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

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
REGULAR SESSION 2004
VOLUME TWO
Commenced at Atlanta, Georgia, Monday, January 12, 2004 and adjourned, April 7, 2004
Printed on Recycled Paper
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OFFICERS
OF THE
STATE SENATE
2004
MARK TAYLOR...............................................................President (Lieutenant Governor) DOUGHERTY COUNTY
ERIC JOHNSON ..............................................................................President Pro Tempore CHATHAM COUNTY
FRANK ELDRIDGE, JR ..................................................................Secretary of the Senate WARE COUNTY
MATTHEW HILL .....................................................................................Sergeant at Arms BARTOW COUNTY
STAFF OF SECRETARY OF SENATE
JOHN BARBOUR ........................................................................................... Journal Clerk FULTON COUNTY
AUDRA DEANNE DODD ................................................................Assistant to Secretary DEKALB COUNTY
AGNES DOSTER...................................................................................... Deputy Secretary GWINNETT COUNTY
FREIDA ELLIS .....................................................................................................Bill Clerk FULTON COUNTY
ROBERT EWING................................................................................... Assistant Secretary DEKALB COUNTY
JEFFREY FOLEY ........................................................................................ Calendar Clerk DEKALB COUNTY
CHEREE HARPER ............................................................................................Index Clerk FULTON COUNTY
MICHELLE SIMMONS............................................................Enrolling/Engrossing Clerk COBB COUNTY
DEBBIE SORRELLS .........................................................................Assistant to Secretary GWINNETT COUNTY
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THURSDAY, MARCH 25, 2004

1911

Senate Chamber, Atlanta, Georgia Thursday, March 25, 2004
Thirty-seventh Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

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

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

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

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1912

JOURNAL OF THE SENATE

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 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 762 HB 1227 HB 1229 HB 1250

Do Pass by substitute

HB 1322 Do Pass

Do Pass by substitute

HB 1335 Do Pass by substitute

Do Pass by substitute

HB 1617 Do Pass

Do Pass by substitute

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 1115 HB 1164 HB 1217 HB 1291 HB 1353 HB 1370 HB 1494 HB 1498 HB 1569 HB 1571 HB 1585 HB 1652 HB 1660 HB 1681

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

HB 1730 HB 1735 HB 1753 HB 1754 HB 1755 HB 1757 HB 1763 HB 1768 HB 1770 HB 1771 HB 1773 SB 196 SB 477 SB 509

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

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THURSDAY, MARCH 25, 2004

1913

HB 1684 HB 1685 HB 1688 HB 1694 HB 1695 HB 1700 HB 1705 HB 1715 HB 1719 HB 1721

Do Pass

SB 580 Do Pass

Do Pass as amended

SB 583 Do Pass

Do Pass

SB 587 Do Pass

Do Pass

SB 600 Do Pass

Do Pass

SB 601 Do Pass

Do Pass

SB 610 Do Pass by substitute

Do Pass

SB 617 Do Pass

Do Pass by substitute

SB 625 Do Pass

Do Pass

SB 626 Do Pass

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 1326 HB 1489 HB 1567

Do Pass Do Pass Do Pass as amended

HB 1702 Do Pass HR 1530 Do Pass
Respectfully submitted, Senator Thomas of the 2nd District, Chairman

The following legislation was read the second time:

HB 762 HB 1227

HB 1229 HB 1250

HB 1322 HB 1326

HB 1335 HB 1489

HB 1567 HB 1617

HB 1702 HR 1530

Senator Harp of the 16th asked unanimous consent that Senator Crotts of the 17th be excused. The consent was granted, and Senator Crotts was excused.

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

Senator Johnson of the 1st 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.

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JOURNAL OF THE SENATE

Senator Dean of the 31st offered scripture reading and prayer.
The following resolutions were read and adopted:
SR 1014. By Senator Balfour of the 9th:
A RESOLUTION commending the Brookwood High School Broncos cross country team; and for other purposes.
SR 1015. By Senator Balfour of the 9th:
A RESOLUTION commending the Brookwood High School Lady Broncos swim team; and for other purposes.
SR 1016. By Senator Balfour of the 9th:
A RESOLUTION commending the Collins Hill High School Lady Eagles cross country team; and for other purposes.
SR 1017. By Senator Balfour of the 9th:
A RESOLUTION commending the Collins Hill High School Eagles swim team; and for other purposes.
SR 1018. By Senator Balfour of the 9th:
A RESOLUTION commending Terasa Martin; and for other purposes.
SR 1019. By Senator Balfour of the 9th:
A RESOLUTION commending the Brookwood High School Broncos Debate Team; and for other purposes.
SR 1020. By Senators Balfour of the 9th and Unterman of the 45th:
A RESOLUTION commending the Grayson High School varsity science team; and for other purposes.
SR 1021. By Senators Balfour of the 9th and Unterman of the 45th:
A RESOLUTION commending the Grayson High School junior varsity science team; and for other purposes.

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THURSDAY, MARCH 25, 2004

1915

SR 1022. By Senator Price of the 56th:
A RESOLUTION commending Jay Nicholas on attaining the rank of Eagle Scout; and for other purposes.
SR 1023. By Senator Price of the 56th:
A RESOLUTION commending James McSavenay on attaining the rank of Eagle Scout; and for other purposes.
SR 1024. By Senator Price of the 56th:
A RESOLUTION recognizing plasma arc as a viable and effective renewable source for energy in Georgia; and for other purposes.
SR 1025. By Senator Cheeks of the 23rd:
A RESOLUTION recognizing and commending Honorable Jack Connell and encouraging the Department of Transportation to place signs which indicate that the Riverwatch Parkway in Augusta, Georgia, is dedicated in honor of Honorable Jack Connell; and for other purposes.
SR 1026. By Senators Zamarripa of the 36th and Reed of the 35th:
A RESOLUTION recognizing the Wheat Street Towers Tenant Association and congratulating it on the occasion of the association's 31st anniversary; and for other purposes.
Senators Johnson of the 1st and Thomas of the 2nd recognized representatives of Candler Hospital, commended by SR 996, adopted previously. Vice President Donald Stubbs addressed the Senate briefly.
Senator Shafer of the 48th asked unanimous consent that Senator Hill of the 4th be excused. The consent was granted, and Senator Hill 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, March 25, 2004 Thirty-seventh Legislative Day

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JOURNAL OF THE SENATE

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

HB 1115

Johnson of the 1st Thomas of the 2nd GARDEN CITY

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. (SUBSTITUTE)

HB 1164

Brush of the 24th Lee of the 29th BUTTS COUNTY

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

HB 1217

Smith of the 25th MORGAN COUNTY

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 1291

Collins of the 6th Lamutt of the 21st Thompson of the 33rd Clay of the 37th Tate of the 38th COBB COUNTY

A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges and associate judges of the state court; and for other purposes.

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HB 1353 HB 1370 HB 1494 HB 1498 HB 1569 HB 1571

THURSDAY, MARCH 25, 2004

1917

Blitch of the 7th Bowen of the 13th OMEGA, CITY OF
A BILL to provide a new charter for the City of Omega; and for other purposes.
Gillis of the 20th Cheeks of the 23rd EMANUAL COUNTY
A BILL to create a board of elections and registration for Emanuel County and provide for its powers and duties; and for other purposes.
Smith of the 52nd Mullis of the 53rd WALKER COUNTY
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.
Blitch of the 7th CHARLTON COUNTY
A BILL to create the State Court of Charlton County; and for other purposes.
Dean of the 31st ROCKMART, CITY OF
A BILL to provide a new charter for the City of Rockmart; and for other purposes. (SUBSTITUTE)
Cagle of the 49th NICHOLSON WATER AUTHORITY
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.

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1918 HB 1585
HB 1660 HB 1681 HB 1684

JOURNAL OF THE SENATE
Collins of the 6th Lamutt of the 21st Tanksley of the 32nd Thompson of the 33rd Clay of the 37th Tate of the 38th COBB COUNTY
A BILL to amend an Act making provisions for the Magistrate Court of Cobb County, so as to provide for the compensation of the chief magistrate of said court; and for other purposes.
Seay of the 34th Starr of the 44th CLAYTON COUNTY
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.
Brush of the 24th Hudgens of the 47th WASHINGTON, CITY OF
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.
Harp of the 16th Tolleson of the 18th PERRY-HOUSTON COUNTY AIRPORT AUTHORITY
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.

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HB 1685 HB 1688 HB 1694 HB 1695 HB 1700

THURSDAY, MARCH 25, 2004

1919

Seabaugh of the 28th Lee of the 29th TROUP COUNTY
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. (AMENDMENT)
Hudgens of the 47th Jackson of the 50th LAVONIA, CITY OF
A BILL to amend an Act providing a new charter for the City of Lavonia, so as to change and extend the corporate limits of said city; and for other purposes.
Cagle of the 49th Stephens of the 51st PICKENS COUNTY
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.
Cagle of the 49th Stephens of the 51st GILMER COUNTY
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.
Harp of the 16th Tolleson of the 18th Brown of the 26th BIBB COUNTY
A BILL to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, so as to change provisions relating

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1920

JOURNAL OF THE SENATE

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.

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 1705

Smith of the 52nd LYERLY, CITY OF

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.

HB 1715

Lee of the 29th Hamrick of the 30th Dean of the 31st Thompson of the 33rd Reed of the 35th DOUGLASVILLE, CITY OF/HARALSON/HEARD COUNTY

A BILL to create the Western Area Regional Radio System Authority; and for other purposes. (SUBSTITUTE)

HB 1719

Brush of the 24th GLASCOCK COUNTY

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 1721

Blitch of the 7th WARE COUNTY

A BILL to create a board of elections for Ware County and to provide for its powers and duties; and for other purposes.

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THURSDAY, MARCH 25, 2004

1921

HB 1735

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

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

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

HB 1753

Cagle of the 49th Jackson of the 50th GAINESVILLE, CITY OF

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.

HB 1754

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

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.

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1922

JOURNAL OF THE SENATE

HB 1755

Crotts of the 17th SUNNY SIDE, CITY OF

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

Seabaugh of the 28th Lee of the 29th Hamrick of the 30th COWETA COUNTY

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

Smith of the 52nd ROME, CITY OF

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.

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

HB 1768

Smith of the 52nd FLOYD COUNTY

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.

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THURSDAY, MARCH 25, 2004

1923

HB 1770

Smith of the 52nd FLOYD COUNTY

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

Harp of the 16th Tolleson of the 18th CRAWFORD COUNTY

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

Bowen of the 13th TURNER COUNTY

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.

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 1730

Johnson of the 1st Thomas of the 2nd GARDEN CITY, CITY OF

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.

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1924 HB 1652
SB 196

JOURNAL OF THE SENATE
Thomas of the 10th Tanksley of the 32nd Zamarripa of the 36th Reed of the 35th Tate of the 38th Fort of the 39th Levetan of the 40th Adelman of the 42nd METROPOLITAN COMMISSION ON HOMELESSNESS
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. (SUBSTITUTE)
Moody of the 27th Levetan of the 40th Tanksley of the 32nd Reed of the 35th Zamarripa of the 36th Tate of the 38th Fort of the 39th Price of the 56th Adelman of the 42nd FULTON COUNTY
A BILL to be entitled an Act to repeal an Act approved March 20, 1986 (Ga. L. 1986, p. 4446), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1972 general election (H.R. 7991935; Ga. L. 1972, p. 1477) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia relating to the authorization of Fulton County to operate recreational programs in any city lying wholly or partially within such county and having a population of not more than 5,000 persons; to repeal that constitutional amendment duly ratified at the 1972 general election (H.R. 799-1935; Ga. L. 1972, p. 1477) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia; to repeal conflicting laws; and for other purposes.

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THURSDAY, MARCH 25, 2004

1925

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 477

Johnson of the 1st Kemp of the 3rd GLYNN COUNTY
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; to provide for submission under the federal Voting Rights Act; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 509

Cheeks of the 23rd WRENS, TOWN OF
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.

SB 580

Collins of the 6th Lamutt of the 21st Tanksley of the 32nd Thompson of the 33rd Clay of the 37th

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1926

JOURNAL OF THE SENATE

Tate of the 38th COBB COUNTY

A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved 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.

SB 583

Hamrick of the 30th Dean of the 31st Thompson of the 33rd Reed of the 35th DOUGLAS COUNTY

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.

SB 587

Hudgens of the 47th Cagle of the 49th MADISON COUNTY

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.

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

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SB 600 SB 601 SB 610

THURSDAY, MARCH 25, 2004

1927

Johnson of the 1st Kemp of the 3rd LIBERTY COUNTY
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.
Johnson of the 1st Kemp of the 3rd LIBERTY COUNTY
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.
Adelman of the 42nd Fort of the 39th Levetan of the 40th Reed of the 35th Tate of the 38th Thomas of the 10th Tanksley of the 32nd Zamarripa of the 36th FULTON COUNTY
A BILL to be entitled an Act to provide for a homestead exemption from Fulton County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and

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1928 SB 617 SB 625
SB 626

JOURNAL OF THE SENATE
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. (SUBSTITUTE)
Hall of the 22nd Cheeks of the 23rd AUGUSTA CANAL AUTHORITY
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.
Lee of the 29th HEARD COUNTY
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.
Gillis of the 20th SOPERTON, CITY OF
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

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THURSDAY, MARCH 25, 2004

1929

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.
The substitutes and amendment to the following bills, were put upon their adoption:
*HB 1115
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1115:
A BILL TO BE ENTITLED AN ACT
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, Georgia; to provide for its creation and organization; to provide for the membership of the authority and the terms of office and compensation of the members thereof; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for rules and regulations; 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 "Garden City Area Convention and Visitors Bureau Authority Act."
SECTION 2. (a) The Garden City Area Convention and Visitors Bureau Authority shall consist of 11 members, nine of which shall be regular members and two of which shall be ex officio members. All 11 members of the authority shall be at least 18 years of age and residents of the City of Garden City or owners or employees of businesses within the city. At least four of the nine regular members shall be either an owner, operator, or manager of a hotel, motel, or restaurant in the city. The mayor and each city councilperson shall appoint one regular member of the authority and there will always be one regular authority member representing the mayor and each of the seven council posts. The members of the authority who represent a city councilperson or the mayor shall serve of the time served by the councilperson or mayor who appointed them, with a new appointment to be made when there is a new mayor or city councilperson. In addition, the mayor and city council shall make a joint appointment of one regular member for a

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one-year term, who shall not be an owner, operator, or manager of a hotel, motel, or restaurant. Said joint appointee shall initially serve from the time of his or her appointment until January 1, 2005. Thereafter, said joint appointee shall serve for a twoyear term. Appointments of the members representing a city councilperson or the mayor shall be made within 45 days of the date on which the councilperson or mayor takes office and the joint appointment of the mayor and city council shall be made within 45 days of the first meeting of the mayor and city council in January of each year. (b) The three city councilmembers serving a four-year term commencing January 1, 2004, shall each appoint a member of the authority who shall be an owner, operator, or manager of a hotel, motel, or restaurant. The four city councilmembers serving two-year terms commencing January 1, 2004, and four-year terms thereafter shall each appoint a regular member of the commission who is not an owner, operator, or manager of a hotel, motel, or restaurant. The mayor shall appoint a regular member who is an owner, operator, or manager of a hotel, motel, or restaurant. The joint appointment of the mayor and city council shall not be an owner, operator, or manager of a hotel, motel, or restaurant. (c) In addition to the nine regular members, there shall be two ex officio members of the authority. These members shall be the executive director of the Garden City Convention and Visitors Bureau Authority, if any, and the City Administrator for the City of Garden City. Ex officio members shall not be entitled to vote, but otherwise shall have all powers and responsibilities of a regular authority member. (d) Any member can be removed by a two-thirds vote of the mayor and entire city council, with the mayor having the right to vote on the question of removal. (e) All the members of the authority shall serve without compensation; provided, however, the city council may reimburse authority members for reasonable expenses incurred in connection with their service as authority members. (f) All members of the authority, except the ex officio members, shall be nominated by a private sector, nonprofit organization.
SECTION 3. The authority shall elect a chairperson, vice chairperson, and secretary-treasurer from its membership. Officers shall be elected on a calendar year basis but may be reelected for succeeding terms. The chairperson shall be entitled to vote on all issues.
SECTION 4. The authority shall have the power to employ an executive director as may be necessary in the operation of the authoritys activities, to whom in turn shall be delegated the authority and responsibility necessary to administer properly the business of the authority and its agencies created in this Act or at a later date, within policies set by the authority and subject to its review. The executive director shall have full charge of the offices and all of the employees and shall have the authority to recommend to the authority the hiring and termination of the employees. The authority shall have the authority to establish salaries and compensation for said executive director and all of its employees.

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SECTION 5. (a) The authority shall meet at such times as may be necessary to transact the business coming before it. Meetings of the authority shall be open to the public in accordance with the laws of this state. Written minutes of all meetings shall be kept and, within ten days of every meeting, a copy of the minutes shall be furnished to the mayor and city council. Meetings shall be conducted in accordance with Roberts Rules of Order. (b) At least five regular members of the authority shall constitute a quorum for the transaction of any business, including election of officers. The majority of the votes cast shall determine all questions and elections.
SECTION 6. (a) The duties of the authority shall be to:
(1) Promote tourism, trade, and conventions for the City of Garden City; (2) Study, investigate, and develop plans for improving tourism in the City of Garden City and the area and doing such things as tend to bring visitors and conventions into the city; (3) Advise and recommend plans to the city council and departments of the city for the development of tourism in the city; and (4) Otherwise promote public interest in the general improvement of tourism in the city. (b) Nothing in this Act shall be construed to abridge or change the powers and duties of other authorities, departments, boards, and like agencies of the city.
SECTION 7. (a) The authority shall have all powers necessary or convenient to carry out and effectuate the purpose and provisions of this Act, including, but without limiting the generality of the foregoing, the power:
(1) To sue and be sued in contract and in tort and to complain and defend in all courts; (2) To adopt and alter a corporate seal; (3) To acquire in its own name real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes by purchase on such terms and conditions and in such manner as it may deem proper or by gift, grant, lease, or otherwise; to insure the same against any and all risks as such insurance may, from time to time, be available; and to use such property, rent or lease the same to or from others, make contracts with respect to the use thereof, or sell, lease, or otherwise dispose of any such property in any manner it deems to the best advantage of the authority and the purposes thereof. Title to any such property of the authority shall be held by the authority exclusively for the benefit of the public; (4) To exercise any one or more of the powers, rights, and privileges conferred by this Act either alone or jointly or in common with one or more other parties, whether public or private. In any such exercise of such powers, rights, and privileges jointly

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or in common with respect to the construction, operation, and maintenance of projects, the authority may own an undivided interest in such projects with any other parties, whether public or private. The authority may enter into agreements with respect to any project with the other parties participating therein, and any such agreement may contain such terms, conditions, and provisions consistent with this Act as the parties thereto may deem to be in their best interest; (5) To make and exercise contracts, agreements, and other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created; (6) To borrow money to further or carry out its public purpose and to execute notes, other obligations, leases, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable in the judgment of the authority to evidence and to provide security for such borrowing; (7) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantee, or other financial assistance in furtherance of the authoritys public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source; (8) To enter into agreements with the federal government, state government, or any agency thereof to use the facilities or services of the federal government, state government, or any agency thereof in order to further or carry out the public purposes of the authority; (9) Subject to proper appropriation to the authority, to receive and use the proceeds of any tax levied by a political subdivision or taxing district of the state to pay the cost of any project or for any other purpose for which the authority may use its own funds pursuant to this Act; (10) To accept donations and appropriations of money, services, products, property, and facilities for expenditure and use by the authority for the accomplishment of its purpose; (11) To adopt bylaws governing the conduct of business by the authority, the election and duties of officers of the authority, and other matters which the authority determines to include in its bylaws; (12) To invest any accumulation of its funds in any manner that public funds of the state or its political subdivisions may be invested; and (13) To do any and all things necessary or proper for the accomplishment of the objectives of this Act and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the public purpose of the authority or the Constitution and laws of this state. (b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to those powers enumerated in the other paragraphs of subsection (a) of this section and elsewhere in this Act and no such power limits or

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restricts any other power of the authority.
SECTION 8. The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the City of Garden City, and not for purposes of private or corporate benefit and income, and such properties, to the extent of the authoritys ownership therein, the authority, all income and obligations of the authority, and all transfers of such property shall be exempt from all taxes and special assessments of the state or any city, county, or other political subdivision thereof. The authority shall have all of the exemptions and exclusions from taxes that are now granted to cities and counties for the operation of properties or facilities similar to properties and facilities to be owned or operated, or both, by the authority.
SECTION 9. Neither the members of the authority nor any person executing notes or obligations on behalf of the authority shall be personally liable thereon by reason of said execution.
SECTION 10. The authority shall submit an annual budget to the mayor and city council of the City of Garden City which, upon approval by the city council, may in the discretion of the city council be funded from the revenue received by the city from the hotel-motel tax, provided the authority complies with any provisions relative to the expenditure of said revenue contained in Article 3 of Chapter 13 of Title 48 of the O.C.G.A. as now or hereafter in effect and any other criteria deemed proper by the mayor and city council.
SECTION 11. The mayor and city council of the City of Garden City shall be authorized, by and through a committee of their own number or by any person they may select, to inspect at their pleasure the state and condition of the authority and the property thereto belonging and also all books and accounts pertaining to the affairs of the authority and the authority shall give and furnish them any reasonable facility and assistance in making such inspections.
SECTION 12. The Garden City Area Convention and Visitors Bureau Authority shall not have the power or authority to bind the City of Garden City by any contract, agreement, financial obligation, or indebtedness or otherwise. No contract, agreement, financial obligation, or indebtedness incurred by the authority shall ever be a claim or charge against the city.
SECTION 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 14. 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.
*HB 1569
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1569:
A BILL TO BE ENTITLED AN ACT
To provide a new charter for the City of Rockmart; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a city manager, mayor, and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the courts jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for collections; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions, construction, and severability; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I CHARTER, CITY LIMITS, AND CORPORATE POWERS
SECTION 1.01. Name and incorporation.

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This city and the inhabitants thereof are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style of the City of Rockmart, Georgia, and by that name shall have perpetual succession.
SECTION 1.02. Corporate limits.
(a) The boundaries of the City of Rockmart shall be those as existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, written description, or any combination thereof, to be retained permanently in the office of the city manager, and to be designated, as the case may be: "Official Map of the Corporate Limits of the City of Rockmart, Georgia." Photographic, typewritten, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. (b) The mayor and city council may provide for the redrawing of any such map by ordinance to reflect lawful annexations or other changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. (c) The present boundaries of the city, or any portion lawfully annexed hereafter, are a part of the appendix to this charter and incorporated as the boundaries of Rockmart, by reference.
SECTION 1.03. Powers and construction.
(a) The City of Rockmart shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though said powers were specifically enumerated in this charter. The city shall have all powers of self-government not otherwise prohibited by this charter or by general state law. (b) The powers of this city shall be construed liberally in favor of the city. The specific inclusion or omission of particular powers shall not be construed as extending or limiting the powers of the city in any way.
SECTION 1.04. Examples of power.
(a) Animal regulations. To regulate and license or to prohibit 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; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to

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provide punishment for violation of ordinances enacted hereunder; (b) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure or borrowing 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; (c) Building regulations. To regulate and to license 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 and building trades; and to establish minimum standards for and 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 the inhabitants of the city, and to provide for the enforcement of such standards; (d) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (e) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any public purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (f) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations to the extent permitted by this charter and the general laws of this state; (g) Economic development. To levy taxes, make appropriations, provide incentive plans, conduct industrial recruitment, and take other actions necessary to promote or advertise the city and its advantages and resources so as to bring new capital, commercial, and other manufacturing enterprises into the city and create new employment opportunities for its residents; (h) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within 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; (i) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (j) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to

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prescribe penalties and punishment for violations thereof; (k) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal fees, 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, with said fees, if unpaid, to constitute a lien against any property or persons served and enforceable in the same manner as a lien for unpaid property taxes; (l) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (m) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to 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; (n) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (o) Hospitals. To levy taxes, collect fees and other revenue, make appropriations, and make payment from the general revenues and funds of the city for the support of public hospitals; (p) Jail sentences. To provide that persons given jail sentences in the citys court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (q) Libraries. To levy taxes, collect fees and other revenue, make appropriations, and make payment from the general revenues and funds of the city for the support of public libraries; (r) Motor vehicles. 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; (s) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, 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 the same; (t) Municipal debts. 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 governing bond issues by municipalities in effect at the time said issue is undertaken; (u) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (v) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public;

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and to prescribe penalties and punishment for violations thereof; (w) Municipal utilities. 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, cable television, fiber optic networks, and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same. Any such fees, if unpaid, will constitute a lien against the person or property served and enforceable in the same manner as a lien for unpaid property taxes; (x) Nuisance. To define a nuisance and provide for its abatement, whether on public or private property, in the Municipal Court of Rockmart as outlined both by ordinance and by general state law; (y) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (z) Personnel. To provide such system of personnel administration, employment matters, or similar rules and regulations as the city manager as chief personnel officer and the mayor and city council should determine; (aa) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (bb) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (cc) Public hazards: removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (dd) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, athletic, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and 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; (ee) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (ff) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (gg) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid

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regulations of the Georgia Public Service Commission; (hh) Regulation of roadside areas. To prohibit or regulate and control 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 or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (ii) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (jj) Roadways. To name, rename, lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (kk) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquisition, construction, equipment, operation, maintenance, and extension of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same. Any such fees, if unpaid, will constitute a lien against the person or property served and shall be enforceable in the same manner as a lien for unpaid property taxes; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (ll) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and 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 should the city acquire facilities or equipment, or both, for this purpose; (mm) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of alcoholic beverages, and the sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and flammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (nn) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (oo) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (pp) Taxes: other. To levy and collect such other taxes as may be allowed now or in the

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future by law; (qq) Vehicles for hire. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; and (rr) Other powers. 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; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; 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. No listing 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 1.05. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the City of Rockmart, and its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such powers shall be carried into execution as provided by ordinance or general laws of the State of Georgia.
SECTION 1.06. Regulation and control of public streets,
alleys, and ways; closing; costs.
(a) In the event that the City of Rockmart receives a petition or written request from all adjoining property owners that any street, lane, alley, avenue, road, or sidewalk, or any part of the same, is no longer needed for street purposes, the city shall have express power and authority to close, lease, sell, convey, or otherwise dispose of any such street, lane, alley, avenue, road, or sidewalk or any part of same. However, should the mayor and city council determine that it is not desirable to permanently abandon such street, lane, alley, avenue, road, or sidewalk, or any part thereof, but should desire to preserve it for future use to the city if needed for street or other purposes, the mayor and city council are hereby expressly granted the power and authority to lease or retain an easement to any such street, lane, alley, avenue, road, or sidewalk, or any part of the same, to any person, firm, or corporation, upon such terms and conditions as they may deem proper, with full power and authority to provide any such lease contract for a renewal of the same on a year to year basis, provided that the city shall not require the use of the property for street purposes at the expiration of any original lease contemplated herein.

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(b) Before any street, lane, alley, avenue, road, or sidewalk, or any part of the same is closed, sold, leased, conveyed, or otherwise disposed of, the mayor and city council shall adopt a resolution at a regular meeting thereof, duly called and held. Said resolution shall generally describe such street, land, alley, avenue, road, or sidewalk, or any part of same, together with the intentions of the mayor and city council as to the disposition thereof, including the terms and conditions of said disposition, and the person, firm, or corporation to whom the property is to be disposed. Upon passage of such a resolution, the city shall then publish notice of the proposed closing or other disposition in a newspaper of general circulation located within the corporate limits of the city once a week for two weeks and hold a public hearing at the next regularly scheduled monthly city council meeting. If after such publication, no objection is made to the proposed disposition, the mayor and city council may proceed by ordinance to make such disposition. If, however, any citizen or property owner makes any objection to the proposed disposition, the mayor and city council shall conduct a full and complete hearing and afford all parties the opportunity to present evidence or otherwise voice their opinions for or against the proposed disposition of the street property. The city shall retain full and complete discretion as to the final disposition of said property, even if requested by all adjoining property owners, and shall not have any obligation or duty to grant said property owners request. (c) In the event that any person, firm, or corporation of the City of Rockmart files an application to close any portion of a street, lane, alley, avenue, road, or sidewalk, within the corporate limits of the city, the applicant shall bear all expenses occasioned by the closing of said street, lane, alley, avenue, road, or sidewalk, or any part of same, even if the mayor and city council do not ultimately grant the application. Said costs shall include, but not be limited to, any and all attorneys fees, survey costs, preparation of deeds or other legal instruments, recording fees, and any other reasonable costs and expenses incurred therewith. If multiple property owners submit such an application or petition, they shall bear all such costs equally. The applicant shall pay all such costs in advance, prior to the execution of any ordinances, quitclaim deeds, or any other documents required to be executed at the conclusion of said closing. (d) The mayor and city council may place whatever restrictions, contingencies, or requirements concerning the closing of such street, lane, alley, avenue, road, or sidewalk, or any part of same, as it may deem appropriate, including, but not limited to, the right of retention of easements for sewer, water, and other municipal utilities services.
ARTICLE II CITY GOVERNMENT STRUCTURE
SECTION 2.01. Establishment of city council; number; election.
The legislative authority of the government of the City of Rockmart, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers, to be known as the "mayor and city council of the City

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of Rockmart." The mayor and city council established in this charter shall in all respects be a successor and continuation of the governing authority of the City of Rockmart under prior law and shall be elected in the manner provided by general law and this charter. Furthermore, the mayor and city council shall exercise their powers in such manner as prescribed by this charter and the Constitution and applicable general laws of the State of Georgia as they exist on the date of the adoption of this charter and as they may hereafter be amended. If any such powers are not prescribed in this charter, then the mayor and city council shall exercise them in such a manner as may be prescribed by the duly established ordinances of the City of Rockmart.
SECTION 2.02. Qualifications and terms for mayor and councilmembers.
The mayor and councilmembers shall serve terms of four years and until their respective successors are elected and qualified. To be eligible for the office of mayor or councilmember, a person shall have been a resident of the City of Rockmart for 12 months immediately preceding the date of election of the mayor or councilmember. Persons seeking to qualify for the office of councilmember shall, at the time of qualification, be a resident of the ward for which he or she seeks election. Furthermore, the mayor and councilmembers shall continue to reside in the corporate limits of the city and the ward from which they were elected during their respective periods of service and shall be both registered and qualified to vote in municipal elections in this city. The terms of mayor and councilmember shall commence on January 1 of the year next following the year in which they were elected and shall expire on December 31 of the year in which the elections were held to fill the expiring terms.
SECTION 2.03. Vacancies in office.
(a) Vacancies. The office of mayor or councilmember shall become vacant upon the occurrence of any events specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such applicable laws as are or may hereafter be enacted. (b) Filling vacancies. A vacancy in the office of mayor or councilmember shall be filled as provided in Section 5.06 of this charter.
SECTION 2.04. Compensation and reimbursement of expenses.
The city council may from time to time determine the salary of the mayor and councilmembers by ordinance, subject to the requirements of state law. Each councilmember and the mayor, when authorized by the city council and upon presentation of itemized vouchers, receipts, statements, invoices, bills, or other similar such documentation, shall be reimbursed for their actual and necessary expenses incurred

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in the performance of their duties of office, including, but not limited to, travel, lodging, meals, entertainment, and other similar such expenses.
SECTION 2.05. Prohibitions.
(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter 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 that persons official duties or which would tend to impair the independence of the officials judgment or action in the performance of those official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that persons official duties or would tend to impair the independence of the officials judgment or action in the performance of those official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which the official is engaged without proper legal authorization or use such information to advance the financial or other private interest of the official or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to the officials knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign in accordance with Chapter 5 of Title 21 of the O.C.G.A., the "Ethics in Government Act," or such other applicable laws as are or may hereafter be enacted; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which the official has a financial interest. (c) Disclosure Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the mayor and city council. Such interest and such disclosure shall be entered on the records of the mayor and city council, and that official 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 charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such

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entity shall disclose such interest to the governing body of such agency or entity. (d) Use of public property No elected official, appointed officer, or employee of the city or agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the mayor and city council or the governing body of such agency or entity. (e) Contracts voidable and rescindable Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the mayor and city council. (f) Ineligibility of elected officials Except where authorized by law, neither the mayor nor any councilmember shall hold any other elected or compensated appointed office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected. No former mayor or councilmember shall hold any compensated appointed office in the city until one year after the expiration of the term for which that official was elected. (g) Political activities of certain officers and employees No appointed officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and city council either immediately upon election or at any time such conflict may arise. (h) Penalties for violation:
(1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position, shall be deemed to have forfeited that persons office or position, and shall be subject to removal under Section 3.19 of this charter. (2) Any officer or employee of the city who shall forfeit an office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.
SECTION 2.06. Inquiries and investigations.
Following the adoption of an authorizing resolution, the mayor or city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the mayor or city council shall be punished in the same manner after a violation of any city ordinance.

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SECTION 2.07. General power and authority of the mayor and city council.
The mayor and five councilmembers shall compose the Rockmart City Council, and shall be vested with all corporate, legislative, and other powers of government of the city, except as otherwise provided by this charter or general state law.
SECTION 2.08. Eminent domain.
The mayor and city council are hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, industrial, vocational, technical and commercial parks, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, athletic, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
ARTICLE III ORGANIZATION OF CITY GOVERNMENT
SECTION 3.01. Organization.
The current city government shall continue as presently organized, unless and until otherwise provided by ordinance, amendment to this charter, or other law. The mayor and city council may by ordinance: establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city; provide that the same person shall fill a number of offices and positions of employment; and transfer or change the functions and duties of various offices, positions of employment, and departments and agencies of the city.

SECTION 3.02. Organizational meeting and oath.
The mayor and city council shall hold an organizational meeting each year at its regularly scheduled January meeting. At this meeting, the councilmembers shall elect a mayor pro tem. from its membership, as provided in this charter, and administer the following oath of office to any newly elected members, as follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of the City of Rockmart and that I will support and defend the charter

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thereof as well as the Constitution and laws of the State of Georgia and the United States of America."
SECTION 3.03. Regular and special meetings.
(a) The mayor and city council shall hold regular public meetings on the second Tuesday of each month at 7:00 P.M. in the city council room of City Hall, 200 North Marble Street, Rockmart, Georgia, or at other such times and places as may be designated by the mayor and city council or prescribed by ordinance. The mayor and city council shall exercise its powers in all public meetings. (b) The city council may hold special meetings or work sessions on the call of the mayor or the mayor pro tem. and two councilmembers. Notice of any such special meetings or work sessions shall be served on all other councilmembers personally or by personal telephone contact, no less that 24 hours in advance of the meeting. The notice requirements of this section shall not be required and shall be waived if the mayor and all councilmembers are present when this special meeting or work sessions are called. Such notice of any special meeting or work session may also be waived by a councilmember in writing before or after such a meeting. Attendance at a special meeting shall also constitute a waiver of notice on any business transacted in a councilmembers presence. Only the business stated in the notice may be transacted at a special meeting, unless all councilmembers unanimously consent to the transacting of additional business. At work sessions, the mayor and city council may discuss, deliberate, plan, or debate current city issues but may not take any vote or formal action and shall not publish or follow a formal agenda. (c) All meetings of the mayor and city council shall be public to the extent required by law, and notice to the public of any special meetings shall be given, to the extent reasonably possible, as provided in Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
SECTION 3.04. Rules of procedure.
(a) The mayor and city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and the city clerk shall provide for keeping minutes of its proceedings, which shall be public record. The mayor and city council may also adopt procedures and penalties for compelling the attendance of absent members, as well as punishment for contemptuous behavior conducted in the presence of the mayor and city council. (b) All committees and committee chairs and officers of the city council shall be recommended by the mayor and approved by the city council and shall serve at the pleasure of the mayor and city council. Furthermore, the mayor and city council shall have the power to appoint new members to any committee at any time.

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SECTION 3.05. Quorum; voting.
A majority of councilmembers present shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of any ordinances shall be by voice vote and the vote shall be recorded in the minutes of the city council. Any member of the city council shall have the right to request a roll-call vote and such vote shall also be recorded in the minutes, if requested. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
SECTION 3.06. Action requiring an ordinance.
Acts of the mayor and city council which have the force and effect of law or have a regulatory or penal effect, or are required by this charter or state law to be done by ordinance, shall be enacted by ordinance. All other administrative measures, ministerial acts, expressions of current opinion or feeling of the city council, or temporary measures may be in the form of a resolution. The mayor may also from time to time issue nonbinding proclamations to honor or commemorate a group, event, person, or business in the city.
SECTION 3.07. Ordinances and city legislation; form; procedures.
(a) Every proposed ordinance should 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 of every ordinance shall be "It is hereby ordained by the mayor and city council of the City of Rockmart..." and every ordinance shall begin. (b) An ordinance may be introduced by any councilmember and read at a regular or special meeting of the mayor and city council. Ordinances shall be considered and either adopted or rejected by the mayor and city council in accordance with the rules it shall establish upon introduction of any ordinance. The clerk shall, as soon as possible, distribute a copy of same to the mayor and each councilmember and retain a reasonable number of copies in his or her office for inspection and copying by members of the public. The clerk shall also forward certified copies of all ordinances to the Municipal Code Corporation or any other person, firm, or corporation responsible for the codification of the citys ordinances, so that the city code can be properly revised and updated. After adoption of ordinances, the city clerk shall number them consecutively in the order of their final adoption and record them in a permanent record book used solely for this purpose. The clerk shall do likewise for resolutions, using a separate series of numbers and a separate record book. The city clerk shall file and preserve the original copies of all ordinances, resolutions, and any written motions.

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SECTION 3.08. Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene a special meeting on the call of the mayor, mayor pro tem. and two councilmembers, or a majority of councilmembers and promptly adopt an emergency ordinance. However, such an ordinance may not do any of the following:
(1) Levy taxes; (2) Grant, renew, or extend a franchise; (3) Regulate the rate charged by any public utility for its services; or (4) Authorize the borrowing of money except for temporary loans to be repaid within 30 days. (b) An emergency ordinance shall be introduced in the form 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 the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. An emergency ordinance shall become effective immediately upon adoption or at such later time as it may specify. (c) Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but such ordinances may be extended or reenacted in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (d) Emergency meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such applicable laws as are or may hereafter be enacted.
SECTION 3.09. Codes of technical regulations.
(a) The mayor and city 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 3.07 of this charter for distribution of copies of the ordinance shall be construed to include making available 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 by the clerk pursuant to Section 3.10 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.

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SECTION 3.10. Signing; authenticating; recording; codification; printing.
(a) The clerk shall authenticate by the clerks signature and record all ordinances adopted by the city council in a properly indexed book kept for that purpose. (b) The mayor and city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the mayor and city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the mayor and city council may specify. This compilation shall be known and cited officially as "The Code of the City of Rockmart, 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 mayor and city council. (c) The mayor and city council shall cause each ordinance and each amendment to this charter to be forwarded to the party responsible for codification and printed following its adoption. The printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the mayor and city council. Following publication of the first code under this charter 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 mayor and city council shall make such arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 3.11. Election of mayor; forfeiture; compensation.
The mayor shall be elected by a majority vote of all citizens of the City of Rockmart and serve for a term of four years until a successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for no fewer than 12 months immediately preceding the election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office or may be removed on the same grounds and under the same procedures as for councilmembers. The compensation of the mayor shall be established by ordinance in the same manner as for councilmembers.
SECTION 3.12. Powers and duties of mayor.
The mayor shall: (1) Preside at all meetings of the city council; (2) Have a vote only in case of a tie vote by councilmembers; (3) Have veto power as outlined in Section 3.13 of this charter;

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(4) Be the ceremonial head of the city; (5) Sign ordinances and resolutions upon their final passage; (6) Secure short-term loans in the name of the city when authorized by the city council to do so; (7) Sign deeds, bonds, and contracts when authorized by the city council to do so; (8) Serve as the registered agent for service of process in any legal action against the city; (9) Be the executive head of the city government, responsible for the efficient and orderly administration of the citys affairs; (10) Be responsible for the enforcement of the laws, rules, regulations, ordinances, and franchises in the city; (11) Conduct inquiries and investigations into the conduct of the citys affairs, when he or she deems necessary, or upon vote of three councilmembers, as provided in Section 2.06 of this charter; (12) Have the power to administer oaths and to take affidavits; (13) Call special meetings of the city council as provided for in Section 3.03 of this charter; (14) Direct the city attorney to take such legal action as the city council may determine; (15) Make recommendations for committee appointments, to be approved by the city council; and (16) Have and perform such other powers and duties as may be provided by this charter and duly adopted ordinances not inconsistent herewith.
SECTION 3.13. Submission of ordinances to mayor; veto power.
(a) Every ordinance adopted by the city council shall be promptly presented to the mayor by the clerk no later than five calendar days from the date of the meeting at which it was adopted. (b) Either at the meeting at which an ordinance was adopted or no later than five calendar days of receipt of an ordinance, the mayor shall return it to the clerk either with or without the mayors approval. If the mayor has approved the ordinance, it shall become law immediately upon its return to the clerk. If the mayor neither approves nor disapproves the ordinance, it shall become law at 12:00 Noon on the eleventh calendar day after the city council meeting at which it was adopted. If the mayor expressly disapproves an ordinance, the mayor shall submit to the city council and clerk a written statement of reasons for the veto. The statement of the mayor shall be circulated by the clerk to the city council. In all instances, the clerk shall record upon the ordinance the date it was delivered to and received from the mayor. (c) If the mayor vetoes an ordinance as provided in this section, the clerk shall present said ordinance to the city council at its next regular or special meeting. If the city council then or at its next meeting adopts the ordinance by an affirmative vote of four

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councilmembers, the ordinance shall become law. (d) The mayor may disapprove, veto, or reduce any item or items of appropriation in any ordinance or budget. The approved part or parts of any budget or ordinance making appropriations shall become law and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayors veto as provided in this section. The reduced part or parts shall also be presented to the city council as if disapproved or vetoed by the mayor and shall not become law unless passed by the city council over the mayors veto as provided in this section.
SECTION 3.14. Mayor pro tem.
(a) At the first regular meeting of the mayor and city council each year, the city council shall by majority vote elect another councilmember to serve as mayor pro tem. for a term of one year. Upon the city councils failure to elect a mayor pro tem. at its first regular meeting in January of each year, the incumbent councilmember who received the highest number of votes when last elected shall be declared mayor pro tem. (b) The mayor pro tem. shall assume the duties and powers of the mayor during the mayors physical or mental disability or absence. Any such disability or absence shall be declared by a majority vote of the city council. In addition, the mayor pro tem. shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as defined in Section 2.05 of this charter.
SECTION 3.15. Powers and duties of the city manager.
The mayor and city council shall appoint a city manager who shall be the chief administrative officer of the city. The city manager shall be responsible to the mayor and city council for the administration of all city affairs placed in the city managers charge by or under this charter. As the chief administrative office, the city manager shall:
(1) Serve as chief personnel officer for the city and appoint and, when the city manager deems it necessary for the good of the city, reprimand, suspend, remove, or otherwise take disciplinary action against all city employees and department heads the city manager appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any department head who is subject to the city managers direction and supervision to exercise these powers with respect to subordinates in that persons department, office, or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings except for closed meetings held for the purpose of deliberating on the appointment, discipline, or removal of the city manager and have the right to take part in discussion but not vote; (4) See that all laws, provisions of this charter, and acts of the mayor and city

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council, subject to enforcement by the city manager or by officers subject to the city managers direction and supervision, are faithfully executed; (5) Along with the city clerk as finance officer, prepare and submit the annual operating budget and capital budget to the mayor and city council; (6) Submit to the mayor and city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the mayor and city council may require concerning the operations of city departments, offices, and agencies subject to the city managers direction and supervision; (8) Keep the mayor and city council fully advised as to the financial condition and future needs of the city and make such recommendations to the mayor and city council concerning the affairs of the city as the city manager deems desirable; (9) Serve as purchasing agent for the city and approve all purchases and vouchers for same as set forth by ordinance; and (10) Perform other such duties as are specified in this charter or as may be required or directed by the mayor and city council.
SECTION 3.16. Mayor and city council involvement with administration.
It is the policy of the mayor and city council to encourage open discussion and communications among elected officials and city employees. Except for the purpose of inquiries and investigations under Section 2.06 of this charter , the mayor and city council or its members should make every effort to deal with city officers and employees who are subject to the direction and supervision of the city manager through the city manager to the extent possible. Neither the mayor and city council nor its members shall give orders to any such officer or employee, either publicly or privately.
SECTION 3.17. Acting city manager.
By letter filed with the city clerk, the city manager shall designate, subject to approval of the mayor and city council, a qualified city administrative officer to exercise the powers and perform the duties of city manager during the city managers temporary absence or physical or mental disability. During such absence or disability, the mayor and city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or the city managers disability shall cease. Any such absence or disability shall be declared by majority vote of the mayor and city council.

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SECTION 3.18. City clerk.
The mayor and city council shall appoint a city clerk who shall not be a councilmember. The clerk shall perform the following duties:
(1) Keep and preserve the official city seal and all city records; (2) Attend meetings of the mayor and city council and keep the official minutes of its proceedings, including the names of members and other parties present and absent, the vote of each councilmember on each resolution, ordinance, motion, or other official action considered; (3) Prepare and certify copies of official records when requested, for which fees may be prescribed by ordinance; (4) Serve as chief financial officer of the city and work in coordination with the city manager in budget preparation and review; (5) Maintain a book or record of registration of franchises granted by the city pursuant to Section 4.13 of this charter; and (6) Perform such other duties as may be required by the mayor and city council.
SECTION 3.19. Removal of officers.
(a) The mayor, any councilmember, city manager, or city clerk may be removed from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a felony or other crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or other law; (4) Knowingly violating Section 2.05 of this charter or any other express prohibition of this charter or code of the City of Rockmart; (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, the Rockmart Code of Ordinances, or general state law. (b) For purposes of subparagraph (a)(2) of this section, the term "moral turpitude" is defined as a crime involving an act which implicates the honesty and integrity of the perpetrator and in particular shall include any crime involving theft, deceit, or fraud. (c) In the event an elected or appointed officer is sought to be removed by action of the city council, such officer shall be entitled to written notice specifying the ground or grounds for removal and to a public hearing, which shall be held no less than ten days after service of such written notice. Removal of any elected or appointed officer pursuant to subsection (a) of this section shall be accomplished by the affirmative vote of four councilmembers after an investigative hearing. Any and all hearings held pursuant to this section shall be conducted in accordance with Chapter 14 of Title 50 of the O.C.G.A., the "Georgia Open Meetings Act," to the greatest extent reasonably possible.

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(d) Any elected or appointed officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Polk County. Such appeal shall be governed by the same rules as governed appeals to the superior court from the probate court of Polk County.
SECTION 3.20. City attorney.
The mayor and city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized or required, and shall provide for payment of such attorney or attorneys for services rendered to the city. The city attorney shall perform the following duties:
(1) Provide for the representation and defense of the city in all litigation in which the city is a party; (2) May be the prosecuting officer or solicitor in the municipal court; (3) Attend all meetings of the mayor and city council as directed; (4) Advise the mayor and city council and other city officers and employees concerning legal aspects of the citys affairs; (5) Approve as to form and legality all contracts, deeds, ordinances, resolutions, and motions as presented or prescribed by the mayor and city council; and (6) Perform such other duties as may be required by virtue of that persons position as city attorney.
SECTION 3.21. Employment and personnel matters.
The city council shall adopt rules, regulations, and policies consistent with this charter concerning the following:
(1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, and methods of promotion and transfer within the classification plan; (3) Hours of work, vacation, sick leave and other leaves of absence, overtime pay, and rules governing layoffs or similar reductions in force; (4) Such dismissal hearings as due process may require; and (5) Such other personnel policies, regulations, provisions, or notices as may be necessary to provide for the adequate and systematic handling of personnel matters.
SECTION 3.22. Boards, commissions, and authorities.
(a) The mayor and city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the mayor and city council deems necessary and shall by ordinance establish the

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composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the mayor and city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The mayor and city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no more than two members of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) All board members serve at will and may be removed at any time by the affirmative vote of four members of the city council unless otherwise provided by law. (g) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chair and one member as vice chair, 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 law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
SECTION 3.23. Department heads.
(a) Except as otherwise provided herein, the mayor and city council shall by ordinance prescribe the functions and duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government thereof. (b) Except as otherwise provided herein or by other law, the department heads and other officers of the city shall be appointed solely on the basis of their administrative and professional qualifications. (c) All appointed officers and department heads shall receive such compensation as is determined by the mayor and city council. (d) There shall be a director or head of each department or agency who shall be its principal officer. Each department head shall be responsible for the administration and direction of the affairs and operations of his or her department or agency, subject to the direction and supervision of the city manager.
ARTICLE IV FINANCE AND FISCAL ADMINISTRATION

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SECTION 4.01. Fiscal year.
The mayor and city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.
SECTION 4.02. Preparation of budgets.
The mayor and city council shall adopt an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans.
SECTION 4.03. Submission of operating budget to city council.
(a) On or before a date fixed by the city council, but not later than 30 days prior to the beginning of each fiscal year, the city manager in coordination with the city clerk shall submit to the mayor and city council a proposed operating budget for the ensuing fiscal year, showing the following:
(1) The revenue and expenditure during the previous fiscal year; (2) Appropriations and estimated revenue and expenditures for the current fiscal year; (3) Estimated revenue and recommended expenditures for the ensuing fiscal year; (4) A comparative statement of the assets, liabilities, reserves, and surplus at the end of the previous fiscal year, and estimated assets, liabilities, reserves, and surplus, both at the end of the current fiscal year and the ensuing fiscal year; and (5) Such other information and data as may be considered necessary by the mayor and city council. (b) 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 any major changes recommended for the next fiscal year, a general summary of the budget, and any other pertinent comments and information the city manager feel necessary. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be maintained in the office of the city clerk and shall be open to public inspection.
SECTION 4.04. Action by city council on budget.
(a) The mayor and city council may amend the proposed operating budget submitted by the city manager. However, the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all

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debt service requirements for the ensuing fiscal year. Moreover, the total appropriations from any funds shall not exceed the estimated fund balance, reserves, and revenues. (b) The mayor and city council by ordinance shall adopt a final operating budget for the ensuing fiscal year, no later than the regular scheduled June city council meeting for each year. If the city council fails to adopt the budget on or before the date set out herein, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month to month basis, with all items prorated accordingly until such time as the mayor and city council adopt a budget for the ensuing fiscal year. Notice of any or all meetings at which the budget is adopted shall be given as provided by state law. (c) Adoption of the budget shall take the form of an appropriations 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 preparation ordinance adopted pursuant to Section 4.03 of this charter. (d) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for same and no expenditures shall be made or any encumbrance created in excess of the otherwise encumbered balance of the appropriations or allotment thereof to which it is chargeable unless the budget is amended and such excess expenditure approved by the mayor and city council. In addition, the mayor and city council shall not make any appropriations in excess of any estimated revenue, except to provide for an actual emergency threatening the health, property, or lives, safety, or general welfare of the inhabitants of the city, which emergency shall be declared by the affirmative vote of three members of the city council.
SECTION 4.05. Changes in appropriations.
The mayor and city council may by ordinance make changes in the appropriations contained in the adopted operating budget at any regular meeting or any special or emergency meeting called for that purpose, but any such additional appropriations may be made only for an existing anticipated unappropriated surplus in the fund to which it applies.
SECTION 4.06. Lapse of appropriations.
Any unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made.

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SECTION 4.07. Capital budget.
(a) On or before a date fixed by the mayor and city council, but no later than 30 days prior to the beginning of each fiscal year, the city manager shall submit to the mayor and city council a proposed capital improvement plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The mayor and city council shall have the power to accept, with or without amendments, or reject the proposed plan and budget. The mayor and city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement on any public property, unless the appropriations for such project are included in the capital budget, except to meet a public emergency that threatens the lives, health, property, or general welfare of the citizens of Rockmart, which emergency shall be declared by the affirmative vote of three members of the city council. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year, not later than the regular June meeting before the beginning of said year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made has been completed or abandoned. However, the city manager may submit to the city council amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon their adoption by ordinance and by the affirmative vote of three members of the city council. In addition, the capital improvements budget may be revised and extended each year with regard to capital improvements still pending or in the process of construction or acquisition.
SECTION 4.08. Independent audit.
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 accountant shall conduct this audit according to generally accepted auditing and accounting principles and file a report with the mayor and city council, as well as a summary thereof, both of which shall be furnished or made available to the mayor and every councilmember. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter.
SECTION 4.09. Property taxes.
The mayor and city council may assess, levy, and collect an ad valorem tax on all real and personal property that is subject to taxation by the state and county, provided that such property is located within the corporate limits of the city. These taxes shall be levied for the purpose of raising revenues to defray the costs of operating the city

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government, providing governmental services, repayment of principal and interest on general obligations, and for any other public purpose as may be determined by the mayor and city council in their discretion.
SECTION 4.10. Millage rate; due dates; payment methods.
(a) The mayor and city council shall by ordinance establish a millage rate for city property taxes, a due date for payment of said taxes, and a time period within which these taxes must be paid. The city shall send a tax bill to all taxpayers and residents of the city showing the due date, assessed valuations, amount of tax due, and information as to delinquency dates and future interest. Failure to send such tax bills shall not, however, invalidate any tax. (b) The mayor and city council may by ordinance provide for the payment of these taxes in one lump sum or in installments, subject to the restrictions contained in state law, and also authorize the voluntary payment of taxes prior to their due dates. (c) All taxes due to the city shall bear interest at the maximum interest rate specified by state law for delinquent taxes. Any period of less than one month shall be considered to be one month for the purpose of calculating interest under this section. The city shall have the right to enforce, collect, or both, any delinquent taxes to the fullest extent permitted by general law.
SECTION 4.11. Occupation and business taxes.
The mayor and city council shall by ordinance have the power to levy such occupation or business taxes as are authorized by law. The mayor and city council may further classify businesses, occupations, or professions for the purpose of such taxation in accordance with state law and may compel the payment of such taxes as provided in Section 4.17 of this charter.
SECTION 4.12. Regulatory fees; permits.
The mayor and city council shall by ordinance have the power to require businesses or practitioners doing business within the city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit, as provided by state law. Such fees shall reflect the approximate total costs to the city of regulating the activity, and, if unpaid, shall constitute a lien against the property or person liable therefor and may be collected as provided in Section 4.17 of this charter.

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SECTION 4.13. Franchises.
(a) The mayor and city council shall have the power to grant franchises for the use of the citys rights of way, streets, and alleys for use by railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, Internet providers, fiber optic network providers, gas companies, transportation companies, and other similar organizations. The mayor and city council shall determine the duration, terms, and consideration for such franchises, and whether they shall be exclusive or nonexclusive. 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. (b) The mayor and city council shall provide for the registration of all such franchises with the city clerk in a registration book to be maintained by the clerk and may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (c) If no franchise agreement is in effect, the mayor and city council has the authority to impose a tax on gross receipts for the use of the citys rights of way, streets, and alleys for use by railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, Internet providers, fiber optic network providers, gas companies, transportation companies, and other similar organizations.
SECTION 4.14. Service charges; utilities.
The mayor and city council shall by ordinance have the power to assess and collect fees and tolls for water, sewer, sanitary and health services, or any other similar services provided or made available both within and beyond the corporate limits of the city for the total costs to the city of providing and making such services. Such charges, if unpaid, shall be collected as provided in Section 4.17 of this charter and shall constitute a lien against any person or property served.
SECTION 4.15. Special assessments.
The mayor and city council shall by ordinance have the power to assess and collect the costs of constructing or reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances, from the abutting property owners on a pro rata basis or under such other terms and conditions as may be reasonable or agreed upon by the parties. Such charges, if unpaid, shall be collected as provided in Section 4.17 of this charter and shall constitute a lien against the person or property assessed.

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SECTION 4.16. Other taxes and fees; construction.
The mayor and city council shall be empowered to levy any other tax or fee now or hereafter permitted by law. The specific inclusion of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of the city to collect taxes, fees, charges, and other moneys, and otherwise govern its local affairs.
SECTION 4.17. Collection of delinquent taxes and fees.
The mayor and city council may by ordinance provide generally for the collection of any delinquent taxes, fees, charges, or other moneys due the city under Sections 4.10 through 4.16 of this charter by whatever reasonable means as may be permitted by law. This shall include, but not be limited to, the following:
(1) Providing for the dates when such taxes or fees are due; (2) Fixing late penalties or interest, or both; (3) Issuance and execution of fi.fas., judgments, or other liens; (4) Creation and priority of liens; (5) Making delinquent taxes and fees personal debts of the person or persons required to pay same; (6) Revoking city permits or other licenses for failure to pay any city taxes or fees; (7) Providing for the assignment or transfer of tax executions; and (8) Taking such other action as may be necessary and authorized by law to collect such unpaid taxes, fees, or other charges. It is the general intent of this article to provide that all unpaid city taxes, fees, charges, or other moneys due the city under this charter shall constitute a lien against the property, person, or both for which the taxes, fees, or charges are levied, to enable the city to collect and enforce payment of same to the greatest extent possible.
SECTION 4.18. General obligation bonds.
The mayor and city 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 laws of this state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 4.19. Revenue bonds.
The mayor and city council may issue revenue bonds as provided by state law now or hereafter amended. Such bonds are to be paid out of any revenue produced by the

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project, program, or venture for which they were issued.
SECTION 4.20. Short-term loans.
The mayor and city council may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.

SECTION 4.21. Lease-purchase contracts.
The mayor and city council may enter into multiyear lease, purchase, or lease purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.

SECTION 4.22. Contracting procedures.
No long-term or substantial contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney, and as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council minutes of proceedings pursuant to Section 2.21 of this charter.
The city shall follow the requirements of state law with regard to any "public works construction projects" as defined by Code Section 36-91-1 of the O.C.G.A., et seq., or other such applicable laws as are or may hereafter be enacted in giving notice, receiving bids, requiring performance and payment bonds, and entering into contracts for such projects. The city manager shall have the discretion to require any outside contractors, subcontractors, or other persons, firms, or corporations to execute a written contract or letter or memorandum of understanding in all outside city projects costing in excess of $5,000.00, depending on the nature of the project. For purposes of this section, "longterm or substantial" shall mean any contract of a duration exceeding 12 months or involving the payment by the city of more than $50,000.00 for any goods, services, equipment, or materials.

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SECTION 4.23. Centralized purchasing.
The mayor and city council may by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 4.24. Sale and lease of city property.
(a) The mayor and city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The mayor and city 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. (c) 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 mayor and city council may authorize the city manager to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owners property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. The city shall also have discretion to retain any utility easements as may be necessary with regard to such property. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey any title and interest the city may have in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. (d) Any person, firm, or corporation who purchases property from the city pursuant to this section shall be responsible for any and all fees, costs, or other expenses associated with the transaction, including, but not limited to, attorneys fees, recording costs, survey and appraisal fees, and similar such expenses, except as otherwise agreed between the city and the purchaser.
ARTICLE V ELECTIONS SECTION 5.01. Applicability of general law.
All primaries and elections for any elected office in the City of Rockmart government or any other matter that is properly the subject of a municipal election shall be held and

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conducted in accordance with general state law governing elections as contained in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," or as may hereafter be amended.
SECTION 5.02. Regular elections; time for holding.
(a) The regular municipal general election for mayor and councilmembers shall be held biannually on the first Tuesday next following the first Monday in November in each odd numbered year. The terms of office shall begin on January 1 of the year next following such election. Officials elected at any such election shall be sworn in at the first regular meeting of the mayor and city council in January next following such election. (b) There shall be elected the mayor and city councilmembers from Wards 2 and 5 at the municipal general election in 2005 and at every other municipal general election thereafter. There shall be elected the councilmembers from Wards 1, 3, and 4 at the municipal general election in 2007 and at every other municipal general election thereafter so that a continuing body is created.
SECTION 5.03. Wards; ward residency requirements.
(a) The City of Rockmart shall be divided into five wards to be numbered from one to five, all as more particularly shown and depicted on the 2000 Census Map of the City of Rockmart, on file in the office of the clerk, and including more specifically within each ward the following census blocks of the respectively designated Census tracts:
(1) Ward 1. Census Tract No. 9906: Census Blocks 1009, 1012-1022, 1025-1027, 1031-1034, 1036-1043, 1049, 1050, 1053, 1054, 1060-1068, 1089, 1090, and 2008-2017. Census Tract No. 9907: Census Blocks 1005, 1006, 1016, and 1015.
(2) Ward 2. Census Tract No. 9907: Census Blocks 3007, 3009, 3012, 3013, 3019-3044, 4011, 4013-4022, 4024, 40264028, 4034, and 5010-5011.
(3) Ward 3. Census Tract No. 9906: Census Blocks 1028-1029, 1055-1057, 1069-1088, 2038-2040, 3000, 3019-3025. Census Tract No. 9907: Census Blocks 2009, 3010, and 3011.
(4) Ward 4. Census Tract No. 9907: Census Blocks 2001, 2002, 2004, 2005, 2007, 2008, 2010-2016, 2018-2023, 3000-

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3006, 3008, 3014-3018, and 4012. (5) Ward 5.
Census Tract No. 9906: Census Blocks 1010-1012, 1018, 1019, 1021-1027, 1029-1037, 1040-1042, 2000, 2003, 2017, and 4003. (b) When used in subsection (a) of this section, 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 Rockmart which is not included in any such ward described in subsection (a) of this section shall be included within that ward 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 Rockmart which is described in subsection (a) of this section as being in a particular ward shall nevertheless not be included within such ward if such part is not contiguous to such ward. Such noncontiguous part shall instead be included within that ward contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any ward, whenever the description of such ward refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia. (c) One councilmember shall be elected from each of the five wards of the City of Rockmart as described in subsection (a) of this section. At the time of qualification for office, each councilmember shall be a resident of the ward which he or she is elected to represent and shall be elected by a majority of the voters voting within that ward and not at large. The mayor shall be a resident of the city and shall be elected by a majority of the voters of the entire city.
SECTION 5.04. Nonpartisan elections.
Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations.
SECTION 5.05. Election by majority.
The candidate receiving a majority of the votes cast for any city office shall be elected to serve in that office.

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SECTION 5.06. Special elections; vacancies.
(a) In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.03 of this charter, and such vacancy occurs during the final 27 months of the terms of the vacant office, then the mayor and city council or those remaining shall appoint a successor for the remainder of the term. If such vacancy occurs before the final 27 months of such term of office, the election superintendent of the city shall call a special election to fill the remainder of the term of office. Persons appointed or elected to fill a vacancy shall possess the same qualifications as required in the office vacated and serve the remainder of the unexpired term and until a successor is regularly elected and qualified. Any special election held pursuant to this section shall be conducted in accordance with general state law regarding municipal elections, as contained in Title 21 of the O.C.G.A. as now or hereafter amended. Such election shall be held as soon as permitted under state law from the date such vacancy occurs. (b) Special elections may be called at any time by the mayor and city council for the purpose of voting on bond issues, general obligation debt, or other questions required or permitted by law to be presented to the citizens of the City of Rockmart. In all such special elections, the city shall follow the procedure established for municipal general elections, as well as any additional requirements of state law with regard to bond issues, general obligation debt, or other proper ballot questions.
SECTION 5.07. Rules and regulations.
Except as otherwise provided by this charter, the mayor and city council shall, by ordinance, describe such rules and regulations as it deems appropriate to fulfill any options and duties it may have, as contained in Chapter 2 of Title 21 of the O.C.G.A. as presently enacted or hereafter amended.
ARTICLE VI JUDICIAL BRANCH
SECTION 6.01. Creation; name.
There is hereby established a court to be known as the Municipal Court of the City of Rockmart.
SECTION 6.02. Municipal judge.
(a) The Rockmart municipal court shall be presided over by a part-time municipal judge and any other stand-by or substitute judges as may be provided by ordinance.

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(b) No person shall be qualified and eligible to serve as a judge of the Rockmart municipal court unless that person:
(1) Has attained the age of 30 years; (2) Is a qualified and registered voter in Polk County; (3) Has resided in Polk County for no fewer than five years immediately preceding appointment; (4) Has obtained or will obtain within 12 months after appointment any and all licenses or certifications as may be required by general law; and (5) Possesses all other qualifications as may be required by law. All municipal judges shall be appointed by, and serve at the pleasure of, the mayor and city council, and shall serve until a successor is duly appointed and qualified. (c) The mayor and city council shall fix the compensation of the municipal judge or judges. (d) The municipal judge shall serve at will and may be removed from office at any time by majority vote of the city council, unless otherwise provided by ordinance. (e) Before assuming office, the municipal judge shall take an oath, to be administered by the mayor, that he or she will honestly and faithfully discharge the duties of office to the best of his or her ability, and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council as maintained by the clerk pursuant to Section 3.18 of this charter.
SECTION 6.03. Court proceedings; schedules.
The Rockmart municipal court shall be convened at regular intervals and at such other times as may be determined by the judge. A court schedule shall be published and made available to the public, either at city hall or at the Rockmart police department.
SECTION 6.04. Jurisdiction; powers.
(a) The Rockmart municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as permitted by general state law. (b) The Rockmart municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine as authorized by law or ten days in jail. (c) The Rockmart municipal court may fix punishment for offenses within its jurisdiction, not to exceed a fine of $1,000.00, or imprisonment for six months, or both a fine and imprisonment, or may fix punishment by fine, imprisonment, community service, or any other form of alternative sentencing as now or hereafter provided by law. If state law authorizes punishment in excess of the fine or imprisonment specified herein, then the court may impose the greater punishment. (d) The Rockmart municipal court shall have authority to establish a schedule of fees to

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defray its costs of operation, and, with regard to prisoners bound over to any superior court for violations of state law, shall be entitled to reimbursement for the actual costs of meals, transportation, general caretaking expenses, court costs, administrative fees, and such other fees as are authorized to be collected by Georgia law as presently enacted or hereafter amended. (e) The Rockmart municipal court shall have the authority to establish bail and recognizance to insure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with such violations. Whenever any person gives bond for his or her appearance and fails to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at that time and execution shall be issued thereon by serving the defendant and the defendants sureties with a rule nisi, at least five days before a hearing thereon. In the event that cash or property is accepted in lieu of bond to secure 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 municipal judge declared forfeited to the city; or the property so deposited shall have a lien against it for the amount forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for unpaid city property taxes and fees. (f) The Rockmart municipal court shall have the same authority as the Superior Court of Polk County to compel the production of evidence in the possession of any party, to enforce obedience to its orders, judgments, or sentences, and to administer such oaths as may be necessary. (g) The Rockmart municipal court shall have the authority to bind defendants over to the appropriate court when it appears by probable cause that state law has been violated, or where a defendant makes a written request for a trial by jury, or under other circumstances in which a transfer is authorized by state law. (h) The judge of the Rockmart municipal court may compel the presence of all parties necessary for the proper disposal of each case by the issuance of summons, subpoenas, and warrants, which may be served or executed by any officer as authorized by this charter or other law. (i) The judge of the Rockmart municipal court shall be authorized to issue warrants for the arrest of any person or persons charged with violations of any ordinances of the city. The judge shall have the same authority as a magistrate of the state or county to issue warrants for violations of state laws committed within the corporate limits of the City of Rockmart. The judge shall also have the authority to issue warrants for the arrest of persons charged with violating any of the terms or conditions of any sentence of probation imposed upon them in the municipal court and revoke any or all of said persons remaining probated sentence, if those persons are found to have violated the terms and conditions of their probation. (j) The Rockmart municipal court is specifically vested with all jurisdiction and power throughout the corporate limits of the city as granted generally by law to municipal courts and particularly by such laws that authorize the abatement of nuisances and prosecution of traffic violations.

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(k) Subject to the approval of the mayor and city council, the municipal court is further authorized to enter into any contracts or agreements it deems necessary or expedient for certain services, including, but not limited to, housing persons charged with city offenses in other jail facilities, probation and related supervision services, collection of fines, fees, and other delinquent payments, and similar such services.
SECTION 6.05. Certiorari.
The right of certiorari from the decisions and judgments of the Rockmart municipal court shall exist in all criminal cases, ordinance violation cases, and such other cases in which certiorari is appropriate under state law. Such certiorari shall be obtained under the sanction of a judge of the Superior Court of Polk County and under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 6.06. Rules of court.
With the approval of the city council, the municipal 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 Rockmart municipal court. However, the city council may adopt, in whole or in part, the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk and made available for public inspection. Upon written request, a copy of said rules and regulations shall be furnished to all defendants in municipal court cases at least 48 hours prior to their arraignment, trial, or any other hearing or proceeding.
ARTICLE VII GENERAL PROVISIONS
SECTION 7.01. Bonds for city officials.
The officers and employees of the City of Rockmart, both elected and appointed, may be required to execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council may from time to time require by ordinance, or as may be provided by law. Any and all premiums or other costs of such bonds, unless otherwise provided by ordinance or other law, shall be paid by the city.

SECTION 7.02. Existing ordinances, resolutions, rules, and regulations.
All ordinances, resolutions, rules, and regulations now enforced in the city that are not

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inconsistent with this charter are declared valid and are in full force and effect until amended or repealed by the city council.
SECTION 7.03. Pending matters.
Except as specifically provided otherwise in this charter, all rights, claims, actions, orders, contracts, and any other legal or administrative proceedings existing on or before the date this charter becomes effective shall continue as they had before the effective date hereof, and any such ongoing projects, work, or cases shall be completed by such city agencies, personnel, departments, authorities, or offices as may be provided by the mayor and city council.
SECTION 7.04. Construction.
(a) Section captions in this charter are informative only and are not to be considered as a part of the sections which they describe. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.05. Severability.
If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be unconstitutional or otherwise invalid. It is the legislative intent of the General Assembly in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.
SECTION 7.06. Specific repealer.
An Act incorporating the City of Rockmart in the County of Polk, approved on April 8, 1968 (Ga. L. 1968, p. 3224), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. It is the intent and purpose of this charter to replace and supersede the above-referenced charter, and any charter provisions previously enacted.

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SECTION 7.07. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7.08. Repealer.
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.
*HB 1685
The amendment to the following bill was put upon its adoption:
The Senate State and Local Governmental Operations Committee offered the following amendment:
Amend HB 1685 by striking the word "July" on line 14 of page 2 and inserting in its place the word "January".
On the adoption of the amendment, the yeas were 40, nays 0, and the committee amendment was adopted.
*HB 1715
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1715:
A BILL TO BE ENTITLED AN ACT
To create the Western Area Regional Radio System Authority; to provide a short title; to provide a declaration of need; to provide for the membership, appointment of members, and terms of the members; to provide for a quorum; to define certain terms; to provide for the powers of the authority; to provide that obligations shall be exempt from taxation; to provide that indebtedness of the authority shall not constitute debt to the establishing local governments; to provide for venue of actions relating to any provisions of this Act; to provide for the purpose of the authority; to provide that the authority may establish rates and collect revenues for services; to provide for rules, regulations, and policies; to

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provide for tort immunity; to provide for exemptions from certain taxes; 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. Short title.
This Act shall be known and may be cited as the "Western Area Regional Radio System Authority Act."
SECTION 2. Declaration of need.
It is declared that there exists a need for a Western Area Regional Radio System Authority to function without profit in developing and promoting for the public good certain communication facilities and services in order to provide an interoperable, high quality, and reliable and uninterrupted communication signal for public safety and public services and for the other purposes expressed in this Act.
SECTION 3. Western Area Regional Radio System Authority.
(a) There is hereby created a public body corporate and politic to be known as the "Western Area Regional Radio System Authority," which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The authority shall consist of eight members who shall be appointed by the establishing local governments in the following manner: (1) Carroll County, Georgia, shall appoint two members to the authority, (2) the City of Douglasville, Georgia, shall appoint two members to the authority, (3) Haralson County, Georgia, shall appoint two members to the authority, and (4) Heard County, Georgia, shall appoint two members to the authority. Elected officials of the establishing local governments may be appointed as members of the authority. With respect to the initial appointments by the establishing local governments, the appointments shall be in the following manner: (1) Carroll County, Georgia, shall appoint its first member to a term of one year and shall appoint its second member to a term of four years, (2) the City of Douglasville, Georgia, shall appoint its first member to a term of two years and shall appoint its second member to a term of three years, (3) Haralson County, Georgia, shall appoint the first member to a term of one year and shall appoint its second member to a term of three years, and (4) Heard County, Georgia, shall appoint its first member to a term of two years and shall

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appoint its second member to a term of four years. Thereafter, all appointments shall be made for terms of four years and until successors are appointed and qualified. Immediately after such appointments, the members of the authority shall enter upon their duties. To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age, shall have been a resident of the jurisdiction of the establishing local government which appointed him or her for at least two years prior to the date of his or her appointment and shall continue such residency during his or her term of office, and shall not have been convicted of a felony. Any member of the authority may be selected and appointed to succeed himself or herself. (c) The authority may provide by resolution for compensation for the services of the members of the authority in such amounts as it may deem appropriate; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (d) The members of the authority shall elect one of their number as chairperson and another as a vice chairperson. The chairperson shall preside over the regular and special meetings of the authority and shall not cast a vote in any proceeding unless necessary to cast a vote in the event of a tie vote. In the event that the chairperson is not in attendance, the vice chairperson shall preside and that presiding member shall not cast a vote in any proceeding unless necessary to cast a vote in the event of a tie vote. The members of the authority shall also elect a secretary, and may also elect a treasurer, who need not be members of the authority. The secretary and treasurer shall not be the chairperson or vice chairperson. The secretary may also serve as treasurer. If either the secretary or the treasurer is not a member of the authority, such officer shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. (e) Four members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.
SECTION 4. Definitions.
As used in this Act, the term: (1) "Authority" means the Western Area Regional Radio System Authority created by this Act. (2) "Costs of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal agents and legal expenses, plans and specifications, licensing fees and costs, and other expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing herein authorized; working capital; and all other costs

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necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (3) "County" means any county created under the Constitution or laws of this state. (4) "Establishing local governments" shall mean the board of commissioners of Carroll County, Georgia, the mayor and council of the City of Douglasville, Georgia, the commissioner of Haralson County, Georgia, and the board of commissioners of Heard County, Georgia. (5) "Local government" or "local governing authority" means any municipal corporation or county or any state or local authority, board, or political subdivision created by the General Assembly or pursuant to the Constitution and laws of this state. (6) "Obligation" means any indebtedness, including, without limitation, any note, lease, contract, or other evidence of indebtedness. (7) "Project" means the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of providing facilities and services permitted by the obligation to meet radio communication needs and standards and to aid in the accomplishment of the purposes of the authority. (6) "State" means the State of Georgia.
SECTION 5. Powers.
The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, condemnation, or otherwise, and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporate existence shall continue, to lease or make contracts with respect to the use of the same, or to dispose of the same in any manner it deems to the best advantage of the authority; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations;

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(5) To execute contracts, leases, installment sale agreements, and other agreements and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of a project; and any and all persons, firms and corporations, local governments, and any other political subdivision or municipality of the state located within the operational capacity of the authority are hereby authorized to enter into contracts, leases, installment sale agreements, and other agreements or instruments with the authority upon such terms and for such purposes as they deem advisable and as they are authorized by law; (6) To acquire, construct, add to, extend, improve, equip, hold, operate, maintain, lease, and dispose of projects; (7) To pay the costs of the project with the proceeds of any grant or contribution from the United States of America or any agency or instrumentality thereof or from the state or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever; (8) To finance projects and facilities of the authority for the furtherance of the purposes of the authority within the geographic area over which the authority has operational capability by loan, loan guarantee, grant, lease, or otherwise and to pay the cost of such from any funds of the authority or from any contributions or loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the authority is authorized to receive, accept, and use; (9) To sell or pledge any obligation acquired by it whenever it is determined by the authority that the sale thereof is desirable; (10) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (11) To accept loans and grants of money or materials or property of any kind from the state or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as, the state or such agency or instrumentality or political subdivision may require; (12) To borrow money for any of its corporate purposes and to provide for the payment of the same and for the rights of the holders thereof; (13) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness; (14) To acquire by the exercise of the power of eminent domain any real property or rights in property which it may deem necessary for its purposes under this Act pursuant to the procedures set forth under the laws of this state and to purchase, exchange, sell, lease, or otherwise acquire or dispose of any property or any rights or interests therein, or for any projects or activities incident thereto; and

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(15) To do all things necessary or convenient to carry out the powers expressly given in this Act.
SECTION 6. Exemption from taxation.
Obligations of the authority shall be exempt from all taxation within the state.
SECTION 7. Credit not pledged.
Obligations of the authority shall not be deemed to constitute a debt of the establishing local governments nor a pledge of the faith and credit of said establishing local governments. The issuance of such obligations shall not directly, indirectly, or contingently obligate said establishing local governments to levy or to pledge any form of taxation whatsoever for payment of such obligations or to make any appropriation for their payment, and all such obligations shall contain recitals on their face covering substantially the foregoing provisions of this section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the authority and any political subdivision or municipality to enter into an intergovernmental contract pursuant to which the political subdivision or municipality agrees to pay amounts sufficient to pay operating charges and other costs of the authority or any project including, without limitation, the principal of and interest on obligations in consideration for services or facilities of the authority.
SECTION 8. Venue.
Any action to protect or enforce any rights under the provisions of this Act or any suit or action against the authority shall be brought in the Superior Court of Carroll County, Georgia.
SECTION 9. Moneys received considered trust funds.
All moneys received pursuant to the authority of this Act, whether as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
SECTION 10. Purpose of the authority.
Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of providing for the development of a regional

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communication system for public safety and public service use to guarantee interoperability, high quality, and reliable and uninterrupted communication signals through facilities, equipment, and services for the establishing local governments by contract, including other persons, entities, and local governments who may hereinafter contract and agree for services from the authority. The general purposes of the authority shall not restrict the authority from developing and servicing any persons, entities, or local governments who may contract for the authority to develop communication services or facilities, or both, in other areas where operational capacity is deemed necessary or desirable.
SECTION 11. Rates, charges and revenues; use.
The authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished, and in anticipation of the collection of the revenues, to incur indebtedness as herein provided to finance, in whole or in part, the costs of the project.
SECTION 12. Rules, regulations, service policies, and procedures for operation of projects.
It shall be the duty of the authority to prescribe or cause to be prescribed rules, regulations, service policies, and procedures for the operation of any project constructed or acquired under the provisions of this Act. The authority may adopt bylaws.
SECTION 13. Tort immunity.
To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as a political subdivision of the state; and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of a political subdivision of the state when in the performance of their public duties or work for a political subdivision of this state.
SECTION 14. Tax-exempt status of authority.
The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the state and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from all taxes and special assessments of any municipality, county, or the state or

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any political subdivision thereof to the extent allowed by general law.
SECTION 15. Effect on other governments.
This Act shall not and does not in any way take from the establishing local governments or any political subdivision or municipality the authority to own, operate, and maintain public facilities or to issue obligations.
SECTION 16. Liberal construction of Act.
This Act, being for the welfare of various political subdivisions and municipalities of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
SECTION 17. Effective date.
This Act shall become effective as of the earlier of August 1, 2004, or the adoption of a resolution by the establishing local governments that makes initial appointments of members to constitute a quorum of the authority.
SECTION 18. Repealer.
All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the yeas were 40, nays 0, and the committee substitute was adopted.
*HB 1652
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1652:
A BILL TO BE ENTITLED AN ACT
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; to provide for the provision of services to the homeless; to

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provide for the powers and duties of the commission; to provide for the allocation of property after dissolution; to provide that members of the commission shall be trustees; to provide for certain exemptions from taxation, levy and sale, garnishment, and attachments; to provide the court in which actions against the commission may be brought; to provide for construction; 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. Short title.
This Act shall be known and may be cited as the "Metropolitan Commission on Homelessness Act."
SECTION 2. Findings.
(a) It is found, determined, and declared that there are many homeless persons in metropolitan Atlanta; that the number of homeless persons is increasing; that in many instances, the homeless are victims of circumstances beyond their control and they are in need of effective public and private assistance; that the existing and increasing number of homeless persons necessitates excessive and disproportionate expenditures of public funds for public health and safety, fire and accident protection, and other public services and facilities; and that the provision of services for homeless persons is a public use and purpose for which public money may be spent. (b) It is further found and determined that the citizens of metropolitan Atlanta are deeply concerned about homeless persons in their community and that a comprehensive approach to providing services and assistance for the homeless in metropolitan Atlanta and to preventing homelessness in and around such area will best serve the citizens in metropolitan Atlanta. (c) Because of the findings and determinations described in subsections (a) and (b) of this section, it is further found that there is a need for the creation of a public authority to develop a comprehensive plan through which public and private agencies of metropolitan Atlanta can deal effectively with the problems of the homeless of the community and can work to prevent homelessness. It is further found that such a public authority should cooperate with and assist public and private agencies in implementing and carrying out such comprehensive plan and in providing oversight, evaluation, and coordination of the various programs and activities of such comprehensive plan and that such public authority should exercise additional powers and duties as provided in this Act in connection with the development, implementation, and carrying out of such plan. (d) It is further found, declared, and determined that the creation of the commission provided for in this Act and the carrying out of its corporate purposes are in all respects

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valid charitable and public purposes within the provisions of the Constitution of Georgia in that developing more effective methods, programs, and services to deal with the problems of the homeless of metropolitan Atlanta and preventing homelessness is of vital importance to that community.
SECTION 3. Definitions.
Unless the context clearly requires otherwise, as used in this Act, the term: (1) "Commission" means the Metropolitan Commission on Homelessness created by this Act. (2) "Homeless" means being without or expecting within 30 days to be without sleeping accommodations which meet health and safety standards and includes such factors as unemployment, underemployment, substance abuse, mental illness, or other conditions as determined by the commission which cause or contribute to causing the state of being homeless. (3) "Metropolitan Atlanta" means the territory comprising the geographic boundaries of the member jurisdictions. (4) "Project" means a program or facility the cost of which will exceed $20,000.00 in any calendar year. (5) "Local jurisdiction liaison officer" means an employee of a local member jurisdiction appointed by a chief executive officer, mayor, county manager, governing authority, or chair of a county commission of a member jurisdiction. (6) "Member jurisdiction" means the City of Atlanta and any county which has agreed by resolution to appoint members to the commission and participate in its activities.
SECTION 4. Metropolitan Commission on Homelessness.
(a) There is created a body corporate and politic to be known as the Metropolitan Commission on Homelessness which shall be deemed to be an instrumentality of the state, a public corporation, and a public authority, and by that name, style, and title may contract and be contracted with, and sue in all courts and be sued in the superior court of any member jurisdiction, as provided in Section 15 of this Act. (b) The commission shall function until July 1, 2009, on which date it shall cease to exist. (c) The commission shall not be deemed to be the State of Georgia or a political subdivision of the state or an agency of the state or of a political subdivision of the state.
SECTION 5. Membership.
(a) When activated as provided in Section 6 of this Act, the commission shall initially be

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composed of voting and nonvoting members as follows: (1) Two members appointed by the governing authority of each of the five initial member jurisdictions, one of whom shall be the commission chairperson of Fulton County and one of whom shall be the mayor of the City of Atlanta; (2) The commissioner of human resources or a designee as a nonvoting ex officio member; (3) The Commissioner of Labor or a designee as a nonvoting ex officio member; (4) The commissioner of community affairs or a designee as a nonvoting ex officio member; (5) The president of the United Way of Metropolitan Atlanta as a nonvoting ex officio member; (6) Six members appointed by a majority vote of the initial ten members appointed pursuant to the provisions of paragraph (1) of this subsection. One of the members appointed under this paragraph shall be a homeless person or a person who has been homeless; two of the members shall represent agencies that provide services to the homeless; and one member shall be the leader of a faith based organization; and (7) One member appointed by the governing authority of each member jurisdiction who shall be business leaders in metropolitan Atlanta.
(b) Members shall be appointed to terms of office of three years each and until their respective successors are appointed and qualified. (c) Members of the commission shall receive no compensation for serving on the commission but may be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties. (d) The commission may by a majority vote of its full membership remove any member of the commission if a member fails to attend the regular meetings of the commission or if a member otherwise fails to carry out the duties and responsibilities required of members of the commission. A vacancy created by the removal of a member as provided in this subsection shall be filled for the unexpired term in the same manner that other vacancies are filled.
SECTION 6. Organization; meetings.
(a) When there are five initial member jurisdictions, the chairperson of the Fulton County board of commissioners shall convene the initial members appointed under paragraph (1) of subsection (a) of Section 5 of this Act for the purpose of appointing the remaining initial members of the commission. The organizational meeting of the commission shall be called by the mayor of the City of Atlanta after all appointments to the commission have been made. At the organizational meeting, the commission shall elect from its own membership a chairperson, vice chairperson, and secretary-treasurer. The chairperson shall not be an elected official. The terms of office of such officers and all other matters relating to the organization and rules of procedure of the commission shall be as determined by the commission, except as otherwise provided by subsection (b)

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of this section. (b) The commission shall meet not less than four times during each calendar year on the call of the chairperson of the commission. (c) The commission shall prepare and submit to the appointing bodies and officers listed in subsection (a) of Section 5 of this Act and to the members of the General Assembly representing any member jurisdiction an annual report at the end of each fiscal year or calendar year of the commission outlining the work of the commission and furnishing to such bodies or officers a copy of its most recent annual independent audit of income and expenditures prepared in accordance with the requirements of Section 13 of this Act.
SECTION 7. Purposes.
The commission is created for the following purposes: (1) To develop in collaboration with local governments a comprehensive plan for public and private agencies to effectively address the problems of the homeless in metropolitan Atlanta; no project to be located in a local member jurisdiction shall be included in the plan if the local government has expressed in writing opposition to the project, and any project must comply with the land use and zoning regulations of the local government where it is located; (2) To develop the resources needed to implement the programs and projects identified in the comprehensive plan; (3) To collect and analyze data that describes the effectiveness, cost, quality, and capacity of the homeless services delivery system and identifies gaps in the continuum of services; (4) To coordinate, evaluate, and provide administrative services and assistance in implementing and carrying out the comprehensive plan developed by the entity; (5) To promote uniform basic standards and practices for organizations offering services to homeless people through certification, education, and training to ensure the integrity and continuity of program; (6) To develop and disseminate information that will educate the public and civic leaders regarding the causes of homelessness and the programs which can end it; (7) To advocate for public policy changes at the local, state, and federal levels that will support the strategies and programs contained in the comprehensive plan; and (8) To collaborate with, and coordinate its comprehensive plan with, the Georgia Coalition to End Homelessness, Inc.
SECTION 8. Contracts for homeless services.
To the extent that a contract entered into pursuant to the provisions of Sections 7 and 9 of this Act provides therefor, the commission shall have the power to provide such services for the homeless on behalf of public or private agencies as may be reasonably necessary

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or desirable to carry out effectively programs and services called for by the comprehensive plan developed by the commission under paragraph (1) of Section 7 of this Act.
SECTION 9. Powers and duties.
(a) In addition to any other powers and duties provided for by this Act and in order for the commission to carry out its purposes as described in this Act, the commission shall have the following powers and duties:
(1) To have a seal and alter the same at its pleasure; (2) To acquire, hold, and dispose of in its own name by purchase, gift, lease, or exchange, on such terms and conditions and in such manner and by such instrument as it may deem proper, real and personal property of every kind, character, and description, but the commission shall not have the power to acquire any real or personal property by condemnation or eminent domain; (3) To procure insurance against any loss in connection with its property and other assets of the commission; (4) To exercise the power provided by Code Section 45-9-1 of the O.C.G.A. to procure policies of liability insurance or contracts of indemnity or to formulate sound programs of self-insurance to insure or indemnify members of the commission and its officers and employees against personal liability for damages arising out of the performance of their duties or in any way connected therewith to the extent that such members, officers, or employees are not immune from such liability; (5) To make contracts and to execute all instruments necessary or convenient in connection therewith, and to contract with any departments, institutions, agencies, counties, municipalities, or political subdivisions of the State of Georgia, public corporations, and private legal entities and others upon such terms and for such purposes as may be deemed advisable for a term not exceeding 50 years pursuant to Article IX, Section III, Paragraph I of the Constitution of the State of Georgia; (6) To adopt, alter, or repeal its owns bylaws, policies, procedures, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the commission may deem necessary or expedient in facilitating its business. Such bylaws shall include provisions regulating the application for federal, state, and private funds; (7) To create by resolution or through its bylaws such advisory committees or groups of advisers as it deems appropriate to assist or advise the commission in carrying out its duties or accomplishing the purposes of this Act. Such advisory committees or groups shall be composed of such service providers or other persons as the commission shall determine; (8) To receive, accept, and utilize gifts, grants, donations, or contributions of money, property, facilities, or services, with or without consideration, from any person, firm, corporation, foundation, or other entity or from the State of Georgia or any agency,

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instrumentality, or political subdivision thereof or from the United States or any agency or instrumentality thereof; (9) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested; (10) To the extent that a contract between the commission and a public or private agency provides therefor, to act as an agent for such public or private agency in any matter coming within the purposes or powers of the commission; provided, however, that a contract with a public agency is in compliance with the service delivery strategy of the member jurisdiction as provided in Code Section 36-70-25 of the O.C.G.A.; (11) To select, appoint, and employ professional, administrative, clerical, or other personnel and to contract for professional or other services and to allow suitable compensation for such personnel and services; (12) To do all things necessary or convenient to carry out the powers and purposes of the commission which are expressly provided for in this Act; (13) To apply for grants from private or governmental sources to implement projects in its comprehensive plan but shall not have the power to apply for state or federal funds that have been offered to local governments, including, but not limited to, federal Housing and Urban Development super NOFA funds, without an express request of the local government and in accord with the bylaws, nor shall the commission apply for any grant for a project to be located in a local member jurisdiction if such local government has expressed in writing its opposition to the grant application; (14) To provide notice to the local jurisdiction liaison officer of any substantive discussion concerning a project to be located in that local jurisdiction; and (15) To adopt an annual budget prior to the beginning of each fiscal year and present an annual request for financial support to both governmental participants and nongovernmental participants in the work of the commission but shall not have the authority to create financial obligations for any county or municipality that is a member jurisdiction of the commission or to pledge the full faith and credit of a county or municipality. (b) Notwithstanding any other provision of this Act, no member jurisdiction shall incur any financial obligation pursuant to this Act without the approval of that member jurisdiction.
SECTION 10. Property.
Should said commission for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the commission at the time of such dissolution shall revert to the City of Atlanta or other member jurisdiction wherein the property lies as the commission shall determine, subject to any mortgages, liens, leases, or other encumbrances outstanding against or in respect to said property at that time.

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SECTION 11. Members as trustees.
The members of the commission shall be accountable in all respects as trustees. The commission shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall provide for an annual independent audit of income and expenditures.
SECTION 12. Charitable and public functions.
Because the commission will be performing valuable charitable and public functions and purposes in the exercise of the powers conferred upon it, the commission shall be required to pay no taxes or assessments to the state or any county, municipality, authority, or political subdivision of the state upon any real or personal property acquired by it, or upon its activities in the operation or maintenance of any facility maintained or acquired by it, or upon any income received by it. The property, facilities, and income of the commission are exempt from levy and sale, garnishment, and attachment. The exemptions from taxation shall not include exemptions from sales and use taxes on property purchased by the commission or for use by the commission.
SECTION 13. Actions.
Any action brought against the commission shall be brought in the superior court of a member jurisdiction.
SECTION 14. Addition of new counties.
By resolution of its governing authority and with the approval of the commission, any county or counties may be added to the membership of the commission. Such additional county or counties shall each appoint three members to the commission, one of the three to be a business leader in metropolitan Atlanta.
SECTION 15. Termination of membership.
By resolution of its governing authority, any county or the City of Atlanta may terminate its membership at any time.

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SECTION 16. Authority of member organizations.
Nothing in this Act shall limit the existing authority of a member jurisdiction to provide services to homeless persons.
SECTION 17. Liberal construction.
Being for the welfare of the state and its inhabitants, this Act shall be liberally construed to effect the purposes of this Act.
SECTION 18. Repealer.
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.
*SB 610
The Senate State and Local Governmental Operations Committee offered the following substitute to SB 610:
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 adjusted 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Fulton County, but excluding any ad valorem taxes to pay interest on and to retire county bonded indebtedness. (2) "Base year" means:

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THURSDAY, MARCH 25, 2004

1987

(A) The 2003 taxable year with respect to an exemption under this Act which is first granted to a person on that persons homestead in the 2005 taxable year or who reapplies for and is granted such exemption in the 2006 taxable year solely because of a change in ownership to a joint tenancy with right of survival; or (B) In all other cases, the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead. Provided, however, that the tax commissioner shall adjust the base year assessed value annually by the lesser of 3 percent or the percentage change in the Consumer Price Index for all urban consumers, U. S. City Average, all items 1967-100, or successor report as reported by the United States Department of Labor Bureau of Labor Statistics. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (b) Each resident of Fulton County is granted an exemption on that persons homestead from Fulton County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the adjusted base year assessed value of the homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the base year assessed value shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) The unremarried surviving spouse of the person who has been granted the exemption provided for in subsection (b) of this section shall continue to receive the exemption provided under subsection (b) of this section, so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead. (d) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an application with the tax commissioner of Fulton County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The tax commissioner of Fulton County shall provide application forms for this purpose. (e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (d) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of the county in the event that person for any reason becomes ineligible for that exemption.

81

1988

JOURNAL OF THE SENATE

(f) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to county ad valorem taxes for county purposes. (g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2005.

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

"( ) YES ( ) NO

Shall the Act be approved which provides 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 adjusted base year assessed value of such homestead?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2005. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Fulton County. It shall be the election superintendents duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

82

THURSDAY, MARCH 25, 2004

1989

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

Harbison Y Harp Y Henson E 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
Seabaugh

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

On the passage of the local legislation, the yeas were 40, nays 0.

The legislation on the Local Consent Calendar except HB 1115, HB 1569, HB 1685, HB 1715, HB 1652 and SB 610, having received the requisite constitutional majority, was passed.

HB 1115, HB 1569, HB 1715, HB 1652 and SB 610 were passed by substitute.

HB 1685 was passed as amended.

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.

83

1990

JOURNAL OF THE SENATE

Senator Butler of the 55th asked unanimous consent that Senator Harbison of the 15th be excused. The consent was granted, and Senator Harbison was excused.

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 Jackson of the 50th asked unanimous consent that Senator Blitch of the 7th be excused. The consent was granted, and Senator Blitch was excused.

SENATE RULES CALENDAR THURSDAY, MARCH 25, 2004 THIRTY-SEVENTH LEGISLATIVE DAY

SR 822

Aging and Developmental Disabilities, Joint Study Committee; create (H&HS-36th)

SR 907

Lottery Technology Joint Study Committee; create (Amendment)(ED&T-48th)

SR 904

Environmental Director; urge to consider lifting moratorium on water new ground-water withdrawal permits (NR&E-3rd)

HB 1238

Sales tax exemption; overhead materials; certain government contractors (FIN-32nd) Royal-140th

HB 1239 Sales tax; certain refunds; restrictions (FIN-49th) Royal-140th

HB 1437

State and local tax revision; uniform sales and use tax administration (FIN-49th) Royal-140th

HB 1457 State purchasing; vendor requirements; contracts (FIN-49th) Royal-140th

HB 1461

Revenue, Department of; certain disclosure; taxpayer records (FIN-49th) Royal-140th

HB 1580 Foster Parents Bill of Rights; enact (C&Y-52nd) Cooper-30th

HB 1325

HOPE scholarships; eligibility; amend provisions (Substitute) (H ED-30th) McBee-74th

HB 869

Civil filings and criminal fines; additional charges; repeal certain charges (Substitute)(JUDY-37th) Coleman-118th

84

THURSDAY, MARCH 25, 2004

1991

HB 1181 HB 1028 HR 1460 HB 1011 HB 1167 HB 1259 HB 1428 HB 1138 HB 346 HB 984 HB 1093 HB 810 HB 1174

General appropriations; FY 2004-2005 (Substitute) (APPROP-4th) Burkhalter-36th
Georgia Hospital Insurance Authority; create (Substitute) (H&HS-52nd) Powell-23rd
Bob Fulton Memorial Highway; designate (TRANS-27th) Burkhalter-36th
HOPE scholarships; eligibility; schools with certain accreditation (H ED-30th) McBee-74th
Architecture; registration to practice; amend requirements (RI&Util-24th) Forster-3rd
Family violence and stalking offenses; persons convicted; publication of photo (Substitute)(JUDY-22nd) Burmeister-96th
Home study programs; qualifications of tutors (ED-56th) Westmoreland-86th
Smoking in motor vehicle with child in car seat; define offense (Substitute)(H&HS-54th) Smith-13th
Sales tax; educational purposes; local boards; performance audit (Substitute)(FIN-1st) Millar-52nd
Income tax credits; certain counties; telecommunications (Substitute)(FIN-1st) Purcell-122nd
Child molestation; first offender sentence; certain prohibition (JUDY-30th) Hill-81st
Superior court clerks; fees and records; extend sunset dates (S JUDY-22nd) Jenkins-93rd
Uniform Standards Code for Manufactured Homes Act; enact (RI&Util-25th) Sims-130th
Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee

85

1992

JOURNAL OF THE SENATE

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

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.

Senator Moody of the 27th offered the following amendment:

Amend SR 822 by striking the word "Joint" on line 1 of page 1 and inserting in its place the word "Senate".

By striking all matter on lines 5 through 12 of page 2 and inserting in lieu thereof the following: "NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate Study Committee on Aging and Developmental Disabilities to be composed of five members of the Senate to be appointed by the Senate Committee on Assignments. The Senate Committee on Assignments shall designate a member of the Senate who shall serve as chairperson of the committee. The committee shall meet at the call of the chairperson."

By striking the words "House of Representatives and" on line 23 of page 2.

On the adoption of the amendment, the yeas were 29, nays 0, and the Moody amendment was adopted.

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

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

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

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

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

86

THURSDAY, MARCH 25, 2004

1993

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

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

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

On the adoption of the resolution, the yeas were 46, nays 0.

SR 822, having received the requisite constitutional majority, was adopted as amended.

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 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.

The Senate Economic Development and Tourism Committee offered the following amendment:

Amend SR 907 by striking on lines 2 and 20 of page 1 the word "Joint" and inserting in lieu thereof the word "Senate".

By striking on line 22 of page 1 the word "two" and inserting in lieu thereof the word "four".

By striking lines 1, 2, and 3 on page 2 and inserting in lieu thereof the following: "such members as chairperson. The Governor shall appoint four members".

By striking on line 6 of page 2 the word "cochairpersons" and inserting in lieu thereof the word "chairperson".

On the adoption of the amendment, the yeas were 25, nays 4, 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.

87

1994

JOURNAL OF THE SENATE

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

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

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

Y Seay Y Shafer N 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 adoption of the resolution, the yeas were 35, nays 11.

SR 907, having received the requisite constitutional majority, was adopted as amended.

Senator Cheeks of the 23rd asked unanimous consent that Senator Williams of the 19th be excused. The consent was granted, and Senator Williams 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.

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.

88

THURSDAY, MARCH 25, 2004

1995

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
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

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

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

On the adoption of the resolution, the yeas were 44, nays 0.

SR 904, having received the requisite constitutional majority, was adopted.

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.

Senate Sponsor: Senator Tanksley of the 32nd.

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

89

1996

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

E Harbison Y Harp Y Henson E 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 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 E Williams Y Zamarripa

On the passage of the bill, the yeas were 47, nays 0.

HB 1238, having received the requisite constitutional majority, was passed.

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.
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:

90

THURSDAY, MARCH 25, 2004

1997

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

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

On the passage of the bill, the yeas were 45, nays 0.

HB 1239, having received the requisite constitutional majority, was passed.

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.

Senate Sponsor: Senator Cagle of the 49th.

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

91

1998

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

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

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 E Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 1.

HB 1437, having received the requisite constitutional majority, was passed.

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.

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:

92

THURSDAY, MARCH 25, 2004

1999

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

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

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

On the passage of the bill, the yeas were 41, nays 3.

HB 1457, having received the requisite constitutional majority, was passed.

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.

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.

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:

93

2000

JOURNAL OF THE SENATE

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

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

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

On the passage of the bill, the yeas were 42, nays 1.

HB 1461, having received the requisite constitutional majority, was passed.

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.

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:

94

THURSDAY, MARCH 25, 2004

2001

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
Fort E Gillis Y Golden Y Hall Y Hamrick

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

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

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

HB 1580, having received the requisite constitutional majority, was passed.

Senator Johnson of the 1st asked unanimous consent that the local bills passed on today's Local Consent Calendar be immediately transmitted to the House.

The consent was granted and the bills were immediately transmitted.

The Calendar was resumed.

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.

Senate Sponsor: Senator Hamrick of the 30th.

95

2002

JOURNAL OF THE SENATE

The Senate Higher Education Committee offered the following substitute to HB 1325:
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 revise certain definitions; 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 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

96

THURSDAY, MARCH 25, 2004

2003

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 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

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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:
(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 paragraphs (13), (21), and (22) of Code Section 20-3-519, 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." "(21) 'Quarter hours' includes each quarter hour attempted, whether remedial or for credit toward a degree, but shall not include any quarter hour attempted or completed before graduating from high school or earning a general educational development

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(GED) diploma. This term shall not be construed to exclude any major of study or courses offered by an eligible postsecondary institution for purposes of HOPE scholarships under this part. (22) 'Semester hours' includes each semester hour attempted, whether remedial or for credit toward a degree, but shall not include any semester hour attempted before graduating from high school or earning a general educational development (GED) diploma. This term shall not be construed to exclude any major of study or courses offered by an eligible postsecondary institution for purposes of HOPE scholarships under this part."
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 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

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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; (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

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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 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

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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 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

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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 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

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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 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

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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 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

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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, 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

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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 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

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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.

On the adoption of the substitute, the yeas were 31, 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:

N Adelman Y Balfour N Blitch
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

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

On the passage of the bill, the yeas were 28, nays 22.

HB 1325, having failed to receive the requisite constitutional majority, was lost.

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Senator Kemp of the 46th gave notice that at the proper time, he would move that the Senate reconsider its action on HB 1325.

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 1538.

By Representatives Lunsford of the 85th, Post 2, Yates of the 85th, Post 1, Watson of the 60th, Post 2, Maddox of the 59th, Post 2, Barnes of the 84th, Post 2 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 1814. By Representatives Rogers of the 15th, Hill of the 16th, Knox of the 14th, Post 1, Murphy of the 14th, Post 2, Franklin of the 17th and others:

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

HB 1815. By Representatives Rogers of the 15th, Hill of the 16th, Lewis of the 12th, Murphy of the 14th, Post 2, Knox of the 14th, Post 1 and others:

A BILL to amend an Act reincorporating and re-creating the City of Woodstock, so as to change the corporate limits of the city; and for other purposes.

HB 1816. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:

A BILL to provide for an advisory referendum election to be held in Brantley County for the purpose of submitting to the qualified voters of the county the question of the manner in which the county should cause the

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collection and disposal of the county's residential waste; and for other purposes.
HB 1817. By Representatives Elrod of the 25th and Massey of the 24th:
A BILL to reconstitute the law governing the Jackson County School System; to provide for the repeal of the amendment to the Constitution providing for matters regarding the selection and service of members of the board of education of Jackson County and the school superintendent; to provide for matters regarding the future selection and service of members of the board of education of Jackson County and the school superintendent; to provide for a referendum; and for other purposes.
HB 1818. By Representative Hudson of the 95th:
A BILL to provide a new charter for the Town of Mitchell; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; and for other purposes.
HB 1819. By Representative Crawford of the 91st:
A BILL to amend an Act creating the board of commissioners of Pike County, so as to clarify the duties, powers, and qualifications of the county manager; to provide for vacancies in the office of county manager; and for other purposes.
HB 1820. By Representatives Harbin of the 80th and Fleming of the 79th:
A BILL to provide that certain officials of Columbia County who have served at least 15 years in office may, upon leaving office, continue to participate in the county health insurance program by paying the total cost of such participation; and for other purposes.
HB 1821. By Representatives Keen of the 146th, Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and Williams of the 128th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from Glynn County 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

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deceased spouse; to allow such exemption to continue to be received by that unremarried surviving spouse; and for other purposes.

HB 1822. By Representatives Ralston of the 6th and Lewis of the 12th:
A BILL to amend an Act to reconstitute the Pickens County Board of Education, so as to provide for certain per diem payments for members of the board; and for other purposes.
HB 1823. By Representatives Martin of the 37th, Burkhalter of the 36th, Jones of the 38th and Campbell of the 39th:
A BILL to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, so as to change the provisions relating to the compensation of the mayor and councilmembers; to provide for a referendum; to provide a contingent effective date; and for other purposes.
HB 1824. By Representative Cummings of the 19th:
A BILL to provide for a homestead exemption from City of Rockmart ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city age 65 and older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; and for other purposes.
HB 1827. By Representatives Jones of the 38th, Murphy of the 14th, Post 2 and Knox of the 14th, Post 1:
A BILL to amend an Act creating the Board of Commissioners of Forsyth County, so as to change provisions relating to the compensation and expenses payable to the board of commissioners; to provide that such compensation and expenses may be established by the board under the procedures established by general law; and for other purposes.
HB 1828. By Representatives Morris of the 120th, Parrish of the 102nd, Barnard of the 121st, Post 1, Oliver of the 121st, Post 2 and DeLoach of the 127th:
A BILL to amend an Act to provide a new charter for the City of Metter, so as to change provisions relating to the powers and duties of the mayor; to provide for a council-manager form of government; to provide for a city

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manager; to provide for the duties of the city manager; and for other purposes.
HB 1829. By Representative Jenkins of the 8th:
A BILL to amend an Act reincorporating the City of Clayton, so as to change and extend the corporate limits of said city; and for other purposes.
HB 1830. By Representatives Harper of the 88th, Post 2 and Butler of the 88th, Post 1:
A BILL to amend an Act creating a charter for the City of Carrollton, so as to provide for the levy of a school tax by the mayor and council of the City of Carrollton for that city's independent school system and for limitations relating thereto; and for other purposes.
HB 1831. By Representatives Martin of the 37th, Jones of the 38th and Burkhalter of the 36th:
A BILL to create the Alpharetta Building Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership of the authority and the members' terms of office, qualifications, duties, powers, ethical obligations, and compensation; and for other purposes.
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 applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

Mr. President:

The House insists on its position in amending the Senate substitute, and has appointed a

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Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House:

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 Speaker has appointed on the part of the House, Representatives Ashe of the 42nd, Post 2, Royal of the 140th, and Stanley-Turner of the 43rd, Post 2.

The Calendar was resumed.

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.

Senate Sponsor: Senator Clay of the 37th.

The Senate Judiciary Committee offered the following substitute to HB 869:

A BILL TO BE ENTITLED AN ACT

To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, and Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to change the membership of the Georgia Superior Court Clerks Cooperative Authority; to

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provide that the Georgia Superior Court Clerks Cooperative Authority shall act as the collecting and remitting agent for the centralized collection and remittance of certain court costs and fees and certain additional penalties and bonds in criminal cases; to prescribe certain new additional court costs and fees and penalties and bond surcharges in criminal cases and provide for the disposition thereof; to provide for application fees for persons applying for indigent defense services and provide for the disposition thereof; to provide for intent with respect to availability of certain funds for appropriation for indigent defense purposes; to state legislative findings; to define terms; to provide for court clerks and other officials to remit funds to the authority and provide measures for accountability therefor; to authorize the authority to prescribe forms and procedures for reporting in connection with collections by the authority; to provide for remittances by the authority and certain reporting with respect thereto; to make numerous conforming amendments; to provide for other related matters; 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. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking paragraph (1) of subsection (b) of Code Section 15-6-94, relating to the Georgia Superior Court Clerks Cooperative Authority, and inserting in its place a new paragraph to read as follows:
"(b)(1) The authority shall consist of seven nine members as follows: (A) The two members who are not required to be superior clerks appointed by the executive board of The Council of Superior Court Clerks of Georgia to serve for a term of one year each and until their respective successors are appointed as provided by prior law shall continue to serve and their successors shall likewise be appointed by the executive board of The Council of Superior Court Clerks of Georgia; (B) The two members appointed by the executive board of The Council of Superior Court Clerks of Georgia, who are and shall currently be superior court clerks, to serve for a term of two years each and until their respective successors are appointed as provided by prior law shall continue to serve and their successors shall likewise be superior court clerks appointed by the executive board of The Council of Superior Court Clerks of Georgia; (C) The one member appointed by the Governor, who is and shall currently be a county commissioner, to serve for a term of three years and until such member's respective successor is appointed as provided by prior law shall continue to serve and his or her successors shall likewise be county commissioners appointed by the Governor; (D) The and two members appointed by the Governor to serve for a term of three years each and until their respective successors are appointed who are not required to be county commissioners appointed as provided by prior law shall serve out the terms for which they were appointed; and upon the expiration of such terms and

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thereafter a successor to one such member shall be a superior court clerk appointed by the Governor and a successor to the other such member shall be a superior court judge appointed by the Governor; (E) One member appointed by the Senate Committee on Assignments; and (F) One member appointed by the Speaker of the House. All members After the initial appointments, all members thereafter shall serve for terms of three years each and until their successors are appointed and qualified. All acts performed by the authority prior to April 1, 1994, shall have the same force and effect as if this paragraph had been in effect since the creation of the authority."
SECTION 2. Said Title 15 is further amended by adding a new Chapter 21A to read as follows:
"CHAPTER 21A
15-21A-1. (a) The General Assembly finds that over the years, at various times, there have been enacted into the law and Constitution of this state numerous provisions relating to court costs, fees, and criminal penalty and bond surcharges for various stated purposes and that additional costs, fees, and surcharges may be added in the future. Because of the seriatim nature of these enactments, little or no consideration has been given to the interaction of the enacting provisions. There exists a lack of fiscal data concerning such fees. State law has in some cases provided insufficient guidance for local officials with respect to the priority and manner of distribution of such costs, fees, and surcharges. There exists a need for a centralized agency to act as the collecting and remitting agent for such costs, fees, and surcharges in order to provide for uniform practices and fiscal accountability with respect to such collection and remittance. (b) It is the intent of this chapter to meet the needs identified in subsection (a) of this Code section and to provide for certain new fees and surcharges in order that funds may be made available for appropriation and may be appropriated for purposes of indigent defense.
15-21A-2. As used in this chapter, the term 'authority' means the Georgia Superior Court Clerks Cooperative Authority established pursuant to Code Section 15-6-94.
15-21A-3. The authority shall act as collecting and remitting agent with respect to the costs, fees, and surcharges specified in this Code section. The authority in performing this function shall receive and disburse such funds only in the capacity of a custodial trustee, and such funds shall not in the process of receipt and disbursement become funds of the authority or state funds. The costs, fees, and surcharges subject to this Code section are:
(1) The additional divorce case filing fee under Code Section 15-6-77.4 and the

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additional marriage license fee under Code Section 15-9-60.1; (2) The surcharge on fines and bonds imposed for the training of law enforcement and prosecutorial officers and for indigent defense purposes under Code Section 1521-73; (3) The additional penalties imposed in cases of driving under the influence for purposes of state crime victims compensation under Code Section 15-21-112; (4) The additional penalties imposed in cases of driving under the influence for purposes of the Brain and Spinal Injury Trust Fund under Code Section 15-21-149; and (5) Probation fees collected by the courts under Code Section 42-8-34.
15-21A-4. (a)(1) Each clerk of any court or any other officer or agent of any court receiving any funds subject to this chapter on or after July 1, 2004, shall remit all such funds to the authority by the end of the month following the month in which such funds are received. (2) The chief judge of superior court for each county shall have the authority to require compliance with paragraph (1) of this subsection by any court within the county. If any court is more than 60 days delinquent or is habitually delinquent in remitting any funds or reports required under this Code section or Code Section 1521A-6, the authority shall notify the chief judge of superior court of the county in which the court is located.
(b) The authority shall prescribe uniform procedures and forms for the reporting and remittance of all funds subject to Code Section 15-21A-3; and all clerks or other officers or agents remitting such funds shall use the prescribed procedures and forms in reporting and remitting funds to the authority. (c) The authority shall prescribe uniform rules, procedures, and forms relative to the partial or installment collection and remittance of funds subject to Code Section 1521A-3 and the manner of allocation of such partial or installment collections. Any funds held by any court or unit of local government on July 1, 2004, consisting of previously collected partial or installment payments shall be subject to the rules, procedures, and forms so prescribed and shall be remitted to the authority to the extent provided for in such rules and procedures.
15-21A-5. (a) The authority shall be entitled to retain from the funds received by the authority under Code Section 15-21A-3 and 15-21A-6 an amount equal to 1 percent of such funds, but in no event more than $500,000.00 per fiscal year, to reimburse the authority for its costs in administering this chapter. The net proceeds, after deduction of such administrative costs, from the funds received by the authority under Code Section 1521A-3 shall be remitted by the authority as follows:
(1) The net proceeds received pursuant to paragraph (1) of Code Section 15-21A-3 shall be remitted to the general fund of the state treasury;

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(2) The net proceeds received pursuant to paragraph (2) of Code Section 15-21A-3 shall be remitted to the general fund of the state treasury; (3) The net proceeds received pursuant to paragraph (3) of Code Section 15-21A-3 shall be remitted to the Georgia Crime Victims Compensation Board to be deposited into the Georgia Crime Victims Emergency Fund; (4) The net proceeds received pursuant to paragraph (4) of Code Section 15-21A-3 shall be remitted to the Brain and Spinal Injury Trust Fund Commission for deposit into the Brain and Spinal Injury Trust Fund; and (5) The net proceeds received pursuant to paragraph (5) of Code Section 15-21A-3 shall be remitted to the general fund of the state treasury. (b) The net proceeds received pursuant to Code Section 15-21A-6 shall be remitted to the general fund of the state treasury. (c) Any interest earned on funds subject to this chapter while in the custody of the authority shall be remitted to the general fund of the state treasury.
15-21A-6. (a) In addition to all other legal costs there shall be charged and collected an additional filing fee of $15.00 in each civil action or case filed in the superior, state, probate, recorders, mayors, municipal, and magistrate courts. Without limiting the generality of the foregoing, such fee shall apply to all adoptions, certiorari, applications by personal representatives for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of a civil nature. Any matter which is docketed upon the official dockets of the enumerated courts and to which a number is assigned shall be subject to such fee, whether such matter is contested or not. (b) Any person who applies for or receives legal defense services under Chapter 12 of Title 17 shall pay a single fee of $50.00 for the application for, receipt of, or application for and receipt of such services. The application fee may not be imposed if the payment of the fee is waived by the court. The court shall waive the fee if it finds that the applicant is unable to pay the fee or that hardship will result if the fee is charged. (c) Each clerk of court, each indigent defense program, or any other officer or agent of any court receiving any funds subject to this Code section shall collect the additional fees provided in this Code section and shall pay such moneys over to the authority by the last day of the month after the month of collection, to be deposited by the authority into the general fund of the state treasury; and, not later than 30 days after the end of the last day of each month, the clerk of each court or any other officer or agent of such court shall report to the authority on a reporting system prescribed by the authority any data of that court, in a format prescribed by the authority. (d) It is the intent of the General Assembly that all funds derived under this Code section shall be made available through the general appropriations process and may be appropriated for purposes of funding indigent defense.
15-21A-7. The authority shall, on a quarterly basis, make a detailed report and accounting of all

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funds collected and remitted pursuant to this chapter and shall submit such report and accounting to the Office of Planning and Budget, the Legislative Budget Office, and the General Assembly no later than 30 days after the last day of the preceding quarter.
15-21A-8. Any clerk of court or any other officer or agent receiving any funds subject to this Code who willfully refuses or fails to pay over any such funds to the authority as required by this Code section shall be guilty of a misdemeanor. The offense created by this Code section shall not merge with any other offense."
SECTION 3. Said Title 15 is further amended by striking subsection (a) of Code Section 15-6-77.4, relating to additional filing fees in divorce cases, and inserting in its place a new subsection to read as follows:
"(a) In addition to any fees required in Code Sections 15-6-77, 15-6-77.2, 15-6-77.3, and 47-14-51, for filing each divorce case, the clerk of superior court shall charge an additional fee of $5.00. Each clerk of the superior court shall collect the additional fees for divorce cases as provided in this Code section and shall pay such moneys over to the commissioner of revenue Georgia Superior Court Clerks Cooperative Authority by the last day of the month there following, to be deposited by him the authority into the general treasury. The commissioner of revenue authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this Code section and shall submit such report and accounting to the Office of Planning and Budget and the Legislative Budget Office no later than 30 days after the last day of the preceding quarter."
SECTION 4. Said Title 15 is further amended by striking Code Section 15-9-60.1, relating to additional marriage license fees, and inserting in its place a new Code section to read as follows:
"15-9-60.1. (a) In addition to any fees required in Code Section 15-9-60 for receiving marriage applications, issuing marriage licenses, and recording relative thereto, the judge of the probate court shall charge an additional fee of $15.00 for issuing a marriage license. No amount of this additional fee shall be paid into the Judges of the Probate Courts Retirement Fund of Georgia provided for in Chapter 11 of Title 47 nor or be used for the purpose of calculating retirement benefits for judges of the probate courts. Each judge of the probate court shall collect the additional fees for issuing marriage licenses as provided in this Code section and shall pay such moneys over to the commissioner of revenue Georgia Superior Court Clerks Cooperative Authority by the last day of the month there following, to be deposited by him the authority into the general treasury. The commissioner of revenue authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this Code section and shall submit such

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report and accounting to the Office of Planning and Budget and the Legislative Budget Office no later than 30 days after the last day of the preceding quarter. (b) When any such person whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount."
SECTION 5. Said Title 15 is further amended by striking Article 4 of Chapter 21, the "Peace Officer and Prosecutor Training Fund Act of 1983," and inserting in its place a new article to read as follows:
"ARTICLE 4
15-21-70. This article shall be known as and may be cited as the 'Peace Officer, and Prosecutor, and Indigent Defense Funding Training Fund Act of 1983.'
15-21-71. This article is enacted in part pursuant to the authority of Article III, Section IX, Paragraph VI, subparagraph (d) of the Constitution of Georgia, which provision authorizes additional penalty assessments in criminal and traffic cases and provides that the proceeds derived therefrom may be used for the purpose of providing training to law enforcement officers and prosecuting officials.
15-21-72. It is the intent of this article to provide funding for the training of law enforcement and prosecutorial officers and to make funds available for funding state indigent defense programs.
15-21-73. (a)(1) In every case in which any state court, probate court, recorders, mayors, municipal court, magistrate court, or superior court in this state shall impose a fine, which shall be construed to include costs, for any offense against a criminal or traffic law of this state or political subdivision thereof, there shall be imposed as an additional penalty a sum equal to the: (A) The lesser of $50.00 or 10 percent of the original fine; plus (B) An additional 10 percent of the original fine. (2) At the time of posting bail or bond in any case involving a violation of a criminal or traffic law of this state or political subdivision thereof, an additional sum equal to the:

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(A) The lesser of $50.00 or 10 percent of the original amount of bail or bond; plus (B) An additional 10 percent of the original amount of bail or bond shall be posted. In every case in which any state court, probate court, municipal court, magistrate court, or superior court shall order the forfeiture of bail or bond, the additional sum equal to the lesser of $50.00 or 10 percent of the original bail or bond amounts provided for in this paragraph shall be paid over as provided in Code Section (b) Such sums shall be in addition to that amount required by Code Section 47-17-60 to be paid into the Peace Officers Annuity and Benefit Fund or Code Section 47-11-51 concerning the Judges of the Probate Courts Retirement Fund of Georgia and any other amounts provided for by law.
15-21-74. The sums provided for in Code Section 15-21-73 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the commissioner of revenue Georgia Superior Court Clerks Cooperative Authority by the last day of the month there following, to be deposited by him the authority into the general treasury. The commissioner of revenue authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget and the Legislative Budget Office no later than 30 days after the last day of the preceding quarter.
15-21-75. When any such person, agency, or unit of government whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount. Reserved.
15-21-76. Any person whose duty it is to collect and remit the sum provided for in this article who fails or refuses to so remit shall be guilty of a misdemeanor. Reserved.
15-21-77. (a) An amount equal to all funds remitted as provided in Code Section 15-21-74 the net proceeds derived under subparagraphs (a)(1)(A) and (a)(2)(A) of Code Section 15-2173 in the immediately preceding year shall be appropriated to fund law enforcement or prosecutorial officers training, or both, and activities incident thereto, including, but not limited to, payment or repayment to the state treasury for capital outlay, general obligation bond debt service, administrative expenses, and any other expense or fund application which the General Assembly may deem appropriate. This Code section subsection shall not preclude the appropriation of a greater amount for this purpose.

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(b) It is the intent of the General Assembly that all funds derived under subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section 15-21-73 shall be made available through the general appropriations process and may be appropriated for purposes of funding indigent defense, except as provided in subsection (c) of this Code section. (c) Where the Georgia Public Defender Standards Council has approved an alternative delivery system as set forth in Code Section 17-12-36, 34 percent of the funds derived under subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section 15-21-73 shall be made available through the general appropriations process and may be appropriated for purposes of funding indigent defense and 66 percent of the funds derived under subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section 15-21-73 shall be remitted to the county providing the alternative delivery system."
SECTION 6. Said Title 15 is further amended by striking Code Sections 15-21-113 and 15-21-114, relating to collection and remittance of additional penalties in driving under the influence cases for the Georgia Crime Victims Emergency Fund, and inserting in their place the following:
"15-21-113. The sums provided for in Code Section 15-21-112 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and shall be paid over by the last day of the following month to the Georgia Superior Court Clerks Cooperative Authority for remittance to the Georgia Crime Victims Compensation Board by the last day of the month there following, to be deposited into the Georgia Crime Victims Emergency Fund. The Georgia Crime Victims Compensation Board authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget and the Legislative Budget Office no later than 30 days after the last day of the preceding quarter.
15-21-114. When any such person, agency, or unit of government whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount. Reserved."
SECTION 7. Said Title 15 is further amended by striking Code Sections 15-21-150 and 15-21-151, relating to collection and remittance of additional penalties in driving under the influence cases for the Brain and Spinal Injury Trust Fund, and inserting in their place the following:

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"15-21-150. The sums provided for in Code Section 15-21-149 shall be assessed and collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and shall be paid over by the last day of the following month to the Georgia Superior Court Clerks Cooperative Authority for remittance to the Brain and Spinal Injury Trust Fund Commission created in Code Section 15-21-143 by the last day of the month there following, to be deposited into the Brain and Spinal Injury Trust Fund.
15-21-151. Moneys collected as provided for in this article shall be paid over as provided for in this article by the last day of the month following the month in which they are collected. When any person, agency, or unit of government whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 10 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount. Reserved."
SECTION 8. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking subsection (d) of Code Section 42-8-34, relating to determination and disposition of probation, and inserting in its place a new subsection to read as follows:
"(d)(1) In every case that a court of this state or any other state sentences a defendant to probation or any pretrial release or diversion program under the supervision of the department, in addition to any fine or order of restitution imposed by the court, there shall be imposed a probation fee as a condition of probation, release, or diversion in the amount equivalent to $23.00 per each month under supervision, and in addition, a one-time fee of $50.00 where such defendant was convicted of any felony. The probation fee may be waived or amended after administrative process by the department and approval of the court, or upon determination by the court, as to the undue hardship, inability to pay, or any other extenuating factors which prohibit collection of the fee; provided, however, that the imposition of sanctions for failure to pay fees shall be within the discretion of the court through judicial process or hearings. Probation fees shall be waived on probationers incarcerated or detained in a departmental or other confinement facility which prohibits employment for wages. All probation fees collected by the department shall be paid into the general fund of the state treasury, except as provided in subsection (f) of Code Section 17-15-13, relating to sums to be paid into the Georgia Crime Victims Emergency Fund. Any probation fees collected by the court shall be remitted not later than the last day of the month after such fee is collected to the Superior Court Clerks Cooperative Authority for deposit into the general fund of the state treasury. (2) In addition to any other provision of law, any person convicted of a violation of

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Code Section 40-6-391 or subsection (b) of Code Section 16-13-2 who is sentenced to probation or a suspended sentence by a municipal, magistrate, probate, state, or superior court shall also be required by the court to pay a one-time fee of $25.00. The clerk of court, or if there is no clerk the person designated to collect fines, fees, and forfeitures for such court, shall collect such fee and remit the same to the general fund of the state treasury not later than the tenth last day of the month after such fee is collected and shall be subject to rule and attachment in the same manner as clerks of superior court for failure to so collect and remit to the Georgia Superior Court Clerks Cooperative Authority for deposit into the general fund of the state treasury."
SECTION 9. This Act shall become effective on July 1, 2004. This Act shall apply with respect to funds collected by court clerks and other officers and agents collecting funds subject to this Act on or after that date, except that partial and installment payments held by clerks and other officers and agents on July 1, 2004, shall on and after that date be subject to this Act.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
Senators Balfour of the 9th, Unterman of the 45th and Shafer of the 48th offered the following amendment # 1:
Amend the Senate Judiciary Committee substitute to HB 869 by inserting at the end of line 15 of page 1 the following:
"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".
By inserting immediately following line 27 of page 11 the following: "Code Section 17-12-36, relating to establishment of alternate indigent defense delivery systems, as enacted by Ga. L. 2003, p. 191, is amended by striking paragraph (1) of subsection (a), and inserting in its place a new paragraph (1) to read as follows: '(1) The delivery system: (A) Has has a full-time director and staff and had been fully operational for at least two years on July 1, 2003; or (B) Is administered by the county administrative office of the courts and had been fully operational for at least two years on July 1, 2003;'.
SECTION 10."
By striking line 28 of page 11 and inserting in lieu thereof the following:

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"Section 9 of this Act shall become effective on January 1, 2005. The remaining sections of this Act shall become effective on July 1, 2004. Sections 1 through 8 of this Act shall apply with respect to funds".
By renumbering Section 10 on line 32 of page 11 as Section 11.
On the adoption of the amendment, the yeas were 36, nays 0, and the Balfour, et al. amendment # 1 was adopted.
Senator Clay of the 37th offered the following amendment # 2:
Amend the Senate Judiciary Committee substitute to HB 869 by striking line 29 of page 5 and inserting in lieu thereof the following:
"to the Office of Planning and Budget, the Legislative Budget Office, the Senate Budget Office, and the General".
By striking line 13 of page 6 and inserting in lieu thereof the following: "accounting to the Office of Planning and Budget, and the Legislative Budget Office, and the Senate Budget Office no later".
By striking line 31 of page 6 and inserting in lieu thereof the following: "Planning and Budget, and the Legislative Budget Office, and the Senate Budget Office no later than 30 days after the last".
By striking lines 17 and 18 of page 8 and inserting in lieu thereof the following: "article and shall submit such report and accounting to the Office of Planning and Budget, and the Legislative Budget Office, and the Senate Budget Office no later than 30 days after the last day of the preceding".
By striking line 31 of page 9 and inserting in lieu thereof the following: "Budget, and the Legislative Budget Office, and the Senate Budget Office no later than 30 days after the last day of the".
On the adoption of the amendment, the yeas were 34, nays 0, and the Clay amendment # 2 was adopted.
Senator Clay of the 37th offered the following amendment # 3:
Amend the Senate Judiciary Committee substitute to HB 869 by striking lines 19 through 30 of page 5 and inserting in lieu thereof the following:
"general fund of the state treasury.

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(d) It is the intent of the General Assembly that all funds derived under this Code section shall be made available through the general appropriations process and may be appropriated for purposes of funding indigent defense.
15-21A-7. (a) The authority shall develop a reporting and accounting system that employs controls necessary to determine the accuracy of the fine and fee collections and disbursement by each clerk of court or other officer or agent of any court receiving any funds subject to this chapter. No later than 30 days after the end of the last day of each month, each such clerk or agent shall report to the authority on a reporting system prescribed by the authority. Any entity doing business with such clerk or agents and all agencies of the state shall cooperate in providing on a timely basis any information or data requested by the authority pursuant to this chapter in a format prescribed by the authority by regulation. (b) The authority shall, on a quarterly basis, make a detailed report and accounting of all funds collected and remitted pursuant to this chapter and shall submit such report and accounting to the Office of Planning and Budget, the Legislative Budget Office, and the General Assembly no later than 30 days after the last day of the preceding quarter in order to facilitate review and evaluation of such reports to identify, among other things, opportunities to reduce or consolidate fees as appropriate."
On the adoption of the amendment, the yeas were 40, nays 0, and the Clay amendment # 3 was adopted.
Senator Clay of the 37th offered the following amendment # 4:
Amend the Committee Substitute to HB 869 by adding the following:
on line 34 of page 11: Section 11 : By amending OCGA 50-18-20 by striking the words "and a volume of" on line 4 of subparagraph (3)
By striking the word "volume" on line 5 of subparagraph (3)
By striking the last sentence of subparagraph (3)
On the adoption of the amendment, the yeas were 39, nays 0, and the Clay amendment # 4 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.

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

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

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

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

On the passage of the bill, the yeas were 46, nays 0.

HB 869, having received the requisite constitutional majority, was passed by substitute.

Senator Clay of the 37th asked unanimous consent that HB 869 be immediately transmitted to the House.

The consent was granted and HB 869 was immediately transmitted.

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.

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Senator Reed of the 35th asked unanimous consent that the Senate adhere to its disagreement to the House amendment to the Senate substitute to HB 709 and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Reed of the 35th, Cagle of the 49th and Johnson of the 1st.
The following House legislation was read the first time and referred to committee:
HB 1538. By Representatives Lunsford of the 85th, Post 2, Yates of the 85th, Post 1, Watson of the 60th, Post 2, Maddox of the 59th, Post 2, Barnes of the 84th, Post 2 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 1814. By Representatives Rogers of the 15th, Hill of the 16th, Knox of the 14th, Post 1, Murphy of the 14th, Post 2, Franklin of the 17th and others:
A BILL to authorize Cherokee County 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 1815. By Representatives Rogers of the 15th, Hill of the 16th, Lewis of the 12th, Murphy of the 14th, Post 2, Knox of the 14th, Post 1 and others:
A BILL to amend an Act reincorporating and re-creating the City of Woodstock, so as to change the corporate limits of the city; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1816. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to provide for an advisory referendum election to be held in Brantley

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County for the purpose of submitting to the qualified voters of the county the question of the manner in which the county should cause the collection and disposal of the county's residential waste; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1817. By Representatives Elrod of the 25th and Massey of the 24th:
A BILL to reconstitute the law governing the Jackson County School System; to provide for the repeal of the amendment to the Constitution providing for matters regarding the selection and service of members of the board of education of Jackson County and the school superintendent; to provide for matters regarding the future selection and service of members of the board of education of Jackson County and the school superintendent; to provide for a referendum; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1818. By Representative Hudson of the 95th:
A BILL to provide a new charter for the Town of Mitchell; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 1819. By Representative Crawford of the 91st:
A BILL to amend an Act creating the board of commissioners of Pike County, so as to clarify the duties, powers, and qualifications of the county manager; to provide for vacancies in the office of county manager; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1820. By Representatives Harbin of the 80th and Fleming of the 79th:
A BILL to provide that certain officials of Columbia County who have served

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2035

at least 15 years in office may, upon leaving office, continue to participate in the county health insurance program by paying the total cost of such participation; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 1821. By Representatives Keen of the 146th, Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and Williams of the 128th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from Glynn County 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; to allow such exemption to continue to be received by that unremarried surviving spouse; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 1822. By Representatives Ralston of the 6th and Lewis of the 12th:
A BILL to amend an Act to reconstitute the Pickens County Board of Education, so as to provide for certain per diem payments for members of the board; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 1823. By Representatives Martin of the 37th, Burkhalter of the 36th, Jones of the 38th and Campbell of the 39th:
A BILL to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, so as to change the provisions relating to the compensation of the mayor and councilmembers; to provide for a referendum; to provide a contingent effective date; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

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HB 1824. By Representative Cummings of the 19th:
A BILL to provide for a homestead exemption from City of Rockmart ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city age 65 and older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1827. By Representatives Jones of the 38th, Murphy of the 14th, Post 2 and Knox of the 14th, Post 1:
A BILL to amend an Act creating the Board of Commissioners of Forsyth County, so as to change provisions relating to the compensation and expenses payable to the board of commissioners; to provide that such compensation and expenses may be established by the board under the procedures established by general law; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1828. By Representatives Morris of the 120th, Parrish of the 102nd, Barnard of the 121st, Post 1, Oliver of the 121st, Post 2 and DeLoach of the 127th:
A BILL to amend an Act to provide a new charter for the City of Metter, so as to change provisions relating to the powers and duties of the mayor; to provide for a council-manager form of government; to provide for a city manager; to provide for the duties of the city manager; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1829. By Representative Jenkins of the 8th:
A BILL to amend an Act reincorporating the City of Clayton, 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 1830. By Representatives Harper of the 88th, Post 2 and Butler of the 88th, Post 1:
A BILL to amend an Act creating a charter for the City of Carrollton, so as to provide for the levy of a school tax by the mayor and council of the City of

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2037

Carrollton for that city's independent school system and for limitations relating thereto; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 1831. By Representatives Martin of the 37th, Jones of the 38th and Burkhalter of the 36th:
A BILL to create the Alpharetta Building Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership of the authority and the members' terms of office, qualifications, duties, powers, ethical obligations, and compensation; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
Senator Johnson of the 1st, President Pro Tempore, assumed the Chair.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following Bills of the House:
HB 1825. By Representatives Keen of the 146th, Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A BILL to amend an Act providing for a base year assessed value homestead exemption from Glynn 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; to allow such exemption to continue to be received by that unremarried surviving spouse; and for other purposes.
HB 1826. By Representatives Keen of the 146th, Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to repeal that constitutional amendment duly ratified at the 1956 general election that was proposed by Res. Act No. 27; H.R. No. 59-163h; which continued said constitutional amendment in force and effect as part of the Constitution of the State of Georgia; and for other purposes.

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The President resumed the Chair.

The Calendar was resumed.

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.

Senate Sponsor: Senator Hill of the 4th.

The Senate Appropriations Committee offered the following substitute to HB 1181:

A BILL TO BE ENTITLED AN ACT

To make and provide appropriations for the State Fiscal Year beginning July 1, 2004, and ending June 30, 2005; to make and provide such appropriations for the operation of the State government, it's departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political sub-divisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2004, and ending June 30, 2005, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State:

Total Funds Federal Funds Non-State Funds State Funds Lottery Funds State Motor Fuel Tobacco Funds Other State Funds State General Funds

$ 29,037,463,024 $ 7,664,493,918 $ 4,972,921,466 $ 16,400,047,640 $ 771,553,228 $ 729,000,000 $ 156,370,000 $ 177,829,675 $ 14,565,294,737

Other State Funds

Fund Amount

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Brain and Spinal Injury Trust Fund Surplus: Carried Forward Surplus: Current Year Indigent Care Trust Fund - Nursing Home Fees HB 869: Court Fees -2004 Session
PART I. LEGISLATIVE BRANCH
Section 1 General Assembly
Objects of Expenditure Regular Operating Expenses Equipment Computer Charges Real Estate Rentals 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 Travel - Elected Officials Contracts-Staff Contracts-Elected Officials
Senate 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 Travel - Elected Officials

2039
$ 3,000,000 $ 7,000,000 $ 232,250 $ 109,857,425 $ 57,740,000
Total Funds $ 2,534,726 $ 614,000 $ 8,950 $ 7,000 $ 557,600 $ 18,267,809 $ 5,453,015 $ 73,000 $ 110,599 $ 3,020,527 $ 95,000 $ 1,652,000 $ 1,500 $ 79,000 $ 712,686
Total Funds $ 274,572 $ 72,500 $ 1,200 $ 197,000 $ 5,525,533 $ 1,376,795 $ 22,000 $ (49,286) $ 759,200 $ 35,000 $ 392,000 $ 1,500

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Contracts-Staff

$ 1,500

Programs Lt. Governor's Office Secretary of the Senate's Office Senate and Research Office Senate Budget Office

State Funds $ 824,489 $ 1,178,376 $ 6,027,821 $ 578,828

Total Funds $ 824,489 $ 1,178,376 $ 6,027,821 $ 578,828

Fund Allocations Total Funds State Funds State General Funds

Fund Amount $ 8,609,514 $ 8,609,514 $ 8,609,514

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

Total Funds $ 439,638 $ 74,000 $ 2,250 $ 282,000 $ 6,651,466 $ 4,076,220 $ 20,000 $ 16,385 $ 2,121,327 $ 60,000 $ 1,260,000 $ 1,500

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

State Funds $ 1,573,212 $ 13,225,638 $ 205,936

Total Funds $ 1,573,212 $ 13,225,638 $ 205,936

Fund Allocations Total Funds State Funds State General Funds

Fund Amount $ 15,004,786 $ 15,004,786 $ 15,004,786

Joint Offices Functional Budgets

Objects of Expenditure Regular Operating Expenses Equipment

Total Funds $ 1,820,516 $ 467,500

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2041

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

$ 5,500 $ 7,000 $ 78,600 $ 6,090,810 $ 31,000 $ 143,500 $ 140,000 $ 76,000 $ 712,686

Programs Ancillary Activities Budgetary Responsibility Oversight Committee Legislative Budget Office Legislative Fiscal Office Office of Legislative Counsel

State Funds $ 3,206,487 $ 455,040 $ 958,479 $ 2,103,160 $ 2,849,946

Total Funds $ 3,206,487 $ 455,040 $ 958,479 $ 2,103,160 $ 2,849,946

Fund Allocations Total Funds State Funds State General Funds

Fund Amount $ 9,573,112 $ 9,573,112 $ 9,573,112

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

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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.

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 $ 24,912,820 $ 811,726 $ 475,000 $ 19,000 $ 1,559,900 $ 1,050,700 $ 344,112 $ 167,200

Programs Department of Audits

State Funds Total Funds $ 29,340,458 $ 29,340,458

Fund Allocations Total Funds State Funds State General Funds

Fund Amount $ 29,340,458 $ 29,340,458 $ 29,340,458

PART II JUDICAL BRANCH

Section 3 Judicial Branch

Objects of Expenditure Personal Services Regular Operating Expenses Other Operating Prosecuting Attorney's Council Judicial Administrative Districts Payment to Council of Superior Court Clerks Payment To Resource Center Public Defender Standards Council

Total Funds $ 17,061,728 $ 5,723,076 $ 111,776,452 $ 4,980,322 $ 1,918,814 $ 144,925 $ 800,000 $ 37,111,575

Programs Council of Juvenile Court Judges Court of Appeals

State Funds $ 1,413,199 $ 12,101,872

Total Funds $ 1,413,199 $ 12,191,872

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Georgia Office of Dispute Resolution Indigent Defense Council Institute of Continuing Judicial Education Judical Council Judicial Qualifications Commission Superior Court - District Attorneys Superior Court - Judges Supreme Court of Georgia

$ 354,035 $0 $ 1,078,182 $ 51,580,624 $ 254,121 $ 47,205,547 $ 52,694,617 $ 7,647,283

$ 354,035 $0 $ 1,078,182 $ 53,665,624 $ 254,121 $ 48,897,593 $ 52,694,617 $ 8,967,649

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds State General Funds

Fund Amount $ 179,516,892 $ 3,097,412 $ 3,410,366 $ 174,329,480 $ 174,329,480

For the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 4 Department of Administrative Services A: Budget Unit Department of Administrative Services

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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 State Self Insurance Fund Payments to Georgia Technology Authority Removal of Hazardous Waste Office of State Treasury Office of State Administrative Hearings State Properties Commission
Programs Administrative Hearings Bulk Paper Sales Departmental Administration/Overhead Fiscal Services Fleet Management Mail and Courier Risk Management Service Contract Management Small and Minority Business Development Space Management State Properties Commission State Purchasing Surplus Property Treasury and Fiscal Services U.S. Post Office
Fund Allocations Total Funds

State Funds $ 3,869,949 $ 696,334 $0 $ 16,906,263 $ 600,505 $ 214,267 $0 $0 $ 1,267,433 $ 590,239 $ 581,838 $ 4,249,681 $ 182,063 $ 343,949 $ 189,674

Total Funds $ 13,206,139 $ 1,949,885 $ 202,017 $ 20,418 $ 90,332 $ 2,567,276 $ 756,743 $ 291,798 $ 534,763 $ 74,335 $ 1,050,156 $ 3,245,600 $ 30,473 $ 25,000 $ 25,000 $ 132,900,000 $ 15,448,101 $ 87,994 $ 2,748,728 $ 4,523,483 $ 628,165
Total Funds $ 4,471,257 $ 2,859,748 $0 $ 17,201,101 $ 2,591,288 $ 1,525,541 $ 138,371,288 $ 154,847 $ 1,267,433 $ 590,239 $ 581,838 $ 4,623,481 $ 3,106,943 $ 2,720,728 $ 340,674
Fund Amount $ 180,406,406

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THURSDAY, MARCH 25, 2004

Non-State Funds State Funds State General 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

Programs Cafeteria Services Day Care Facilities Stately Events Catering Services Van Pool

State Funds $0 $0 $0 $0 $0

Fund Allocations Total Funds Non-State Funds State Funds State General Funds

C: Budget Unit -- Georgia Technology Authority

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment

2045
$ 150,714,211 $ 29,692,195 $ 29,692,195
Total Funds $ 12,129,989 $ 6,295,740 $ 14,800 $ 100,000 $ 200,000 $ 307,000 $ 15,071 $ 237,700 $ 657,089 $ 3,667,413 $ 3,173,776 $ 7,839,685 $ 510,229 $ 1,670,244 $ 5,440,435
Total Funds $ 2,065,013 $0 $ 38,165,228 $ 2,028,930 $0
Fund Amount $ 42,259,171 $ 42,259,171 $0 $0
Total Funds $ 53,078,654 $ 5,370,000 $ 490,140 $ 208,696

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Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Telephone Billings Radio Billings Materials For Resale

$ 37,508,558 $ 4,173,901 $ 6,000 $ 11,200,226 $ 300,000 $ 82,323,000 $ 501,019 $ 3,481,106

Programs Acquisition Management -External Administrative Application Development and Support Contact Center Financial Systems - Applications Information Security Operations Information Technology Policy, Standards
and Architecture Multi-Media Production Project Management State Data Center Telecommunication Services

State Funds $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0

Total Funds $ 927,230 $ 20,443,031 $ 11,423,094 $ 925,179 $ 7,798,048 $ 1,413,713
$ 3,422,352 $ 251,329 $ 2,169,971 $ 45,905,867 $ 103,961,486

Fund Allocations Total Funds Non-State Funds State Funds State General Funds

Fund Amount $ 198,641,300 $ 198,641,298 $0 $0

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 O.C.G.A. 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

Total Funds $ 31,976,448 $ 4,023,431 $ 1,053,928

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THURSDAY, MARCH 25, 2004

Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Market Bulletin Postage Payments to Athens and Tifton Veterinary Laborator Poultry Veterinary Diagnostic Labs Veterinary Fees Indemnities Advertising Contract Repairs and Maintenance at Major and Minor Markets

Programs Consumer Protection Departmental Administration/Overhead Marketing and Promotion Seed Technology and Development Commission, Georgia

State Funds $ 29,599,947 $0 $ 9,749,079
$0

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds State General 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

Programs Chartering, Licensing and Applications/
Non-Mortgage Entities

State Funds $ 438,631

2047
$ 295,754 $ 664,341 $ 1,188,343 $ 382,209 $ 33,500 $ 1,341,998 $ 566,619 $ 3,189,678 $ 2,889,986 $ 142,000 $ 10,000 $ 425,000 $ 653,000
Total Funds $ 37,321,647 $0 $ 10,711,798
$ 802,790
Fund Amount $ 48,836,235 $ 7,027,377 $ 2,459,832 $ 39,349,026 $ 39,349,026
Total Funds $ 8,656,082 $ 269,039 $ 308,557 $ 2,347 $ 171,052 $ 565,435 $ 117,006 $ 11,925
Total Funds
$ 438,631

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Consumer Protection and Assistance Departmental Administration/Overhead Financial Institution Supervision Mortgage Supervision

$ 553,540 $0 $ 6,992,771 $ 2,116,501

Fund Allocations Total Funds State Funds State General Funds

Section 7 Department of Community Affairs

Objects of Expenditure Personal Services Regular Operating Expenses Travel 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 Georgia Regional Transportation Authority GHFA-Georgia Cities Foundation Georgia Leadership Infrastructure Investment Fund One Georgia Fund

Programs Building Construction Coordinated Planning Data and Research DCA Pass-Thru

State Funds $ 374,431 $ 3,084,909 $ 656,833 $ 502,902

$ 553,540 $0 $ 6,992,771 $ 2,116,501
Fund Amount $ 10,101,443 $ 10,101,443 $ 10,101,443
Total Funds $ 22,955,040 $ 1,923,412 $ 624,939 $ 166,022 $ 573,436 $ 1,527,264 $ 527,611 $ 966,363 $ 514,025 $ 1,779,593 $ 90,000 $ 163,000 $ 200,000 $ 3,122,606 $ 733,580 $ 2,778,750 $ 2,880,000 $ 1,250,000 $ 35,000,000 $ 50,000,000 $ 4,610,169 $ 694,687 $ 495,000 $ 47,123,333
Total Funds $ 560,820 $ 3,195,270 $ 656,833 $ 502,902

142

THURSDAY, MARCH 25, 2004

Departmental Administration/Overhead Environmental Education and Assistance Environmental Facilities Authority, Georgia Federal Community and Economic
Development Programs Georgia Music Hall of Fame Homeownership programs OneGeorgia Authority Regional Services Regional Transportation Authority, Georgia Rental Housing Programs Special Housing Initiatives Sports Hall of Fame Authority, Georgia State Community Development Programs State Economic Development Program

$0 $ 576,922 $ 200,000
$ 1,019,353 $ 749,196 $ 259,563 $ 47,123,333 $ 2,118,583 $ 4,438,494 $ 3,944,601 $ 2,870,715 $ 733,580 $ 1,478,614 $ 4,027,554

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds Tobacco Funds State General Funds

Section 8 Department of Community Health A: Budget Unit Medicaid Services

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment 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 Payments to Nursing Homes

2049
$0 $ 576,922 $ 200,000
$ 38,215,260 $ 1,224,010 $ 4,616,179 $ 47,123,333 $ 2,843,502 $ 4,610,169 $ 64,229,258 $ 5,692,956 $ 733,580 $ 1,616,565 $ 4,101,271
Fund Amount $ 180,698,830 $ 93,325,497 $ 13,213,750 $ 74,159,583 $ 47,123,333 $ 27,036,250
Total Funds $ 33,011,991 $ 8,596,198 $ 288,188 $ 75,136 $ 92,573,594 $ 1,793,945 $ 898,341 $ 1,350,873 $ 400,776,680 $ 183,244 $ 1,009,000,000 $ 50,511 $ 300,757 $ 3,428,706 $ 272,609,641

143

2050

JOURNAL OF THE SENATE

Grant In Aid to Counties Medicaid Benefits, Penalties and Disallowances Audit Contracts Benefits Medical Scholarships Capitation Contracts for Family Practice Residency Residency Capitation Grants Mercer School of Medicine Grants Morehouse School of Medicine Grant SREB Payments Pediatric Residency Capitation Preventive Medicine Capitation

$ 500,300 $ 5,566,742,973 $ 1,097,500 $ 360,067,504 $ 728,000 $ 3,646,792 $ 1,941,782 $ 17,819,433 $ 10,080,536 $ 401,225 $ 418,046 $ 105,780

Programs Departmental Administration/Overhead Health Care Access and Improvement Health Care Regulation and Licensing Medicaid Medical Education Board, State Physician Workforce, Georgia Board of State Health Benefit Plan Workforce Policy Advisory Committee

State Funds $0 $ 3,198,740 $ 3,620,618 $ 1,963,415,296 $ 1,309,184 $ 38,375,853 $ 34,077,526 $0

Total Funds $0 $ 372,232,315 $ 3,980,547 $ 6,045,361,327 $ 1,309,184 $ 38,375,853 $ 1,327,228,450 $0

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds Tobacco Funds State General Funds

Fund Amount $ 7,788,487,676 $ 3,875,560,017 $ 1,868,930,442 $ 2,043,997,217 $ 53,116,681 $ 1,990,880,536

B: 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 $ 382,034 $ 165,254 $ 45,000 $ 1,155 $ 130,599 $ 11,675 $ 10,304,101 $ 284,501,724

144

THURSDAY, MARCH 25, 2004

2051

Programs PeachCare

State Funds $ 83,846,789

Total Funds $ 295,541,542

Fund Allocations Total Funds Federal Funds State Funds Tobacco Funds State General Funds

Fund Amount $ 295,541,542 $ 211,694,753 $ 83,846,789 $ 4,970,705 $ 78,876,084

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 2005 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 2005 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 Payments to Central State Hospital for Meals Payments to Central State Hospital for Utilities Payments to Public Safety for Meals Inmate Release Fund

Total Funds $ 540,847,790 $ 58,365,389 $ 1,837,636 $ 463,345 $ 2,559,774 $ 5,211,254 $ 7,690,886 $ 7,070,475 $ 42,637 $ 75,600,955 $ 26,660,817 $ 131,921,967 $ 1,300,000 $ 37,726,400 $ 6,450,000 $ 4,268,025 $ 1,627,150 $ 577,160 $ 1,450,000

145

2052

JOURNAL OF THE SENATE

UGA College of Veterinary Medicine Contracts

Programs Bainbridge PSATC Departmental Administration/Overhead Food and Farm Operations Health Offender Management Parole Revocation Centers Private Prisons Probation Boot Camps Probation Detention Centers Probation Diversion Centers Probation Supervision State Prisons Transition Centers

State Funds $ 3,581,509 $0 $ 14,522,044 $ 147,053,245 $ 54,187,485 $ 4,310,511 $ 76,555,477 $ 5,308,545 $ 39,794,651 $ 14,479,431 $ 69,799,022 $ 434,130,667 $ 23,017,047

Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds State General 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 Contracts Capital Leases

Programs Civil Support Departmental Administration/Overhead Facilities Management

State Funds $ 3,454,552 $0 $ 2,385,434

$ 449,944
Total Funds $ 3,593,675 $0 $ 15,101,929 $ 155,588,520 $ 54,214,312 $ 4,371,610 $ 76,595,045 $ 5,652,781 $ 42,371,838 $ 17,668,281 $ 69,833,445 $ 444,101,129 $ 23,029,039
Fund Amount $ 912,121,604 $ 3,461,795 $ 450,000 $ 21,470,175 $ 886,739,634 $ 886,739,634
Total Funds $ 17,725,055 $ 23,102,725 $ 90,875 $ 52,800 $ 68,625 $ 43,211 $ 1,022,261 $ 1,341,895 $ 244,000 $ 9,930
Total Funds $ 8,265,438 $0 $ 33,709,459

146

THURSDAY, MARCH 25, 2004

Military Readiness

$ 1,726,480

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds State General 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 Contracts Utilities Kindergarten/Grades 1-3 Grades 4-8 Grades 9-12 Vocational Education Labs Special Education Gifted Remedial Education Staff Development and Professional Development Media Indirect Cost Pupil Transportation Local Five Mill Share Equalization Formula Sparsity Grants Special Education Low - Incidence Grants Limited English-Speaking Students TITLE I-A, Improving Basic Programs Operated by LEA Retirement (H.B. 272 and H.B. 1321) Instructional Services for the Handicapped

2053
$ 1,726,480
Fund Amount $ 43,701,377 $ 33,708,798 $ 2,426,113 $ 7,566,466 $ 7,566,466
Total Funds $ 41,833,072 $ 6,827,584 $ 1,281,935 $ 292,680 $ 9,573,252 $ 1,135,404 $ 883,485 $ 4,190,737 $ 30,569,700 $ 41,800,443 $ 772,896 $ 1,707,110,525 $ 1,564,815,699 $ 765,460,363 $ 196,506,716 $ 796,138,994 $ 192,300,693 $ 22,033,782 $ 31,135,509 $ 149,198,288 $ 922,944,443 $ 150,367,887 $ (1,241,711,092) $ 341,156,547 $ 6,352,443 $ 826,722 $ 70,492,962 $ 309,883,868 $ 5,508,750 $ 191,495,397

147

2054

JOURNAL OF THE SENATE

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 Refugee School Impact / Emergency Immigrant Educat Byrd Honor Scholarships Health Insurance-Non-Cert. Personnel and Retired T Pre-School Handicapped Program Mentor Teachers Advanced Placement Exams Serve America Program Youth Apprenticeship Grants Alternative Programs Pay For Performance Charter Schools Migrant Education (State) TITLE I-F, Comprehensive School Reform Partnerships in Character Education National Teacher Certification Principal Supplements Grants for School Nurses Reading Program Student Testing Internet Access School Improvement Teams Communities in Schools Additional Instruction TITLE I-C Education of Migrant Children TITLE 1-D, Neglected and Delinquent TITLE II-A, Improve Teacher Quality TITLE II-D, Enhancing Education thru Technology

$ 1,658,858 $ 63,248,787 $ 188,375,722 $ 34,433,962 $ 11,111,789 $ 3,307,365 $ 45,043,744 $ 3,556,873 $ 6,394,612 $ 7,021,675 $ 719,129 $ 9,389,202 $ 16,909,425 $ 1,546,542 $ 375,000 $ 10,567,629 $ 639,390 $ 1,188,000 $ 107,826,070 $ 23,371,885 $ 1,099,132 $ 1,608,000 $ 150,000 $ 3,811,974 $ 70,537,965 $ 2,667,165 $ 7,293,463 $ 267,535 $ 8,478,748 $ 250,000 $ 10,403,035 $ 5,361,125 $ 30,000,000 $ 74,650,015 $ 11,125,646 $ 3,644,339 $ 11,636,228 $ 1,370,623 $ 47,742,553 $ 8,626,018 $ 2,000,255 $ 72,520,695 $ 17,764,034

148

THURSDAY, MARCH 25, 2004

2055

TITLE III-A, English Language Acquisition TITLE IV-B, 21st Century Communication TITLE VI-B, Rural and Low-Income Reductions to QBE Formula Earnings High School Program - Agricultural Education

$ 6,786,358 $ 8,691,764 $ 6,941,585 $ (380,843,574) $ 7,112,268

Programs Agricultural Education Alternative Education Core K-12 Curriculum Development Data Collection and Technical Services Departmental Administration/Overhead Facilities Gifted Education Health and Nutrition Health Insurance - Non certified personnel
and retired teachers Limited English Proficiency Miscellaneous Contracts -National Science Center Foundation Regional Education Service
Agencies -RESA Remedial Education School Improvement School Leadership Special Education Staff Development Teacher's Retirement Testing Transportation, Pupil Vocational Education Vocational Education Payments to DTAE

State Funds $ 7,323,252 $ 66,552,542 $ 2,871,117,811 $ 36,296,145 $ 13,169,239 $0 $ 1,345,713 $ 180,570,155 $ 35,182,485

Total Funds $ 8,489,887 $ 68,552,797 $ 3,246,963,968 $ 82,154,367 $ 15,813,251 $0 $ 32,263,637 $ 181,916,281 $ 258,824,029

$ 107,826,070 $ 107,826,070 $ 65,487,414 $ 72,343,764

$ 316,750

$ 10,659,326

$ 11,111,789 $ 465,438,235 $ 17,184,977 $ 675,091,178 $ 851,662,656 $ 40,655,201 $ 5,508,750 $ 14,089,407 $ 151,018,279 $ 203,844,786 $0

$ 11,111,789 $ 465,438,235 $ 50,608,657 $ 675,091,178 $ 1,062,913,204 $ 113,183,860 $ 5,508,750 $ 21,660,888 $ 151,036,685 $ 240,292,244 $ 16,909,425

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds State General Funds

Fund Amount $ 6,899,562,292 $ 1,030,212,145 $ 48,557,313 $ 5,820,792,834 $ 5,820,792,834

B: Budget Unit Office of School Readiness

149

2056

JOURNAL OF THE SENATE

Objects of Expenditure Personal Services Regular Operating Expenses Travel Computer Charges Telecommunications Per Diem and Fees Child Care Lunch Program (Federal) Pre-Kindergarten - Grants Pre-Kindergarten - Personal Services Pre-Kindergarten - Operations Standards of Care

Total Funds $ 1,123,882 $ 29,783 $ 43,283 $ 3,000 $ 10,351 $ 5,000 $ 88,195,529 $ 263,868,407 $ 2,131,565 $ 4,909,478 $ 700,000

Programs Child Care Regulation and Development Departmental Administration/Overhead Nutrition Pre-Kindergarten Program

State Funds $ 1,123,124 $0 $ 194,694 $ 270,714,756

Total Funds $ 1,861,390 $0 $ 88,195,529 $ 270,963,359

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds Lottery Funds State General Funds

Fund Amount $ 361,020,278 $ 88,987,704 $0 $ 272,032,574 $ 270,909,450 $ 1,123,124

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,342.73. 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 Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts

Total Funds $ 3,697,925 $ 724,190 $ 29,000 $ 12,450 $ 1,269,710 $ 561,189 $ 94,015 $ 1,090,999 $ 3,500,000

150

THURSDAY, MARCH 25, 2004

2057

Georgia Military Pension Fund

Programs Benefit Services Communications Financial Reporting-Retiree Payroll Georgia Military Pension Fund Investment Services Member Services

State Funds $0 $0 $0 $ 617,000 $0 $0

Fund Allocations Total Funds Non-State Funds State Funds State General Funds

Public School Employee's Retirement System of Georgia

Objects of Expenditure Employer Contributions Administration Fee to ERS

Programs

State Funds

Public School Employees Retirement System $ 1,420,696

Fund Allocations Total Funds State Funds State General 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

$ 617,000
Total Funds $ 3,524,954 $ 1,136,370 $ 2,547,283 $ 617,000 $ 2,060,000 $ 1,710,871
Fund Amount $ 11,596,478 $ 10,979,478 $ 617,000 $ 617,000
Total Funds $ 833,196 $ 587,500
Total Funds $ 1,420,696
Fund Amount $ 1,420,696 $ 1,420,696 $ 1,420,696
Total Funds $ 28,594,326 $ 5,526,404 $ 111,311 $ 894,579 $ 1,727,651 $ 357,000 $ 11,518 $ 711,251 $ 9,500 $ 498,260

151

2058

JOURNAL OF THE SENATE

Ware County Grant

$ 88,500

Programs Departmental Administration/Overhead Forest Management Forest Protection Tree Improvement Tree Seedling Nursery

State Funds $0 $ 2,863,349 $ 29,434,547 $ 1,987 $ (25,705)

Total Funds $0 $ 4,055,849 $ 32,457,846 $ 140,610 $ 1,875,995

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds State General Funds

Fund Amount $ 38,530,300 $ 822,000 $ 5,434,122 $ 32,274,178 $ 32,274,178

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 Public Safety Training Center

Total Funds $ 46,282,274 $ 5,507,907 $ 330,392 $ 233,921 $ 221,428 $ 367,031 $ 378,414 $ 1,095,393 $ 1,668,455 $ 2,339,416 $ 288,667 $ 2,500,000 $ 31,319,619

Programs Centralized Scientific Services Criminal Justice Coordinating Council Criminal Justice Information Services D.A.R.E Departmental Administration/Overhead Fugitive Squads Georgia Information Sharing and Analysis Center Regional Forensic Services Regional Investigative Services

State Funds $ 13,315,546 $ 315,653 $ 11,522,512 $0 $0 $0 $ 791,937 $ 6,988,828 $ 23,103,525

Total Funds $ 13,315,546 $ 33,812,720 $ 11,522,512 $0 $0 $0 $ 791,937 $ 6,988,828 $ 23,103,525

152

THURSDAY, MARCH 25, 2004

2059

Special Operations Unit State Healthcare Fraud Unit Task Forces
Fund Allocations Total Funds Federal Funds Non-State Funds State Funds State General Funds
Section 15 Office of the Governor
Objects of Expenditure Personal Services Regular Operating Expenses Travel 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
Programs Arts, Georgia Council for the Attached Agency Administration Budget Management and Fiscal Policy Child Advocate, Office of the Consumer Affairs, Governor's Office of Education Accountability, Office of
Student Achievement Emergency Management Agency, Georgia

$ 692,460 $ 1,127,024 $ 1,178,365

$ 692,460 $ 1,127,024 $ 1,178,365

Fund Amount $ 92,532,917 $ 28,825,629 $ 4,671,438 $ 59,035,850 $ 59,035,850

State Funds $ 4,101,489 $ 1,932,464 $ 3,224,703 $ 719,483 $ 3,303,426
$ 1,146,544 $ 2,061,782

Total Funds $ 20,842,553 $ 1,441,692 $ 338,068 $ 54,911 $ 417,968 $ 1,145,891 $ 504,564 $ 1,349,833 $ 3,490,721 $ 111,930 $ 4,443,065 $ 40,000 $ 3,861,681 $ 358,595 $ 3,374,509 $ 274,194 $ 254,499 $ 1,085,000 $ 57,000
Total Funds $ 4,765,582 $ 1,932,464 $ 3,224,703 $ 719,483 $ 3,871,115
$ 1,412,544 $ 6,493,749

153

2060

JOURNAL OF THE SENATE

Equal Opportunity, Georgia Commission on Office of Homeland Security Office of the Governor Office of the State Inspector General Planning and Evaluation Professional Standards Commission, Georgia Research and Management

$ 725,969 $ 691,409 $ 8,703,341 $ 900,751 $ 1,119,842 $ 6,317,828 $ 2,068,747

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds State General Funds

Section 16 Department of Human 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 Utilities Postage Operating Expenses Service Benefits For Children Purchase of Service Contracts Payments - DCH-Community Care Grants to County DFCS - Operations Special Purpose Contracts Grant In Aid to Counties Medical Benefits Children's Trust Fund Cash Benefits Major Maintenance and Construction Community Services Brain and Spinal Trust Fund Benefits

$ 1,113,186 $ 691,409 $ 8,703,341 $ 900,751 $ 1,119,842 $ 6,429,758 $ 2,068,747
Fund Amount $ 43,446,674 $ 5,538,351 $ 890,545 $ 37,017,778 $ 37,017,778
Total Funds $ 447,546,618 $ 86,217,934 $ 4,745,512 $ 200,000 $ 910,120 $ 55,660,438 $ 12,116,830 $ 18,228,566 $ 12,940,668 $ 38,734,159 $ 9,483,000 $ 4,689,589 $ 57,443,428 $ 475,281,397 $ 141,940,991 $ 4,067,332 $ 385,339,194 $ 7,571,714 $ 152,294,792 $ 6,138,072 $ 7,191,544 $ 129,303,498 $ 2,018,723 $ 509,260,396 $ 2,850,000

154

THURSDAY, MARCH 25, 2004

2061

Brain and Spinal Trust Fund Operations Council on Aging Council on Developmental Disabilities Family Connection Partnership

Programs Adolescent Health and Youth Development Adoption Services and Supplements Adult Protective Services Brain and Spinal Injury Trust Fund Cancer Screening and Prevention Child Care Child Protective Services Child Support Establishment, Collection,
and Enforcement Children with Special Needs Children's Trust Fund Commission Chronic Disease Reduction - Health
Promotion Chronic Disease Treatment and Control Community Care Services Program Community Services - Adult Community Services - Child and Adolescent Contracted Client Transportation Services Council on Aging Departmental Administration/Overhead Developmental Disabilities Elder Abuse and Fraud Prevention Emergency Preparedness/Bioterrorism Employment Services - MH/DD/AD Energy Assistance Epidemiology Family Connection Partnership Family Violence Services Fatherhood Initiative Food Stamp Program Georgia Child Fatality Review Panel Health Promotion and Disease
Prevention -Wellness High Risk Pregnant Women and Infants HIV/AIDS Home and Community Based Svcs Immunization

State Funds $ 4,356,809 $ 27,977,862 $ 6,191,961 $ 3,000,000 $ 6,553,366 $ 61,338,073 $ 61,700,105
$ 25,317,065 $ 23,734,595 $ 6,864,181
$ 1,545,857 $ 8,741,862 $ 49,645,906 $ 297,544,134 $ 74,353,077 $ 4,043,988 $ 146,991 $ (500,000) $ 27,535 $ 5,097 $ 3,428,487 $ 22,946,357 $ 1,651,803 $ 4,932,589 $ 9,203,588 $ 4,611,728 $0 $ 33,074,953 $ 327,363
$0 $ 6,195,797 $ 18,556,957 $ 20,775,843 $ 12,022,361

$ 150,000 $ 158,909 $ 2,277,507 $ 10,213,035
Total Funds $ 16,644,072 $ 49,820,063 $ 14,710,312 $ 3,000,00 $ 6,685,716 $ 203,280,987 $ 143,292,045
$ 92,911,058 $ 34,838,577 $ 6,864,181
$ 1,643,662 $ 10,235,233 $ 62,515,727 $ 370,321,017 $ 91,178,420 $ 20,179,776 $ 146,991 $0 $ 2,275,275 $ 100,486 $ 3,685,988 $ 28,073,580 $ 12,152,808 $ 5,438,501 $ 9,478,587 $ 5,344,371 $ 120,000 $ 88,226,695 $ 327,363
$ 480,015 $ 6,766,403 $ 25,932,579 $ 45,403,996 $ 22,070,141

155

2062

JOURNAL OF THE SENATE

Independent and Transitional Living Services
Infant and Child Health Services Injury Prevention Laboratory Services Medicaid Eligibility Determination Out of Home Care Outdoor Therapeutic Program Post Adoption Svcs Pre-Adoption Svcs Refugee Health Program Refugee Resettlement Regulatory Compliance Sexually Transmitted Diseases Treatment
and Control State Hospital Facilities State Hospital Facilities - Other Care State Hospital Facilities - Specialty Care Substance Abuse Prevention Support for Needy Families TANF Services-MHDDAD Tobacco Use Prevention Tuberculosis Treatment and Control Vital Records Women, Infants and Children
Nutrition -WIC Women's Health Services

$ 727,761 $ 15,899,219 $ 522,635 $ 8,155,411 $ 28,617,182 $ 156,822,915 $ 3,258,418 $ 1,968,824 $ 3,690,471 $ 4,388,341 $ 872,763 $ 28,166,978
$ 5,986,919 $ 122,214,028 $ 70,439,747 $ 12,481,664 $ 642,321 $ 84,486,235 $ 1,114,570 $ 12,138,839 $ 8,387,864 $ 2,255,335
$ 1,097,293 $ 13,641,934

$ 4,724,714 $ 22,260,401 $ 736,500 $ 8,386,291 $ 62,742,433 $ 303,436,442 $ 4,202,562 $ 2,974,529 $ 5,718,669 $ 4,585,239 $ 4,521,415 $ 39,026,473
$ 8,948,962 $ 137,260,255 $ 166,849,412 $ 16,290,206 $ 10,518,430 $ 236,147,418 $ 13,369,618 $ 12,266,720 $ 10,435,181 $ 2,651,006
$ 86,566,989 $ 35,623,956

Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds Tobacco Funds State General Funds

Fund Amount $ 2,584,388,446 $ 1,021,916,899 $ 5,620,244 $ 168,558,399 $ 1,388,293,957 $ 44,766,104 $ 1,343,527,853

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:

156

THURSDAY, MARCH 25, 2004

2063

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 and 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.

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 Contracts Local Welcome Center Contracts Marketing

Total Funds $ 12,471,622 $ 1,206,674 $ 564,656 $ 15,597 $ 376,336 $ 793,884 $ 416,120 $ 30,000 $ 564,673 $ 238,070 $ 11,247,486

Programs Communication, Policy, and Research
Development

State Funds $ 1,110,402

Total Funds $ 1,110,402

157

2064

JOURNAL OF THE SENATE

Departmental Administration/Overhead Export Assistance/Statewide Outreach Film, Music, and Video International Protocol International Trade Development and
Special Projects Office of Science and Technology Business
Development Product Development Recruitment, Expansion, and Retention Regional Existing Business/Entrepreneurial
Development Tourism Marketing and Promotion Tourism Sales
Fund Allocations Total Funds State Funds State General 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
Programs Departmental Administration/Overhead Enforcement Fire Safety Industrical Loan Insurance Regulation Special Fraud
Fund Allocations Total Funds

$0 $ 1,292,489 $ 1,126,713 $ 203,921 $ 1,622,825 $ 2,191,901 $ 1,142,921 $ 5,251,148 $ 2,486,750 $ 8,465,043 $ 3,031,005
State Funds $0 $ 907,887 $ 5,426,382 $ 600,253 $ 5,951,558 $ 3,047,873

$0 $ 1,292,489 $ 1,126,713 $ 203,921
$ 1,622,825
$ 2,191,901 $ 1,142,921 $ 5,251,148
$ 2,486,750 $ 8,465,043 $ 3,031,005
Fund Amount $ 27,925,118 $ 27,925,118 $ 27,925,118
Total Funds $ 14,499,530 $ 702,947 $ 383,030 $ 80,176 $ 20,000 $ 223,000 $ 622,028 $ 353,700 $ 86,042
Total Funds $0 $ 907,887 $ 6,462,882 $ 600,253 $ 5,951,558 $ 3,047,873
Fund Amount $ 16,970,453

158

THURSDAY, MARCH 25, 2004

Federal Funds Non-State Funds State Funds State General Funds

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

Programs Children and Youth Coordinating Council Community Supervision Departmental Administration/Overhead Non-secure Commitment Non-secure Detention Secure Commitment Long-Term Youth
Development Centers Secure Detention Secure Short-Term Youth Development
Centers

State Funds $ 789,421 $ 37,723,767 $0 $ 47,711,415 $ 10,265,600
$ 60,859,620 $ 86,667,194
$ 26,594,393

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds State General Funds

2065
$ 954,555 $ 81,945 $ 15,933,953 $ 15,933,953
Total Funds $ 162,870,100 $ 14,395,382 $ 2,152,292 $ 259,143 $ 770,347 $ 3,563,120 $ 4,194,319 $ 2,306,552 $ 4,199,522 $ 5,799,028 $ 3,393,453 $ 85,163,238 $ 200,000 $ 1,532,150 $ 360,000
Total Funds $ 2,527,421 $ 42,022,055 $0 $ 57,368,958 $ 10,265,600
$ 62,825,794 $ 88,259,727
$ 27,889,091
Fund Amount $ 291,158,646 $ 2,570,056 $ 17,977,180 $ 270,611,410 $ 270,611,410

159

2066

JOURNAL OF THE SENATE

Section 20 Department of Labor

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 Purchase of Service Contracts Special Purpose Contracts Case Services Payments to State Treasury WIA Contracts

Total Funds $ 177,853,424 $ 21,436,426 $ 3,485,274 $ 73,953 $ 1,652,099 $ 5,283,383 $ 8,852,816 $ 4,864,053 $ 9,902,404 $ 255,000 $ 5,913,568 $ 12,181,087 $ 1,114,663 $ 41,304,191 $ 1,287,478 $ 54,500,000

Programs Business Enterprise Program Commission on Women Departmental Administration/Overhead Disability Adjudication Section Georgia Industries for the Blind Labor Market Information Roosevelt Warm Springs Institute Safety Inspections Unemployment Insurance Vocational Rehabilitation Program Workforce Development

State Funds $ 357,698 $ 93,172 $0 $0 $ 730,008 $ 749,253 $ 6,979,705 $ 3,168,963 $ 10,512,532 $ 18,713,652 $ 7,859,377

Total Funds $ 1,674,047 $ 93,172 $0 $ 56,126,429 $ 11,829,383 $ 3,320,498 $ 31,073,365 $ 3,168,963 $ 52,264,722 $ 87,003,341 $ 103,405,899

Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds State General Funds

Fund Amount $ 349,959,819 $ 257,761,240 $ 150,000 $ 42,884,219 $ 49,164,360 $ 49,164,360

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

160

THURSDAY, MARCH 25, 2004

2067

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

Total Funds $ 13,625,901 $ 705,564 $ 181,781 $ 299,269 $ 831,689 $ 155,913 $ 19,350,000

Programs Law

State Funds $ 13,354,529

Total Funds $ 35,150,117

Fund Allocations Total Funds Non-State Funds State Funds State General Funds

Fund Amount $ 35,150,117 $ 21,795,588 $ 13,354,529 $ 13,354,529

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

Total Funds $ 8,630,409 $ 714,385 $ 133,213 $ 1,627,172 $ 697,128 $ 173,863 $ 196,697

161

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JOURNAL OF THE SENATE

Contracts Payments to State Treasury

$ 702,053 $ 841,601

Programs Departmental Administration/Overhead Recruitment and Staffing Services Total Compensation and Rewards Workforce Development and Alignment

State Funds $0 $0 $0 $0

Total Funds $0 $ 1,771,037 $ 7,451,480 $ 4,494,004

Fund Allocations Total Funds Non-State Funds State Funds State General Funds

Fund Amount $ 13,716,521 $ 13,716,521 $0 $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 State Patrol Posts Repairs and Maintenance Conviction Reports Driver License Processing

Total Funds $ 55,512,193 $ 6,980,949 $ 480,435 $ 1,327,223 $ 338,032 $ 12,461,537 $ 2,730,422 $ 2,520,810 $ 329,835 $ 1,315,346 $ 750,000 $ (18,827) $ 348,651 $ 2,990,324

Programs Commercial Vehicle and HOV Enforcement Departmental Administration/Overhead License Issuance Motorcycle Safety Salvage Inspection

State Funds $ 11,641,711 $0 $ 40,184,543 $0 $ 2,043,375

Total Funds $ 18,973,729 $0 $ 41,561,100 $0 $ 2,043,375

162

THURSDAY, MARCH 25, 2004

Tag and Title Registration

$ 23,843,408

Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds State General Funds

Section 24 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 Capital Outlay Contracts Materials For Resale Advertising And Promotion Cost Of Material For Resale Capital Outlay New Construction Capital Outlay Repairs And Maintenance Capital Outlay Wildlife Management and Area Land Grants-Land and Water Conservation Georgia Heritage 2000 Grants Contracts-Hazardous Waste Trust Fund Contracts-Solid Waste Trust Fund Contracts-Payments to McIntosh County Contracts-Payments to Baker County Contracts-Payments to Calhoun County

Programs Agricultural Exposition Authority, Georgia Agrirama Development Authority, Georgia Civil War Commission Coastal Resources

State Funds $ 1,618,067 $ 827,578 $0 $ 2,153,495

2069
$ 25,488,726
Fund Amount $ 88,066,930 $ 1,196,995 $ 1,960,000 $ 7,196,898 $ 77,713,037 $ 77,713,037
Total Funds $ 90,063,212 $ 17,870,433 $ 902,916 $ 310,000 $ 1,271,830 $ 642,000 $ 3,474,399 $ 1,484,831 $ 1,688,636 $ 67,711 $ 7,043,120 $ 80,000 $ 689,910 $ 1,293,300 $ 635,734 $ 3,379,750 $ 982,330 $ 800,000 $ 129,276 $ 6,095,077 $ 50,000 $ 100,000 $ 31,000 $ 24,000
Total Funds $ 6,419,625 $ 1,253,605 $0 $ 2,324,357

163

2070

JOURNAL OF THE SENATE

Departmental Administration/Overhead Environmental Protection Georgia State Games Commission Historic Preservation Land Conservation Parks, Recreation and Historic Sites Pollution Prevention Assistance Southwest Georgia Railroad
Excursion Authority Wildlife Resources

$0 $ 39,390,057 $ 35,000 $ 1,867,520 $ 325,073 $ 19,431,288 $ 263,894
$ 383,687 $ 30,876,945

$0 $ 49,594,213 $ 358,349 $ 2,357,520 $ 325,073 $ 39,023,077 $ 367,807
$ 704,657 $ 36,381,182

Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds State General Funds

Fund Amount $ 139,109,465 $ 10,040,193 $ 200,000 $ 31,696,668 $ 97,172,604 $ 97,172,604

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.

Section 25 State Board of Pardons and Paroles

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Health Services Purchases County Jail Subsidy

Total Funds $ 37,537,574 $ 1,333,825 $ 331,800 $ 291,500 $ 591,200 $ 2,764,792 $ 1,002,721 $ 423,304 $ 1,232,829 $ 20,000 $ 617,500

Programs Clemency Decisions

State Funds $ 11,615,762

Total Funds $ 11,615,762

164

THURSDAY, MARCH 25, 2004

Departmental Administration/Overhead Parole Supervision

$0 $ 34,039,133

Fund Allocations Total Funds Federal Funds State Funds State General Funds

Section 26 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 Capital Outlay Contracts Public Safety Training Center Peace Officer Standards Training Council Firefighters Training and Standards Council Office of Highway Safety

Programs Aviation Capitol Police Services Departmental Administration/Overhead Excess Property Executive Security Services Field Offices and Services Firefighter Standards and Training
Council, Georgia Highway Safety, Office of Multi Jurisdictional Task Forces Peace Officer Standards and Training
Council, Georgia Public Safety Training Center, Georgia Specialized Collision Reconstruction Team

State Funds $ 2,767,028 $0 $0 $0 $ 1,306,158 $ 64,032,257
$ 547,167 $ 521,493 $0
$ 1,357,010 $ 11,725,190 $ 2,597,320

2071
$0 $ 34,531,283
Fund Amount $ 46,147,045 $ 492,150 $ 45,654,895 $ 45,654,895
Total Funds $ 62,111,348 $ 7,828,676 $ 78,755 $ 3,322,439 $ 315,246 $ 632,636 $ 92,809 $ 1,721,750 $ 249,027 $ 316,237 $ 310,905 $ 13,743,223 $ 1,407,010 $ 467,533 $ 3,808,242
Total Funds $ 2,796,277 $ 3,151,435 $0 $0 $ 1,319,615 $ 64,912,888
$ 547,167 $ 3,766,720 $0
$ 1,357,010 $ 13,359,238 $ 2,624,083

165

2072

JOURNAL OF THE SENATE

Troop J Specialty Units

$ 2,542,741

$ 2,571,403

Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds State General Funds

Fund Amount $ 96,405,836 $ 3,245,227 $ 985,243 $ 4,779,002 $ 87,396,364 $ 87,396,364

Section 27 Public Service Commission

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts

Total Funds $ 6,653,910 $ 247,306 $ 86,876 $ 15,300 $ 208,791 $ 501,964 $ 113,567 $ 1,026,105 $ 27,611

Programs Departmental Administration/Overhead Facilities Protection Georgia No Call Utilities Regulation

State Funds $ 82,423 $ 565,170 $0 $ 7,960,526

Total Funds $ 82,423 $ 838,481 $0 $ 7,960,526

Fund Allocations Total Funds Federal Funds State Funds State General Funds

Fund Amount $ 8,881,430 $ 273,311 $ 8,608,119 $ 8,608,119

Section 28 Boards of Regents, University System of Georgia

Objects of Expenditure Capital Outlay SREB Payments Georgia Medical College Health, INC. Personal Services- General and Departmental Personal Services- Sponsored

Total Funds $ 95,063,332 $ 814,787 $ 31,509,683 $ 1,788,900,855 $ 579,300,511

166

THURSDAY, MARCH 25, 2004

2073

Operating Expenses- General and Departmental Operating Expenses- Sponsored Forestry Research Special Funding Initiative Student Education Enrichment Program Office of Minority Business Enterprises Research Consortium Agriculture Research ATDC/Economic Development Institute Center for Assistive Technology Rent to the Georgia Military College Payment to the Georgia Public Telecommunications C Public Libraries

$ 448,000,883 $ 796,433,071 $ 908,039 $ 26,719,706 $ 310,421 $ 934,374 $ 26,849,808 $ 2,496,155 $ 23,909,767 $ 7,540,629 $ 1,622,090 $ 17,503,442 $ 32,987,470

Programs Georgia Military College Public Service Public Telecommunications
Commission, Georgia Research Research Consortium Teaching

State Funds $ 2,344,723 $ 102,396,862

Total Funds $ 2,344,723 $ 254,928,748

$ 17,503,442 $ 164,674,525 $ 26,849,808 $ 1,391,766,432

$ 17,503,442 $ 384,580,110 $ 26,849,808 $ 3,195,598,192

Fund Allocations Total Funds Intra-State Agency Funding Non-State Funds State Funds Tobacco Funds State General Funds

Fund Amount $ 3,881,805,023 $ 3,583,000 $ 2,172,686,231 $ 1,705,535,792 $ 6,243,177 $ 1,699,292,615

Section 29 Department of Revenue

Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees

Total Funds $ 56,027,997 $ 6,796,238 $ 1,077,071 $ 49,980 $ 173,684 $ 12,914,676 $ 6,785,736 $ 1,247,830 $ 606,992

167

2074

JOURNAL OF THE SENATE

Contracts County Tax Officials/Retirement and FICA Investment For Modernization Homeowner Tax Relief Grants

$ 1,223,613 $ 3,785,079 $ 17,785,550 $ 380,000,000

Programs Customer Service Departmental Administration/Overhead Grants and Distribution Industry Regulation Revenue Processing State Board of Equalization Tax Compliance

State Funds $ 4,568,625 $0 $ 387,559,455 $ 3,662,472 $ 31,791,658 $ 5,000 $ 34,452,371

Total Funds $ 6,945,544 $0 $ 387,915,166 $ 4,351,812 $ 45,411,776 $ 5,000 $ 43,845,148

Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds Tobacco Funds State General Funds

Fund Amount $ 488,474,446 $ 178,417 $ 2,545,000 $ 23,711,448 $ 462,039,581 $ 150,000 $ 461,889,581

For purposes of homeowner tax relief grants to counties and local school districts, the calculation of the eligible assessed value of each qualified homestead in the state shall be limited to the amount of tax relief appropriated.

Section 30 Secretary of State

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Election Expenses

Total Funds $ 19,978,661 $ 4,566,432 $ 412,621 $ 65,535 $ 3,269,283 $ 4,495,252 $ 1,005,073 $ 407,346 $ 1,396,804 $ 364,335

Programs Administration

State Funds $ 4,623,322

Total Funds $ 4,653,322

168

THURSDAY, MARCH 25, 2004

2075

Archive and Records Business Services - Corporations Business Services - Securities Capitol Education Center Departmental Administration/Overhead Election and Campaign Disclosure Georgia Commission on the Holocaust Georgia Drugs and Narcotics Agency Professional Licensing Boards Real Estate Commission State Ethics Commission

$ 6,621,005 $ 1,102,649 $ 1,877,238 $0 $0 $ 6,436,884 $ 246,093 $ 1,229,803 $ 8,797,669 $ 2,690,022 $ 1,121,672

$ 6,696,005 $ 1,841,999 $ 2,077,873 $0 $0 $ 6,456,884 $ 246,093 $ 1,229,803 $ 8,947,669 $ 2,690,022 $ 1,121,672

Fund Allocations Total Funds Governor's Emergency Funds Non-State Funds State Funds State General Funds

Fund Amount $ 35,961,342 $0 $ 1,214,985 $ 34,746,357 $ 34,746,357

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 Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts

Total Funds $ 1,868,355 $ 1,093,006 $ 42,321 $ 19,944 $ 11,205 $ 121,425 $ 39,554 $ 121,660 $ 2,107,629

Programs Conservation of Agricultural Water Supplies Conservation of Soil and Water Resources Departmental Administration/Overhead Water Resources and Land Use Planning Watershed Flood Control Unit

State Funds $ 390,140 $ 1,541,478 $0 $ 1,105,639 $ 45,900

Total Funds $ 2,091,677 $ 2,114,883 $0 $ 1,172,639 $ 45,900

169

2076

JOURNAL OF THE SENATE

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds State General Funds

Section 32 Student Finance Commission A: Budget Unit Student Finance Commission

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Contracts Governor's Scholarships Guaranteed Educational Loans Tuition Equalization Grants Law Enforcement Personnel Dependents' Grants North Georgia College ROTC Grants Georgia Military/North Georgia Military Transfer S North Georgia College and State University Militar Leveraging Educational Assistance Partnership Prog

Programs Departmental Administration/Overhead Grants - Unit A Loans - Unit A Nonpublic Postsecondary Educ Commission Scholarships - Unit A

State Funds $0 $ 30,280,999 $ 4,161,428 $ 651,023 $ 2,530,150

Fund Allocations Total Funds Federal Funds State Funds State General Funds

B: Budget Unit Lottery for Education

Fund Amount $ 5,425,099 $ 476,405 $ 1,865,537 $ 3,083,157 $ 3,083,157
Total Funds $517,995 $17,915 $20,000 $8,300 $6,000 $40,015 $8,996 $31,802 $2,530,150 $3,477,477 $28,820,424 $61,339 $432,479 $505,584 $178,367 $1,487,410
Total Funds $0 $ 30,801,652 $ 4,161,428 $ 651,023 $ 2,530,150
Fund Amount $ 38,144,253 $ 520,653 $ 37,623,600 $ 37,623,600

170

THURSDAY, MARCH 25, 2004

2077

Objects of Expenditure Personal Services Regular Operating Expenses Travel Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Law Enforcement Personnel Dependents' Grants Georgia Military/North Georgia Military Transfer S 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

Programs Grants - Unit B Loans - Unit B Scholarships - Unit B

State Funds $ 115,367,679 $ 14,039,069 $ 371,237,030

Fund Allocations Total Funds State Funds Lottery Funds State General Funds

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 Postage Floor Fund, Local System Retirees

Total Funds $ 2,093,984 $ 394,390 $ 38,361 $ 1,798,990 $ 148,354 $ 92,148 $ 297,630 $ 255,850 $ 770,477 $ 310,489,060 $ 55,896,225 $ 70,657,003 $ 45,388,740 $ 5,332,698 $ 5,855,278 $ 374,590 $ 760,000
Total Funds $ 115,367,679 $ 14,039,069 $ 371,237,030
Fund Amount $ 500,643,778 $ 500,643,778 $ 500,643,778 $0
Total Funds $ 12,701,449 $ 564,345 $ 76,500 $ 25,000 $ 5,910,000 $ 723,975 $ 270,000 $ 493,000 $ 220,000 $ 88,000

171

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COLA, Local System Retirees

$ 2,050,000

Programs Departmental Administration/Overhead Employer Services Investment Services Loca/Floor COLA Member Services Retirement Services

State Funds $0 $0 $0 $ 2,138,000 $0 $0

Total Funds $0 $ 4,318,905 $ 6,627,417 $ 2,138,000 $ 7,740,606 $ 2,297,341

Fund Allocations Total Funds Non-State Funds State Funds State General Funds

Fund Amount $ 23,122,269 $ 20,984,269 $ 2,138,000 $ 2,138,000

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. 2005.

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 Contracts Personal Services - Institutions Operating Expenses - Institutions Area School Program Adult Literacy Grants Regents Program Quick Start Program

Total Funds $ 6,101,294 $ 316,985 $ 125,510 $ 12,886 $ 327,695 $ 586,463 $ 115,980 $ 121,671 $ 164,110 $ 263,274,684 $ 62,790,179 $ 5,827,069 $ 18,873,343 $ 3,333,074 $ 12,307,232

Programs Adult Literacy Departmental Administration/Overhead Economic Development

State Funds $ 12,019,222 $0 $ 12,562,380

Total Funds $ 20,161,661 $0 $ 15,167,207

172

THURSDAY, MARCH 25, 2004

2079

Technical Education

$ 273,949,456

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds State General Funds

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 Mainten Guaranteed Revenue Debt Common Reserve Fund Payments to the State Road and Toll Authority

Motor Fuel Funds

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

$ 338,949,307
Fund Amount $ 374,278,175 $ 19,814,459 $ 55,932,658 $ 298,531,058 $ 298,531,058
Total Funds $ 262,011,283 $ 79,533,638 $ 2,102,945 $ 1,927,750 $ 5,591,954 $ 11,850,593 $ 1,830,782 $ 4,924,470 $ 7,362,438 $ 1,126,700,618 $ 46,540,274 $ 3,507,783 $ 16,964,558 $ 721,355 $ 25,893,450 $ 77,667,665
Total Funds $ 258,590,258 $ 78,748,176 $ 2,047,653 $ 1,927,750 $ 5,569,230 $ 11,796,721 $ 1,799,429 $ 4,878,307 $ 7,249,215 $ 1,126,677,058 $ 45,842,938

173

2080

JOURNAL OF THE SENATE

Guaranteed Revenue Debt Common Reserve Fund Payments to the State Road and Toll Authority

Programs Construct and Improve the State Highway
System - MFT Data Collection, Compliance and
Reporting - MFT Local Road Assistance - MFT Maintain State Highway System - MFT Operate State Highway System - MFT

State Funds
$336,473,351
$2,607,046 $84,555,550 $193,609,214 $28,909,839

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds State Motor Fuel State General Funds

State General Funds

Objects of Expenditure Personal Services Regular Operating Expenses Travel 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 Mainten

Programs Air Transportation - SGF Aviation - SGF Departmental Administration/Overhead Ports and Waterways - SGF Rail - SGF

State Funds $ 1,299,284 $ 3,881,330 $0 $ 959,067 $ 405,629

$ 25,893,450 $ 77,667,665
Total Funds
$1,094,967,986
$6,535,550 $154,501,532 $333,994,249 $58,688,533
Fund Amount $ 1,648,687,850 $ 995,012,242 $ 7,520,608 $ 646,155,000 $ 646,155,000 $0
Total Funds $ 3,421,025 $ 785,462 $ 55,292 $ 22,724 $ 53,872 $ 31,353 $ 46,163 $ 113,223 $ 23,560 $ 697,336 $ 3,507,783 $ 16,964,558 $ 721,355
Total Funds $ 2,018,884 $ 4,263,637 $0 $ 1,117,937 $ 594,573

174

THURSDAY, MARCH 25, 2004

2081

Rail Passenger Authority Transit - SGF

$0 $ 5,103,308

$0 $ 18,448,675

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds State General Funds

Fund Amount $ 26,443,706 $ 12,858,431 $ 1,936,657 $ 11,648,618 $ 11,648,618

For this general appropriation act, 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.

175

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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 of the State's special need for appropriation.

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 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 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 Regular Operating Expenses For Projects and Insura

Total Funds $ 5,578,059 $ 378,962 $ 136,200 $ 100,822 $ 5,000 $ 223,033 $ 89,304 $ 20,612 $ 17,617,375 $ 7,541,980 $ 194,395

Programs Augusta Nursing Home Departmental Administration/Overhead Georgia Veterans Memorial Cemetery Milledgeville Nursing Home Veterans Benefits

State Funds $ 4,561,388 $0 $ 304,657 $ 10,268,082 $ 6,018,930

Total Funds $ 7,541,980 $0 $ 304,657 $ 17,617,375 $ 6,421,730

Fund Allocations Total Funds Federal Funds

Fund Amount $ 31,885,742 $ 10,732,685

176

THURSDAY, MARCH 25, 2004

2083

State Funds State General Funds

$ 21,153,057 $ 21,153,057

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 $ 334,329 $ 1,296,009 $ 176,744 $ 183,100 $ 2,514,787

Programs Departmental Administration/Overhead Dispute Resolution Enforcement Licensure and Quality Assurance Rehabilitation Management

State Funds $0 $ 10,587,076 $ 1,677,248 $ 1,640,506 $ 905,928

Total Funds $0 $ 10,834,596 $ 1,720,928 $ 1,691,466 $ 927,768

Fund Allocations Total Funds Non-State Funds State Funds State General Funds

Fund Amount $15,174,758 $364,000 $14,810,758 $14,810,758

Section 38 State of Georgia General Obligation Debt Sinking Fund A: Budget Unit New Bonds

Objects of Expenditure General Obligation Bonds

Total Funds $ 81,651,663

Programs GO Debt Sinking Fund - -New

State Funds $ 81,651,663

Total Funds $ 81,651,663

Fund Allocations Total Funds State Funds State General Funds

Fund Amount $ 81,651,663 $ 81,651,663 $ 81,651,663

177

2084

JOURNAL OF THE SENATE

B: Budget Unit Issued Bonds

Objects of Expenditure General Obligation Bonds

Total Funds $ 838,037,893

Programs GO Debt Sinking Fund - -Issued

State Funds

Total Funds

$ 838,037,893 $ 838,037,893

Fund Allocations Total Funds State Funds State Motor Fuel State General Funds

Fund Amount $ 838,037,893 $ 838,037,893 $ 75,000,000 $ 763,037,893

Description Regents-Classroom addition at
Bainbridge College

Principal Amount Debt Service

$1,035,000

$90,045

Years 20

Corrections- Minor construction

$3,000,000

$678,000

5

Corrections- Environmental management systems

$500,000

$113,000

5

Corrections- Maintenance and renovation of security projects of various facilities

$400,000

$34,800

20

Corrections- Emergency roof repairs

$450,000

$39,150

20

Corrections- Underground water

distribution loop replacement at

Augusta State Medical Prison,

Coastal State Prison, Rodgers State

Prison, and Burruss Transition Center $1,200,000

$104,400

20

Corrections- Refurbish and expand

the wastewater treatment plant at

Georgia Diagnostic and Classification

Prison in Jackson

$470,000

$40,890

20

Corrections- Major roof repair projects $1,300,000

$113,100

20

Defense-Renovations at various Armories $2,000,000

$174,000

20

178

THURSDAY, MARCH 25, 2004

2085

Regents-Design and construct a Social

Science Building for Kennesaw

State University

$26,590,000 $2,313,330

20

Regents-Design and construction to

renovate classroom space and the Physical

Education Building for Coastal Georgia

Community College

$4,790,000

$416,730

20

Regents-Construction to renovate Wheatley

Hall for Georgia Southwestern State

University

$4,635,000

$403,245

20

Regents-Design and construct facility

infrastructure improvements for Floyd

College

$3,950,000

$343,650

20

Regents-Design and construct an electrical

system upgrade for the Clarkston campus

of Georgia Perimeter College

$3,800,000

$330,600

20

Regents-Design and construction to

renovate the Administration Building for

Clayton College and State University $3,600,000

$313,200

20

Regents-East Coweta County Public Library

$2,000,000

$174,000

20

Academic services building at Darton College

$4,845,000

$421,515

20

Design the expansion of the Crisp

County Campus

$172,000

$14,964

20

DTAE-Construct and equip a classroom

building at Heart of Georgia

Technical College

$1,000,000

$87,000

20

DTAE-Design of a classroom building

at Atlanta Technical College

$100,000

$8,700

20

DTAE-Predesign of a classroom building

179

2086

JOURNAL OF THE SENATE

at Lanier Technical College Forsyth

County Campus

$155,000

$13,485

20

DTAE-Predesign of an allied health and

technology building at North Metro

Technical College

$155,000

$13,485

20

Planning and design of the Success and

Retention Center at Gordon College

$277,000

$24,099

20

New Academic Building at Georgia

Military College

$4,200,000

$365,400

20

Regents-Construction of the Animal

Health Research Center for the

University of Georgia

$10,000,000 $870,000

20

Regents-Initiation of pre-design, design,

and construction of an Advanced Clean

Room Facility for Georgia Institute

of Technology

$2,000,000

$174,000

20

Regents-Construct the Performing and

Visual Arts Center (Phase II) for the

University of Georgia

$35,050,000

$3,049,350

20

Education-Growth funding for local school construction

$45,635,000 $3,970,245

20

DHR- Replace food service equipment

at Southwestern Regional Hospital

in Thomasville

$360,000

$81,360

5

DHR- Replace kitchen equipment at

Atlanta Regional Hospital

$165,000

$37,290

5

Ports Authority- Container Berth 8 and

support equipment

$28,200,000 $2,453,400

20

GEFA- Match funds for drinking water

construction loan program

$3,500,000

$304,500

20

DTAE- Predesign and design of Allied

180

THURSDAY, MARCH 25, 2004

Health Building at Southwest Georgia Technical College.

$860,000

Ports Authority- Upgrade/overlay storage

areas and Tomochichi Road straightening

for the Georgia Ports Authority.

$6,500,000

DTAE- Design and construct a Classroom Building for Valdosta Technical College. $16,638,000

DOT- For State Aid Maintenance Assistance (SAMA)

$20,000,000

Ports Authority- Deepening of the Brunswick Harbor

$14,400,000

DOT- GRIP and other transportation projects.

$100,000,000

DOT- Aviation improvements

$1,700,000

DTAE-Predesign construction at Lanier Technical College Gainesville Campus $155,000

Corrections- Asbestos abatement program $500,000

Corrections- Fire alarm certification and

maintenance

$400,000

Veterans Service- Smoke dampers and air

handling unit upgrades at the Georgia War

Veterans Home in Milledgeville

$250,000

Veterans Service- Elevator controls and compliance upgrades at the Georgia War Veterans Home in Milledgeville and Augusta

$350,000

DHR- Replace the paging system at West Central Regional Hospital in Columbus $120,000

DHR- Upgrade the generators at Buildings 1 and 18 at West Central Regional Hospital

$74,820
$565,000 $1,447,506 $4,520,000 $1,252,800 $8,700,000 $384,200 $13,485 $113,000 $90,400
$21,750
$30,450 $10,440

2087 20
20 20 5 20 20 5 20 5 5
20
20 20

181

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JOURNAL OF THE SENATE

in Columbus

$185,000

$16,095

20

DHR- For Phase 2 and 3 of the steam plant

upgrade at Central State Hospital

in Milledgeville

$1,305,000

$113,535

20

DHR- Replace fire alarm systems in 3

buildings at Central State Hospital

in Milledgeville

$785,000

$68,295

20

Juvenile Justice- Construction and

equipment for the Mental Health and

Medical Building at the Augusta YDC. $2,730,000

$237,510

20

Juvenile Justice- Minor construction and

renovations at various facilities

$2,000,000

$452,000

5

DHR- Replace HVAC duct work in

Building 3 at Augusta Regional Hospital $125,000

$10,875

20

DHR- Underground condensate return

piping at Northwest Regional Hospital

in Rome

$290,000

$25,230

20

DHR- Replace 6 inch natural gas main

piping at Northwest Regional Hospital

in Rome

$90,000

$7,830

20

Corrections- Upgrade perimeter detection

systems at close security facilities

$400,000

$90,400

5

DHR- Vital water system upgrades at

Central State Hospital in Milledgeville $470,000

$40,890

20

DHR- Ongoing facility roof replacement

program at Central State Hospital in

Milledgeville

$1,345,000

$117,015

20

Regents-Design and construction to

renovate Drew-Griffith Hall for

Savannah State University

$4,975,000

$432,825

20

182

THURSDAY, MARCH 25, 2004

DTAE- Purchase equipment for the following projects scheduled for completion in 2004: Moultrie Tech, Tift County Campus; Savannah Tech, Effingham County Campus; North Georgia Tech, Visual Communications Building and Transportation Center

$1,860,000

DTAE- Replace equipment statewide.

$10,000,000

DTAE- Major repairs and renovations statewide.

$7,500,000

DNR- Repairs and maintenance at North

Georgia's lodges

$500,000

Forestry Commission- Purchase Various

firefighting equipment and vehicles

$4,000,000

DNR-Repairs and maintenance to state parks

$2,250,000

GEFA- Match funds for clean water construction loan program

$4,500,000

GEFA- Provide low interest loans for local water and sewer construction projects $12,000,000

DHR- Replace kitchen equipment at Gracewood State School and Hospital at Augusta

$105,000

DHR- Replace laundry equipment in Building 83 at Gracewood State School and Hospital at Augusta

$280,000

GBA- Maintenance and repair funds

$22,910,000

Education-Deferred funding from FY 2004

for local school construction

$24,095,000

Education-Regular funding for local school construction

$69,175,000

$420,360 $2,260,000 $1,695,000 $113,500 $904,000 $510,750 $391,500 $1,044,000
$23,730
$63,280 $1,993,170 $2,096,265 $6,018,225

2089
5 5 5 5 5 5 20 20 5 5 20 20 20

183

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JOURNAL OF THE SENATE

Education-Regular advance funding for

local school construction

$23,015,000 $2,002,305

20

Education-Purchase vocational and

agricultural equipment and 2 wheelchair

lifts.

$13,205,000 $2,984,330

5

Education-State schools capital improvements

$995,000

$224,870

5

Regents-Design and construct a Student

Center for Georgia Perimeter College. $7,190,000

$625,530

20

Regents-Design, construct, and equip

campus loop utilities for Middle Georgia

College

$16,325,000 $1,420,275

20

Regents- Campus-wide replacement of

HVAC equipment for Gainesville College $4,200,000

$365,400

20

Regents-Design and construct campus-wide

storm and sanitary sewer improvements

for Augusta State University

$4,400,000

$382,800

20

Regents-Major repairs and rehabilitation $55,000,000 $4,785,000

20

Regents-Traditional Industries Program

research equipment

$900,000

$78,300

20

Regents-Student center expansion and

renovation at East Georgia College.

$4,850,000

$421,950

20

Regents-Georgia Research Alliance FY

2005 Research and Development

infrastructure (HOUSE:$19,700,000) $19,300,000

$4,361,800

5

DTAE- Purchase additional equipment for the following previously funded projects: Athens Tech, Technology Building; Appalachian Tech, Technology Building; Northwestern Tech, Allied Health Building;

184

THURSDAY, MARCH 25, 2004

Chattahoochee Tech, Classroom Building;

Southwest Georgia

$10,000,000

Revenue-Purchase mail handling equipment $425,000

Agriculture- Predesign and design a fuel oil

laboratory

$150,000

Corrections- Bed space expansion (SEN:$12,000,000)

$23,000,000

Corrections- Central repairs

$3,105,000

Veterans Service- Design, construction, and

equipment of a Food Production Kitchen

at the Georgia War Veterans Home

in Milledgeville

$385,000

DHR- Add a classroom and additional bathroom facilities to the Outdoor Therapeutic Program in Warm Springs.

$65,000

DHR- Design and construct a Kitchen/ Dining Hall at the Outdoor Therapeutic Program in Cleveland

$360,000

DHR- Reroof buildings (Phase 1 of 3) at Savannah Regional Hospital

$975,000

DHR- Generator upgrades at Atlanta Regional Hospital

$1,920,000

DHR- Replace the roof on Building 414 at Southwestern Regional Hospital in Thomasville.

$245,000

DHR- Replace the underground sewer system at Gracewood State School and Hospital at Augusta

$3,220,000

DHR- Clean HVAC duct work in 8 buildings at Augusta Regional Hospital $210,000

$2,260,000 $96,050 $33,900 $1,044,000 $701,730
$33,495
$5,655
$31,320 $84,825 $167,040
$21,315
$280,140 $18,270

2091 5 5 5 20 5
20
20
20 20 20
20
20 20

185

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JOURNAL OF THE SENATE

DHR- Refurbish or replace transclosures at

West Central Regional Hospital

in Columbus

$70,000

$6,090

20

DHR- Refurbish or replace step down

transformers at West Central Regional

Hospital in Columbus

$615,000

$53,505

20

DHR- Repair water distribution system

valves and fire hydrants at Northwest

Regional Hospital in Rome

$115,000

$10,005

20

DHR- Replace direct burial primary

electrical cables at Northwest Regional

Hospital in Rome

$1,010,000

$87,870

20

DHR- Electrical code compliance at

Central State Hospital in Milledgeville $500,000

$43,500

20

Juvenile Justice- Construction and equipment

for the Muscogee YDC/RYDC

$2,700,000

$234,900

20

Juvenile Justice- Major repairs and maintenance at various facilities.

$4,000,000

$904,000

5

Regents-Construct an academic instructional facility at Gwinnett University Center

$5,000,000

$435,000

20

Regents-construct a new Science

Building at South Georgia College

$5,000,000

$435,000

20

Regents-Infrastructure improvements on

local land gift to State University of

West Georgia

$5,000,000

$435,000

20

Regents-Renovation of Hill Hall at

Savannah State

$750,000

$65,250

20

DTAE-Construction for Coosa Valley

Technical College

$11,000,000 $957,000

20

186

THURSDAY, MARCH 25, 2004

2093

DTAE-Augusta Technical College-

Columbia County Campus

$4,620,000

$401,940

20

DTAE-Classroom building at Savannah

Technical College Effingham County

Campus

$1,900,000

$165,300

20

DTAE-Planning for Cherokee County

Campus of Appalachian Technical College $207,000

$18,009

20

Veterans Service-Predesign of Veterans

Cemetary in Glennville - Reimbursable $300,000

$26,100

20

Regents-Forsyth County Public Library $5,000,000

$435,000

20

Regents-Fine Arts Building (Phase III) at

Georgia Southern University

$5,000,000

$435,000

20

DTAE-Property acquisition for Savannah

Technical College, Crossroads Campus $1,150,000

$100,050

20

Improvements to Glennville, Dalton,

Oakwood Biosecure Vet Lab Facilities $140,000

$31,780

5

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:

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.

Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.

The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.

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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 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 45.
(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 2004 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 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

188

THURSDAY, MARCH 25, 2004

2095

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 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 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 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 47
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

189

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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 Salary Adjustments.
In addition to all other appropriations, there is hereby appropriated $206,520,359 for the following purposes:
1.) To provide a general salary adjustment of 2%, not to exceed $1,000, for employees of the Judicial, Legislative and Executive branches, excluding all elected officials, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2004.
2.) To provide for a 2% increase in the state base salary on the local teacher salary schedule of the State Board of Education. This proposed 2% salary improvement is in addition to the salary increases awarded to certificated personnel through normal progression on the teacher salary schedule of the State Board of Education. The amount of the appropriation for this purpose is calculated according to an effective date of September 1, 2004.
3.) To provide for a 2% increase for local school bus drivers and lunchroom workers with the amount of the appropriation for this purpose calculated according to an effective date of July 1, 2004.
4.) In lieu of all other numbered items, to provide a 2% funding level for merit increases for Regents faculty and non-academic personnel, with the amount of the appropriation for this purpose calculated to commence with fall semester, 2004, for Regents faculty and calculated to commence October 1, 2004, for non-academic personnel. In lieu of all other numbered items, to provide a 2% salary increase for public librarians with the amount of the appropriation for this purpose calculated according to an effective date of September 1, 2004.
5.) In lieu of all other numbered items, to provide for a 2% salary increase for teachers with the Department of Technical and Adult Education with the amount of the appropriation for this purpose calculated according to an effective date of September 1, 2004, and to provide for a 2% salary increase for support personnel, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2004.
6.) In lieu of item 2 above, to provide for the addition of an L-6 longevity factor to the teacher salary schedule for Public School Teachers with 21 or more years of experience

190

THURSDAY, MARCH 25, 2004

2097

with the amount of the appropriation for this purpose calculated according to an effective date of September 1, 2004.

Section 49

Provided however, the final payroll date in State Fiscal Year 2005 for state employees and the affected employees of the Board of Regents shall be shifted from June 30, 2005 to July 1, 2005, effecting a reduction in State fund appropriations in the amount of $179,349,990.

Section 50

Provided however the Georgia Technology Authority shall reduce local telecommunication charges by $2,250,000.

Section 51

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

Section 52

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

Senator Butler of the 55th District moved to amend Senate Appropriations Committee Substitute to HB 1181 by offering the following amendment # 1: (removing from) State funds for the State of Georgia General Obligation Debt Sinking Fund, Section 38, relating to State Fiscal Year 2005 the figure $300,000 and by (decreasing) the object classes as listed below:

GO Debt Sinking Fund - New Total Funds State Funds

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

and by (adding to) State funds for the Department of Technical and Adult Education, Section 34, relating to State Fiscal Year 2005 the figure $300,000 and by (increasing) the object classes as listed below:

Adult Literacy Grants Total Funds State Funds

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

Amendment reduces funding for the Georgia Ports Authority - Container Berth 8 bond

191

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JOURNAL OF THE SENATE

project and reduces the cut to the Adult Literacy program

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

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

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

On the adoption of the amendment, the yeas were 19, nays 32, and the Butler amendment # 1 was lost.

Senator Jackson of the 50th District moved to amend Senate Appropriations Committee Substitute to HB 1181 by offering the following amendment # 2: (removing from) State funds for the Office of the Governor, Section 15, relating to State Fiscal Year 2005 the figure $100,000 and by (decreasing) the object classes as listed below:

Personal Services Total Funds State Funds

$ (100,000) $ (100,000) $ (100,000)

and by (adding to) State funds for the Georgia Bureau of Investigation, Section 14, relating to State Fiscal Year 2005 the figure $100,000 and by (increasing) the object classes as listed below:

Regular Operating Expenses Total Funds

$ 100,000 $ 100,000

192

THURSDAY, MARCH 25, 2004

2099

State Funds

$ 100,000

Amendment increases funding for the Cleveland Regional Crime Lab

Senator Jackson of the 50th asked unanimous consent that her amendment # 2 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 1181 by offering the following amendment # 3: (removing from) State funds for the State of Georgia General Obligation Debt Sinking Fund, Section 38, relating to State Fiscal Year 2005 the figure $300,000 and by (decreasing) the object classes as listed below:

GO Debt Sinking Fund - New Total Funds State Funds

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

and by (adding to) State funds for the Department of Agriculture, Section 21, relating to State Fiscal Year 2005 the figure $300,000 and by (increasing) the object classes as listed below:

Personal Services Total Funds State Funds

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

Amendment reduces funding for the Water centers at Albany State and Georgia Southern and restores funding for the Department of Agriculture to help eliminate furloughs

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

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

E 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 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

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

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

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

On the adoption of the amendment, the yeas were 19, nays 35, and the Butler amendment # 3 was lost.

Senator Thomas of the 10th District moved to amend Senate Appropriations Committee Substitute to HB 1181 by offering the following amendment # 4: (removing from) State funds for the State of Georgia General Obligation Section 38, relating to State Fiscal Year 2005 the figure $225,000 and by (decreasing) the object classes as listed below:

GO Debt Sinking Fund - New Total Funds State Funds

$ (225,000) $ (225,000) $ (225,000)

and by (adding to) State funds for the Department of Human Resources Section 16, relating to State Fiscal Year 2005 the figure $225,000 and by (increasing) the object classes as listed below:

Purchase of Services Contracts Total Funds State Funds

$ 225,000 $ 225,000 $ 225,000

Amendment reduces funding for the Animal Health Research Center (UGA) project and restores funding for Tertiary Care Centers (High Risk Pregnant Women and Infants)

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

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

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

194

THURSDAY, MARCH 25, 2004

2101

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

Y 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 Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 23, nays 31, and the Thomas of the 10th amendment # 4 was lost.

Senator Meyer von Bremen of the 12th District moved to amend Senate Appropriations Committee Substitute to HB 1181 by offering the following amendment # 5: (removing from) State funds for the State of Georgia General Obligation Section 38, relating to State Fiscal Year 2005 the figure $60,000 and by (decreasing) the object classes as listed below:

GO Debt Sinking Fund - New Total Funds State Funds

$ (60,000) $ (60,000) $ (60,000)

and by (adding to) State funds for the Department of Industry, Trade and Tourism Section 17, relating to State Fiscal Year 2005 the figure $60,000 and by (increasing) the object classes as listed below:

Contracts Total Funds State Funds

$ 60,000 $ 60,000 $ 60,000

Amendment reduces funding for the Tomochichi Road straightening project (Ports Authority) and restores funding 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

E Harbison N Harp Y Henson N Hill Y Hooks

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

195

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JOURNAL OF THE SENATE

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

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 Starr N Stephens Y 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 23, nays 31, and the Meyer von Bremen amendment # 5 was lost.

Senator Brown of the 26th District moved to amend Senate Appropriations Committee Substitute to HB 1181 by offering the following amendment # 6: (removing from) State funds for the State of Georgia General Obligation Debt Sinking Fund, Section 38, relating to State Fiscal Year 2005 the figure $150,000 and by (decreasing) the object classes as listed below:

GO Debt Sinking Fund - New Total Funds State Funds

$ (150,000) $ (150,000) $ (150,000)

and by (adding to) State funds for the Department of Community Health, Section 8, relating to State Fiscal Year 2005 the figure $150,000 and by (increasing) the object classes as listed below:

Grant to Morehouse School of Medicine Total Funds State Funds

$ 150,000 $ 150,000 $ 150,000

Amendment reduces funding for the Georgia Ports Authority - Container Berth 8 bond project and reduces the cut to Morehouse

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

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THURSDAY, MARCH 25, 2004

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Y Adelman N Balfour Y Blitch N Bowen
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

E 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 Y Starr N Stephens Y 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 21, nays 33, and the Brown amendment # 6 was lost.

Senator Zamarripa of the 36th District moved to amend Senate Appropriations Committee Substitute to HB 1181 by offering the following amendment # 7: (removing from) State funds for the Department of Education, Section 11, relating to State Fiscal Year 2005 the figure $34,800 and by (decreasing) the object classes as listed below:

Contracts Total Funds State Funds

$ (34,800) $ (34,800) $ (34,800)

and by (adding to) State funds for the State of Georgia General Obligation Debt Sinking Fund, Section 38, relating to State Fiscal year 2005 the figure $34,800 and by (increasing) the object classes as listed below:

GO Debt Sinking Fund - New Total Funds State Funds

$ 34,800 $ 34,800 $ 34,800

Amendment reduces funding for the National Science Center and restores funding for design of a classroom building at Atlanta Technical college

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Senator Zamarripa of the 36th asked unanimous consent that his amendment # 7 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 1181 by offering the following amendment # 8: (removing from) State funds for the Department of Natural Resources, Section 24, relating to state Fiscal Year 2005 the figure $419,000 and by (decreasing) the object classes as listed below:

Personal Services Total Funds State Funds

$ (419,000) $ (419,000) $ (419,000)

and by (adding to) State funds for the Department of Human Resources, Section 16, relating to State Fiscal Year 2005 the figure $419,000 and by (increasing) the object classes as listed below:

Community Services Total Funds State Funds

$ 419,000 $ 419,000 $ 419,000

Amendment reduces funding for the Stormwater Management program and adds funding for the DeKalb Community Services Board

Senator Levetan of the 40th asked unanimous consent that her amendment # 8 be withdrawn. The consent was granted, and the amendment was withdrawn.

Senator Adelman of the 42nd offered the following amendment # 9:

Amend HB 1181 by inserting at page 12 of 54 at line 609 the following language: "Sliding scale premium for Katie Beckett Waiver Program shall not be implemented in FY '05."

Senator Adelman of the 42nd asked unanimous consent that his amendment # 9 be withdrawn. The consent was granted, and the amendment was withdrawn.

Senator Thompson of the 33rd District moved to amend Senate Appropriations Committee Substitute to HB 1181 by offering the following amendment # 10: (removing from) State funds for the State of Georgia General Obligation Debt Sinking Fund, Section 38, relating to State Fiscal Year 2005 the figure $400,000 and by (decreasing) the object classes as listed below:

GO Debt Sinking Fund - New

$ (400,000)

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Total Funds State Funds

$ (400,000) $ (400,000)

and by (adding to) State funds for the Secretary of State, Section 21, relating to State Fiscal Year 2005 the figure $400,000 and by (increasing) the object classes as listed below:

Regular Operating Expenses Computer Charges Total Funds State Funds

$ 370,000

$

30,000

$ 400,000

$ 400,000

Amendment reduces funding for the Forsyth Library ($400,000) and restores funding for reapportionment expenses

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
Fort N Gillis N Golden N Hall N Hamrick

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

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

On the adoption of the amendment, the yeas were 17, nays 36, and the Thompson amendment # 10 was lost.

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Senator Thompson of the 33rd district moved to amend Senate Appropriations Committee Substitute to HB 1181 by offering the following amendment # 11: (removing from) State funds for the State of Georgia General Obligation Debt Sinking Fund, Section 38, relating to State Fiscal Year 2005 the figure $174,000 and by (decreasing) the object classes as listed below:

GO Debt Sinking Fund - New Total Funds State Funds

$ (174,000) $ (174,000) $ (174,000)

and by (adding to) State funds for the State of Georgia General Obligation Debt Sinking Fund, Section 38, relating to State Fiscal Year 2005 the figure $174,000 and by (increasing) the object classes as listed below:

GO Debt Sinking Fund - New Total Funds State Funds

$ 174,000 $ 174,000 $ 174,000

Amendment removes funding for the Forsyth Library and adds funding for the Fannin Library

Senator Thompson of the 33rd asked unanimous consent that his amendment # 11 be withdrawn. The consent was granted, and the amendment was withdrawn.

Senator Stokes of the 43rd District moved to amend Senate Appropriations Committee Substitute to HB 1181 by offering the following amendment # 12: (removing from) State funds for the Department of Education, Section 11, relating to State Fiscal Year 2005 the figure $450,000 and by (decreasing) the object classes as listed below:

Contracts Total Funds State Funds

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

and by (adding to) State funds for the Department of Law, Section 21, relating to State Fiscal Year 2005 the figure $450,000 and by (increasing) the object classes as listed below:

Personal Services Regular Operating Expenses Total Funds State Funds

$ 300,000 $ 150,000 $ 450,000 $ 450,000

Amendment reduces funding for Fort Discovery and restores funding to the Law

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Department personal services and funds for books for the State Law Library

Senator Stokes of the 43rd asked unanimous consent that her amendment # 12 be withdrawn. The consent was granted, and the amendment was withdrawn.

Senator Tate of the 38th District moved to amend Senate Appropriations Committee Substitute to HB 1181 by offering amendment # 13: (removing from) State funds for Salary Adjustments, Section 48, relating to State Fiscal Year 2005 the figure $72,273,104 and by (adding to) State funds for the Department of Education, Section 11, relating to State Fiscal Year 2005 the figure $72,273,104 and by (increasing) the object classes as listed below:

Reductions to QBE Formula Earnings Total Funds State Funds

$ 72,273,104 $ 72,273,104 $ 72,273,104

Amendment moves salary increase date to January 1, 2005 (House Version) and increases funding for the QBE formula

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

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

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

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On the adoption of the amendment, the yeas were 25, nays 30, and the Tate amendment # 13 was lost.

Senator Thompson of the 33rd District moved to amend Senate Appropriations Committee Substitute to HB 1181 by offering the following amendment # 14: (removing from) State funds for the Department of Community Affairs, Section 7, relating to State Fiscal Year 2005 the figure $1,000,000 and by (decreasing) the object classes as listed below:

Personal Services Regular Operating Expenses Georgia Regional Transportation Authority Total Funds State Funds

$ (500,000) (50,000) (450,000)
$ (1,000,000) $ (1,000,000)

and by (adding to) State funds for the Board of Regents, University System of Georgia, Section 28, relating to State Fiscal Year 2005 the figure $1,000,000 and by (increasing) the object classes as listed below:

Research Consortium Total Funds State Funds

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

Amendment adds funding for Ovarian Cancer Research

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 Y Dean

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

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

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Y Fort N Gillis Y Golden N Hall N Hamrick

N Moody N Mullis N Price Y Reed N Seabaugh

N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 24, nays 30, and the Thompson amendment # 14 was lost.

Senator Smith of the 25th District moved to amend Senate Appropriations Committee Substitute to HB 1181 by offering the following amendment # 15: (removing from) State funds for the State of Georgia General Obligation Section 38, relating to State Fiscal Year 2005 the figure $150,000 and by (decreasing) the object classes as listed below:

GO Debt Sinking Fund - New 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 2005 the figure $150,000 and by (increasing) the object classes as listed below:

Personal Services Total Funds State Funds

$ 150,000 $ 150,000 $ 150,000

Amendment reduces funding for the Forsyth Library and increases funding for the Craig Nursing Home at Central State Hospital

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

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

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

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N Collins N Crotts
Dean Y Fort N Gillis N 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
Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 20, nays 32, and the Smith of the 25th amendment # 15 was lost.

Senator Henson of the 41st District moved to amend Senate Appropriations Committee Substitute to HB 1181 by offering the following amendment # 16: (removing from) State of Georgia General Obligation Debt Sinking Fund, Section 38, relating to State Fiscal Year 2005 the figure $200,000 and by (decreasing) the object classes as listed below:

GO Debt Sinking Fund - New Total Funds State Funds

$ (200,000) $ (200,000) $ (200,000)

and by (adding to) State funds for the Department of Agriculture, Section 28, relating to State Fiscal Year 2005 the figure $200,000 and by (increasing) the object classes as listed below:

Personal Services Total Funds State Funds

$ 200,000 $ 200,000 $ 200,000

Amendment reduces funding for the Forsyth Library and increases funding for Personal Services in Marketing and Promotion

Senator Henson of the 41st asked unanimous consent that his amendment # 16 be withdrawn. The consent was granted, and the amendment was withdrawn.

Senator Thompson of the 33rd District moved to amend Senate Appropriations Committee Substitute to HB 1181 by offering the following amendment # 17: (removing from) State funds for the Department of Administrative Services, Section 4, relating to State Fiscal Year 2005 the figure $25,000 and by (decreasing) the object classes as listed below:

Payments to Golf Hall of Fame

$ (25,000)

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Total Funds State Funds

$ (25,000) $ (25,000)

and by (adding to) State funds for the Department of Education, Section 11, relating to State Fiscal Year 2005 the figure $25,000 and by (increasing) the object classes as listed below:

Contracts Total Funds State Funds

$ 25,000 $ 25,000 $ 25,000

Amendment adds funding for Fort Discovery

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 N Golden N Hall N Hamrick

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

Y Seay N Shafer 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 Thompson amendment # 17 was lost.

Senator Zamarripa of the 36th District moved to amend Senate Appropriations Committee Substitute to HB 1181 by offering the following amendment # 18: (removing from) State funds for the State of Georgia General Obligation Debt Sinking Fund, Section 38, relating to State Fiscal Year 2005 the figure $435,000 and by (decreasing) the object

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classes as listed below:

GO Debt Sinking Fund - New Total Funds State Funds

$ (435,000) $ (435,000) $ (435,000)

and by (adding to) State funds for the State of Georgia General Obligation Debt Sinking Fund, Section 38, relating to State Fiscal Year 2005 the figure $435,000 and by (increasing) the object classes as listed below:

GO Debt Sinking Fund - New Total Funds State Funds

$ 435,000 $ 435,000 $ 435,000

Amendment reduces funding for Regents' Major Repairs and Maintenance and restores funding for design and construction of campus-wide facility infrastructure improvements for Georgia State University

Senator Zamarripa of the 36th asked unanimous consent that his amendment # 18 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 1181 by offering the following amendment # 19: (removing from) State funds for the State of Georgia General Obligation Debt Sinking Fund, Section 38, relating to State Fiscal Year 2005 the figure $30,000 and by (decreasing) the object classes as listed below:

GO Debt Sinking Fund - New Total Funds State Funds

$ (30,000) $ (30,000) $ (30,000)

and by (adding to) State funds for the State of Georgia General Obligation Debt Sinking Fund, Section 38, relating to State Fiscal Year 2005 the figure $30,000 and by (increasing) the object classes as listed below:

GO Debt Sinking Fund - New Total Funds State Funds

$ 30,000 $ 30,000 $ 30,000

Amendment reduces funding for the Coweta Library and adds design funds for Albany Tech building

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

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

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

Y Seay N Shafer 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 23, nays 32, and the Meyer von Bremen amendment # 19 was lost.

On the adoption of the substitute, the yeas were 52, 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:

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

E Harbison N 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 N Squires
Starr Y Stephens N Stokes Y Tanksley

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

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

Y Tate 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 42, nays 11.

HB 1181, having received the requisite constitutional majority, was passed by substitute.

Senator Hill of the 4th asked unanimous consent that HB 1181 be immediately transmitted to the House.

The consent was granted and HB 1181 was immediately transmitted.

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 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.

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

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.

Senator Clay of the 37th asked unanimous consent that the Senate insist on its substitute to HB 869.

The consent was granted, and the Senate insisted its substitute to HB 869.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House:

HB 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

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Code Section 15-21-150; to repeal Code Section 15-21-151; to repeal Code Section 15-21-152; and for other purposes.
The Speaker has appointed on the part of the House, Representatives Bordeaux of the 125th, Jenkins of the 93rd, and Porter of the 119th.
Mr. President:
The House has disagreed to the Senate substitute to the following Bill of the House:
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 bill was taken up to consider House action thereto:
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.
Senator Stephens of the 51st asked unanimous consent that the Senate insist on its substitute to HB 1181.
The consent was granted, and the Senate insisted its substitute to HB 1181.
The following bill was taken up to consider House action thereto:
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

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Code Section 15-21-151; to repeal Code Section 15-21-152; and for other purposes.
Senator Clay of the 37th asked unanimous consent that the Senate adhere to its substitute to HB 869 and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Balfour of the 9th, Clay of the 37th and Hall of the 22nd.
The following messages were received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House:
HB 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 Speaker has appointed on the part of the House, Representatives Buck of the 112th, Smyre of the 111th, and Parrish of the 102nd.

Mr. President:

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

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

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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.

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

SB 243.

By Senators Smith of the 52nd, Mullis of the 53rd, Bowen of the 13th, Tolleson of the 18th, Kemp of the 46th and others:

A BILL to be entitled an Act to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide that the Georgia Emergency Management Agency shall establish and maintain a standardized, verifiable, performance-based unified incident command system; to provide for the development of and instruction in such command system; to provide for the implementation of such command system; to provide penalties for local agencies that do not establish such command system by December 31, 2004; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

212

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2119

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.
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.
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.
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

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SB 555.

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of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.
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.
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.
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

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provide for related matters; to repeal conflicting laws; and for other purposes.
The House has passed, as amended, by the requisite constitutional majority the following Bill of the Senate:

SB 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 House has adopted by the requisite constitutional majority the following Resolutions of the Senate:

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.

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.

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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.

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.

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 following bill was taken up to consider House action thereto:

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.

Senator Stephens of the 51st asked unanimous consent that the Senate adhere to its substitute to HB 1181 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.

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

HB 1825. By Representatives Keen of the 146th, Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:

A BILL to amend an Act providing for a base year assessed value homestead exemption from Glynn 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; to allow such exemption to continue to be received by that unremarried surviving spouse; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

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HB 1826. By Representatives Keen of the 146th, Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to repeal that constitutional amendment duly ratified at the 1956 general election that was proposed by Res. Act No. 27; H.R. No. 59-163h; which continued said constitutional amendment in force and effect as part of the Constitution of the State of Georgia; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
The Calendar was resumed.
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.
Senate Sponsor: Senator Smith of the 52nd.

Senator Harp of the 16th moved that the Senate adjourn.

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

E Harbison Y Harp Y Henson N Hill
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 Shafer
Y Smith,F N Smith,P Y Squires
Starr N Stephens Y Stokes Y Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson N Tolleson

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N Gillis N Golden N Hall N Hamrick

JOURNAL OF THE SENATE

N Mullis N Price Y Reed N Seabaugh

Unterman N Williams Y Zamarripa

On the motion to adjourn the yeas were 25, nays 26; the motion to adjourn lost.

The Calendar was resumed.

The Senate Health and Human Services Committee substitute and amendments # 1 through # 20, including amendments to amendments; # 3a, # 5a, # 9a, # 13a and # 15a were read by the Secretary. Due to the quantity and length of the aforereferenced documents, all versions can be found in the Journal dated March 31, 2004.

Serving as doctor of the day was Dr. Elizabeth Clark.

Senator Dean of the 31st moved that the Senate adjourn until 10:00 a.m., Wednesday, March 31, 2004.

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 N Bulloch Y Butler N Cagle N Cheeks Y Clay N Collins Y Crotts Y Dean Y Fort Y Gillis

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

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N Golden Y Hall N Hamrick

N Price Y Reed N Seabaugh

N Williams Y Zamarripa

On the motion to adjourn the yeas were 30, nays 25; the motion prevailed, and pursuant to HR 1732, the President announced the Senate adjourned until 10:00 a.m., Wednesday, March 31, 2004 at 6:25 p.m.

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Senate Chamber, Atlanta, Georgia Wednesday, March 31, 2004 Thirty-eighth Legislative Day

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

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

Senator Kemp of the 46th moved that the Senate reconsider its action in defeating the following bill.

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.

Senate Sponsor: Senator Hamrick of the 30th.

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

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

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

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

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Y Gillis Golden
Y Hall Y Hamrick

Y Mullis Y Price Y Reed Y Seabaugh

Y Unterman Y Williams Y Zamarripa

On the motion, the yeas were 45, nays 2; the motion prevailed, and HB 1325 was reconsidered and placed on the General Calendar.

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:

SR 1027. By Senator Adelman of the 42nd:

A RESOLUTION creating the Senate Study Committee on Truck and Highway Safety; 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 656

Do Pass by substitute 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 1720

Do Pass by substitute Respectfully submitted, Senator Hill of the 4th District, Chairman

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Mr. President:

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

HB 316 Do Pass

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 363 Do Pass as amended HB 1048 Do Pass by substitute HB 1208 Do Pass by substitute

HB 1539 Do Pass HB 1626 Do Pass
Respectfully submitted, Senator Brush of the 24th District, Chairman

Mr. President:

The Education Committee has had under consideration the following appointments made by Governor Perdue in letters dated March 10, 2004 and March 24, 2004, and has instructed me to report the same back to the Senate with the following recommendation:

Appointees, listed as follows, be confirmed by the Senate.

Committee Recommendations

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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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 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.
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.

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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.
The Honorable Lula Bell Hutchinson of Dougherty 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.

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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, 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,

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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.
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.

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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.
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.

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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.
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.

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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.
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.

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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.
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.

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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.
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.

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JOURNAL OF THE SENATE

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.
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.

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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.
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.

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JOURNAL OF THE SENATE

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.
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.

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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 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.
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

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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 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.

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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.
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,

245

2152

JOURNAL OF THE SENATE

2004, and for the subsequent term of office ending April 1, 2008.

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 1105 HB 1184 HB 1384

Do Pass Do Pass Do Pass

HB 1520 HB 1656 HB 1775

Do Pass by substitute Do Pass Do Pass

Respectfully submitted, Senator Cagle of the 49th 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:

SR 997 SR 998

Do Pass Do Pass

Respectfully submitted, Senator Gillis of the 20th 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 1379

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:

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HB 1168 Do Pass HB 1245 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 919 HB 932 HB 949 HB 960 HB 975 HB 1144 HB 1146 HB 1247 HB 1316 HB 1367 HB 1373 HB 1414 HB 1590 HB 1591 HB 1592 HB 1601 HB 1602 HB 1603 HB 1604 HB 1611 HB 1619 HB 1621 HB 1622 HB 1629 HB 1630 HB 1661 HB 1662 HB 1663 HB 1664

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass as amended Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

HB 1666 HB 1667 HB 1668 HB 1693 HB 1708 HB 1716 HB 1718 HB 1738 HB 1745 HB 1748 HB 1762 HB 1764 HB 1776 HB 1777 HB 1782 HB 1783 HB 1784 HB 1787 HB 1788 HB 1789 HB 1795 HB 1802 HB 1828 HR 1402 HR 1577 SB 589 SB 631 SB 634

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

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Respectfully submitted, Senator Unterman of the 45th 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 1418 Do Pass

Respectfully submitted, Senator Kemp of the 3rd 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 1022

Do Pass by substitute Respectfully submitted, Senator Williams of the 19th District, Chairman

The following legislation was read the second time:

HB 363 HB 656 HB 1022 HB 1048 HB 1105

HB 1168 HB 1184 HB 1208 HB 1245

HB 1247 HB 1373 HB 1379 HB 1384

HB 1414 HB 1418 HB 1520 HB 1539

HB 1626 HB 1656 HB 1708 HB 1720

HB 1775 HR 1402 SR 997 SR 998

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 Seay of the 34th asked unanimous consent that Senator Thomas of the 10th be excused. The consent was granted, and Senator Thomas was excused.

Senator Reed of the 35th asked unanimous consent that Senator Levetan of the 40th be excused. The consent was granted, and Senator Levetan was excused.

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

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

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

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

Not answering were Senators:

Blitch (Excused)

Levetan (Excused)

Tate

Thomas, N (Excused)

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

Senators:

Levetan

Tate

The members pledged allegiance to the flag.

The President introduced the chaplain of the day, Apostle Jonathan E. Alvardo of Decatur, Georgia, who offered scripture reading and prayer.

Senator Harp of the 16th introduced Phebe Callaway Robinson, commended by SR 992, adopted previously.

Senator Lee of the 29th introduced Miss Troup County, Stephanie Inks.

The following resolutions were read and adopted:

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SR 1028. By Senator Kemp of the 46th:
A RESOLUTION commending the centennial of the City of Winterville; and for other purposes.
SR 1029. By Senators Balfour of the 9th and Unterman of the 45th:
A RESOLUTION commending the Grayson High School Rams girls softball team; and for other purposes.
SR 1030. By Senator Balfour of the 9th:
A RESOLUTION commending the Parkview High School Panthers wrestling team; and for other purposes.
SR 1031. By Senator Balfour of the 9th:
A RESOLUTION recognizing and commending Mr. Michael Herring for outstanding contributions to public education in the State of Georgia and on his 2004 Berkmar High School Teacher of the Year award; and for other purposes.
SR 1032. By Senator Balfour of the 9th:
A RESOLUTION recognizing and commending Sandra Peterson upon the occasion of her selection as the 2003-2004 Parkview High School Teacher of the Year; and for other purposes.
SR 1033. By Senator Balfour of the 9th:
A RESOLUTION recognizing and commending Lisa Cole upon the occasion of her selection as the 2003-2004 Central Gwinnett High School Teacher of the Year; and for other purposes.
SR 1034. By Senator Balfour of the 9th:
A RESOLUTION recognizing and commending Mr. Rick Barry for outstanding contributions to public education in the State of Georgia and for receiving the 2004 Brookwood High School Teacher of the Year Award; and for other purposes.
SR 1035. By Senator Balfour of the 9th:
A RESOLUTION recognizing and commending Mr. Rick Wood for

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outstanding contributions to public education in the State of Georgia and for receiving the 2004 Grayson High School Teacher of the Year award; and for other purposes.
SR 1036. By Senator Balfour of the 9th:
A RESOLUTION recognizing and commending Mr. Judson Bridges for outstanding contributions to public education in the State of Georgia and for receiving the 2004 Collins Hill High School Teacher of the Year award; and for other purposes.
SR 1037. By Senator Balfour of the 9th:
A RESOLUTION recognizing and commending Mr. William Nye for outstanding contributions to public education in the State of Georgia and for receiving the 2004 South Gwinnett High School Teacher of the Year award; and for other purposes.
SR 1038. By Senator Balfour of the 9th:
A RESOLUTION commending the Brookwood High School Academic Bowl Teams; and for other purposes.
SR 1039. By Senators Stephens of the 51st, Lamutt of the 21st and Moody of the 27th:
A RESOLUTION commending and congratulating the Honorable Charles T. Robertson II; and for other purposes.
SR 1040. By Senator Levetan of the 40th:
A RESOLUTION recognizing Mr. Morgan D. Wheeler, Sr., chairperson of the Building Officials Association of Georgia; and for other purposes.
SR 1041. By Senators Thomas of the 10th, Butler of the 55th, Levetan of the 40th, Henson of the 41st and Adelman of the 42nd:
A RESOLUTION honoring Narvie J. Harris; and for other purposes.
SR 1042. By Senators Butler of the 55th, Thomas of the 10th, Stokes of the 43rd, Adelman of the 42nd, Henson of the 41st and others:
A RESOLUTION honoring and remembering the life of Christopher Jamall Moody; and for other purposes.

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SR 1043. By Senator Thomas of the 10th:
A RESOLUTION honoring Sergeant Vincent LaGeorge Robinson, Jr.; and for other purposes.
SR 1044. By Senator Tolleson of the 18th:
A RESOLUTION commending Georgia nurses and recognizing Georgia Nurses Week at the state capitol; and for other purposes.
SR 1045. By Senator Seabaugh of the 28th:
A RESOLUTION commending Andrew Youmans on attaining the rank of Eagle Scout; and for other purposes.
SR 1046. By Senator Seabaugh of the 28th:
A RESOLUTION commending the Coweta County African American Heritage Museum and Research Center; and for other purposes.
SR 1047. By Senator Seabaugh of the 28th:
A RESOLUTION commending Cody Disque; and for other purposes.
SR 1048. By Senator Hill of the 4th:
A RESOLUTION commending Gladiators, Inc. and recognizing it on the occasion of its 50th anniversary; and for other purposes.
SR 1049. By Senator Hill of the 4th:
A RESOLUTION recognizing Mossy Oak Music Park; and for other purposes.
SR 1050. By Senator Balfour of the 9th:
A RESOLUTION commending and recognizing Miss Diana DeGarmo; and for other purposes.
SR 1054. By Senators Clay of the 37th and Thompson of the 33rd:
A RESOLUTION commending and congratulating the Kennesaw State University women's soccer team; and for other purposes.

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Senator Clay of the 37th recognized the Kennesaw State University Women's Soccer Team, commended by SR 1054. Senator Thompson of the 33rd recognized the NCAA Division II Men's Basketball National Championship Team from Kennesaw State University, as well as Kennesaw State University Women's Soccer Coach Rob King and University President Betty Siegel. Rob King and President Siegel addressed the Senate briefly.
Senator Unterman of the 45th introduced Special Olympics Gold Medal Winner, Casey Craig, commended by SR 975, adopted previously. Coach Lee Tidmore addressed the Senate briefly.
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 1832.

By Representatives Dooley of the 33rd, Post 3, Manning of the 32nd, Teilhet of the 34th, Post 2, Hines of the 35th, Parsons of the 29th and others:

A BILL to provide a homestead exemption from City of Marietta ad valorem taxes for municipal purposes in the amount of $22,000.00 of the assessed value of the homestead for certain residents of that city who are disabled; and for other purposes.

HB 1833. By Representatives Jenkins of the 93rd, Crawford of the 91st and Howell of the 92nd:

A BILL to amend an Act creating the Lamar County Livestock and Agricultural exposition Authority, so as to change the provisions relating to the membership of the authority; and for other purposes.

SB 370. By Senator Kemp of the 3rd:

A BILL to be entitled an Act to provide that future elections for the office of probate judge of Wayne County and for the office of chief magistrate of Wayne County shall be nonpartisan elections held at the time of certain general primary elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related

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matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

HB 1832. By Representatives Dooley of the 33rd, Post 3, Manning of the 32nd, Teilhet of the 34th, Post 2, Hines of the 35th, Parsons of the 29th and others:

A BILL to provide a homestead exemption from City of Marietta ad valorem taxes for municipal purposes in the amount of $22,000.00 of the assessed value of the homestead for certain residents of that city who are disabled; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 1833. By Representatives Jenkins of the 93rd, Crawford of the 91st and Howell of the 92nd:

A BILL to amend an Act creating the Lamar County Livestock and Agricultural exposition Authority, so as to change the provisions relating to the membership of the authority; and for other purposes.

Referred to the State and Local Governmental Operations 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 31, 2004 Thirty-eighth Legislative Day

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

SB 589

Lee of the 29th Hamrick of the 30th Dean of the 31st CARROLL COUNTY

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

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SB 634 HB 919 HB 932

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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. (AMENDMENT)
Hamrick of the 30th Dean of the 31st CARROLLTON, CITY OF
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.
Smith of the 52nd Mullis of the 53rd WALKER COUNTY
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.
Cheeks of the 23rd Brush of the 24th COLUMBIA COUNTY
A BILL to provide for the compensation of the coroner of Columbia County; and for other purposes.
Moody of the 27th Unterman of the 45th

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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.
Johnson of the 1st Kemp of the 3rd MCINTOSH COUNTY
A BILL to amend an Act creating the Board of Education of McIntosh County, so as to provide new districts for the election of members; to renumber the education districts; to provide for the completion of terms; to provide that new districts and new numerical designations shall conform to those districts adopted for the board of commissioners in 1997; and for other purposes.
Harp of the 16th Tolleson of the 18th PERRY, CITY OF
A BILL to repeal the amendment to the Georgia Constitution which created the Perry Industrial Building Authority, which amendment to the Constitution was proposed by Resolution Act No. 219 of the 1962 General Assembly and was continued in force and effect by an Act approved March 20, 1986; to provide that the property of the authority shall revert to the City of Perry; and for other purposes.
Moody of the 27th Tanksley of the 32nd Reed of the 35th Tate of the 38th Fort of the 39th Levetan of the 40th Price of the 56th FULTON COUNTY
A BILL to 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-

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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.
Hooks of the 14th Harbison of the 15th Harp of the 16th MUSCOGEE COUNTY
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.
Dean of the 31st CEDARTOWN, CITY OF
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.
Collins of the 6th Lamutt of the 21st Tanksley of the 32nd Thompson of the 33rd Clay of the 37th Tate of the 38th COBB COUNTY
A BILL to amend an Act creating the 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.
Collins of the 6th Lamutt of the 21st Tanksley of the 32nd Thompson of the 33rd Clay of the 37th Tate of the 38th COBB COUNTY

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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.
Golden of the 8th REMERTON, CITY OF
A BILL to provide a new charter for the City of Remerton; and for other purposes.
Hooks of the 14th MARION COUNTY
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.
Cheeks of the 23rd CANDLER COUNTY
A BILL to provide that future elections for the office of probate judge of Candler County shall be nonpartisan elections; and for other purposes.
Hudgens of the 47th ELBERT COUNTY
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.
Thomas of the 10th Levetan of the 40th Henson of the 41st Adelman of the 42nd Stokes of the 43rd Butler of the 55th DEKALB COUNTY

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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.
Meyer von Bremen of the 12th TERRELL COUNTY
A BILL to reconstitute the Board of Education of Terrell County; to change the description of the education districts; and for other purposes.
Hooks of the 14th PRESTON, CITY OF
A BILL to provide a new Charter for the City of Preston in the County of Webster; and for other purposes.
Golden of the 8th LOWNDES COUNTY
A BILL to create the Lowndes County Public Facilities Authority; and for other purposes.
Kemp of the 3rd ODOM, CITY OF
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.
Stephens of the 51st FANNIN COUNTY
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.
Jackson of the 50th WHITE COUNTY WATER AND SEWERAGE AUTHORITY
A BILL to amend an Act creating the White County Water and

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Sewerage Authority, so as to change the provisions relating to terms of members of the authority; and for other purposes.
Cagle of the 49th Stephens of the 51st PICKENS COUNTY
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.
Unterman of the 45th Kemp of the 46th BARROW COUNTY
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. (SUBSTITUTE)
Hill of the 4th EFFINGHAM COUNTY
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.
Collins of the 6th Lamutt of the 21st Tanksley of the 32nd Thompson of the 33rd Clay of the 37th Tate of the 38th COBB COUNTY
A BILL to amend an Act creating the State Court of Cobb County, so as to provide for certain costs and the provisions relating to costs in such court; and for other purposes. Gillis of the 20th LAURENS COUNTY
A BILL to amend an Act providing for the Magistrate Court of

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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.
Collins of the 6th Lamutt of the 21st Tanksley of the 32nd Thompson of the 33rd Clay of the 37th Tate of the 38th COBB COUNTY
A BILL to amend an Act 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.
Williams of the 19th JEFF DAVIS COUNTY
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.
Gillis of the 20th EAST DUBLIN, CITY OF
A BILL to amend an Act providing a charter for the City of East Dublin, so as to change the corporate limits of the city; and for other purposes.
Cheeks of the 23rd Brush of the 24th COLUMBIA COUNTY
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

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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.
Lee of the 29th Brush of the 24th GRAY, CITY OF
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.
Meyer von Bremen of the 12th Bowen of the 13th Hooks of the 14th LEE COUNTY
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.
Hamrick of the 30th Dean of the 31st CARROLL COUNTY
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.
Seabaugh of the 28th Lee of the 29th TROUP COUNTY
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.

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

HB 1144

Meyer von Bremen of the 12th RANDOLPH COUNTY

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

Meyer von Bremen of the 12th CLAY COUNTY

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.

HB 1367

Smith of the 25th PUTNAM COUNTY

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 1603

Smith of the 25th HANCOCK COUNTY

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.

HB 1662

Collins of the 6th Tanksley of the 32nd Thompson of the 33rd SMYRNA, CITY OF

A BILL to amend an Act to provide for a $10,000.00 homestead

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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.
Thomas of the 54th MURRAY COUNTY
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.
Thomas of the 54th MURRAY COUNTY
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.
Stephens of the 51st FANNIN COUNTY
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.
Stephens of the 51st FANNIN COUNTY
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.

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Smith of the 52nd Mullis of the 53rd Thomas of the 54th DALTON, CITY OF
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.
Smith of the 52nd Mullis of the 53rd Thomas of the 54th DALTON, CITY OF
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.
Blitch of the 7th WARE COUNTY
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.
Blitch of the 7th WARE COUNTY
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.
Smith of the 52nd TRION, TOWN OF
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.

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HB 1828

Cheeks of the 23rd METTER, CITY OF

A BILL to amend an Act to provide a new charter for the City of Metter, so as to change provisions relating to the powers and duties of the mayor; to provide for a council-manager form of government; to provide for a city manager; to provide for the duties of the city manager; and for other purposes.

HB 1802

Blitch of the 7th LAKELAND, CITY OF

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.

The amendment to the following bill was put upon its adoption:

*SB 589:

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

Amend SB 589 by striking Section 6 and inserting in its place the following:

"SECTION 6. 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 51, nays 0, and the committee amendment was adopted.

The substitute to the following bill was put upon its adoption:

*HB 1716:

The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1716:

A BILL TO BE ENTITLED

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AN ACT
To create a board of elections and registration for Barrow County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for compensation of members of the board; to provide for offices and equipment; to provide for personnel, including a supervisor, and compensation; to provide for the boards performance of certain functions and duties for certain municipalities; 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. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created, effective January 1, 2005, the Board of Elections and Registration of Barrow County, hereinafter referred to as "the board." The board shall have the powers and duties of the former Superintendent of Elections of Barrow County relating to the conduct of primaries and elections and shall have the powers and duties of the former Board of Registrars of Barrow County relating to the registration of voters and absentee balloting procedures.
SECTION 2. The terms "election," "elector," "political party," "primary," and "public office" shall have the same meanings as set forth in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from the text of this Act, and the term "commissioners" means the Board of Commissioners of Barrow County and "county" means Barrow County.
SECTION 3. The board shall be composed of five members, each of whom shall be an elector and resident of the county and who shall be appointed as provided in this section. Two members of the board shall be appointed by the political party which received the highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member. Two members of the board shall be appointed by the political party which received the second highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of such member. Each of the members appointed by political parties shall be nominated by the chairperson and ratified by the county executive committee of the respective political party at least 30 days before the beginning of the term of office or within 30 days after the creation of a vacancy in the office. In the event

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that a political party entitled to appoint a member of the board does not have a county executive committee, such appointment shall be made by the state executive committee of such political party. One member shall be appointed by the chief judge of the Superior Court of Barrow County. The chief judge of the Superior Court of Barrow County shall appoint one of the members of the board to serve as chairperson. In making the initial appointments to the board, the members shall be selected at least 30 days prior to January 1, 2005. Initial members and their successors shall be appointed for terms of four years and until their successors are duly appointed and qualified. The term of each initial member shall commence on January 1, 2005.
SECTION 4. No person who holds elective public office shall be eligible to serve as a member during the term of such elective office, and the position of any member shall be deemed vacant upon such members qualifying as a candidate for elective public office.
SECTION 5. The chief judge of the Superior Court of Barrow County shall certify the appointment of each member by filing an affidavit with the clerk of the superior court no later than 15 days preceding the date upon which such members are to take office, stating the name and residential address of the person appointed and certifying such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.
SECTION 6. Each member of the board shall be eligible to serve successive terms, shall have the right to resign at any time by giving written notice of such resignation to the appointing body and to the clerk of the superior court, and shall be subject to removal from the board by the appointing body at any time, for cause, after notice and hearing.
SECTION 7. In the event a vacancy occurs in the office of any appointed member before the expiration of his or her term, by removal, death, resignation, or otherwise, the original appointing body shall appoint a successor to serve the remainder of the unexpired term as provided for in Section 3 of this Act. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members.
SECTION 8. Before entering upon the members duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.

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SECTION 9. (a) The board shall be authorized to organize itself, determine its procedural rules and regulations, adopt bylaws, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with the laws of this state. Action and decision by the board shall be by a majority of the members of the board. The board shall be responsible for the selection, appointment, and training of poll workers in primaries and elections, and such workers shall be appointed, insofar as practicable, from lists provided to the board by the county executive committee of each political party. (b) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold regular meetings and shall meet not fewer than three times per year. Any specially called meeting shall be called by the chairperson or any two members. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review.
SECTION 10. The board shall have the authority to contract with any municipality located within Barrow County for the holding by the board of any primary or election to be conducted within such municipality.
SECTION 11. Compensation for the members of the board, clerical assistants, and other employees of the board shall be fixed by the Board of Commissioners of Barrow County. Such compensation shall be paid wholly from county funds.
SECTION 12. The supervisor of elections and registration for Barrow County shall not be a member of the board. The supervisor shall be appointed and removed by the governing authority of Barrow County in the same manner as department heads. The supervisor shall provide daily employee supervision, serve as staff support for the board, attend all meetings of the board, carry out the duties of voter registration and elections as required by law, and be a full-time employee of Barrow County.
SECTION 13. The Board of Commissioners of Barrow County shall provide the board with such proper and suitable offices, equipment, materials, and supplies and with such clerical assistance and other employees as the Board of Commissioners of Barrow County deems appropriate.
SECTION 14. This Act shall become effective January 1, 2005, except that for purposes of making initial appointments to the board only, Sections 3 and 5 shall become effective December

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1, 2004. On January 1, 2005, the Superintendent of Elections of Barrow County and the Board of Registrars of Barrow County shall be relieved of all powers and duties to which the board succeeds by the provisions of this Act and shall deliver to the board all equipment, supplies, materials, books, papers, records, and facilities pertaining to such powers and duties.

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

On the adoption of the substitute, the yeas were 51, 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 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 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
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 local legislation, the yeas were 51, nays 0.

The legislation on the Local Consent Calendar except for SB 589 and HB 1716, having received the requisite constitutional majority, was passed.

SB 589, having received the requisite constitutional majority, was passed as amended.

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HB 1716, having received the requisite constitutional majority, was passed by substitute.

NOTICE OF MOTION TO RECONSIDER:

HB 1325

HOPE scholarships; eligibility; amend provisions (Substitute) (H ED-30th) McBee-74th

SENATE RULES CALENDAR WEDNESDAY, MARCH 31, 2004 THIRTY-EIGHTH LEGISLATIVE DAY

HB 1161

Probation Management Act; enact (Amendment) (PS&HS-53rd) Powell-23rd

SR 989

Senate Study Committee on Excavation Safety; create (Substitute)(RI&Util-28th)

HB 1265

Physicians; licenses; temporary postgraduate training permits (H&HS-54th) Childers-13th

HB 1028

Georgia Hospital Insurance Authority; create (Substitute) (H&HS-52nd) Powell-23rd

HR 1308

Atlanta Regional Commission; certain counties; ratify partial incorporation (SLGO(G)-37th) Barnes-84th

HB 502

Juvenile court judges; compensation from state funds; adjustment (Substitute)(JUDY-37th) Bordeaux-125th

HB 653

Cigarettes and tobacco products; prohibit possession by minors (JUDY-37th) Rogers-15th

HB 810

Superior court clerks; fees and records; extend sunset dates (S JUDY-22nd) Jenkins-93rd

HB 984

Income tax credits; certain counties; telecommunications (Substitutes)(FIN-1st) Purcell-122nd

HB 1003

Residential and General Contractors, State Licensing Board; create (Substitute)(RI&Util-28th) Powell-23rd

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HB 1011 HB 1093 HB 1107 HB 1138 HB 1136 HB 1167 HB 1428 HB 1526 HB 1528 HB 1547 HB 1582 HB 1615 HB 1766 HB 1362 HB 1190

HOPE scholarships; eligibility; schools with certain accreditation (H ED-30th) McBee-74th
Child molestation; first offender sentence; certain prohibition (JUDY-30th) Hill-81st
Bona fide conservation use property; undeveloped riverside or streamside lands (FIN-49th) Rogers-20th
Smoking in motor vehicle with child in car seat; define offense (Substitute)(H&HS-54th) Smith-13th
Transportation Infrastructure Bank Act; enact (Substitute) (TRANS-19th) Lunsford-85th
Architecture; registration to practice; amend requirements (RI&Util-24th) Forster-3rd
Home study programs; qualifications of tutors (ED-56th) Westmoreland-86th
Childhood vaccination registry; include all persons from birth to death (H&HS-54th) Harbin-80th
Sales tax exemption; certain tangible personal property; certain corporate attractions (FIN-49th) Royal-140th
Student Finance Authority; editorial changes; certain definitions (H ED-30th) Greene-134th
Public funds; certain write-offs; Department of Technical and Adult Education (H ED-30th) Martin-37th
Surface and ground water; interbasin and intrabasin transfers; regulate (Substitute)(NR&E-49th) McCall-78th
Aquaculture Development Act of 2004; enact provisions (Substitute)(AG&CA-11th) James-114th
Lifetime sportsman's licenses; certain nonresidents; provisions (NR&E-20th) Parrish-102nd
Education; amend provisions (Substitute)(ED-24th) O`Neal-117th

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HB 1227

Jury duty; exempt certain caregivers and home school teachers (Substitute)(JUDY-30th) Westmoreland-86th

HB 1259

Family violence and stalking offenses; persons convicted; publication of photo (Substitute) (Amendment) (JUDY-22nd) Burmeister-96th

HB 1282

Taxes; tobacco products; licensure, definitions, penalties (FIN-49th) Epps-90th

HB 1295

State Public Transportation Fund; priority of expenditures and allocation of funds (Substitute)(TRANS-19th) Smith-13th

HB 1303

Perfection of hospital, nursing home, and traumatic burn care medical practice liens; change certain provisions (Substitute) (H&HS-54th) Jamieson-22nd

HB 1335

Sentence reduction; review panel; memorandum of decision (Substitute)(JUDY-30th) Boggs-145th

HB 346

Sales tax; educational purposes; local boards; performance audit (Substitute)(Amendment) (FIN-49th) Millar-52nd

HB 1408

Sewage holding tanks; commercial waste; regulation (NR&E-9th) Watson-60th
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 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.

Senate Sponsor: Senator Mullis of the 53rd.

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The Senate Public Safety and Homeland Security Committee offered the following amendment:

Amend HB 1161 by striking line 4 of page 4 and inserting in lieu thereof the following: "(4) 'Electronic monitoring' means supervising, mapping, or tracking the location of a probationer".

By striking line 7 of page 4 and inserting in lieu thereof the following: "or global positioning systems which may coordinate data with crime scene information."

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:

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

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

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D
Thomas,N 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 1161, having received the requisite constitutional majority, was passed as amended.

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Senators Johnson of the 1st and Thomas of the 2nd recognized Memorial Health, commended by SR 1013, adopted previously. Bob Calvin, President of Memorial Health, addressed the Senate briefly.
The Calendar was resumed.
SR 989. By Senator Seabaugh of the 28th:
A RESOLUTION creating the Senate Study Committee on Excavation Safety; and for other purposes.
The Senate Regulated Industries and Utilities Committee offered the following substitute to SR 989:
A RESOLUTION
Creating the Senate Study Committee on Excavation Safety; and for other purposes.
WHEREAS, Georgia law presently requires utility facility owners and operators to locate their utility facilities at the request of an excavator; and
WHEREAS, the location of utility facilities is necessary to protect the public from physical harm, prevent injury to persons and property, and prevent interruptions of utility service resulting from damage to utility facilities caused by excavating; and
WHEREAS, directional drilling or boring and certain other methods of excavating increase the chances that utility facilities may be damaged, particularly those that are not locatable through cost-effective and traditional means; and
WHEREAS, concerns have been raised about the feasibility, practicality, and costeffectiveness of locating customer sewer laterals and utility facilities that are not locatable through traditional means, including but not limited to nonconductive utility facilities and nonmetallic underground facilities that have no trace wires; and
WHEREAS, growth and development throughout the State of Georgia has resulted in an increasing amount of excavation that has increased the risk of injury to persons and damage to property, as well as damage to the variety of utility facilities; and
WHEREAS, concerns have been expressed about the ability of facility owners or operators to comply with current law, particularly due to increased growth, high-volume locate requests, and technological capabilities of locate equipment as compared to excavating equipment, as well as the ability under current law to realistically hold parties that violate the law accountable for such violations and for damages caused; and

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WHEREAS, current law requires all utilities to be members of the utilities protection center and such membership can be encouraged by making the cost of membership in the utilities protection center and the cost of utilizing the services of the utilities protection center commensurate with the number of locate requests received and made by a utility, the number of utility customers, and the gross receipts of the utility; and
WHEREAS, many local governments provide utility services and the levying of penalties against such local governments may divert public resources from improving the ability of local governments to locate their utility facilities through the acquisition of new or additional technology or the training of personnel; and
WHEREAS, greater cooperation between utility owners, contractors, excavators, the Public Service Commission, and the utilities protection center could simplify the locating and excavating processes while at the same time facilitating public safety in a manner that encourages all parties to bear the responsibility of promoting such safety; and
WHEREAS, additional information and study would be helpful in determining whether legislation is advisable to address these issues.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate Study Committee on Excavation Safety to be composed of five members of the Senate to be appointed by the Senate Committee on Assignments. The Senate Committee on Assignments shall designate a member of the committee as chairperson of the committee. The chairperson shall appoint an advisory council to the committee which shall be comprised of representatives of counties, municipalities, water or sewer utilities, the Public Service Commission, the utilities protection center, excavators, contractors, developers, Atlanta Gas Light Company, Georgia Power, Municipal Electric Authority of Georgia, Georgia Electric Membership Corporation, Municipal Gas Authority of Georgia, the telecom industry, the cable industry, and such other parties as the chairperson deems appropriate. The chairperson shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before

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December 31, 2004. The committee shall stand abolished on December 31, 2004.

On the adoption of the substitute, the yeas were 29, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the 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 Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle
Cheeks Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Hall Hamrick

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

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

On the adoption of the resolution, the yeas were 47, nays 0.

SR 989, having received the requisite constitutional majority, was adopted by substitute.

Senator Tolleson of the 18th introduced the doctor of the day, Dr. Gary Williams.

Senator Balfour of the 9th recognized the South Gwinnett High School Boys Basketball Team, commended by SR 988, adopted previously.

The Calendar was resumed.

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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.

Senate Sponsor: Senator Thomas of the 54th.

Senator Butler of the 55th offered the following amendment:

Amend HB 1265 (LC 33 0226) by inserting on line 3 of page 1 immediately following "license;" the following:
"to change certain provisions relating to delegation of authority to nurse or physician's assistant;".

By striking the word "or" at the end of line 13 of page 2 and inserting in lieu thereof "or", and by striking line 16 of page 2 and inserting in its place the following:
"authorized instructor lawfully licensed in this state to perform such tasks; or (C) Any nursing task by a student enrolled in a nursing program approved by the Georgia Board of Nursing where any such task is performed under the supervision of an authorized instructor lawfully licensed in this state to perform such tasks.'"

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

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

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

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 Y Tolleson N Unterman N Williams

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N Hall N Hamrick

Y Reed N Seabaugh

Y Zamarripa

On the adoption of the amendment, the yeas were 26, nays 26, and the Butler amendment was lost.

Senator Thomas of the 10th moved that the Senate reconsider its action in defeating the Butler amendment.

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

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

Y Harbison N Harp 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 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 27, nays 28, the motion lost; and the amendment was not reconsidered.

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

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

Y Adelman Y Balfour E Blitch Y Bowen

Y Harbison Y Harp Y Henson Y Hill

Y Seay Shafer
Y Smith,F Y Smith,P

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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 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

Y Squires Y 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 51, nays 2.

HB 1265, 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 substitute, by the requisite constitutional majority the following Bill of the Senate:

SB 179.

By Senators Thomas of the 54th, Unterman of the 45th, Mullis of the 53rd, Smith of the 52nd, Balfour of the 9th and others:

A BILL to be entitled an Act to enact the "Patient Safe Prescription Drug Act"; to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for electronic prescription drug orders; to define certain terms; to require electronic prescription drug orders to meet certain requirements; to prohibit access to electronic prescription drug orders from the time of transmission until receipt by the designated pharmacy; to prohibit certain restrictions of practitioners; to prohibit a patients choice of retail pharmacy; to provide for an exemption for institutions using electronic medical record systems; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Senators Johnson of the 1st and Thomas of the 2nd recognized Anthony R. James, commended by SR 958, adopted previously. Mr. James addressed the Senate briefly.

Senator Balfour of the 9th recognized the Brookwood High School Debate Team, commended by SR 1019, adopted previously.

Senator Balfour of the 9th recognized the Brookwood High School Cross Country Team, commended by SR 1014, adopted previously.

Senator Balfour of the 9th recognized the Brookwood High School Lady Broncos Swim Team, commended by SR 1015, adopted previously.

Senator Kemp of the 46th recognized the Clarke Central High School Mock Trial Team, commended by SR 1001, adopted previously.

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

Mr. President:

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

SB 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 Butler of the 55th introduced Corry McNamara, commended by SR 816, adopted previously. Corry McNamara addressed the Senate briefly.

At 12:15 p.m. the President announced that the Senate would stand in recess until 1:30 p.m.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:

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The House has passed, by substitute, by the requisite constitutional majority the following Resolution 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.

Mr. President:

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

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.

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

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

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

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 provide for limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

Mr. President:

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The House has adopted, by substitute, by the requisite constitutional majority the following Resolution 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.

Mr. President:

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

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.

Mr. President:

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

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.

Mr. President:

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

SB 281.

By Senators Kemp of the 3rd, Tanksley of the 32nd, Harp of the 16th, Hooks of the 14th and Cheeks of the 23rd:

A BILL to be entitled an Act to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to prohibit the sale or offer for sale of a child by any parent or guardian of a child; to provide for penalties; to repeal conflicting laws; and for other purposes.

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.

The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House:

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.

The House has adopted the report of the Committee of Conference (LC 25 3716S) 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

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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 Calendar was resumed.
Senator Hooks of the 14th asked unanimous consent that he be excused from voting on HB 1028 pursuant to Senate Rule 175. The consent was granted, Senator Hooks was excused and the following letter was received by the Secretary:
The State Senate Atlanta, Georgia 30334
March 31, 2004
Honorable Mark Taylor Lt. Governor of Georgia 240 State Capitol Atlanta, Georgia 30334
RE: HB 1028
Dear Mark,
Pursuant to the legal advice of Legislative Counsel, I am advised and will request the application of Senate Rule 175 (a) on the above referenced House Bill, which is in conflict with my business.
Sincerely,
/s/ George Hooks
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.
Senate Sponsor: Senator Smith of the 52nd.

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Senators Lee of the 29th, Seabaugh of the 28th and Mullis of the 53rd offered the following amendment # 1:
Amend HB 1028 by striking the quotation marks at the end of line 23 of page 13 and inserting immediately following such line, the following:
"31-46-19. Any other provision of this chapter to the contrary notwithstanding, no debt, obligation, or liability of the authority shall be, become, or be construed to be a debt, obligation, or liability of the state or any political subdivision of the state.'"
Senator Lee of the 29th asked unanimous consent that his amendment # 1 be withdrawn. The consent was granted, and the amendment was withdrawn.
The Senate Health and Human Services Committee offered the following substitute to HB 1028:
A BILL TO BE ENTITLED AN ACT
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for legislative findings with respect to a crisis in the field of hospital and medical liability insurance; to address such crisis through provision of insurance and certain civil justice reforms; to create the Georgia Hospital and Medical Liability 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; to provide for the filling of vacancies; to provide for the powers, duties, operations, and financial affairs of the authority; to provide for the general purpose of the authority; to prescribe standards relating to vicarious liability of medical facilities for actions of health care providers; to provide for qualifications of experts and allocation of liability in medical malpractice actions; 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. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at its end a new Chapter 46 to read as follows:
"CHAPTER 46 ARTICLE 1
31-46-1. (a) The General Assembly finds that there presently exists a crisis in the field of

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hospital and medical liability insurance. Hospitals and other health care providers in this state are having increasing difficulty in locating liability insurance and, when such hospitals and providers are able to locate such insurance, the insurance is extremely costly. The result of this crisis is the potential for a diminution of the availability of access to health care services and the resultant effect on the health and well-being of the citizens of this state. (b) The General Assembly further finds that the state has a significant interest in ensuring the availability of liability insurance for hospitals and health care providers in this state at reasonable cost to the providers. The General Assembly further finds that the provision of such insurance to providers through the authority created in this chapter will result in the increased availability of health care services for the citizens of this state which is of substantial benefit to the state and its citizens. (c) The General Assembly further finds that certain civil justice reforms as provided in this chapter will promote predictability and improvement in the resolution of health care liability claims and thereby assist in promoting the provision of health care liability insurance by the authority created in this chapter and other insurance providers.
ARTICLE 2
31-46-20. This chapter shall be known and may be cited as the 'Georgia Hospital and Medical Liability Insurance Authority Act.'
31-46-21. This chapter, being for the health and welfare of the state and its inhabitants, shall be liberally construed to effect its purposes.
31-46-22. (a) There is created a body corporate and politic to be known as the Georgia Hospital and Medical Liability Insurance Authority which shall be deemed to be a public corporation of the State of Georgia by that name, style, and title. Said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. (b) The authority shall consist of 13 members as follows:
(1) Three members shall be appointed by the Governor. The terms of the initial members appointed by the Governor shall begin July 1, 2004, and one such member shall serve for a term of two years, one such member shall serve for a term of three years, and one such member shall serve for a term of four years. Thereafter, all members appointed by the Governor shall serve for terms of four years; (2) Three members shall be appointed by the President of the Senate. The terms of the initial members appointed by the President of the Senate shall begin July 1, 2004, and one such member shall serve for a term of two years, one such member shall serve for a term of three years, and one such member shall serve for a term of four

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years. Thereafter all members appointed by the President of the Senate shall serve for terms of four years; (3) Three members shall be appointed by the Speaker of the House of Representatives for terms concurrent with the Speakers term as Speaker; and (4) The following shall serve ex officio: the state auditor, the commissioner of community health, the Commissioner of Insurance, and the director of the Risk Management Division of the Department of Administrative Services. All members shall serve until their successors are appointed and qualified. All members shall be residents of Georgia. (c) The members of the authority shall elect one of their members as chairperson and another as vice chairperson. They shall also elect a secretary and a treasurer who need not be members. The offices of secretary and treasurer may be combined in one person. (d) The authority may make such bylaws for its government as is deemed necessary but is under no obligation to do so. (e) Any nine members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this chapter, except that the votes of a majority of the total membership of the authority shall be required in order for the authority to incur any obligation or indebtedness or enter into any contract or agreement. No person shall be entitled to exercise or cast a proxy vote for any member. No vacancy on the authority shall impair the right of a quorum to transact any and all business. (f) The members shall receive no compensation for their services; but all members shall be entitled to be reimbursed from funds of the authority for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the authority, for their services. (g) A vacancy in one of the appointive positions shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
31-46-23. As used in this article, the term:
(1) 'Authority' means the Georgia Hospital and Medical Liability Insurance Authority created in Code Section 31-46-22. (2) 'Bond,' 'bonds,' or 'revenue bonds' means revenue bonds, refunding notes, notes, interim certificates, bond anticipation notes, and other evidences of indebtedness of the authority issued under this chapter. (3) 'Health care provider' means any person licensed under Chapter 9, 11, 26, 30, 33, 34, 35, or 39 of Title 43 who provides care or assistance to an individual within the scope of the health care providers licensure or any association, partnership, professional corporation, or other group of such persons who provide such care or assistance within the scope of their licensure.

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(4) 'Medical facility' means any licensed general or specialized hospital, institutional infirmary, public health center, or diagnostic and treatment center.
31-46-24. (a) The authority shall have power:
(1) To have a seal and alter the same at pleasure; (2) To adopt, amend, and repeal bylaws and rules consistent with this chapter to regulate its affairs, to carry into effect the powers and purposes of the authority, and to conduct its business; (3) To acquire by purchase, lease, or otherwise, with the exception of eminent domain, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (4) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue; to lease or make contracts with respect to the use of the same; or to dispose of the same in any manner it deems to the best advantage of the authority; (5) To appoint, select, and employ officers, agents, consultants, and employees, including, but not limited to, fiscal agents, actuaries, accountants, risk managers, health care and financial experts, and attorneys, and fix their respective compensations; (6) To appoint, select, and employ an executive director; (7) To make contracts and leases and to execute all instruments necessary or convenient and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character. Any and all persons, firms, and corporations; the state; and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. The authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia, or the United States government, or any agency or department thereof; (8) To invest and reinvest funds; (9) To provide, obtain, or purchase insurance or reinsurance agreements or both under such terms and conditions as the authority deems appropriate; (10) To settle and pay claims under such insurance agreements under such conditions and terms as the authority deems appropriate; (11) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (12) To accept loans or grants of money or materials or property of any kind from the

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State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (13) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; (14) To sell, convey, mortgage, pledge, assign, lease, exchange, transfer, or otherwise dispose of all or any part of its property or assets; (15) To borrow money for any corporate purposes from any bank, banks, or other lending institutions and to execute evidences of such indebtedness and to secure the same; (16) To fix, alter, charge, and collect premiums from participating medical facilities and health care providers for insurance provided by or procured by the authority, such rates to be at least sufficient to provide for payment of all expenses of the authority, the conservation, maintenance, and operation of the authority on a sound actuarial basis, the payment of principal and interest on its notes, bonds, and other evidences of indebtedness or obligation, and to fulfill the terms and provisions of any agreement made with the purchasers and holders of any such notes, bonds, or other evidences of indebtedness or obligation; and (17) To do all things necessary or convenient to carry out the powers expressly given in this chapter. (b) No part of the revenues or assets of the authority may inure to the benefit of or be distributable to its members or officers or other private persons. Any net earnings of the authority beyond that necessary for retirement of authority indebtedness or to implement the public purposes of this chapter shall inure to the benefit of the state. Upon termination or dissolution, all rights and properties of the authority shall pass to and are vested in the state, subject to the rights of lienholders and other creditors.
31-46-25. (a) The executive director shall approve all accounts for salaries, allowable expenses, and expenses incidental to the operation of the authority. (b) The executive director shall manage the staff and employees of the authority under the direction and approval of the authority. (c) The executive director shall attend the meetings of the authority and shall maintain a record of the proceedings of the authority along with all books, documents, and papers filed with the authority, the minutes of the authority, and its official seal. The executive director may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates.
31-46-26. (a) Without limiting the generality of any provisions of this chapter, the general purpose of the authority is declared to be that of providing or procuring insurance for

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public and private medical facilities and health care providers in this state. The authority may develop, market, finance, and maintain one or more programs of insurance for such medical facilities and health care providers as desire to participate in such programs, and the authority shall be authorized to do any and all things deemed by the authority to be necessary, convenient, or desirable for and incident to the efficient and proper development and operation of such types of undertakings. (b) The authority and its activities shall not be subject to Title 33. The Commissioner of Insurance may, however, adopt and enforce rules, regulations, and standards to ensure the fiscal and actuarial soundness of the authority and its activities, and all records of the authority shall be open at any time to inspection by the Commissioner of Insurance or his or her authorized agents.
31-46-27. In developing programs of insurance for those medical facilities and health care providers that desire to participate in such programs, the authority may establish such eligibility standards and underwriting criteria for participation as the authority deems appropriate, including but not limited to: (1) requirements that participating medical facilities and health care providers assume a part or parts of any insured risks; and (2) contractual requirements for payment of premiums or assessments or both.
31-46-28. (a) All meetings of the authority shall be open to the public at all times. Ample notice shall be given to all members of the authority and to the public of any special or called meeting of the authority. The minutes of all meetings and all actions taken by the authority shall likewise be open to public inspection. (b) Each purchase made on behalf of the authority of personal property or services in excess of $20,000.00 shall be accomplished pursuant to competitive bids, after having published invitations to bid in one or more newspapers in general circulation in the state prior to the award of any contract. All bids shall be opened during meetings of the authority, and the rejection or acceptance thereof shall be entered upon the minutes of the authority. (c) Any surplus or unserviceable property of the authority shall be disposed of pursuant to competitive bids which shall be advertised in one or more newspapers in general circulation in the state. All bids for the disposal of such property shall be opened during public meetings of the authority, and the acceptance or rejection thereof shall be entered upon the minutes of the authority. (d) At the conclusion of each fiscal year of the authority, the affairs of the authority shall be audited by a certified public accounting firm and a report of such audit shall be submitted to the General Assembly for review.
31-46-29. (a) Every member of the authority and every employee of the authority who knowingly has any interest, direct or indirect, in any contract to which the authority is or is about

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to become a party, in any other business of the authority, or in any firm or corporation doing business with the authority shall make full disclosure of such interest to the authority. Failure to disclose such an interest shall constitute cause for which an authority member may be removed or an employee discharged or otherwise disciplined at the discretion of the authority. (b) Any contract or transaction of the authority involving a conflict of interest not disclosed under subsection (a) of this Code section or involving a violation of any other provision of law regulating conflicts of interest which is applicable to the authority or its members, officers, or employees shall be voidable by the authority.
31-46-30. The Attorney General shall provide legal services for the authority and Code Sections 45-15-13 through 45-15-16 shall apply with respect to such provision of legal services.
31-46-31. (a) The authority may issue bonds for the purposes of this chapter, including without limitation the provision of initial capital or reserves or both needed for the provision or procurement of insurance services by the authority. (b) The authority shall have the power to borrow money and to issue bonds, regardless of whether the interest payable by the authority incident to such loans or bonds or income derived by the holders of the evidence of such indebtedness or bonds is, for purposes of federal taxation, includable in the taxable income of the recipients of such payments or is otherwise not exempt from the imposition of such taxation on the recipient. (c) No bonds, notes, or other obligations of, and no indebtedness incurred by, the authority shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or its agencies or a cause of action against the state or its agencies. (d) It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and are a public purpose and the authority will be performing an essential government function in the exercise of the powers conferred upon it by this chapter. The state covenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by the authority or under the jurisdiction, control, possession, or supervision of the authority or upon the activities of the authority in the financing of the activities financed by the authority or upon any principal, interest, premium, fees, charges, or other income received by the authority and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption from taxation is declared to specifically extend to any subsidiary corporation created by the board of directors of the authority but shall not extend to tenants or lessees of the authority unless otherwise exempt from taxation. The

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exemption from taxation shall include exemptions from sales and use taxes on property purchased by the authority or for use by the authority. (e) The state does pledge to and agree with the holders of any bonds issued by the authority pursuant to this chapter that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the benefit of the holders of bonds or in any way impair the rights and remedies of bondholders until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged or funds for the payment of such are fully provided. The authority is authorized to include this pledge and agreement of the state in any agreement with bondholders.
31-46-32. (a) The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 5 of Title 10, the 'Georgia Securities Act of 1973.' No notice, proceeding, or publication except those required in this chapter is necessary to the performance of any act authorized in this chapter; nor is any such act subject to referendum. (b) The authority shall fix such rates, fees, and charges for use of its services and facilities as is sufficient in the aggregate, when added to any other grants or funds available to the authority, to provide funds for the payment of the interest on and principal of all bonds payable from said revenues and to meet all other encumbrances upon such revenues as provided by any agreement executed by the authority in connection with the exercise of its powers under this chapter and for the payment of all operating costs and expenses which shall be incurred by the authority, including provisions for appropriate reserves. (c) The use and disposition of the authoritys revenue is subject to the provisions of the resolutions authorizing the issuance of any bonds payable therefrom or of the trust agreement or indenture, if any, securing the same. The authority may designate any of its bonds as general obligations or may limit the source of repayment pursuant to the resolution authorizing the issuance of the bonds. (d) The making of any loan commitment or loan, and the issuance, in anticipation of the collection of the revenues from such loan or loans, of bonds to provide funds therefor, may be authorized under this chapter by resolution of the authority. Unless otherwise provided therein, such resolution shall take effect immediately and need not be published or posted. The authority, in determining the amount of such bonds, may include all costs and estimated costs of the issuance of the bonds; all fiscal, legal, and trustee expenses; and all costs of the project. Such bonds may also be issued to pay off, refund, or refinance any outstanding bonds or other obligations of any nature, whether or not such bonds or other obligations are then subject to redemption; and the authority may provide for such arrangements as it may determine for the payment and security of the bonds being issued or for the payment and security of the bonds or other obligations to be paid off, refunded, or refinanced.

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(e) Bonds may be issued under this chapter in one or more series; may bear such date or dates; may mature at such time or times, not exceeding 40 years from their respective dates; may bear interest at such rate or rates, payable at such time or times; may be payable in such medium of payment at such place or places; may be in such denomination or denominations; may be in such form, either coupon or registered or book entry; may be issued in such specific amounts; may carry such registration, conversion, and exchangeability privileges; may be declared or become due before the maturity date thereof; may provide such call or redemption privileges; may have such rank or priority; may be the subject of a put or agreement to repurchase by the authority or others; may be resold by the authority, once acquired, without the acquisition being considered the extinguishment of the bonds; may be issued for a project or for more than one project, whether or not such project is identified at the time of bond issuance; and may contain such other terms, covenants, assignments, and conditions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. The authority may sell such bonds in such manner, at such price or prices, and on such terms and conditions as the authority determines. (f) The bonds must be signed by the chairperson or vice chairperson of the authority; the corporate seal of the authority must be impressed, imprinted, or otherwise reproduced on the bonds; and the bonds must be attested by the signature of the secretary or assistant secretary of the authority. The signatures of the officers of the authority and the seal of the authority on any bond issued by the authority may be facsimile if the instrument is authenticated or countersigned by a trustee other than the authority itself or an officer or employee of the authority. All bonds issued under authority of this chapter bearing signatures or facsimiles of signatures of officers of the authority in office on the date of the signing thereof are valid and binding, notwithstanding that before the delivery thereof and payment therefor such officers whose signatures appear thereon have ceased to be officers of the authority. Pending the preparation of the definitive bonds, interim certificates, in such form and with such provisions as the authority may determine, may be issued to the purchasers of bonds to be issued under this chapter. (g) The provisions of this chapter and of any bond resolution, indenture, or trust agreement entered into pursuant to this chapter are a contract with every holder of the bonds; and the duties of the authority under this chapter and under any such bond resolution, indenture, or trust agreement are enforceable by any bondholder by mandamus or other appropriate action or proceeding at law or in equity. (h) The authority may provide for the replacement of any bond which becomes mutilated, lost, or destroyed in the manner provided by the resolution, indenture, or trust agreement. (i) Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' the usury laws of this state, or any other laws of this state do not apply to bonds of the authority. (j) All bonds issued by the authority under this chapter shall be issued and shall be validated by the Superior Court of Fulton County, Georgia, under and in accordance

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with the procedures set forth in Code Sections 36-82-73 through 36-82-83, which comprise a portion of the 'Revenue Bond Law,' as now or hereafter in effect, except as provided in this chapter. Notes and other obligations of the authority may be, but are not required to be, so validated. (k) All bonds must bear a certificate of validation signed by the clerk of the Superior Court of Fulton County, Georgia. Such signature may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry is original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (l) The authority shall reimburse the district attorney for his or her actual costs, if any, associated with the bond validation proceedings. The fees payable to the clerk of the Superior Court of Fulton County for validation and confirmation shall be as follows for each bond, regardless of the denomination of such bond: $1.00 for each bond for the first 100 bonds; 25 for each of the next 400 bonds; and 10 for each bond over 500. (m) In lieu of specifying the rate or rates of interest which bonds to be issued by the authority are to bear, the notice to the district attorney or the Attorney General; the notice to the public of the time, place, and date of the validation hearing; and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and the petition and complaint or may state that, if the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which may be fixed or may fluctuate or otherwise change from time to time, so specified; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (n) Prior to issuance, all bonds shall be subject to the approval of the Georgia State Financing and Investment Commission. (o) Any other law to the contrary notwithstanding, this chapter shall govern all civil claims, proceedings, and actions respecting debt of the authority evidenced by bonds.

31-46-33. The bonds authorized by this chapter are securities in which:
(1) All public officers and bodies of this state; (2) All local governments of this state; (3) All insurance companies and associations and other persons carrying on an insurance business; (4) All banks, bankers, trust companies, saving banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; (5) All administrators, guardians, executors, trustees, and other fiduciaries; and

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(6) All other persons whomsoever who are authorized to invest in bonds or other obligations of this state may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are also securities which may be deposited with and shall be received by all public officers and bodies of this state and local governments for any purpose for which deposit of the bonds or other obligations of this state is authorized.
31-46-34. (a) All or any part of the gross or net revenues and earnings derived from any particular loan or loans and any and all revenues and earnings received by the authority, regardless of whether such revenues and earnings were produced by a particular loan or loans for which bonds have been issued, may be pledged by the authority to the payment of the principal of and interest on bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any indenture or trust agreement pertaining to such bonds. (b) Such funds so pledged, from whatever source received, may include funds received from one or more of all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or indenture or trust agreement, which sinking funds may be pledged to and charged with the payment of:
(1) The interest on such bonds as such interest becomes due; (2) The principal of the bonds as the same mature; (3) The necessary charges of any trustee, paying agent, or registrar for such bonds; (4) Any premium on bonds retired on call or purchase; and (5) Reimbursement of a credit enhancement provider who has paid principal of or premium or interest on any bond. (c) The use and disposition of any sinking fund may be subject to regulations for which provision may be made in the resolution authorizing the issuance of the bonds or in the trust instrument or indenture securing the payment of the same.
31-46-35. (a) Any issue of bonds may be secured by a trust agreement or indenture made by the authority with a corporate trustee, which may be any trust company or bank having the power of a trust company inside or outside this state. Such trust agreement or indenture may pledge or assign all revenue, receipts, and earnings to be received by the authority from any source and any proceeds which may derive from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. (b) The resolution providing for the issuance of bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver on default in the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rates, fees, and charges pertaining to any loan, any overdue principal and interest on any loan, any overdue principal of and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish

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the collection of such sums in the event of any default of the authority. (c) Such resolution, trust agreement, or indenture may include covenants setting forth the duties of the authority regarding the custody, safeguarding, and application of all funds of the authority, including any proceeds derived from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. In addition, such resolution, trust agreement, or indenture may include covenants providing for the operation, maintenance, repair, and insurance of any facility or capital improvements constructed or acquired with loan proceeds. (d) All expenses incurred in carrying out any trust agreement or indenture under this Code section may be treated as a part of the cost of financing and administering the loans that will be funded or acquired with the proceeds of the bonds governed by such trust agreement or indenture.
31-46-36. (a) All moneys received pursuant to the provisions of this chapter, whether as proceeds from the sale of bonds or other obligations, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The authority shall, in the resolution providing for the issuance of bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes expressed in this chapter, subject to such regulations as this chapter and such resolution or trust indenture may provide. (b) The authority may pledge for the payment of its bonds such assets, funds, and properties as the resolution providing for the issuance of its bonds may provide. Any such pledge made by the authority is valid and binding from the time when the pledge is made; the moneys or properties so pledged and thereafter received by the authority are immediately subject to the lien of such pledge without any physical delivery thereof or further act; and the lien of any such pledge is valid and binding as against all parties having claims of any kind against the authority, irrespective of whether such parties have notice thereof. No resolution or any other instrument by which a pledge is created need be recorded.
ARTICLE 3
31-46-50. As used in this article:
(1) The terms 'medical facility' and 'health care provider' have the meanings specified in Code Section 31-46-23. (2) The term 'medical malpractice action' means an action arising out of any alleged act or omission in the provision of health care services or assistance by a medical facility or health care provider.

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31-46-51. (a) Notwithstanding the provisions of Code Section 51-2-5, no medical facility which complies with the notice provisions of subsection (b) of this Code section shall be vicariously liable for the acts or omissions of a health care provider unless there exists an actual employment relationship between the medical facility and the health care provider. (b) The medical facility shall post a notice in the form and manner described herein. Such notice shall:
(1) Be posted conspicuously in the medical facility lobby or a public area of the medical facility and in the admitting area of the medical facilitys emergency department, if any such area exists; (2) Contain print at least one inch high; and (3) Provide language substantially similar to the following:
'Some or all of the physicians and other health care providers performing services in this medical facility are independent contractors and are not medical facility employees. Independent contractors are responsible for their own actions, and the medical facility shall not be liable for the acts or omissions of any such independent contractors.' (c) The notice required in this Code section shall be sufficient if it meets the requirements of subsection (b) of this Code section even if the patient or the patients personal representative did not see the notice.
31-46-52. (a) If scientific, technical, or other specialized knowledge will assist the trier of fact in a medical malpractice action to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise, if:
(1) The testimony is based upon sufficient facts or data which have been admitted into evidence; (2) The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case. (b) In medical malpractice actions, the opinions of an expert, who is otherwise qualified as to the standard of conduct of a health care provider whose conduct is at issue, shall be admissible only if, at the time the act or omission is alleged to have occurred, such expert: (1) Was licensed by an appropriate regulatory agency to practice his or her profession in the state in which such expert was practicing or teaching in the profession at such time; (2) Had actual professional knowledge and experience in the area of practice or specialty in which the opinion is to be given, including the diagnosis or treatment of the condition at issue, or the performance of the procedure or procedures at issue; and (3) Had been regularly engaged in:

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(A) The active practice of such area of practice or specialty of his or her profession for at least half of his or her professional time during three of the last five years immediately preceding such time; (B) The teaching of such area of practice or specialty of his or her profession for at least half of his or her professional time as an employed member of the faculty of an educational institution which has been accredited in the teaching of his or her profession for at least three of the last five years immediately preceding such time; or (C) Any combination of the active practice or the teaching of his or her profession in a manner which meets the requirements of subparagraphs (A) and (B) of this paragraph for at least three of the last five years immediately preceding such time. (c) An expert meeting the requirements set forth in subsection (b) of this Code section shall not be deemed unqualified to testify solely by virtue of the fact the expert is in a different specialty from the health care provider whose conduct is at issue as long as such expert is licensed in the same profession as such health care provider. (d) The admissibility of proposed expert testimony under this Code section may be addressed before trial and the court may hold evidentiary or other hearing in connection with its disposition of such issues. (e) An affiant must meet the requirements of this Code section in order to be deemed qualified to testify as an expert by means of the affidavit required under Code Section 9-11-9.1.
31-46-53. (a) Where a medical malpractice action is brought against one or more persons and the plaintiff is to some degree responsible for the injury or damages claimed, the trier of fact, in its determination of the total amount of damages to be awarded, if any, shall determine the percentage of negligence of the plaintiff and shall reduce the amount of damages otherwise awarded to the plaintiff in proportion to his or her negligence compared with that of the person or persons liable for the injury or damages claimed. (b) Where a medical malpractice action is brought against more than one person, the trier of fact, in its determination of the total amount of damages to be awarded, if any, shall after a reduction of damages pursuant to subsection (a) of this Code section, if any, apportion its award of damages among the persons who are liable according to the degree of fault of each person. Damages apportioned by the trier of fact as provided in this Code section shall be the liability of each person against whom they are awarded, shall not be a joint liability among the persons liable, and shall not be subject to any right of contribution. (c) Notwithstanding the provisions of this Code section and any other provisions of law which might be construed to the contrary, the plaintiff shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed. (d) This Code section shall not affect venue provisions regarding joint actions. (e) With respect to medical malpractice actions, this Code section shall control over

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any conflicting provisions of Title 51 or any other law."
SECTION 2. This Act shall become effective July 1, 2004. The provisions of Article 3 of Chapter 46 of Title 31 of the Official Code of Georgia Annotated, as enacted by this Act, shall apply only to causes of action arising on or after July 1, 2004.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Senators Shafer of the 48th, Price of the 56th, Balfour of the 9th and Mullis of the 53rd offered the following amendment # 1:
Amend the Senate Health and Human Services Committee substitute to HB 1028 by striking lines 18 through 27 on page 16 and inserting in lieu thereof the following:
"each person. Except as provided in subsection (c) of this Code section, damages apportioned by the trier of fact as provided in this Code section shall be the liability of each person against whom they are awarded, shall not be a joint liability among the persons liable, and shall not be subject to any right of contribution. (c) If, in a case in which claims are brought against one or more physicians, nurses, or other individual health care providers and against one or more hospitals or other health care facilities, the trier of fact finds that the acts of multiple defendants, including at least one hospital or other health care facility, contributed to the injury or death that is the subject of the case and the trial court finds, following entry of judgment, that the portion of the amount of the judgment allocated to an individual physician, nurse, or other individual health care provider exceeds the limits of the applicable insurance coverage available to such physician, nurse, or other individual health care provider, then the amount of the judgment in excess of such insurance coverage shall be the joint liability of the hospitals or other health care facilities found by the trier of fact to have contributed to the injury or death that is the subject of the case to the extent of any unexhausted coverage available to such hospitals or other health care facilities under any applicable liability insurance or self-insurance plan. (d) Notwithstanding the provisions of this Code section and any other provisions of law which might be construed to the contrary, the plaintiff shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed. (e) This Code section shall not affect venue provisions regarding joint actions. (f) With respect to medical malpractice actions, this Code section shall control over any conflicting provisions of Title 51 or any other law.'"
Senators Price of the 56th and Unterman of the 45th offered the following amendment # 1a:

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Amend amendment #1 to the Committee substitute to HB 1028 by striking all matter beginning with line 2 of page 1 through the end of the document and inserting in lieu thereof the following:
"Amend the committee substitute to HB 1028 by striking all matter beginning with line 1 of page 1 through the end of the document and inserting in lieu thereof the following:
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for legislative findings with respect to a crisis in the field of hospital and medical liability insurance; to address such crisis through provision of insurance and certain civil justice reforms; to create the Georgia Hospital and Medical Liability 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; to provide for the filling of vacancies; to provide for the powers, duties, operations, and financial affairs of the authority; to provide for the general purpose of the authority; to prescribe standards relating to vicarious liability of medical facilities for actions of health care providers; to provide for qualifications of experts and allocation of liability in medical malpractice actions; to provide for other related matters; to repeal conflicting laws; to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to limit the maximum aggregate amount of noneconomic damages in medical malpractice actions to $750,000.00 and provide for periodic payments of certain damages in such actions; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 0.1.
Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding at the end of Article 1 of Chapter 12 a new Code Section 51-12-15 to read as follows: "51-12-15
(a) As used in this Code section, the term: (1) `Claimant' means a person, including a decedents estate, who seeks or has sought recovery of damages in a health care liability claim. All persons claiming to have sustained damages as the result of the bodily injury or death of a single person are considered a single claimant. (2) `Health care provider' means any person licensed under Chapter 9,11,26, 30,33,34,35, or 39 of Title 43 who provides care or assistance to an individual within the scope of the health care provider's licensure or any association, partnership, professional corporation, or other group of such persons who provide such care or assistance within the scope of their licensure. (3) `Medical facility' means any licensed general or specialized hospital, institutional infirmary, public health center, or diagnostic and treatment center.

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(4) `Medical malpractice action' means an action arising out of any alleged act or omission in the provision of health care services or assistance by a medical facility or health care provider. (5) 'Noneconomic damages' means damages for physical and emotional pain, discomfort, anxiety, hardship, distress, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, injury to reputation, and all other nonpecuniary losses of any kind or nature. This term does not include past or future:
(A) Medical expenses, including rehabilitation and therapy; (B) Wages; (C) Income; (D) Funeral and burial expenses; (E) The value of services performed by the injured in the absence of the injury or death; or (F) Other monetary expenses. (b) In any verdict returned or judgment entered in a medical malpractice action, including an action for wrongful death, against one or more health care providers, the total amount recoverable by a claimant for noneconomic damages in such action shall be limited to an amount not to exceed $250,000.00, regardless of the number of defendant health care providers against whom the claim is asserted or the number of separate causes of action on which the claim is based. (c) In any verdict returned or judgment entered in a medical malpractice action, including an action for wrongful death, against a single medical facility, inclusive of all persons and entities for which vicarious liability theories may apply, the total amount recoverable by a claimant for noneconomic damages in such action shall be limited to an amount not to exceed $250,000.00, regardless of the number of separate causes of action on which the claim is based. (d) In any verdict returned or judgment entered in a medical malpractice action, including an action for wrongful death, against more than one medical facility, inclusive of all persons and entities for which vicarious liability theories may apply, the total amount recoverable by a claimant for noneconomic damages in such action shall be limited to an amount not to exceed $250,000.00 from any single medical facility and $500,000.00 from all medical facilities, regardless of the number of defendant medical facilities against whom the claim is asserted or the number of separate causes of action on which the claim is based. (e) In applying subsections (b), (c), and (d) of this Code section, the aggregate amount of noneconomic damages recoverable under such subsections shall in no event exceed $750,000.00. (f) In any medical malpractice action, if an award of future damages equaling or exceeding $250,000.00 is made against any party in the action, the trial court shall, upon the request of any party, issue an order providing that such damages be paid by periodic payments. Such periodic payments shall be funded through an annuity policy with the premium for such annuity equal to the amount of the award for future

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damages."
SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at its end a new Chapter 46 to read as follows:
CHAPTER 46 ARTICLE 1
"31-46-1. (a) The General Assembly finds that there presently exists a crisis in the field of hospital and medical liability insurance. Hospitals and other health care providers in this state are having increasing difficulty in locating liability insurance and, when such hospitals and providers are able to locate such insurance, the insurance is extremely costly. The result of this crisis is the potential for a diminution of the availability of access to health care services and the resultant effect on the health and well-being of the citizens of this state. (b) The General Assembly further finds that the state has a significant interest in ensuring the availability of liability insurance for hospitals and health care providers in this state at reasonable cost to the providers. The General Assembly further finds that the provision of such insurance to providers through the authority created in this chapter will result in the increased availability of health care services for the citizens of this state which is of substantial benefit to the state and its citizens. (c) The General Assembly further finds that certain civil justice reforms as provided in this chapter will promote predictability and improvement in the resolution of health care liability claims and thereby assist in promoting the provision of health care liability insurance by the authority created in this chapter and other insurance providers.
ARTICLE 2
31-46-20. This chapter shall be known and may be cited as the 'Georgia Hospital and Medical Liability Insurance Authority Act'. 31-46-21. This chapter, being for the health and welfare of the state and its inhabitants, shall be liberally construed to effect its purposes.
31-46-22. (a) There is created a body corporate and politic to be known as the Georgia Hospital and Medical Liability Insurance Authority which shall be deemed to be a public corporation of the State of Georgia by that name, style, and title. Said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity.

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(b) The authority shall consist of 13 members as follows: (1) Three members shall be appointed by the Governor. The terms of the initial members appointed by the Governor shall begin July 1, 2004, and one such member shall serve for a term of two years, one such member shall serve for a term of three years, and one such member shall serve for a term of four years. Thereafter, all members appointed by the Governor shall serve for terms of four years; (2) Three members shall be appointed by the President of the Senate. The terms of the initial members appointed by the President of the Senate shall begin July 1, 2004, and one such member shall serve for a term of two years, one such member shall serve for a term of three years, and one such member shall serve for a term of four years. Thereafter all members appointed by the President of the Senate shall serve for terms of four years; (3) Three members shall be appointed by the Speaker of the House of Representatives for terms concurrent with the Speakers term as Speaker; and (4) The following shall serve ex officio: the state auditor, the commissioner of community health, the Commissioner of Insurance, and the director of the Risk Management Division of the Department of Administrative Services.
All members shall serve until their successors are appointed and qualified. All members shall be residents of Georgia. (c) The members of the authority shall elect one of their members as chairperson and another as vice chairperson. They shall also elect a secretary and a treasurer who need not be members. The offices of secretary and treasurer may be combined in one person. (d) The authority may make such bylaws for its government as is deemed necessary but is under no obligation to do so. (e) Any nine members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this chapter, except that the votes of a majority of the total membership of the authority shall be required in order for the authority to incur any obligation or indebtedness or enter into any contract or agreement. No person shall be entitled to exercise or cast a proxy vote for any member. No vacancy on the authority shall impair the right of a quorum to transact any and all business. (f) The members shall receive no compensation for their services; but all members shall be entitled to be reimbursed from funds of the authority for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the authority, for their services. (g) A vacancy in one of the appointive positions shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
31-46-23. As used in this article, the term:

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(1) 'Authority' means the Georgia Hospital and Medical Liability Insurance Authority created in Code Section 31-46-22. (2) 'Bond', 'bonds', or 'revenue bonds' means revenue bonds, refunding notes, notes, interim certificates, bond anticipation notes, and other evidences of indebtedness of the authority issued under this chapter. (3) 'Health care provider' means any person licensed under Chapter 9, 11, 26, 30, 33, 34, 35, or 39 of Title 43 who provides care or assistance to an individual within the scope of the health care providers licensure or any association, partnership, professional corporation, or other group of such persons who provide such care or assistance within the scope of their licensure. (4) 'Medical facility' means any licensed general or specialized hospital, institutional infirmary, public health center, or diagnostic and treatment center.
31-46-24. (a) The authority shall have power:
(1) To have a seal and alter the same at pleasure; (2) To adopt, amend, and repeal bylaws and rules consistent with this chapter to regulate its affairs, to carry into effect the powers and purposes of the authority, and to conduct its business; (3) To acquire by purchase, lease, or otherwise, with the exception of eminent domain, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (4) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue; to lease or make contracts with respect to the use of the same; or to dispose of the same in any manner it deems to the best advantage of the authority; (5) To appoint, select, and employ officers, agents, consultants, and employees, including, but not limited to, fiscal agents, actuaries, accountants, risk managers, health care and financial experts, and attorneys, and fix their respective compensations; (6) To appoint, select, and employ an executive director; (7) To make contracts and leases and to execute all instruments necessary or convenient and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character. Any and all persons, firms, and corporations; the state; and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. The authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia, or the United States government, or any agency or department thereof;

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(8) To invest and reinvest funds; (9) To provide, obtain, or purchase insurance or reinsurance agreements or both under such terms and conditions as the authority deems appropriate; (10) To settle and pay claims under such insurance agreements under such conditions and terms as the authority deems appropriate; (11) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (12) To accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (13) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; (14) To sell, convey, mortgage, pledge, assign, lease, exchange, transfer, or otherwise dispose of all or any part of its property or assets; (15) To borrow money for any corporate purposes from any bank, banks, or other lending institutions and to execute evidences of such indebtedness and to secure the same; (16) To fix, alter, charge, and collect premiums from participating medical facilities and health care providers for insurance provided by or procured by the authority, such rates to be at least sufficient to provide for payment of all expenses of the authority, the conservation, maintenance, and operation of the authority on a sound actuarial basis, the payment of principal and interest on its notes, bonds, and other evidences of indebtedness or obligation, and to fulfill the terms and provisions of any agreement made with the purchasers and holders of any such notes, bonds, or other evidences of indebtedness or obligation; and (17) To do all things necessary or convenient to carry out the powers expressly given in this chapter. (b) No part of the revenues or assets of the authority may inure to the benefit of or be distributable to its members or officers or other private persons. Any net earnings of the authority beyond that necessary for retirement of authority indebtedness or to implement the public purposes of this chapter shall inure to the benefit of the state. Upon termination or dissolution, all rights and properties of the authority shall pass to and are vested in the state, subject to the rights of lienholders and other creditors.
31-46-25. (a) The executive director shall approve all accounts for salaries, allowable expenses, and expenses incidental to the operation of the authority. (b) The executive director shall manage the staff and employees of the authority under the direction and approval of the authority. (c) The executive director shall attend the meetings of the authority and shall maintain

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a record of the proceedings of the authority along with all books, documents, and papers filed with the authority, the minutes of the authority, and its official seal. The executive director may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates.
31-46-26. (a) Without limiting the generality of any provisions of this chapter, the general purpose of the authority is declared to be that of providing or procuring insurance for public and private medical facilities and health care providers in this state. The authority may develop, market, finance, and maintain one or more programs of insurance for such medical facilities and health care providers as desire to participate in such programs, and the authority shall be authorized to do any and all things deemed by the authority to be necessary, convenient, or desirable for and incident to the efficient and proper development and operation of such types of undertakings. (b) The authority and its activities shall not be subject to Title 33. The Commissioner of Insurance may, however, adopt and enforce rules, regulations, and standards to ensure the fiscal and actuarial soundness of the authority and its activities, and all records of the authority shall be open at any time to inspection by the Commissioner of Insurance or his or her authorized agents.
31-46-27. In developing programs of insurance for those medical facilities and health care providers that desire to participate in such programs, the authority may establish such eligibility standards and underwriting criteria for participation as the authority deems appropriate, including but not limited to: (1) requirements that participating medical facilities and health care providers assume a part or parts of any insured risks; and (2) contractual requirements for payment of premiums or assessments or both.
31-46-28. (a) All meetings of the authority shall be open to the public at all times. Ample notice shall be given to all members of the authority and to the public of any special or called meeting of the authority. The minutes of all meetings and all actions taken by the authority shall likewise be open to public inspection. (b) Each purchase made on behalf of the authority of personal property or services in excess of $20,000.00 shall be accomplished pursuant to competitive bids, after having published invitations to bid in one or more newspapers in general circulation in the state prior to the award of any contract. All bids shall be opened during meetings of the authority, and the rejection or acceptance thereof shall be entered upon the minutes of the authority. (c) Any surplus or unserviceable property of the authority shall be disposed of pursuant to competitive bids which shall be advertised in one or more newspapers in general

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circulation in the state. All bids for the disposal of such property shall be opened during public meetings of the authority, and the acceptance or rejection thereof shall be entered upon the minutes of the authority. (d) At the conclusion of each fiscal year of the authority, the affairs of the authority shall be audited by a certified public accounting firm and a report of such audit shall be submitted to the General Assembly for review.
31-46-29. (a) Every member of the authority and every employee of the authority who knowingly has any interest, direct or indirect, in any contract to which the authority is or is about to become a party, in any other business of the authority, or in any firm or corporation doing business with the authority shall make full disclosure of such interest to the authority. Failure to disclose such an interest shall constitute cause for which an authority member may be removed or an employee discharged or otherwise disciplined at the discretion of the authority. (b) Any contract or transaction of the authority involving a conflict of interest not disclosed under subsection (a) of this Code section or involving a violation of any other provision of law regulating conflicts of interest which is applicable to the authority or its members, officers, or employees shall be voidable by the authority.
31-46-30. The Attorney General shall provide legal services for the authority and Code Sections 45-15-13 through 45-15-16 shall apply with respect to such provision of legal services.
31-46-31. (a) The authority may issue bonds for the purposes of this chapter, including without limitation the provision of initial capital or reserves or both needed for the provision or procurement of insurance services by the authority. (b) The authority shall have the power to borrow money and to issue bonds, regardless of whether the interest payable by the authority incident to such loans or bonds or income derived by the holders of the evidence of such indebtedness or bonds is, for purposes of federal taxation, includable in the taxable income of the recipients of such payments or is otherwise not exempt from the imposition of such taxation on the recipient. (c) No bonds, notes, or other obligations of, and no indebtedness incurred by, the authority shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or its agencies or a cause of action against the state or its agencies. (d) It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and are a public purpose and the authority will be performing an essential government function in the exercise of the powers conferred upon it by this chapter.

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The state covenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by the authority or under the jurisdiction, control, possession, or supervision of the authority or upon the activities of the authority in the financing of the activities financed by the authority or upon any principal, interest, premium, fees, charges, or other income received by the authority and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption from taxation is declared to specifically extend to any subsidiary corporation created by the board of directors of the authority but shall not extend to tenants or lessees of the authority unless otherwise exempt from taxation. The exemption from taxation shall include exemptions from sales and use taxes on property purchased by the authority or for use by the authority. (e) The state does pledge to and agree with the holders of any bonds issued by the authority pursuant to this chapter that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the benefit of the holders of bonds or in any way impair the rights and remedies of bondholders until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged or funds for the payment of such are fully provided. The authority is authorized to include this pledge and agreement of the state in any agreement with bondholders.
31-46-32. (a) The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 5 of Title 10, the 'Georgia Securities Act of 1973'. No notice, proceeding, or publication except those required in this chapter is necessary to the performance of any act authorized in this chapter; nor is any such act subject to referendum. (b) The authority shall fix such rates, fees, and charges for use of its services and facilities as is sufficient in the aggregate, when added to any other grants or funds available to the authority, to provide funds for the payment of the interest on and principal of all bonds payable from said revenues and to meet all other encumbrances upon such revenues as provided by any agreement executed by the authority in connection with the exercise of its powers under this chapter and for the payment of all operating costs and expenses which shall be incurred by the authority, including provisions for appropriate reserves. (c) The use and disposition of the authoritys revenue is subject to the provisions of the resolutions authorizing the issuance of any bonds payable therefrom or of the trust agreement or indenture, if any, securing the same. The authority may designate any of its bonds as general obligations or may limit the source of repayment pursuant to the resolution authorizing the issuance of the bonds. (d) The making of any loan commitment or loan, and the issuance, in anticipation of the collection of the revenues from such loan or loans, of bonds to provide funds

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therefor, may be authorized under this chapter by resolution of the authority. Unless otherwise provided therein, such resolution shall take effect immediately and need not be published or posted. The authority, in determining the amount of such bonds, may include all costs and estimated costs of the issuance of the bonds; all fiscal, legal, and trustee expenses; and all costs of the project. Such bonds may also be issued to pay off, refund, or refinance any outstanding bonds or other obligations of any nature, whether or not such bonds or other obligations are then subject to redemption; and the authority may provide for such arrangements as it may determine for the payment and security of the bonds being issued or for the payment and security of the bonds or other obligations to be paid off, refunded, or refinanced. (e) Bonds may be issued under this chapter in one or more series; may bear such date or dates; may mature at such time or times, not exceeding 40 years from their respective dates; may bear interest at such rate or rates, payable at such time or times; may be payable in such medium of payment at such place or places; may be in such denomination or denominations; may be in such form, either coupon or registered or book entry; may be issued in such specific amounts; may carry such registration, conversion, and exchangeability privileges; may be declared or become due before the maturity date thereof; may provide such call or redemption privileges; may have such rank or priority; may be the subject of a put or agreement to repurchase by the authority or others; may be resold by the authority, once acquired, without the acquisition being considered the extinguishment of the bonds; may be issued for a project or for more than one project, whether or not such project is identified at the time of bond issuance; and may contain such other terms, covenants, assignments, and conditions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. The authority may sell such bonds in such manner, at such price or prices, and on such terms and conditions as the authority determines. (f) The bonds must be signed by the chairperson or vice chairperson of the authority; the corporate seal of the authority must be impressed, imprinted, or otherwise reproduced on the bonds; and the bonds must be attested by the signature of the secretary or assistant secretary of the authority. The signatures of the officers of the authority and the seal of the authority on any bond issued by the authority may be facsimile if the instrument is authenticated or countersigned by a trustee other than the authority itself or an officer or employee of the authority. All bonds issued under authority of this chapter bearing signatures or facsimiles of signatures of officers of the authority in office on the date of the signing thereof are valid and binding, notwithstanding that before the delivery thereof and payment therefor such officers whose signatures appear thereon have ceased to be officers of the authority. Pending the preparation of the definitive bonds, interim certificates, in such form and with such provisions as the authority may determine, may be issued to the purchasers of bonds to be issued under this chapter. (g) The provisions of this chapter and of any bond resolution, indenture, or trust agreement entered into pursuant to this chapter are a contract with every holder of the bonds; and the duties of the authority under this chapter and under any such bond

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resolution, indenture, or trust agreement are enforceable by any bondholder by mandamus or other appropriate action or proceeding at law or in equity. (h) The authority may provide for the replacement of any bond which becomes mutilated, lost, or destroyed in the manner provided by the resolution, indenture, or trust agreement. (i) Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law', the usury laws of this state, or any other laws of this state do not apply to bonds of the authority. (j) All bonds issued by the authority under this chapter shall be issued and shall be validated by the Superior Court of Fulton County, Georgia, under and in accordance with the procedures set forth in Code Sections 36-82-73 through 36-82-83, which comprise a portion of the 'Revenue Bond Law,' as now or hereafter in effect, except as provided in this chapter. Notes and other obligations of the authority may be, but are not required to be, so validated. (k) All bonds must bear a certificate of validation signed by the clerk of the Superior Court of Fulton County, Georgia. Such signature may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry is original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (l) The authority shall reimburse the district attorney for his or her actual costs, if any, associated with the bond validation proceedings. The fees payable to the clerk of the Superior Court of Fulton County for validation and confirmation shall be as follows for each bond, regardless of the denomination of such bond: $1.00 for each bond for the first 100 bonds; 25 for each of the next 400 bonds; and 10 for each bond over 500. (m) In lieu of specifying the rate or rates of interest which bonds to be issued by the authority are to bear, the notice to the district attorney or the Attorney General; the notice to the public of the time, place, and date of the validation hearing; and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and the petition and complaint or may state that, if the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which may be fixed or may fluctuate or otherwise change from time to time, so specified; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (n) Prior to issuance, all bonds shall be subject to the approval of the Georgia State Financing and Investment Commission. (o) Any other law to the contrary notwithstanding, this chapter shall govern all civil claims, proceedings, and actions respecting debt of the authority evidenced by bonds.
31-46-33.

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The bonds authorized by this chapter are securities in which: (1) All public officers and bodies of this state; (2) All local governments of this state; (3) All insurance companies and associations and other persons carrying on an insurance business; (4) All banks, bankers, trust companies, saving banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; (5) All administrators, guardians, executors, trustees, and other fiduciaries; and (6) All other persons whomsoever who are authorized to invest in bonds or other obligations of this state
may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are also securities which may be deposited with and shall be received by all public officers and bodies of this state and local governments for any purpose for which deposit of the bonds or other obligations of this state is authorized.
31-46-34. (a) All or any part of the gross or net revenues and earnings derived from any particular loan or loans and any and all revenues and earnings received by the authority, regardless of whether such revenues and earnings were produced by a particular loan or loans for which bonds have been issued, may be pledged by the authority to the payment of the principal of and interest on bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any indenture or trust agreement pertaining to such bonds. (b) Such funds so pledged, from whatever source received, may include funds received from one or more of all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or indenture or trust agreement, which sinking funds may be pledged to and charged with the payment of:
(1) The interest on such bonds as such interest becomes due; (2) The principal of the bonds as the same mature; (3) The necessary charges of any trustee, paying agent, or registrar for such bonds; (4) Any premium on bonds retired on call or purchase; and (5) Reimbursement of a credit enhancement provider who has paid principal of or premium or interest on any bond. (c) The use and disposition of any sinking fund may be subject to regulations for which provision may be made in the resolution authorizing the issuance of the bonds or in the trust instrument or indenture securing the payment of the same.
31-46-35. (a) Any issue of bonds may be secured by a trust agreement or indenture made by the authority with a corporate trustee, which may be any trust company or bank having the power of a trust company inside or outside this state. Such trust agreement or indenture may pledge or assign all revenue, receipts, and earnings to be received by the authority

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from any source and any proceeds which may derive from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. (b) The resolution providing for the issuance of bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver on default in the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rates, fees, and charges pertaining to any loan, any overdue principal and interest on any loan, any overdue principal of and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the authority. (c) Such resolution, trust agreement, or indenture may include covenants setting forth the duties of the authority regarding the custody, safeguarding, and application of all funds of the authority, including any proceeds derived from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. In addition, such resolution, trust agreement, or indenture may include covenants providing for the operation, maintenance, repair, and insurance of any facility or capital improvements constructed or acquired with loan proceeds. (d) All expenses incurred in carrying out any trust agreement or indenture under this Code section may be treated as a part of the cost of financing and administering the loans that will be funded or acquired with the proceeds of the bonds governed by such trust agreement or indenture.
31-46-36. (a) All moneys received pursuant to the provisions of this chapter, whether as proceeds from the sale of bonds or other obligations, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The authority shall, in the resolution providing for the issuance of bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes expressed in this chapter, subject to such regulations as this chapter and such resolution or trust indenture may provide. (b) The authority may pledge for the payment of its bonds such assets, funds, and properties as the resolution providing for the issuance of its bonds may provide. Any such pledge made by the authority is valid and binding from the time when the pledge is made; the moneys or properties so pledged and thereafter received by the authority are immediately subject to the lien of such pledge without any physical delivery thereof or further act; and the lien of any such pledge is valid and binding as against all parties having claims of any kind against the authority, irrespective of whether such parties have notice thereof. No resolution or any other instrument by which a pledge is created need be recorded.
ARTICLE 3

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31-46-50. As used in this article:
(1) The terms 'medical facility' and 'health care provider' have the meanings specified in Code Section 31-46-23. (2) The term 'medical malpractice action' means an action arising out of any alleged act or omission in the provision of health care services or assistance by a medical facility or health care provider.
31-46-51. (a) Notwithstanding the provisions of Code Section 51-2-5, no medical facility which complies with the notice provisions of subsection (b) of this Code section shall be vicariously liable for the acts or omissions of a health care provider unless there exists an actual employment relationship between the medical facility and the health care provider. (b) The medical facility shall post a notice in the form and manner described herein. Such notice shall:
(1) Be posted conspicuously in the medical facility lobby or a public area of the medical facility and in the admitting area of the medical facilitys emergency department, if any such area exists; (2) Contain print at least one inch high; and (3) Provide language substantially similar to the following:
'Some or all of the physicians and other health care providers performing services in this medical facility are independent contractors and are not medical facility employees. Independent contractors are responsible for their own actions, and the medical facility shall not be liable for the acts or omissions of any such independent contractors.' (c) The notice required in this Code section shall be sufficient if it meets the requirements of subsection (b) of this Code section even if the patient or the patients personal representative did not see the notice.
31-46-52. (a) If scientific, technical, or other specialized knowledge will assist the trier of fact in a medical malpractice action to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise, if:
(1) The testimony is based upon sufficient facts or data which have been admitted into evidence; (2) The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case. (b) In medical malpractice actions, the opinions of an expert, who is otherwise qualified as to the standard of conduct of a health care provider whose conduct is at issue, shall be admissible only if, at the time the act or omission is alleged to have

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occurred, such expert: (1) Was licensed by an appropriate regulatory agency to practice his or her profession in the state in which such expert was practicing or teaching in the profession at such time; (2) Had actual professional knowledge and experience in the area of practice or specialty in which the opinion is to be given, including the diagnosis or treatment of the condition at issue, or the performance of the procedure or procedures at issue; and (3) Had been regularly engaged in: (A) The active practice of such area of practice or specialty of his or her profession for at least half of his or her professional time during three of the last five years immediately preceding such time; (B) The teaching of such area of practice or specialty of his or her profession for at least half of his or her professional time as an employed member of the faculty of an educational institution which has been accredited in the teaching of his or her profession for at least three of the last five years immediately preceding such time; or (C) Any combination of the active practice or the teaching of his or her profession in a manner which meets the requirements of subparagraphs (A) and (B) of this paragraph for at least three of the last five years immediately preceding such time.
(c) An expert meeting the requirements set forth in subsection (b) of this Code section shall not be deemed unqualified to testify solely by virtue of the fact the expert is in a different specialty from the health care provider whose conduct is at issue as long as such expert is licensed in the same profession as such health care provider. (d) The admissibility of proposed expert testimony under this Code section may be addressed before trial and the court may hold evidentiary or other hearing in connection with its disposition of such issues. (e) An affiant must meet the requirements of this Code section in order to be deemed qualified to testify as an expert by means of the affidavit required under Code Section 9-11-9.1.
31-46-53. (a) Where a medical malpractice action is brought against one or more persons and the plaintiff is to some degree responsible for the injury or damages claimed, the trier of fact, in its determination of the total amount of damages to be awarded, if any, shall determine the percentage of negligence of the plaintiff and shall reduce the amount of damages otherwise awarded to the plaintiff in proportion to his or her negligence compared with that of the person or persons liable for the injury or damages claimed. (b) Where a medical malpractice action is brought against more than one person, the trier of fact, in its determination of the total amount of damages to be awarded, if any, shall after a reduction of damages pursuant to subsection (a) of this Code section, if any, apportion its award of damages among the persons who are liable according to the degree of fault of each person. Damages apportioned by the trier of fact as provided in this Code section shall be the liability of each person against whom they are awarded,

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shall not be a joint liability among the persons liable, and shall not be subject to any right of contribution. (c) Notwithstanding the provisions of this Code section and any other provisions of law which might be construed to the contrary, the plaintiff shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed. (d) This Code section shall not affect venue provisions regarding joint actions. (e) With respect to medical malpractice actions, this Code section shall control over any conflicting provisions of Title 51 or any other law."
SECTION 2. This Act shall become effective July 1, 2004. The provisions of Article 3 of Chapter 46 of Title 31 of the Official Code of Georgia Annotated, as enacted by this Act, shall apply only to causes of action arising on or after July 1, 2004.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Shafer of the 48th asked unanimous consent that his amendment # 1 be withdrawn. The consent was granted, and the amendment was withdrawn.
Pursuant to the withdrawal of amendment # 1, amendment # 1a was moot.
Senators Shafer of the 48th, Hamrick of the 30th, Hall of the 22nd and Hooks of the 14th offered the following amendment # 2:
Amend the Senate Health and Human Services Committee substitute to HB 1028 by inserting after "actions;" on line 10 on page 1 "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;".
By striking line 27 on page 16 and inserting in lieu thereof the following: "conflicting provisions of Title 51 or any other law.
ARTICLE 4 31-46-70. (a) A person professing to practice surgery or the administering of medicine for compensation must bring to the exercise of his or her profession a reasonable degree of care and skill. The degree of care and skill required of a physician in an emergency room setting shall be that degree of care and skill ordinarily employed by the profession generally under similar conditions and like surrounding circumstances. Any injury resulting from a want of such care and skill shall be a tort for which a recovery may be

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had. (b) In deciding whether a physician met the standard of care and skill of his or her profession when treating a patient in an emergency room setting, a jury or other trier of fact shall consider all relevant circumstances that the physician faced when treating the patient, including, but not limited to, whether any emergency circumstances were involved with the patients condition; whether the physician had access to the patients relevant medical history; all other circumstances surrounding the operation of the emergency facility, including the number of patients seeking care; and whether there was a physician-patient relationship between the physician and the patient predating the care at issue.'"

Senators Price of the 56th and Shafer of the 48th offered the following amendment # 2a:
Amend Amendment #2 (AM 28 0372) to the substitute to HB 1028 by striking on lines 22 and 23 the following:

"all other circumstances surrounding the operation of the emergency facility, including"

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

On the adoption of the amendment, the yeas were 31, nays 23, and the Price, Shafer amendment # 2a was adopted.

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

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

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

On the adoption of the amendment, the yeas were 28, nays 27, and the Shafer, et al. amendment # 2 was adopted as amended.

Senator Thomas of the 10th offered the following amendment #3 to the substitute to HB 1028:

By inserting on line 1 of page 1 immediately following 'health', the following: "so as to provide for legislative findings with respect the crisis in access to healthcare and medical services; to address such crisis by strengthening the prescriptive authority for physician's assistants and advanced practice registered nurses,"

By inserting between lines 12 and 13 of page 1 a new section which states as follows:

31-37-1.

"SECTION A.

The General Assembly finds that there presently exists a crisis in the shortage of healthcare providers to serve the citizens of this State. The United States Department of Health and Human Services has designated no less 147 of 159 counties in Georgia to be

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medically underserved areas or populations. As a result, areas of the state are served by physicians working a circuit rotation and causing citizens to wait an unreasonable length of time for prescriptions essential to their health and well-being. The General Assembly further finds that expanding the prescriptive authority of physician's assistants and advanced practice registered nurses will increase access to healthcare services and be of substantial benefit to the state and its citizens.
31-37-2.
As used in this chapter, the term: (a) `Advanced Practice Registered Nurse' means a registered professional nurse licensed under Article 1 of Chapter 26 of Title 43 who is authorized as an advanced practice registered nurse by the Georgia Board of Nursing. (b) `Job description' means a written document, signed by the primary physician and the physicians assistant whom the primary physician is supervising, which consists of guidelines mutually developed by the primary 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 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."; (c) `Drug' means any Schedule II, III, IV, or V controlled substance as defined in Code Section 16-13-21, dangerous drugs as defined in Chapter 13 of Title 16, or any over-the-counter medication. (d) `Nurse Protocol' means a written agreement by and between an advanced practice registered nurse and a physician wherein the physician authorizes the advanced practice registered nurse to administer, dispense, and order drugs, devices, medical treatments, and diagnostic tests, and execute verbal, written, or electronic prescription drug or device orders therefore, and which provides for the terms and conditions for the execution of a prescription drug or device order. (e) `Physician's assistant' means a skilled person qualified by academic and practical training and certification requirements to provide patients' services not necessarily with the physical presence but under the personal direction or supervision of the applying physician. (f) 'Order' means by verbal, written, or electronic means to select a drug, device, medical treatment, or diagnostic study or test through physician delegation in accordance with a nurse protocol or a physicians assistants job description. (g) `Physician' means a physician licensed to practice medicine in accordance with Article 2 of Chapter 34 of Title 43 with whom a physician's assistant has entered

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into a job description or with whom an advanced practice registered nurse has entered a nurse protocol agreement.
31-37-3. (a) A physician is hereby specifically authorized to delegate authority, including but not limited to prescribing authority, to a physician's assistant according to the physician assistant's job description and to an advanced practice registered nurse according to a nurse protocol. A physician's authority is to be liberally construed to effectuate the intent and purposes of this Chapter. (b) The Georgia State Composite Board of Medical Examiners shall review and approve the physician assistant's job description. The physician shall submit an application to the board. Such application shall include: (1)Evidence submitted by the 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 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) The job description for the physician's assistant as defined in 31-37-2; (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. The State Composite Board of Medical Examiners may develop standard job descriptions for use by supervising physicians and physician's assistants. (c)The Georgia Board of Nursing shall review and approve the advance practice registered nurse's nurse protocol as provided by Chapter 26 of Title 43.
31-37-4. (a) Nothing in this Code section shall be construed to authorize independent prescribing authority to physician's assistants or advance practice registered nurses. (b) Physician's assistants shall wear at all times when performing his or her duties a name badge which indicates that he or she is a physician's assistant and not a physician. (c) A prescription drug or device order executed by a physician's assistant shall bear the physician's assistant's name and the abbreviation P.A. A prescription drug or device

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order executed by an advanced practice registered nurse shall bear the advance practice registered nurse's name and the abbreviation A.P.R.N. (d) For purpose of this chapter, code section 16-13-21, and Title 43 of the Official Code of Georgia, physician's assistants and advance practice registered nurses is authorized to register with the Federal Drug Enforcement Administration and appropriate state authorities. (e) This chapter shall take precedence over any conflicting code provisions in Titles 16, 31, 33, or 43 of the Official Code of Georgia.
31-37-5. 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 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 physician and the physicians assistant voluntarily and gratuitously donate their services; (4) A copy of the temporary practice agreement, signed by both the physician and the physicians assistant, is on file at the facility or program and is sent to the Georgia State Composite Board of Medical Examiners; (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 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

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this subsection."
Senator Thomas of the 10th offered the following amendment # 3a to amendment #3 to the substitute to HB 1028:
By striking the section designated as 31-37-2(b) on the 24th written line of page 1 of amendment 3 through the 35th line and inserting in lieu thereof the following:
"(b) 'Job description' means a written document, signed by the primary physician and the physician's assistant whom the primary physician is supervising, which document describes the professional background, scope of practice, and specialty of the primary supervising physician; the qualifications, including related experience of the physician's assistant; and general description of how the physician's assistant will be utilized in the practice. A job description shall not be required to contain every activity the primary physician deems the physician's assistant qualified to perform but shall confine the activities of the physician's assistant to those in the scope of practice of the primary supervising physician;"
Senator Thomas of the 10th asked unanimous consent that her amendment # 3 be withdrawn. The consent was granted, and the amendment was withdrawn.
Senator Thomas of the 10th asked unanimous consent that her amendment # 3a be withdrawn. The consent was granted, and the amendment was withdrawn.
Senator Fort of the 39th offered the following amendment # 4:
Amend the committee substitute to HB 1028 (LC 14 8858S) by adding after "actions;" on line 10 of page 1 the following:
"to provide for legislative findings with respect to a crisis in the field of mental health services and prescriptive authority; to provide for prescriptive authority by psychologists;".
By inserting between lines 27 and 28 of page 16 the following:
"SECTION 1A. Said title is further amended by striking Chapter 37, which is reserved, and inserting in its place a new Chapter 37 to read as follows:
'CHAPTER 37 31-37-1. The General Assembly finds a crisis in the provision of access to mental health services and prescriptions related to such services. This crisis is of significant detriment to the citizens of this state and their economic, social, and academic endeavors. The General

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Assembly further finds that extending prescriptive authority to psychologists will alleviate the crisis and be of substantial benefit to the state.
31-37-2. (a) As used in this chapter, the term "psychologist" means any person duly licensed as a psychologist under Chapter 39 of Title 43. (b) The practice of psychology shall include the administering, ordering, and prescribing of drugs for the diagnosis, care, and treatment of mental or nervous disorders or illness. (c) The State Board of Examiners of Psychologists shall adopt rules for certification of psychologists to administer, order, and prescribe drugs, which rules shall include appropriate training and examination requirements and which shall provide for consultation with a physician. (d) For purposes of Title 16 and other state or federal laws and regulations, a psychologist is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities. (e) The provisions of this Code section shall supersede any provisions of Code Section 43-39-1 which may be in conflict with the provisions of this Code section.'"
Senator Fort of the 39th asked unanimous consent that his amendment # 4 be withdrawn. The consent was granted, and the amendment was withdrawn.
Senators Seay of the 34th, Butler of the 55th, Zamarripa of the 36th, Thompson of the 33rd, Reed of the 35th and others offered the following amendment # 5:
Amend the Senate Health and Human Services Committee substitute to HB 1028 by inserting on line 8 of page 1, following the word and symbol "authority;", the following:
"to create the Georgia Health and Medical Insurance Authority; to provide for membership and appointment and terms of members; to define certain terms; to provide for powers of the authority; to provide for the duties of the executive director; to provide for a program of insurance; to provide for administrative matters; to provide for disclosures; to provide for bonds and matters relating to the issuance of bonds; to provide for revenues and receipts;"
By inserting in line 20 of page 1 after the word "insurance" the following: "and in the field of nonemployment related health and medical insurance for citizens".
By inserting in line 22 of page 1 after the word and symbol "costly." the following: "The citizens of our state without access to health or medical insurance through their employers are having increasing difficulty in obtaining health and medical insurance coverage with many foregoing health and medical care to their detriment."

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By striking line 7 of page 2 and inserting in lieu thereof the following: "(c) The General Assembly further finds that the state has a significant interest in ensuring the availability of health and medical insurance to our citizens at a reasonable cost. The General Assembly further finds that providing such insurance to citizens through the authority created in this chapter will result in the increased availability of health care services to citizens of this state, which is of substantial benefit to the state and its citizens. (d) The General Assembly further finds that certain civil justice reforms as provided in this".
By striking the word "chapter" and inserting in lieu thereof the word "article" on lines 13 and 16 of page 2; lines 18 and 36 of page 3; line 11 of page 4; lines 29 and 33 of page 5; line 13 of page 6; lines 2, 18, and 31 of page 8; lines 6, 7, 14, 23, and 33 of page 9; lines 19, 25, 26, 27, 28, and 36 of page 10; lines 3, 30, and 33 of page 11; and lines 28, 31, and 35 of page 13.
By inserting immediately following line 10 of page 14 the following: "31-46-50. (a) There is created a body corporate and politic to be known as the Georgia Health and Medical Insurance Authority which shall be deemed to be a public corporation of the State of Georgia and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. (b) The authority shall consist of 13 members as follows: (1) Three members shall be appointed by the Governor. The terms of the initial members appointed by the Governor shall begin July 1, 2004, and one such member shall serve for a term of two years, one such member shall serve for a term of three years, and one such member shall serve for a term of four years. Thereafter, all members appointed by the Governor shall serve for terms of four years; (2) Three members shall be appointed by the President of the Senate. The terms of the initial members appointed by the President of the Senate shall begin July 1, 2004, and one such member shall serve for a term of two years, one such member shall serve for a term of three years, and one such member shall serve for a term of four years. Thereafter all members appointed by the President of the Senate shall serve for terms of four years; (3) Three members shall be appointed by the Speaker of the House of Representatives for terms concurrent with the Speakers term as Speaker; and (4) The following shall serve ex officio: the state auditor, the commissioner of community health, the Commissioner of Insurance, and the director of the Risk Management Division of the Department of Administrative Services. All members shall serve until their successors are appointed and qualified. All members shall be residents of Georgia. (c) The members of the authority shall elect one of their members as chairperson and

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another as vice chairperson. They shall also elect a secretary and a treasurer who need not be members. The offices of secretary and treasurer may be combined in one person. (d) The authority may make such bylaws for its government as is deemed necessary but is under no obligation to do so. (e) Any nine members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this article, except that the votes of a majority of the total membership of the authority shall be required in order for the authority to incur any obligation or indebtedness or enter into any contract or agreement. No person shall be entitled to exercise or cast a proxy vote for any member. No vacancy on the authority shall impair the right of a quorum to transact any and all business. (f) The members shall receive no compensation for their services; but all members shall be entitled to be reimbursed from funds of the authority for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the authority, for their services. (g) A vacancy in one of the appointive positions shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
31-46-51. As used in this article, the term:
(1) 'Authority' means the Georgia Health and Medical Insurance Authority created in Code Section 31-46-50. (2) 'Bond,' 'bonds,' or 'revenue bonds' means revenue bonds, refunding notes, notes, interim certificates, bond anticipation notes, and other evidences of indebtedness of the authority issued under this article. (3) 'Citizen' or 'citizens' means citizens of the State of Georgia who reside within the State of Georgia. (4) 'Insurance' means a health or medical insurance or indemnity policy which would pay for all or part of the costs of health or medical care.
31-46-52. (a) The authority shall have power:
(1) To have a seal and alter the same at pleasure; (2) To adopt, amend, and repeal bylaws and rules consistent with this article to regulate its affairs, to carry into effect the powers and purposes of the authority, and to conduct its business; (3) To acquire by purchase, lease, or otherwise, with the exception of eminent domain, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (4) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or

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franchises necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue; to lease or make contracts with respect to the use of the same; or to dispose of the same in any manner it deems to the best advantage of the authority; (5) To appoint, select, and employ officers, agents, consultants, and employees, including, but not limited to, fiscal agents, actuaries, accountants, risk managers, health care and financial experts, and attorneys and fix their respective compensations; (6) To appoint, select, and employ an executive director which action shall be mandatory; (7) To make contracts and leases and to execute all instruments necessary or convenient and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character. Any and all persons, firms, and corporations; the state; and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. The authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia, or the United States government, or any agency or department thereof; (8) To invest and reinvest funds; (9) To provide, obtain, or purchase insurance or reinsurance agreements or both under such terms and conditions as the authority deems appropriate; (10) To settle and pay claims under such insurance agreements under such conditions and terms as the authority deems appropriate; (11) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (12) To accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (13) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; (14) To sell, convey, mortgage, pledge, assign, lease, exchange, transfer, or otherwise dispose of all or any part of its property or assets; (15) To borrow money for any corporate purposes from any bank, banks, or other lending institutions and to execute evidences of such indebtedness and to secure the same; (16) To fix, alter, charge, and collect premiums from participating citizens for insurance provided by or procured by the authority, such rates to be at least sufficient to provide for payment of all expenses of the authority, the conservation,

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maintenance, and operation of the authority on a sound actuarial basis, the payment of principal and interest on its notes, bonds, and other evidences of indebtedness or obligation, and to fulfill the terms and provisions of any agreement made with the purchasers and holders of any such notes, bonds, or other evidences of indebtedness or obligation; and (17) To do all things necessary or convenient to carry out the powers expressly given in this article. (b) No part of the revenues or assets of the authority may inure to the benefit of or be distributable to its members or officers or other private persons. Any net earnings of the authority beyond that necessary for retirement of authority indebtedness or to implement the public purposes of this article shall inure to the benefit of the state. Upon termination or dissolution, all rights and properties of the authority shall pass to and are vested in the state, subject to the rights of lienholders and other creditors.
31-46-53. (a) The executive director shall approve all accounts for salaries, allowable expenses, and expenses incidental to the operation of the authority. (b) The executive director shall manage the staff and employees of the authority under the direction and approval of the authority. (c) The executive director shall attend the meetings of the authority and shall maintain a record of the proceedings of the authority along with all books, documents, and papers filed with the authority, the minutes of the authority, and its official seal. The executive director may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates.
31-46-54. (a) Without limiting the generality of any provisions of this article, the general purpose of the authority is declared to be that of providing or procuring insurance for citizens in this state. The authority may develop, market, finance, and maintain one or more programs of insurance for such citizens that desire to participate in such program or programs and the authority shall be authorized to do any and all things deemed by the authority to be necessary, convenient, or desirable for and incident to the efficient and proper development and operation of such types of undertakings. (b) The authority and its activities shall not be subject to Title 33. The Commissioner of Insurance may, however, adopt and enforce rules, regulations, and standards to ensure the fiscal and actuarial soundness of the authority and its activities; and all records of the authority shall be open at any time to inspection by the Commissioner of Insurance or his or her authorized agents.
31-46-55. In developing a program of insurance for citizens that desire to participate in such

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program, the authority may establish such eligibility standards and underwriting criteria for participating citizens as the authority deems appropriate.
31-46-56. (a) All meetings of the authority shall be open to the public at all times. Ample notice shall be given to all members of the authority and to the public of any special or called meeting of the authority. The minutes of all meetings and all actions taken by the authority shall likewise be open to public inspection. (b) Each purchase made on behalf of the authority of personal property or services in excess of $20,000.00 shall be accomplished pursuant to competitive bids, after having published invitations to bid in one or more newspapers in general circulation in the state prior to the award of any contract. All bids shall be opened during meetings of the authority, and the rejection or acceptance thereof shall be entered upon the minutes of the authority. (c) Any surplus or unserviceable property of the authority shall be disposed of pursuant to competitive bids which shall be advertised in one or more newspapers in general circulation in the state. All bids for the disposal of such property shall be opened during public meetings of the authority, and the acceptance or rejection thereof shall be entered upon the minutes of the authority. (d) At the conclusion of each fiscal year of the authority, the affairs of the authority shall be audited by a certified public accounting firm and a report of such audit shall be submitted to the General Assembly for review.
31-46-57. (a) Every member of the authority and every employee of the authority who knowingly has any interest, direct or indirect, in any contract to which the authority is or is about to become a party, in any other business of the authority, or in any firm or corporation doing business with the authority shall make full disclosure of such interest to the authority. Failure to disclose such an interest shall constitute cause for which an authority member may be removed or an employee discharged or otherwise disciplined at the discretion of the authority. (b) Any contract or transaction of the authority involving a conflict of interest not disclosed under subsection (a) of this Code section or involving a violation of any other provision of law regulating conflicts of interest which is applicable to the authority or its members, officers, or employees shall be voidable by the authority.
31-46-58. The Attorney General shall provide legal services for the authority and Code Sections 45-15-13 through 45-15-16 shall apply with respect to such provision of legal services.
31-46-59. (a) The authority may issue bonds for the purposes of this article, including without limitation the provision of initial capital or reserves or both needed for the provision or

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procurement of insurance services by the authority. (b) The authority shall have the power to borrow money and to issue bonds, regardless of whether the interest payable by the authority incident to such loans or bonds or income derived by the holders of the evidence of such indebtedness or bonds is, for purposes of federal taxation, includable in the taxable income of the recipients of such payments or is otherwise not exempt from the imposition of such taxation on the recipient. (c) No bonds, notes, or other obligations of, and no indebtedness incurred by, the authority shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or its agencies or a cause of action against the state or its agencies. (d) It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and are a public purpose and the authority will be performing an essential government function in the exercise of the powers conferred upon it by this article. The state covenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by the authority or under the jurisdiction, control, possession, or supervision of the authority or upon the activities of the authority in the financing of the activities financed by the authority or upon any principal, interest, premium, fees, charges, or other income received by the authority and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption from taxation is declared to specifically extend to any subsidiary corporation created by the board of directors of the authority but shall not extend to tenants or lessees of the authority unless otherwise exempt from taxation. The exemption from taxation shall include exemptions from sales and use taxes on property purchased by the authority or for use by the authority. (e) The state does pledge to and agree with the holders of any bonds issued by the authority pursuant to this article that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the benefit of the holders of bonds or in any way impair the rights and remedies of bondholders until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged or funds for the payment of such are fully provided. The authority is authorized to include this pledge and agreement of the state in any agreement with bondholders.
31-46-60. (a) The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 5 of Title 10, the 'Georgia Securities Act of 1973.' No notice, proceeding, or publication except those required in this article is necessary to the performance of any act authorized in this article; nor is any such act

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subject to referendum. (b) The authority shall fix such rates, fees, and charges for use of its services and facilities as is sufficient in the aggregate, when added to any other grants or funds available to the authority, to provide funds for the payment of the interest on and principal of all bonds payable from said revenues and to meet all other encumbrances upon such revenues as provided by any agreement executed by the authority in connection with the exercise of its powers under this article and for the payment of all operating costs and expenses which shall be incurred by the authority, including provisions for appropriate reserves. (c) The use and disposition of the authoritys revenue is subject to the provisions of the resolutions authorizing the issuance of any bonds payable therefrom or of the trust agreement or indenture, if any, securing the same. The authority may designate any of its bonds as general obligations or may limit the source of repayment pursuant to the resolution authorizing the issuance of the bonds. (d) The making of any loan commitment or loan, and the issuance, in anticipation of the collection of the revenues from such loan or loans, of bonds to provide funds therefor, may be authorized under this article by resolution of the authority. Unless otherwise provided therein, such resolution shall take effect immediately and need not be published or posted. The authority, in determining the amount of such bonds, may include all costs and estimated costs of the issuance of the bonds; all fiscal, legal, and trustee expenses; and all costs of the project. Such bonds may also be issued to pay off, refund, or refinance any outstanding bonds or other obligations of any nature, whether or not such bonds or other obligations are then subject to redemption; and the authority may provide for such arrangements as it may determine for the payment and security of the bonds being issued or for the payment and security of the bonds or other obligations to be paid off, refunded, or refinanced. (e) Bonds may be issued under this article in one or more series; may bear such date or dates; may mature at such time or times, not exceeding 40 years from their respective dates; may bear interest at such rate or rates, payable at such time or times; may be payable in such medium of payment at such place or places; may be in such denomination or denominations; may be in such form, either coupon or registered or book entry; may be issued in such specific amounts; may carry such registration, conversion, and exchangeability privileges; may be declared or become due before the maturity date thereof; may provide such call or redemption privileges; may have such rank or priority; may be the subject of a put or agreement to repurchase by the authority or others; may be resold by the authority, once acquired, without the acquisition being considered the extinguishment of the bonds; may be issued for a project or for more than one project, whether or not such project is identified at the time of bond issuance; and may contain such other terms, covenants, assignments, and conditions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. The authority may sell such bonds in such manner, at such price or prices, and on such terms and conditions as the authority determines. (f) The bonds must be signed by the chairperson or vice chairperson of the authority;

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the corporate seal of the authority must be impressed, imprinted, or otherwise reproduced on the bonds; and the bonds must be attested by the signature of the secretary or assistant secretary of the authority. The signatures of the officers of the authority and the seal of the authority on any bond issued by the authority may be facsimile if the instrument is authenticated or countersigned by a trustee other than the authority itself or an officer or employee of the authority. All bonds issued under authority of this article bearing signatures or facsimiles of signatures of officers of the authority in office on the date of the signing thereof are valid and binding, notwithstanding that before the delivery thereof and payment therefor such officers whose signatures appear thereon have ceased to be officers of the authority. Pending the preparation of the definitive bonds, interim certificates, in such form and with such provisions as the authority may determine, may be issued to the purchasers of bonds to be issued under this article. (g) The provisions of this article and of any bond resolution, indenture, or trust agreement entered into pursuant to this article are a contract with every holder of the bonds; and the duties of the authority under this article and under any such bond resolution, indenture, or trust agreement are enforceable by any bondholder by mandamus or other appropriate action or proceeding at law or in equity. (h) The authority may provide for the replacement of any bond which becomes mutilated, lost, or destroyed in the manner provided by the resolution, indenture, or trust agreement. (i) Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' the usury laws of this state, or any other laws of this state do not apply to bonds of the authority. (j) All bonds issued by the authority under this article shall be issued and shall be validated by the Superior Court of Fulton County, Georgia, under and in accordance with the procedures set forth in Code Sections 36-82-73 through 36-82-83, which comprise a portion of the 'Revenue Bond Law,' as now or hereafter in effect, except as provided in this article. Notes and other obligations of the authority may be, but are not required to be, so validated. (k) All bonds must bear a certificate of validation signed by the clerk of the Superior Court of Fulton County, Georgia. Such signature may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry is original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (l) The authority shall reimburse the district attorney for his or her actual costs, if any, associated with the bond validation proceedings. The fees payable to the clerk of the Superior Court of Fulton County for validation and confirmation shall be as follows for each bond, regardless of the denomination of such bond: $1.00 for each bond for the first 100 bonds; 25 for each of the next 400 bonds; and 10 for each bond over 500. (m) In lieu of specifying the rate or rates of interest which bonds to be issued by the authority are to bear, the notice to the district attorney or the Attorney General; the notice to the public of the time, place, and date of the validation hearing; and the

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petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and the petition and complaint or may state that, if the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which may be fixed or may fluctuate or otherwise change from time to time, so specified; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (n) Prior to issuance, all bonds shall be subject to the approval of the Georgia State Financing and Investment Commission. (o) Any other law to the contrary notwithstanding, this article shall govern all civil claims, proceedings, and actions respecting debt of the authority evidenced by bonds.
31-46-61. The bonds authorized by this article are securities in which:
(1) All public officers and bodies of this state; (2) All local governments of this state; (3) All insurance companies and associations and other persons carrying on an insurance business; (4) All banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; (5) All administrators, guardians, executors, trustees, and other fiduciaries; and (6) All other persons whomsoever who are authorized to invest in bonds or other obligations of this state may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are also securities which may be deposited with and shall be received by all public officers and bodies of this state and local governments for any purpose for which deposit of the bonds or other obligations of this state is authorized.
31-46-62. (a) All or any part of the gross or net revenues and earnings derived from any particular loan or loans and any and all revenues and earnings received by the authority, regardless of whether such revenues and earnings were produced by a particular loan or loans for which bonds have been issued, may be pledged by the authority to the payment of the principal of and interest on bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any indenture or trust agreement pertaining to such bonds. (b) Such funds so pledged, from whatever source received, may include funds received from one or more of all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or indenture or trust

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agreement, which sinking funds may be pledged to and charged with the payment of: (1) The interest on such bonds as such interest becomes due; (2) The principal of the bonds as the same mature; (3) The necessary charges of any trustee, paying agent, or registrar for such bonds; (4) Any premium on bonds retired on call or purchase; and (5) Reimbursement of a credit enhancement provider who has paid principal of or premium or interest on any bond.
(c) The use and disposition of any sinking fund may be subject to regulations for which provision may be made in the resolution authorizing the issuance of the bonds or in the trust instrument or indenture securing the payment of the same.
31-46-63. (a) Any issue of bonds may be secured by a trust agreement or indenture made by the authority with a corporate trustee, which may be any trust company or bank having the power of a trust company inside or outside this state. Such trust agreement or indenture may pledge or assign all revenue, receipts, and earnings to be received by the authority from any source and any proceeds which may derive from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. (b) The resolution providing for the issuance of bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver on default in the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rates, fees, and charges pertaining to any loan, any overdue principal and interest on any loan, any overdue principal of and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the authority. (c) Such resolution, trust agreement, or indenture may include covenants setting forth the duties of the authority regarding the custody, safeguarding, and application of all funds of the authority, including any proceeds derived from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. In addition, such resolution, trust agreement, or indenture may include covenants providing for the operation, maintenance, repair, and insurance of any facility or capital improvements constructed or acquired with loan proceeds. (d) All expenses incurred in carrying out any trust agreement or indenture under this Code section may be treated as a part of the cost of financing and administering the loans that will be funded or acquired with the proceeds of the bonds governed by such trust agreement or indenture.
31-46-64. (a) All moneys received pursuant to the provisions of this article, whether as proceeds from the sale of bonds or other obligations, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this article. The authority shall, in the resolution providing for the

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issuance of bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes expressed in this article, subject to such regulations as this article and such resolution or trust indenture may provide. (b) The authority may pledge for the payment of its bonds such assets, funds, and properties as the resolution providing for the issuance of its bonds may provide. Any such pledge made by the authority is valid and binding from the time when the pledge is made; the moneys or properties so pledged and thereafter received by the authority are immediately subject to the lien of such pledge without any physical delivery thereof or further act; and the lien of any such pledge is valid and binding as against all parties having claims of any kind against the authority, irrespective of whether such parties have notice thereof. No resolution or any other instrument by which a pledge is created need be recorded.
ARTICLE 4"
By renumbering Code Sections 31-46-50 through 31-46-53 on pages 14, 15, and 16 of said substitute as Code Sections 31-46-80 through 31-46-83, respectively.
Senator Seay of the 34th offered the following amendment # 5a to amendment #5 to the substitute to HB 1028:
By inserting immediately after the word "Georgia" on line 16 of page 3 the following: "who do not have access to health or medical insurance through their employer".
Senator Seay of the 34th asked unanimous consent that her amendment # 5 be withdrawn. The consent was granted, and the amendment was withdrawn.
Senator Seay of the 34th asked unanimous consent that her amendment # 5a be withdrawn. The consent was granted, and the amendment was withdrawn.

Senators Meyer von Bremen of the 12th and Brown of the 26th offered the following amendment # 6:
Amend the Senate Health and Human Services Committee substitute to HB 1028 by striking lines 14 through 27 on page 16 and inserting in lieu thereof the following:
"(b) Where a medical malpractice action is brought against more than one person for injury to person or property and the plaintiff is to some degree responsible for the injury or damages claimed, the trier of fact, in its determination of the total amount of damages to be awarded, if any, may apportion its award of damages among the persons who are liable and whose degree of fault is greater than that of the injured party according to the degree of fault of each person. Damages, if apportioned by the trier of

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fact as provided in this Code section, shall be the liability of each person against whom such damages are awarded, shall not be a joint liability among the persons liable, and shall not be subject to any right of contribution. (c) In all medical malpractice cases where an action is brought against more than one person for injury to person or property and a trier of fact returns an award of damages against more than one person and that award of damages is a joint liability among the persons liable, any person against whom the award was returned shall have the right to request that the trier of fact undertake a postverdict apportionment of damages among all persons found liable. Such a postverdict apportionment of damages shall determine the responsibility of each person held liable for the total award for purposes of contribution under paragraph (d) of this Code section. When this procedure is invoked, the trial court shall have discretion to permit the presentation of additional argument or evidence to the trier of fact on the question of apportionment of damages. (d) If a judgment in a medical malpractice case is entered jointly against several persons and is paid off by one of them, the others shall be liable to such person for contribution for their respective pro rata shares of the judgment unless the trier of fact makes a postverdict apportionment of damages under subsection (c) of this Code section in which case the liability of the persons to one another under this Code section shall be determined by the postverdict apportionment of damages. (e) Notwithstanding the provisions of this Code section and any other provisions of law which might be construed to the contrary, the plaintiff shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed. (f) This Code section shall not affect venue provisions regarding joint actions. (g) With respect to medical malpractice actions, this Code section shall control over any conflicting provisions of Title 51 or any other law.'"
Senators Meyer von Bremen of the 12th, Tanksley of the 32nd, Harp of the 16th and Brown of the 26th offered the following amendment # 6a to amendment #6 to the substitute to HB 1028:
By striking Lines 2-33 of page 1 and lines 1 and 2 of page 2 of amendment #6 to the substitute to HB 1028 and inserting in lieu the following:
Strike lines 1-24 of page 1 and pages 2-16 of the substitute to HB 1028 (LC 14 8858S) and inserting starting on line one of page one of the substitute to HB 1028 (LC 14 8858S) the following:
To amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions in civil cases, so as to change certain provisions relating to medical malpractice civil actions; to create provisions regarding expert opinions in medical malpractice civil actions; to amend Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to examination of witnesses, so as to

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change provisions relating to opinions of expert witnesses; to create provisions regarding expert witnesses competent to testify in causes of action alleging medical malpractice; 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; to provide for the filling of vacancies; to provide for the powers, duties, operations, and financial affairs of the authority; to provide for the general purpose of the authority; to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide that hospitals shall be insulated from liability for the acts of emergency room physicians who are independent contractors providing emergency health care services in a hospital emergency room; to provide for definitions; to provide for notice requirements regarding independent contractor physicians to the public; to provide for liability insurance coverage requirements for independent contractor physicians; to provide for matters related to the standard of care; to change provisions relating to right of contribution among joint trespassers and effect of settlement so as to provide for a postverdict apportionment of damages; to change provisions relating to the effect of plaintiffs comparative negligence on right to recover; 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 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions in civil cases, is amended by striking subsections (a) and (f) of Code Section 9-11-9.1, relating to complaints for professional negligence and related requirement of filing of affidavits, and inserting in lieu thereof the following:
"(a) In any action for damages alleging professional malpractice against a professional licensed by the State of Georgia and listed in subsection (f) of this Code section or against any licensed health care facility alleged to be liable based upon the action or inaction of a health care professional licensed by the State of Georgia and listed in subsection (f) of this Code section, the plaintiff shall be required to file with the complaint an affidavit of an expert competent to testify, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim." "(f) The professions to which this Code section applies are:
(1) Architects; (2) Attorneys at law; (3) Certified public accountants; (4) Chiropractors; (5) Clinical social workers; (6) Dentists; (7) Dietitians;

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(8)(4) Land surveyors; or (9) Medical doctors; (10) Marriage and family therapists; (11) Nurses; (12) Occupational therapists; (13) Optometrists; (14) Osteopathic physicians; (15) Pharmacists; (16) Physical therapists; (17) Physicians' assistants; (18) Professional counselors; (19)(5) Professional engineers;. (20) Podiatrists; (21) Psychologists; (22) Radiological technicians; (23) Respiratory therapists; or (24) Veterinarians."
SECTION 2. Said article is further amended by adding a new Code Section 9-11-9.2 to read as follows:
"9-11-9.2. (a) In any action for damages alleging medical malpractice against a professional licensed by the State of Georgia and listed in subsection (h) of this Code section, against a professional corporation or other legal entity that provides health care services or is alleged to be liable based on the action or inaction of a health care professional licensed by the State of Georgia and listed in subsection (h) of this Code section, or against any licensed health care facility alleged to be liable based upon the action or inaction of a health care professional licensed by the State of Georgia and listed in subsection (h) of this Code section, at any time within 90 days following the filing of the complaint the plaintiff shall be required to file an affidavit of an expert competent to testify under Code Section 24-9-67.1, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim. (b) Within 30 days of service of the complaint the defendant shall be required to produce his or her curriculum vitae, resume, or other complete statement of education, experience, and certifications, as well as all records and other tangible items in the control, custody, or possession of the defendant related to the care and treatment of the patient whose care is at issue. The failure to produce this information shall toll the time to file the affidavit until such time as the information is produced. (c) If an affidavit is filed after the filing of a complaint, the defendant shall not be required to file an answer to the complaint and affidavit until 30 days after the filing of the affidavit. (d) The trial court may, on motion, after hearing and for good cause extend such time as it shall determine justice requires. If an affidavit is not filed within the period specified in this Code section or as extended by the trial court and the defendant against

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whom an affidavit should have been filed alleges, by motion to dismiss filed contemporaneously with its initial responsive pleading, that the plaintiff has failed to file the requisite affidavit, the complaint is subject to dismissal for failure to state a claim. (e) This Code section shall not be construed to extend any applicable period of limitation, except that if the affidavit is filed within the period specified in this Code section, the filing of the affidavit after the expiration of the statute of limitations shall be considered timely and shall provide no basis for a statute of limitations defense. (f) If a plaintiff files an affidavit which is allegedly defective for any reason other than a claim that after deposing the affiant he or she does not meet the requirements of Code Section 24-9-67.1, and the defendant to whom it pertains alleges, with specificity, by motion to dismiss filed contemporaneously with its initial responsive pleading, that said affidavit is defective, the plaintiff's complaint is subject to dismissal, except that the plaintiff may cure the alleged defect by amendment pursuant to Code Section 9-11-15 within 30 days of service of the motion alleging that the affidavit is defective. A defendant who after deposing the affiant alleges that an affidavit is defective because the affiant does not meet the requirements of Code Section 24-9-67.1 shall file a motion to dismiss within 30 days of the date the deposition is filed with the court or delivered to the party taking the deposition by an authorized officer or court reporter pursuant to subparagraph (f)(1)(A) of Code Section 9-11-30 or prior to the date of any pretrial hearing, whichever is earlier. In any order holding that the affiant does not meet the requirements of Code Section 24-9-67.1, the court shall state with specificity the reasons the affiant does not meet those requirements and what requirements the court deems necessary for an expert to qualify under that Code section. The plaintiff shall then have 60 days from the date of the order to submit the affidavit of another expert, during which time discovery shall be stayed. If the plaintiff fails to submit such affidavit of another expert within 60 days of the date of the order, the case against that defendant is subject to dismissal. The trial court may, in the exercise of its discretion, extend the time for filing any amendment, affidavit, or response to the motion as it shall determine justice requires. (g) If a plaintiff fails to file an affidavit as required by this Code section and the defendant raises the failure to file such an affidavit by motion to dismiss filed contemporaneously with its initial responsive pleading, such complaint shall not be subject to the renewal provisions of Code Section 9-2-61 after the expiration of the applicable period of limitation, unless a court determines that the plaintiff had the requisite affidavit within the time required by this Code section and the failure to file the affidavit was the result of a mistake. (h) The professions to which this Code section applies are:
(1) Chiropractors; (2) Clinical social workers; (3) Dentists; (4) Dietitians; (5) Marriage and family therapists;

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(6) Medical doctors; (7) Nurses; (8) Occupational therapists; (9) Optometrists; (10) Osteopathic physicians; (11) Pharmacists; (12) Physical therapists; (13) Physicians assistants; (14) Podiatrists; (15) Professional counselors; (16) Psychologists; (17) Radiological technicians; (18) Respiratory therapists; or (19) Veterinarians."
SECTION 3. Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to examination of witnesses, is amended by striking Code Section 24-9-67, relating to opinions of experts, and inserting in lieu thereof the following:
"24-9-67. Except as provided in Code Section 24-9-67.1, the The opinions of experts on any question of science, skill, trade, or like questions shall always be admissible; and such opinions may be given on the facts as proved by other witnesses."
SECTION 4. Said article is further amended by adding a new Code Section 24-9-67.1 to read as follows:
"24-9-67.1. (a) In a civil action for medical malpractice as defined in Code Section 9-3-70, the opinions of an expert as to the standard of care of the defendant whose conduct is at issue shall be admissible only if, at the time the act or omission is alleged to have occurred or at the time the witness testifies, the expert witness:
(1) Was licensed by an appropriate regulatory agency to practice his or her profession and was practicing or teaching or some combination thereof his or her profession during at least three of the five years immediately preceding such time; and (2) Meets at least one of the following criteria:
(A) The expert shares at least one specialty certification with the defendant; (B) The expert has experience in the diagnosis or treatment of the condition at issue, the performance of the procedure or procedures at issue, or the provision of the services at issue; (C) The expert has experience in an area of practice or specialty that diagnoses, treats, or cares for patients under similar conditions or circumstances as are at issue;

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or (D) The expert is a physician and, as a result of having supervised, taught, or instructed nurses, nurse practitioners, certified registered nurse anesthetists, nurse midwives, physicians assistants, physical therapists, occupational therapists, or medical support staff, has knowledge of the standard of care of that health care provider under the circumstances at issue. (b) Any objection to the qualification of the expert witness to provide such testimony shall: (1) Be made no later than 30 days after the date the deposition is filed with the court or delivered to the party taking the deposition by an authorized officer or court reporter pursuant to subparagraph (f)(1)(A) of Code Section 9-11-30 or prior to the date of any pretrial hearing, whichever is earlier; (2) Be made by written motion; and (3) Set forth with specificity the factual and legal basis of the objection."
SECTION 5. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at its end a new Chapter 46 to read as follows:
"CHAPTER 46 31-46-1. The General Assembly finds that there presently exists a crisis in the field of hospital liability insurance. Hospitals in this state are having increasing difficulty in locating liability insurance and, when such hospitals are able to locate such insurance, the insurance is extremely costly. The result of this crisis is the potential for a diminution of the availability of access to health care services and the resultant effect on the health and well-being of the citizens of this state. The General Assembly finds that the state has a significant interest in ensuring the availability of liability insurance for hospitals which provide indigent care in this state at reasonable cost to the facilities. The General Assembly further finds that the provision of such insurance to the hospitals will result in the increased availability of health care services for the citizens of this state which is of substantial benefit to the state and its citizens.
31-46-2. This chapter shall be known and may be cited as the 'Georgia Hospital Insurance Authority Act.'
31-46-3. This chapter, being for the health and welfare of the state and its inhabitants, shall be liberally construed to effect its purposes.
31-46-4. (a) There is created a body corporate and politic to be known as the Georgia Hospital

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Insurance Authority which shall be deemed to be a public corporation of the State of Georgia by that name, style, and title. Said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. (b) The authority shall consist of 13 members as follows:
(1) Three members shall be appointed by the Governor. The terms of the initial members appointed by the Governor shall begin July 1, 2004, and one such member shall serve for a term of two years, one such member shall serve for a term of three years, and one such member shall serve for a term of four years. Thereafter, all members appointed by the Governor shall serve for terms of four years; (2) Three members shall be appointed by the President of the Senate. The terms of the initial members appointed by the President of the Senate shall begin July 1, 2004, and one such member shall serve for a term of two years, one such member shall serve for a term of three years, and one such members shall serve for a term of four years. Thereafter all members appointed by the President of the Senate shall serve for terms of four years; (3) Three members shall be appointed by the Speaker of the House of Representatives for terms concurrent with the Speakers term as Speaker; and (4) The following shall serve ex officio: the state auditor, the commissioner of community health, the Commissioner of Insurance, and the director of the Risk Management Division of the Department of Administrative Services. All members shall serve until their successors are appointed and qualified. All members shall be residents of Georgia. (c) The members of the authority shall elect one of their members as chairperson and another as vice chairperson. They shall also elect a secretary and a treasurer who need not be members. The offices of secretary and treasurer may be combined in one person. (d) The authority may make such bylaws for its government as is deemed necessary but is under no obligation to do so. (e) Any nine members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this chapter, except that the votes of a majority of the total membership of the authority shall be required in order for the authority to incur any obligation or indebtedness or enter into any contract or agreement. No person shall be entitled to exercise or cast a proxy vote for any member. No vacancy on the authority shall impair the right of a quorum to transact any and all business. (f) The members shall receive no compensation for their services; but all members shall be entitled to be reimbursed from funds of the authority for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the authority, for their services. (g) A vacancy in one of the appointive positions shall be filled in the same manner as

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the original appointment for the remainder of the unexpired term.
31-46-5. As used in this chapter, the term:
(1) 'Authority' means the Georgia Hospital Insurance Authority created in Code Section 31-46-4. (2) 'Bond,' 'bonds,' or 'revenue bonds' means revenue bonds, refunding notes, notes, interim certificates, bond anticipation notes, and other evidences of indebtedness of the authority issued under this chapter. (3) 'Medical facility' means any hospital in this state having less than 200 licensed beds and its credentialed physicians and where such hospital, as of January 1, 2004, did not participate in a captive or self-insurance trust program established for liability insurance purposes.
31-46-6. (a) The authority shall have power:
(1) To have a seal and alter the same at pleasure; (2) To adopt, amend, and repeal bylaws and rules consistent with this chapter to regulate its affairs, to carry into effect the powers and purposes of the authority, and to conduct its business; (3) To acquire by purchase, lease, or otherwise, with the exception of eminent domain, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (4) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue; to lease or make contracts with respect to the use of the same; or to dispose of the same in any manner it deems to the best advantage of the authority; (5) To appoint, select, and employ officers, agents, consultants, and employees, including, but not limited to, fiscal agents, actuaries, accountants, risk managers, health care and financial experts, and attorneys, and fix their respective compensations; (6) To appoint, select, and employ an executive director; (7) To make contracts and leases and to execute all instruments necessary or convenient and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character. Any and all persons, firms, and corporations; the state; and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. The authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia, or the United States government, or any agency

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or department thereof; (8) To invest and reinvest funds; (9) To provide, obtain, or purchase insurance or reinsurance agreements or both under such terms and conditions as the authority deems appropriate; (10) To settle and pay claims under such insurance agreements under such conditions and terms as the authority deems appropriate; (11) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (12) To accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (13) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; (14) To sell, convey, mortgage, pledge, assign, lease, exchange, transfer, or otherwise dispose of all or any part of its property or assets; (15) To borrow money for any corporate purposes from any bank, banks, or other lending institutions and to execute evidences of such indebtedness and to secure the same; (16) To fix, alter, charge, and collect premiums from participating medical facilities for insurance provided by or procured by the authority, such rates to be at least sufficient to provide for payment of all expenses of the authority, the conservation, maintenance, and operation of the authority on a sound actuarial basis, the payment of principal and interest on its notes, bonds, and other evidences of indebtedness or obligation, and to fulfill the terms and provisions of any agreement made with the purchasers and holders of any such notes, bonds, or other evidences of indebtedness or obligation; and (17) To do all things necessary or convenient to carry out the powers expressly given in this chapter. (b) No part of the revenues or assets of the authority may inure to the benefit of or be distributable to its members or officers or other private persons. Any net earnings of the authority beyond that necessary for retirement of authority indebtedness or to implement the public purposes of this chapter shall inure to the benefit of the state. Upon termination or dissolution, all rights and properties of the authority shall pass to and are vested in the state, subject to the rights of lienholders and other creditors.
31-46-7. (a) The executive director shall approve all accounts for salaries, allowable expenses, and expenses incidental to the operation of the authority. (b) The executive director shall manage the staff and employees of the authority under the direction and approval of the authority.

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(c) The executive director shall attend the meetings of the authority and shall maintain a record of the proceedings of the authority along with all books, documents, and papers filed with the authority, the minutes of the authority, and its official seal. The executive director may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates.
31-46-8. (a) Without limiting the generality of any provisions of this chapter, the general purpose of the authority is declared to be that of providing or procuring insurance for public and private medical facilities which provide any indigent health care services in this state. The authority may develop, market, finance, and maintain one or more programs of insurance for such public and private medical facilities that desire to participate in such program and the authority shall be authorized to do any and all things deemed by the authority to be necessary, convenient, or desirable for and incident to the efficient and proper development and operation of such types of undertakings. (b) The authority and its activities shall not be subject to Title 33. The Commissioner of Insurance may, however, adopt and enforce rules, regulations, and standards to ensure the fiscal and actuarial soundness of the authority and its activities; and all records of the authority shall be open at any time to inspection by the Commissioner of Insurance or his or her authorized agents.
31-46-9. In developing a program of insurance for those medical facilities that desire to participate in such program, the authority may establish such eligibility standards and underwriting criteria for participating medical facilities as the authority deems appropriate, including but not limited to: (1) requirements that participating medical facilities assume a part or parts of any insured risks; and (2) contractual requirements for payment of premiums or assessments or both.
31-46-10. (a) All meetings of the authority shall be open to the public at all times. Ample notice shall be given to all members of the authority and to the public of any special or called meeting of the authority. The minutes of all meetings and all actions taken by the authority shall likewise be open to public inspection. (b) Each purchase made on behalf of the authority of personal property or services in excess of $20,000.00 shall be accomplished pursuant to competitive bids, after having published invitations to bid in one or more newspapers in general circulation in the state prior to the award of any contract. All bids shall be opened during meetings of the authority, and the rejection or acceptance thereof shall be entered upon the minutes of the authority.

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(c) Any surplus or unserviceable property of the authority shall be disposed of pursuant to competitive bids which shall be advertised in one or more newspapers in general circulation in the state. All bids for the disposal of such property shall be opened during public meetings of the authority, and the acceptance or rejection thereof shall be entered upon the minutes of the authority. (d) At the conclusion of each fiscal year of the authority, the affairs of the authority shall be audited by a certified public accounting firm and a report of such audit shall be submitted to the General Assembly for review.
31-46-11. (a) Every member of the authority and every employee of the authority who knowingly has any interest, direct or indirect, in any contract to which the authority is or is about to become a party, in any other business of the authority, or in any firm or corporation doing business with the authority shall make full disclosure of such interest to the authority. Failure to disclose such an interest shall constitute cause for which an authority member may be removed or an employee discharged or otherwise disciplined at the discretion of the authority. (b) Any contract or transaction of the authority involving a conflict of interest not disclosed under subsection (a) of this Code section or involving a violation of any other provision of law regulating conflicts of interest which is applicable to the authority or its members, officers, or employees shall be voidable by the authority.
31-46-12. The Attorney General shall provide legal services for the authority and Code Sections 45-15-13 through 45-15-16 shall apply with respect to such provision of legal services.
31-46-13. (a) The authority may issue bonds for the purposes of this chapter, including without limitation the provision of initial capital or reserves or both needed for the provision or procurement of insurance services by the authority. (b) The authority shall have the power to borrow money and to issue bonds, regardless of whether the interest payable by the authority incident to such loans or bonds or income derived by the holders of the evidence of such indebtedness or bonds is, for purposes of federal taxation, includable in the taxable income of the recipients of such payments or is otherwise not exempt from the imposition of such taxation on the recipient. (c) No bonds, notes, or other obligations of, and no indebtedness incurred by, the authority shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or its agencies or a cause of action against the state or its agencies. (d) It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of

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this state and are a public purpose and the authority will be performing an essential government function in the exercise of the powers conferred upon it by this chapter. The state covenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by the authority or under the jurisdiction, control, possession, or supervision of the authority or upon the activities of the authority in the financing of the activities financed by the authority or upon any principal, interest, premium, fees, charges, or other income received by the authority and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption from taxation is declared to specifically extend to any subsidiary corporation created by the board of directors of the authority but shall not extend to tenants or lessees of the authority unless otherwise exempt from taxation. The exemption from taxation shall include exemptions from sales and use taxes on property purchased by the authority or for use by the authority. (e) The state does pledge to and agree with the holders of any bonds issued by the authority pursuant to this chapter that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the benefit of the holders of bonds or in any way impair the rights and remedies of bondholders until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged or funds for the payment of such are fully provided. The authority is authorized to include this pledge and agreement of the state in any agreement with bondholders.
31-46-14. (a) The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 5 of Title 10, the 'Georgia Securities Act of 1973.' No notice, proceeding, or publication except those required in this chapter is necessary to the performance of any act authorized in this chapter; nor is any such act subject to referendum. (b) The authority shall fix such rates, fees, and charges for use of its services and facilities as is sufficient in the aggregate, when added to any other grants or funds available to the authority, to provide funds for the payment of the interest on and principal of all bonds payable from said revenues and to meet all other encumbrances upon such revenues as provided by any agreement executed by the authority in connection with the exercise of its powers under this chapter and for the payment of all operating costs and expenses which shall be incurred by the authority, including provisions for appropriate reserves. (c) The use and disposition of the authoritys revenue is subject to the provisions of the resolutions authorizing the issuance of any bonds payable therefrom or of the trust agreement or indenture, if any, securing the same. The authority may designate any of its bonds as general obligations or may limit the source of repayment pursuant to the resolution authorizing the issuance of the bonds.

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(d) The making of any loan commitment or loan, and the issuance, in anticipation of the collection of the revenues from such loan or loans, of bonds to provide funds therefor, may be authorized under this chapter by resolution of the authority. Unless otherwise provided therein, such resolution shall take effect immediately and need not be published or posted. The authority, in determining the amount of such bonds, may include all costs and estimated costs of the issuance of the bonds; all fiscal, legal, and trustee expenses; and all costs of the project. Such bonds may also be issued to pay off, refund, or refinance any outstanding bonds or other obligations of any nature, whether or not such bonds or other obligations are then subject to redemption; and the authority may provide for such arrangements as it may determine for the payment and security of the bonds being issued or for the payment and security of the bonds or other obligations to be paid off, refunded, or refinanced. (e) Bonds may be issued under this chapter in one or more series; may bear such date or dates; may mature at such time or times, not exceeding 40 years from their respective dates; may bear interest at such rate or rates, payable at such time or times; may be payable in such medium of payment at such place or places; may be in such denomination or denominations; may be in such form, either coupon or registered or book entry; may be issued in such specific amounts; may carry such registration, conversion, and exchangeability privileges; may be declared or become due before the maturity date thereof; may provide such call or redemption privileges; may have such rank or priority; may be the subject of a put or agreement to repurchase by the authority or others; may be resold by the authority, once acquired, without the acquisition being considered the extinguishment of the bonds; may be issued for a project or for more than one project, whether or not such project is identified at the time of bond issuance; and may contain such other terms, covenants, assignments, and conditions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. The authority may sell such bonds in such manner, at such price or prices, and on such terms and conditions as the authority determines. (f) The bonds must be signed by the chairperson or vice chairperson of the authority; the corporate seal of the authority must be impressed, imprinted, or otherwise reproduced on the bonds; and the bonds must be attested by the signature of the secretary or assistant secretary of the authority. The signatures of the officers of the authority and the seal of the authority on any bond issued by the authority may be facsimile if the instrument is authenticated or countersigned by a trustee other than the authority itself or an officer or employee of the authority. All bonds issued under authority of this chapter bearing signatures or facsimiles of signatures of officers of the authority in office on the date of the signing thereof are valid and binding, notwithstanding that before the delivery thereof and payment therefor such officers whose signatures appear thereon have ceased to be officers of the authority. Pending the preparation of the definitive bonds, interim certificates, in such form and with such provisions as the authority may determine, may be issued to the purchasers of bonds to be issued under this chapter. (g) The provisions of this chapter and of any bond resolution, indenture, or trust

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agreement entered into pursuant to this chapter are a contract with every holder of the bonds; and the duties of the authority under this chapter and under any such bond resolution, indenture, or trust agreement are enforceable by any bondholder by mandamus or other appropriate action or proceeding at law or in equity. (h) The authority may provide for the replacement of any bond which becomes mutilated, lost, or destroyed in the manner provided by the resolution, indenture, or trust agreement. (i) Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' the usury laws of this state, or any other laws of this state do not apply to bonds of the authority. (j) All bonds issued by the authority under this chapter shall be issued and shall be validated by the Superior Court of Fulton County, Georgia, under and in accordance with the procedures set forth in Code Sections 36-82-73 through 36-82-83, which comprise a portion of the 'Revenue Bond Law,' as now or hereafter in effect, except as provided in this chapter. Notes and other obligations of the authority may be, but are not required to be, so validated. (k) All bonds must bear a certificate of validation signed by the clerk of the Superior Court of Fulton County, Georgia. Such signature may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry is original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (l) The authority shall reimburse the district attorney for his or her actual costs, if any, associated with the bond validation proceedings. The fees payable to the clerk of the Superior Court of Fulton County for validation and confirmation shall be as follows for each bond, regardless of the denomination of such bond: $1.00 for each bond for the first 100 bonds; 25 for each of the next 400 bonds; and 10 for each bond over 500. (m) In lieu of specifying the rate or rates of interest which bonds to be issued by the authority are to bear, the notice to the district attorney or the Attorney General; the notice to the public of the time, place, and date of the validation hearing; and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and the petition and complaint or may state that, if the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which may be fixed or may fluctuate or otherwise change from time to time, so specified; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (n) Prior to issuance, all bonds shall be subject to the approval of the Georgia State Financing and Investment Commission. (o) Any other law to the contrary notwithstanding, this chapter shall govern all civil claims, proceedings, and actions respecting debt of the authority evidenced by bonds.

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31-46-15. The bonds authorized by this chapter are securities in which:
(1) All public officers and bodies of this state; (2) All local governments of this state; (3) All insurance companies and associations and other persons carrying on an insurance business; (4) All banks, bankers, trust companies, saving banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; (5) All administrators, guardians, executors, trustees, and other fiduciaries; and (6) All other persons whomsoever who are authorized to invest in bonds or other obligations of this state may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are also securities which may be deposited with and shall be received by all public officers and bodies of this state and local governments for any purpose for which deposit of the bonds or other obligations of this state is authorized.
31-46-16. (a) All or any part of the gross or net revenues and earnings derived from any particular loan or loans and any and all revenues and earnings received by the authority, regardless of whether such revenues and earnings were produced by a particular loan or loans for which bonds have been issued, may be pledged by the authority to the payment of the principal of and interest on bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any indenture or trust agreement pertaining to such bonds. (b) Such funds so pledged, from whatever source received, may include funds received from one or more of all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or indenture or trust agreement, which sinking funds may be pledged to and charged with the payment of:
(1) The interest on such bonds as such interest becomes due; (2) The principal of the bonds as the same mature; (3) The necessary charges of any trustee, paying agent, or registrar for such bonds; (4) Any premium on bonds retired on call or purchase; and (5) Reimbursement of a credit enhancement provider who has paid principal of or premium or interest on any bond. (c) The use and disposition of any sinking fund may be subject to regulations for which provision may be made in the resolution authorizing the issuance of the bonds or in the trust instrument or indenture securing the payment of the same.
31-46-17. (a) Any issue of bonds may be secured by a trust agreement or indenture made by the authority with a corporate trustee, which may be any trust company or bank having the

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power of a trust company inside or outside this state. Such trust agreement or indenture may pledge or assign all revenue, receipts, and earnings to be received by the authority from any source and any proceeds which may derive from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. (b) The resolution providing for the issuance of bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver on default in the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rates, fees, and charges pertaining to any loan, any overdue principal and interest on any loan, any overdue principal of and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the authority. (c) Such resolution, trust agreement, or indenture may include covenants setting forth the duties of the authority regarding the custody, safeguarding, and application of all funds of the authority, including any proceeds derived from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. In addition, such resolution, trust agreement, or indenture may include covenants providing for the operation, maintenance, repair, and insurance of any facility or capital improvements constructed or acquired with loan proceeds. (d) All expenses incurred in carrying out any trust agreement or indenture under this Code section may be treated as a part of the cost of financing and administering the loans that will be funded or acquired with the proceeds of the bonds governed by such trust agreement or indenture.
31-46-18. (a) All moneys received pursuant to the provisions of this chapter, whether as proceeds from the sale of bonds or other obligations, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The authority shall, in the resolution providing for the issuance of bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes expressed in this chapter, subject to such regulations as this chapter and such resolution or trust indenture may provide. (b) The authority may pledge for the payment of its bonds such assets, funds, and properties as the resolution providing for the issuance of its bonds may provide. Any such pledge made by the authority is valid and binding from the time when the pledge is made; the moneys or properties so pledged and thereafter received by the authority are immediately subject to the lien of such pledge without any physical delivery thereof or further act; and the lien of any such pledge is valid and binding as against all parties having claims of any kind against the authority, irrespective of whether such parties have notice thereof. No resolution or any other instrument by which a pledge is created need be recorded."

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SECTION 6. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by
adding a new Code Section 51-2-5.1 to read as follows: "51-2-5.1. (a) As used in this Code section, the term:
(1) 'Emergency room physician' means a physician who provides emergency health care services in a hospital emergency room and who does not have an ongoing physician-patient relationship with the emergency room patient. (2) 'Hospital' means those institutions and facilities included in paragraphs (1) and (2) of Code Section 31-7-1. (3) 'Independent contractor' means an emergency room physician who is not an employee or agent of the hospital in connection with the emergency health care services rendered to the emergency room patient. (b) A hospital shall not be liable for civil damages as a result of an act or omission by an emergency room physician who is an independent contractor of the hospital if the hospital provides notice that such emergency room physician is an independent contractor and if the emergency room physician is insured as described under subsection (f) of this Code section. The hospital shall be responsible for exercising reasonable care in granting privileges to practice in the hospital, for reviewing those privileges on a regular basis, and for taking appropriate steps to revoke or restrict privileges in appropriate circumstances. The hospital shall not be otherwise liable for the acts or omissions of an emergency room physician who is an independent contractor. (c) The notice required in subsection (b) of this Code section shall be: (1) Posted conspicuously in all admitting areas of the emergency room, consisting of a sign at least two feet high and two feet wide, with print at least two inches high; (2) Published at least annually in a newspaper of general circulation in the area; and (3) In substantially the following form:
'(Name of hospital) shall not be responsible for the actions of emergency room physicians in (name of hospitals) emergency room. The emergency room physicians are independent contractors and are not employees of the hospital.' (d) The notice required in subsection (b) of this Code section shall be sufficient if it meets the requirements of subsection (c) of this Code section, even if the patient does not receive the notice. (e) This Code section does not preclude liability for civil damages that are the proximate result of the hospitals independent negligence or intentional misconduct. (f) A hospital shall not be protected from liability under this Code section unless the emergency room physician who is an independent contractor has liability insurance coverage of $1 million per individual claim and $3 million aggregate, available to claimants, and the coverage is in effect and applicable to those health care services offered by the emergency room physician that the hospital is required to provide by law or by accreditation requirements. (g) The degree of care and skill required of an emergency room physician shall be that

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degree of care and skill ordinarily employed by the profession generally under similar conditions and like surrounding circumstances including, but not limited to, any emergency circumstances. (h) In deciding whether an emergency room physician met the standard of care and skill of his or her profession when treating a patient in an emergency room setting, a jury shall consider all relevant evidence describing what the emergency room physician faced when treating the patient. Such evidence may include, but is not limited to, the following:
(1) Whether any emergency circumstances were involved with the patients condition; (2) Whether the emergency room physician had access to the patients prior medical history; (3) Whether there was a physician-patient relationship between the emergency room physician and the patient predating the emergency care at issue; and (4) All other circumstances affecting the emergency room physicians ability to provide care in the emergency room at that time and place."
SECTION 7. Said title is further amended by striking Code Section 51-12-32, relating to right of contribution among joint trespassers, and inserting in lieu thereof the following:
"51-12-32. (a) Except as provided in Code Section 51-12-33, where a tortious act does not involve moral turpitude, contribution among several trespassers may be enforced just as if an action had been brought against them jointly. Without the necessity of being charged by action or judgment, the right of a joint trespasser to contribution from another or others shall continue unabated and shall not be lost or prejudiced by compromise and settlement of a claim or claims for injury to person or property or for wrongful death and release therefrom. (b) If a judgment is entered jointly against several trespassers and is paid off by one of them, the others shall be liable to him for contribution for their respective pro rata shares of the judgment unless the jury makes a postverdict apportionment of damages under subsection (c) of this Code section, in which case the liability of the trespassers to one another under this Code section shall be determined by the postverdict apportionment of damages. (c) In all cases where an action is brought jointly against several trespassers and a trier of fact returns an award of damages against more than one person and that award of damages is a joint liability among the persons liable, any person against whom the award was returned shall have the right to request that the trier of fact undertake a postverdict apportionment of damages among all persons found liable. Such a postverdict apportionment of damages shall determine the responsibility of each person held liable for the total award for purposes of contribution under this Code section. When this procedure is invoked, the trial court shall have discretion to permit the presentation of additional argument or evidence to the trier of fact on the question of

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apportionment of damages. (d) In all cases in which the plaintiff is himself or herself to some degree responsible for the injury or damages claimed, the trier of fact shall deny a recovery if it finds that the plaintiffs fault is greater than or equal to the aggregate fault of all defendants. Otherwise, the trier of fact shall reduce the award of compensatory damages to which the plaintiff would otherwise be entitled by the degree of the plaintiffs fault. (c)(e) Without the necessity of being charged by an action or judgment, the right of indemnity, express or implied, from another or others shall continue unabated and shall not be lost or prejudiced by compromise and settlement of a claim or claims for injury to person or property or for wrongful death and release therefrom."
SECTION 8. This Act shall become effective on July 1, 2004. Sections 1, 2, 3, 4, 6, and 7 shall apply only to causes of action arising on or after July 1, 2004.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
Senator Meyer von Bremen of the 12th asked unanimous consent that his amendment # 6a be withdrawn. The consent was granted, and the amendment was withdrawn.
Senator Meyer von Bremen of the 12th offered the following amendment # 6b:
Amend amendment number 6 to the committee substitute to HB 1028 by striking all matter beginning with line 2 of page 1 through the end of the document and inserting in lieu thereof the following:
"Amend the committee substitute to HB 1028 by striking all matter beginning with line 1 of page 1 through the end of the document and inserting in lieu thereof the following:
'To amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions in civil cases, so as to change certain provisions relating to medical malpractice civil actions; to create provisions regarding expert opinions in medical malpractice civil actions; to amend Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to examination of witnesses, so as to change provisions relating to opinions of expert witnesses; to create provisions regarding expert witnesses competent to testify in causes of action alleging medical malpractice; 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; to provide for the filling of vacancies; to provide for the powers, duties, operations, and financial affairs of the authority; to provide for the general purpose of the authority; to amend Title 51 of the

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Official Code of Georgia Annotated, relating to torts, so as to provide that hospitals shall be insulated from liability for the acts of emergency room physicians who are independent contractors providing emergency health care services in a hospital emergency room; to provide for definitions; to provide for notice requirements regarding independent contractor physicians to the public; to provide for liability insurance coverage requirements for independent contractor physicians; to provide for matters related to the standard of care; to change provisions relating to right of contribution among joint trespassers and effect of settlement so as to provide for a postverdict apportionment of damages; to change provisions relating to the effect of plaintiffs comparative negligence on right to recover; 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 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions in civil cases, is amended by striking subsections (a) and (f) of Code Section 9-11-9.1, relating to complaints for professional negligence and related requirement of filing of affidavits, and inserting in lieu thereof the following:
"(a) In any action for damages alleging professional malpractice against a professional licensed by the State of Georgia and listed in subsection (f) of this Code section or against any licensed health care facility alleged to be liable based upon the action or inaction of a health care professional licensed by the State of Georgia and listed in subsection (f) of this Code section, the plaintiff shall be required to file with the complaint an affidavit of an expert competent to testify, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim." "(f) The professions to which this Code section applies are:
(1) Architects; (2) Attorneys at law; (3) Certified public accountants; (4) Chiropractors; (5) Clinical social workers; (6) Dentists; (7) Dietitians; (8)(4) Land surveyors; or (9) Medical doctors; (10) Marriage and family therapists; (11) Nurses; (12) Occupational therapists; (13) Optometrists; (14) Osteopathic physicians; (15) Pharmacists;

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(16) Physical therapists; (17) Physicians' assistants; (18) Professional counselors; (19)(5) Professional engineers;. (20) Podiatrists; (21) Psychologists; (22) Radiological technicians; (23) Respiratory therapists; or (24) Veterinarians."
SECTION 2. Said article is further amended by adding a new Code Section 9-11-9.2 to read as follows:
"9-11-9.2. (a) In any action for damages alleging medical malpractice against a professional licensed by the State of Georgia and listed in subsection (h) of this Code section, against a professional corporation or other legal entity that provides health care services or is alleged to be liable based on the action or inaction of a health care professional licensed by the State of Georgia and listed in subsection (h) of this Code section, or against any licensed health care facility alleged to be liable based upon the action or inaction of a health care professional licensed by the State of Georgia and listed in subsection (h) of this Code section, at any time within 90 days following the filing of the complaint the plaintiff shall be required to file an affidavit of an expert competent to testify under Code Section 24-9-67.1, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim. (b) Within 30 days of service of the complaint the defendant shall be required to produce his or her curriculum vitae, resume, or other complete statement of education, experience, and certifications, as well as all records and other tangible items in the control, custody, or possession of the defendant related to the care and treatment of the patient whose care is at issue. The failure to produce this information shall toll the time to file the affidavit until such time as the information is produced. (c) If an affidavit is filed after the filing of a complaint, the defendant shall not be required to file an answer to the complaint and affidavit until 30 days after the filing of the affidavit. (d) The trial court may, on motion, after hearing and for good cause extend such time as it shall determine justice requires. If an affidavit is not filed within the period specified in this Code section or as extended by the trial court and the defendant against whom an affidavit should have been filed alleges, by motion to dismiss filed contemporaneously with its initial responsive pleading, that the plaintiff has failed to file the requisite affidavit, the complaint is subject to dismissal for failure to state a claim. (e) This Code section shall not be construed to extend any applicable period of limitation, except that if the affidavit is filed within the period specified in this Code section, the filing of the affidavit after the expiration of the statute of limitations shall be considered timely and shall provide no basis for a statute of limitations defense.

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(f) If a plaintiff files an affidavit which is allegedly defective for any reason other than a claim that after deposing the affiant he or she does not meet the requirements of Code Section 24-9-67.1, and the defendant to whom it pertains alleges, with specificity, by motion to dismiss filed contemporaneously with its initial responsive pleading, that said affidavit is defective, the plaintiff's complaint is subject to dismissal, except that the plaintiff may cure the alleged defect by amendment pursuant to Code Section 9-11-15 within 30 days of service of the motion alleging that the affidavit is defective. A defendant who after deposing the affiant alleges that an affidavit is defective because the affiant does not meet the requirements of Code Section 24-9-67.1 shall file a motion to dismiss within 30 days of the date the deposition is filed with the court or delivered to the party taking the deposition by an authorized officer or court reporter pursuant to subparagraph (f)(1)(A) of Code Section 9-11-30 or prior to the date of any pretrial hearing, whichever is earlier. In any order holding that the affiant does not meet the requirements of Code Section 24-9-67.1, the court shall state with specificity the reasons the affiant does not meet those requirements and what requirements the court deems necessary for an expert to qualify under that Code section. The plaintiff shall then have 60 days from the date of the order to submit the affidavit of another expert, during which time discovery shall be stayed. If the plaintiff fails to submit such affidavit of another expert within 60 days of the date of the order, the case against that defendant is subject to dismissal. The trial court may, in the exercise of its discretion, extend the time for filing any amendment, affidavit, or response to the motion as it shall determine justice requires. (g) If a plaintiff fails to file an affidavit as required by this Code section and the defendant raises the failure to file such an affidavit by motion to dismiss filed contemporaneously with its initial responsive pleading, such complaint shall not be subject to the renewal provisions of Code Section 9-2-61 after the expiration of the applicable period of limitation, unless a court determines that the plaintiff had the requisite affidavit within the time required by this Code section and the failure to file the affidavit was the result of a mistake. (h) The professions to which this Code section applies are:
(1) Chiropractors; (2) Clinical social workers; (3) Dentists; (4) Dietitians; (5) Marriage and family therapists; (6) Medical doctors; (7) Nurses; (8) Occupational therapists; (9) Optometrists; (10) Osteopathic physicians; (11) Pharmacists; (12) Physical therapists; (13) Physicians assistants;

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(14) Podiatrists; (15) Professional counselors; (16) Psychologists; (17) Radiological technicians; (18) Respiratory therapists; or (19) Veterinarians."
SECTION 3. Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to examination of witnesses, is amended by striking Code Section 24-9-67, relating to opinions of experts, and inserting in lieu thereof the following:
"24-9-67. Except as provided in Code Section 24-9-67.1, the The opinions of experts on any question of science, skill, trade, or like questions shall always be admissible; and such opinions may be given on the facts as proved by other witnesses."
SECTION 4. Said article is further amended by adding a new Code Section 24-9-67.1 to read as follows:
"24-9-67.1. (a) In a civil action for medical malpractice as defined in Code Section 9-3-70, the opinions of an expert as to the standard of care of the defendant whose conduct is at issue shall be admissible only if, at the time the act or omission is alleged to have occurred or at the time the witness testifies, the expert witness:
(1) Was licensed by an appropriate regulatory agency to practice his or her profession and was practicing or teaching or some combination thereof his or her profession during at least three of the five years immediately preceding such time; and (2) Except as provided in subparagraph (D) of this paragraph, is a member of the same profession and meets at least one of the following criteria:
(A) The expert shares at least one specialty certification with the defendant; (B) The expert has experience in the diagnosis or treatment of the condition at issue, the performance of the procedure or procedures at issue, or the provision of the services at issue; (C) The expert has experience in an area of practice or specialty that diagnoses, treats, or cares for patients under similar conditions or circumstances as are at issue; or (D) The expert is a physician and, as a result of having supervised, taught, or instructed nurses, nurse practitioners, certified registered nurse anesthetists, nurse midwives, physicians assistants, physical therapists, occupational therapists, or medical support staff, has knowledge of the standard of care of that health care provider under the circumstances at issue. (b) Any objection to the qualification of the expert witness to provide such testimony shall:

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(1) Be made no later than 30 days after the date the deposition is filed with the court or delivered to the party taking the deposition by an authorized officer or court reporter pursuant to subparagraph (f)(1)(A) of Code Section 9-11-30 or prior to the date of any pretrial hearing, whichever is earlier; (2) Be made by written motion; and (3) Set forth with specificity the factual and legal basis of the objection."
SECTION 5. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at its end a new Chapter 46 to read as follows:
"CHAPTER 46
31-46-1. The General Assembly finds that there presently exists a crisis in the field of hospital liability insurance. Hospitals in this state are having increasing difficulty in locating liability insurance and, when such hospitals are able to locate such insurance, the insurance is extremely costly. The result of this crisis is the potential for a diminution of the availability of access to health care services and the resultant effect on the health and well-being of the citizens of this state. The General Assembly finds that the state has a significant interest in ensuring the availability of liability insurance for hospitals which provide indigent care in this state at reasonable cost to the facilities. The General Assembly further finds that the provision of such insurance to the hospitals will result in the increased availability of health care services for the citizens of this state which is of substantial benefit to the state and its citizens.
31-46-2. This chapter shall be known and may be cited as the 'Georgia Hospital Insurance Authority Act.'
31-46-3. This chapter, being for the health and welfare of the state and its inhabitants, shall be liberally construed to effect its purposes.
31-46-4. (a) There is created a body corporate and politic to be known as the Georgia Hospital Insurance Authority which shall be deemed to be a public corporation of the State of Georgia by that name, style, and title. Said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. (b) The authority shall consist of 13 members as follows:
(1) Three members shall be appointed by the Governor. The terms of the initial members appointed by the Governor shall begin July 1, 2004, and one such member

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shall serve for a term of two years, one such member shall serve for a term of three years, and one such member shall serve for a term of four years. Thereafter, all members appointed by the Governor shall serve for terms of four years; (2) Three members shall be appointed by the President of the Senate. The terms of the initial members appointed by the President of the Senate shall begin July 1, 2004, and one such member shall serve for a term of two years, one such member shall serve for a term of three years, and one such members shall serve for a term of four years. Thereafter all members appointed by the President of the Senate shall serve for terms of four years; (3) Three members shall be appointed by the Speaker of the House of Representatives for terms concurrent with the Speakers term as Speaker; and (4) The following shall serve ex officio: the state auditor, the commissioner of community health, the Commissioner of Insurance, and the director of the Risk Management Division of the Department of Administrative Services. All members shall serve until their successors are appointed and qualified. All members shall be residents of Georgia. (c) The members of the authority shall elect one of their members as chairperson and another as vice chairperson. They shall also elect a secretary and a treasurer who need not be members. The offices of secretary and treasurer may be combined in one person. (d) The authority may make such bylaws for its government as is deemed necessary but is under no obligation to do so. (e) Any nine members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this chapter, except that the votes of a majority of the total membership of the authority shall be required in order for the authority to incur any obligation or indebtedness or enter into any contract or agreement. No person shall be entitled to exercise or cast a proxy vote for any member. No vacancy on the authority shall impair the right of a quorum to transact any and all business. (f) The members shall receive no compensation for their services; but all members shall be entitled to be reimbursed from funds of the authority for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the authority, for their services. (g) A vacancy in one of the appointive positions shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
31-46-5. As used in this chapter, the term:
(1) 'Authority' means the Georgia Hospital Insurance Authority created in Code Section 31-46-4. (2) 'Bond,' 'bonds,' or 'revenue bonds' means revenue bonds, refunding notes, notes,

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interim certificates, bond anticipation notes, and other evidences of indebtedness of the authority issued under this chapter. (3) 'Medical facility' means any hospital in this state having less than 200 licensed beds and its credentialed physicians and where such hospital, as of January 1, 2004, did not participate in a captive or self-insurance trust program established for liability insurance purposes.
31-46-6. (a) The authority shall have power:
(1) To have a seal and alter the same at pleasure; (2) To adopt, amend, and repeal bylaws and rules consistent with this chapter to regulate its affairs, to carry into effect the powers and purposes of the authority, and to conduct its business; (3) To acquire by purchase, lease, or otherwise, with the exception of eminent domain, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (4) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue; to lease or make contracts with respect to the use of the same; or to dispose of the same in any manner it deems to the best advantage of the authority; (5) To appoint, select, and employ officers, agents, consultants, and employees, including, but not limited to, fiscal agents, actuaries, accountants, risk managers, health care and financial experts, and attorneys, and fix their respective compensations; (6) To appoint, select, and employ an executive director; (7) To make contracts and leases and to execute all instruments necessary or convenient and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character. Any and all persons, firms, and corporations; the state; and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. The authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia, or the United States government, or any agency or department thereof; (8) To invest and reinvest funds; (9) To provide, obtain, or purchase insurance or reinsurance agreements or both under such terms and conditions as the authority deems appropriate; (10) To settle and pay claims under such insurance agreements under such conditions and terms as the authority deems appropriate; (11) To accept loans or grants of money or materials or property of any kind from the

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United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (12) To accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (13) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; (14) To sell, convey, mortgage, pledge, assign, lease, exchange, transfer, or otherwise dispose of all or any part of its property or assets; (15) To borrow money for any corporate purposes from any bank, banks, or other lending institutions and to execute evidences of such indebtedness and to secure the same; (16) To fix, alter, charge, and collect premiums from participating medical facilities for insurance provided by or procured by the authority, such rates to be at least sufficient to provide for payment of all expenses of the authority, the conservation, maintenance, and operation of the authority on a sound actuarial basis, the payment of principal and interest on its notes, bonds, and other evidences of indebtedness or obligation, and to fulfill the terms and provisions of any agreement made with the purchasers and holders of any such notes, bonds, or other evidences of indebtedness or obligation; and (17) To do all things necessary or convenient to carry out the powers expressly given in this chapter. (b) No part of the revenues or assets of the authority may inure to the benefit of or be distributable to its members or officers or other private persons. Any net earnings of the authority beyond that necessary for retirement of authority indebtedness or to implement the public purposes of this chapter shall inure to the benefit of the state. Upon termination or dissolution, all rights and properties of the authority shall pass to and are vested in the state, subject to the rights of lienholders and other creditors. 31-46-7. (a) The executive director shall approve all accounts for salaries, allowable expenses, and expenses incidental to the operation of the authority. (b) The executive director shall manage the staff and employees of the authority under the direction and approval of the authority. (c) The executive director shall attend the meetings of the authority and shall maintain a record of the proceedings of the authority along with all books, documents, and papers filed with the authority, the minutes of the authority, and its official seal. The executive director may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates.

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31-46-8. (a) Without limiting the generality of any provisions of this chapter, the general purpose of the authority is declared to be that of providing or procuring insurance for public and private medical facilities which provide any indigent health care services in this state. The authority may develop, market, finance, and maintain one or more programs of insurance for such public and private medical facilities that desire to participate in such program and the authority shall be authorized to do any and all things deemed by the authority to be necessary, convenient, or desirable for and incident to the efficient and proper development and operation of such types of undertakings. (b) The authority and its activities shall not be subject to Title 33. The Commissioner of Insurance may, however, adopt and enforce rules, regulations, and standards to ensure the fiscal and actuarial soundness of the authority and its activities; and all records of the authority shall be open at any time to inspection by the Commissioner of Insurance or his or her authorized agents.
31-46-9. In developing a program of insurance for those medical facilities that desire to participate in such program, the authority may establish such eligibility standards and underwriting criteria for participating medical facilities as the authority deems appropriate, including but not limited to: (1) requirements that participating medical facilities assume a part or parts of any insured risks; and (2) contractual requirements for payment of premiums or assessments or both.
31-46-10. (a) All meetings of the authority shall be open to the public at all times. Ample notice shall be given to all members of the authority and to the public of any special or called meeting of the authority. The minutes of all meetings and all actions taken by the authority shall likewise be open to public inspection. (b) Each purchase made on behalf of the authority of personal property or services in excess of $20,000.00 shall be accomplished pursuant to competitive bids, after having published invitations to bid in one or more newspapers in general circulation in the state prior to the award of any contract. All bids shall be opened during meetings of the authority, and the rejection or acceptance thereof shall be entered upon the minutes of the authority. (c) Any surplus or unserviceable property of the authority shall be disposed of pursuant to competitive bids which shall be advertised in one or more newspapers in general circulation in the state. All bids for the disposal of such property shall be opened during public meetings of the authority, and the acceptance or rejection thereof shall be entered upon the minutes of the authority. (d) At the conclusion of each fiscal year of the authority, the affairs of the authority shall be audited by a certified public accounting firm and a report of such audit shall be submitted to the General Assembly for review.

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31-46-11. (a) Every member of the authority and every employee of the authority who knowingly has any interest, direct or indirect, in any contract to which the authority is or is about to become a party, in any other business of the authority, or in any firm or corporation doing business with the authority shall make full disclosure of such interest to the authority. Failure to disclose such an interest shall constitute cause for which an authority member may be removed or an employee discharged or otherwise disciplined at the discretion of the authority. (b) Any contract or transaction of the authority involving a conflict of interest not disclosed under subsection (a) of this Code section or involving a violation of any other provision of law regulating conflicts of interest which is applicable to the authority or its members, officers, or employees shall be voidable by the authority.
31-46-12. The Attorney General shall provide legal services for the authority and Code Sections 45-15-13 through 45-15-16 shall apply with respect to such provision of legal services.
31-46-13. (a) The authority may issue bonds for the purposes of this chapter, including without limitation the provision of initial capital or reserves or both needed for the provision or procurement of insurance services by the authority. (b) The authority shall have the power to borrow money and to issue bonds, regardless of whether the interest payable by the authority incident to such loans or bonds or income derived by the holders of the evidence of such indebtedness or bonds is, for purposes of federal taxation, includable in the taxable income of the recipients of such payments or is otherwise not exempt from the imposition of such taxation on the recipient. (c) No bonds, notes, or other obligations of, and no indebtedness incurred by, the authority shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or its agencies or a cause of action against the state or its agencies. (d) It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and are a public purpose and the authority will be performing an essential government function in the exercise of the powers conferred upon it by this chapter. The state covenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by the authority or under the jurisdiction, control, possession, or supervision of the authority or upon the activities of the authority in the financing of the activities financed by the authority or upon any principal, interest, premium, fees, charges, or other income received by the authority and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the

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state. The exemption from taxation is declared to specifically extend to any subsidiary corporation created by the board of directors of the authority but shall not extend to tenants or lessees of the authority unless otherwise exempt from taxation. The exemption from taxation shall include exemptions from sales and use taxes on property purchased by the authority or for use by the authority. (e) The state does pledge to and agree with the holders of any bonds issued by the authority pursuant to this chapter that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the benefit of the holders of bonds or in any way impair the rights and remedies of bondholders until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged or funds for the payment of such are fully provided. The authority is authorized to include this pledge and agreement of the state in any agreement with bondholders.
31-46-14. (a) The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 5 of Title 10, the 'Georgia Securities Act of 1973.' No notice, proceeding, or publication except those required in this chapter is necessary to the performance of any act authorized in this chapter; nor is any such act subject to referendum. (b) The authority shall fix such rates, fees, and charges for use of its services and facilities as is sufficient in the aggregate, when added to any other grants or funds available to the authority, to provide funds for the payment of the interest on and principal of all bonds payable from said revenues and to meet all other encumbrances upon such revenues as provided by any agreement executed by the authority in connection with the exercise of its powers under this chapter and for the payment of all operating costs and expenses which shall be incurred by the authority, including provisions for appropriate reserves. (c) The use and disposition of the authoritys revenue is subject to the provisions of the resolutions authorizing the issuance of any bonds payable therefrom or of the trust agreement or indenture, if any, securing the same. The authority may designate any of its bonds as general obligations or may limit the source of repayment pursuant to the resolution authorizing the issuance of the bonds. (d) The making of any loan commitment or loan, and the issuance, in anticipation of the collection of the revenues from such loan or loans, of bonds to provide funds therefor, may be authorized under this chapter by resolution of the authority. Unless otherwise provided therein, such resolution shall take effect immediately and need not be published or posted. The authority, in determining the amount of such bonds, may include all costs and estimated costs of the issuance of the bonds; all fiscal, legal, and trustee expenses; and all costs of the project. Such bonds may also be issued to pay off, refund, or refinance any outstanding bonds or other obligations of any nature, whether or not such bonds or other obligations are then subject to redemption; and the authority

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may provide for such arrangements as it may determine for the payment and security of the bonds being issued or for the payment and security of the bonds or other obligations to be paid off, refunded, or refinanced. (e) Bonds may be issued under this chapter in one or more series; may bear such date or dates; may mature at such time or times, not exceeding 40 years from their respective dates; may bear interest at such rate or rates, payable at such time or times; may be payable in such medium of payment at such place or places; may be in such denomination or denominations; may be in such form, either coupon or registered or book entry; may be issued in such specific amounts; may carry such registration, conversion, and exchangeability privileges; may be declared or become due before the maturity date thereof; may provide such call or redemption privileges; may have such rank or priority; may be the subject of a put or agreement to repurchase by the authority or others; may be resold by the authority, once acquired, without the acquisition being considered the extinguishment of the bonds; may be issued for a project or for more than one project, whether or not such project is identified at the time of bond issuance; and may contain such other terms, covenants, assignments, and conditions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. The authority may sell such bonds in such manner, at such price or prices, and on such terms and conditions as the authority determines. (f) The bonds must be signed by the chairperson or vice chairperson of the authority; the corporate seal of the authority must be impressed, imprinted, or otherwise reproduced on the bonds; and the bonds must be attested by the signature of the secretary or assistant secretary of the authority. The signatures of the officers of the authority and the seal of the authority on any bond issued by the authority may be facsimile if the instrument is authenticated or countersigned by a trustee other than the authority itself or an officer or employee of the authority. All bonds issued under authority of this chapter bearing signatures or facsimiles of signatures of officers of the authority in office on the date of the signing thereof are valid and binding, notwithstanding that before the delivery thereof and payment therefor such officers whose signatures appear thereon have ceased to be officers of the authority. Pending the preparation of the definitive bonds, interim certificates, in such form and with such provisions as the authority may determine, may be issued to the purchasers of bonds to be issued under this chapter. (g) The provisions of this chapter and of any bond resolution, indenture, or trust agreement entered into pursuant to this chapter are a contract with every holder of the bonds; and the duties of the authority under this chapter and under any such bond resolution, indenture, or trust agreement are enforceable by any bondholder by mandamus or other appropriate action or proceeding at law or in equity. (h) The authority may provide for the replacement of any bond which becomes mutilated, lost, or destroyed in the manner provided by the resolution, indenture, or trust agreement. (i) Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' the usury laws of

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this state, or any other laws of this state do not apply to bonds of the authority. (j) All bonds issued by the authority under this chapter shall be issued and shall be validated by the Superior Court of Fulton County, Georgia, under and in accordance with the procedures set forth in Code Sections 36-82-73 through 36-82-83, which comprise a portion of the 'Revenue Bond Law,' as now or hereafter in effect, except as provided in this chapter. Notes and other obligations of the authority may be, but are not required to be, so validated. (k) All bonds must bear a certificate of validation signed by the clerk of the Superior Court of Fulton County, Georgia. Such signature may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry is original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (l) The authority shall reimburse the district attorney for his or her actual costs, if any, associated with the bond validation proceedings. The fees payable to the clerk of the Superior Court of Fulton County for validation and confirmation shall be as follows for each bond, regardless of the denomination of such bond: $1.00 for each bond for the first 100 bonds; 25 for each of the next 400 bonds; and 10 for each bond over 500. (m) In lieu of specifying the rate or rates of interest which bonds to be issued by the authority are to bear, the notice to the district attorney or the Attorney General; the notice to the public of the time, place, and date of the validation hearing; and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and the petition and complaint or may state that, if the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which may be fixed or may fluctuate or otherwise change from time to time, so specified; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (n) Prior to issuance, all bonds shall be subject to the approval of the Georgia State Financing and Investment Commission. (o) Any other law to the contrary notwithstanding, this chapter shall govern all civil claims, proceedings, and actions respecting debt of the authority evidenced by bonds.
31-46-15. The bonds authorized by this chapter are securities in which:
(1) All public officers and bodies of this state; (2) All local governments of this state; (3) All insurance companies and associations and other persons carrying on an insurance business; (4) All banks, bankers, trust companies, saving banks, and savings associations, including savings and loan associations, building and loan associations, investment

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companies, and other persons carrying on a banking business; (5) All administrators, guardians, executors, trustees, and other fiduciaries; and (6) All other persons whomsoever who are authorized to invest in bonds or other obligations of this state may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are also securities which may be deposited with and shall be received by all public officers and bodies of this state and local governments for any purpose for which deposit of the bonds or other obligations of this state is authorized.
31-46-16. (a) All or any part of the gross or net revenues and earnings derived from any particular loan or loans and any and all revenues and earnings received by the authority, regardless of whether such revenues and earnings were produced by a particular loan or loans for which bonds have been issued, may be pledged by the authority to the payment of the principal of and interest on bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any indenture or trust agreement pertaining to such bonds. (b) Such funds so pledged, from whatever source received, may include funds received from one or more of all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or indenture or trust agreement, which sinking funds may be pledged to and charged with the payment of:
(1) The interest on such bonds as such interest becomes due; (2) The principal of the bonds as the same mature; (3) The necessary charges of any trustee, paying agent, or registrar for such bonds; (4) Any premium on bonds retired on call or purchase; and (5) Reimbursement of a credit enhancement provider who has paid principal of or premium or interest on any bond. (c) The use and disposition of any sinking fund may be subject to regulations for which provision may be made in the resolution authorizing the issuance of the bonds or in the trust instrument or indenture securing the payment of the same.
31-46-17. (a) Any issue of bonds may be secured by a trust agreement or indenture made by the authority with a corporate trustee, which may be any trust company or bank having the power of a trust company inside or outside this state. Such trust agreement or indenture may pledge or assign all revenue, receipts, and earnings to be received by the authority from any source and any proceeds which may derive from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. (b) The resolution providing for the issuance of bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver on default in the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rates, fees, and charges pertaining to any loan, any overdue

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principal and interest on any loan, any overdue principal of and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the authority. (c) Such resolution, trust agreement, or indenture may include covenants setting forth the duties of the authority regarding the custody, safeguarding, and application of all funds of the authority, including any proceeds derived from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. In addition, such resolution, trust agreement, or indenture may include covenants providing for the operation, maintenance, repair, and insurance of any facility or capital improvements constructed or acquired with loan proceeds. (d) All expenses incurred in carrying out any trust agreement or indenture under this Code section may be treated as a part of the cost of financing and administering the loans that will be funded or acquired with the proceeds of the bonds governed by such trust agreement or indenture.
31-46-18. (a) All moneys received pursuant to the provisions of this chapter, whether as proceeds from the sale of bonds or other obligations, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The authority shall, in the resolution providing for the issuance of bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes expressed in this chapter, subject to such regulations as this chapter and such resolution or trust indenture may provide. (b) The authority may pledge for the payment of its bonds such assets, funds, and properties as the resolution providing for the issuance of its bonds may provide. Any such pledge made by the authority is valid and binding from the time when the pledge is made; the moneys or properties so pledged and thereafter received by the authority are immediately subject to the lien of such pledge without any physical delivery thereof or further act; and the lien of any such pledge is valid and binding as against all parties having claims of any kind against the authority, irrespective of whether such parties have notice thereof. No resolution or any other instrument by which a pledge is created need be recorded."
SECTION 6. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by
adding a new Code Section 51-2-5.1 to read as follows: "51-2-5.1. (a) As used in this Code section, the term:
(1) 'Emergency room physician' means a physician who provides emergency health care services in a hospital emergency room and who does not have an ongoing physician-patient relationship with the emergency room patient. (2) 'Hospital' means those institutions and facilities included in paragraphs (1) and (2)

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of Code Section 31-7-1. (3) 'Independent contractor' means an emergency room physician who is not an employee or agent of the hospital in connection with the emergency health care services rendered to the emergency room patient. (b) A hospital shall not be liable for civil damages as a result of an act or omission by an emergency room physician who is an independent contractor of the hospital if the hospital provides notice that such emergency room physician is an independent contractor and if the emergency room physician is insured as described under subsection (f) of this Code section. The hospital shall be responsible for exercising reasonable care in granting privileges to practice in the hospital, for reviewing those privileges on a regular basis, and for taking appropriate steps to revoke or restrict privileges in appropriate circumstances. The hospital shall not be otherwise liable for the acts or omissions of an emergency room physician who is an independent contractor. (c) The notice required in subsection (b) of this Code section shall be: (1) Posted conspicuously in all admitting areas of the emergency room, consisting of a sign at least two feet high and two feet wide, with print at least two inches high; (2) Published at least annually in a newspaper of general circulation in the area; and (3) In substantially the following form:
'(Name of hospital) shall not be responsible for the actions of emergency room physicians in (name of hospitals) emergency room. The emergency room physicians are independent contractors and are not employees of the hospital.' (d) The notice required in subsection (b) of this Code section shall be sufficient if it meets the requirements of subsection (c) of this Code section, even if the patient does not receive the notice. (e) This Code section does not preclude liability for civil damages that are the proximate result of the hospitals independent negligence or intentional misconduct. (f) A hospital shall not be protected from liability under this Code section unless the emergency room physician who is an independent contractor has liability insurance coverage of $1 million per individual claim and $3 million aggregate, available to claimants, and the coverage is in effect and applicable to those health care services offered by the emergency room physician that the hospital is required to provide by law or by accreditation requirements. (g) The degree of care and skill required of an emergency room physician shall be that degree of care and skill ordinarily employed by the profession generally under similar conditions and like surrounding circumstances including, but not limited to, any emergency circumstances. (h) In deciding whether an emergency room physician met the standard of care and skill of his or her profession when treating a patient in an emergency room setting, a jury shall consider all relevant evidence describing what the emergency room physician faced when treating the patient. Such evidence may include, but is not limited to, the following: (1) Whether any emergency circumstances were involved with the patients

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condition; (2) Whether the emergency room physician had access to the patients prior medical history; (3) Whether there was a physician-patient relationship between the emergency room physician and the patient predating the emergency care at issue; and (4) All other circumstances affecting the emergency room physicians ability to provide care in the emergency room at that time and place."
SECTION 7. Said title is further amended by striking Code Section 51-12-32, relating to right of contribution among joint trespassers, and inserting in lieu thereof the following:
"51-12-32. (a) Except as provided in Code Section 51-12-33, where a tortious act does not involve moral turpitude, contribution among several trespassers may be enforced just as if an action had been brought against them jointly. Without the necessity of being charged by action or judgment, the right of a joint trespasser to contribution from another or others shall continue unabated and shall not be lost or prejudiced by compromise and settlement of a claim or claims for injury to person or property or for wrongful death and release therefrom. (b) If a judgment is entered jointly against several trespassers and is paid off by one of them, the others shall be liable to him for contribution for their respective pro rata shares of the judgment unless the jury makes a postverdict apportionment of damages under subsection (c) of this Code section, in which case the liability of the trespassers to one another under this Code section shall be determined by the postverdict apportionment of damages. (c) In all cases where an action is brought jointly against several trespassers and a trier of fact returns an award of damages against more than one person and that award of damages is a joint liability among the persons liable, any person against whom the award was returned shall have the right to request that the trier of fact undertake a postverdict apportionment of damages among all persons found liable. Such a postverdict apportionment of damages shall determine the responsibility of each person held liable for the total award for purposes of contribution under this Code section. When this procedure is invoked, the trial court shall have discretion to permit the presentation of additional argument or evidence to the trier of fact on the question of apportionment of damages. (d) In all cases in which the plaintiff is himself or herself to some degree responsible for the injury or damages claimed, the trier of fact shall deny a recovery if it finds that the plaintiffs fault is greater than or equal to the aggregate fault of all defendants. Otherwise, the trier of fact shall reduce the award of compensatory damages to which the plaintiff would otherwise be entitled by the degree of the plaintiffs fault. (c)(e) Without the necessity of being charged by an action or judgment, the right of indemnity, express or implied, from another or others shall continue unabated and shall not be lost or prejudiced by compromise and settlement of a claim or claims for injury

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to person or property or for wrongful death and release therefrom."

SECTION 8. This Act shall become effective on July 1, 2004. Sections 1, 2, 3, 4, 6, and 7 shall apply only to causes of action arising on or after July 1, 2004.

SECTION 9. 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 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 N Golden N Hall N Hamrick

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

Y Seay N Shafer Y Smith,F N Smith,P Y Squires Y Starr N Stephens Y Stokes 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 Meyer von Bremen amendment # 6b was lost.

Senator Meyer von Bremen of the 12th moved that the Senate reconsider its action in defeating the Meyer von Bremen amendment # 6b.

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

Y Adelman N Balfour

Y Harbison Y Harp

Y Seay N Shafer

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

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

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

On the motion, the yeas were 27, nays 28, the motion lost; and amendment # 6b was not 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 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 N Hamrick

Y Harbison Y 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 Y 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

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On the adoption of the amendment, the yeas were 30, nays 25, and the Meyer von Bremen, Brown amendment # 6 was adopted.

Senator Tate of the 38th offered the following amendment # 7:

Amend the Senate Health and Human Services Committee substitute to HB 1028 by inserting after "actions;" on line 10 on page 1 "to require medical malpractice insurers to base rates on experience in this state;".

By striking line 27 on page 16 and inserting in lieu thereof the following: "conflicting provisions of Title 51 or any other law.

ARTICLE 4 31-46-70. Each domestic, foreign, and alien insurer writing or authorized to write medical malpractice insurance in this state shall develop and establish rates based upon each individual insurers experience in this state.'"

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

Y Harbison Y Harp Y Henson N Hill E 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 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 Tate amendment # 7 was lost.

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Senator Lee of the 29th moved that the Senate reconsider its action in defeating the Tate amendment # 7.

On the motion to reconsider the amendment, 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 Y 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 E 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 N Mullis N Price Y Reed N Seabaugh

Y Seay N 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 Y Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the motion, the yeas were 29, nays 26, the motion prevailed; and the Tate amendment # 7 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 N Clay

Y Harbison Y Harp Y Henson N Hill E 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 Y Tanksley Y Tate N Thomas,D

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

Y Lee N 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 28, and the Tate amendment # 7 was lost.

Senator Smith of the 25th offered the following amendment # 8:

Amend the Senate Health and Human Services Committee substitute to HB 1028 by inserting on line 8 of page 1 after "authority;" the following:
"to create the Georgia Prescriptive Drug Benefit Authority; to provide for membership and appointment and terms of members; to define certain terms; to provide for powers of the authority; to provide for the duties of the executive director; to provide for a program of insurance; to provide for administrative matters; to provide for disclosures; to provide for bonds and matters relating to the issuance of bonds; to provide for revenues and receipts;".

By inserting on line 20 of page 1 after "insurance" the following: "and in the field of prescription drug benefits for senior citizens".

By inserting on line 22 of page 1 after "costly." the following: "The senior citizens of our state are having increasing difficulty in obtaining insurance coverage to pay for prescription drugs with many foregoing medications essential to their health and well-being."

By striking line 7 of page 2 and inserting in lieu thereof the following: "(c) The General Assembly further finds that the state has a significant interest in ensuring the availability of prescription drug benefits to our senior citizens at a reasonable cost. The General Assembly further finds that providing such insurance to senior citizens through the authority created in this chapter will result in the increased availability of health care services to senior citizens of this state, which is of substantial benefit to the state and its citizens. (d) The General Assembly further finds that certain civil justice reforms as provided in this".

By striking the word "chapter" and inserting in lieu thereof the word "article" each time it

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appears on lines 13 and 16 of page 2; lines 18 and 36 of page 3; line 11 of page 4; lines 29 and 33 of page 5; line 13 of page 6; lines 2, 18, and 31 of page 8; lines 6, 7, 14, 23, and 33 of page 9; lines 19, 25, 26, 27, 28, and 36 of page 10; lines 3, 30, and 33 of page 11; and lines 28, 31, and 35 of page 13.
By inserting immediately following line 10 of page 14 the following: "31-46-50. (a) There is created a body corporate and politic to be known as the Georgia Prescriptive Drug Benefit Authority which shall be deemed to be a public corporation of the State of Georgia and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. (b) The authority shall consist of 13 members as follows: (1) Three members shall be appointed by the Governor. The terms of the initial members appointed by the Governor shall begin July 1, 2004, and one such member shall serve for a term of two years, one such member shall serve for a term of three years, and one such member shall serve for a term of four years. Thereafter, all members appointed by the Governor shall serve for terms of four years; (2) Three members shall be appointed by the President of the Senate. The terms of the initial members appointed by the President of the Senate shall begin July 1, 2004, and one such member shall serve for a term of two years, one such member shall serve for a term of three years, and one such member shall serve for a term of four years. Thereafter all members appointed by the President of the Senate shall serve for terms of four years; (3) Three members shall be appointed by the Speaker of the House of Representatives for terms concurrent with the Speakers term as Speaker; and (4) The following shall serve ex officio: the state auditor, the commissioner of community health, the Commissioner of Insurance, and the director of the Risk Management Division of the Department of Administrative Services. All members shall serve until their successors are appointed and qualified. All members shall be residents of Georgia. (c) The members of the authority shall elect one of their members as chairperson and another as vice chairperson. They shall also elect a secretary and a treasurer who need not be members. The offices of secretary and treasurer may be combined in one person. (d) The authority may make such bylaws for its government as is deemed necessary but is under no obligation to do so. (e) Any nine members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this article, except that the votes of a majority of the total membership of the authority shall be required in order for the authority to incur any obligation or indebtedness or enter into any contract or agreement. No person shall be entitled to exercise or cast a proxy vote for any member. No vacancy on the authority shall impair

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the right of a quorum to transact any and all business. (f) The members shall receive no compensation for their services, but all members shall be entitled to be reimbursed from funds of the authority for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the authority, for their services. (g) A vacancy in one of the appointive positions shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
31-46-51. As used in this article, the term:
(1) 'Authority' means the Georgia Prescriptive Drug Benefit Authority created in Code Section 31-46-50. (2) 'Bond,' 'bonds,' or 'revenue bonds' means revenue bonds, refunding notes, notes, interim certificates, bond anticipation notes, and other evidences of indebtedness of the authority issued under this article. (3) 'Citizen' or 'citizens' means citizens of the State of Georgia who are 60 years of age or older. (4) 'Insurance' means an insurance or indemnity policy which would pay for all or part of the costs of prescription drugs.
31-46-52. (a) The authority shall have power:
(1) To have a seal and alter the same at pleasure; (2) To adopt, amend, and repeal bylaws and rules consistent with this article to regulate its affairs, to carry into effect the powers and purposes of the authority, and to conduct its business; (3) To acquire by purchase, lease, or otherwise, with the exception of eminent domain, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (4) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue; to lease or make contracts with respect to the use of the same; or to dispose of the same in any manner it deems to the best advantage of the authority; (5) To appoint, select, and employ officers, agents, consultants, and employees, including, but not limited to, fiscal agents, actuaries, accountants, risk managers, health care and financial experts, and attorneys and fix their respective compensations; (6) To appoint, select, and employ an executive director which action shall be mandatory; (7) To make contracts and leases and to execute all instruments necessary or

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convenient and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character. Any and all persons, firms, and corporations; the state; and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. The authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia, or the United States government, or any agency or department thereof; (8) To invest and reinvest funds; (9) To provide, obtain, or purchase insurance or reinsurance agreements or both under such terms and conditions as the authority deems appropriate; (10) To settle and pay claims under such insurance agreements under such conditions and terms as the authority deems appropriate; (11) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (12) To accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (13) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; (14) To sell, convey, mortgage, pledge, assign, lease, exchange, transfer, or otherwise dispose of all or any part of its property or assets; (15) To borrow money for any corporate purposes from any bank, banks, or other lending institutions and to execute evidences of such indebtedness and to secure the same; (16) To fix, alter, charge, and collect premiums from participating citizens for prescription drug benefit insurance provided by or procured by the authority, such rates to be at least sufficient to provide for payment of all expenses of the authority, the conservation, maintenance, and operation of the authority on a sound actuarial basis, the payment of principal and interest on its notes, bonds, and other evidences of indebtedness or obligation, and to fulfill the terms and provisions of any agreement made with the purchasers and holders of any such notes, bonds, or other evidences of indebtedness or obligation; and (17) To do all things necessary or convenient to carry out the powers expressly given in this article. (b) No part of the revenues or assets of the authority may inure to the benefit of or be distributable to its members or officers or other private persons. Any net earnings of the authority beyond that necessary for retirement of authority indebtedness or to implement the public purposes of this article shall inure to the benefit of the state. Upon

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termination or dissolution, all rights and properties of the authority shall pass to and are vested in the state, subject to the rights of lienholders and other creditors.
31-46-53. (a) The executive director shall approve all accounts for salaries, allowable expenses, and expenses incidental to the operation of the authority. (b) The executive director shall manage the staff and employees of the authority under the direction and approval of the authority. (c) The executive director shall attend the meetings of the authority and shall maintain a record of the proceedings of the authority along with all books, documents, and papers filed with the authority, the minutes of the authority, and its official seal. The executive director may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates.
31-46-54. (a) Without limiting the generality of any provisions of this article, the general purpose of the authority is declared to be that of providing or procuring insurance for citizens in this state. The authority may develop, market, finance, and maintain one or more programs of insurance for such citizens that desire to participate in such program and the authority shall be authorized to do any and all things deemed by the authority to be necessary, convenient, or desirable for and incident to the efficient and proper development and operation of such types of undertakings. (b) The authority and its activities shall not be subject to Title 33. The Commissioner of Insurance may, however, adopt and enforce rules, regulations, and standards to ensure the fiscal and actuarial soundness of the authority and its activities; and all records of the authority shall be open at any time to inspection by the Commissioner of Insurance or his or her authorized agents.
31-46-55. In developing a program of insurance for citizens that desire to participate in such program, the authority may establish such eligibility standards and underwriting criteria for participating citizens as the authority deems appropriate.
31-46-56. (a) All meetings of the authority shall be open to the public at all times. Ample notice shall be given to all members of the authority and to the public of any special or called meeting of the authority. The minutes of all meetings and all actions taken by the authority shall likewise be open to public inspection. (b) Each purchase made on behalf of the authority of personal property or services in excess of $20,000.00 shall be accomplished pursuant to competitive bids, after having published invitations to bid in one or more newspapers in general circulation in the state

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prior to the award of any contract. All bids shall be opened during meetings of the authority, and the rejection or acceptance thereof shall be entered upon the minutes of the authority. (c) Any surplus or unserviceable property of the authority shall be disposed of pursuant to competitive bids which shall be advertised in one or more newspapers in general circulation in the state. All bids for the disposal of such property shall be opened during public meetings of the authority, and the acceptance or rejection thereof shall be entered upon the minutes of the authority. (d) At the conclusion of each fiscal year of the authority, the affairs of the authority shall be audited by a certified public accounting firm and a report of such audit shall be submitted to the General Assembly for review.
31-46-57. (a) Every member of the authority and every employee of the authority who knowingly has any interest, direct or indirect, in any contract to which the authority is or is about to become a party, in any other business of the authority, or in any firm or corporation doing business with the authority shall make full disclosure of such interest to the authority. Failure to disclose such an interest shall constitute cause for which an authority member may be removed or an employee discharged or otherwise disciplined at the discretion of the authority. (b) Any contract or transaction of the authority involving a conflict of interest not disclosed under subsection (a) of this Code section or involving a violation of any other provision of law regulating conflicts of interest which is applicable to the authority or its members, officers, or employees shall be voidable by the authority.

31-46-58. The Attorney General shall provide legal services for the authority and Code Sections 45-15-13 through 45-15-16 shall apply with respect to such provision of legal services.
31-46-59. (a) The authority may issue bonds for the purposes of this article, including without limitation the provision of initial capital or reserves or both needed for the provision or procurement of insurance services by the authority. (b) The authority shall have the power to borrow money and to issue bonds, regardless of whether the interest payable by the authority incident to such loans or bonds or income derived by the holders of the evidence of such indebtedness or bonds is, for purposes of federal taxation, includable in the taxable income of the recipients of such payments or is otherwise not exempt from the imposition of such taxation on the recipient. (c) No bonds, notes, or other obligations of, and no indebtedness incurred by, the authority shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or its agencies; nor shall any act of the authority in any

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manner constitute or result in the creation of an indebtedness of the state or its agencies or a cause of action against the state or its agencies. (d) It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and are a public purpose and the authority will be performing an essential government function in the exercise of the powers conferred upon it by this article. The state covenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by the authority or under the jurisdiction, control, possession, or supervision of the authority or upon the activities of the authority in the financing of the activities financed by the authority or upon any principal, interest, premium, fees, charges, or other income received by the authority and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption from taxation is declared to specifically extend to any subsidiary corporation created by the board of directors of the authority but shall not extend to tenants or lessees of the authority unless otherwise exempt from taxation. The exemption from taxation shall include exemptions from sales and use taxes on property purchased by the authority or for use by the authority. (e) The state does pledge to and agree with the holders of any bonds issued by the authority pursuant to this article that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the benefit of the holders of bonds or in any way impair the rights and remedies of bondholders until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged or funds for the payment of such are fully provided. The authority is authorized to include this pledge and agreement of the state in any agreement with bondholders.
31-46-60. (a) The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 5 of Title 10, the 'Georgia Securities Act of 1973.' No notice, proceeding, or publication except those required in this article is necessary to the performance of any act authorized in this article; nor is any such act subject to referendum. (b) The authority shall fix such rates, fees, and charges for use of its services and facilities as is sufficient in the aggregate, when added to any other grants or funds available to the authority, to provide funds for the payment of the interest on and principal of all bonds payable from said revenues and to meet all other encumbrances upon such revenues as provided by any agreement executed by the authority in connection with the exercise of its powers under this article and for the payment of all operating costs and expenses which shall be incurred by the authority, including provisions for appropriate reserves. (c) The use and disposition of the authoritys revenue is subject to the provisions of the

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resolutions authorizing the issuance of any bonds payable therefrom or of the trust agreement or indenture, if any, securing the same. The authority may designate any of its bonds as general obligations or may limit the source of repayment pursuant to the resolution authorizing the issuance of the bonds. (d) The making of any loan commitment or loan, and the issuance, in anticipation of the collection of the revenues from such loan or loans, of bonds to provide funds therefor, may be authorized under this article by resolution of the authority. Unless otherwise provided therein, such resolution shall take effect immediately and need not be published or posted. The authority, in determining the amount of such bonds, may include all costs and estimated costs of the issuance of the bonds; all fiscal, legal, and trustee expenses; and all costs of the project. Such bonds may also be issued to pay off, refund, or refinance any outstanding bonds or other obligations of any nature, whether or not such bonds or other obligations are then subject to redemption; and the authority may provide for such arrangements as it may determine for the payment and security of the bonds being issued or for the payment and security of the bonds or other obligations to be paid off, refunded, or refinanced. (e) Bonds may be issued under this article in one or more series; may bear such date or dates; may mature at such time or times, not exceeding 40 years from their respective dates; may bear interest at such rate or rates, payable at such time or times; may be payable in such medium of payment at such place or places; may be in such denomination or denominations; may be in such form, either coupon or registered or book entry; may be issued in such specific amounts; may carry such registration, conversion, and exchangeability privileges; may be declared or become due before the maturity date thereof; may provide such call or redemption privileges; may have such rank or priority; may be the subject of a put or agreement to repurchase by the authority or others; may be resold by the authority, once acquired, without the acquisition being considered the extinguishment of the bonds; may be issued for a project or for more than one project, whether or not such project is identified at the time of bond issuance; and may contain such other terms, covenants, assignments, and conditions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. The authority may sell such bonds in such manner, at such price or prices, and on such terms and conditions as the authority determines. (f) The bonds must be signed by the chairperson or vice chairperson of the authority; the corporate seal of the authority must be impressed, imprinted, or otherwise reproduced on the bonds; and the bonds must be attested by the signature of the secretary or assistant secretary of the authority. The signatures of the officers of the authority and the seal of the authority on any bond issued by the authority may be facsimile if the instrument is authenticated or countersigned by a trustee other than the authority itself or an officer or employee of the authority. All bonds issued under authority of this article bearing signatures or facsimiles of signatures of officers of the authority in office on the date of the signing thereof are valid and binding, notwithstanding that before the delivery thereof and payment therefor such officers whose signatures appear thereon have ceased to be officers of the authority. Pending the

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preparation of the definitive bonds, interim certificates, in such form and with such provisions as the authority may determine, may be issued to the purchasers of bonds to be issued under this article. (g) The provisions of this article and of any bond resolution, indenture, or trust agreement entered into pursuant to this article are a contract with every holder of the bonds; and the duties of the authority under this article and under any such bond resolution, indenture, or trust agreement are enforceable by any bondholder by mandamus or other appropriate action or proceeding at law or in equity. (h) The authority may provide for the replacement of any bond which becomes mutilated, lost, or destroyed in the manner provided by the resolution, indenture, or trust agreement. (i) Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' the usury laws of this state, or any other laws of this state do not apply to bonds of the authority. (j) All bonds issued by the authority under this article shall be issued and shall be validated by the Superior Court of Fulton County, Georgia, under and in accordance with the procedures set forth in Code Sections 36-82-73 through 36-82-83, which comprise a portion of the 'Revenue Bond Law,' as now or hereafter in effect, except as provided in this article. Notes and other obligations of the authority may be, but are not required to be, so validated. (k) All bonds must bear a certificate of validation signed by the clerk of the Superior Court of Fulton County, Georgia. Such signature may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry is original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (l) The authority shall reimburse the district attorney for his or her actual costs, if any, associated with the bond validation proceedings. The fees payable to the clerk of the Superior Court of Fulton County for validation and confirmation shall be as follows for each bond, regardless of the denomination of such bond: $1.00 for each bond for the first 100 bonds; 25 for each of the next 400 bonds; and 10 for each bond over 500. (m) In lieu of specifying the rate or rates of interest which bonds to be issued by the authority are to bear, the notice to the district attorney or the Attorney General; the notice to the public of the time, place, and date of the validation hearing; and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and the petition and complaint or may state that, if the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which may be fixed or may fluctuate or otherwise change from time to time, so specified; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint.

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(n) Prior to issuance, all bonds shall be subject to the approval of the Georgia State Financing and Investment Commission. (o) Any other law to the contrary notwithstanding, this article shall govern all civil claims, proceedings, and actions respecting debt of the authority evidenced by bonds.
31-46-61. The bonds authorized by this article are securities in which:
(1) All public officers and bodies of this state; (2) All local governments of this state; (3) All insurance companies and associations and other persons carrying on an insurance business; (4) All banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; (5) All administrators, guardians, executors, trustees, and other fiduciaries; and (6) All other persons whomsoever who are authorized to invest in bonds or other obligations of this state may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are also securities which may be deposited with and shall be received by all public officers and bodies of this state and local governments for any purpose for which deposit of the bonds or other obligations of this state is authorized.
31-46-62. (a) All or any part of the gross or net revenues and earnings derived from any particular loan or loans and any and all revenues and earnings received by the authority, regardless of whether such revenues and earnings were produced by a particular loan or loans for which bonds have been issued, may be pledged by the authority to the payment of the principal of and interest on bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any indenture or trust agreement pertaining to such bonds. (b) Such funds so pledged, from whatever source received, may include funds received from one or more of all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or indenture or trust agreement, which sinking funds may be pledged to and charged with the payment of:
(1) The interest on such bonds as such interest becomes due; (2) The principal of the bonds as the same mature; (3) The necessary charges of any trustee, paying agent, or registrar for such bonds; (4) Any premium on bonds retired on call or purchase; and (5) Reimbursement of a credit enhancement provider who has paid principal of or premium or interest on any bond. (c) The use and disposition of any sinking fund may be subject to regulations for which provision may be made in the resolution authorizing the issuance of the bonds or in the trust instrument or indenture securing the payment of the same.

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31-46-63. (a) Any issue of bonds may be secured by a trust agreement or indenture made by the authority with a corporate trustee, which may be any trust company or bank having the power of a trust company inside or outside this state. Such trust agreement or indenture may pledge or assign all revenue, receipts, and earnings to be received by the authority from any source and any proceeds which may derive from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. (b) The resolution providing for the issuance of bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver on default in the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rates, fees, and charges pertaining to any loan, any overdue principal and interest on any loan, any overdue principal of and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the authority. (c) Such resolution, trust agreement, or indenture may include covenants setting forth the duties of the authority regarding the custody, safeguarding, and application of all funds of the authority, including any proceeds derived from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. In addition, such resolution, trust agreement, or indenture may include covenants providing for the operation, maintenance, repair, and insurance of any facility or capital improvements constructed or acquired with loan proceeds. (d) All expenses incurred in carrying out any trust agreement or indenture under this Code section may be treated as a part of the cost of financing and administering the loans that will be funded or acquired with the proceeds of the bonds governed by such trust agreement or indenture.
31-46-64. (a) All moneys received pursuant to the provisions of this article, whether as proceeds from the sale of bonds or other obligations, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this article. The authority shall, in the resolution providing for the issuance of bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes expressed in this article, subject to such regulations as this article and such resolution or trust indenture may provide. (b) The authority may pledge for the payment of its bonds such assets, funds, and properties as the resolution providing for the issuance of its bonds may provide. Any such pledge made by the authority is valid and binding from the time when the pledge is made; the moneys or properties so pledged and thereafter received by the authority are immediately subject to the lien of such pledge without any physical delivery thereof or further act; and the lien of any such pledge is valid and binding as against all parties

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having claims of any kind against the authority, irrespective of whether such parties have notice thereof. No resolution or any other instrument by which a pledge is created need be recorded.
ARTICLE 4"

By renumbering Code Sections 31-46-50 through 31-46-53 on pages 14, 15, and 16 of said substitute as Code Sections 31-46-80 through 31-46-83, respectively.

Senator Unterman of the 45th asked for a ruling on the germaneness of amendment #8. The President ruled the amendment germane.

Senator Unterman of the 45th appealed the ruling of the Chair and the President deferred to President Pro Tempore Eric Johnson. The President Pro Tempore ruled amendment #8 germane.

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

Y Harbison Y Harp Y Henson N Hill E 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 Seay 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 25, nays 28, and the Smith of the 25th amendment # 8 was lost.

Senators Thomas of the 54th, Price of the 56th, Johnson of the 1st, Hudgens of the 47th, Moody of the 27th and others offered the following amendment # 9:

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Amend the committee substitute to HB 1028 (LC 14 8858S) by adding after the semicolon on line 10 of page 1 the following:
"to limit the maximum aggregate amount of noneconomic damages in medical malpractice actions to $750,000.00 and provide for periodic payments of certain damages in such actions;".
By striking the quotation mark on line 27 of page 16 and inserting between lines 27 and 28 of page 16 the following:
"31-46-54. (a) As used in this Code section, the term:
(1) 'Claimant' means a person, including a decedents estate, who seeks or has sought recovery of damages in a health care liability claim. All persons claiming to have sustained damages as the result of the bodily injury or death of a single person are considered a single claimant. (2) 'Noneconomic damages' means damages for physical and emotional pain, discomfort, anxiety, hardship, distress, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, injury to reputation, and all other nonpecuniary losses of any kind or nature. This term does not include past or future:
(A) Medical expenses, including rehabilitation and therapy; (B) Wages; (C) Income; (D) Funeral and burial expenses; (E) The value of services performed by the injured in the absence of the injury or death; or (F) Other monetary expenses. (b) In any verdict returned or judgment entered in a medical malpractice action, including an action for wrongful death, against one or more health care providers, the total amount recoverable by a claimant for noneconomic damages in such action shall be limited to an amount not to exceed $250,000.00, regardless of the number of defendant health care providers against whom the claim is asserted or the number of separate causes of action on which the claim is based. (c) In any verdict returned or judgment entered in a medical malpractice action, including an action for wrongful death, against a single medical facility, inclusive of all persons and entities for which vicarious liability theories may apply, the total amount recoverable by a claimant for noneconomic damages in such action shall be limited to an amount not to exceed $250,000.00, regardless of the number of separate causes of action on which the claim is based. (d) In any verdict returned or judgment entered in a medical malpractice action, including an action for wrongful death, against more than one medical facility, inclusive of all persons and entities for which vicarious liability theories may apply, the total amount recoverable by a claimant for noneconomic damages in such action shall

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be limited to an amount not to exceed $250,000.00 from any single medical facility and $500,000.00 from all medical facilities, regardless of the number of defendant medical facilities against whom the claim is asserted or the number of separate causes of action on which the claim is based. (e) In applying subsections (b), (c), and (d) of this Code section, the aggregate amount of noneconomic damages recoverable under such subsections shall in no event exceed $750,000.00. (f) In any medical malpractice action, if an award of future damages equaling or exceeding $250,000.00 is made against any party in the action, the trial court shall, upon the request of any party, issue an order providing that such damages be paid by periodic payments. Such periodic payments shall be funded through an annuity policy with the premium for such annuity equal to the amount of the award for future damages.'"
Senator Harp of the 16th offered the following amendment # 9a:
Amend the amendment (AM 14 0693) to the Senate Health and Human Services Committee substitute to HB 1028 by adding the word "not" before the word "including" on line 27 of page 1, line 1 of page 2, and line 7 of page 2.
By adding after the period on line 17 of page 2 the following: "This subsection and subsections (b), (c), and (d) of this Code section shall not apply to an action for wrongful death."

Senators Shafer of the 48th, Harp of the 16th, Clay of the 37th, Adelman of the 42nd and Mullis of the 53rd offered the following amendment # 9b:
Amend amendment #9 to the Senate Health and Human Services Committee substitute to HB 1028 (AM 14 0693) by striking from line 2 on page 1 through line 22 on page 2 and inserting in lieu thereof the following: "Amend the Senate Health and Human Services Committee substitute to HB 1028 by inserting after 'actions;' on line 10 on page 1 'to provide for the bifurcation of the liability and damages issues in medical malpractice cases; to provide for certain jury instructions; to provide for the review of certain verdicts;'.
By striking line 27 on page 16 and inserting in lieu thereof the following: 'conflicting provisions of Title 51 or any other law.
ARTICLE 4 31-46-70. (a) In any medical malpractice case, the trier of fact shall first resolve from the

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evidence produced at trial the question of liability. This finding shall be made specially through an appropriate form of verdict, along with the other required findings. (b) If the trier of fact determines that a party is liable to another party under the evidence produced at trial, the trial shall immediately be recommenced in order to receive such evidence as is relevant to a decision regarding what amount of compensatory damages, if any, will be sufficient to compensate the injured party in light of the circumstances of the case. It shall then be the duty of the trier of fact to set the amount to be awarded. (c) Prior to beginning deliberations on the amount of compensatory damages to be awarded, the trial court shall advise the jury as to the range of awards for noneconomic damages for injuries factually comparable to the injuries claimed to have been suffered by the injured party that have been rendered in the judicial circuit in which the trial is being held or in similar judicial circuits in the state. (d) If a jury awards as a part of compensatory damages noneconomic damages that exceed the range of awards for noneconomic damages for injuries factually comparable to the injuries claimed to have been suffered by the injured party that have been rendered in the judicial circuit in which the trial is being held or in similar judicial circuits in the state by 25 percent or more, the trial court shall review such award and determine if such award is clearly so excessive as to be inconsistent with the preponderance of the evidence. If the court finds that the award is excessive, the trial court shall order a new trial as to damages only, as to any or all parties, or may condition the grant of such a new trial upon any partys refusal to accept an amount of noneconomic damages determined by the trial court to be appropriate and not excessive under the evidence produced at trial.'"

Senator Thomas of the 54th asked unanimous consent that his amendment # 9 be withdrawn. The consent was granted, and the amendment was withdrawn.
Pursuant to the withdrawal of amendment # 9, amendments # 9a and # 9b were moot.
Senators Unterman of the 45th, Price of the 56th and Thomas of the 54th offered the following amendment # 10:
Amend the committee substitute to HB 1028 (LC 14 8858S) by adding after the semicolon on line 9 of page 1 the following:
"to provide for limited liability for certain medical facilities and health care providers for treatment of certain emergency conditions under certain conditions;".
By inserting between lines 3 and 4 of page 15 the following: "31-46-51.1. (a) As used in this Code section, the term:

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(1) 'Dedicated emergency department' means any department or facility of a hospital located on the main hospital campus that meets one of the following requirements:
(A) It is held out to the public, by name, posted signs, advertising, or other means, as a place that provides care for emergency medical conditions on an urgent basis without requiring a previously scheduled appointment; or (B) During the calendar year immediately preceding the calendar year in which a determination under this Code section is being made, based upon a representative sample of patient visits that occurred during that calendar year, it provided at least one-third of all of its outpatient visits for the treatment of emergency medical conditions on an urgent basis without requiring a previously scheduled appointment. (2) 'Emergency medical condition' means: (A) A medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in:
(i) Placing the health of the individual, or, with respect to a pregnant woman, the health of the woman or her unborn child, in serious jeopardy; (ii) Serious impairment to bodily functions; or (iii) Serious dysfunction of any bodily organ or part; or (B) With respect to a pregnant woman who is having contractions: (i) That there is inadequate time to effect a safe transfer to another hospital before delivery; or (ii) That transfer may pose a threat to the health or safety of the woman or the unborn child. (3) 'Hospital' means a medical facility which has a valid permit or provisional permit issued by the Department of Human Resources under Chapter 7 of Title 31 and which operates a dedicated emergency department that provides care or assistance, including but not limited to emergency care, to individuals seeking medical treatment. Such term shall also include any employee of such hospital who provides care or assistance to such individuals within the scope of his or her employment, whether or not such person is a health care provider. (4) 'Noneconomic damages' means damages for physical and emotional pain, discomfort, anxiety, hardship, distress, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, injury to reputation, and all other nonpecuniary losses of any kind or nature. This term does not include past or future: (A) Medical expenses, including rehabilitation and therapy; (B) Wages; (C) Income; (D) Funeral and burial expenses; (E) The value of services performed by the injured in the absence of the injury or death; or (F) Other monetary expenses. (b) Without waiving or affecting and cumulative of any existing immunity from any

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source, unless it is established that injuries or death were caused by gross negligence or willful or wanton misconduct, no hospital or health care provider that renders care or assistance to an individual who comes to a dedicated emergency department for treatment of a medical condition, whether such care or assistance is rendered gratuitously or for a fee, shall be held liable for noneconomic damages to or for the benefit of any claimant arising out of any act or omission in rendering such care or assistance. (c) The limitation on liability provided in subsection (b) of this Code section shall not apply to any act or omission in rendering care or assistance:
(1) Unrelated to the original medical condition for which the individual sought care or assistance; (2) Which occurs more than 24 hours after the hospital or health care provider began rendering such care or assistance; or (3) To a pregnant woman in active labor who has previously received prenatal care from such hospital or health care provider for such pregnancy."

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

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

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

On the adoption of the amendment, the yeas were 29, nays 26, and the Unterman, et al. amendment # 10 was adopted.

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Senator Balfour of the 9th offered the following amendment # 11:
Amend the committee substitute to HB 1028 (LC 14 8858S) by striking from line 10 of page 1 the words "and allocation of liability in medical malpractice actions".
By adding after the semicolon on line 10 of page 1 the following: "to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to change provisions relating to the allocation of liability and recovery of damages in tort actions;"
By inserting a quotation mark at the end of line 6 of page 16 and striking all matter on lines 7 through 27 of page 16.
By inserting after Section 1 a new Section 1.1 to read as follows:
"SECTION 1.1. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by striking Code Section 51-12-31, relating to recovery against joint trespassers, and Code Section 51-12-33, relating to apportionment of damages, and inserting in their respective places new Code Sections to read as follows:
'51-12-31. Except as provided in Code Section 51-12-33, where an action is brought jointly against several trespassers tort-feasors, the plaintiff may recover damages for the greatest injury done an injury caused by any of the defendants against all of them only the defendant or defendants liable for the injury pursuant to subsection (b) of Code Section 51-12-33. In its verdict, the jury may specify the particular damages to be recovered of each defendant. Judgment in such a case must be entered severally.' '51-12-33. (a) Where an action is brought against more than one person for injury to person or property and the plaintiff is himself to some degree responsible for the injury or damages claimed, the trier of fact, in its determination of the total amount of damages to be awarded, if any, may apportion its award of damages among the persons who are liable and whose degree of fault is greater than that of the injured party according to the degree of fault of each person. Damages, if apportioned by the trier of fact as provided in this Code section, shall be the liability of each person against whom they are awarded, shall not be a joint liability among the persons liable, and shall not be subject to any right of contribution. Where an action is brought against one or more persons for injury to person or property and the plaintiff is to some degree responsible for the injury or damages claimed, the trier of fact, in its determination of the total amount of damages to be awarded, if any, shall determine the percentage of negligence of the plaintiff and shall reduce the amount of damages otherwise awarded to the plaintiff in proportion to his or her negligence compared with that of the person or persons liable

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for the injury or damages claimed. (b) Subsection (a) of this Code section shall not affect venue provisions regarding joint actions. Where an action is brought against more than one person for injury to person or property, the trier of fact, in its determination of the total amount of damages to be awarded, if any, shall after a reduction of damages pursuant to subsection (a) of this Code section, if any, apportion its award of damages among the persons who are liable according to the degree of fault of each person. Damages apportioned by the trier of fact as provided in this Code section shall be the liability of each person against whom they are awarded, shall not be a joint liability among the persons liable, and shall not be subject to any right of contribution. (c) This Code section shall apply only to causes of action arising on or after July 1, 1987. Notwithstanding the provisions of this Code section and any other provisions of law which might be construed to the contrary, the plaintiff shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed. (d) This Code section shall not affect venue provisions regarding joint actions.'"

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

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

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

On the adoption of the amendment, the yeas were 28, nays 26, and the Balfour amendment # 11 was adopted.

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Senator Fort of the 39th offered the following amendment # 12:
Amend the Senate Health and Human Services Committee substitute to HB 1028 by inserting after "reforms;" on line 4 on page 1 "to provide definitions; to provide for the use of credit and credit scoring information in underwriting or rating medical malpractice risks by insurance companies; to provide limitations on the use of such information; to provide for dispute resolution and error correction; to provide for notifications; to require certain filings by insurers using credit and credit scoring information for medical malpractice insurance; to provide for indemnification;".
By striking line 27 on page 16 and inserting in lieu thereof the following: "conflicting provisions of Title 51 or any other law.
ARTICLE 4 31-46-70. As used in this article, the term:
(1) "Adverse action" shall mean a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of any insurance, existing or applied for, in connection with the underwriting of medical malpractice insurance. (2) "Affiliate" shall mean any company that controls, is controlled by, or is under common control with another company. (3) "Applicant" shall mean an individual health care facility or health care provider who has applied to be covered by a medical malpractice insurance policy with an insurer. (4) "Consumer" shall mean an insured whose credit information is used or whose insurance score is calculated in the underwriting or rating of a medical malpractice insurance policy or an applicant for such a policy. (5) "Consumer reporting agency" shall mean any person or entity that, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties. (6) "Credit information" shall mean any credit related information derived from a credit report or found on a credit report utilized by an insurer or used by an insurer to calculate an insurance score for medical malpractice insurance. Information that is not credit related shall not be considered credit information, regardless of whether it is contained in a credit report or in an application, or is used to calculate an insurance score. (7) "Credit report" shall mean any written, oral, or other communication of information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, or credit capacity which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor to determine

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malpractice insurance premiums, eligibility for coverage, or tier placement. (8) "Insurance score" shall mean a number or rating that is derived from an algorithm, computer application, model, or other process that is based in whole or in part on credit information for the purposes of predicting the future insurance loss exposure of an individual applicant or insured. (9) "Medical malpractice insurance" shall mean an insurance policy which would pay a claim in the event of injury or death to a patient caused by a health care facility or health care provider through an act or omission which constitutes a negligent deviation from the standard of care in the treatment of such patient.
31-46-71. An insurer authorized to do business in this state that uses credit information to underwrite or rate risks, shall not:
(1) Use an insurance score that is calculated using income, gender, race, address, zip code, ethnic group, religion, marital status, or nationality of the consumer as a factor; (2) Deny, cancel, or nonrenew a policy of medical malpractice insurance solely on the basis of credit information, without consideration of any other applicable underwriting factor independent of credit information and not expressly prohibited by paragraph (1) of this Code section; (3) Base an insureds renewal rates for medical malpractice insurance solely upon credit information, without consideration of any other applicable factor independent of credit information; (4) Take an adverse action against a consumer solely because he or she does not have a credit card account, without consideration of any other applicable factor independent of credit information; (5) Consider an absence of credit information or an inability to calculate an insurance score in underwriting or rating medical malpractice insurance, unless the insurer does one of the following:
(A) Treat the consumer as otherwise approved by the Commissioner of Insurance, if the insurer presents information that such an absence or inability relates to the risk for the insurer; (B) Treat the consumer as if the applicant or insured had neutral credit information, as defined by the insurer; or (C) Exclude the use of credit information as a factor and use only other underwriting criteria; (6) Take an adverse action against a consumer based on credit information unless an insurer obtains and uses a credit report issued or an insurance score calculated within 180 days from the date the policy is first written or renewal is issued; (7) Use credit information unless not later than every 36 months following the last time that the insurer obtained current credit information for the insured, the insurer recalculates the insurance score or obtains an updated credit report. Regardless of the requirements of this paragraph: (A) At annual renewal, upon the request of a consumer, the insurer shall

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reunderwrite and rerate the policy based upon a current credit report or insurance score. An insurer need not recalculate the insurance score or obtain the updated credit report of a consumer more frequently than once in a twelve-month period. Prior to a consumer exercising his or her option for the insurer to reunderwrite or rerate the policy, the insurer shall notify the consumer orally or in writing that the reunderwriting or rerating of the policy may result in a higher rate, a lower rate, or other possible consequences, including nonrenewal or termination of the policy, or could produce no change for the consumer; (B) The insurer shall have the discretion to obtain current credit information upon any renewal before the 36 months, if consistent with its underwriting guidelines; and (C) No insurer need obtain current credit information for an insured, despite the requirements of subparagraph (A) of paragraph (7) of this Code section, if one of the following applies:
(i) The insurer is treating the consumer as otherwise approved by the Commissioner of Insurance; (ii) The insured is in the most favorably priced tier of the insurer, within a group of affiliated insurers; however, the insurer shall have the discretion to order such report, if consistent with its underwriting guidelines; (iii) Credit information was not used for underwriting or rating such insured when the policy was initially written; however, the insurer shall have the discretion to use credit for underwriting or rating such insured upon renewal, if consistent with its underwriting guidelines; or (iv) The insurer reevaluates the insured beginning no later than 36 months after inception and thereafter based upon other underwriting or rating factors, excluding credit information; or (8) Use the following as a negative factor in any insurance scoring methodology or in reviewing credit information for the purpose of underwriting or rating a policy of medical malpractice insurance: (A) Credit inquiries not initiated by the consumer or inquiries requested by the consumer for his or her own credit information; (B) Inquiries relating to insurance coverage, if so identified on a consumers credit report; (C) Collection accounts with a medical industry code, if so identified on the consumers credit report; (D) Multiple lender inquiries, if coded by the consumer reporting agency on the consumers credit report as being from the home mortgage industry and made within 30 days of one another, unless only one inquiry is considered; or (E) Multiple lender inquiries, if coded by the consumer reporting agency on the consumers credit report as being from the automobile lending industry and made within 30 days of one another, unless only one inquiry is considered.
31-46-72.

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If an item or items contained in the credit information for an applicant or insured are in dispute pursuant to the dispute resolution process set forth in the federal Fair Credit Reporting Act, 15 USC 1681i, the insurer, during the 45 day period following the date on which the item was placed in dispute pursuant to such dispute resolution process, shall either not use such disputed item or items in making its underwriting or rating determination for such applicant or insured or shall treat the credit information as neutral with respect to the item or items in dispute.
31-46-73. (a) If an insurer writing medical malpractice insurance uses credit information in underwriting or rating a consumer, the insurer or its agent shall disclose, either on the insurance application or at the time the insurance application is taken, that it may obtain credit information in connection with such application. Such disclosure shall be either written or provided to an applicant in the same medium as the application for insurance. The insurer need not provide the disclosure statement required under this Code section to any insured on a renewal policy, if such consumer has previously been provided a disclosure statement. (b) The disclosure required by this Code section shall be in substantially the following form: "In connection with this application for insurance, we may review your credit report or obtain or use a credit based insurance score based on the information contained in that credit report. We may use a third party in connection with the development of your insurance score."
31-46-74. If an insurer takes an adverse action based upon credit information, the insurer must meet the notice requirements of this Code section. Such insurer shall provide notification to the consumer that an adverse action has been taken, in accordance with the requirements of the federal Fair Credit Reporting Act, 15 USC 1681m(a), and shall provide notification to the consumer explaining the reason or reasons for the adverse action. The reasons must be provided in sufficiently clear and specific language so that a person can identify the basis for the insurers decision to take an adverse action. Such notification shall include a description of up to four factors that were the primary influences of the adverse action. The use of generalized terms such as "poor credit history," "poor credit rating," or "poor insurance score" does not meet the explanation requirements of this Code section. Standardized credit explanations provided by consumer reporting agencies or other third party vendors are deemed to comply with this Code section.
31-46-75. (a) Insurers that use insurance scores to underwrite and rate risks must file their scoring models or other scoring processes with the Commissioner of Insurance. A third party may file scoring models on behalf of insurers licensed to do business in this state, provided that such third parties are on an approved list maintained by the

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Commissioner of Insurance. A filing that includes insurance scoring may include loss experience justifying the use of credit information. (b) Any filing relating to credit information is considered to be a trade secret and proprietary information of the entity filing the information. Such information shall not be subject to public disclosure and shall be exempt from disclosure under the provisions of Article 4 of Chapter 18 of Title 50.

31-46-76. An insurer shall indemnify, defend, and hold agents harmless from and against all liability, fees, and costs arising out of or relating to the actions, errors, or omissions of an agent or a producer who obtains or uses credit information or insurance scores for an insurer, provided the agent or producer follows the instructions and procedures established by the insurer and complies with any applicable law or regulation. Nothing in this section shall be construed to provide a consumer or other insured with a cause of action that does not exist in the absence of this section.

31-46-77. (a) No consumer reporting agency shall provide or sell data or lists that include any information that in whole or in part was submitted in conjunction with an insurance inquiry about a consumers credit information or a request for a credit report or insurance score. Such information includes, but is not limited to, the expiration dates of an insurance policy or any other information that may identify time periods during which a consumers insurance may expire and the terms and conditions of the consumers insurance coverage. (b) The restrictions provided in subsection (a) of this Code section do not apply to data or lists the consumer reporting agency supplies to the insurance agent or producer from whom information was received, the insurer on whose behalf such agent or producer acted, or such insurers affiliates or holding companies. (c) Nothing in this Code section shall be construed to restrict any insurer from being able to obtain a claims history report or a motor vehicle report.

31-46-78. Notwithstanding any provision of law to the contrary, insurers shall be allowed to use insurance scores in rating and underwriting medical malpractice insurance subject to the provisions of this article.'"

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

Y Adelman Y Balfour
Blitch Y Bowen

Y Harbison Y Harp Y Henson N Hill

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

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

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

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

On the adoption of the amendment, the yeas were 29, nays 24, and the Fort amendment # 12 was adopted.

Senator Seabaugh of the 28th moved that the Senate reconsider its action in adopting the Fort amendment # 12.

On the motion to reconsider, 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 N Harp N Henson Y Hill E 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 Y 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

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On the motion to reconsider, the yeas were 30, nays 25, the motion prevailed; and the Fort amendment # 12 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 N Clay N Collins N Crotts Y Dean Y Fort Y Gillis N Golden N Hall N Hamrick

Y Harbison N Harp Y Henson N Hill E Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee 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 25, nays 30, and the Fort amendment # 12 was lost.

Senator Brown of the 26th offered the following amendment # 13:

Amend the Senate Health and Human Services Committee substitute to HB 1028 by inserting after "actions;" on line 10 on page 1 "to require that the Commissioner of Insurance make certain annual examinations of medical malpractice insurers; to require certain rates to be lowered; to provide for increases in premiums under certain circumstances;".

By striking line 27 on page 16 and inserting in lieu thereof the following: "conflicting provisions of Title 51 or any other law.

31-46-70.

ARTICLE 4

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(a) The Commissioner of Insurance shall make or cause to be made an annual examination of every admitted insurer issuing medical malpractice or medical liability insurance policies to ascertain whether the insurer and every rate and rating system used by it for each class of insurance complies with the requirements and standards of this Code section. The examination shall not be a part of a periodic general examination participated in by representatives of more than one state. (b) All insurers issuing policies in Georgia providing for medical malpractice or medical liability insurance coverage shall reduce premium rates for each policy issued or renewed on or after July 1, 2004, as measured by premium rates for similarly situated risks in effect on July 1, 2003, by 15 percent. All insurers issuing policies in Georgia providing for medical malpractice or medical liability insurance coverage shall reduce premium rates for each policy issued or renewed on or after July 1, 2005, as measured by premium rates for similarly situated risks in effect on July 1, 2004, by 15 percent. All insurers issuing policies in Georgia providing for medical malpractice or medical liability insurance coverage shall reduce premium rates for each policy issued or renewed on or after July 1, 2006, as measured by premium rates for similarly situated risks in effect on July 1, 2005, by 15 percent. The premium rates resulting from these reductions shall remain in effect until July 1, 2009. (c) Between July 1, 2004, and July 1, 2009, premium rates reduced pursuant to subsection (b) of this Code section may be increased only of the Commissioner of Insurance finds, after a public hearing, that an insurer is substantially threatened with insolvency.'"

Senator Brown of the 26th offered the following amendment # 13a to amendment #13 to the substitute to HB 1028:

By striking the phrase 'only of' on line 29 of page 1 and inserting in its place the phrase 'only if'.

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 Harbison N Harp Y Henson N Hill E 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 Y Tanksley Y Tate

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

N Lamutt N Lee N 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 25, nays 30, and the Brown amendment # 13a 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 Y Brown N Brush N Bulloch Y Butler N Cagle N Cheeks Y Clay N Collins N Crotts Y Dean Y Fort Y Gillis
Golden N Hall N Hamrick

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

Y Seay N Shafer Y Smith,F N Smith,P Y Squires Y Starr N Stephens Y Stokes 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 30, and the Brown amendment # 13 was lost.

Senator Harp of the 16th offered the following amendment # 14:

Amend the Senate Health and Human Services Committee substitute to HB 1028 by inserting after line 6 on page 16 the following:

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"(f) Any expert in a medical malpractice action who testifies concerning whether a defendant complied with or deviated from the standard of care shall be subject to direct examination or cross-examination on the experts personal practices in the area of conduct at issue."

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

Y Harbison Y Harp Y Henson N Hill E 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 Seay Y 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 34, nays 20, and the Harp amendment # 14 was adopted.

Senator Harp of the 16th offered the following amendment # 15:

Amend the Senate Health and Human Services Committee substitute to HB 1028 by striking from line 5 on page 15 through line 6 on page 16 and inserting in lieu thereof the following:
"(a) In an action for medical malpractice, the opinions of an expert as to the standard of care of the defendant professional whose conduct is at issue shall be admissible only if, at the time the act or omission is alleged to have occurred or at the time the witness testifies, the expert witness:
(1) Was licensed by an appropriate regulatory agency to practice his or her profession and was practicing or teaching his or her profession for at least three of the last five years immediately preceding such time; and

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(2) Meets at least one of the following criteria: (A) The expert shares at least one specialty certification with the defendant; (B) The expert has experience in the diagnosis or treatment of the condition at issue, the performance of the procedure or procedures at issue, or the provision of the services at issue; (C) The expert has experience in an area of practice or specialty that diagnoses, treats, or cares for patients under similar conditions or circumstances; or (D) The experts knowledge concerning the standard of care with regard to the act or omission alleged is within the knowledge or expertise of any person holding a license from a regulatory agency.
(b) Any objection to the qualification of the expert witness to provide such testimony shall:
(1) Be made no later than 30 days after the completion of the witnesss deposition or prior to the date of any pretrial hearing, whichever is earlier; (2) Be made by written motion; and (3) Set forth with specificity the factual and legal basis of the objection. (c) Nothing in this Code section shall prohibit a health care provider from testifying as to the standard of care of another health care provider with different licensure or certification if the individual meets the criteria set forth in subsection (a) of this Code section. (d) Any expert who testifies concerning whether a defendant complied with or deviated from the standard of care shall be subject to direct examination or cross-examination on the experts personal practices in the area of conduct at issue. (e) This Code section shall not apply to Code Section 9-11-9.1 and shall not be construed to alter the competency requirements of any expert testifying by affidavit for purposes of Code Section 9-11-9.1. (f) For each defendant whose conduct is at issue, the plaintiff shall identify at least one expert who meets the requirements of subsection (a) of this Code section no later than eight months after the filing of the last defendants answer; provided, however, that the court shall be authorized to extend the time for the identification of an expert witness upon good cause shown. (g) Nothing in this Code section shall be construed to prohibit the plaintiff from identifying additional expert witnesses as to the standard of care of any defendant beyond the eight-month period set forth in subsection (f) of this Code section. (h) If the plaintiff fails to designate an expert as required by subsection (f) of this Code section, then the action as to that defendant shall be dismissed without prejudice by the trial court. (i) Any objection to the qualifications of an expert witness designated by the plaintiff as required by subsection (f) of this Code section shall be asserted pursuant to the requirements of subsection (b) of this Code section. If the court rules that the expert does not meet the criteria of subsection (a) of this Code section, then the court shall issue an order requiring the plaintiff to identify an expert meeting the requirements of subsection (a) of this Code section within a time period determined by the court which

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shall not be less than 45 days. If the plaintiff fails to do so, the action as to that defendant shall be dismissed without prejudice. (j) An order dismissing any defendant or the entire case pursuant to subsection (h) or (i) of this Code section shall be subject to review by direct appeal upon the filing of a timely notice of appeal following the entry of the order. If such an order is appealed, the statute of limitations, the statute of repose, and the six-month renewal period shall be tolled until the civil action is remitted to the trial court."
Senator Harp of the 16th offered the following amendment # 15a to amendment #15 to the substitute to HB 1028:
By deleting lines 18 through 20 of page 1 and inserting in lieu thereof: "(D) The expert, by reason of clinical practice and teaching, instruction, or supervision of other healthcare providers with different licensure or certification, has knowledge of the standard of care of the healthcare provider under the circumstances at issue."
Senator Harp of the 16th asked unanimous consent that his amendments # 15a and # 15 be withdrawn. The consent was granted, and the amendments were withdrawn.
Senators Henson of the 41st and Thompson of the 33rd offered the following amendment # 16:
Amend the Senate Health and Human Services Committee substitute to HB 1028 by inserting after "actions;" on line 10 on page 1 "to require the approval by the Commissioner of Insurance of all medical malpractice rates, rating plans, rating systems, and underwriting rules prior to such rates, rating plans, rating systems, and underwriting rules becoming effective;". By striking line 27 on page 16 and inserting in lieu thereof the following:
"conflicting provisions of Title 51 or any other law.
ARTICLE 4 31-46-70. Any domestic, foreign, or alien insurer that is authorized to write medical malpractice insurance in this state must file with the Commissioner any rate, rating plan, rating system, or underwriting rule for such insurance. No such rate, rating plan, rating system, or underwriting rule will become effective, nor may any premium be collected by any insurer thereunder, unless the filing has been received by the Commissioner in his or her office and such filing has been approved by the Commissioner within 45 days from the date such filing was received by the Commissioner. The Commissioner shall be authorized to extend such 45 day period by no more than 55 days at his or her discretion. The Commissioner shall either approve or disapprove the filing on or before the conclusion of such period. If a filing is disapproved, notice of such disapproval order shall be given within 100 days of receipt of filing by the Commissioner,

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specifying in what respects such filing fails to meet the requirements of this chapter. The filer shall be given a hearing upon written request made within 30 days after the issuance of the disapproval order, and such hearing shall commence within 30 days after such request unless postponed by mutual consent. Such hearing, once commenced, may be postponed or recessed by the Commissioner only for weekends, holidays, or after normal working hours or at any time by mutual consent of all parties to the hearing. The Commissioner may also, at his or her discretion, recess any hearing for not more than two recess periods of up to 15 consecutive days each. In connection with any hearing or judicial review with respect to the approval or disapproval of such rates, the burden of persuasion shall fall upon the affected insurer or insurers to establish that the challenged rates are adequate, not excessive, and not unfairly discriminatory. After such a hearing, the Commissioner must affirm, modify, or reverse his or her previous action within the time period provided in subsection (a) of Code Section 33-2-23 relative to orders of the Commissioner. The requirement of approval or disapproval of a rate filing by the Commissioner under this subsection shall not prohibit actions by the Commissioner regarding compliance of such rate filing with the requirements of Code Section 33-9-4 brought after such approval or disapproval.'"

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

Y Seay N 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 Y Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 29, nays 26, and the Henson, Thompson amendment # 16 was adopted.

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Senators Clay of the 37th and Hamrick of the 30th offered the following amendment # 17:
Amend the Senate Health and Human Services Committee substitute to HB 1028 by inserting after the semicolon on line 10 of page 1 the following:
"to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to change certain provisions relating to actions against certain codefendants residing in different counties; to provide for an effective date and applicability;".
By inserting between lines 27 and 28 of page 16 the following: "SECTION 1.1.
Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking Code Section 9-10-31, relating to actions against certain codefendants residing in different counties, and inserting in lieu thereof the following:
'9-10-31. (a) The General Assembly finds that Paragraph IV of Section 2 of Article VI of the Georgia Constitution permits a trial and entry of judgment against a resident of Georgia in a county other than the county of the defendants residence only if the Georgia resident defendant is a joint obligor, joint tort-feasor, joint promisor, copartner, or joint trespasser and therefore this Code section shall apply to all pending actions filed on or after July 1, 1999. (b) Joint or joint and several tort-feasors, obligors, or promisors, or joint contractors or copartners, residing in different counties, may be subject to an action as such in the same action in any county in which one or more of the defendants reside. If, however, the court determines prior to the commencement of trial that: who are joint or joint and several tort-feasors, obligors, or promisors, or joint contractors or copartners reside.
(1) The plaintiff has brought the action in bad faith against all defendants residing in the county in which the action is brought; or (2) As a matter of law, no defendant residing in the county in which the action is brought is a proper party, the action shall be transferred to the county and court which the plaintiff elects in which venue is proper. The burden of proof on the issue of venue shall be on the party claiming improper venue by a preponderance of evidence. (b)(c) If all defendants who reside in the county in which an action is pending are discharged from liability before the commencement of trial or upon the return of a verdict by the jury or the court hearing the case without a jury, a nonresident defendant may require that the case be transferred to a county and court in which venue would otherwise be proper. If venue would be proper in more than one county, the plaintiff may elect from among the counties in which venue is proper the county and the court in which the action shall proceed. (c) If all defendants who reside in the county in which the action is pending are discharged from liability after the commencement of trial, the case may be transferred to a county and court in which venue would otherwise lie only if all parties consent to such transfer.

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(d) For purposes of this Code section, trial shall be deemed to have commenced upon the jury being sworn or, in the instance of a trial without a jury, upon the first witness being sworn. (e)(d) Nothing in this Code section shall be deemed to alter or amend the pleading requirements of Chapter 11 of this title relating to the filing of complaints or answers. (f) This Code section shall apply to actions filed on or after July 1, 1999.'"

By designating the material on line 29 of page 16 as subsection (a) and adding the following between lines 31 and 32 of page 16:
"(b) Section 1.1 of 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 President ordered a roll call, and the vote was as follows:

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

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

On the adoption of the amendment, the yeas were 35, nays 19, and the Clay, Hamrick amendment # 17 was adopted.

Senator Zamarripa of the 36th offered the following amendment # 18:

Amend the substitute to HB 1028 by adding after "To amend" on line 1 of page 1 the following:
"Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating

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to regulation of hospitals and related institutions, so as to change the provisions relating to reports of disciplinary actions against persons authorized to practice certain professions under Title 43; to require the reporting of certain events involving medical care, nonaccidental injuries, or malpractice; to provide for definitions; to provide that such reports shall be public records and shall be available for public inspection; to provide for penalties for failure to make required reports; to provide for practices and procedures in connection with such reports; and".
By adding following line 12 of page 1 the following:
"SECTION A. Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by striking Code Section 31-78, relating to reports of disciplinary actions against persons authorized to practice professions under Chapter 11, 34, or 35 of Title 43, and inserting in its place the following:
'31-7-8. (a) The hospital administrator or chief executive officer of each institution subject to this chapter shall submit a written report to the appropriate licensing board when a person who is authorized to practice medicine, osteopathy, podiatry, nursing, licensed practical nursing, occupational therapy, physical therapy, respiratory care, or dentistry in this state under Chapter 34, Chapter 35, or Chapter 11, respectively, of Title 43 and who is a member of the medical staff at the institution, has medical staff privileges at the institution, or has applied for medical staff privileges at the institution, or who is an employee of or practices his or her profession at such institution has his or her medical staff privileges denied, restricted, or revoked, is fired, or otherwise is disciplined for any reason involving the medical care given his or her patient. Each such administrator or officer shall also report to the appropriate licensing board resignations from practice in that institution by persons licensed under Chapter 34, Chapter 35, or Chapter 11 of Title 43. This Code section shall not require reports of temporary suspensions for failure to comply with medical record regulations. (b) The written report required by subsection (a) of this Code section shall be made within 20 working days following final action by the institution on the restriction, denial, or revocation of medical staff privileges, termination, or disciplinary action. The results of any legal appeal of such action shall be reported within 20 working days following a final court decision on such appeal. (c) The report required by this Code section shall contain a statement detailing the nature of the restriction, denial, or revocation of medical staff privileges, termination, or disciplinary action, the date such action was taken, and the reasons for such action. If the action is a voluntary resignation or restriction of medical staff privileges which was the result of action initiated by the institution, the report shall contain the circumstances involved therein. (d) There shall be no civil or criminal liability on the part of, and no cause of action for

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damages shall arise against, any hospital administrator, chief executive officer, or other authorized person who in good faith complies with this Code section. (e) Except as provided in this subsection and Chapter 34A of Title 43, information Information contained in any report made to the appropriate licensing board pursuant to this Code section or Code Section 31-7-9, except information identifying the victim of the injury or malpractice, shall be confidential and shall not be a public record and may be disclosed to the public. Access to such reports shall be limited to members of the appropriate licensing board or its staff for their use and to interested institutions for their use in the review of medical staff privileges at the institution. Access to such reports shall be made available to the public over the Internet. (f) The failure of an institution to comply with this Code section shall be grounds for the denial, refusal to renew, or revocation of the permit for the operation of the institution issued pursuant to this chapter.'
SECTION B. Said article is further amended by striking Code Section 31-7-9, relating to reports by physicians and other personnel of nonaccidental injuries to patients, and inserting in its place the following:
'31-7-9. (a) As used in this Code section, the term "medical facility" includes, without being limited to, any hospital, medical facility, physicians office, dental office, and an ambulatory surgical treatment center defined in subparagraph (D) of paragraph (1) of Code Section 31-7-1. (b) Any:
(1) Physician, including any doctor of medicine licensed to practice under the laws of this state; (2) Licensed registered nurse or licensed practical nurse employed by or at a medical facility; (3) Security personnel employed by a medical facility; or (4) Other personnel employed by or at a medical facility whose employment duties involve the care and treatment of patients therein; or (5) Any person licensed to practice osteopathy, podiatry, occupational therapy, physical therapy, respiratory care, or dentistry having cause to believe that a patient has had physical injury or injuries inflicted upon him or her other than by accidental means or as the result of malpractice shall report or cause reports to be made in accordance with this Code section. (c) An oral report shall be made immediately by telephone or otherwise and shall be followed by a report in writing, if requested, to the person in charge of the medical facility or his or her designated delegate. The person in charge of the medical facility or his or her designated delegate shall then notify the appropriate professional licensing board if the injury was caused by a person designated in subsection (b) of this Code section and the local law enforcement agency having primary jurisdiction in the area in which the medical facility is located of the contents of the report. If the perceived

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injury was caused by the person in charge of the medical facility, each person designated in subsection (b) of this Code section who has personal knowledge of the injury shall make a report directly to the appropriate professional licensing board and to the appropriate local law enforcement agency. The report shall contain the name and address of the patient, the nature and extent of the patients injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator. (d) Any person or persons participating in the making of a report or causing a report to be made to the appropriate police authority 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 liability that might otherwise be incurred or imposed, providing such participation pursuant to this Code section shall be in good faith. (e) The failure of any person to make a report or to comply with this Code section shall be grounds for the denial, refusal to renew, or revocation of any license issued pursuant to Title 43.'"
Senator Zamarripa of the 36th asked unanimous consent that his amendment # 18 be withdrawn. The consent was granted, and the amendment was withdrawn.
Senator Adelman of the 42nd offered the following amendment # 19:
Amend the Senate Health and Human Services Committee substitute to HB 1028 by striking lines 19 through 34 on page 14 and lines 1 through 3 on page 15 and inserting in lieu thereof the following:
"(a) As used in this Code section, the term: (1) "Emergency room physician" means a physician who does not have an ongoing physician-patient relationship with the emergency room patient and who provides emergency health care services in a hospital emergency room. (2) "Hospital" includes, but is not limited to, those institutions and facilities defined in paragraphs (1) and (2) of Code Section 31-7-1. (3) "Independent contractor" means an emergency room physician who is not an employee or actual agent of the hospital in connection with the rendition of health care services.
(b) A hospital is not liable for damages as a result of an act or omission by an emergency room physician who is not an employee or actual agent of the hospital if the hospital provides notice that the emergency room physician is an independent contractor and the emergency room physician is insured as described under subsection (e) of this Code section. The hospital is responsible for exercising reasonable care in granting privileges to practice in the hospital, for reviewing those privileges on a regular basis, and for taking appropriate steps to revoke or restrict privileges in appropriate circumstances. The hospital is not otherwise liable for the acts or omissions of an emergency room physician who is an independent contractor.

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(c) The notice required by this subsection in order for hospitals to be insulated from liability for the acts or omissions of independent contractor physicians shall:
(1) Consist of a sign at least two feet high and two feet wide with print at least two inches high posted conspicuously in the emergency department admitting areas of the hospital; (2) Be published at least annually in a newspaper of general circulation in the area; and (3) Be in substantially the following form:
"(Name of hospital) may not be responsible for the actions of emergency room physicians in (name of hospitals) emergency room. The emergency room physicians are independent contractors and are not employees of the hospital." (d) This Code section does not preclude liability for civil damages that are the proximate result of the hospitals independent negligence or intentional misconduct. (e) A hospital is not protected from liability under subsection (c) of this Code section for an act or omission of an emergency room physician who is an independent contractor unless the emergency room physician has liability insurance coverage of $1 million per individual claim and $3 million in the aggregate available to claimants and the coverage is in effect and applicable to those health care services offered by the emergency room physician that the hospital is required to provide by law or by accreditation standards."
Senator Adelman of the 42nd asked unanimous consent that his amendment # 19 be withdrawn. The consent was granted, and the amendment was withdrawn.

Senators Hamrick of the 30th and Johnson of the 1st offered the following amendment # 20:
Amend the committee substitute to HB 1028 (LC 14 8858S) by adding after the semicolon on line 10 of page 1 the following:
"to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to change provisions relating to the required filing of affidavits in professional malpractice actions;".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively, and inserting a new Section 2 to read as follows:
"SECTION 2. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking subsection (b) of Code Section 9-11-9.1, relating to the required filing of affidavits in professional malpractice actions, and inserting in its place a new subsection to read as follows:

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'(b) The contemporaneous filing requirement of subsection (a) of this Code section shall not apply to any case in which the period of limitation will expire or there is a good faith basis to believe it will expire on any claim stated in the complaint within ten days of the date of filing and, because of such time constraints, the plaintiff has alleged that an affidavit of an expert could not be prepared. In such cases, the plaintiff shall have 45 60 days after the filing of the complaint to supplement the pleadings with the affidavit. The trial court may, on motion, after hearing and for good cause extend such time as it shall determine justice requires. If an affidavit is not filed within the period specified in this subsection or as extended by the trial court and the defendant against whom an affidavit should have been filed alleges, by motion to dismiss filed contemporaneously with its initial responsive pleading that the plaintiff has failed to file the requisite affidavit, the complaint is subject to dismissal for failure to state a claim. Notwithstanding the provisions of this Code section and any other provisions of law which might be construed to the contrary, in the event the affidavit is filed pursuant to this subsection, a defendant shall not be required to serve his or her answer until 30 days after the service of such affidavit upon him or her.'"

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

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

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

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

On the adoption of the amendment, the yeas were 47, nays 7, and the Hamrick, Johnson amendment # 20 was adopted.

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Senators Lee of the 29th, Seabaugh of the 28th and Mullis of the 53rd offered the following amendment # 21:

Amend the Senate Health and Human Services Committee substitute to HB 1028 by inserting immediately following line 9 of page 14 the following:
"31-46-37. Any other provision of this article to the contrary notwithstanding, no debt, obligation, or liability of the authority shall be, become, or be construed to be a debt, obligation, or liability of the state or any political subdivision of the state."

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

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

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

On the adoption of the amendment, the yeas were 53, nays 1, and the Lee, et al. amendment # 21 was adopted.

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334

The Honorable Frank Eldridge, Jr. Secretary of the Senate

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State Capitol Atlanta, GA 30334
March 31, 2004
Dear Frank:
I would like to request that my vote on HB 1028, Amendment #21 be changed from NO to YES. I pressed the wrong button and was unable to change my vote prior to the locking of the machine.
Thank you for your assistance.
Sincerely,
/s/ Senator Ginger Collins District 6
Senators Lee of the 29th and Moody of the 27th offered the following amendment # 22:
Amend the Senate Health and Human Services Committee substitute to HB 1028 by striking on line 10 of page 1 the words "medical malpractice actions" and inserting in lieu thereof the words "any civil action".
By striking on lines 8 and 14 of page 16 the words "a medical malpractice" and inserting in lieu thereof the words "any civil".
By striking on line 26 of page 16 the words "medical malpractice actions" and inserting in lieu thereof the words "any civil action".
Senator Lee of the 29th asked unanimous consent that his amendment # 22 be withdrawn. The consent was granted, and the amendment was withdrawn.
Senators Thomas of the 54th, Price of the 56th, Johnson of the 1st, Tolleson of the 18th, Moody of the 27th and others offered the following amendment # 23:
Amend the committee substitute to HB 1028 (LC 14 8858S) by adding after the semicolon on line 10 of page 1 the following:
"to limit the maximum aggregate amount of noneconomic damages in medical malpractice actions to $750,000.00 and provide for periodic payments of certain damages in such actions;".
By striking the quotation mark on line 27 of page 16 and inserting between lines 27 and

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28 of page 16 the following: "31-46-54. (a) As used in this Code section, the term: (1) 'Claimant' means a person, including a decedents estate, who seeks or has sought recovery of damages in a health care liability claim. All persons claiming to have sustained damages as the result of the bodily injury or death of a single person are considered a single claimant. (2) 'Noneconomic damages' means damages for physical and emotional pain, discomfort, anxiety, hardship, distress, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, injury to reputation, and all other nonpecuniary losses of any kind or nature. This term does not include past or future: (A) Medical expenses, including rehabilitation and therapy; (B) Wages; (C) Income; (D) Funeral and burial expenses; (E) The value of services performed by the injured in the absence of the injury or death; or (F) Other monetary expenses. (b) In any verdict returned or judgment entered in a medical malpractice action, including an action for wrongful death, against one or more health care providers, the total amount recoverable by a claimant for noneconomic damages in such action shall be limited to an amount not to exceed $250,000.00, regardless of the number of defendant health care providers against whom the claim is asserted or the number of separate causes of action on which the claim is based. (c) In any verdict returned or judgment entered in a medical malpractice action, including an action for wrongful death, against a single medical facility, inclusive of all persons and entities for which vicarious liability theories may apply, the total amount recoverable by a claimant for noneconomic damages in such action shall be limited to an amount not to exceed $250,000.00, regardless of the number of separate causes of action on which the claim is based. (d) In any verdict returned or judgment entered in a medical malpractice action, including an action for wrongful death, against more than one medical facility, inclusive of all persons and entities for which vicarious liability theories may apply, the total amount recoverable by a claimant for noneconomic damages in such action shall be limited to an amount not to exceed $250,000.00 from any single medical facility and $500,000.00 from all medical facilities, regardless of the number of defendant medical facilities against whom the claim is asserted or the number of separate causes of action on which the claim is based. (e) In applying subsections (b), (c), and (d) of this Code section, the aggregate amount of noneconomic damages recoverable under such subsections shall in no event exceed $750,000.00. (f) In any medical malpractice action, if an award of future damages equaling or

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exceeding $250,000.00 is made against any party in the action, the trial court shall, upon the request of any party, issue an order providing that such damages be paid by periodic payments. Such periodic payments shall be funded through an annuity policy with the premium for such annuity equal to the amount of the award for future damages.'"
Senators Thomas of the 54th and Price of the 56th offered the following amendment # 23a:
Amend the floor amendment (AM 14 0704) to the committee substitute to HB 1028 by adding after the word "to" on line 5 of page 1 the words "no more than".
Senator Thomas of the 54th asked unanimous consent that his amendment # 23a be withdrawn. The consent was granted, and the amendment was withdrawn.
Senator Harp of the 16th offered the following amendment # 23b:
Amend Amendment #23 (AM 14 0704) by adding the word "not" before the wording "including" on line 27 of page 1, line 1 of page 2, and line 7 of page 2.
By adding after the period on line 17 of page 2 the following: "This section and subsection (b), (c), and (d) of this Code Section shall not apply to an action for wrongful death."

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

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

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

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 Y Thomas,R Y Thompson N Tolleson

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Y Gillis Y Golden N Hall N Hamrick

N Mullis N Price Y Reed N Seabaugh

N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 35, nays 19, and the Harp amendment # 23b was adopted.

Senators Thomas of the 54th and Price of the 56th offered the following amendment # 23c:

Amend the floor amendment (AM 14 0704) to the committee substitute to HB 1028 by striking "to $750,000.00" on line 5 of page 1 and inserting in lieu thereof "to no more than $750,000.00".

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

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

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

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

On the adoption of the amendment, the yeas were 28, nays 27, and the Thomas of the 54th, Price amendment # 23c was adopted.

Senator Thompson of the 33rd moved that the Senate reconsider its action in adopting the Thomas of the 54th, Price amendment #23c.

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On the motion to reconsider amendment # 23c, 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 Y Dean Y Fort Y Gillis Y Golden N Hall N Hamrick

Y Harbison Y Harp Y Henson Y Hill E 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 N Mullis N Price Y Reed N Seabaugh

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

On the motion, the yeas were 28, nays 27, the motion prevailed; and the Thomas of the 54th, Price amendment # 23c was reconsidered.

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

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

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

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

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N Fort N Gillis N Golden Y Hall Y Hamrick

Y Moody Y Mullis Y Price N Reed Y Seabaugh

Y Tolleson Y Unterman Y Williams N Zamarripa

On the adoption of the amendment, the yeas were 24, nays 31, and the Thomas of the 54th, Price amendment # 23c was lost.

Senators Shafer of the 48th, Clay of the 37th, Adelman of the 42nd and Mullis of the 53rd offered the following amendment # 23d:

Amend amendment #23 by striking the amendment in its entirety and inserting in its place:

By striking line 27 on page 16 and inserting in lieu thereof the following: "conflicting provisions of Title 51 or any other law.

ARTICLE 4 31-46-70. (a) In any medical malpractice case, the trier of fact shall first resolve from the evidence produced at trial the question of liability. This finding shall be made specially through an appropriate form of verdict, along with the other required findings. (b) If the trier of fact determines that a party is liable to another party under the evidence produced at trial, the trial shall immediately be recommenced in order to receive such evidence as is relevant to a decision regarding what amount of compensatory damages, if any, will be sufficient to compensate the injured party in light of the circumstances of the case. It shall then be the duty of the trier of fact to set the amount to be awarded. (c) Prior to beginning deliberations on the amount of compensatory damages to be awarded, the trial court shall advise the jury as to the range of awards for noneconomic damages for injuries factually comparable to the injuries claimed to have been suffered by the injured party that have been rendered in the judicial circuit in which the trial is being held or in similar judicial circuits in the state. (d) If a jury awards as a part of compensatory damages noneconomic damages that exceed the range of awards for noneconomic damages for injuries factually comparable to the injuries claimed to have been suffered by the injured party that have been rendered in the judicial circuit in which the trial is being held or in similar judicial circuits in the state by 25 percent or more, the trial court shall review such award and determine if such award is clearly so excessive as to be inconsistent with the preponderance of the evidence. If the court finds that the award is excessive, the trial court shall order a new trial as to damages only, as to any or all parties, or may condition the grant of such a new trial upon any partys refusal to accept an amount of

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noneconomic damages determined by the trial court to be appropriate and not excessive under the evidence produced at trial.'"

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 N Fort
Gillis Y Golden Y Hall N Hamrick

Y Harbison Y Harp Y Henson Y Hill E 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 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
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 31, nays 22, and the Shafer, et al. amendment # 23d was adopted.

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

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

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

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

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N Collins N Crotts Y Dean Y Fort Y Gillis Y Golden Y 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 30, nays 25, and the Thomas of the 54th, et al. amendment # 23 was adopted as amended.

Senators Harp of the 16th and Adelman of the 42nd offered the following amendment # 24 to the substitute to HB 1028:

By inserting between lines 27 and 28 of page 16 the following:

"31-46-54. (a) In all medical malpractice actions, the judge to whom the civil action is assigned shall refer the action to mediation within 14 days of the last responsive pleading being filed. Prior to the court referring the action to mediation, the parties may agree to a private mediation and shall advise the court of the agreement by a consent order specifying the terms and details of the mediation. If the parties do not agree to a private mediation, the court shall refer the case to mediation as is available or otherwise in accordance with the Georgia Supreme Courts Uniform Rule for Alternative Dispute Resolution Programs. (b) The private or court referred mediation shall occur no sooner than 60 days but not more than 90 days after the order for mediation is entered. (c) If the mediation does not result in a settlement of the civil action, the defendant or defendants last settlement offer shall be memorialized as an offer of settlement in accordance with the provisions of Code Section 31-46-55.

31-46-55. (a) At any time more than ten days before the trial of a medical malpractice action begins, a party may serve upon the adverse party, by registered or certified mail or statutory overnight delivery, an offer for judgment for the money or property or to the effect specified in the offer, with costs then accrued. If within ten days after the service of the offer the adverse party serves written notice by registered or certified mail or statutory overnight delivery that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service of the offer and acceptance and the clerk shall enter judgment. An offer not accepted shall be deemed withdrawn and evidence of the offer shall not be admissible except in a proceeding to determine costs. If the judgment finally obtained by the offeree is not more favorable than the offer, the offeree shall pay the costs incurred after the making of the offer. The fact that an offer is

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made but not accepted does not preclude a subsequent offer. When the liability of one party to another has been determined by verdict, order, or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served within a reasonable time not less than ten days prior to the commencement of hearings to determine the amount or extent of liability. (b) For purposes of this Code section, costs shall include attorneys fees and expenses of litigation. (c) The procedure available pursuant to this Code section shall not affect a claimants rights pursuant to Code Section 51-12-14, the 'Unliquidated Damages Interest Act'."

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

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

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

On the adoption of the amendment, the yeas were 50, nays 5, and the Harp, Adelman amendment # 24 was adopted.

Senator Clay of the 37th offered the following amendment # 25:

Amend the committee substitute to HB 1028 by inserting between lines 25 and 26 of page 6 the following:
"31-46-26.1. (a) In addition to the other powers and purposes of the authority, it shall develop and

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implement a program or programs of malpractice premium assistance grants for the purpose of assisting one or more targeted groups of health care providers in paying the costs of malpractice insurance. (b) The authority shall establish one or more separate accounts for the purpose of the program or programs of malpractice premium assistance grants, and funds in such account or accounts shall not be commingled with other funds of the authority. Such account or accounts may be funded through voluntary donations to the authority, funds appropriated or otherwise made available by the General Assembly, dedicated portions of premiums or other charges by the authority for insurance provided or made available by the authority, and other sources as determined by the authority or otherwise provided by law. (c) The authority may establish criteria for eligibility for grants in such manner as determined by the authority to be in the best interest of meeting the health care needs of the state and its citizens. Without limiting the generality of the foregoing, eligibility may be based on such factors as the type of professional license or certification held, speciality, location, and types of patients served. (d) The authority shall establish an advisory committee to assist the authority in planning, developing, and implementing the program or programs provided for in this Code section. Such advisory committee shall include one or more members appointed by the Governor, two or more members appointed by officers of the General Assembly, members representing health care professionals and health care organizations, one or more citizen members, and other members as deemed appropriate by the authority."

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

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Y Hall Y Hamrick

Y Reed Y Seabaugh

Y Zamarripa

On the adoption of the amendment, the yeas were 53, nays 1, and the Clay amendment # 25 was adopted.

Senator Thomas of the 10th offered the following amendment # 26:

Amend the committee substitute to HB 1028 (LC 14 8858S) by inserting on line 1 of page 1 immediately following "as," the following:
"to provide for legislative findings with respect to problems with access to health care and a crisis in liability claims due to medication transmission errors; to address such access problems by improving the availability of physicians assistants and advanced practice registered nurses to deliver health care; to respond to medication transmission errors by providing for written and electronic prescriptive authority for physicians assistants and advanced practice registered nurses;".

By inserting on line 10 of page 1 immediately following "actions;" the following: "to provide for the repeal and reserving of Code Section 43-34-26.1, relating to delegation of authority to nurse or physicians assistant; to amend the Official Code of Georgia Annotated so as to change references to Code section for conformity;".

By inserting between lines 12 and 13 of page 1 the following:

"SECTION 0.5. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking Chapter 37, which is reserved, and inserting in its place a new Chapter 37 to read as follows:

'CHAPTER 37

31-37-1. The General Assembly finds that there presently exists a crisis due to the shortage of health care providers available to serve the citizens of this state. The United States Department of Health and Human Services has designated no less than 147 of the 159 counties in Georgia to be medically underserved areas or populations. Despite efforts to educate additional health professionals in the form of advanced practice registered nurses and physicians assistants and attempts to distribute them in such underserved areas, artificial practice barriers exist which limit the ability of these providers to practice as they are trained. Removing these practice barriers would improve access to health care in the underserved areas of the state. The General Assembly further finds that claims based on medication transmission errors contribute to the health care liability problem which exists in the state. By expanding the prescriptive authority of

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advanced practice registered nurses and physicians assistants to allow for written and electronic orders, it is anticipated that medication transmission errors will decrease and that liability claims based on transmission errors will decrease. These improvements in the delivery of health care through the full utilization of advanced practice registered nurses and physicians assistants will result in a substantial benefit to the state and its citizens.
31-37-2. As used in this chapter, the term:
(1) "Advanced practice registered nurse" means a person licensed as a registered professional nurse licensed under Article 1 of Chapter 26 of Title 43 who is authorized by the Georgia Board of Nursing to practice as an advanced practice registered nurse as that term is defined and used in Chapter 13 of Title 16. (2) "Device" means a device as defined in Code Section 26-4-5. (3) "Drug" means any dangerous drug as defined in Code Section 16-13-71 and any Schedule II, III, IV, or V controlled substance as defined in Code Section 16-13-21. (4) "Job description" means a written document, signed by the primary physician and the physicians assistant whom the primary physician is supervising, 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; and a general description of how the physicians assistant will be utilized in the practice. A job description shall not be required to contain every activity the primary 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. (5) "Order" means by verbal, written, or electronic means to select a drug, device, medical treatment, or diagnostic study and transmit by verbal, written, or electronic means and through physician delegation in accordance with a prescription protocol for an advanced practice registered nurse or a job description for a physicians assistant. (6) "Physicians assistant" means a person defined in paragraph (6) of Code Section 43-34-102 who is qualified by academic and practical training and certification requirements to provide patients services not necessarily with the physical presence but under the personal direction or supervision of the applying physician. (7) "Prescription protocol" means a written agreement by and between an advanced practice registered nurse and a physician wherein the physician authorizes the advanced practice registered nurse to dispense and order drugs, devices, medical treatments, and diagnostic studies, and execute verbal, written, or electronic prescription drug or device orders therefor, and which provides for the terms and conditions for the execution of such orders. Dispensing under such protocol shall be limited to dispensing pharmaceutical samples at no charge, except in those settings and circumstances except as provided in subsection (d) of Code Section 31-37-3.

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31-37-3. (a) A physician may delegate to an advanced practice registered nurse according to a prescription protocol and to a physicians assistant according to the physicians assistants job description the authority to order and dispense a drug, device, medical treatment, or diagnostic study. The physicians authority to grant and the authority delegated to an advanced practice registered nurse or a physicians assistant are to be liberally construed to effectuate the intent and purposes of this chapter and the provisions set out in Code Section 16-13-41. (b) The Composite State Board of Medical Examiners shall review and approve the physicians assistants job description. The physician shall submit an application to said board. Such application shall include:
(1) Evidence submitted by the 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 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) The job description for the physician's assistant as defined in Code Section 3137-2; 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. The Composite State Board of Medical Examiners is authorized to develop standard job descriptions for use by supervising physicians and physician's assistants. (c) The Georgia Board of Nursing is authorized to promulgate appropriate rules and regulations to implement the intent and purposes of this chapter with regard to prescription protocol. (d)(1) A physician may delegate to a nurse or physicians assistant the authority to order dangerous drugs, medical treatments, or diagnostic studies and a nurse or physicians assistant is authorized to dispense dangerous drugs, in accordance with a dispensing procedure and under the authority of an order issued in conformity with a

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nurse protocol or job description, if that nurse or physicians assistant orders or dispenses those dangerous drugs, medical treatments, or diagnostic studies:
(A) As an agent or employee of: (i) The Division of Public Health of the Department of Human Resources; (ii) Any county board of health; or (iii) Any organization: (I) Which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, as defined in Code Section 48-1-2, other than an organization which is a hospital, preferred provider organization, health maintenance organization, or similar organization; or (II) Established under the authority of or receiving funds pursuant to 42 U.S.C. Section 254b or 254c of the United States Public Health Service Act, which organization provides that those medical services and dangerous drugs which are ordered or dispensed by its physicians assistants and nurses will be provided at no cost to the patient or at a cost based solely upon the patients ability to pay; and
(B) In conformity with subsection (b) of Code Section 26-4-130 and the rules and regulations established pursuant thereto by the State Board of Pharmacy. (2) In addition, a physician may delegate to a nurse or physicians assistant the authority to order dangerous drugs, medical treatments, or diagnostic studies and a nurse or physicians assistant is authorized to dispense dangerous drugs, in accordance with a dispensing procedure and under the authority of an order issued in conformity with a nurse protocol or job description, if that nurse or physicians assistant orders or dispenses such drugs, treatments, or studies to a patient of an outpatient clinic: (A) Which is owned or operated by a licensed hospital; (B) Which provides such drugs, treatments, or studies free or at a charge to the patient based solely upon the patients ability to pay; provided, however, such charge shall not exceed the actual cost to the outpatient clinic; and (C) Whose services are primarily provided to the medically disadvantaged and that nurse or physicians assistant orders or dispenses such drugs in conformity with subsection (b) of Code Section 26-4-130 and the rules and regulations established pursuant thereto by the State Board of Pharmacy.
31-37-4. (a) Physicians assistants shall wear at all times when performing his or her duties a name badge which indicates that he or she is a physicians assistant and not a physician. (b) A prescription drug or device order executed by a physicians assistant shall bear the physicians assistants name and the abbreviation "P.A." An order executed pursuant to this chapter by an advanced practice registered nurse shall bear the advance practice registered nurses name and the abbreviation "A.P.R.N." (c) For purposes of this chapter and Code Section 16-13-21, physicians assistants and advance practice registered nurses are authorized to register with the federal Drug

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Enforcement Administration and appropriate state authorities. (d) Nothing in this chapter shall be construed to create the presumption of liability, either civil or criminal, on the part of a pharmacist duly licensed under Chapter 4 of Title 26 who, in good faith, fills a drug or device order of an advanced practice registered nurse pursuant to a prescription protocol or a physicians assistant pursuant to a job description. (e) This chapter shall take precedence over any conflicting provisions in Title 16, 31, 33, or 43. (f) The Composite State Board of Medical Examiners shall be empowered to promulgate rules and regulations governing physicians and physicians assistants to carry out the intents and purposes of this chapter, including establishing criteria and standards governing physicians, physicians assistants, job descriptions, and nurse protocols. The board shall be authorized to require that protocols not falling within such established criteria and standards be submitted to the board for review and approval or rejection. (g) Notwithstanding any other provision of law to the contrary, a physicians assistant or nurse may perform any act authorized to be performed by that person pursuant to and in conformity with this chapter without such act constituting the practice of medicine. (h) Nothing in this chapter shall be construed to limit or repeal this article or Articles 2, 4, and 6 of Chapter 34 of Title 43, relating to physicians, osteopaths, physicians assistants, and respiratory therapists, or Article 1 of Chapter 26 of Title 43, relating to registered nurses. (i) Nothing in this chapter shall be construed to limit or repeal any existing authority of a licensed physician to delegate to a qualified person any acts, duties, or functions which are otherwise permitted by law or established by custom. (j) Nothing in this chapter shall be construed to authorize or permit the issuance of a federal Drug Enforcement Administration license to a nurse or physicians assistant. (k) Nothing in this chapter shall be construed to limit or repeal the authority of any organization described in division (i) or (ii) of subparagraph (b)(2)(A) of this Code section or any organization established under the authority of or receiving funds pursuant to 42 U.S.C. Section 254b or 254c of the United States Public Health Service Act to supervise its agents or employees or interfere with the employer and employee relationship of any such agents or employees. (l) Notwithstanding any other provision of law to the contrary, a physicians assistant or nurse may perform any act deemed necessary to provide treatment to a hospital or nursing home patient in a life-threatening situation when such act is authorized by standing procedures established by the medical staff of the hospital or nursing home.
31-37-5. (a) 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

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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. (b) A physician who supervises a physicians assistant providing medical care pursuant to this subsection shall not be required to meet the requirements of this chapter relating to supervision by physicians. (c) 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. (d) 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 physician and the physicians assistant voluntarily and gratuitously donate their services; (4) A copy of the temporary practice agreement, signed by both the physician and the physicians assistant, is on file at the facility or program and is sent to the Composite State Board of Medical Examiners; (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 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.'"
By inserting between lines 27 and 28 of page 16 the following:
"SECTION 1A. Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, acupuncture, physicians assistants, cancer and glaucoma treatment, and respiratory care, is amended in Code Section 43-34-26.1, relating to delegation of authority to nurse or physicians assistant, by striking and reserving such Code section.
SECTION 1B. The Official Code of Georgia Annotated is amended by striking from the following Code sections the reference to 'Code Section 43-34-26.1' wherever the same shall occur and

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inserting in lieu thereof the reference to 'Chapter 37 of Title 31': (1) Code Section 16-13-21, relating to definitions relative to regulation of controlled substances; (2) Code Section 16-13-72, relating to the sale, distribution, or possession of dangerous drugs; (3) Code Section 26-4-85, relating to patient counseling and optimizing drug therapy relative to prescription drugs; (4) Code Section 26-4-130, relating to dispensing drugs, compliance with labeling and packaging requirements, records available for inspection by board, and renewal of licenses; (5) Code Section 43-26-5, relating to general powers of the Georgia Board of Nursing relative to registered professional nurses; and (6) Code Section 43-34-103, relating to application for assistant, number of assistants, new job descriptions, scope of duties, employment by nonpracticing physicians, and delegated authority relative to physicians assistants.'"
Senator Smith of the 52nd requested a ruling of the Chair as to the germaneness of amendment # 26.
The President ruled amendment # 26 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.

The President Pro Tempore ruled the amendment not germane.

Senator Thomas of the 10th 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 Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle

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

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

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N Cheeks Y Clay Y Collins N 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 N Thomas,N N Thomas,R N Thompson N Tolleson Y Unterman Y Williams N Zamarripa

On the motion, the yeas were 26, nays 27, the motion lost; the ruling of the President Pro Tempore was not sustained and the amendment was germane.

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

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

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

Y Seay 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
Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 25, nays 26, and the Thomas of the 10th amendment # 26 was lost.

Senator Thomas of the 10th moved that the Senate reconsider its action in defeating the Thomas of the 10th amendment # 26.

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

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

Y Harbison Y 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 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 27, nays 28, the motion lost; and the Thomas of the 10th amendment # 26 was not reconsidered.

Senators Seay of the 34th, Butler of the 55th, Zamarripa of the 36th, Reed of the 35th, Starr of the 44th and others offered the following amendment # 27:

Amend the Senate Health and Human Services Committee substitute to HB 1028 by inserting on line 8 of page 1, following the word and symbol "authority;", the following:
"to create the Georgia Health and Medical Insurance Authority; to provide for membership and appointment and terms of members; to define certain terms; to provide for powers of the authority; to provide for the duties of the executive director; to provide for a program of insurance; to provide for administrative matters; to provide for disclosures; to provide for bonds and matters relating to the issuance of bonds; to provide for revenues and receipts;"

By inserting in line 20 of page 1 after the word "insurance" the following: "and in the field of nonemployment related health and medical insurance for citizens".

By inserting in line 22 of page 1 after the word and symbol "costly." the following: "The citizens of our state without access to health or medical insurance through their

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employers are having increasing difficulty in obtaining health and medical insurance coverage with many foregoing health and medical care to their detriment."
By striking line 7 of page 2 and inserting in lieu thereof the following: "(c) The General Assembly further finds that the state has a significant interest in ensuring the availability of health and medical insurance to our citizens at a reasonable cost. The General Assembly further finds that providing such insurance to citizens through the authority created in this chapter will result in the increased availability of health care services to citizens of this state, which is of substantial benefit to the state and its citizens. (d) The General Assembly further finds that certain civil justice reforms as provided in this".
By striking the word "chapter" and inserting in lieu thereof the word "article" on lines 13 and 16 of page 2; lines 18 and 36 of page 3; line 11 of page 4; lines 29 and 33 of page 5; line 13 of page 6; lines 2, 18, and 31 of page 8; lines 6, 7, 14, 23, and 33 of page 9; lines 19, 25, 26, 27, 28, and 36 of page 10; lines 3, 30, and 33 of page 11; and lines 28, 31, and 35 of page 13.
By inserting immediately following line 10 of page 14 the following: "31-46-50. (a) There is created a body corporate and politic to be known as the Georgia Health and Medical Insurance Authority which shall be deemed to be a public corporation of the State of Georgia and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. (b) The authority shall consist of 13 members as follows: (1) Three members shall be appointed by the Governor. The terms of the initial members appointed by the Governor shall begin July 1, 2004, and one such member shall serve for a term of two years, one such member shall serve for a term of three years, and one such member shall serve for a term of four years. Thereafter, all members appointed by the Governor shall serve for terms of four years; (2) Three members shall be appointed by the President of the Senate. The terms of the initial members appointed by the President of the Senate shall begin July 1, 2004, and one such member shall serve for a term of two years, one such member shall serve for a term of three years, and one such member shall serve for a term of four years. Thereafter all members appointed by the President of the Senate shall serve for terms of four years; (3) Three members shall be appointed by the Speaker of the House of Representatives for terms concurrent with the Speakers term as Speaker; and (4) The following shall serve ex officio: the state auditor, the commissioner of community health, the Commissioner of Insurance, and the director of the Risk

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Management Division of the Department of Administrative Services. All members shall serve until their successors are appointed and qualified. All members shall be residents of Georgia. (c) The members of the authority shall elect one of their members as chairperson and another as vice chairperson. They shall also elect a secretary and a treasurer who need not be members. The offices of secretary and treasurer may be combined in one person. (d) The authority may make such bylaws for its government as is deemed necessary but is under no obligation to do so. (e) Any nine members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this article, except that the votes of a majority of the total membership of the authority shall be required in order for the authority to incur any obligation or indebtedness or enter into any contract or agreement. No person shall be entitled to exercise or cast a proxy vote for any member. No vacancy on the authority shall impair the right of a quorum to transact any and all business. (f) The members shall receive no compensation for their services; but all members shall be entitled to be reimbursed from funds of the authority for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the authority, for their services. (g) A vacancy in one of the appointive positions shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
31-46-51. As used in this article, the term:
(1) 'Authority' means the Georgia Health and Medical Insurance Authority created in Code Section 31-46-50. (2) 'Bond,' 'bonds,' or 'revenue bonds' means revenue bonds, refunding notes, notes, interim certificates, bond anticipation notes, and other evidences of indebtedness of the authority issued under this article. (3) 'Citizen' or 'citizens' means citizens of the State of Georgia who reside within the State of Georgia who do not have access to health or medical insurance through their employer. (4) 'Insurance' means a health or medical insurance or indemnity policy which would pay for all or part of the costs of health or medical care.
31-46-52. (a) The authority shall have power:
(1) To have a seal and alter the same at pleasure; (2) To adopt, amend, and repeal bylaws and rules consistent with this article to regulate its affairs, to carry into effect the powers and purposes of the authority, and to conduct its business;

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(3) To acquire by purchase, lease, or otherwise, with the exception of eminent domain, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (4) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue; to lease or make contracts with respect to the use of the same; or to dispose of the same in any manner it deems to the best advantage of the authority; (5) To appoint, select, and employ officers, agents, consultants, and employees, including, but not limited to, fiscal agents, actuaries, accountants, risk managers, health care and financial experts, and attorneys and fix their respective compensations; (6) To appoint, select, and employ an executive director which action shall be mandatory; (7) To make contracts and leases and to execute all instruments necessary or convenient and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character. Any and all persons, firms, and corporations; the state; and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. The authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia, or the United States government, or any agency or department thereof; (8) To invest and reinvest funds; (9) To provide, obtain, or purchase insurance or reinsurance agreements or both under such terms and conditions as the authority deems appropriate; (10) To settle and pay claims under such insurance agreements under such conditions and terms as the authority deems appropriate; (11) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (12) To accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (13) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; (14) To sell, convey, mortgage, pledge, assign, lease, exchange, transfer, or otherwise dispose of all or any part of its property or assets; (15) To borrow money for any corporate purposes from any bank, banks, or other

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lending institutions and to execute evidences of such indebtedness and to secure the same; (16) To fix, alter, charge, and collect premiums from participating citizens for insurance provided by or procured by the authority, such rates to be at least sufficient to provide for payment of all expenses of the authority, the conservation, maintenance, and operation of the authority on a sound actuarial basis, the payment of principal and interest on its notes, bonds, and other evidences of indebtedness or obligation, and to fulfill the terms and provisions of any agreement made with the purchasers and holders of any such notes, bonds, or other evidences of indebtedness or obligation; and (17) To do all things necessary or convenient to carry out the powers expressly given in this article. (b) No part of the revenues or assets of the authority may inure to the benefit of or be distributable to its members or officers or other private persons. Any net earnings of the authority beyond that necessary for retirement of authority indebtedness or to implement the public purposes of this article shall inure to the benefit of the state. Upon termination or dissolution, all rights and properties of the authority shall pass to and are vested in the state, subject to the rights of lienholders and other creditors.
31-46-53. (a) The executive director shall approve all accounts for salaries, allowable expenses, and expenses incidental to the operation of the authority. (b) The executive director shall manage the staff and employees of the authority under the direction and approval of the authority. (c) The executive director shall attend the meetings of the authority and shall maintain a record of the proceedings of the authority along with all books, documents, and papers filed with the authority, the minutes of the authority, and its official seal. The executive director may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates.
31-46-54. (a) Without limiting the generality of any provisions of this article, the general purpose of the authority is declared to be that of providing or procuring insurance for citizens in this state. The authority may develop, market, finance, and maintain one or more programs of insurance for such citizens that desire to participate in such program or programs and the authority shall be authorized to do any and all things deemed by the authority to be necessary, convenient, or desirable for and incident to the efficient and proper development and operation of such types of undertakings. (b) The authority and its activities shall not be subject to Title 33. The Commissioner of Insurance may, however, adopt and enforce rules, regulations, and standards to ensure the fiscal and actuarial soundness of the authority and its activities; and all

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records of the authority shall be open at any time to inspection by the Commissioner of Insurance or his or her authorized agents.
31-46-55. In developing a program of insurance for citizens that desire to participate in such program, the authority may establish such eligibility standards and underwriting criteria for participating citizens as the authority deems appropriate.
31-46-56. (a) All meetings of the authority shall be open to the public at all times. Ample notice shall be given to all members of the authority and to the public of any special or called meeting of the authority. The minutes of all meetings and all actions taken by the authority shall likewise be open to public inspection. (b) Each purchase made on behalf of the authority of personal property or services in excess of $20,000.00 shall be accomplished pursuant to competitive bids, after having published invitations to bid in one or more newspapers in general circulation in the state prior to the award of any contract. All bids shall be opened during meetings of the authority, and the rejection or acceptance thereof shall be entered upon the minutes of the authority. (c) Any surplus or unserviceable property of the authority shall be disposed of pursuant to competitive bids which shall be advertised in one or more newspapers in general circulation in the state. All bids for the disposal of such property shall be opened during public meetings of the authority, and the acceptance or rejection thereof shall be entered upon the minutes of the authority. (d) At the conclusion of each fiscal year of the authority, the affairs of the authority shall be audited by a certified public accounting firm and a report of such audit shall be submitted to the General Assembly for review.
31-46-57. (a) Every member of the authority and every employee of the authority who knowingly has any interest, direct or indirect, in any contract to which the authority is or is about to become a party, in any other business of the authority, or in any firm or corporation doing business with the authority shall make full disclosure of such interest to the authority. Failure to disclose such an interest shall constitute cause for which an authority member may be removed or an employee discharged or otherwise disciplined at the discretion of the authority. (b) Any contract or transaction of the authority involving a conflict of interest not disclosed under subsection (a) of this Code section or involving a violation of any other provision of law regulating conflicts of interest which is applicable to the authority or its members, officers, or employees shall be voidable by the authority.
31-46-58. The Attorney General shall provide legal services for the authority and Code Sections

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45-15-13 through 45-15-16 shall apply with respect to such provision of legal services.
31-46-59. (a) The authority may issue bonds for the purposes of this article, including without limitation the provision of initial capital or reserves or both needed for the provision or procurement of insurance services by the authority. (b) The authority shall have the power to borrow money and to issue bonds, regardless of whether the interest payable by the authority incident to such loans or bonds or income derived by the holders of the evidence of such indebtedness or bonds is, for purposes of federal taxation, includable in the taxable income of the recipients of such payments or is otherwise not exempt from the imposition of such taxation on the recipient. (c) No bonds, notes, or other obligations of, and no indebtedness incurred by, the authority shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or its agencies or a cause of action against the state or its agencies. (d) It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and are a public purpose and the authority will be performing an essential government function in the exercise of the powers conferred upon it by this article. The state covenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by the authority or under the jurisdiction, control, possession, or supervision of the authority or upon the activities of the authority in the financing of the activities financed by the authority or upon any principal, interest, premium, fees, charges, or other income received by the authority and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption from taxation is declared to specifically extend to any subsidiary corporation created by the board of directors of the authority but shall not extend to tenants or lessees of the authority unless otherwise exempt from taxation. The exemption from taxation shall include exemptions from sales and use taxes on property purchased by the authority or for use by the authority. (e) The state does pledge to and agree with the holders of any bonds issued by the authority pursuant to this article that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the benefit of the holders of bonds or in any way impair the rights and remedies of bondholders until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged or funds for the payment of such are fully provided. The authority is authorized to include this pledge and agreement of the state in any agreement with bondholders.

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31-46-60. (a) The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 5 of Title 10, the 'Georgia Securities Act of 1973.' No notice, proceeding, or publication except those required in this article is necessary to the performance of any act authorized in this article; nor is any such act subject to referendum. (b) The authority shall fix such rates, fees, and charges for use of its services and facilities as is sufficient in the aggregate, when added to any other grants or funds available to the authority, to provide funds for the payment of the interest on and principal of all bonds payable from said revenues and to meet all other encumbrances upon such revenues as provided by any agreement executed by the authority in connection with the exercise of its powers under this article and for the payment of all operating costs and expenses which shall be incurred by the authority, including provisions for appropriate reserves. (c) The use and disposition of the authoritys revenue is subject to the provisions of the resolutions authorizing the issuance of any bonds payable therefrom or of the trust agreement or indenture, if any, securing the same. The authority may designate any of its bonds as general obligations or may limit the source of repayment pursuant to the resolution authorizing the issuance of the bonds. (d) The making of any loan commitment or loan, and the issuance, in anticipation of the collection of the revenues from such loan or loans, of bonds to provide funds therefor, may be authorized under this article by resolution of the authority. Unless otherwise provided therein, such resolution shall take effect immediately and need not be published or posted. The authority, in determining the amount of such bonds, may include all costs and estimated costs of the issuance of the bonds; all fiscal, legal, and trustee expenses; and all costs of the project. Such bonds may also be issued to pay off, refund, or refinance any outstanding bonds or other obligations of any nature, whether or not such bonds or other obligations are then subject to redemption; and the authority may provide for such arrangements as it may determine for the payment and security of the bonds being issued or for the payment and security of the bonds or other obligations to be paid off, refunded, or refinanced. (e) Bonds may be issued under this article in one or more series; may bear such date or dates; may mature at such time or times, not exceeding 40 years from their respective dates; may bear interest at such rate or rates, payable at such time or times; may be payable in such medium of payment at such place or places; may be in such denomination or denominations; may be in such form, either coupon or registered or book entry; may be issued in such specific amounts; may carry such registration, conversion, and exchangeability privileges; may be declared or become due before the maturity date thereof; may provide such call or redemption privileges; may have such rank or priority; may be the subject of a put or agreement to repurchase by the authority or others; may be resold by the authority, once acquired, without the acquisition being considered the extinguishment of the bonds; may be issued for a project or for more than one project, whether or not such project is identified at the time of bond issuance;

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and may contain such other terms, covenants, assignments, and conditions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. The authority may sell such bonds in such manner, at such price or prices, and on such terms and conditions as the authority determines. (f) The bonds must be signed by the chairperson or vice chairperson of the authority; the corporate seal of the authority must be impressed, imprinted, or otherwise reproduced on the bonds; and the bonds must be attested by the signature of the secretary or assistant secretary of the authority. The signatures of the officers of the authority and the seal of the authority on any bond issued by the authority may be facsimile if the instrument is authenticated or countersigned by a trustee other than the authority itself or an officer or employee of the authority. All bonds issued under authority of this article bearing signatures or facsimiles of signatures of officers of the authority in office on the date of the signing thereof are valid and binding, notwithstanding that before the delivery thereof and payment therefor such officers whose signatures appear thereon have ceased to be officers of the authority. Pending the preparation of the definitive bonds, interim certificates, in such form and with such provisions as the authority may determine, may be issued to the purchasers of bonds to be issued under this article. (g) The provisions of this article and of any bond resolution, indenture, or trust agreement entered into pursuant to this article are a contract with every holder of the bonds; and the duties of the authority under this article and under any such bond resolution, indenture, or trust agreement are enforceable by any bondholder by mandamus or other appropriate action or proceeding at law or in equity. (h) The authority may provide for the replacement of any bond which becomes mutilated, lost, or destroyed in the manner provided by the resolution, indenture, or trust agreement. (i) Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' the usury laws of this state, or any other laws of this state do not apply to bonds of the authority. (j) All bonds issued by the authority under this article shall be issued and shall be validated by the Superior Court of Fulton County, Georgia, under and in accordance with the procedures set forth in Code Sections 36-82-73 through 36-82-83, which comprise a portion of the 'Revenue Bond Law,' as now or hereafter in effect, except as provided in this article. Notes and other obligations of the authority may be, but are not required to be, so validated. (k) All bonds must bear a certificate of validation signed by the clerk of the Superior Court of Fulton County, Georgia. Such signature may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry is original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (l) The authority shall reimburse the district attorney for his or her actual costs, if any, associated with the bond validation proceedings. The fees payable to the clerk of the Superior Court of Fulton County for validation and confirmation shall be as follows for

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each bond, regardless of the denomination of such bond: $1.00 for each bond for the first 100 bonds; 25 for each of the next 400 bonds; and 10 for each bond over 500. (m) In lieu of specifying the rate or rates of interest which bonds to be issued by the authority are to bear, the notice to the district attorney or the Attorney General; the notice to the public of the time, place, and date of the validation hearing; and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and the petition and complaint or may state that, if the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which may be fixed or may fluctuate or otherwise change from time to time, so specified; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (n) Prior to issuance, all bonds shall be subject to the approval of the Georgia State Financing and Investment Commission. (o) Any other law to the contrary notwithstanding, this article shall govern all civil claims, proceedings, and actions respecting debt of the authority evidenced by bonds.
31-46-61. The bonds authorized by this article are securities in which:
(1) All public officers and bodies of this state; (2) All local governments of this state; (3) All insurance companies and associations and other persons carrying on an insurance business; (4) All banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; (5) All administrators, guardians, executors, trustees, and other fiduciaries; and (6) All other persons whomsoever who are authorized to invest in bonds or other obligations of this state may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are also securities which may be deposited with and shall be received by all public officers and bodies of this state and local governments for any purpose for which deposit of the bonds or other obligations of this state is authorized.
31-46-62. (a) All or any part of the gross or net revenues and earnings derived from any particular loan or loans and any and all revenues and earnings received by the authority, regardless of whether such revenues and earnings were produced by a particular loan or loans for which bonds have been issued, may be pledged by the authority to the payment of the principal of and interest on bonds of the authority as may be provided in

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any resolution authorizing the issuance of such bonds or in any indenture or trust agreement pertaining to such bonds. (b) Such funds so pledged, from whatever source received, may include funds received from one or more of all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or indenture or trust agreement, which sinking funds may be pledged to and charged with the payment of:
(1) The interest on such bonds as such interest becomes due; (2) The principal of the bonds as the same mature; (3) The necessary charges of any trustee, paying agent, or registrar for such bonds; (4) Any premium on bonds retired on call or purchase; and (5) Reimbursement of a credit enhancement provider who has paid principal of or premium or interest on any bond. (c) The use and disposition of any sinking fund may be subject to regulations for which provision may be made in the resolution authorizing the issuance of the bonds or in the trust instrument or indenture securing the payment of the same.
31-46-63. (a) Any issue of bonds may be secured by a trust agreement or indenture made by the authority with a corporate trustee, which may be any trust company or bank having the power of a trust company inside or outside this state. Such trust agreement or indenture may pledge or assign all revenue, receipts, and earnings to be received by the authority from any source and any proceeds which may derive from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. (b) The resolution providing for the issuance of bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver on default in the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rates, fees, and charges pertaining to any loan, any overdue principal and interest on any loan, any overdue principal of and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the authority. (c) Such resolution, trust agreement, or indenture may include covenants setting forth the duties of the authority regarding the custody, safeguarding, and application of all funds of the authority, including any proceeds derived from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. In addition, such resolution, trust agreement, or indenture may include covenants providing for the operation, maintenance, repair, and insurance of any facility or capital improvements constructed or acquired with loan proceeds. (d) All expenses incurred in carrying out any trust agreement or indenture under this Code section may be treated as a part of the cost of financing and administering the loans that will be funded or acquired with the proceeds of the bonds governed by such trust agreement or indenture.

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31-46-64. (a) All moneys received pursuant to the provisions of this article, whether as proceeds from the sale of bonds or other obligations, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this article. The authority shall, in the resolution providing for the issuance of bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes expressed in this article, subject to such regulations as this article and such resolution or trust indenture may provide. (b) The authority may pledge for the payment of its bonds such assets, funds, and properties as the resolution providing for the issuance of its bonds may provide. Any such pledge made by the authority is valid and binding from the time when the pledge is made; the moneys or properties so pledged and thereafter received by the authority are immediately subject to the lien of such pledge without any physical delivery thereof or further act; and the lien of any such pledge is valid and binding as against all parties having claims of any kind against the authority, irrespective of whether such parties have notice thereof. No resolution or any other instrument by which a pledge is created need be recorded.
ARTICLE 4"

By renumbering Code Sections 31-46-50 through 31-46-53 on pages 14, 15, and 16 of said substitute as Code Sections 31-46-80 through 31-46-83, respectively.

Senator Smith of the 52nd requested a ruling of the Chair as to the germaneness of amendment # 27.

The President ruled amendment # 27 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.

The President Pro Tempore ruled amendment # 27 germane.

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 Y Harp Y Henson N Hill

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

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

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

Y 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 25, nays 29, and the Seay, et al. amendment # 27 was lost.

Senator Lamutt of the 21st offered the following amendment # 28:

Amend the Senate Health and Human Services Committee substitute to HB 1028 by deleting on page 1 line 18 through page 14 line 10.

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

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

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

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

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N Golden Y Hall N Hamrick

Y Price N Reed Y Seabaugh

Y Williams N Zamarripa

On the adoption of the amendment, the yeas were 21, nays 33, and the Lamutt amendment # 28 was lost.

Senator Fort of the 39th offered the following amendment # 29:

Amend the committee substitute to HB 1028 (LC 14 8858S) by adding after "actions;" on line 10 of page 1 the following:
"to provide for legislative findings with respect to a crisis in the field of mental health services and prescriptive authority; to provide for prescriptive authority by psychologists;".

By inserting between lines 27 and 28 of page 16 the following:

"SECTION 1A. Said title is further amended by striking Chapter 37, which is reserved, and inserting in its place a new Chapter 37 to read as follows:

'CHAPTER 37

31-37-1. The General Assembly finds a crisis in the provision of access to mental health services and prescriptions related to such services. This crisis is of significant detriment to the citizens of this state and their economic, social, and academic endeavors. The General Assembly further finds that extending prescriptive authority to psychologists will alleviate the crisis and be of substantial benefit to the state.

31-37-2. (a) As used in this chapter, the term "psychologist" means any person duly licensed as a psychologist under Chapter 39 of Title 43. (b) The practice of psychology shall include the administering, ordering, and prescribing of drugs for the diagnosis, care, and treatment of mental or nervous disorders or illness. (c) The State Board of Examiners of Psychologists shall adopt rules for certification of psychologists to administer, order, and prescribe drugs, which rules shall include appropriate training and examination requirements and which shall provide for consultation with a physician. (d) For purposes of Title 16 and other state or federal laws and regulations, a psychologist is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities.

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(e) The provisions of this Code section shall supersede any provisions of Code Section 43-39-1 which may be in conflict with the provisions of this Code section.'"

Senator Smith of the 52nd requested a ruling of the Chair as to the germaneness of amendment # 29.

The President ruled amendment # 29 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.

The President Pro Tempore ruled the amendment # 29 not germane.

On the adoption of the substitute, the President ordered a roll call, 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 N Clay Y Collins Y Crotts N Dean N Fort N Gillis Y Golden Y Hall Y Hamrick

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

On the adoption of the substitute, the yeas were 28, nays 26, and the committee substitute was adopted as amended.

Senators Meyer von Bremen of the 12th, Tanksley of the 32nd, Harp of the 16th and Brown of the 26th offered the following substitute to HB 1028:

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A BILL TO BE ENTITLED AN ACT
To amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions in civil cases, so as to change certain provisions relating to medical malpractice civil actions; to create provisions regarding expert opinions in medical malpractice civil actions; to amend Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to examination of witnesses, so as to change provisions relating to opinions of expert witnesses; to create provisions regarding expert witnesses competent to testify in causes of action alleging medical malpractice; 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; to provide for the filling of vacancies; to provide for the powers, duties, operations, and financial affairs of the authority; to provide for the general purpose of the authority; to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide that hospitals shall be insulated from liability for the acts of emergency room physicians who are independent contractors providing emergency health care services in a hospital emergency room; to provide for definitions; to provide for notice requirements regarding independent contractor physicians to the public; to provide for liability insurance coverage requirements for independent contractor physicians; to provide for matters related to the standard of care; to change provisions relating to right of contribution among joint trespassers and effect of settlement so as to provide for a postverdict apportionment of damages; to change provisions relating to the effect of plaintiffs comparative negligence on right to recover; 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 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions in civil cases, is amended by striking subsections (a) and (f) of Code Section 9-11-9.1, relating to complaints for professional negligence and related requirement of filing of affidavits, and inserting in lieu thereof the following:
"(a) In any action for damages alleging professional malpractice against a professional licensed by the State of Georgia and listed in subsection (f) of this Code section or against any licensed health care facility alleged to be liable based upon the action or inaction of a health care professional licensed by the State of Georgia and listed in subsection (f) of this Code section, the plaintiff shall be required to file with the complaint an affidavit of an expert competent to testify, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim."

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"(f) The professions to which this Code section applies are: (1) Architects; (2) Attorneys at law; (3) Certified public accountants; (4) Chiropractors; (5) Clinical social workers; (6) Dentists; (7) Dietitians; (8)(4) Land surveyors; or (9) Medical doctors; (10) Marriage and family therapists; (11) Nurses; (12) Occupational therapists; (13) Optometrists; (14) Osteopathic physicians; (15) Pharmacists; (16) Physical therapists; (17) Physicians' assistants; (18) Professional counselors; (19)(5) Professional engineers;. (20) Podiatrists; (21) Psychologists; (22) Radiological technicians; (23) Respiratory therapists; or (24) Veterinarians." SECTION 2.
Said article is further amended by adding a new Code Section 9-11-9.2 to read as follows: "9-11-9.2. (a) In any action for damages alleging medical malpractice against a professional licensed by the State of Georgia and listed in subsection (h) of this Code section, against a professional corporation or other legal entity that provides health care services or is alleged to be liable based on the action or inaction of a health care professional licensed by the State of Georgia and listed in subsection (h) of this Code section, or against any licensed health care facility alleged to be liable based upon the action or inaction of a health care professional licensed by the State of Georgia and listed in subsection (h) of this Code section, at any time within 90 days following the filing of the complaint the plaintiff shall be required to file an affidavit of an expert competent to testify under Code Section 24-9-67.1, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim. (b) Within 30 days of service of the complaint the defendant shall be required to produce his or her curriculum vitae, resume, or other complete statement of education, experience, and certifications, as well as all records and other tangible items in the control, custody, or possession of the defendant related to the care and treatment of the

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patient whose care is at issue. The failure to produce this information shall toll the time to file the affidavit until such time as the information is produced. (c) If an affidavit is filed after the filing of a complaint, the defendant shall not be required to file an answer to the complaint and affidavit until 30 days after the filing of the affidavit. (d) The trial court may, on motion, after hearing and for good cause extend such time as it shall determine justice requires. If an affidavit is not filed within the period specified in this Code section or as extended by the trial court and the defendant against whom an affidavit should have been filed alleges, by motion to dismiss filed contemporaneously with its initial responsive pleading, that the plaintiff has failed to file the requisite affidavit, the complaint is subject to dismissal for failure to state a claim. (e) This Code section shall not be construed to extend any applicable period of limitation, except that if the affidavit is filed within the period specified in this Code section, the filing of the affidavit after the expiration of the statute of limitations shall be considered timely and shall provide no basis for a statute of limitations defense. (f) If a plaintiff files an affidavit which is allegedly defective for any reason other than a claim that after deposing the affiant he or she does not meet the requirements of Code Section 24-9-67.1, and the defendant to whom it pertains alleges, with specificity, by motion to dismiss filed contemporaneously with its initial responsive pleading, that said affidavit is defective, the plaintiff's complaint is subject to dismissal, except that the plaintiff may cure the alleged defect by amendment pursuant to Code Section 9-11-15 within 30 days of service of the motion alleging that the affidavit is defective. A defendant who after deposing the affiant alleges that an affidavit is defective because the affiant does not meet the requirements of Code Section 24-9-67.1 shall file a motion to dismiss within 30 days of the date the deposition is filed with the court or delivered to the party taking the deposition by an authorized officer or court reporter pursuant to subparagraph (f)(1)(A) of Code Section 9-11-30 or prior to the date of any pretrial hearing, whichever is earlier. In any order holding that the affiant does not meet the requirements of Code Section 24-9-67.1, the court shall state with specificity the reasons the affiant does not meet those requirements and what requirements the court deems necessary for an expert to qualify under that Code section. The plaintiff shall then have 60 days from the date of the order to submit the affidavit of another expert, during which time discovery shall be stayed. If the plaintiff fails to submit such affidavit of another expert within 60 days of the date of the order, the case against that defendant is subject to dismissal. The trial court may, in the exercise of its discretion, extend the time for filing any amendment, affidavit, or response to the motion as it shall determine justice requires. (g) If a plaintiff fails to file an affidavit as required by this Code section and the defendant raises the failure to file such an affidavit by motion to dismiss filed contemporaneously with its initial responsive pleading, such complaint shall not be subject to the renewal provisions of Code Section 9-2-61 after the expiration of the applicable period of limitation, unless a court determines that the plaintiff had the

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requisite affidavit within the time required by this Code section and the failure to file the affidavit was the result of a mistake. (h) The professions to which this Code section applies are:
(1) Chiropractors; (2) Clinical social workers; (3) Dentists; (4) Dietitians; (5) Marriage and family therapists; (6) Medical doctors; (7) Nurses; (8) Occupational therapists; (9) Optometrists; (10) Osteopathic physicians; (11) Pharmacists; (12) Physical therapists; (13) Physicians assistants; (14) Podiatrists; (15) Professional counselors; (16) Psychologists; (17) Radiological technicians; (18) Respiratory therapists; or (19) Veterinarians."
SECTION 3. Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to examination of witnesses, is amended by striking Code Section 24-9-67, relating to opinions of experts, and inserting in lieu thereof the following:
"24-9-67. Except as provided in Code Section 24-9-67.1, the The opinions of experts on any question of science, skill, trade, or like questions shall always be admissible; and such opinions may be given on the facts as proved by other witnesses."
SECTION 4. Said article is further amended by adding a new Code Section 24-9-67.1 to read as follows:
"24-9-67.1. (a) In a civil action for medical malpractice as defined in Code Section 9-3-70, the opinions of an expert as to the standard of care of the defendant whose conduct is at issue shall be admissible only if, at the time the act or omission is alleged to have occurred or at the time the witness testifies, the expert witness:
(1) Was licensed by an appropriate regulatory agency to practice his or her profession and was practicing or teaching or some combination thereof his or her profession during at least three of the five years immediately preceding such time; and

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(2) Meets at least one of the following criteria: (A) The expert shares at least one specialty certification with the defendant; (B) The expert has experience in the diagnosis or treatment of the condition at issue, the performance of the procedure or procedures at issue, or the provision of the services at issue; (C) The expert has experience in an area of practice or specialty that diagnoses, treats, or cares for patients under similar conditions or circumstances as are at issue; or (D) The expert is a physician and, as a result of having supervised, taught, or instructed nurses, nurse practitioners, certified registered nurse anesthetists, nurse midwives, physicians assistants, physical therapists, occupational therapists, or medical support staff, has knowledge of the standard of care of that health care provider under the circumstances at issue.
(b) Any objection to the qualification of the expert witness to provide such testimony shall:
(1) Be made no later than 30 days after the date the deposition is filed with the court or delivered to the party taking the deposition by an authorized officer or court reporter pursuant to subparagraph (f)(1)(A) of Code Section 9-11-30 or prior to the date of any pretrial hearing, whichever is earlier; (2) Be made by written motion; and (3) Set forth with specificity the factual and legal basis of the objection."
SECTION 5. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at its end a new Chapter 46 to read as follows:
"CHAPTER 46
31-46-1. The General Assembly finds that there presently exists a crisis in the field of hospital liability insurance. Hospitals in this state are having increasing difficulty in locating liability insurance and, when such hospitals are able to locate such insurance, the insurance is extremely costly. The result of this crisis is the potential for a diminution of the availability of access to health care services and the resultant effect on the health and well-being of the citizens of this state. The General Assembly finds that the state has a significant interest in ensuring the availability of liability insurance for hospitals which provide indigent care in this state at reasonable cost to the facilities. The General Assembly further finds that the provision of such insurance to the hospitals will result in the increased availability of health care services for the citizens of this state which is of substantial benefit to the state and its citizens.
31-46-2. This chapter shall be known and may be cited as the 'Georgia Hospital Insurance

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Authority Act.'
31-46-3. This chapter, being for the health and welfare of the state and its inhabitants, shall be liberally construed to effect its purposes.
31-46-4. (a) There is created a body corporate and politic to be known as the Georgia Hospital Insurance Authority which shall be deemed to be a public corporation of the State of Georgia by that name, style, and title. Said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. (b) The authority shall consist of 13 members as follows:
(1) Three members shall be appointed by the Governor. The terms of the initial members appointed by the Governor shall begin July 1, 2004, and one such member shall serve for a term of two years, one such member shall serve for a term of three years, and one such member shall serve for a term of four years. Thereafter, all members appointed by the Governor shall serve for terms of four years; (2) Three members shall be appointed by the President of the Senate. The terms of the initial members appointed by the President of the Senate shall begin July 1, 2004, and one such member shall serve for a term of two years, one such member shall serve for a term of three years, and one such members shall serve for a term of four years. Thereafter all members appointed by the President of the Senate shall serve for terms of four years; (3) Three members shall be appointed by the Speaker of the House of Representatives for terms concurrent with the Speakers term as Speaker; and (4) The following shall serve ex officio: the state auditor, the commissioner of community health, the Commissioner of Insurance, and the director of the Risk Management Division of the Department of Administrative Services. All members shall serve until their successors are appointed and qualified. All members shall be residents of Georgia. (c) The members of the authority shall elect one of their members as chairperson and another as vice chairperson. They shall also elect a secretary and a treasurer who need not be members. The offices of secretary and treasurer may be combined in one person. (d) The authority may make such bylaws for its government as is deemed necessary but is under no obligation to do so. (e) Any nine members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this chapter, except that the votes of a majority of the total membership of the authority shall be required in order for the authority to incur any obligation or indebtedness or enter into any contract or agreement. No person shall be entitled to

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exercise or cast a proxy vote for any member. No vacancy on the authority shall impair the right of a quorum to transact any and all business. (f) The members shall receive no compensation for their services; but all members shall be entitled to be reimbursed from funds of the authority for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the authority, for their services. (g) A vacancy in one of the appointive positions shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
31-46-5. As used in this chapter, the term:
(1) 'Authority' means the Georgia Hospital Insurance Authority created in Code Section 31-46-4. (2) 'Bond,' 'bonds,' or 'revenue bonds' means revenue bonds, refunding notes, notes, interim certificates, bond anticipation notes, and other evidences of indebtedness of the authority issued under this chapter. (3) 'Medical facility' means any hospital in this state having less than 200 licensed beds and its credentialed physicians and where such hospital, as of January 1, 2004, did not participate in a captive or self-insurance trust program established for liability insurance purposes.
31-46-6. (a) The authority shall have power:
(1) To have a seal and alter the same at pleasure; (2) To adopt, amend, and repeal bylaws and rules consistent with this chapter to regulate its affairs, to carry into effect the powers and purposes of the authority, and to conduct its business; (3) To acquire by purchase, lease, or otherwise, with the exception of eminent domain, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (4) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue; to lease or make contracts with respect to the use of the same; or to dispose of the same in any manner it deems to the best advantage of the authority; (5) To appoint, select, and employ officers, agents, consultants, and employees, including, but not limited to, fiscal agents, actuaries, accountants, risk managers, health care and financial experts, and attorneys, and fix their respective compensations; (6) To appoint, select, and employ an executive director; (7) To make contracts and leases and to execute all instruments necessary or

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convenient and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character. Any and all persons, firms, and corporations; the state; and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. The authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia, or the United States government, or any agency or department thereof; (8) To invest and reinvest funds; (9) To provide, obtain, or purchase insurance or reinsurance agreements or both under such terms and conditions as the authority deems appropriate; (10) To settle and pay claims under such insurance agreements under such conditions and terms as the authority deems appropriate; (11) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (12) To accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (13) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; (14) To sell, convey, mortgage, pledge, assign, lease, exchange, transfer, or otherwise dispose of all or any part of its property or assets; (15) To borrow money for any corporate purposes from any bank, banks, or other lending institutions and to execute evidences of such indebtedness and to secure the same; (16) To fix, alter, charge, and collect premiums from participating medical facilities for insurance provided by or procured by the authority, such rates to be at least sufficient to provide for payment of all expenses of the authority, the conservation, maintenance, and operation of the authority on a sound actuarial basis, the payment of principal and interest on its notes, bonds, and other evidences of indebtedness or obligation, and to fulfill the terms and provisions of any agreement made with the purchasers and holders of any such notes, bonds, or other evidences of indebtedness or obligation; and (17) To do all things necessary or convenient to carry out the powers expressly given in this chapter. (b) No part of the revenues or assets of the authority may inure to the benefit of or be distributable to its members or officers or other private persons. Any net earnings of the authority beyond that necessary for retirement of authority indebtedness or to implement the public purposes of this chapter shall inure to the benefit of the state.

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Upon termination or dissolution, all rights and properties of the authority shall pass to and are vested in the state, subject to the rights of lienholders and other creditors.
31-46-7. (a) The executive director shall approve all accounts for salaries, allowable expenses, and expenses incidental to the operation of the authority. (b) The executive director shall manage the staff and employees of the authority under the direction and approval of the authority. (c) The executive director shall attend the meetings of the authority and shall maintain a record of the proceedings of the authority along with all books, documents, and papers filed with the authority, the minutes of the authority, and its official seal. The executive director may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates.
31-46-8. (a) Without limiting the generality of any provisions of this chapter, the general purpose of the authority is declared to be that of providing or procuring insurance for public and private medical facilities which provide any indigent health care services in this state. The authority may develop, market, finance, and maintain one or more programs of insurance for such public and private medical facilities that desire to participate in such program and the authority shall be authorized to do any and all things deemed by the authority to be necessary, convenient, or desirable for and incident to the efficient and proper development and operation of such types of undertakings. (b) The authority and its activities shall not be subject to Title 33. The Commissioner of Insurance may, however, adopt and enforce rules, regulations, and standards to ensure the fiscal and actuarial soundness of the authority and its activities; and all records of the authority shall be open at any time to inspection by the Commissioner of Insurance or his or her authorized agents.
31-46-9. In developing a program of insurance for those medical facilities that desire to participate in such program, the authority may establish such eligibility standards and underwriting criteria for participating medical facilities as the authority deems appropriate, including but not limited to: (1) requirements that participating medical facilities assume a part or parts of any insured risks; and (2) contractual requirements for payment of premiums or assessments or both.
31-46-10. (a) All meetings of the authority shall be open to the public at all times. Ample notice shall be given to all members of the authority and to the public of any special or called

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meeting of the authority. The minutes of all meetings and all actions taken by the authority shall likewise be open to public inspection. (b) Each purchase made on behalf of the authority of personal property or services in excess of $20,000.00 shall be accomplished pursuant to competitive bids, after having published invitations to bid in one or more newspapers in general circulation in the state prior to the award of any contract. All bids shall be opened during meetings of the authority, and the rejection or acceptance thereof shall be entered upon the minutes of the authority. (c) Any surplus or unserviceable property of the authority shall be disposed of pursuant to competitive bids which shall be advertised in one or more newspapers in general circulation in the state. All bids for the disposal of such property shall be opened during public meetings of the authority, and the acceptance or rejection thereof shall be entered upon the minutes of the authority. (d) At the conclusion of each fiscal year of the authority, the affairs of the authority shall be audited by a certified public accounting firm and a report of such audit shall be submitted to the General Assembly for review.
31-46-11. (a) Every member of the authority and every employee of the authority who knowingly has any interest, direct or indirect, in any contract to which the authority is or is about to become a party, in any other business of the authority, or in any firm or corporation doing business with the authority shall make full disclosure of such interest to the authority. Failure to disclose such an interest shall constitute cause for which an authority member may be removed or an employee discharged or otherwise disciplined at the discretion of the authority. (b) Any contract or transaction of the authority involving a conflict of interest not disclosed under subsection (a) of this Code section or involving a violation of any other provision of law regulating conflicts of interest which is applicable to the authority or its members, officers, or employees shall be voidable by the authority.
31-46-12. The Attorney General shall provide legal services for the authority and Code Sections 45-15-13 through 45-15-16 shall apply with respect to such provision of legal services.
31-46-13. (a) The authority may issue bonds for the purposes of this chapter, including without limitation the provision of initial capital or reserves or both needed for the provision or procurement of insurance services by the authority. (b) The authority shall have the power to borrow money and to issue bonds, regardless of whether the interest payable by the authority incident to such loans or bonds or income derived by the holders of the evidence of such indebtedness or bonds is, for purposes of federal taxation, includable in the taxable income of the recipients of such payments or is otherwise not exempt from the imposition of such taxation on the

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recipient. (c) No bonds, notes, or other obligations of, and no indebtedness incurred by, the authority shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or its agencies or a cause of action against the state or its agencies. (d) It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and are a public purpose and the authority will be performing an essential government function in the exercise of the powers conferred upon it by this chapter. The state covenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by the authority or under the jurisdiction, control, possession, or supervision of the authority or upon the activities of the authority in the financing of the activities financed by the authority or upon any principal, interest, premium, fees, charges, or other income received by the authority and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption from taxation is declared to specifically extend to any subsidiary corporation created by the board of directors of the authority but shall not extend to tenants or lessees of the authority unless otherwise exempt from taxation. The exemption from taxation shall include exemptions from sales and use taxes on property purchased by the authority or for use by the authority. (e) The state does pledge to and agree with the holders of any bonds issued by the authority pursuant to this chapter that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the benefit of the holders of bonds or in any way impair the rights and remedies of bondholders until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged or funds for the payment of such are fully provided. The authority is authorized to include this pledge and agreement of the state in any agreement with bondholders.
31-46-14. (a) The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 5 of Title 10, the 'Georgia Securities Act of 1973.' No notice, proceeding, or publication except those required in this chapter is necessary to the performance of any act authorized in this chapter; nor is any such act subject to referendum. (b) The authority shall fix such rates, fees, and charges for use of its services and facilities as is sufficient in the aggregate, when added to any other grants or funds available to the authority, to provide funds for the payment of the interest on and principal of all bonds payable from said revenues and to meet all other encumbrances upon such revenues as provided by any agreement executed by the authority in

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connection with the exercise of its powers under this chapter and for the payment of all operating costs and expenses which shall be incurred by the authority, including provisions for appropriate reserves. (c) The use and disposition of the authoritys revenue is subject to the provisions of the resolutions authorizing the issuance of any bonds payable therefrom or of the trust agreement or indenture, if any, securing the same. The authority may designate any of its bonds as general obligations or may limit the source of repayment pursuant to the resolution authorizing the issuance of the bonds. (d) The making of any loan commitment or loan, and the issuance, in anticipation of the collection of the revenues from such loan or loans, of bonds to provide funds therefor, may be authorized under this chapter by resolution of the authority. Unless otherwise provided therein, such resolution shall take effect immediately and need not be published or posted. The authority, in determining the amount of such bonds, may include all costs and estimated costs of the issuance of the bonds; all fiscal, legal, and trustee expenses; and all costs of the project. Such bonds may also be issued to pay off, refund, or refinance any outstanding bonds or other obligations of any nature, whether or not such bonds or other obligations are then subject to redemption; and the authority may provide for such arrangements as it may determine for the payment and security of the bonds being issued or for the payment and security of the bonds or other obligations to be paid off, refunded, or refinanced. (e) Bonds may be issued under this chapter in one or more series; may bear such date or dates; may mature at such time or times, not exceeding 40 years from their respective dates; may bear interest at such rate or rates, payable at such time or times; may be payable in such medium of payment at such place or places; may be in such denomination or denominations; may be in such form, either coupon or registered or book entry; may be issued in such specific amounts; may carry such registration, conversion, and exchangeability privileges; may be declared or become due before the maturity date thereof; may provide such call or redemption privileges; may have such rank or priority; may be the subject of a put or agreement to repurchase by the authority or others; may be resold by the authority, once acquired, without the acquisition being considered the extinguishment of the bonds; may be issued for a project or for more than one project, whether or not such project is identified at the time of bond issuance; and may contain such other terms, covenants, assignments, and conditions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. The authority may sell such bonds in such manner, at such price or prices, and on such terms and conditions as the authority determines. (f) The bonds must be signed by the chairperson or vice chairperson of the authority; the corporate seal of the authority must be impressed, imprinted, or otherwise reproduced on the bonds; and the bonds must be attested by the signature of the secretary or assistant secretary of the authority. The signatures of the officers of the authority and the seal of the authority on any bond issued by the authority may be facsimile if the instrument is authenticated or countersigned by a trustee other than the authority itself or an officer or employee of the authority. All bonds issued under

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authority of this chapter bearing signatures or facsimiles of signatures of officers of the authority in office on the date of the signing thereof are valid and binding, notwithstanding that before the delivery thereof and payment therefor such officers whose signatures appear thereon have ceased to be officers of the authority. Pending the preparation of the definitive bonds, interim certificates, in such form and with such provisions as the authority may determine, may be issued to the purchasers of bonds to be issued under this chapter. (g) The provisions of this chapter and of any bond resolution, indenture, or trust agreement entered into pursuant to this chapter are a contract with every holder of the bonds; and the duties of the authority under this chapter and under any such bond resolution, indenture, or trust agreement are enforceable by any bondholder by mandamus or other appropriate action or proceeding at law or in equity. (h) The authority may provide for the replacement of any bond which becomes mutilated, lost, or destroyed in the manner provided by the resolution, indenture, or trust agreement. (i) Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' the usury laws of this state, or any other laws of this state do not apply to bonds of the authority. (j) All bonds issued by the authority under this chapter shall be issued and shall be validated by the Superior Court of Fulton County, Georgia, under and in accordance with the procedures set forth in Code Sections 36-82-73 through 36-82-83, which comprise a portion of the 'Revenue Bond Law,' as now or hereafter in effect, except as provided in this chapter. Notes and other obligations of the authority may be, but are not required to be, so validated. (k) All bonds must bear a certificate of validation signed by the clerk of the Superior Court of Fulton County, Georgia. Such signature may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry is original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (l) The authority shall reimburse the district attorney for his or her actual costs, if any, associated with the bond validation proceedings. The fees payable to the clerk of the Superior Court of Fulton County for validation and confirmation shall be as follows for each bond, regardless of the denomination of such bond: $1.00 for each bond for the first 100 bonds; 25 for each of the next 400 bonds; and 10 for each bond over 500. (m) In lieu of specifying the rate or rates of interest which bonds to be issued by the authority are to bear, the notice to the district attorney or the Attorney General; the notice to the public of the time, place, and date of the validation hearing; and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and the petition and complaint or may state that, if the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which may be fixed or may fluctuate or otherwise change from time to time, so

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specified; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (n) Prior to issuance, all bonds shall be subject to the approval of the Georgia State Financing and Investment Commission. (o) Any other law to the contrary notwithstanding, this chapter shall govern all civil claims, proceedings, and actions respecting debt of the authority evidenced by bonds.
31-46-15. The bonds authorized by this chapter are securities in which:
(1) All public officers and bodies of this state; (2) All local governments of this state; (3) All insurance companies and associations and other persons carrying on an insurance business; (4) All banks, bankers, trust companies, saving banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; (5) All administrators, guardians, executors, trustees, and other fiduciaries; and (6) All other persons whomsoever who are authorized to invest in bonds or other obligations of this state may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are also securities which may be deposited with and shall be received by all public officers and bodies of this state and local governments for any purpose for which deposit of the bonds or other obligations of this state is authorized.
31-46-16. (a) All or any part of the gross or net revenues and earnings derived from any particular loan or loans and any and all revenues and earnings received by the authority, regardless of whether such revenues and earnings were produced by a particular loan or loans for which bonds have been issued, may be pledged by the authority to the payment of the principal of and interest on bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any indenture or trust agreement pertaining to such bonds. (b) Such funds so pledged, from whatever source received, may include funds received from one or more of all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or indenture or trust agreement, which sinking funds may be pledged to and charged with the payment of:
(1) The interest on such bonds as such interest becomes due; (2) The principal of the bonds as the same mature; (3) The necessary charges of any trustee, paying agent, or registrar for such bonds; (4) Any premium on bonds retired on call or purchase; and (5) Reimbursement of a credit enhancement provider who has paid principal of or

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premium or interest on any bond. (c) The use and disposition of any sinking fund may be subject to regulations for which provision may be made in the resolution authorizing the issuance of the bonds or in the trust instrument or indenture securing the payment of the same.
31-46-17. (a) Any issue of bonds may be secured by a trust agreement or indenture made by the authority with a corporate trustee, which may be any trust company or bank having the power of a trust company inside or outside this state. Such trust agreement or indenture may pledge or assign all revenue, receipts, and earnings to be received by the authority from any source and any proceeds which may derive from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. (b) The resolution providing for the issuance of bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver on default in the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rates, fees, and charges pertaining to any loan, any overdue principal and interest on any loan, any overdue principal of and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the authority. (c) Such resolution, trust agreement, or indenture may include covenants setting forth the duties of the authority regarding the custody, safeguarding, and application of all funds of the authority, including any proceeds derived from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. In addition, such resolution, trust agreement, or indenture may include covenants providing for the operation, maintenance, repair, and insurance of any facility or capital improvements constructed or acquired with loan proceeds. (d) All expenses incurred in carrying out any trust agreement or indenture under this Code section may be treated as a part of the cost of financing and administering the loans that will be funded or acquired with the proceeds of the bonds governed by such trust agreement or indenture.
31-46-18. (a) All moneys received pursuant to the provisions of this chapter, whether as proceeds from the sale of bonds or other obligations, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The authority shall, in the resolution providing for the issuance of bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes expressed in this chapter, subject to such regulations as this chapter and such resolution or trust indenture may provide. (b) The authority may pledge for the payment of its bonds such assets, funds, and

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properties as the resolution providing for the issuance of its bonds may provide. Any such pledge made by the authority is valid and binding from the time when the pledge is made; the moneys or properties so pledged and thereafter received by the authority are immediately subject to the lien of such pledge without any physical delivery thereof or further act; and the lien of any such pledge is valid and binding as against all parties having claims of any kind against the authority, irrespective of whether such parties have notice thereof. No resolution or any other instrument by which a pledge is created need be recorded."
SECTION 6. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by
adding a new Code Section 51-2-5.1 to read as follows: "51-2-5.1. (a) As used in this Code section, the term:
(1) 'Emergency room physician' means a physician who provides emergency health care services in a hospital emergency room and who does not have an ongoing physician-patient relationship with the emergency room patient. (2) 'Hospital' means those institutions and facilities included in paragraphs (1) and (2) of Code Section 31-7-1. (3) 'Independent contractor' means an emergency room physician who is not an employee or agent of the hospital in connection with the emergency health care services rendered to the emergency room patient. (b) A hospital shall not be liable for civil damages as a result of an act or omission by an emergency room physician who is an independent contractor of the hospital if the hospital provides notice that such emergency room physician is an independent contractor and if the emergency room physician is insured as described under subsection (f) of this Code section. The hospital shall be responsible for exercising reasonable care in granting privileges to practice in the hospital, for reviewing those privileges on a regular basis, and for taking appropriate steps to revoke or restrict privileges in appropriate circumstances. The hospital shall not be otherwise liable for the acts or omissions of an emergency room physician who is an independent contractor. (c) The notice required in subsection (b) of this Code section shall be: (1) Posted conspicuously in all admitting areas of the emergency room, consisting of a sign at least two feet high and two feet wide, with print at least two inches high; (2) Published at least annually in a newspaper of general circulation in the area; and (3) In substantially the following form:
'(Name of hospital) shall not be responsible for the actions of emergency room physicians in (name of hospitals) emergency room. The emergency room physicians are independent contractors and are not employees of the hospital.' (d) The notice required in subsection (b) of this Code section shall be sufficient if it meets the requirements of subsection (c) of this Code section, even if the patient does not receive the notice.

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(e) This Code section does not preclude liability for civil damages that are the proximate result of the hospitals independent negligence or intentional misconduct. (f) A hospital shall not be protected from liability under this Code section unless the emergency room physician who is an independent contractor has liability insurance coverage of $1 million per individual claim and $3 million aggregate, available to claimants, and the coverage is in effect and applicable to those health care services offered by the emergency room physician that the hospital is required to provide by law or by accreditation requirements. (g) The degree of care and skill required of an emergency room physician shall be that degree of care and skill ordinarily employed by the profession generally under similar conditions and like surrounding circumstances including, but not limited to, any emergency circumstances. (h) In deciding whether an emergency room physician met the standard of care and skill of his or her profession when treating a patient in an emergency room setting, a jury shall consider all relevant evidence describing what the emergency room physician faced when treating the patient. Such evidence may include, but is not limited to, the following:
(1) Whether any emergency circumstances were involved with the patients condition; (2) Whether the emergency room physician had access to the patients prior medical history; (3) Whether there was a physician-patient relationship between the emergency room physician and the patient predating the emergency care at issue; and (4) All other circumstances affecting the emergency room physicians ability to provide care in the emergency room at that time and place."
SECTION 7. Said title is further amended by striking Code Section 51-12-32, relating to right of contribution among joint trespassers, and inserting in lieu thereof the following:
"51-12-32. (a) Except as provided in Code Section 51-12-33, where a tortious act does not involve moral turpitude, contribution among several trespassers may be enforced just as if an action had been brought against them jointly. Without the necessity of being charged by action or judgment, the right of a joint trespasser to contribution from another or others shall continue unabated and shall not be lost or prejudiced by compromise and settlement of a claim or claims for injury to person or property or for wrongful death and release therefrom. (b) If a judgment is entered jointly against several trespassers and is paid off by one of them, the others shall be liable to him for contribution for their respective pro rata shares of the judgment unless the jury makes a postverdict apportionment of damages under subsection (c) of this Code section, in which case the liability of the trespassers to one another under this Code section shall be determined by the postverdict apportionment of damages.

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(c) In all cases where an action is brought jointly against several trespassers and a trier of fact returns an award of damages against more than one person and that award of damages is a joint liability among the persons liable, any person against whom the award was returned shall have the right to request that the trier of fact undertake a postverdict apportionment of damages among all persons found liable. Such a postverdict apportionment of damages shall determine the responsibility of each person held liable for the total award for purposes of contribution under this Code section. When this procedure is invoked, the trial court shall have discretion to permit the presentation of additional argument or evidence to the trier of fact on the question of apportionment of damages. (d) In all cases in which the plaintiff is himself or herself to some degree responsible for the injury or damages claimed, the trier of fact shall deny a recovery if it finds that the plaintiffs fault is greater than or equal to the aggregate fault of all defendants. Otherwise, the trier of fact shall reduce the award of compensatory damages to which the plaintiff would otherwise be entitled by the degree of the plaintiffs fault. (c)(e) Without the necessity of being charged by an action or judgment, the right of indemnity, express or implied, from another or others shall continue unabated and shall not be lost or prejudiced by compromise and settlement of a claim or claims for injury to person or property or for wrongful death and release therefrom."

SECTION 8. This Act shall become effective on July 1, 2004. Sections 1, 2, 3, 4, 6, and 7 shall apply only to causes of action arising on or after July 1, 2004.

SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

Pursuant to the adoption of the committee substitute as amended, the Meyer von Bremen, et al. floor substitute was moot.

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

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

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

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

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

On the passage of the bill, the yeas were 36, nays 17.

HB 1028, having received the requisite constitutional majority, was passed by substitute.

The following communications were received by the Secretary:

The State Senate Atlanta, Georgia 30334
I, Senator Dean, 31st District, attempted several times to vote green (yes) on HB 1028, by substitute, and the machine would not record nor would show a green light. Several members attempted to help, including Senator Williams and Senator Starr.
I register my vote "yes" on HB 1028, by substitute.
/s/ Nathan Dean Senator 31st District
The State Senate Atlanta, Georgia 30334
3-31-04
I, Carol Jackson, 50th District hereby certify that my intention was to vote yes to HB 1028 by substitute for final passage. My machine malfunctioned.
/s/ Carol Jackson

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Senator Butler of the 55th presented the Minority Report filed on March 24, 2004 as it appears in the Journal on the same date.
Senator Thomas of the 54th responded to the Minority Report.
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 1819. 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 agreed to the Senate amendment, as amended by the House, to the following Bill of the House:

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.

Mr. President:

The House insists on its position in substituting the following Bill of the Senate:

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.

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

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.

The House has disagreed to the Senate amendments to the following Bill of the House:

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. Mr. President:

The House has disagreed to the Senate amendments to the following Resolution of the House:

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.

Mr. President:

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

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

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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 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 # 3 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 Johnson of the 1st /s/ Senator Cagle of the 49th

/s/ Representative Hanner of the 133rd /s/ Representative Royal of the 140th /s/ Representative McCall of the 78th

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 237

A BILL TO BE ENTITLED AN ACT

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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 change certain provisions relating to river basin management plans; 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 amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitations on actions to contest rules, and legislative override, so as to provide an exception; to provide an effective date; 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 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 striking Article 8, relating to river basin management plans, and inserting in lieu thereof the following:
"ARTICLE 8 12-5-520. This article shall be known and may be cited as the 'Comprehensive State-wide Water Management Planning Act.'
12-5-521. 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.

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12-5-522. (a) The division shall develop and propose a comprehensive state-wide water management plan not inconsistent with this chapter and 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 a 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; (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 proposed comprehensive state-wide water management plan shall set forth state-wide water policies not inconsistent with this chapter which shall guide river basin and aquifer management plans, regional water planning efforts, and local water plans. (d) The proposed 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 this chapter and the comprehensive state-wide water management plan that has been approved or enacted by the General Assembly as provided by this article. Any political subdivision or local water authority that is not in compliance with the plan

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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.
12-5-523. (a) The division shall work in cooperation, coordination, and communication with the Water Council created by Code Section 12-5-524 and any other state, local, regional, or federal agency as appropriate to develop a comprehensive state-wide water management plan. (b) The division shall solicit extensive stakeholder involvement in the development of the proposed 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. (c) The division shall submit a draft initial comprehensive state-wide water management plan to the Water Council for review no later than July 1, 2007.
12-5-524. (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, ex officio, 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, ex officio, and one additional member of that committee to be selected by its chairperson shall each serve 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;

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(2) Provide input to the division concerning the development of a comprehensive state-wide water management plan; (3) Review, modify if necessary, and approve the final draft of the proposed comprehensive state-wide water management plan; and (4) Recommend such initial proposed plan for consideration by the General Assembly not later than the first day of the regular session of the General Assembly next occurring after such completion but not later than the first day of the 2008 regular session of the General Assembly.
12-5-525. (a)(1)(A) No comprehensive state-wide water management plan submitted by the Water Council pursuant to this article shall have any force or effect unless approved by the General Assembly by means of the adoption of a joint resolution ratifying such plan, except as otherwise provided by this subsection. Upon the loss of any such resolution, the Water Council may submit successive alternate plans to the General Assembly not later than the twentieth day of the session for approval during such session. (B) Subject to the same development process as provided by subsections (a) and (b) of Code Section 12-5-523 and review, modification if necessary, and approval by the Water Council in the same manner provided by subsection (b) of Code Section 12-5-524, the division may subsequently propose to amend or repeal a plan approved under subparagraph (A) of this paragraph; but no such proposed amendment or repeal shall become effective unless an initial version thereof is submitted to the General Assembly not later than the first day of a session and the amendment or repeal is approved by the General Assembly in the same manner as provided by subparagraph (A) of this paragraph.
(2) In lieu of approving a comprehensive state-wide water management plan in accordance with subparagraph (A) of paragraph (1) of this subsection, the General Assembly may enact a statutory comprehensive state-wide water management plan. (3) If:
(A) The General Assembly fails to approve a comprehensive state-wide water management plan in accordance with subparagraph (A) of paragraph (1) of this subsection during the session in which such a proposed plan was timely presented by the Water Council to the General Assembly for approval; and (B) A statutory comprehensive state-wide water management plan provided by an Act of the General Assembly that expressly supercedes any and all comprehensive state-wide water management plans submitted by the Water Council to the General Assembly for approval does not become law on or before July 1 next occurring after the session in which such a proposed plan was timely submitted by the Water Council to the General Assembly for approval, then the comprehensive state-wide water management plan submitted latest in time but not later than the twentieth day of the session by the Water Council to the General Assembly shall become of full force and effect without the approval of the General

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Assembly on July 1 next occurring after the session in which such proposed plan was timely presented to the General Assembly for approval. (b) If at any time after a comprehensive state-wide water management plan has become effective under subsection (a) of this Code section and between the adjournment sine die of a regular session of the General Assembly and prior to the convening date of the next regular session of the General Assembly the director finds that there is an actual or impending emergency or disaster of natural or human origin or a public health emergency within or affecting the state and that strict compliance with any provision or provisions of such plan presents an imminent peril to the public health, safety, or welfare and states in writing his or her reasons for those findings, the Water Council may approve a temporary waiver of such provision or provisions but only to the extent necessary to alleviate the peril. Such waiver shall be effective upon such approval by the Water Council and for not longer than the duration of the emergency or until the twentieth legislative day of the next regular session of the General Assembly, whichever first occurs. (c) After a comprehensive state-wide water management plan becomes effective pursuant to subsection (a) of this Code section, the division shall review such plan in its current form not later than July 1, 2010, and at least every three years thereafter, for purposes of determining whether revision of such plan is necessary or appropriate for recommendation."
SECTION 3. Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitations on actions to contest rules, and legislative override, is amended by adding a new subsection to read as follows:
"(i) This Code section shall not apply to any comprehensive state-wide water management plan or revision thereof prepared by the Environmental Protection Division of the Department of Natural Resources and proposed, adopted, amended, or repealed pursuant to Article 8 of Chapter 5 of Title 12."
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 Gillis of the 20th moved that the Senate adopt the Conference Committee Report #3 on HB 237.
On the motion, a roll call was taken, and the vote was as follows:

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

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

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

On the motion, the yeas were 53, nays 3; the motion prevailed, and the Senate adopted the Conference Committee Report # 3 on HB 237.

The Calendar was resumed.

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.

Senate Sponsor: Senator Clay of the 37th.

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

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

N 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
Price N Reed Y Seabaugh

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

On the adoption of the resolution, the yeas were 42, nays 8.

HR 1308, having received the requisite constitutional majority, was adopted.

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.

Senate Sponsor: Senator Clay of the 37th.

The Senate Judiciary Committee offered the following substitute to HB 502:

A BILL TO BE ENTITLED AN ACT

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; to change terminology; 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:

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SECTION 1. 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, is amended by striking subsection (d) and inserting in lieu thereof the following:
"(d) Terms and compensation of judges. (1) Each juvenile court judge appointed under this Code section shall serve for a term of four years. Except as otherwise provided by law, the compensation of the full-time or part-time juvenile court judges shall be set by the superior court as provided in subsection (h) of this Code section with the approval of the governing authority or governing authorities of the county or counties for which the juvenile court judge is appointed. (2) The state, out of funds appropriated to the judicial branch of government, shall contribute toward the salary of the judges on a per circuit basis in the following amounts: (A) Each circuit with one or more juvenile court judges who are not superior court judges assuming the duties of juvenile court judges shall receive a state grant funding in the amount of $85,000.00, plus any annual salary adjustments provided to state officials in the future by subsection (b) of Code Section 45-7-4 without regard to the number of superior court judges in the circuit. Such state funds shall be spent solely on salaries for juvenile court judges and shall not be used for any other purposes. (B) In addition to the base amount set out in subparagraph (A) of this paragraph, each circuit which on or after October 1, 2000 2003, has more than four superior court judges is eligible for additional state grants funds. For each superior court judge who exceeds the base of four judges, the circuit shall be eligible for an additional grant state funds in an amount equal to one-fourth of the base amount of the state grant funding set out in subparagraph (A) of this paragraph. Such additional state grants funds shall be spent solely on salaries for juvenile court judges and shall not be used for any other purposes. (C) In those circuits where the judge or judges of the superior court elect to use the state grant funds provided in this Code section for one or more part-time judges, the amount of the state grant funds shall be as follows:
(i) For each part-time judge who works one day weekly............ $ 17,000.00
(ii) For each part-time judge who works two days weekly............ 34,000.00
(iii) For each part-time judge who works three days weekly......... 51,000.00
(iv) For each part-time judge who works four days weekly .......... 68,000.00;

provided, however, that a grant funding for one or more part-time judges shall not exceed the amount the circuit is eligible for in accordance with subparagraphs (A) and (B) of this paragraph. (3) After the initial appointments and prior to any subsequent appointment or

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reappointment of any part-time or full-time juvenile court judge under this Code section, the judge or judges responsible for making the appointment shall publish notice of the opening on the juvenile court once a month for three months prior to such appointment or reappointment in the official legal organs of each of the counties in the circuit where the juvenile court judge has venue. The expense of such publication shall be paid by the county governing authority in the county where such notice or notices are published. (4) Minimum salaries for full-time juvenile court judges shall be as provided in subparagraph (A) of paragraph (2) of this subsection, plus any annual salary adjustment provided to state officials in the future by subsection (b) of Code Section 45-7-4 without regard to the number of superior court judges in the circuit. (5) Minimum salaries for part-time juvenile court judges shall be as provided in subparagraph (C) of paragraph (2) of this subsection, plus any annual salary adjustment provided to state officials in the future by subsection (b) of Code Section 45-7-4."
SECTION 2. This Act shall become effective on January 1, 2005.

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

On the adoption of the substitute, the yeas were 32, nays 0, and the committee substitute was adopted.

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

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

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Y Fort Y Gillis
Golden Y Hall
Hamrick

Y Moody Y Mullis
Price Y Reed
Seabaugh

Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

HB 502, having received the requisite constitutional majority, was passed by substitute.

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.

Senate Sponsor: Senator Clay of the 37th.

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

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

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

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

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Y Hall Y Hamrick

Reed Y Seabaugh

Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

HB 653, having received the requisite constitutional majority, was passed.

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.

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
Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis

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

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

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2387

Y Golden Y Hall Y Hamrick

Price Y Reed Y Seabaugh

Y Williams Y Zamarripa

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

HB 810, having received the requisite constitutional majority, was passed.

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 telecommunications support facilities; and for other purposes.

Senate Sponsor: Senator Johnson of the 1st.

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

February 2, 2004

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

SUBJECT: Fiscal Note House Bill 984 (LC 18 2796)

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This Bill would redefine the geographic units first established by the Georgia Business Expansion and Support Act of 1994 (BEST) as the basis for income tax credits for businesses meeting certain performance requirements. Heretofore, counties have been the areas which the Commissioner of Community Affairs measured, ranked, and classified in tiers in terms of unemployment and income. The proposal would define "areas" either as counties as presently or as census tracts adjacent to a federal military installation and marked by a 15-percent poverty rate in the most recent decennial census. The number of "areas" to be included in the first three tiers would be unchanged; however, the number in the fourth tier would be increased in reflection of the overall addition to the number of "areas". This geographic redefinition would become effective upon the Bill's becoming law and would apply to all tax-years beginning on or after January 1, 2003.
If the reaction of businesses to differing amounts of credits were unchanged, the revenue impact of this Bill would depend upon the number of new "areas" shifted to lower tiers having higher credits and the number of "areas" shifted to higher tiers having lower credits. However, the 36-month rates of unemployment and levels of per capita income for census tracts are not reported. Nor is the economic data needed to establish business reaction available for these tracts. Consequently, it is has not proved possible to foresee the induced behavior of business enterprises which would settle the effects upon the State's tax collections.
Sincerely,
/s/ Russell W. Hinton State Auditor
/s/ Timothy A. Connell, Director Office of Planning and Budget
The Senate Finance Committee offered the following substitute to HB 984:
A BILL TO BE ENTITLED AN ACT
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding the designation of counties as less developed areas for purposes of certain income tax credits; to provide for such designation with respect to portions of certain counties; to authorize the addition to the job tax credit program of areas where there is a poverty rate of 20 percent or greater in an enterprise zone, a redevelopment plan has been adopted, and the commissioner of community affairs finds pervasive poverty, underdevelopment, general distress, and blight; to provide that, in areas suffering from

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pervasive poverty, job tax credits shall be allowed to any lawful business; to remove the requirement that 30 percent of the new full-time jobs must be held by a resident of the affected area or similar area; to increase the allowable amount of tax credits that can be claimed in a tax year from 50 percent to 100 percent of the taxpayers state income tax liability; to provide for such designation with respect to tax credits for existing manufacturing and telecommunications facilities or manufacturing or telecommunications support facilities; to provide for such designation with respect to optional tax credits for existing manufacturing or telecommunications facilities or manufacturing or telecommunications support facilities; to provide for such designation with respect to tax credits for establishing or relocating headquarters; to provide for such designation with respect to tax credits for certain business enterprises for leased motor vehicles; to amend Chapter 88 of Title 36 of the Official Code of Georgia Annotated, relating to the "Enterprise Zone Employment Act of 1997," so as to update references to federal law and census data; to provide a definition; to modify and add additional criteria for enterprise zones; to provide a limit on tax exemptions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, is amended by striking Code Section 48-7-40, relating to designation of counties as less developed areas, and inserting in its place a new Code Section 48-7-40 to read as follows:
"48-7-40. (a) As used in this Code section, the term 'business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, tourism, and research and development industries. Such term shall not include retail businesses.
(b)(1) Not later than December 31 of each year, using the most current data available from the Department of Labor and the United States Department of Commerce, the commissioner of community affairs shall rank and designate as less developed areas all 159 counties in this state, or portions thereof, using a combination of the following equally weighted factors:
(A) Highest unemployment rate for the most recent 36 month period; (B) Lowest per capita income for the most recent 36 month period; and (C) Highest percentage of residents whose incomes are below the poverty level according to the most recent data available. Each county in this state shall constitute a single area for purposes of applying the factors enumerated in this paragraph, unless a county is comprised of one or more census tracts adjacent to a federal military installation where pervasive poverty is evidenced by a 15 percent poverty rate as reflected in the most recent decennial census. In such case, each such area of the county comprised of those census tracts

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shall constitute a separate area for purposes of applying the factors enumerated in this paragraph. (2) Counties or portions thereof ranked and designated as the first through seventyfirst least developed counties areas shall be classified as tier 1, counties or portions thereof ranked and designated as the seventy-second through one hundred sixth least developed counties areas shall be classified as tier 2, counties or portions thereof ranked and designated as the one hundred seventh through one hundred forty-first least developed counties areas shall be classified as tier 3, and counties the remaining counties or portions thereof shall be sequentially ranked and designated as the one hundred forty-second through one hundred fifty-ninth least developed counties and shall be classified as tier 4. (c) The commissioner of community affairs shall be authorized to include in the tier 2 designation provided for in subsection (b) of this Code section any tier 3 county area which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such county area. No designation made pursuant to this subsection shall operate to displace or remove any other county area previously designated as a tier 2 county area. (c.1) The commissioner of community affairs shall be authorized to include in the tier 1 designation provided for in subsection (b) of this Code section any tier 2 county area which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such county area. No designation made pursuant to this subsection shall operate to displace or remove any other county area previously designated as a tier 1 county area. (d) For business enterprises which plan a significant expansion in their labor forces, the commissioner of community affairs shall prescribe redesignation procedures to ensure that the business enterprises can claim credits in future years without regard to whether or not a particular county or portion thereof is reclassified in a different tier. (e) Business enterprises in counties or portions thereof designated by the commissioner of community affairs as tier 1 counties areas shall be allowed a tax credit for taxes imposed under this article equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with years two through six after the creation of such job; provided, however, that where the amount of such credit exceeds a business enterprises liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $3,500.00 for each new full-time employee job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or

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monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. Business enterprises in counties or portions thereof designated by the commissioner of community affairs as tier 2 counties areas shall be allowed a job tax credit for taxes imposed under this article equal to $2,500.00 annually, business enterprises in counties or portions thereof designated by the commissioner of community affairs as tier 3 counties areas shall be allowed a job tax credit for taxes imposed under this article equal to $1,250.00 annually, and business enterprises in counties or portions thereof designated by the commissioner of community affairs as tier 4 counties areas shall be allowed a job tax credit for taxes imposed under this article equal to $750.00 annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. In tier 1 counties areas, those business enterprises that increase employment by five or more shall be eligible for the credit. In tier 2 counties areas, only those business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties areas, only those business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties areas, only those business enterprises that increase employment by 25 or more shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county area that has the lowest average wage of any county area in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this subsection, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this subsection shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this subsection if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. Any credit received for years prior to the year in which the net employment increase falls below the number required in such tier shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier. (f) Tax credits for five years for the taxes imposed under this article shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b), (c), or (c.1) of this Code section. Additional new full-time jobs shall be determined by subtracting the highest total employment of the business enterprise during years two through six, or whatever portion of years two through six which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit.

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(g) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. The commissioner of community affairs shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification. (h) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, but in tiers 3 and 4 the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayers state income tax liability which is attributable to income derived from operations in this state for that taxable year. In tier 1 and 2 counties areas, the credit allowed under this Code section against taxes imposed under this article in any taxable year shall be limited to an amount not greater than 100 percent of the taxpayers state income tax liability attributable to income derived from operations in this state for such taxable year. (i) Notwithstanding any provision of this Code section to the contrary, in counties or portions thereof recognized and designated as the first through fortieth least developed counties areas in the tier 1 designation, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises, to any business of any nature. (j) The commissioner may require such reports, promulgate such regulations, and gather such relevant data necessary and advisable for the evaluation of the job tax credits established by this Code section."
SECTION 2. Said article is further amended by striking Code Section 48-7-40.1, relating to additional tax credits in less developed areas, and inserting in its place a new Code Section 48-740.1 to read as follows:
"48-7-40.1. (a) As used in this Code section, the term 'business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, tourism, and research and development industries. Such term shall not include retail businesses. (b) Not later than December 31 of each year, using the most current data available from the Department of Labor and the United States Department of Commerce, the commissioner of community affairs shall rank and designate as less developed areas the areas which are comprised of ten or more contiguous census tracts in this state using a combination of the following equally weighted factors:
(1) Highest unemployment rate for the most recent 36 month period; (2) Lowest per capita income for the most recent 36 month period; and (3) Highest percentage of residents whose income is below the poverty level according to the most recent data available. (c) The commissioner of community affairs also shall be authorized to include in the

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designation provided for in subsection (b) of this Code section: (1) Any area comprised of ten or more contiguous census tracts which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such area; or (2) Any area comprised of one or more census tracts adjacent to a federal military installation where pervasive poverty is evidenced by a 15 percent poverty rate as reflected in the most recent decennial census; (3) Any area comprised of one or more contiguous census tracts which, in the opinion of the commissioner of community affairs, is or will be adversely impacted by the loss of one or more jobs, businesses, or residences as a result of an airport expansion, including noise buy-outs, or the closing of a business enterprise which, in the opinion of the commissioner of community affairs, results or will result in a sudden and severe period of economic distress; or (4) Any area comprised of two or more contiguous census block groups with a poverty rate of 20 percent or greater as determined from data in the most current United States decennial census, where the area is also included within a state enterprise zone pursuant to Chapter 88 of Title 36, where a redevelopment plan has been adopted pursuant to Chapter 61 of Title 36, and which, in the opinion of the commissioner of community affairs, displays pervasive poverty, underdevelopment, general distress, and blight.
No designation made pursuant to this subsection shall operate to displace or remove any other area previously designated as a less developed area. Notwithstanding any provision of this Code section to the contrary, in areas designated as suffering from pervasive poverty under this paragraph, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises, to any lawful business. (d) For business enterprises which plan a significant expansion in their labor forces, the commissioner of community affairs shall prescribe redesignation procedures to ensure that the business enterprises can claim credits in future years without regard to whether or not a particular area is removed from the list of less developed areas. (e) Business enterprises in areas designated by the commissioner of community affairs as less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with years two through six after the creation of such job; provided, however, that where the amount of such credit exceeds a business enterprises liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $3,500.00 for each new full-time employee job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the

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credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those business enterprises that increase employment by five or more in a less developed area shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this subsection, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this subsection shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this subsection if such employer does not pay for all or any part of health insurance coverage for other employees. In addition, not less than 30 percent of such new fulltime jobs must be held by a resident of the less developed area for which the credit is sought or another such designated less developed area. Credit shall not be allowed during a year if the net employment increase falls below five. Any credit received for years prior to the year in which the net employment increase falls below five shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of five. (f) Tax credits for five years for the taxes imposed under this article shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b) or (c) of this Code section. Additional new full-time jobs shall be determined by subtracting the highest total employment of the business enterprise during years two through six, or whatever portion of years two through six which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit. (g) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. The commissioner of community affairs shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification. (h) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, but the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 100 percent of the taxpayers state income tax liability which is attributable to income derived from operations in this state for that taxable year."

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SECTION 3. Said article is further amended by striking subsection (b) of Code Section 48-7-40.2, relating to tax credits for existing manufacturing and telecommunications facilities or manufacturing or telecommunications support facilities in tier 1 counties, and inserting in its place a new subsection (b) to read as follows:
"(b) In the case of a taxpayer which has operated for the immediately preceding three years an existing manufacturing or telecommunications facility or manufacturing or telecommunications support facility in this state in a tier 1 county area designated pursuant to Code Section 48-7-40, there shall be allowed a credit against the tax imposed under this article in an amount equal to 5 percent of the cost of all qualified investment property purchased or acquired by the taxpayer in such year, subject to the conditions and limitations set forth in this Code section. In the event such qualified investment property purchased or acquired by the taxpayer in such year consists of recycling machinery or equipment, a recycling manufacturing facility, pollution control or prevention machinery or equipment, a pollution control or prevention facility, or the conversion from defense to domestic production, the amount of such credit shall be equal to 8 percent."
SECTION 4. Said article is further amended by striking subsection (b) of Code Section 48-7-40.3, relating to tax credits for existing manufacturing and telecommunications facilities or manufacturing or telecommunications support facilities in tier 2 counties, and inserting in its place a new subsection (b) to read as follows:
"(b) In the case of a taxpayer which has operated for the immediately preceding three years an existing manufacturing or telecommunications facility or manufacturing or telecommunications support facility in this state in a tier 2 county area designated pursuant to Code Section 48-7-40, there shall be allowed a credit against the tax imposed under this article in an amount equal to 3 percent of the cost of all qualified investment property purchased or acquired by the taxpayer in such year, subject to the conditions and limitations set forth in this Code section. In the event such qualified investment property purchased or acquired by the taxpayer in such year consists of recycling machinery or equipment, a recycling manufacturing facility, pollution control or prevention machinery or equipment, a pollution control or prevention facility, or the conversion from defense to domestic production, the amount of such credit shall be equal to 5 percent."
SECTION 5. Said article is further amended by striking subsection (b) of Code Section 48-7-40.4, relating to tax credits for existing manufacturing and telecommunications facilities or manufacturing or telecommunications support facilities in tier 3 or 4 counties, and inserting in its place a new subsection (b) to read as follows:
"(b) In the case of a taxpayer which has operated for the immediately preceding three

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years an existing manufacturing or telecommunications facility or manufacturing or telecommunications support facility in this state in a tier 3 or a tier 4 county area designated pursuant to Code Section 48-7-40, there shall be allowed a credit against the tax imposed under this article in an amount equal to 1 percent of the cost of all qualified investment property purchased or acquired by the taxpayer in such year, subject to the conditions and limitations set forth in this Code section. In the event such qualified investment property purchased or acquired by the taxpayer in such year consists of recycling machinery or equipment, a recycling manufacturing facility, pollution control or prevention machinery or equipment, a pollution control or prevention facility, or the conversion from defense to domestic production, the amount of such credit shall be equal to 3 percent."
SECTION 6. Said article is further amended by striking subsection (b) of Code Section 48-7-40.7, relating to optional tax credits for existing manufacturing or telecommunications facilities or manufacturing or telecommunications support facilities in tier 1 counties, and inserting in its place a new subsection (b) to read as follows:
"(b) In the case of a taxpayer which has operated for the immediately preceding three years an existing manufacturing or telecommunications facility or manufacturing or telecommunications support facility and which first places in service during a taxable year qualified investment property in this state in a tier 1 county area designated pursuant to Code Section 48-7-40, there shall be allowed an optional credit against the tax imposed under this article for the ensuing ten taxable years following the taxable year the qualified investment property was first placed in service, provided that such qualified investment property remains in service. Such optional credit shall be at the irrevocable election of the taxpayer and shall be in lieu of the credit under Code Section 48-7-40.2. No taxpayer who claims the credit under Code Section 48-7-40.2 for any taxable year for a given project shall be eligible to receive the credit under this Code section with respect to the same project for any taxable year. The aggregate amount of the credit allowed under this Code section shall equal 10 percent of the cost of all qualified investment property purchased or acquired by the taxpayer and first placed in service during a taxable year. The annual amount of such credit shall be computed as follows:
(1) The taxable year in which such qualified investment property is first placed in service shall be the base year for purposes of calculating the credit provided for by this Code section; (2) The amount of tax owed by the taxpayer for the base year and for each of the two immediately preceding taxable years shall be determined without regard to any credits and shall be added together and divided by three. The resulting figure shall be the base year average; and (3) The credit available to the taxpayer to apply against the tax liability of any year following the base year but no later than the tenth year shall be the lesser of the following amounts:

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(A) Ninety percent of the excess of the tax of the applicable year determined without regard to any credits over the base year average; or (B) The excess of the aggregate amount of the credit allowed for the qualified investment property over the sum of the amounts of credit already used in the years following the base year."
SECTION 7. Said article is further amended by striking subsection (b) of Code Section 48-7-40.8, relating to optional tax credits for existing manufacturing or telecommunications facilities or manufacturing or telecommunications support facilities in tier 2 counties, and inserting in its place a new subsection (b) to read as follows:
"(b) In the case of a taxpayer which has operated for the immediately preceding three years an existing manufacturing or telecommunications facility or manufacturing or telecommunications support facility and which first places in service during a taxable year qualified investment property in this state in a tier 2 county area designated pursuant to Code Section 48-7-40, there shall be allowed an optional credit against the tax imposed under this article for the ensuing ten taxable years following the taxable year the qualified investment property was first placed in service, provided that such qualified investment property remains in service. Such optional credit shall be at the irrevocable election of the taxpayer and shall be in lieu of the credit under Code Section 48-7-40.3. No taxpayer who claims the credit under Code Section 48-7-40.3 for any taxable year for a given project shall be eligible to receive the credit under this Code section with respect to the same project for any taxable year. The aggregate amount of the credit allowed under this Code section shall equal 8 percent of the cost of all qualified investment property purchased or acquired by the taxpayer and first placed in service during a taxable year. The annual amount of such credit shall be computed as follows:
(1) The taxable year in which such qualified investment property is first placed in service shall be the base year for purposes of calculating the credit provided for by this Code section; (2) The amount of tax owed by the taxpayer for the base year and for each of the two immediately preceding taxable years shall be determined without regard to any credits and shall be added together and divided by three. The resulting figure shall be the base year average; and (3) The credit available to the taxpayer to apply against the tax liability of any year following the base year but no later than the tenth year shall be the lesser of the following amounts:
(A) Ninety percent of the excess of the tax of the applicable year determined without regard to any credits over the base year average; or (B) The excess of the aggregate amount of the credit allowed for the qualified investment property over the sum of the amounts of credit already used in the years following the base year."

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SECTION 8. Said article is further amended by striking subsection (b) of Code Section 48-7-40.9, relating to optional tax credits for existing manufacturing or telecommunications facilities or manufacturing or telecommunications support facilities in tier 3 or 4 counties, and inserting in its place a new subsection (b) to read as follows:
"(b) In the case of a taxpayer which has operated for the immediately preceding three years an existing manufacturing or telecommunications facility or manufacturing or telecommunications support facility and which first places in service during a taxable year qualified investment property in this state in a tier 3 or a tier 4 county area designated pursuant to Code Section 48-7-40, there shall be allowed an optional credit against the tax imposed under this article for the ensuing ten taxable years following the taxable year the qualified investment property was first placed in service, provided that such qualified investment property remains in service. Such optional credit shall be at the irrevocable election of the taxpayer and shall be in lieu of the credit under Code Section 48-7-40.4. No taxpayer who claims the credit under Code Section 48-7-40.4 for any taxable year for a given project shall be eligible to receive the credit under this Code section with respect to the same project for any taxable year. The aggregate amount of the credit allowed under this Code section shall equal 6 percent of the cost of all qualified investment property purchased or acquired by the taxpayer and first placed in service during a taxable year. The annual amount of such credit shall be computed as follows:
(1) The taxable year in which such qualified investment property is first placed in service shall be the base year for purposes of calculating the credit provided for by this Code section; (2) The amount of tax owed by the taxpayer for the base year and for each of the two immediately preceding taxable years shall be determined without regard to any credits and shall be added together and divided by three. The resulting figure shall be the base year average; and (3) The credit available to the taxpayer to apply against the tax liability of any year following the base year but no later than the tenth year shall be the lesser of the following amounts:
(A) Ninety percent of the excess of the tax of the applicable year determined without regard to any credits over the base year average; or (B) The excess of the aggregate amount of the credit allowed for the qualified investment property over the sum of the amounts of credit already used in the years following the base year."
SECTION 9. Said article is further amended by striking paragraph (2) of subsection (a) of Code Section 48-7-40.17, relating to tax credits for establishing or relocating headquarters, and inserting in its place a new paragraph (2) to read as follows:
"(2) 'Full-time job' means employment for an individual which: (A) Is located at a headquarters;

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(B) Has a regular work week of 30 hours or more; (C) Pays at or above:
(i) In tier 1 counties areas, the average wage of the county area in which it is located; (ii) In tier 2 counties areas, 105 percent of the average wage of the county area in which it is located; (iii) In tier 3 counties areas, 110 percent of the average wage of the county area in which it is located; and (iv) In tier 4 counties areas, 115 percent of the average wage of the county area in which it is located; and (D) Has no predetermined end date."

SECTION 10.

Said article is further amended by striking subsection (b) of Code Section 48-7-40.22,

relating to tax credits for business enterprises for leased motor vehicles, and inserting in

its place a new subsection (b) to read as follows:

"(b) A business enterprise which is located in a tier 1 or tier 2 county area which

purchases or leases a new motor vehicle as defined in paragraph (34) of Code Section

40-1-1 in this state which is used for the exclusive purpose of providing transportation

for its employees shall be allowed a credit for taxes imposed under this article as

follows:

Tier

Credit amount per vehicle

1 ........................................................................................................ $ 3,000.00

2 ........................................................................................................... 2,000.00"

SECTION 11. Chapter 88 of Title 36 of the Official Code of Georgia Annotated, relating to the "Enterprise Zone Employment Act of 1997," is amended by striking subparagraph (E) of paragraph (6) of Code Section 36-88-3, relating to definitions, and inserting in lieu thereof a new subparagraph (E) to read as follows:
"(E) A participant in the Job Training Partnership Workforce Investment Act or who has participated in the Job Training Partnership Workforce Investment Act at any time during the 18 months previous to the date of hire;".
SECTION 12. Said chapter is further amended by adding a new paragraph (10) to Code Section 36-883, relating to definitions, to read as follows:
"(10) 'Urban redevelopment plan' means a plan prepared and adopted pursuant to the requirements of Chapter 61 of this title."
SECTION 13.

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Said chapter is further amended by striking Code Section 36-88-6, relating to criteria for an enterprise zone, and inserting in lieu thereof a new Code Section 36-88-6 to read as follows: "36-88-6. (a) In order to be designated as an enterprise zone, a nominated area shall meet either at least three of the four five criteria specified in subsections (b), (c), (d), (e), and (e) (f) of this Code section or the criterion specified in subsection (g) of this Code section. In determining whether an area suffers from poverty, unemployment, or general distress, the governing body shall use data from the most current United States decennial census and from other information published by the Federal Bureau of the Census, the Federal Bureau of Labor Statistics, and the Georgia Department of Labor. In determining whether an area suffers from underdevelopment, the governing body shall use the data specified in subsection (e) of this Code section. The data shall be comparable in point or period of time and methodology employed. (b) Pervasive poverty shall be evidenced by showing that poverty is widespread throughout the nominated area and shall be established by using the following criteria:
(1) The poverty rate shall be determined from the data in Table P121 contained in Census of Population and Housing, 1990: Summary Tape File 3A, on CD-ROM (Georgia), the most current United States decennial census prepared by the U.S. Bureau of Census (1992); (2) For each census geographic block group within the nominated area, the ratio of income to poverty level for at least 20 percent of the residents shall be less than 1.0; (3) In at least 50 percent of the census geographic block groups within the nominated area, the ratio of income to poverty level for at least 30 percent of the residents shall be less than 1.0; (4)(3) Census geographic block groups with no population shall be treated as having a poverty rate which meets the standards of paragraph (2) of this subsection but shall be treated as having a zero poverty rate for the purpose of applying paragraph (3) of this subsection; and (5)(4) All parcels of a nominated area must abut and may not contain a noncontiguous parcel, unless such nonabutting parcel qualifies separately under the criteria set forth under paragraphs paragraph (2) and (3) of this subsection. (c) Unemployment shall be evidenced by the use of data published by the Office of Labor Information Systems of the Georgia Department of Labor indicating that the average rate of unemployment for the nominated area for the preceding calendar year is at least 10 percent higher than the state average rate of unemployment or by evidence of adverse economic conditions brought about by significant job dislocation within the nominated area such as the closing of a manufacturing plant or federal facility. (d) General distress shall be evidenced by adverse conditions within the nominated area other than those of pervasive poverty and unemployment. Examples of such adverse conditions include, but are not limited to, a high incidence of crime, abandoned or dilapidated structures, deteriorated infrastructure, and substantial population decline. (e) Underdevelopment shall be evidenced by data indicating development activities, or

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lack thereof, through land disturbance permits, business license fees, building permits, development fees, or other similar data indicating that the level of development in the nominated area is at least 20 percent lower than development activity within the local governing bodys jurisdiction. (f) General blight within the nominated area shall be evidenced by the inclusion of any portion of the nominated area in an urban redevelopment area as defined by paragraph (20) of Code Section 36-61-2 for which an urban redevelopment plan has been adopted by the affected governing bodies according to the requirements of Chapter 61 of this title. (g) Notwithstanding any other provision of subsections (a) through (f) of this Code section, a nominated area may be designated as an enterprise zone if it is located within a county designated as a tier 1 county under the job tax credit program as provided for in Code Section 48-7-40."
SECTION 14. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 36-88-8, relating to tax exemptions, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(a)(1) The governing body of a local government or governments creating an enterprise zone shall include in the creating ordinance a provision to exempt qualifying business and service enterprises from state, county, and municipal ad valorem taxes that would otherwise be levied on the qualifying business and service enterprises in accordance with not to exceed the following schedule:
(A) One hundred percent of the property taxes shall be exempt for the first five years; (B) Eighty percent of the property taxes shall be exempt for the next two years; (C) Sixty percent of the property taxes shall be exempt for the next year; (D) Forty percent of the property taxes shall be exempt for the next year; and (E) Twenty percent of the property taxes shall be exempt for the last year."
SECTION 15. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and apply to all taxable years beginning on or after January 1, 2004.
SECTION 16. All laws and parts of laws in conflict with this Act are repealed.
Senators Thompson of the 33rd, Tanksley of the 32nd, Tate of the 38th and Clay of the 37th offered the following amendment # 1:
Amend the Senate Finance Committee substitute to HB 984 (LC 18 3583S)by inserting between "exemptions;" and "to provide an" on line 23 of page 1 the following:

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"to amend Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to authority of local governments to adopt regulations imposing monthly '911' charges;"
By inserting immediately following line 29 of page 15 the following:
"SECTION 14A. Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to authority of local governments to adopt regulations imposing monthly '911' charges, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
'(a)(1) The subscriber of an exchange access facility may be billed for the monthly "911" charge, if any, imposed with respect to that facility by the service supplier. Such "911" charge may not exceed $1.50 $2.00 per month per exchange access facility provided to the telephone subscriber. All exchange access facilities billed to federal, state, or local governments shall be exempt from the "911" charge. Each service supplier shall, on behalf of the local government, collect the "911" charge from those telephone subscribers to whom it provides exchange telephone service in the area served by the emergency "911" system. As part of its normal billing process, the service supplier shall collect the "911" charge for each month an exchange access facility is in service, and it shall list the "911" charge as a separate entry on each bill. If a service supplier receives a partial payment for a bill from a telephone subscriber, the service supplier shall apply the payment against the amount the telephone subscriber owes the service supplier first.
(2)(A) If the governing authority of a local government operates or contracts for the operation of an emergency "911" system which is capable of providing or provides automatic number identification of a wireless telecommunications connection and the location of the base station or cell site which receives a "911" call from a wireless telecommunications connection, the subscriber of a wireless telecommunications connection whose billing address is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency "911" system may be billed for the monthly wireless enhanced "911" charge, if any, imposed with respect to that connection by the wireless service supplier. Such wireless enhanced "911" charge may not exceed the amount of the monthly "911" charge imposed upon subscribers of exchange access facilities pursuant to paragraph (1) of this subsection and, in no event, shall such wireless enhanced "911" charge exceed $1.00 $1.50 per month per wireless telecommunications connection provided to the telephone subscriber. (B) On and after October 1, 2001, if the governing authority of a local government operates or contracts for the operation of an emergency "911" system which is capable of providing or provides automatic number identification and automatic location identification of a wireless telecommunications connection, the subscriber of a wireless telecommunications connection whose billing address is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency "911" system may be

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billed for the monthly wireless enhanced "911" charge, if any, imposed with respect to that connection by the wireless service supplier. Such wireless enhanced "911" charge may not exceed the amount of the monthly "911" charge imposed upon subscribers of exchange access facilities pursuant to paragraph (1) of this subsection and shall be imposed on a monthly basis for each wireless telecommunications connection provided to the telephone subscriber. (C) All wireless telecommunications connections billed to federal, state, or local governments shall be exempt from the wireless enhanced "911" charge. Each wireless service supplier shall, on behalf of the local government, collect the wireless enhanced "911" charge from those telephone subscribers whose billing address is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency "911" system. As part of its normal billing process, the wireless service supplier shall collect the wireless enhanced "911" charge for each month a wireless telecommunications connection is in service, and it shall list the wireless enhanced "911" charge as a separate entry on each bill. If a wireless service supplier receives partial payment for a bill from a telephone subscriber, the wireless service supplier shall apply the payment against the amount the telephone subscriber owes the wireless service supplier first. (D) Notwithstanding the foregoing, the application of any "911" service charge with respect to a mobile telecommunications service, as defined in 4 U.S.C. Section 124(7), shall be governed by the provisions of Code Section 48-8-6.'"
On the adoption of the amendment, the yeas were 0, nays 35, and the Thompson, et al. amendment # 1 was lost.
On the adoption of the substitute, the yeas were 0, nays 38, and the committee substitute was lost.
Senators Johnson of the 1st and Tolleson of the 18th offered the following substitute to HB 984:
A BILL TO BE ENTITLED AN ACT
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding the designation of counties as less developed areas for purposes of certain income tax credits; to authorize the addition to the job tax credit program of areas where there is a poverty rate of 20 percent or greater in an enterprise zone, a redevelopment plan has been adopted, and the commissioner of community affairs finds pervasive poverty, underdevelopment, general distress, and blight; to provide that, in areas suffering from pervasive poverty, job tax credits shall be allowed to any lawful

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business; to remove the requirement that 30 percent of the new full-time jobs must be held by a resident of the affected area or similar area; to increase the allowable amount of tax credits that can be claimed in a tax year from 50 percent to 100 percent of the taxpayers state income tax liability; to amend Chapter 88 of Title 36 of the Official Code of Georgia Annotated, relating to the "Enterprise Zone Employment Act of 1997," so as to update references to federal law and census data; to provide a definition; to modify and add additional criteria for enterprise zones; to provide a limit on certain tax exemptions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, is amended by striking Code Section 48-7-40.1, relating to additional tax credits in less developed areas, and inserting in its place a new Code Section 48-7-40.1 to read as follows:
"48-7-40.1. (a) As used in this Code section, the term 'business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, tourism, and research and development industries. Such term shall not include retail businesses. (b) Not later than December 31 of each year, using the most current data available from the Department of Labor and the United States Department of Commerce, the commissioner of community affairs shall rank and designate as less developed areas the areas which are comprised of ten or more contiguous census tracts in this state using a combination of the following equally weighted factors:
(1) Highest unemployment rate for the most recent 36 month period; (2) Lowest per capita income for the most recent 36 month period; and (3) Highest percentage of residents whose income is below the poverty level according to the most recent data available. (c) The commissioner of community affairs also shall be authorized to include in the designation provided for in subsection (b) of this Code section: (1) Any area comprised of ten or more contiguous census tracts which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such area; or (2) Any area comprised of one or more census tracts adjacent to a federal military installation where pervasive poverty is evidenced by a 15 percent poverty rate or greater as reflected in the most recent decennial census; (3) Any area comprised of one or more contiguous census tracts which, in the opinion of the commissioner of community affairs, is or will be adversely impacted by the loss of one or more jobs, businesses, or residences as a result of an airport expansion,

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including noise buy-outs, or the closing of a business enterprise which, in the opinion of the commissioner of community affairs, results or will result in a sudden and severe period of economic distress; or (4) Any area comprised of two or more contiguous census block groups with a poverty rate of 20 percent or greater as determined from data in the most current United States decennial census, where the area is also included within a state enterprise zone pursuant to Chapter 88 of Title 36, where a redevelopment plan has been adopted pursuant to Chapter 61 of Title 36, and which, in the opinion of the commissioner of community affairs, displays pervasive poverty, underdevelopment, general distress, and blight. No designation made pursuant to this subsection shall operate to displace or remove any other area previously designated as a less developed area. Notwithstanding any provision of this Code section to the contrary, in areas designated as suffering from pervasive poverty under this paragraph, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises, to any lawful business. (d) For business enterprises which plan a significant expansion in their labor forces, the commissioner of community affairs shall prescribe redesignation procedures to ensure that the business enterprises can claim credits in future years without regard to whether or not a particular area is removed from the list of less developed areas. (e) Business enterprises in areas designated by the commissioner of community affairs as less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with years two through six after the creation of such job; provided, however, that where the amount of such credit exceeds a business enterprises liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $3,500.00 for each new full-time employee job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those business enterprises that increase employment by five or more in a less developed area shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this

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subsection, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this subsection shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this subsection if such employer does not pay for all or any part of health insurance coverage for other employees. In addition, not less than 30 percent of such new fulltime jobs must be held by a resident of the less developed area for which the credit is sought or another such designated less developed area. Credit shall not be allowed during a year if the net employment increase falls below five. Any credit received for years prior to the year in which the net employment increase falls below five shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of five. (f) Tax credits for five years for the taxes imposed under this article shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b) or (c) of this Code section. Additional new full-time jobs shall be determined by subtracting the highest total employment of the business enterprise during years two through six, or whatever portion of years two through six which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit. (g) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. The commissioner of community affairs shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification. (h) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, but the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 100 percent of the taxpayers state income tax liability which is attributable to income derived from operations in this state for that taxable year."
SECTION 2. Chapter 88 of Title 36 of the Official Code of Georgia Annotated, relating to the "Enterprise Zone Employment Act of 1997," is amended by striking subparagraph (E) of paragraph (6) of Code Section 36-88-3, relating to definitions, and inserting in lieu thereof a new subparagraph (E) to read as follows:
"(E) A participant in the Job Training Partnership Workforce Investment Act or who has participated in the Job Training Partnership Workforce Investment Act at any time during the 18 months previous to the date of hire;".
SECTION 3.

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Said chapter is further amended by adding a new paragraph (10) to Code Section 36-883, relating to definitions, to read as follows:
"(10) 'Urban redevelopment plan' means a plan prepared and adopted pursuant to the requirements of Chapter 61 of this title."
SECTION 4. Said chapter is further amended by striking Code Section 36-88-6, relating to criteria for an enterprise zone, and inserting in lieu thereof a new Code Section 36-88-6 to read as follows:
"36-88-6. (a) In order to be designated as an enterprise zone, a nominated area shall meet either at least three of the four five criteria specified in subsections (b), (c), (d), (e), and (e) (f) of this Code section or the criterion specified in subsection (g) of this Code section. In determining whether an area suffers from poverty, unemployment, or general distress, the governing body shall use data from the most current United States decennial census and from other information published by the Federal Bureau of the Census, the Federal Bureau of Labor Statistics, and the Georgia Department of Labor. In determining whether an area suffers from underdevelopment, the governing body shall use the data specified in subsection (e) of this Code section. The data shall be comparable in point or period of time and methodology employed. (b) Pervasive poverty shall be evidenced by showing that poverty is widespread throughout the nominated area and shall be established by using the following criteria:
(1) The poverty rate shall be determined from the data in Table P121 contained in Census of Population and Housing, 1990: Summary Tape File 3A, on CD-ROM (Georgia), the most current United States decennial census prepared by the U.S. Bureau of Census (1992); (2) For each census geographic block group within the nominated area, the ratio of income to poverty level for at least 20 percent of the residents shall be less than 1.0; (3) In at least 50 percent of the census geographic block groups within the nominated area, the ratio of income to poverty level for at least 30 percent of the residents shall be less than 1.0; (4)(3) Census geographic block groups with no population shall be treated as having a poverty rate which meets the standards of paragraph (2) of this subsection but shall be treated as having a zero poverty rate for the purpose of applying paragraph (3) of this subsection; and (5)(4) All parcels of a nominated area must abut and may not contain a noncontiguous parcel, unless such nonabutting parcel qualifies separately under the criteria set forth under paragraphs paragraph (2) and (3) of this subsection. (c) Unemployment shall be evidenced by the use of data published by the Office of Labor Information Systems of the Georgia Department of Labor indicating that the average rate of unemployment for the nominated area for the preceding calendar year is at least 10 percent higher than the state average rate of unemployment or by evidence of adverse economic conditions brought about by significant job dislocation within the

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nominated area such as the closing of a manufacturing plant or federal facility. (d) General distress shall be evidenced by adverse conditions within the nominated area other than those of pervasive poverty and unemployment. Examples of such adverse conditions include, but are not limited to, a high incidence of crime, abandoned or dilapidated structures, deteriorated infrastructure, and substantial population decline. (e) Underdevelopment shall be evidenced by data indicating development activities, or lack thereof, through land disturbance permits, business license fees, building permits, development fees, or other similar data indicating that the level of development in the nominated area is at least 20 percent lower than development activity within the local governing bodys jurisdiction. (f) General blight within the nominated area shall be evidenced by the inclusion of any portion of the nominated area in an urban redevelopment area as defined by paragraph (20) of Code Section 36-61-2 for which an urban redevelopment plan has been adopted by the affected governing bodies according to the requirements of Chapter 61 of this title. (g) Notwithstanding any other provision of subsections (a) through (f) of this Code section, a nominated area may be designated as an enterprise zone if it is located within a county designated as a tier 1 county under the job tax credit program as provided for in Code Section 48-7-40."
SECTION 5. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 36-88-8, relating to tax exemptions, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(a)(1) The governing body of a local government or governments creating an enterprise zone shall include in the creating ordinance a provision to exempt qualifying business and service enterprises from state, county, and municipal ad valorem taxes that would otherwise be levied on the qualifying business and service enterprises in accordance with not to exceed the following schedule:
(A) One hundred percent of the property taxes shall be exempt for the first five years; (B) Eighty percent of the property taxes shall be exempt for the next two years; (C) Sixty percent of the property taxes shall be exempt for the next year; (D) Forty percent of the property taxes shall be exempt for the next year; and (E) Twenty percent of the property taxes shall be exempt for the last year."
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and apply to all taxable years beginning on or after January 1, 2004.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

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Senators Thompson of the 33rd, Tanksley of the 32nd, Tate of the 38th and Clay of the 37th offered the following amendment # 1 to the floor substitute:
Amend the floor substitute to HB 984 (LC 18 3593S) by inserting between "exemptions;" and "to provide an" on line 15 of page 1 the following:
"to amend Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to authority of local governments to adopt regulations imposing monthly '911' charges;"
By inserting immediately following line 33 of page 6 the following:
"SECTION 5A. Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to authority of local governments to adopt regulations imposing monthly '911' charges, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
'(a)(1) The subscriber of an exchange access facility may be billed for the monthly "911" charge, if any, imposed with respect to that facility by the service supplier. Such "911" charge may not exceed $1.50 $2.00 per month per exchange access facility provided to the telephone subscriber. All exchange access facilities billed to federal, state, or local governments shall be exempt from the "911" charge. Each service supplier shall, on behalf of the local government, collect the "911" charge from those telephone subscribers to whom it provides exchange telephone service in the area served by the emergency "911" system. As part of its normal billing process, the service supplier shall collect the "911" charge for each month an exchange access facility is in service, and it shall list the "911" charge as a separate entry on each bill. If a service supplier receives a partial payment for a bill from a telephone subscriber, the service supplier shall apply the payment against the amount the telephone subscriber owes the service supplier first.
(2)(A) If the governing authority of a local government operates or contracts for the operation of an emergency "911" system which is capable of providing or provides automatic number identification of a wireless telecommunications connection and the location of the base station or cell site which receives a "911" call from a wireless telecommunications connection, the subscriber of a wireless telecommunications connection whose billing address is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency "911" system may be billed for the monthly wireless enhanced "911" charge, if any, imposed with respect to that connection by the wireless service supplier. Such wireless enhanced "911" charge may not exceed the amount of the monthly "911" charge imposed upon subscribers of exchange access facilities pursuant to paragraph (1) of this subsection and, in no event, shall such wireless enhanced "911" charge exceed $1.00 $1.50 per month per wireless telecommunications connection provided to the telephone subscriber. (B) On and after October 1, 2001, if the governing authority of a local government operates or contracts for the operation of an emergency "911" system which is

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capable of providing or provides automatic number identification and automatic location identification of a wireless telecommunications connection, the subscriber of a wireless telecommunications connection whose billing address is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency "911" system may be billed for the monthly wireless enhanced "911" charge, if any, imposed with respect to that connection by the wireless service supplier. Such wireless enhanced "911" charge may not exceed the amount of the monthly "911" charge imposed upon subscribers of exchange access facilities pursuant to paragraph (1) of this subsection and shall be imposed on a monthly basis for each wireless telecommunications connection provided to the telephone subscriber. (C) All wireless telecommunications connections billed to federal, state, or local governments shall be exempt from the wireless enhanced "911" charge. Each wireless service supplier shall, on behalf of the local government, collect the wireless enhanced "911" charge from those telephone subscribers whose billing address is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency "911" system. As part of its normal billing process, the wireless service supplier shall collect the wireless enhanced "911" charge for each month a wireless telecommunications connection is in service, and it shall list the wireless enhanced "911" charge as a separate entry on each bill. If a wireless service supplier receives partial payment for a bill from a telephone subscriber, the wireless service supplier shall apply the payment against the amount the telephone subscriber owes the wireless service supplier first. (D) Notwithstanding the foregoing, the application of any "911" service charge with respect to a mobile telecommunications service, as defined in 4 U.S.C. Section 124(7), shall be governed by the provisions of Code Section 48-8-6.'"
On the adoption of the amendment, the yeas were 38, nays 0, and the Thompson, et al. amendment was adopted.
On the adoption of the substitute, the yeas were 42, nays 0, and the Johnson, Tolleson substitute was adopted as amended.
Pursuant to Senate Rule 143, action on HB 984 was suspended, and HB 984 was placed on the Senate General Calendar.
Senator Johnson of the 1st, President Pro Tempore, assumed the Chair.
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

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to professions and businesses, so as to create the State Licensing Board for Residential and General Contractors; and for other purposes.
Senate Sponsor: Senator Seabaugh of the 28th.
The Senate Regulated Industries and Utilities Committee offered the following substitute to HB 1003:
A BILL TO BE ENTITLED AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the State Licensing Board for Residential and General Contractors; to define certain terms; to provide for the composition, powers, and duties of the board; to provide for the licensing of residential and general contractors; to provide for fees and an examination; to provide for the revocation of licenses; to provide for the renewal of licenses; to provide penalties for engaging in residential or general contracting without a valid license; to provide for exceptions; to provide for 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. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new Chapter 41 to read as follows:
"CHAPTER 41
43-41-1. It is the intent of the General Assembly, in the interest of public health, safety, and welfare, to safeguard homeowners, other property owners, tenants, and the general public against faulty, inadequate, inefficient, and unsafe residential and general contractors. The practice of residential and general contracting is declared to be a business or profession affecting the public interest and this chapter shall be liberally construed so as to accomplish the intent and purposes stated in this Code section.
43-41-2. As used in this chapter, the term:
(1) 'Board' means the State Licensing Board for Residential and General Contractors. (2) 'Business organization' means any partnership, corporation, limited liability entity, business trust, joint venture, or other legal entity, other than an individual person, doing business or seeking, offering, or contracting to do business as a contractor or otherwise performing or acting as a contractor as defined in this Code section.

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(3) 'Contracting' means performing or causing to be performed any of the activities set forth in paragraphs (4), (5), (9), (10), and (11) of this Code section which define the types of contractors. The offering of contracting services and the negotiation of or bid or proposal for engagement or a contract requiring performance of these services also constitutes contracting. (4) 'Contractor,' except as specifically exempted by this chapter, means a person who is qualified under this chapter and who, for compensation, contracts to, offers to undertake or undertakes to, submits a bid or a proposal to, or personally or by others performs the construction or the management of the construction of improvements to real property for an owner, including the construction or improvement of, addition to, or the repair, alteration, remodeling, or demolition of any building, bridge, or other structure, including related improvements to the real property, for use by the owner or by others or for resale to others. The term 'contractor' for purposes of this chapter shall include a person who contracts to, undertakes to, or submits a bid or proposal to perform, or otherwise does himself or herself perform, for an owner:
(A) Construction management services relative to the performance by others of such construction activities where the person performing such construction management services is at risk contractually to the owner for the performance and cost of the construction; and (B) Services of a contractor as part of performance of design-build services, whether as a prime contractor, joint venture partner, or as a subcontractor to a design professional acting as prime contractor as part of a design-build entity or combination. Both residential and general contractors, in addition to contractors licensed under Chapter 14 of this title to perform such work or any component thereof, shall be permitted to construct storm-water management systems comprising any storm-water conveyance or storm-water detention facility that moves storm or surface water from a specific point on a wholly contained construction project site to another specific point on the same project site and which are wholly contained within the project site and are not part of or connected to any public or private water treatment system, waste-water treatment system, or storm-water system. (5) 'General contractor' means a contractor whose services are unlimited as to the type of work which he or she may do and who may contract for, undertake to perform, submit a bid or a proposal or otherwise offer to perform, and perform any activity or work as a contractor requiring licensure under this chapter including within its scope any work requiring licensure under Chapter 14 of this title; provided, however, that any work contractually undertaken by a general contractor in the nature of electrical contracting, plumbing, conditioned air contracting, low voltage contracting, or utility contracting which falls within the licensing requirements of Chapter 14 of this title may not be performed by the general contractor but shall only be performed by a person who is duly licensed to perform such work under Chapter 14 of this title. The construction of all private, commercial, institutional, industrial, public, and other buildings and structures under contract with or engagement directly by an owner shall

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be undertaken by a general contractor, except as otherwise expressly set forth in or excluded from operation of this chapter. (6) An 'owner' of real property means a person or entity that has a majority ownership interest in the real property to be improved and for whom an improvement is made or who contracts with or engages, directly or through an agent, the contractor to perform the construction work or services. (7) 'Qualifying agent' means a person who possesses the requisite skill, knowledge, and experience and has the responsibility to supervise, direct, manage, and control all of the contracting activities of a contractor doing business in the form of a business organization, with which he or she is affiliated by employment or ownership; who has the responsibility to supervise, direct, manage, and control construction activities on a job for which he or she has obtained the building permit; and whose technical and personal qualifications have been determined by investigation and examination as provided in this chapter, as attested by the division. (8) 'Real property' means the real estate, or an interest therein, that is improved, including leaseholds, tenements, and easements, and improvements constructed or placed thereon. (9) 'Residential contractor' means any contractor who may contract for, undertake to perform, submit a bid or a proposal or otherwise offer to perform, and perform any activity or work as a contractor requiring licensure under this chapter for a fixed price, commission, fee, wage, or other compensation or who undertakes any activity or work on his or her own behalf or for any person or business organization that is not licensed as a licensed residential contractor pursuant to this chapter where such activity or work falls into the category of residential-basic contractor or residential-light commercial contractor as defined in this Code section and where the total value of the work or activity or of the compensation to be received by the contractor for such activity or work, whichever is the higher, exceeds $2,500.00. The term 'residential contractor' shall include both a residential-basic contractor and a residential-light commercial contractor, except where otherwise expressly stated. The work or activity performed by a residential contractor may include within its scope any work requiring licensure under Chapter 14 of this title; provided, however, that any work contractually undertaken by a residential contractor in the nature of electrical contracting, plumbing, conditioned air contracting, low voltage contracting, or utility contracting which falls within the licensing requirements of Chapter 14 of this title may not be performed by the residential contractor but shall only be performed by a person who is duly licensed to perform such work under Chapter 14 of this title. (10) 'Residential-basic contractor' means and encompasses a person who performs contractor work or activity relative to detached one-family and two-family residences and one-family townhouses not over three stories in height and their accessory buildings and structures; (11) 'Residential-light commercial contractor' means and encompasses a person who performs any contractor work or activity performed by a residential-basic contractor and, additionally, shall include such contractor work or activity related to multifamily

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and multiuse light commercial buildings and structures, and their related accessory buildings and structures, which are less than four stories in height; less than 25,000 square feet in aggregate interior floor space, except as otherwise provided in this chapter; and are constructed of wood or light gauge metal frame, brick veneer, prefabricated, or manufactured type of construction; or are preengineered steel buildings not exceeding 50,000 square feet of interior floor space; provided that such buildings or structures are not of the type of building or structure that would constitute a special hazard to property or to life and safety of persons as defined in subparagraphs (A), (C), (D), (E), (F), (G), (G.1), (H), (I), and (J) and subparagraph (B), as it applies to a building of four or more stories, of paragraph (1) of subsection (b) of Code Section 25-2-13. (12) 'Specialty contractor' means a contractor whose scope of work and responsibility is of limited scope dealing with only a specific trade and directly related and ancillary work and whose performance is limited to such specialty construction work requiring special skill and requiring specialized building trades or crafts, including, but not limited to, such activities, work, or services requiring licensure under Chapter 14 of this title.
43-41-3. (a) There is created the State Licensing Board for Residential and General Contractors consisting of 14 members appointed by the Governor for five-year terms. The board shall be assigned to the Secretary of States office for administrative purposes and shall be under the jurisdiction of the division director and shall operate in accordance with and pursuant to the provisions of Chapter 1 of this title, as applicable. The board shall be comprised of two divisions: the residential contractor division, having jurisdiction of and authority over the two subcategories of residential contracting, residential-basic contractors and residential-light commercial contractors, and the general contractor division. Seven members shall be appointed and serve as members of the residential contractor division of the board and seven members shall be appointed and serve as members of the general contractor division of the board. Members shall serve until the expiration of their respective terms and until their successors are appointed and qualified. Vacancies occurring during a term shall be filled by appointment of the Governor for the remainder of the unexpired term and such replacement shall meet the requirements and criteria of selection of the person previously holding the vacant position. To be eligible to serve on the respective divisions of the board, each contractor member shall be and remain actively involved in the construction contracting business and shall have been so engaged for a period of not less than five consecutive years before the date of appointment in the particular contracting business, as a residential contractor or general contractor, corresponding to the division for which such person is appointed. Any contractor members whose term continues after or who are appointed to terms commencing two years from the date that this chapter becomes effective must also have been licensed and certified by the respective division of the board to operate as a contractor in the category to which the member is appointed. The

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position of any appointive member of the board who, during his or her term of appointment, shall cease to meet the qualifications for original appointment shall be immediately vacated. No member of the board shall be appointed to serve more than two full terms. (b) The residential contractor division shall consist of seven members and, except as otherwise expressly stated in this chapter, shall have jurisdiction of and authority over the practice of the two subcategories of residential contracting, residential-basic contractors and residential-light commercial contractors. Five members shall be residential contractors eligible for licensure under this chapter. Effective July 1 of the second year after this chapter becomes effective, all residential contractor members shall be required to be licensed under this chapter. At least two of the residential contractor members shall be qualified to perform residential-light commercial type projects; three shall be qualified and shall predominantly perform residential-basic type projects; one shall be a residential contractor whose business predominately involves remodeling projects; one shall be a residential contractor who constructs at least an average of 20 residences per year; and all must be geographically diverse. One member shall be a public building official and one member shall be a public member. The public member shall have no ties with the residential construction industry and shall represent the interests of the public at large. The initial member terms on the residential contractor division shall be staggered so that all terms do not expire simultaneously. Three members shall serve initial terms of five years, three members shall serve initial terms of four years, and one member shall serve an initial term of three years. The residential contractor division shall meet at least six times each year for the purpose of transacting such business as may properly come before it. (c) The general contractor division shall consist of seven members and, except as otherwise expressly stated in this chapter, shall have jurisdiction of and authority over the practice of general contracting. Five members shall be general contractors eligible for licensure under this chapter. Effective July 1 of the second year after this chapter becomes effective, all general contractor members shall be required to be licensed under this chapter. At least two of the general contractor members shall be small volume builders with an annual contracting volume of less than $5 million and all of whom must be geographically diverse. One member shall be a currently licensed or registered architect or engineer and one member shall be a public building official. The initial member terms on the general contractor division shall be staggered so that all terms do not expire simultaneously. Three members, including at least two contractor members, shall serve initial terms of five years; three members, including at least two contractor members, shall serve initial terms of four years; and one member shall serve an initial term of three years. The general contractor division shall meet at least six times each year for the purpose of transacting such business as may properly come before it.
43-41-4. (a) The initial members of the board shall be appointed by the Governor no later than

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July 30 of the year in which this chapter becomes effective. The board shall meet within 30 days after its appointment at a time and place to be designated by the Governor and organize by electing a chairperson and a vice chairperson, each to serve for a one year term. (b) The office of chairperson of the board shall be rotated between the two divisions enumerated in this chapter, with the office of vice chairperson to be held by a member of the division other than that in which the chairperson serves, unless the board, through its rules and regulations, provides otherwise. Any vacancy in the office of chairperson shall be filled by the members for the unexpired term. The person selected to fill the vacancy shall be a member of the same division as the chairperson whose departure has created the vacancy. (c) The board shall meet at the call of the chairperson or upon the recommendation of a majority of its members. Eight members of the board, including at least three members from each of its divisions, shall constitute a quorum for transaction of business by the board. (d) Each division within the board shall also elect from its membership a chairperson and a vice chairperson who shall each serve for a term of two years. Any vacancy in the office of either the chairperson or vice chairperson shall be filled by one of the members of the respective division for the unexpired term. (e) Any member elected chairperson of a division may not serve more than two consecutive full terms of office. (f) Each division shall carry out its powers and duties as provided for in this chapter with the assistance of the division director and staff of the professional licensing boards division of the Secretary of States office and the officers and staff of the board. Each division of the board shall operate and transact its business independently of the other division and of the board at large, except as required by this chapter and to the extent of common interests and functions, including staffing and administration. Each division of the board shall have delegated from the board the power and authority to take all appropriate actions in the organization and administration of each respective division and the effectuation and implementation of the licensing and enforcement processes required under this chapter, subject to ultimate oversight and review by the board. (g) The divisions of the board shall meet at the call of the chairperson of the division. (h) The board shall not take action on any matter specifically delegated to and under the authority and control of the one of its divisions unless at least four of its members from the affected division are present and participating in such action or decision. (i) The division director, or his or her designee, shall keep a record of the proceedings of the board and its respective divisions.
43-41-5. (a) The board shall meet at least twice each year for the purpose of transacting such business as may properly come before it and of overseeing the operation of its divisions. (b) The board and its divisions shall have the power to:

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(1) Request from the various departments, agencies, and authorities of the state and its political subdivisions and their agencies and authorities such available information as they may require in their work; and all such departments, agencies, and authorities shall furnish such requested available information to the board and its divisions within a reasonable time; (2) Provide by regulation for reciprocity with other states or territories of the United States in the licensing of residential and general contractors, provided that such other states have requirements substantially equal to the requirements in force in this state for registration, licensure, or certification and that any such contractor holding a current and valid license, certificate, or registration from another state or territory seeking licensure by way of reciprocity shall demonstrate that such applicant meets, in the discretion of the respective division, the qualifications, requirements, and criteria set forth in Code Section 43-41-6, other than the requirement to take and pass an examination as set forth in subsection (d) of Code Section 43-41-6, and that such applicant is otherwise in compliance with all requirements of the State of Georgia for transaction of such business within this state; provided, further, that a similar privilege is offered to residents of this state by the other state or territory; (3) Establish and adjust fees as necessary within the limits set forth in Chapter 1 of this title; (4) Adopt official seals for their use and change them at pleasure; (5) Establish the policies and procedures for regulating the businesses of residential contracting and general contracting; (6) Determine qualifications for licensure or certification, including such experience requirements as the board deems necessary; and (7) Promulgate and adopt rules and regulations necessary to carry out this chapter. (c) Regarding the powers and authorities conferred by this Code section relative to the residential-light commercial contractor subcategory of the residential contractor classification under this chapter, due to the characteristics of such subcategory, such powers and authorities shall be delegated to and conferred upon, in the first instance, a combined and overlapping subdivision comprising four members of both of the divisions, two of whom shall be the residential-light commercial qualified members of the residential contractor division and two of whom shall be the small volume qualified members of the general contractor division, with neither division having sole oversight and control of such powers and authorities. The chairperson of such combined subdivision shall be rotated annually between the chairperson of the residential contractor division and the chairperson of the general contractor division, with the residential contractor chairperson initially serving as chairperson. The combined subdivision shall meet at the call of such chairperson. However, regarding the actual issuance of licenses under this chapter for residential-light commercial contracting and any powers and authorities relative to administration, oversight, control, or disciplinary action of persons issued such licenses, pursuant to Code Sections 43-41-10, 43-41-11, 43-41-13, 43-41-15, and 43-41-16, the residential contractor division shall have full power and authority. Any determinations made or actions taken by this subdivision

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shall be subject to the ultimate review, oversight, control, power, and authority of the board.
(d)(1) The division director is authorized to make, or cause to be made through employees or contract agents of the board, such investigations as he or she or the board may deem necessary or proper for the enforcement of the provisions of this chapter. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee or applicant. The division director or his or her appointed representative may issue subpoenas to compel such access upon a determination that reasonable grounds exist for the belief that a violation of this chapter or any other law relating to the practice of residential or general contracting may have taken place. (2) The results of all investigations initiated by the board shall be reported solely to the board, and the records of such investigations shall be kept for the board by the division director, with the board retaining the right to have access at any time to such records. No part of any such records shall be released, except to the board, for any purpose other than a hearing before the board, nor shall such records be subject to subpoena; provided, however, that the board shall be authorized to release such records to another enforcement agency or lawful licensing authority. (3) The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee or applicant and the legal counsel of that licensee or applicant. (e) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant which violate the provisions of this chapter or any other provision of law relating to a licensees or applicants fitness to practice as a licensed residential or general contractor or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice. (f) The denial of a license on grounds other than those enumerated in this chapter, the issuance of a private reprimand, the denial of a license by reciprocity, the denial of a request for reinstatement of a revoked license, or the refusal to issue a previously denied license shall not be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Notice and hearing within the meaning of Chapter 13 of Title 50 shall not be required, but the applicant or licensee shall be allowed to appear before the board if he or she so requests. (g) If any licensee or applicant fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served upon the licensee or applicant by certified mail or statutory overnight delivery, return receipt requested, to the last known address of record with the board. If such material is returned marked 'unclaimed' or 'refused' or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the division

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director shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon the division director shall be deemed to be service upon the licensee or applicant. (h) The voluntary surrender of a license shall have the same effect as a revocation of the license, subject to reinstatement in the discretion of the board. (i) This Code section shall apply equally to all licensees or applicants whether individuals, partners, or members of any other incorporated or unincorporated associations, corporations, business organizations, or other associations of any kind whatsoever. (j) All subpoenas issued pursuant to the authority granted in this chapter shall be subject to the general rules of law with respect to distance, tender of fees and expenses, and protective orders; and any motion made with respect thereto shall be made to and passed on by a judge of the superior court of the county of residence of the person to whom the subpoena is directed.
43-41-6. (a) Anyone seeking to be licensed as a residential contractor or as a general contractor in this state shall file an application on a form provided by the residential contractor or general contractor division, respectively, accompanied by an application fee as provided by the board. Such an application may be submitted either by:
(1) An individual person seeking issuance of a license in his or her own name for purposes of engaging in the profession of residential or general contracting in his or her own name or doing business as an individual in a trade name as a sole proprietorship; or (2) An individual person affiliated by ownership or employment with and acting as a qualifying agent for a business organization seeking to engage in the profession of residential or general contracting in the name of the business organization in accordance with and pursuant to Code Section 43-41-9. Additionally, all applicants must submit to and successfully pass an examination prepared by the appropriate division, except where an applicant is otherwise qualified for licensure and has satisfied the appropriate division requirements and regulations for licensure pursuant to Code Section 43-41-8 exempting such applicant from the examination requirement or where the applicant is an individual acting as a qualifying agent for a business organization and has previously obtained and maintained continuously a license issued by the appropriate division. (b) A person shall be eligible for licensure as a residential-basic contractor by the residential contractor division if the person: (1) Is at least 21 years of age; (2) Is of a good character and is otherwise qualified as to competency, ability, and integrity; (3) Has at least two years of proven experience working as or in the employment of a residential contractor, predominantly in the residential-basic category, or other proven experience deemed substantially similar by the division; and

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(4) Has had significant responsibility for the successful performance and completion of at least two projects falling within the residential-basic category in the two years immediately preceding application. (c) A person shall be eligible for licensure as a residential-light commercial contractor by the residential-light commercial subdivision if the person: (1) Is at least 21 years of age; (2) Is of a good character and is otherwise qualified as to competency, ability, and integrity; (3) Meets eligibility requirements according to one of the following criteria:
(A) Has received a baccalaureate degree from an accredited four-year college or university in the field of engineering, architecture, construction management, building construction, or other field acceptable to the division and has at least one year of proven experience working as or in the employment of a residential contractor, general contractor, or other proven experience deemed substantially similar by the division; (B) Has a combination acceptable to the division of academic credits from any accredited college-level courses and proven practical experience working as or in the employment of a residential contractor, general contractor, or other proven experience deemed substantially similar by the division equaling at least four years in the aggregate. For purposes of this subparagraph, all university, college, junior college, or community college-level courses shall be considered accredited collegelevel courses; or (C) Has a total of at least four years of proven active experience working in a construction industry related field, at least two of which shall have been as or in the employment of a residential contractor, or other proven experience deemed acceptable by the division; and (4) Has had significant responsibility for the successful performance and completion of at least two projects falling within the residence-light commercial category in the four years immediately preceding application. (d) A person shall be eligible for licensure as a general contractor by the general contractor division if the person: (1) Is at least 21 years of age; (2) Is of a good character and is otherwise qualified as to competency, ability, integrity, and financial responsibility; and (3) Meets eligibility requirements according to one of the following criteria: (A) Has received a baccalaureate degree from an accredited four-year college or university in the field of engineering, architecture, construction management, building construction, or other field acceptable to the division and has at least one year of proven experience working as or in the employment of a general contractor or other proven experience deemed substantially similar by the division; (B) Has a combination acceptable to the division of academic credits from any accredited college-level courses and proven practical experience working as or in the employment of a general contractor or other proven experience deemed

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substantially similar by the division equaling at least four years in the aggregate. For purposes of this subparagraph, all university, college, junior college, or community college-level courses shall be considered accredited college-level courses; or (C) Has a total of at least four years of proven active experience working in a construction industry related field, at least two of which shall have been as or in the employment of a general contractor, or other proven experience deemed acceptable by the division and at least one of which shall have been in or relating to administration, marketing, accounting, estimating, drafting, engineering, supervision, or project management, or functions deemed substantially similar by the division. (e) Before being entitled to take an examination or otherwise qualify for issuance of a license, an applicant must show to the satisfaction of the residential contractor division or general contractor division from the application and proofs furnished that the applicant is possessed of a good character and is otherwise qualified as to competency, ability, integrity, and financial responsibility. The application shall include a list of all persons, entities, and business organizations that the applicant will be affiliated with as a licensed residential contractor or general contractor, whether by way of employment, ownership, serving as an owner or director, partnership, or membership or by serving as a qualifying agent under this chapter. Applicants for a general contractor license shall provide proof of a minimum net worth in an amount which is specified by the general contractor division. Additionally, all applicants shall provide proof of general liability insurance and of workers compensation insurance as required by the laws of this state in their name. However, if and to the extent the applicant is submitted as a person seeking to act as a qualifying agent of a particular business organization, such proofs and information shall relate and pertain to such business organization rather than the individual applicant, subject to the limitations set forth in subsection (d) of Code Section 43-41-9. All applicants shall also provide their social security numbers, if applying as an individual, or the federal taxpayer identification numbers of any business organization for which the applicant is seeking licensure as a qualifying agent. Applicants for a general contractors license shall also provide suitable verification of tax payments in a form and manner and for the duration prescribed by the general contractor division; provided, however, that where the application is seeking license as a qualifying agent of a business organization, such tax verification and information shall relate and pertain to that business organization. The decision of the appropriate division as to the qualifications of applicants shall, in the absence of fraud, be conclusive. A certificate by the insurer or other appropriate evidence of such coverages shall be maintained with the appropriate division and shall be a condition of renewal. A licensee, on his or her own behalf or where acting as a qualifying agent on behalf of the business organization so qualified, must notify the appropriate division in writing within 30 days of any changes in the information required to be on file with such division, including, but not limited to, the licensees and, if the licensee is acting as a qualifying agent for any business organization, such business organizations current

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mailing address, insurance coverages, and affiliated entities. (f)(1) The residential contractor division and the general contractor division shall each conduct an examination of all qualified applicants, except those exempted from the examination requirement pursuant to Code Section 43-41-8. (2) The residential contractor division shall conduct separate examinations for applicants for residential-basic and residential-light commercial licenses for the purpose of determining a particular applicants ability to make a practical application of his or her knowledge of the profession of residential contracting in the particular subcategory for which a license is sought; the applicants qualifications in reading plans and specifications; his or her knowledge of building codes, estimating costs, construction, ethics, contracting, and other similar matters pertaining to such residential contracting business; his or her knowledge as to the responsibilities of a residential contractor to the public and to owners, subcontractors, and suppliers; and his or her knowledge of the requirements of the laws of this state relating to residential-basic and residential light-commercial contractors, construction, workers compensation, insurance, and liens. (3) The general contractor division shall conduct an examination to ascertain the particular applicants ability to make a practical application of his or her knowledge of the profession of commercial general contracting; the applicants qualifications in reading plans and specifications; his or her knowledge of building codes, estimating costs, construction, ethics, contracting, and other similar matters pertaining to the general contracting business; his or her knowledge as to the responsibilities of a general contractor to the public and to owners, subcontractors, and suppliers; and his or her knowledge of the requirements of the laws of this state relating to general contractors, construction, workers compensation, insurance, surety bonding, and liens. (4) If the results of the applicants examination are satisfactory to the appropriate division, or he or she is exempted from the examination requirement under Code Section 43-41-8, and if he or she and any affiliated business organization has met the other qualifications and requirements set forth in this Code section, then the appropriate division shall issue to the applicant a license to engage in business as a residential or general contractor in this state, as provided in such license, in his or her own name as a sole proprietor or as a qualifying agent for the affiliated business organization and in the name of such business organization, pursuant to and in accordance with the requirements set forth in Code Section 43-41-9. A residential contracting license shall indicate for which of the two subcategories, residential-basic or residential-light commercial, the licensee is qualified.
(g) Any otherwise qualified applicant failing this examination may be reexamined at any regularly scheduled examination within one year of the date of original application upon payment of a reexamination fee, in an amount to be set by the board, without need to resubmit an application, unless any information set forth in the previously submitted application is no longer accurate or complete. Anyone requesting to take the examination a third or subsequent time shall wait at least one calendar year after the

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taking of the last examination and shall submit an application with the appropriate examination fees. (h) A residential contractor license, indicating whether relating to the residential-basic or residential-light commercial category, or general contractor license shall be issued to an applicant who successfully completes the respective requirements therefor upon the payment of fees prescribed by the board. (i) Such licenses shall be renewable biennially. Licenses may be renewed subsequent to their expiration within six months of the date of expiration by mailing written application for renewal and paying a late renewal fee as determined by the board. After six months has elapsed from the date of expiration, such license may be reinstated in accordance with the rules and regulations of the board. (j) The division director shall give advance notice by mail to each person holding a license under this chapter of the date of the expiration of the certificate of registration and the amount of the fee required for renewal at least one month prior to the expiration date, but the failure to receive such notice shall not avoid the expiration of any license not renewed in accordance with this Code section. (k) As a condition of renewal, the appropriate division may require licensees to complete division approved continuing education of not more than three hours annually for a residential-basic license, six hours annually for a residential-light commercial license, and eight hours annually for a general contractor license.
43-41-7. A licensed residential contractor and any affiliated entities shall offer a written warranty in connection with each contract to construct, or superintend or manage the construction of, any single family residence where the total value of the work or activity or the compensation to be received by the contractor for such activity or work exceeds $2,500.00. The residential contractor division shall establish the minimum requirements of such warranty. The parties to the warranty may agree to submit any or all disputes arising under the warranty to arbitration. Such agreement to arbitrate shall be enforceable as provided in Part 1 of Article 1 of Chapter 9 of Title 9, the 'Georgia Arbitration Code.'
43-41-8. (a) Notwithstanding any other provision of this chapter to the contrary, the following persons desiring to qualify for a residential contractor license or a general contractor license under the provisions of this chapter shall be eligible for issuance of a such a license by the appropriate division without examination, provided that such person submits a proper application and proofs, pays or has paid the required fees, otherwise meets the requirements of Code Section 43-41-6 for licensure, and is not otherwise in violation of this chapter:
(1) Any person who holds a current and valid license to engage in the comparable category of residential or general contracting issued to him or her by any governing authority of any political subdivision of this state which requires passing an

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examination which is substantially similar to the state examination for residential or general contractors, provided that such person is a Georgia resident and citizen, if an individual applying in his or her own behalf, or is seeking licensure as a qualifying agent for a business organization incorporated in Georgia or otherwise authorized and certified to transact business in Georgia with a regular office and place of business in Georgia currently and having had such office and place of business continuously for the five years immediately preceding such application; provided, further, that the examination results are made available to the appropriate division. Such application and request for exemption must be submitted within the time limits set forth in subsection (a) of Code Section 43-41-17; (2) Any person who has successfully and efficiently engaged in the comparable category of residential or general contracting in this state as provided in this Code section; provided, however, that such person shall be either a resident and citizen of the state of Georgia or, if applying as a qualifying agent for a business organization, such business organization shall be either incorporated in Georgia or is a business organization otherwise authorized and certified to transact business in Georgia with a regular office and place of business in Georgia currently and having had such office and place of business continuously for the five years immediately preceding such application; provided, further, that such application and request for exemption is submitted within the time limits set forth in subsection (a) of Code Section 43-41-17. To prove that he or she has successfully engaged in residential-basic or residentiallight commercial projects, the person shall be required to give evidence of three successful projects located in Georgia which were successfully completed over the period of five years immediately prior to the time of application; evidence of ten successfully completed residential-basic or residential-light commercial projects located in Georgia over the period of ten years immediately prior to the time of application; or evidence that he or she has participated in or been engaged in residential-basic or residential-light commercial construction in a supervisory or management capacity for seven of the ten years immediately prior to the time of application. To prove that he or she has successfully engaged in commercial general contracting, the person submitting the application shall be required to give evidence of five successful general contracting projects located in Georgia which were successfully completed over the period of five years immediately prior to the time of application or evidence of ten successful general contracting projects located in Georgia which were successfully completed over the period of ten years immediately prior to the time of application, such projects having been performed either by such person acting as an individual or by a business organization in which such individual person was affiliated by employment or ownership and over which such person had general oversight and management responsibilities; and (3) Any person who holds a current and valid license to practice a comparable category of residential or general contracting issued by another state or territory of the United States, where either such state or territory has entered into a reciprocal agreement with the board and divisions for the recognition of contractor licenses

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issued in that state or territory, or such application is pursuant to and in accordance with the regulations and requirements for reciprocity promulgated by the divisions in accordance with subsection (b) of Code Section 43-41-5. Additionally, such application shall meet the following requirements:
(A) The criteria for issuance of such license or certification by such other state or territory, including the requirement to successfully complete an examination, were substantially equivalent to Georgias current license criteria; (B) The application requirements and application form submitted to the other state or territory upon which such license was issued and the examination form and substance are available for review by the appropriate division and the examination results are made available to the division; (C) The applicant shall demonstrate that he or she meets the qualifications, requirements, and criteria set forth in subsections (a), (b), (c), and (d) of Code Section 43-41-6; and (D) The applicant is otherwise in compliance with all requirements of this state for transaction of such business within this state; provided, however, that such application and request for exemption shall be submitted within the time limits set forth in subsection (a) of Code Section 43-41-17. (b) Any applicant for issuance of a residential contractor or general contractor license under this title who shall seek exemption from the examination requirement under subsection (f) of Code Section 43-41-6, on any basis set forth above, shall have the burden of establishing to the satisfaction and within the discretion of the appropriate division that the requirements for such exemption have been satisfied. The decision of such division as to the satisfaction of the requirements for such exemption from taking the examination shall, in the absence of fraud, be conclusive.
43-41-9. (a) If an individual applicant proposes to engage in residential or general contracting in the individuals own name or a trade name where the individual is doing business as a sole proprietorship, the license shall be issued only to that individual. Where an applicant under this chapter is seeking issuance of a residential or general contractor license on behalf and for the benefit of a business organization seeking to engage in residential or general contracting as a business organization, or in any name other than the applicants legal name or trade name where the applicant is doing business as a sole proprietorship, the application for a license under this chapter must be submitted by and through an individual qualifying agent for such business organization or entity and expressly on behalf of such business organization or entity. In such case, the license shall be issued to the individual qualifying agent and to the affiliated business organization or entity on whose behalf the application was made. It shall be unlawful for any person, firm, corporation, or association to operate a business organization or entity engaged in the business of residential or general contracting without first obtaining a license from the appropriate division. The appropriate division shall not issue a license to any business organization or entity to engage in residential or general

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contracting unless such business organization or entity employs at least one currently licensed residential or general contractor who is actually engaged in the practice of residential or general contracting for such business organization or entity on a full-time basis and provides adequate supervision and is responsible for the projects of such business organization or entity. A business organization may allow more than one person to act as a qualifying agent for such organization, subject to each such individual qualifying agent having successfully satisfied the requirements for issuance of a license under this chapter and having obtained issuance of such a license by the appropriate division. Each such business organization shall have at least one qualifying agent in order to be considered authorized to engage in such contracting business. (b) The application for a license by a qualifying agent must include an affidavit on a form provided by the board attesting that the individual applicant has final approval authority for all construction work performed by the business organization or entity and that the individual applicant has final approval authority on all business matters, including contracts and contract performance and financial affairs of the business organization or entity. (c) A joint venture is considered a separate and distinct organization for licensing purposes under this chapter and must be qualified and licensed in accordance with the appropriate divisions rules and regulations either:
(1) In its own name as a separate business organization; or (2) By each of the members of the joint venture doing business as a residential contractor or general contractor holding, as an individual or as a business organization acting through its qualifying agent, a valid and current residential or general contractors license issued by the appropriate division. Each such licensed individual or qualifying agent shall be considered a qualifying agent of such joint venture. (d) If, during the period encompassed by a license issued to a qualifying agent acting for and on behalf of an affiliated business organization, there is a change in any information that is required to be stated on the application, the business organization shall, within 45 days after such change occurs, mail the correct information to the appropriate division. (e)(1) At least one qualifying agent shall be licensed under this chapter in order for the business organization to obtain a license as a residential or general contractor. If any qualifying agent ceases to be affiliated with such business organization, for any reason, he or she shall so inform the division having jurisdiction. In addition, if such qualifying agent is the only qualifying agent licensed hereunder affiliated with the business organization, the business organization shall promptly notify the appropriate division of the termination of the relationship with that qualifying agent and shall have 120 days from the termination of the qualifying agents affiliation with the business organization to employ another qualifying agent and submit an application for licensure under the new qualifying agent. The submission of such application shall serve to maintain the licensed status of the business organization pending and subject to approval of such application by the appropriate division; provided that,

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should such application be denied by that division, then, after passage of the 120 day period, the business organization shall cease to be considered licensed as a residential or a general contractor unless and until a new application is submitted and approved by the appropriate division. In such circumstance, the affected business organization may not thereafter engage in residential or general contracting until a new qualifying agent is employed, unless the appropriate division has granted a temporary nonrenewable license to the financially responsible officer, the president or chief executive officer, a partner, or, in the case of a limited partnership, the general partner, who thereafter shall assume all responsibilities of a qualifying agent for the business organization or entity. This temporary license shall only allow the entity to proceed with incomplete contracts already in progress. For the purposes of this paragraph, an incomplete contract is one which has been awarded to, or entered into by, the business organization prior to the cessation of affiliation of the qualifying agent with the business organization or one on which the business organization was the low bidder and the contract is subsequently awarded, regardless of whether any actual work has commenced under the contract prior to the qualifying agent ceasing to be affiliated with the business organization. (2) The qualifying agent shall inform the division having jurisdiction in writing when he or she proposes to engage in contracting in his or her own name or in affiliation with another business organization, and he or she or such new business organization shall supply the same information to the division as required of applicants under this chapter. Such person shall be deemed to be a licensed residential or general contractor for the original term of his or her license, provided that he or she qualified for such license based on his or her own personal qualifications as to financial responsibility and insurance. Otherwise, such individual shall be required to submit a new application demonstrating satisfaction of such financial and insurance requirements himself or herself or by the business organization he or she desires to qualify, but such person shall be entitled to continue engaging in the business of residential or general contracting in accordance with and under his or her previously issued license unless and until the appropriate division determines that the person seeking issuance of the license no longer meets these requirements. (3) Upon a favorable determination by the division having jurisdiction, after investigation of the financial responsibility, if applicable, and insurance of the qualifying agent and the new business organization, the division shall issue, without an examination, a new license in the name of the qualifying agent and in the name of the new affiliated business organization. (f) Disciplinary action and other sanctions provided in this chapter may be administered against a business organization operating under a license issued through its licensed qualifying agent or agents in the same manner and on the same grounds as disciplinary actions or sanctions against an individual or license holder acting as its qualifying agent under this chapter. The divisions or the board may deny the license to a qualifying agent for any business organization if the qualifying agent or business organization has been involved in past disciplinary actions or on any grounds for which individual

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licenses can be denied. (g) Each qualifying agent shall pay the appropriate division an amount equal to the original fee for a license applied for on behalf of a new business organization. If the qualifying agent for a business organization desires to qualify additional business organizations, the division shall require him or her to present evidence of the financial responsibility, if applicable, and insurance of each such organization. (h) All qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization, for all field work at all sites, and for financial matters, both for the organization in general and for each specific job for which his or her license was used to obtain the building permit. (i) Any change in the status of a qualifying agent is prospective only. A qualifying agent shall for purposes of application of this chapter and the enforcement and disciplinary mechanisms thereunder be and remain responsible for his or her actions or omissions as well as those of the business organization for which such person had acted as a qualifying agent occurring during his or her period of service as such qualifying agent as and to the extent set forth in this chapter. A qualifying agent is not responsible for his or her predecessors actions, but is responsible, even after a change in status, for matters for which he or she was responsible while in a particular status. Further, nothing in this chapter shall be interpreted as a basis for imposition of civil liability against an individual qualifying agent by any owner or other third party claimant beyond the liability that would otherwise exist legally or contractually apart from and independent of the individuals status as a qualifying agent.
43-14-10. (a) In addition to the powers and authorities conferred upon the board and its divisions pursuant to Chapter 1 of this title, the residential contractor division and the general contractor division shall have the power, respectively, to reprimand any person or licensee, or to suspend, revoke, or refuse to grant, renew, or restore a license to any person or licensee if such person or licensee is found by the appropriate division to have engaged in any fraud or deceit in obtaining a license or otherwise to have engaged in gross negligence, repeated or persistent incompetence, intentional misconduct in the practice of his or her profession, or willful violation of any provisions of this chapter. (b) For purposes of this Code section, a person or business organization operating on an expired, revoked, lapsed, or suspended license shall be considered unlicensed. (c) The separate divisions may issue a stop-work order for all unlicensed work falling within their respective jurisdictions upon finding probable cause to believe that construction work which requires a license under this chapter is being performed by a person without such a current, valid license. Such an order may be enforced by injunctive relief, cease and desist orders, or other related actions within the power and authority of the board and its respective divisions. (d) The division having jurisdiction shall investigate and sanction any license holder found to have engaged in fraud, deceit, gross negligence, repeated or persistent incompetence, or intentional misconduct in the practice of residential or general

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contracting; and sanctions shall be assessed against any such residential or general contractor licensed under this chapter either individually or as a business organization acting through a qualifying agent. Such charges, unless dismissed without hearing by the division as unfounded, shall be heard and determined by that division in accordance with the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (e) The divisions shall each adopt and publish rules and regulations, consistent with the provisions of this chapter, governing the suspension and revocation of licenses. (f ) Each division may reissue a license to any person whose license has been revoked or lift a suspension of a license to such person provided that four or more members of the division vote in favor of such reissuance or lifting for reasons that division deems sufficient.
43-41-11. The issuance of a license by the residential contractor or the general contractor division shall be evidence that the person named therein, including both the individual licensee and any business organization for whom such licensee is a qualifying agent, is entitled to all the rights and privileges of a licensed residential or general contractor while such license remains unrevoked or unexpired.
43-41-12. (a) Any person, whether an individual or a business organization, who:
(1) Contracts for or bids upon or engages in the construction of any of the projects or works enumerated in the definitions of residential contractor or general contractor in Code Section 43-41-2 without having first complied with the appropriate provisions of this chapter or who shall attempt to practice residential contracting or general contracting in this state except as provided for in this chapter; (2) Falsely represents, advertises, or holds himself or herself or an affiliated business organization out as a residential contractor or general contractor licensee; (3) Represents or attempts to use or presents as his or her own the license of another person or, in the case of a business organization, a person other than its qualifying agent; (4) Gives false or forged evidence of any kind to the board or its divisions or to any member of the board in maintaining a license; (5) Uses an expired, suspended, or revoked license to continue engaging in residential contracting or general contracting; or (6) Operates a business organization engaged in contracting after 120 days following the termination of its only qualifying agent without designating another primary qualifying agent, except as provided in Code Section 43-41-9, shall be guilty of a misdemeanor and shall, upon conviction, be punished for each such offense by a fine of not less than $500.00 or imprisonment of three months, or both fine and imprisonment in the discretion of the court. (b) Any architect or engineer who recommends to any project owner the award of a

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contract to anyone known by such architect or engineer not to be properly licensed under this chapter shall be subject to such penalties as provided in subsection (a) of this Code section and also to any appropriate disciplinary action by the appropriate division. (c) Except as otherwise provided in this Code section, any person who violates any provision of this chapter shall be guilty of a misdemeanor.
43-41-13. Whenever it appears to the board or either division of the board that any person, whether an individual or a business organization, or both, is violating any of the provisions of this chapter or of the rules and regulations of the board or either division promulgated under this chapter, the board or division may apply to the superior court of the county in which such individual resides or business is located for a restraining order and injunction to restrain the violation, and the superior court shall have jurisdiction to grant the requested relief, irrespective of whether criminal prosecution has been instituted or administrative sanctions have been imposed by reason of the violation.
43-41-14. Any person, whether an individual or a business organization acting through a qualifying agent, intending to perform work as a residential or general contractor, upon making application to the building inspector or such other authority of any incorporated municipality or county in this state charged with the duty of issuing building or other permits for contemplated construction work requiring performance by either a licensed residential contractor or a licensed general contractor shall, before being entitled to the issuance of such permit, furnish to such inspector or authority, personally or through his or her authorized agent specifically designated to act on his or her behalf in a sworn written document submitted contemporaneously or previously submitted and maintained by such inspector or authority, his or her residential contractor or general contractor license number and the identity of any business organization for which such applicant is serving as qualifying agent that is undertaking or contracting as a residential contractor or a general contractor to construct or manage the construction. It shall be unlawful for any such building inspector or other authority to issue or allow the issuance of such building permit unless the applicant has furnished his or her residential contractor or general contractor license number and the identity of any such business organization relative to performance of the work for which a permit has been applied. A building inspector or other authority shall issue such building permit under the terms of this Code section to any person, including an individual licensee acting on his or her own behalf or a licensee acting as a qualifying agent for a business organization and such business organization, upon evidence reasonably establishing that such person is duly licensed as a residential or general contractor under this chapter, either individually or as a business organization acting under a duly licensed qualifying agent. Any building inspector or other such authority that issues a building permit to a person known by such building inspector or authority not to be properly licensed under this chapter shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine

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of not more than $500.00.
43-41-15. If an incomplete contract exists at the time of death of a residential or general contractor, where the licensed contractor performing the work under such contract is an individual person and not a business organization acting through a qualifying agent for such organization, the contract may be completed by any person affiliated with the contractor as a co-owner, partner, employee, relative, heir, successor, or assign, even though not licensed under this chapter, subject to the terms of this Code section. Such person shall notify the appropriate division of the board within 30 days after the death of such contractor of such death and of his or her name and address, knowledge of the contract, and ability technically and financially to complete it. Such person may continue with performance of the contract pending approval by the division. If the division approves, he or she may proceed with the contract to completion. If the division does not approve completion by such person, due to a determination that he or she does not have sufficient knowledge, expertise, or financial or other required resources, the division shall give prompt written notice to the person, including the reasons for such rejection, and such person shall promptly upon receipt of such notice cease further performance of the contract. If the owner engages another person under a new contract to complete the remaining work under the original contract, such other party must be a contractor duly licensed under this chapter to perform such work. For purposes of this Code section, an incomplete contract is one which has been awarded to or entered into by the contractor before his or her death or on which he or she was the low bidder and the contract is subsequently awarded to him or her, regardless of whether any actual work has commenced under the contract before the contractors death. If an incomplete contract exists at the time of death of a sole qualifying agent of a residential contractor or a general contractor, where the contractor is a business organization licensed only under such individual as its qualifying agent, then the contractor shall proceed as provided under paragraph (1) of subsection (e) of Code Section 43-41-9.
43-41-16. (a) The board shall have the authority to refuse to grant a license to an applicant or to revoke the license of a person licensed by the board or to discipline a person licensed by the board upon a finding by a majority of the board that the applicant or licensee has committed any of the following acts:
(1) Obtaining a license by fraud or misrepresentation or otherwise knowingly giving false or forged evidence to the board or its divisions; (2) Being convicted or found guilty of or entering a plea of guilty or nolo contendere to a criminal act constituting a felony in any jurisdiction which directly relates to the practice of residential or general contracting or the ability to practice contracting; (3) Performing any act which assists a person or entity in the prohibited unlicensed practice of contracting if the licensee knows or has reasonable grounds to know that

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the person or entity is unlicensed; (4) Knowingly combining or conspiring with an unlicensed person by allowing his or her license to be used with the intent to evade the provisions of this chapter. When an individual license holder allows his or her license to be used to qualify one or more business organizations, including where such qualifying agent for a person engaged in general contracting does not actually possess and exercise the power and authority required of a qualifying agent under paragraph (7) of Code Section 43-41-2 and Code Section 43-41-9, such act constitutes prima-facie evidence of an intent to evade the provisions of this chapter; (5) Failing in any material respect to comply with the provisions of this chapter or violating a rule, regulation, or lawful order of the board or its divisions; (6) Abandoning a construction project in which the contractor who is the individual license holder or a business organization for whom the license holder is a qualifying agent is engaged or under contract as a residential or general contractor. A project may be presumed abandoned after 90 days if the contractor has ceased work on or terminated performance on the project without just cause and without proper notification to the owner, including the reason for the termination, cessation, or abandonment; (7) Signing a statement with respect to a project or contract falsely indicating that the work is bonded; knowingly and falsely indicating by written statement issued to the owner that payment has been made for all subcontracted work, labor, and materials and for all materials furnished and installed which statement is reasonably relied upon and actually results in a financial loss to the owner; or falsely indicating that workers compensation and general liability insurance are provided; (8) Committing fraud or deceit in the practice of contracting, including falsely advertising, representing, or holding himself or herself or an affiliated business organization out as having a valid and current license under this chapter; (9) Committing gross negligence, repeated or persistent negligence, or negligence resulting in a significant danger to life or property; (10) Proceeding on any job without obtaining applicable local building permits and inspections; (11) Using or attempting to use a license that has expired or has been suspended or revoked; (12) Knowingly or intentionally engaging any subcontractor to perform work within the scope of the general or residential construction contract which requires a license under Chapter 14 of this title who does not possess a current and valid license for such work; or (13) Failing to satisfy within a reasonable time the terms of a final civil judgment obtained against the licensee or the business organization qualified by the licensee relating to the practice of the licensees profession. (b) The appropriate division may take any one or more of the following actions against any license holder found by the division to have committed any one or more of the acts listed in subsection (a) of this Code section:

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(1) Place the license holder on probation or reprimand the license holder; (2) Revoke a license, including the license of a person as an individual as well as that of a qualifying agent of a business organization together with the interest of the business organization qualified thereby in such license; suspend such a license for a stated period of time not exceeding one year; or deny the issuance or renewal of the license; (3) Require financial restitution to a consumer for financial harm directly related to a violation of a provision of this chapter; (4) Impose an administrative fine not to exceed $5,000.00 for each violation; (5) Require continuing education; or (6) Assess costs associated with the investigation and prosecution. (c) In determining penalties in any final order of the board or a division, the board or division shall follow the penalty guidelines established by the boards or divisions rules and regulations. (d) The board or a division may assess interest or penalties on all fines imposed under this chapter against any person or business organization which has not paid the imposed fine by the due date established by rule, regulation, or final order. (e) If the board or a division finds any contractor has violated the provisions of this chapter, the board or division may as a part of its disciplinary action require such contractor to obtain continuing education in the areas of contracting affected by such violation.
43-41-17. (a) The licensing requirements imposed by this chapter and the sanctions and consequences relating thereto shall not become effective and enforceable until two years after the effective date of this chapter. On and after such date, no person, whether an individual or a business organization, shall have the right to engage in the business of residential contracting or general contracting without a current, valid residential contractor license or general contractor license, respectively, issued by the division under this chapter or, in the case of a business organization, unless such business organization shall have a qualifying agent as provided in this chapter holding such a current, valid residential contractor or general contractor license on behalf of such organization issued to such qualifying agent as provided in this chapter. Notwithstanding the foregoing, persons seeking licensure under this chapter and exemption from examination under paragraphs (1) and (2) of subsection (a) of Code Section 43-41-8 shall submit their applications, including all necessary proof of the basis of exemption from examination for such license, starting one year after the effective date of this chapter. The period for submission of such applications and requests for exemption from the examination requirements shall extend thereafter for a period of six months. Furthermore, notwithstanding the foregoing, any person seeking licensure under this chapter and exemption from examination under paragraph (3) of subsection (a) of Code Section 43-41-8 may submit his or her application, including all necessary proof of the basis of such exemption starting 18 months after the effective

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date of this chapter and continuing thereafter. (b) As a matter of public policy, any contract entered into two or more years after the effective date of this chapter for the performance of work for which a residential contractor or general contractor license is required by this chapter and which is between an owner and a contractor who does not have a valid and current license required for such work in accordance with this chapter shall be unenforceable in law or in equity by the unlicensed contractor. For purposes of this subsection, a contractor shall be considered unlicensed only if the contractor was unlicensed on the effective date of the original contract for the work, if stated therein, or, if not stated, the date the last party to the contract executed such contract, if stated therein. If the contract does not establish such a date, the contractor shall be considered unlicensed only if the contractor was unlicensed on the first date upon which the contractor provided labor, services, or materials under the contract. Notwithstanding any other provision of law to the contrary, if a contract is rendered unenforceable under this subsection, no lien or bond claim shall exist in favor of the unlicensed contractor for any labor, services, or materials provided under the contract or any amendment thereto. This subsection shall not affect the rights of parties other than the unlicensed contractor to enforce contract, lien, or bond remedies. This subsection shall not affect the obligations of a surety that has provided a bond on behalf of an unlicensed contractor. It shall not be a defense to any claim on a bond or indemnity agreement that the principal or indemnitor is unlicensed for purposes of this subsection. (c) Any person who holds a license issued under this chapter may engage in the business of residential or general contracting, but only as prescribed by the license, throughout the state and no municipality or county may require any such person licensed under this chapter to comply with any additional licensing requirements imposed by such municipality or county relative to the performance of construction work subject to the licensing requirements under this chapter. (d) Any person qualified by the Department of Transportation to perform construction work on roads, streets, bridges, highways, sidewalks, or other grading, paving, or repaving projects; airport runways or taxiways; or railroads, and services incidental thereto, for the department shall not be required to be licensed under this chapter in order to perform any such work for the department or for any other owner requiring similar work to be performed. The general contractor division of the board, in agreement with the Department of Transportation, shall, by rule, define 'services incidental thereto' for the purposes of this subsection only and shall likewise define any other necessary terms as to the scope of the exemption provided by this subsection. (e) Nothing in this chapter shall prevent any person holding a valid license issued by the State Construction Industry Licensing Board, or any division thereof, pursuant to Chapter 14 of this title from performing any work defined in the Code sections under which the license held by said person was issued. Furthermore, nothing in this chapter shall preclude a person licensed under Chapter 14 of this title to perform plumbing, conditioned air contracting, utility contracting, electrical contracting, or low-voltage contracting from offering to perform, performing, engaging in, or contracting to engage

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in the performance of construction work or services directly with an owner, which work or services would otherwise require a general contractor license under this chapter, where the total scope of the work to be performed is predominantly of the type for which such contractor is duly licensed to perform under Chapter 14 of this title such that any other work involved is incidental to and an integral part of the work performed within the scope of such license under said chapter and does not exceed the greater of $10,000.00 or 25 percent of the total value at the time of contracting of the work to be performed; provided, however, that such contractor may not delegate or assign the responsibility to directly supervise and manage the performance of such other work to a person unless such person is licensed under this chapter and the work being performed by such person is within the scope of that persons license. (f) Nothing in this chapter shall preclude a specialty contractor from offering or contracting to perform or undertaking or performing for an owner limited, specialty, or specific trade contractor work, which does not entail the delegation or assignment to or engagement of any other person or entity, other than direct employees, to supervise, manage, or oversee the performance of any portion of the work undertaken. However, nothing in this chapter shall permit a specialty contractor to perform work falling within the licensing requirements of Chapter 14 of this title where such specialty contractor is not duly licensed under such chapter to perform such work. (g) Nothing in this chapter shall preclude a person from offering or contracting to perform or undertaking or performing for an owner repair work, provided that the person performing the repair work discloses to the owner that such person does not hold a license under this chapter and provided, further, that such work does not affect the structural integrity of the real property. (h) Nothing in this chapter shall preclude any person from constructing a building or structure on real property owned by such person which is intended upon completion for use or occupancy solely by that person and his or her family, firm, or corporation and its employees, and not for use by the general public and not offered for sale or lease. In so doing, such person may act as his or her own contractor personally providing direct supervision and management of all work not performed by licensed contractors. However, if, under this subsection, the person or his or her family, firm, or corporation has previously sold or transferred a building or structure which had been constructed by such person acting without a licensed residential or general contractor within the prior 24 month period, starting from the date on which a certificate of occupancy was issued for such building or structure, then such person may not, under this subsection, construct another separate building or structure without having first obtained on his or her own behalf an appropriate residential or general contractor license or having engaged such a duly licensed contractor to perform such work to the extent required under this chapter, or it shall be presumed that the person, firm, or corporation did not intend such building solely for occupancy by that person and his or her family, firm, or corporation. Further, such person may not delegate the responsibility to directly supervise and manage all or any part of the work relating thereto to any other person unless that person is licensed under this chapter and the work being performed is within

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the scope of that persons license. In any event, however, all such work must be done in conformity with all other applicable provisions of this title, the rules and regulations of the board and division involved, and any applicable county or municipal resolutions, ordinances, codes, permitting, or inspection requirements. (i) Nothing in this chapter shall preclude an architect licensed pursuant to Chapter 4 of this title or an engineer registered pursuant to Chapter 15 of this title from performing work or providing services within the scope of his or her registration for the practice of architecture or license for practicing engineering. (j) Nothing in this chapter shall preclude an architect licensed pursuant to Chapter 4 of this title or an engineer licensed pursuant to Chapter 15 of this title from offering to perform or offering or rendering design-build services to an owner; provided, however, that such offer or contract shall clearly indicate at the time of such offer or contract that all services of a general contractor incident to the design-build performance shall be performed by a duly licensed general contractor in compliance with other provisions of this chapter and that all services so offered or provided falling within the scope of the licensing requirements of this chapter are offered and rendered by a licensed general contractor in accordance with this chapter. (k) Nothing in this chapter shall apply to the construction, alteration, or repair of buildings classified as an agricultural occupancy or that are used for agricultural storage or agricultural purposes. (l) A contractor licensed under this chapter shall not be required to list on the face of a bid or proposal envelope the license number of any contractor licensed under Chapter 14 of this title that may or will be engaged to perform any work within the licensing requirements of Chapter 14 of this title which comprises part of the work for which such bid or proposal is submitted. (m) Dams, including both earth dams and concrete dams, designed for electrical generation, water storage, or any other purpose may be constructed by either a general contractor licensed under this chapter or by a utility contractor licensed pursuant to Chapter 14 of this title."
SECTION 2. This Act shall 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.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Senators Brush of the 24th and Seabaugh of the 28th offered the following amendment:
Amend the Senate Regulated Industries and Utilities Committee substitute to HB 1003 by striking line 27 on page 27 and inserting in lieu thereof the following:
"licensing requirements under this chapter. However, nothing in this chapter shall

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preclude the implementation and enforcement by any municipality or county of a local rule, regulation, ordinance, order, or other requirement in effect and operation as of the effective date of this chapter or July 1, 2004, whichever is earlier, that requires a person to obtain a locally issued license, registration, or certification in order to:
(1) Engage in the construction of improvements to real property to the extent such activities are not encompassed by this chapter or by Chapter 14 of this title; or (2) Engage in residential or general contracting within such jurisdiction; provided, however, that:
(A) The requirements and criteria for issuance of such local license, registration, or certification shall have been at least as strict and stringent, in the sole judgment of the board, as those for the issuance of a corresponding state-wide license issued under this chapter; (B) Such local license, registration, or certification shall only apply to activities performed within the geographical limits of such municipality or county; and (C) Such requirement shall not prevent or foreclose any contractor not holding such local license, registration, or certification but holding a valid and current state-wide license issued under this chapter or Chapter 14 of this title from the transaction of contracting business in such local jurisdiction within the scope of his or her statewide license."

By striking line 31 on page 28 and inserting in lieu thereof the following: "integrity of the real property. The board shall by rule or regulation further define the term 'repair' as used in this subsection and any other necessary terms as to the scope of this exemption."

On the adoption of the amendment, the yeas were 32, nays 1, and the Brush, Seabaugh amendment was adopted.

On the adoption of the substitute, the yeas were 35, nays 2, and the committee substitute was adopted as amended.

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

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

Y Adelman Y Balfour
Blitch Y Bowen Y Brown Y Brush Y Bulloch

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

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

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

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

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

On the passage of the bill, the yeas were 49, nays 1.

HB 1003, having received the requisite constitutional majority, was passed by substitute.

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.

Senator Hill of the 4th asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 496 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, Harp of the 16th and Harbison of the 15th.

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

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

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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 House substitute was as follows:
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 a short title; to provide for penalties; to provide for exceptions; to provide that certain statutory privileges shall not be available; to amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to change provisions relating to disclosure of medical records; to provide for a definition; 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. This Act shall be known and may be cited as the "Amirah Joyce Adem Act".
SECTION 2. 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, pierces, 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, piercing, 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, piercing, 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, a certified nurse midwife, 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

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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 religion, ritual, custom, nor standard practice shall be a defense to the offense of female genital mutilation. (e) The statutory privileges provided by Chapter 9 of Title 24 shall not apply to proceedings in which one of the parties to the privilege is charged with a crime against a female under the age of 18 years, but such person shall be compellable to give evidence only on the specific act for which the defendant is charged."
SECTION 3. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by adding a new paragraph to Code Section 24-9-41, relating to definitions in the disclosure of medical records, to read as follows:
"(6.1) 'Nurse' means a person authorized by license issued under Chapter 26 of Title 43 as a registered professional nurse or licensed practical nurse to practice nursing."
SECTION 4. Said title is further amended by striking Code Section 24-9-42, relating to the disclosure of medical records, and inserting in lieu thereof the following:
"24-9-42. The disclosure of confidential or privileged medical matter constituting all or part of a record kept by a health care facility, a nurse, or a physician, pursuant to laws requiring disclosure or pursuant to limited consent to disclosure, shall not serve to destroy or in any way abridge the confidential or privileged character thereof, except for the purpose for which such disclosure is made."
SECTION 5. This Act shall become effective on July 1, 2004, and shall apply to all offenses committed on or after such date.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Senator Unterman of the 45th asked unanimous consent that the Senate disagree to the House substitute to SB 418.
The consent was granted, and the Senate disagreed to the House substitute to SB 418 .

The Calendar was resumed.

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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.
Senate Sponsor: Senator Hamrick of the 30th.

Senators Zamarripa of the 36th, Mullis of the 53rd, Lee of the 29th, Meyer von Bremen of the 12th and Stokes of the 43rd offered the following amendment # 1:
Amend HB 1011 (LC 22 5329) by striking lines 1 and 2 of page 1 and inserting in its place the following: "To amend part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships, so as to provide that employees of certain organizations are considered residents of Georgia for purposes of the HOPE program; to add public and private schools". By inserting between lines 6 and 7 of page 1 the following:
"SECTION 1. Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships, is amended by adding a new Code section to read as follows:
'20-3-519.13. Any residency requirements established pursuant to this part shall provide, at a minimum, that full-time Georgia employees of international multilateral organizations based in Georgia that are recognized by the United States Department of State, and their spouses and dependents, shall be classified as residents of Georgia.'"
By renumbering Sections 1 and 2 as Sections 2 and 3 respectively.
Senators Mullis of the 53rd and Zamarripa of the 36th offered the following amendment #1a (AM 30 0137) to amendment # 1 to HB 1011:
Amend amendment # 1 to HB 1011 by strike on line 12 page 1 "international multilateral organizations" and adding Free Trade Area of the Americas (FTAA)
On the adoption of the amendment, the yeas were 33, nays 5, and the Mullis, Zamarripa amendment # 1a was adopted.

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On the adoption of the amendment, the yeas were 27, nays 6, and the Zamarripa, et al. amendment # 1 was adopted as amended.

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

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

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

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson
Johnson (PRS) Y Kemp,B Y Kemp,R
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
Thomas,N N Thomas,R Y Thompson Y Tolleson Y Unterman
Williams Y Zamarripa

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

HB 1011, having received the requisite constitutional majority, was passed as amended.

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

SB 281. By Senators Kemp of the 3rd, Tanksley of the 32nd, Harp of the 16th, Hooks of the 14th and Cheeks of the 23rd:

A BILL to be entitled an Act to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to prohibit the sale or offer for sale of a child by any parent or guardian of a child; to provide for penalties; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:

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A BILL TO BE ENTITLED AN ACT
To amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to prohibit the sale or offer for sale of a child by any person; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, is amended by striking in its entirety Code Section 19-8-24, relating to unlawful advertisements and inducements, and inserting in lieu thereof a new Code section to read as follows:
"19-8-24. (a) It shall be unlawful for any person, organization, corporation, hospital, or association of any kind whatsoever which has not been established as a child-placing agency by the department to:
(1) Advertise, whether in a periodical, by television, by radio, or by any other public medium or by any private means, including letters, circulars, handbills, and oral statements, that the person, organization, corporation, hospital, or association will adopt children or will arrange for or cause children to be adopted or placed for adoption; or (2) Directly or indirectly hold out inducements to parents to part with their children. As used in this subsection, 'inducements' shall include any financial assistance, either direct or indirect, from whatever source, except payment or reimbursement of the medical expenses directly related to the mothers pregnancy and hospitalization for the birth of the child and medical care for the child. (b) It shall be unlawful for any person to sell, offer to sell, or conspire with another to sell or offer to sell a child for money or anything of value, except as otherwise provided in this chapter. (b)(c) Any person who violates subsection (a) or (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not to exceed $10,000.00 or imprisonment for not more than ten years, or both, in the discretion of the court. (c)(d)(1) Paragraph (1) of subsection (a) of this Code section shall not apply to communication by private means, including only written letters or oral statements, by an individual seeking to:
(A) Adopt a child or children; or (B) Place that individuals child or children for adoption, whether the communication occurs before or after the birth of such child or children. (2) Paragraph (1) of subsection (a) of this Code section shall not apply to any communication described in paragraph (1) of this subsection which contains any

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attorneys name, address, telephone number, or any combination of such information and which requests any attorney named in such communication to be contacted to facilitate the carrying out of the purpose, as described in subparagraph (A) or (B) of paragraph (1) of this subsection, of the individual making such personal communication."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Kemp of the 3rd moved that the Senate agree to the House substitute to SB 281.

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

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

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

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

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 281.

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

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

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botany; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The House amendment was as follows:
Amend SB 423 by inserting after "botany;" on line 4 on page 1 "to provide that one member shall be appointed by the Speaker of the House of Representatives; to provide that one member shall be appointed by the Senate Committee on Assignments; to provide for the terms of office for members appointed by the Speaker of the House of Representatives and the Senate Committee on Assignments; to provide for a quorum;".
By striking lines 9 through 26 on page 1 and inserting in lieu thereof the following: "of the Stone Mountain Memorial Association, is amended by striking subsections (a) and (d) and inserting in lieu thereof new subsections (a) and (d) to read as follows:
'(a) The association shall be composed of the commissioner of natural resources or his or her designee, one member appointed by the Speaker of the House of Representatives, one member appointed by the Senate Committee on Assignments, and eight members to be appointed by the Governor, one of whom shall be a resident of the metropolitan Atlanta Stone Mountain area, one of whom shall be a member of the Sons of Confederate Veterans, and one of whom shall have a degree or background in botany. The members appointed by the Governor shall be appointed for terms of four years, with the beginning and ending dates of terms to be specified by the Governor, and until the appointment and qualification of their successors, except that the fourth member to be appointed by the Governor as provided for in this part shall be appointed for an initial term of three years and until the appointment and qualification of his or her successor, and except that the members of the association appointed by the Governor and in office on July 1, 1978 2004, shall continue in office until the expiration of the terms for which they were appointed and until the appointment and qualification of their successors, and except that the fifth member to be appointed by the Governor shall be appointed for an initial term beginning July 1, 1985, and ending December 31, 1987, and until the appointment and qualification of a successor. Appointments by the Governor to fill vacancies on the association shall be made for the unexpired term. Each member appointed by the Speaker of the House of Representatives and the Senate Committee on Assignments shall be appointed for a term of four years, with the beginning and ending dates of the term to be specified by the Speaker of the House of Representatives and the Senate Committee on Assignments, respectively, and until the appointment and qualification of his or her successors.' '(d) Any five six members of the association shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the association by this part. No vacancy on the association shall impair the right of a quorum to transact any and all business as aforesaid.'"

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Senator Henson of the 41st asked unanimous consent that the Senate disagree to the House amendment to SB 423.
The consent was granted, and the Senate disagreed to the House amendment to SB 423.
The Calendar was resumed.

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.

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

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

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

540

WEDNESDAY, MARCH 31, 2004 On the passage of the bill, the yeas were 50, nays 0. HB 1093, having received the requisite constitutional majority, was passed.

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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.

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

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

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

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HB 1107, having received the requisite constitutional majority, was passed.
The following bill was taken up to consider House action thereto:
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.
The House amendment was as follows:
Amend the Senate substitute to HB 1652 by striking the word "Metropolitan" and inserting in lieu thereof the word "Regional" on lines 1 and 15 of page 1; line 28 of page 2, and lines 11 and 12 of page 3.
By striking the word "Six" on line 1 of page 4 and inserting in lieu thereof the word "Eight".
By striking the word "One" on line 2 of page 4 and inserting in lieu thereof the word "Three".
Senator Unterman of the 45th asked unanimous consent that the Senate disagree to the House amendment to the Senate substitute to HB 1652.
The consent was granted, and the Senate disagreed to the House amendment to the Senate substitute to HB 1652.

The Calendar was resumed.

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

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while a child is restrained in a child passenger restraining system; and for other purposes.
Senate Sponsor: Senator Thomas of the 54th.

The Senate Health and Human Services Committee offered the following substitute to HB 1138:
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 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; 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:
PART I SECTION 1.
Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions for offenses against public health and morals, is amended by adding a new Code Section 16-12-2.1 to follow Code Section 16-12-2, relating to smoking in public places, to read as follows:
"16-12-2.1. (a) It shall be unlawful for any person to smoke tobacco in any form in the presence of a child who is in a child passenger restraining system in a passenger automobile, van, or pickup truck on a state highway, county road, or municipal street or on private property if the windows are closed preventing ventilation. (b) A person who violates subsection (a) of this Code section may be fined no more than $15.00; provided, however, the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof."

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PART II SECTION 2.
This part shall be known and may be cited as the "Georgia Smokefree Air Act of 2004."
SECTION 3. 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 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

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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. (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 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. (6.1) 'Local governing authority' means a county or municipal corporation of this

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state. (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, and hallways. 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. (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. (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 restaurant, including any business for which the sale of food or any other product or service is more than an incidental source of gross

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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.
16-12-182. All enclosed facilities of, including buildings and vehicles owned, leased, or operated by, the State of Georgia, its agencies and authorities, and any political subdivision of this state, including a county, a municipal corporation, or a local board or authority created by general, local, or special Act of the General Assembly, or by ordinance or resolution of the governing body of a county or municipal corporation individually or jointly with other political subdivisions of this state 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, but which shall not include stand-alone 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.

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16-12-184. (a) Except as provided for in subsection (c) of this Code section, smoking shall be prohibited in all enclosed facilities within places of employment, 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, 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. (c) This Code section shall not apply to private places of employment that have fewer than seven employees, except that smoking shall be prohibited in any public reception area of such place of employment. This exception shall not apply to restaurants.
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; (5) Outdoor areas of places of employment; (6) Any automobile or vehicle; and (7) Stand-alone bars.
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,

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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 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 agency or agencies designated by each local governing authority in this state. (b) Each local governing authority in this state that issues occupation tax certificates shall give notice of the provisions of this article to all recipients of occupation tax certificates. (c) Any citizen who desires to register a complaint under this article may initiate enforcement with the agency designated by a local governing authority for enforcement. (d) The health department and fire department of any local governing authority 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 governing authority 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

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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. (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 governing authorities or local ordinances prohibiting smoking which are more restrictive than this article or which are not in direct conflict with this article.
16-12-195. This article shall be liberally construed so as to further its purposes."
SECTION 4. Said chapter is further amended by repealing Code Section 16-12-2, relating to prohibited

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smoking in public places. This repeal shall not, however, abate the prosecution of any offense committed prior to July 1, 2004.
PART III SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Senators Smith of the 52nd and Thomas of the 54th offered the following amendment # 1:
Amend the Senate Health and Human Services Committee substitute to HB 1138 (LC 33 0465S) by striking "and" at the end of line 10 of page 7, striking the period at the end of line 11 of page 7 and inserting in its place "; and" and by inserting on line 12 of page 7 the following:
"(8) Smoking areas in airports, as such areas are designated by the airport operator, if such area is equipped with a ventilation system that exhausts tobacco smoke away from air intake ducts and is maintained under negative pressure with respect to surrounding areas sufficient to contain tobacco smoke within the smoking area."
On the adoption of the amendment, the yeas were 37, nays 2, and the Smith of the 52nd, Thomas of the 54th amendment # 1 was adopted.
Senator Thomas of the 54th offered the following amendment # 2:
Amend the Senate Health and Human Services Committee substitute to HB 1138 (LC 33 0465S) by inserting between lines 8 and 9 of page 7 the following:
"(4.1) Private and semiprivate rooms in hospitals that are occupied by one or more persons, all of whom have written authorization from a physician;"
On the adoption of the amendment, the yeas were 39, nays 0, and the Thomas of the 54th amendment # 2 was adopted.
Senator Thomas of the 54th offered the following amendment # 3:
Amend the Senate Health and Human Services Committee substitute to HB 1138 (LC 33 0465S) by striking lines 6 through 8 of page 7 and inserting in its place the following:
"(4) Designated areas of nursing homes and long-term care facilities if such designated areas meet local, state, and federal requirements. Bedridden patients in a nursing home or long-term care facility may smoke only under direct supervision of another person designated or approved by the administration of the nursing home or facility;"

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On the adoption of the amendment, the yeas were 31, nays 1, and the Thomas of the 54th amendment # 3 was adopted.

Senators Mullis of the 53rd and Tolleson of the 18th offered the following amendment # 4:

Amend the Senate Health and Human Services Committee substitute to HB 1138 (LC 33 0465S) by striking "and" at the end of line 10 of page 7, striking the period at the end of line 11 of page 7 and inserting in its place "; and" and by inserting on line 12 of page 7 the following:
"(8) Tobacco storage facilities and facilities of any leaf tobacco dealer, processor, manufacturer, distributor, importer, exporter, or wholesaler and any corporate office of such dealer, processor, manufacturer, distributor, importer, exporter, or wholesaler."

On the adoption of the amendment, the yeas were 37, nays 3, and the Mullis, Tolleson amendment # 4 was adopted.

Senator Smith of the 25th offered the following amendment # 5 to the substitute to HB 1138:

By striking the word "seven" from line 30 of page 6 and inserting in lieu the word "fifteen" and by striking the sentence "This exception shall not apply to restaurants." from line 31 of page 6.

On the adoption of the amendment, Senator Thomas of the 54th called for the yeas and nays; the call was sustained, 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 N Collins Y Crotts Y Dean N Fort Y Gillis

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

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

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Y Golden N Hall N Hamrick

N Price N Reed Y Seabaugh

Y Williams N Zamarripa

On the adoption of the amendment, the yeas were 28, nays 22, and the Smith of the 25th amendment # 5 was adopted.

Senator Thomas of the 54th moved that the Senate reconsider its action in adopting the Smith of the 25th amendment # 5.

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

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

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

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

On the motion, the yeas were 31, nays 23, the motion prevailed; and the Smith of the 25th amendment # 5 was reconsidered.

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

N Adelman N Balfour Y Blitch Y Bowen Y Brown

Y Harbison Y Harp
Henson Y Hill Y Hooks

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

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

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

On the adoption of the amendment, the yeas were 25, nays 27, and the Smith of the 25th amendment # 5 was lost.

On the adoption of the substitute, the yeas were 40, nays 3, and the committee substitute was adopted as amended.

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

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

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

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

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

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Y Hall Y Hamrick

Y Reed N Seabaugh

Y Zamarripa

On the passage of the bill, the yeas were 39, nays 13.

HB 1138, having received the requisite constitutional majority, was passed by substitute.

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

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.

Senator Crotts of the 17th asked unanimous consent that the Senate insist on its amendments to HR 132.

The consent was granted, and the Senate insisted on its amendments to HR 132.

The Calendar was resumed.

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.

Senate Sponsor: Senator Williams of the 19th.

The Senate Transportation Committee offered the following substitute to HB 1136:

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 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

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Authority; to provide for governance of the bank by the board of the authority; to provide for the functions of the bank in general and in particular with respect to the financing of transportation projects of government units and private entities contracting with government units; to define terms; to provide for the powers, duties, governance, and operations of the bank; to provide for capitalization of the bank and funding sources; to authorize the issuance of bonds by the authority for purposes of the bank; 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. Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, is amended by adding at its end a new Part 3 to read as follows:
"Part 3 32-10-120. This part shall be known and may be cited as the 'Georgia Transportation Infrastructure Bank Act.'
32-10-121. (a) There is created within the State Road and Tollway Authority an instrumentality of the state to be known as the Georgia Transportation Infrastructure Bank. (b) The bank shall be governed by the board of the State Road and Tollway Authority as provided in this chapter. (c) The corporate purpose of the bank is to assist in financing qualified projects by providing loans and other financial assistance to government units and private entities for constructing and improving highway and transportation facilities necessary for public purposes, including economic development. The exercise by the bank of a power conferred in this part is an essential public function. (d) The bank shall establish and maintain at least the four following accounts: state and local highway account, state and local transit account, federal highway account, and federal transit account.
32-10-122. As used in this part, unless the context clearly indicates otherwise, the term:
(1) 'Bank' means the Georgia Transportation Infrastructure Bank. (2) 'Board' means the board of the State Road and Tollway Authority. (3) 'Department of Transportation' means the Georgia Department of Transportation and its successors. (4) 'Eligible costs' means as applied to a qualified project to be financed from the federal highway accounts, the costs that are permitted under applicable federal laws, requirements, procedures, and guidelines in regard to establishing, operating, and providing assistance from the bank. As applied to a qualified project to be financed

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from the state and local highway account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right of way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, facilities, and other costs necessary for the qualified project. As applied to any qualified project to be financed from the federal transit account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right of way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, equipment, facilities, and other nonoperating costs necessary for the qualified project. As applied to any qualified project to be financed from the state and local transit account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right of way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, equipment, facilities, and other nonoperating costs necessary for the qualified project. (5) 'Eligible project' means a highway, including bridges, or transit project which provides public benefits by either enhancing mobility and safety, promoting economic development, or increasing the quality of life and general welfare of the public. The term 'eligible project' also includes mass transit systems including, but not limited to, monorail and monobeam mass transit systems. There may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad sidings and lead tracks, bridges, causeways, terminals for railroad, automotive, and air transportation, transportation facilities incidental to the project, and the dredging and improving of harbors and waterways, none of which foregoing descriptive words shall be construed to constitute a limitation. (6) 'Federal accounts' means, collectively, the separate account for federal highway funds and federal transit funds. (7) 'Financing agreement' means any agreement entered into between the bank and a qualified borrower pertaining to a loan or other financial assistance. This agreement may contain, in addition to financial terms, provisions relating to the regulation and supervision of a qualified project, or other provisions as the board may determine. The term 'financing agreement' includes, without limitation, a loan agreement, trust indenture, security agreement, reimbursement agreement, guarantee agreement, bond or note, ordinance or resolution, or similar instrument. (8) 'Government unit' means a municipal corporation, county, or other public body, instrumentality, or agency of state or local government, including combinations of two or more of these entities acting jointly to construct, own, or operate a qualified project, and any other state or local authority, board, commission, agency, department, or other political subdivision created by the General Assembly or pursuant to the Constitution and laws of this state which may construct, own, or operate a qualified project. (9) 'Loan' means an obligation subject to repayment which is provided by the bank to

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a qualified borrower for all or a part of the eligible costs of a qualified project. A loan may be disbursed in anticipation of reimbursement for or direct payment of the eligible costs of a qualified project. (10) 'Loan obligation' means a bond, note, or other evidence of an obligation issued by a qualified borrower. (11) 'Other financial assistance' includes, but is not limited to, grants, contributions, credit enhancement, capital or debt reserves for bonds or debt instrument financing, interest rate subsidies, provision of letters of credit and credit instruments, provision of bond or other debt financing instrument security, and other lawful forms of financing and methods of leveraging funds that are approved by the board, and in the case of federal funds, as allowed by federal law. (12) 'Private entity' means a private person or entity that has entered into a contract with a government unit to design, finance, construct, and operate an eligible project within the jurisdiction of the government unit responsible for complying with applicable federal requirements. (13) 'Project revenues' or 'revenues' means all rates, rents, fees, assessments, charges, and other receipts derived or to be derived by a qualified borrower from a qualified project or made available from a special source, and, as provided in the applicable financing agreement, derived from any system of which the qualified project is a part or from any other revenue producing facility under the ownership or control of the qualified borrower including, without limitation, proceeds of grants, gifts, appropriations and loans, including the proceeds of loans made by the bank, investment earnings, reserves for capital and current expenses, proceeds of insurance or condemnation and proceeds from the sale or other disposition of property and from any other special source as may be provided by the qualified borrower. (14) 'Qualified borrower' means any government unit or private entity which is authorized to construct, operate, or own a qualified project. (15) 'Qualified project' means an eligible project which has been selected by the bank to receive a loan or other financial assistance from the bank to defray an eligible cost. (16) 'State and local accounts' means, collectively, the separate account for state and local highway funds and state and local transit funds.
32-10-123. In administering the affairs of the bank, the board may exercise any or all of the powers granted to the authority under Parts 1 and 2 of this article, as well as the powers granted in this part. Without limiting the generality of the foregoing, the board is specifically authorized to issue bonds for the purposes of the bank, in the same general manner provided in Part 2 of this article.
32-10-124. (a) In addition to the powers contained elsewhere in this article, the board has all power necessary, useful, or appropriate to fund, operate, and administer the bank, and to perform its other functions including, but not limited to, the power to:

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(1) Have perpetual succession; (2) Adopt, promulgate, amend, and repeal bylaws, not inconsistent with provisions in this part for the administration of the bank's affairs and the implementation of its functions, including the right of the board to select qualifying projects and to provide loans and other financial assistance; (3) Sue and be sued in the name of the bank; (4) Have a seal and alter it at its pleasure, although the failure to affix the seal does not affect the validity of an instrument executed on behalf of the bank; (5) Make loans to qualified borrowers to finance the eligible costs of qualified projects and to acquire, hold, and sell loan obligations at prices and in a manner as the board determines advisable; (6) Provide qualified borrowers with other financial assistance necessary to defray eligible costs of a qualified project; (7) Enter into contracts, arrangements, and agreements with qualified borrowers and other persons and execute and deliver all financing agreements and other instruments necessary or convenient to the exercise of the powers granted in this part; (8) Enter into agreements with a department, agency, or instrumentality of the United States or of this state or another state for the purpose of planning and providing for the financing of qualified projects; (9) Establish:
(A) Policies and procedures for the making and administering of loans and other financial assistance; and (B) Fiscal controls and accounting procedures to ensure proper accounting and reporting by the bank, government units, and private entities; (10) Acquire by purchase, lease, donation, or other lawful means and sell, convey, pledge, lease, exchange, transfer, and dispose of all or any part of its properties and assets of every kind and character or any interest in it to further the public purpose of the bank; (11) Procure insurance, guarantees, letters of credit, and other forms of collateral or security or credit support from any public or private entity, including any department, agency, or instrumentality of the United States or this state, for the payment of any bonds issued by it, including the power to pay premiums or fees on any insurance, guarantees, letters of credit, and other forms of collateral or security or credit support; (12) Collect or authorize the trustee under any trust indenture securing any bonds to collect amounts due under any loan obligations owned by it, including taking the action required to obtain payment of any sums in default; (13) Unless restricted under any agreement with holders of bonds, consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest, or any other term of any loan obligations owned by it; (14) Borrow money through the issuance of bonds and other forms of indebtedness as provided in this article; (15) Expend funds to obtain accounting, management, legal, financial consulting, and other professional services necessary to the operations of the bank;

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(16) Expend funds credited to the bank as the board determines necessary for the costs of administering the operations of the bank; (17) Establish advisory committees as the board determines appropriate, which may include individuals from the private sector with banking and financial expertise; (18) Procure insurance against losses in connection with its property, assets, or activities including insurance against liability for its acts or the acts of its employees or agents or to establish cash reserves to enable it to act as a self-insurer against any and all such losses; (19) Collect fees and charges in connection with its loans or other financial assistance; (20) Apply for, receive, and accept from any source, aid, grants, or contributions of money, property, labor, or other things of value to be used to carry out the purposes of this part subject to the conditions upon which the aid, grants, or contributions are made; (21) Enter into contracts or agreements for the servicing and processing of financial agreements; (22) Accept and hold, with or without payment of interest, funds deposited with the bank by government units and private entities; and (23) Do all other things necessary or convenient to exercise powers granted or reasonably implied by this part. (b) The bank is not authorized or empowered to be or to constitute a bank or trust company within the jurisdiction or under the control of this state or an agency of it or the Comptroller of the Currency or the Treasury Department of the United States, or a bank, banker, or dealer in securities within the meaning of, or subject to the provisions of, any securities, securities exchange, or securities dealers' law of the United States or of this state.
32-10-125. (a) The following sources may be used to capitalize the bank and for the bank to carry out its purposes:
(1) Appropriations by the General Assembly; (2) Federal funds not already dedicated for another purpose and made available to the state specifically for this purpose and federal funds, including Surface Transportation Program and Congestion Mitigation and Air Quality funds, which may be made available to any government unit for purposes of financing qualified transit projects; (3) Contributions, donations, and deposits from government units, private entities, and any other source as may become available to the bank; (4) All moneys paid or credited to the bank, by contract or otherwise, payments of principal and interest on loans or other financial assistance made from the bank, and interest earnings which may accrue from the investment or reinvestment of the banks moneys; (5) Proceeds from the issuance of bonds as provided in this part; and (6) Other lawful sources not already dedicated for another purpose as determined appropriate by the board.

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(b) Without limiting the provisions of subsection (a) of this Code section, it is specifically provided that any local government may use the proceeds of any local motor fuel tax which may be hereafter made available by law for the purposes of this part, including without limitation the funding of eligible projects and contributions, donations, and deposits to the bank. (c) Neither the proceeds of the state motor fuel taxes nor any other state revenue source currently dedicated to any particular purpose or program shall be diverted to the bank. State tax revenues may not be appropriated or used to fund the bank. 32-10-126. (a) Earnings on balances in the federal accounts must be credited and invested according to federal law. Earnings on state and local accounts must be credited to the state and local highway account or state and local transit account that generates the earnings. The bank may establish accounts and subaccounts within the state and local accounts and federal accounts as considered desirable to effectuate the purposes of this part, or to meet the requirements of any state or federal programs. (b) For necessary and convenient administration of the bank, the board shall establish federal and state and local accounts and subaccounts within the bank necessary to meet any applicable federal law requirements or as the bank shall determine necessary or desirable in order to implement the provisions of this part. (c) The bank shall comply with all applicable federal laws and regulations prohibiting the commingling of certain federal funds deposited in the bank.
32-10-127. (a) The bank may provide loans and other financial assistance to a government unit or private entity to pay for all or part of the eligible costs of a qualified project. The term of the loan or other financial assistance shall not exceed the useful life of the project. The bank may require the government unit or private entity to enter into a financing agreement in connection with its loan obligation or other financial assistance. The board shall determine the form and content of loan applications, financing agreements, and loan obligations including the term and rate or rates of interest on a financing agreement. The terms and conditions of a loan or other financial assistance from federal accounts shall comply with applicable federal requirements. (b) The selection of which projects are eligible projects shall be in accordance with the procedure established under the provisions of Code Section 32-10-67 regarding the initiation of all projects by the authority. Preference must be given to eligible projects which have local financial support. A selected project must be included on an approved state-wide transportation improvement program or a comprehensive transportation plan pursuant to Code Section 32-2-3, which may include any local or regional transportation plans recognized and approved by the board.
32-10-128. (a) Qualified borrowers are authorized to obtain loans or other financial assistance from the bank through financing agreements. Qualified borrowers entering into

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financing agreements and issuing loan obligations to the bank may perform any acts, take any action, adopt any proceedings, and make and carry out any contracts or agreements with the bank as may be agreed to by the bank and any qualified borrower for the carrying out of the purposes contemplated by this part. (b) In addition to the authorizations contained in this part, all other statutes or provisions permitting government units to borrow money and issue obligations, including, but not limited to Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' may be utilized by any government unit in obtaining a loan or other financial assistance from the bank to the extent determined necessary or useful by the government unit in connection with any financing agreement and the issuance, securing, or sale of loan obligations to the bank. (c) A qualified borrower may receive, apply, pledge, assign, and grant security interests in project revenues to secure its obligations as provided in this part. A qualified borrower may fix, revise, charge, and collect fees, rates, rents, assessments, and other charges of general or special application for the operation or services of a qualified project, the system of which it is a part, and any other revenue producing facilities from which the qualified borrower derives project revenues to meet its obligations under a financing agreement or to provide for the construction and improving of a qualified project.
32-10-129. The bank is performing an essential governmental function in the exercise of the powers conferred upon it and is not required to pay taxes or assessments upon property or upon its operations or the income therefrom, or taxes or assessments upon property or loan obligations acquired or used by the bank or upon the income therefrom.
32-10-130. (a) If a government unit fails to collect and remit in full all amounts due to the bank on the date these amounts are due under the terms of any note or other obligation of the government unit, the bank shall notify the appropriate state officials who shall withhold all or a portion of the funds of the state and all funds administered by the state and its agencies, boards, and instrumentalities allotted or appropriated to the government unit and apply an amount necessary to the payment of the amount due. (b) Nothing contained in this Code section mandates the withholding of funds allocated to a government unit or private entity which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of a court binding on the state.
32-10-131. Neither the board nor any officer, employee, or committee of the bank acting on behalf of it, while acting within the scope of this authority, is subject to any liability resulting from carrying out any of the powers given in this part.

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32-10-132. Notice, proceeding, or publication, except those required in this part, are not necessary to the performance of any act authorized in this part nor is any act of the bank subject to any referendum.
32-10-133. Following the close of each state fiscal year, the bank shall submit an annual report of its activities for the preceding year to the Governor and make such report available to the General Assembly. The bank also shall submit an annual report to the appropriate federal agency in accordance with requirements of any federal program."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Williams of the 19th offered the following amendment:
Amend the substitute to HB 1136 by striking the word "board" on line 5 of page 1, line 1 of page 2, and line 14 of page 2 and inserting in their places the word "members".
By adding after the word "to" on line 3 of page 2 the words "select and".
By adding after the word and symbol "bridges," on line 1 of page 3 the following: "air transport, airport, rails,".
By striking the words "planning and" on line 15 of page 5.
By striking lines 26 and 27 of page 5 and inserting in their places the following: "security or credit support from any public or private entity or instrumentality of the United States or this state, for the payment of any bonds".
By adding after the word and symbol "state." on line 26 of page 6 the following: "The use of the word 'bank' in the Georgia Transportation Infrastructure Bank is required by federal law. For the express purpose as described in this part, the use of the word 'bank' in this part does not violate Code Section 7-1-243. In addition, all deposits taken by the bank shall contain a notice stating that the deposits are not insured by the Federal Deposit Insurance Corporation."
By striking the words "diverted to" on line 14 of page 7 and inserting in their place the words "used to capitalize".
By striking lines 4 through 10 of page 8 and inserting in their places the following: "(b) The selection of which eligible projects are to receive a loan or other financial assistance from the bank shall be in accordance with the following criteria:

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(1) Preference shall be given to eligible projects which have local financial support; (2) An eligible project shall be included on a state-wide transportation improvement program or a local or regional transportation plan by the board; and (3) Other criteria adopted by the board. (c) The selection of an eligible project to receive financial assistance from the bank, as defined in this part, neither constitutes the initiation of an authority project as established in Code Section 32-10-67, nor is considered an authority project, as defined in paragraph (5) of Code Section 32-10-60."

By adding after line 11 of page 9 the following: "(c) A mutual undertaking by a local government entity to borrow and an undertaking by the state or a state authority to lend funds from and to one another for highway, mass transit, and other transportation purposes pursuant to law shall be a provision for services and an activity within the meaning of Article IX, Section III, Paragraph I(a) of the Constitution of the State of Georgia."

On the adoption of the amendment, the yeas were 34, nays 7, and the Williams amendment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 32, nays 0, and the committee substitute was adopted as amended.

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

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

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

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

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

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Y Golden Y Hall Y Hamrick

Price Reed Y Seabaugh

Y Williams Y Zamarripa

On the passage of the bill, the yeas were 41, nays 8.

HB 1136, having received the requisite constitutional majority, was passed by substitute.

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.

Senate Sponsor: Senator Brush of the 24th.

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

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

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

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

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

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

HB 1167, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

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 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.

Senate Sponsor: Senator Price of the 56th.

Senators Crotts of the 17th, Williams of the 19th and Lamutt of the 21st offered the following amendment:

Amend House Bill 1428 by inserting on line 3 of page 1 after "programs;": "to provide for eligibility of students in home study programs for public school extracurricular programs;"

By inserting on line 9 of page 1 after "(3)": "and subsection (f)"

By inserting between lines 14 and 15 of page 1: "'(f) A student in a home study program complying with this Code section shall be eligible to participate in any extracurricular program of the public school that student would otherwise attend if the parent states in writing that the student is receiving a passing grade in the subjects being taught.'"

Senator Tate of the 38th requested a ruling of the Chair as to the germaneness of the amendment.

The President ruled the amendment germane.

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

N Adelman Balfour

N Harbison Y Harp

N Seay Y Shafer

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

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

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

On the adoption of the amendment, the yeas were 22, nays 25, and the Crotts, et al. 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 N Blitch Y Bowen Y Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean N Fort Y Gillis Y Golden

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

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

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Y Hall Y Hamrick

Reed Y Seabaugh

Y Zamarripa

On the passage of the bill, the yeas were 40, nays 10.

HB 1428, having received the requisite constitutional majority, was passed.

Senator Meyer von Bremen of the 12th asked unanimous consent that the following bill, having been placed on the Table on March 24, 2004, be taken from the Table:

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.

The consent was granted, and HB 1450 was taken from the Table and placed at the foot of the Senate Rules calendar for today.

The Calendar was resumed.

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.

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:

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

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

Y Seay N 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 N Williams Y Zamarripa

On the passage of the bill, the yeas were 44, nays 9.

HB 1526, having received the requisite constitutional majority, was passed.

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

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.

Senator Seabaugh of the 28th asked unanimous consent that the Senate insist on its amendments to HB 239.

The consent was granted, and the Senate insisted on its amendments to HB 239.

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

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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.
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to repeal certain provisions relating to registered public accountants; to provide that public accountants shall be certificated as certified public accountants; to change certain provisions relating to the membership of the State Board of Accountancy; to remove references to registered public accountants; to change certain provisions relating to use of titles and devices, false or fraudulent claims, and regulation of solicitation of employment; 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; to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to remove references to registered public accountants; to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, so as to remove references to registered public accountants; to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against health and morals, so as to remove references to registered public accountants; 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 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, is amended by striking subsection (b) of Code Section 43-3-3, relating to the members of the State Board of Accountancy, and inserting in lieu thereof a new subsection (b) to read

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as follows: "(b) The board shall consist of seven members, to be appointed by the Governor with the approval of the Senate. Each member of the board shall be a resident of this state. Five Six members of the board shall be certified public accountants, and one member shall be a registered public accountant, all of whom shall hold a permit to practice public accounting issued under Code Section 43-3-24. One member shall be appointed from the public at large and shall be a person to whom neither this state nor any other state has ever issued a certificate, registration, license, or permit to engage in the practice of public accounting. The person serving on the board on June 30, 2004, as a registered public accountant member of the board shall serve the remainder of the term to which such person was appointed as one of the certified public accountant members of the board."
SECTION 2. Said chapter is further amended by striking Code Section 43-3-13, relating to requirements for certificate of "registered public accountant," and inserting in its place the following:
"43-3-13. Notwithstanding any other provision of this chapter, on and after July 1, 2004, each registered public accountant who holds a live permit and who is in good standing shall be certificated as a certified public accountant. On and after July 1, 2004, the board shall not consider any application for a certificate of registered public accountant."
SECTION 3. Said chapter is further amended by repealing and reserving Code Section 43-3-14, relating to examinations for registered public accountants; Code Section 43-3-16, relating to certificate holder as "registered public accountant," list of registered public accountants, and periodic registration; Code Section 43-3-18, relating to reciprocity for registered public accountants; and Code Section 43-3-19, relating to persons holding registered public accountant certificates as of July 1, 1977.
SECTION 4. Said chapter is further amended by striking subsection (b) of Code Section 43-3-21, relating to registration requirements for firms of public accountants or certified public accountants, by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively, and by striking subsection (a) and inserting in its place the following:
"(a) A firm practicing public accountancy in this state shall register with the board as a firm of certified public accountants, provided it meets the following requirements:
(1) Each partner, member, or shareholder of the firm shall be a certified or registered public accountant of some state in good standing; (2) The firm shall be in compliance with all requirements and provisions of state law governing the organizational form of the firm;

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(3) The firm shall comply with all regulations pertaining to firms registered with the board; and (4) The resident manager of the office of the firm and each partner, member, or shareholder thereof personally engaged within this state in the practice of public accountancy shall be a certified or registered public accountant of this state in good standing."
SECTION 5. Said chapter is further amended by striking subsection (a) and paragraph (1) of subsection (b) of Code Section 43-3-24, relating to issuance of permits to practice accountancy and issuance of temporary permits to nonresidents, and inserting in their place the following:
"(a) A permit to engage in the practice of public accountancy in this state shall be issued by the division director, at the direction of the board, to each person who is certificated as a certified public accountant under Code Sections 43-3-6 through 43-312, registered as a public accountant under Code Sections 43-3-13 through 43-3-19, or registered as a foreign accountant under Code Section 43-3-20 who shall have furnished evidence, satisfactory to the board, of compliance with the requirements of Code Section 43-3-25, and to individuals and firms registered under Code Section 43-3-21, provided that such entities are maintained and registered as required under Code Sections 43-3-21 and 43-3-23. There shall be a biennial permit fee in an amount to be determined by the board."
"(1) An applicant for a temporary permit under this subsection shall show that he or she is duly licensed and authorized to practice as a certified public accountant or as a firm of certified public accountants or the equivalent in another state or as a registered public accountant or as a firm of registered public accountants or the equivalent in another state and shall give the name of each person who will be engaged in the practice of public accounting in this state in the performance of the professional engagement which is the subject of the application;"
SECTION 6. Said chapter is further amended by striking subsection (a) of Code Section 43-3-25, relating to continuing professional education requirements, and inserting in its place the following:
"(a) Every application for renewal of a live permit by any individual who is and has been certificated as a certified public accountant, registered as a registered public accountant, or registered as a foreign accountant by this state for one year or more shall be accompanied or supported by such evidence as the board shall prescribe of satisfactory completion of continuing professional education as provided in this Code section, provided that the board may relax or suspend requirements of continuing professional education in instances where an applicants health requires it or in instances of individual hardship."

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SECTION 7. Said chapter is further amended by striking the introductory language of subsection (a) of Code Section 43-3-28, relating to revocation, suspension, or refusal to renew certificate, registration, or permit and immunity, and inserting in its place the following:
"(a) After notice and hearing as provided in Code Section 43-3-30, the board may revoke or suspend any certification issued under Code Sections 43-3-6 through 43-3-12 or a registration issued under Code Sections 43-3-13 through 43-3-19 or under Code Section 43-3-20 or may revoke, suspend, or refuse to renew any live permit or may censure the holder of any such permit for any cause which the board may deem sufficient, including, without limiting the generality of the foregoing, any one or any combination of the following causes:"
SECTION 8. Said chapter is further amended by striking subsections (c) and (d) of Code Section 43-335, relating to use of titles or devices, false or fraudulent claims, and regulation of solicitation of employment, by redesignating subsections (f), (g), (h), and (i) as subsections (d), (e), (f), and (g), respectively, and by striking subsection (e) and inserting in its place the following:
"(e)(c) No individual, firm, or any other person or entity shall assume or use: (1) any title or designation likely to be confused with 'certified public accountant,' or 'public accountant,' including, without limiting the generality of the foregoing, 'certified accountant,' 'enrolled accountant,' 'licensed accountant,' 'licensed public accountant,' or 'registered accountant'; or (2) any abbreviation likely to be confused with 'C.P.A.,' or 'P.A.,' including, without limiting the generality of the foregoing, 'C.A.,' 'E.A.,' 'R.A.,' 'L.A.,' or 'L.P.A.,' provided that nothing in this subsection shall be construed to prohibit the use of the abbreviation 'P.A.' in accordance with Chapter 10 of Title 14, 'The Georgia Professional Association Act,' or Chapter 7 of Title 14, the 'Georgia Professional Corporation Act,' or any abbreviation authorized by Chapter 11 of Title 14, the 'Georgia Limited Liability Company Act'; and, provided, further, that a foreign accountant registered under Code Section 43-3-20 who holds a live permit and all of whose offices in this state for the practice of public accountancy are maintained and registered as required under Code Sections 43-3-21 and 43-3-23 may use the title under which he or she is generally known in his or her country, followed by the name of the country from which he or she received his or her certificate, license, or degree."
SECTION 9. Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, is amended by adding a new Code section at the end thereof, to be designated Code Section 43-10-20, to read as follows:
"43-10-20. (a) For the purposes of this chapter, the teachers and instructors of and courses of instruction or training in cosmetology operated by the Department of Corrections shall

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be considered to be subject to the same standards and to be part of the cosmetology programs that are approved by the Department of Technical and Adult Education or the Department of Education. (b) The board shall be required to test an inmate who is an applicant for a certificate of registration under this chapter who has completed successfully a cosmetology training program operated by the Department of Corrections. If such inmate passes the applicable written and practical examinations, the board shall issue the appropriate certificate of registration to such inmate."
SECTION 10. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by striking paragraph (14) of subsection (a) of Code Section 43-40-29, relating to exceptions to operation of chapter, and inserting in its place the following:
"(14) A licensed certified public accountant or registered public accountant acting solely as an incident to the practice of public accounting."
SECTION 11. Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, is amended by striking paragraph (2) of Code Section 7-1-1000, relating to definitions, and inserting in its place the following:
"(2) 'Audited financial statement' means the product of the examination of financial statements in accordance with generally accepted auditing standards by an independent certified public accountant or by an independent Georgia registered public accountant considered acceptable by the department, which product consists of an opinion on the financial statements indicating their conformity with generally accepted accounting principles."
SECTION 12. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against health and morals, is amended by striking subsection (j) of Code Section 16-1222.1, relating to raffles operated by nonprofit, tax-exempt organizations, and inserting in its place the following:
"(j) On or before April 15 of each year, every nonprofit, tax-exempt organization engaged in operating raffles shall file with the sheriff a report disclosing all receipts and expenditures relating to the operation of raffles in the previous year. The report shall be in addition to all other reports required by law. The report shall be prepared and signed by a certified or registered public accountant competent to prepare such a report and shall be deemed a public record subject to public inspection."

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SECTION 13. Said chapter is further amended by striking Code Section 16-12-59, relating to annual report to be filed with the director of the Georgia Bureau of Investigation by bingo game operators, and inserting in its place the following:
"16-12-59. On or before April 15 of each year, every nonprofit, tax-exempt organization engaged in operating bingo games shall file with the director a report disclosing all receipts and expenditures relating to the operation of bingo games in the previous year. The report shall be in addition to all other reports required by law. The report shall be prepared and signed by a certified or registered public accountant competent to prepare such a report and shall be deemed a public record subject to public inspection."

SECTION 14. This Act shall become effective on July 1, 2004.

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

Senator Seabaugh of the 28th asked unanimous consent that the Senate disagree to the House substitute to SB 449.

The consent was granted, and the Senate disagreed to the House substitute to SB 449.

The Calendar was resumed.

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 use 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.

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 Harbison Y Harp

Y Seay Y Shafer

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

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

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

On the passage of the bill, the yeas were 50, nays 1.

HB 1528, having received the requisite constitutional majority, was passed.

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.

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 Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens

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

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

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 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 52, nays 0.

HB 1547, having received the requisite constitutional majority, was passed.

Senator Johnson of the 1st asked unanimous consent that the following bills be dropped to the foot of the Rules Calendar:

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.

Senate Sponsor: Senator Hamrick of the 30th.

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.

Senate Sponsor: Senator Cagle of the 49th.

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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.
Senate Sponsor: Senator Bulloch of the 11th.
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.
Senate Sponsor: Senator Gillis of the 20th.
The consent was granted and HB 1582, HB 1615, HB 1766 and HB 1362 were dropped to the foot of the Rules Calendar.

The Calendar was resumed.
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

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Code of Georgia Annotated, so as to change the name "Office of Education Accountability" to "Office of Student Achievement"; and for other purposes.
Senate Sponsor: Senator Brush of the 24th.
The Senate Education Committee offered the following substitute to HB 1190:
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 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; to provide for rules and regulations; to authorize certain exemptions; 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 authorize waiver of certain provisions in order to improve student performance in specified circumstances; to provide for contents of the application for waiver; to provide for maximum duration of a waiver; to change certain provisions regarding effectiveness assessment; to change certain provisions regarding organization of schools; to delete a provision prohibiting the identification by name of any student in records stored at the state level; to prohibit identifying students and employees by social security number in violation of law; 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

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who is called as a witness for a disciplinary hearing; to delete certain provisions relating to disciplinary actions for children in kindergarten through grade five; to change certain provisions regarding legislative intent with respect to charter schools; to change certain provisions regarding petitions to establish charter schools; to revise provisions relating to petitions for charter schools and funding of charter schools; to provide for revised petitions that address deficiencies cited in the denial; to allow a petitioner seeking to create a start-up charter school to submit the petition to a local board or the state board; to change certain provisions regarding operation, control, and management requirements for charter schools; to provide for governance of charter schools; to provide for qualifications for members of governing boards; to provide a per pupil minimum for funding; to provide for negotiation; to provide for definitions relative to charter schools; to provide for payment for the charter schools portion of administrative costs; to provide for payment of funds to charter schools; to provide for allocation of state categorical program funds and federal funds; to require transportation; to provide for contracts for administrative and educational services; to provide for participation in bulk purchasing programs; to provide for a facilities fund; to provide for procedures relating to such fund; to provide for reversion of certain funds, property, and equipment; to provide for the terms of use by charter schools of certain surplus or unused property of local boards; to authorize the creation and operation of the Special K-12 Distance Learning School; to provide a definition relative to distance learning schools; 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 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 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 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 in Code Section 20-2-142, relating to prescribed courses, by striking subsection (a) and inserting in lieu thereof the following:
"(a)(1) All elementary and secondary schools which receive in any manner funds

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from the state shall provide the following course offerings in the manner and at the grade level prescribed by the State Board of Education in its quality core curriculum:
(A) A course of study in the background, history, and development of the federal and state governments. The course in the study of federal and state governments shall be supplemented in each high school by and a study of the local Georgia county and municipal governments; and (B) A course of study in the history of the United States and in the history of Georgia and in the essentials of the United States and Georgia Constitutions, including the study of American institutions and ideals. (2) No student shall be eligible to receive a diploma from a high school unless such student has successfully completed the courses in history and government provided for by this subsection, except as provided in paragraph paragraphs (3) and (4) of this subsection. For students moving to Georgia and unable to take the course or courses available to fulfill these requirements in the grade level in which such course or courses are ordinarily offered, the State Board of Education may develop alternative methods, which may include but shall not be limited to an online course of study, for such students to learn about and demonstrate an adequate understanding of federal or Georgia history and government. (3) Disabled students who are otherwise eligible for a special education diploma pursuant to subsection (c) of Code Section 20-2-281 shall not be denied this diploma if they have not successfully completed either or both of these courses; provided, however, that their Individualized Education Programs have not specified that the disabled students must enroll in and successfully complete both of these courses. (4) The State Board of Education shall promulgate rules and regulations governing the required course of study in the history of Georgia and in the essentials of the Georgia Constitution for students who transfer from another state after having completed the year in which such course or courses are ordinarily offered. The State Board of Education is authorized to provide for exemptions to the required course of study for such 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

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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. (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 teacherstudent 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:

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"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 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

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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 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

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reduced by that returned amount. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for staff development and professional development of certificated and instructional personnel which are not expended for this purpose may be expended only for staff development of noncertificated personnel employed by the local school system and the members of the local school board, for meeting certification requirements of personnel, and for administration and operation of the staff development and professional development programs authorized pursuant to subsection (h) of Code Section 20-2-182. (4) All funds earned pursuant to this article may be expended only for the operation of educational programs and services explicitly authorized under this article. (5) The budget of each local school system shall reflect all anticipated revenues from each source. The budget of each local school system shall designate all of such anticipated revenues among the several funds or accounts of the system and shall not leave any anticipated revenues undesignated. Except as otherwise provided in this paragraph, all amounts allocated to each fund or account and any existing balance in each fund or account shall be intended for expenditure within the budget year for the purposes of that fund or account. There shall be no fund or account in the nature of a 'surplus' or 'unobligated surplus' fund or account. Each local school system may, however, establish a single reserve fund or reserve account intended to cover 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

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operations, facility maintenance and operation, media center operation, school administration, system administration, staff development, or professional development. (2) The state board shall prescribe information that must be submitted to the state board and the time it must be submitted. In determining the information needed and the time for submission, the state board shall take into consideration the information and times identified by the Office of Education Accountability as necessary to the necessary for implementation of the accountability program provided for in Part 3 of Article 2 of Chapter 14 of this title. The state board is authorized to establish a financial review section for the limited purpose of reviewing financial records and accounting of local governing boards and assisting local units of administration in training personnel in financial and budgetary accounting. (c) The State Board of Education is authorized to prescribe a date by which each local unit of administration must submit a budget to the state board. The regulations developed by the state board must make adequate provision for local review and modification prior to local approval and submittal to the State School Superintendent. The State School Superintendent shall provide for the examination and preparation of a written report on the budget of each local unit and submit a copy to the state board and to the respective local unit of administration. The state board shall either accept or reject the budget of a local unit. (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 by striking subsection (i) of Code Section 20-2-182, relating to program weights, and inserting in lieu thereof the following:
"(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

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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 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 inserting the following:
"20-2-244.

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(a) The State Board of Education is authorized to waive specifically identified state rules, regulations, policies, and procedures, or provisions of this chapter, upon the request of a local school board and in accordance with this Code section. The goal for each waiver shall be improvement of student performance. (b) The State Board of Education is not authorized to waive any 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; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; or any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title. A school or school system that has received a waiver shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, 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 shall remain open to enrollment in the same manner as before the waiver request. (c) The provisions of this Code section shall not apply to charter schools. (d) The board shall require a written application for a waiver that shall include, as a minimum:
(1) Identification of the specific state rules, regulations, policies, and procedures, or provisions of this chapter that are requested for waiver; (2) A description of the policies and procedures the school or school system shall substitute for the waived state rules, regulations, policies, and procedures, or provisions; (3) A description of how the proposed waiver will improve student performance; (4) A description of the students who will be affected by the proposed waiver, including their estimated number, current performance, grade level, and any common demographic traits; (5) A list of schools by name that will be affected by the proposed waiver, and a description of each school, including current performance, grade levels, and demographic traits of the students of each such school; (6) Methods for collection of data, and for measuring and evaluating any change in student performance resulting from the proposed waiver; (7) The period of time for which the proposed waiver is requested and the proposed starting date; and (8) A resolution from the local school board approving the waiver request. (e) The State Board of Education may grant or deny a waiver request, or grant a waiver request subject to specified modifications in the waiver request. (f) A waiver may be granted in accordance with this Code section for any period of time not to exceed five years. The State Board of Education shall require reports regarding the effect of the waiver at least annually, and may require more frequent reports if necessary to monitor the effect of the waiver effectively. The State Board of Education shall report annually to the General Assembly regarding the waivers granted, the effect of each waiver, and any recommendations for legislative changes generated by successful waivers."

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SECTION 6. Said title is further amended by striking subsections (e) through (o) of Code Section 20-2281, relating to effectiveness assessment, and inserting in lieu thereof the following:
"(e) The State Board of Education is authorized to adopt rules, regulations, policies, and procedures regarding accommodations and the participation of limited-Englishproficient students, as defined in Code Section 20-2-156, in the assessments described in this Code section. (f) The State Board of Education shall adopt end-of-course assessments for students in grades nine through 12 for all core subjects to be determined by the state board. For those students with an Individualized Education Program, the students Individualized Education Program team shall determine appropriate participation in assessments and identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act. (f)(g) 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. (g)(h) The State Board of Education, through the Department of Education, shall administer the end-of-course assessments for core subject areas as defined by state board policy. The state board shall promulgate a schedule for the development and administration of all end-of-course tests by December 1, 2000. (h)(i) The Department of Education shall develop study guides for the criterionreferenced tests and end-of-course assessments administered pursuant to subsections (a) and (e) (f) of this Code section. Each school system shall distribute the study guides to students who do not perform satisfactorily on one or more parts of an assessment instrument administered under this Code section and to the parents or guardians of such students.
(i)(j)(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. (3) Local boards of education shall have the option of allowing scores on end-ofcourse assessments to be counted as part of a students grade in the course. (j)(k)(1) In addition to the assessment instruments adopted by the State Board of Education and administered by the Department of Education, a local school system may adopt and administer criterion-referenced or norm-referenced assessment

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instruments, or both, at any grade level. Such locally adopted assessment instruments may not replace the states adopted assessment instruments for purposes of state accountability programs, except as otherwise provided in paragraph (2) of this subsection. A local school system shall be responsible for all costs and expenses incurred for locally adopted assessment instruments. Students with Individualized Education Programs must be included in the locally adopted assessments or provided an alternate assessment in accordance with the federal Individuals with Disabilities Education Act. (2) The State Board of Education shall have the authority to grant waivers until Fiscal Year 2003 to local boards of education exempting said boards from the administration of the state criterion-referenced competency tests at any or all of the subject areas and grade levels for which the local board of education implements a locally developed criterion-referenced competency test or tests based on the Quality Core Curriculum which increases the expectations for student achievement beyond that of the applicable state criterion-referenced competency test or tests and meets all other requirements of this Code section, including reliability and validity requirements, with the exception of subsection (f) (g) of this Code section. Local boards of education with such waivers shall submit to the State Board of Education school and local school system score reports of the locally developed criterion-referenced competency tests. (k)(l) In adopting academic skills assessment instruments under this Code section, the State Board of Education or local school system shall ensure the security of the instruments in their preparation, administration, and scoring. Notwithstanding any other provision of law, meetings or portions of meetings held by the state board or a local board of education at which individual assessment instruments or assessment instrument items are discussed or adopted shall not be open to the public, and the assessment instruments or assessment instrument items shall be confidential. (l)(m) The results of individual student performance on academic skills assessment instruments administered under this Code section shall be confidential and may be released only in accordance with the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g. (m)(n) 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. (n)(o) Student performance data shall be made available to the public, with appropriate interpretations, by the State Board of Education, the Office of Education Accountability Student Achievement, and local school system. The information made available to the public shall not contain the names of individual students or teachers. (o)(p) Teachers in grades one through 12 shall be offered the opportunity to participate annually in a staff development program on the use of tests within the instructional program designed to improve students academic achievement. This program shall instruct teachers on curriculum alignment related to tests, disaggregated student test

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data to identify student academic weaknesses by subtests, and other appropriate applications as determined by the State Board of Education."
SECTION 7. 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 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,

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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 8. Said title is further amended by striking subsections (a) and (c) of Code Section 20-2320, relating to the state-wide comprehensive educational information network, and inserting in lieu thereof the following:
"(a) The Governor shall appoint a steering committee, which shall be named the Education Information Steering Committee, composed of representatives from the Department of Education, the Department of Technical and Adult Education, the Board of Regents of the University System of Georgia, the office of the Governor, the Office of Planning and Budget, the Department of Audits and Accounts, the Georgia Technology Authority, the Office of School Readiness, the Professional Standards Commission, the Office of Education Accountability Student Achievement, the State Data and Research Center at the Georgia Institute of Technology, the Georgia Public Telecommunications Commission, the Legislative Budget Office, and local school systems. The steering committee shall identify the data required to implement the Quality Basic Education Program on a fiscally sound basis and the data required to evaluate the effectiveness of the components of public education in Georgia. The steering committee shall identify data that shall be required from local units of administration, public libraries, public colleges and universities through the Board of Regents of the University System of Georgia, pre-kindergarten programs, the Professional Standards Commission, and postsecondary technical colleges and schools for the implementation of this article. Further, the steering committee shall develop a design for a state-wide comprehensive educational information system which will provide for the accurate, seamless, and timely flow of information from local and regional education agencies, units of the University System of Georgia, and technical schools and colleges to the state. The design shall include hardware, software, data, collection methods and times, training, maintenance, communications, security of data, and installation specifications and any other relevant specifications needed for the successful implementation of this system. No student shall be identifiable by name in that portion of the pre-kindergarten through grade 12 record stored at the state level, and any identification number shall be encoded to prevent unauthorized use of a students information; provided, however, that full-time equivalent student data collected pursuant to Code Section 20-2-160 shall be identifiable for audit purposes in

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separate files. The state-wide comprehensive educational information system shall not use a students social security number or an employees social security number in violation of state or federal law to identify a student or employee. The steering committee shall present such recommendations to the Education Coordinating Council. Upon approval of the boards of the respective education agencies, the steering committee shall issue appropriate requests for proposals to implement a state-wide comprehensive educational information system, subject to appropriation by the General Assembly. The State Data and Research Center, at the direction of the Education Coordinating Council and working through the steering committee, shall initiate contracts with appropriate vendors and local units of administration for the procurement of services, purchase of hardware and software, and for any other purpose as directed by the Education Coordinating Council, consistent with appropriation by the General Assembly." "(c) For the purpose of this article, authorized educational agencies shall be the Department of Education; the Office of School Readiness; the Board of Regents of the University System of Georgia; the Department of Technical and Adult Education; the Education Coordinating Council; the Professional Standards Commission; the State Data and Research Center and units under contract to the State Data and Research Center; the Office of Education Accountability Student Achievement; the education policy and research components of the office of the Governor; the Office of Planning and Budget; the Legislative Budget Office; the House Research Office; and the Senate Research Office. Any information collected over the state-wide comprehensive educational information system, including individual student records and individual personnel records, shall be accessible by authorized educational agencies, provided that any information which is planned for collection over the system but which is temporarily being collected by other means shall also be accessible by authorized educational agencies and provided, further, that adequate security provisions are employed to protect the privacy of individuals. All data maintained for this system shall be used for educational purposes only. In no case shall information be released by an authorized educational agency which would violate the privacy rights of any individual student or employee. Information released by an authorized educational agency in violation of the privacy rights of any individual student or employee shall subject the authorized educational agency to all penalties under applicable state and federal law. Any information collected over the state-wide comprehensive educational information system which is not stored in an individual student or personnel record format shall be made available to the Governor and the House and Senate Appropriations, Education, and Higher Education committees, except information otherwise prohibited by statute. Data which are included in an individual student record or individual personnel record format shall be extracted from such records and made available in nonindividual record format for use by the Governor, committees of the General Assembly, and agencies other than authorized educational agencies."
SECTION 9.

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Said title is further amended by striking subsection (b) of Code Section 20-2-690.1, 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. The school system shall notify such parent, guardian, or other person via certified mail, return receipt requested, after two previous attempts when the child has five unexcused days of absence. 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 10. Said title is further amended by inserting a new Code section to be designated Code Section 20-2-690.2 to read as follows:
"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

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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 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 and at least one local school board member from each public school system in the county and a school social worker, if feasible; (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 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

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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 11. Said title 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 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

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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 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 12. Said title 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 immediate threat to the safety of the students classmates or the teacher. Each school principal shall fully support the authority of every teacher in his or her school to remove a student from the classroom under this Code section, including establishing and disseminating procedures. 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."

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SECTION 13. Said title 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 received from other schools or from the juvenile courts or superior courts. Such information shall be kept confidential."
SECTION 14. Said title 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;

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(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, including threatened violence or sexual harassment as defined pursuant to Title IX of the Education Amendments of 1972; (5) Physical assault or battery of other students, including sexual harassment as defined pursuant to Title IX of the Education Amendments of 1972; (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 202-690.1; (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; (14) Willful and persistent violation of the student code of conduct; (15) Bullying as defined by Code Section 20-2-751.4; and (16) Marking, defacing, or destroying the property of another student. 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 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

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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 the authority of principals and teachers in the school system to remove a student from the classroom pursuant to Code Section 20-2-738, including establishing and disseminating procedures. 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 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 15. Said title 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,

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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 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

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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 16. Said title 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 (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

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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 17. Said title 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 by the school system 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 action imposed by such officer, panel, or tribunal may be suspended by the school superintendent pending the outcome of the appeal."
SECTION 18. Said title 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.

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(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 19. 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 20. 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:.
(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

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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 21. Said title is further amended by striking subsections (a) and (b) of Code Section 20-22064, relating to approval or denial of a charter petition, and inserting in lieu thereof the following:
"(a) A charter petitioner seeking to create a conversion charter school must submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a petition no later than 60 days after its submission unless the petitioner requests an extension; provided, however, that a denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial; and provided, further, that the local board shall not act upon a petition for a conversion charter school until such petition:
(1) Has been freely agreed to, by secret ballot, by a majority of the faculty and instructional staff members of the petitioning local school at a public meeting called with two weeks advance notice for the purpose of deciding whether to submit the petition to the local board for its approval; and (2) Has been freely agreed to, by secret ballot, by a majority of parents or guardians of students enrolled in the petitioning local school present at a public meeting called with two weeks advance notice for the purpose of deciding whether to submit the petition to the local board for its approval. (b) A charter petitioner seeking to create a start-up charter school must may submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a petition no later than 60 days after its submission unless the petitioner requests an extension. A denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial."
SECTION 22. Said title is further amended by striking Code Section 20-2-2064.1, relating to reviews of charter petitions by the state board and charters for state chartered special schools, and inserting in lieu thereof the following:
"20-2-2064.1. (a) The state board shall approve the charter of a charter petitioner if the petition has been approved by the local board of the local school system in which the proposed charter school will be located and the state board finds that the petition complies with the rules, regulations, policies, and procedures promulgated in accordance with Code Section 20-2-2063 and the provisions of this title and is in the public interest. If the state board denies a petition, it must within 60 days specifically state the reasons for the denial, list all deficiencies with regard to the rules, regulations, policies, and procedures

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established pursuant to Code Section 20-2-2063, and provide a written statement of the denial to the charter petitioner and to the local board. (b) No application may be made to the state board by a petitioner for a conversion charter school that has been denied by a local board. (c) Upon denial of a petition for a start-up charter school by a local board and upon application to the state board by the petitioner, A charter petitioner seeking to create a state chartered special start-up charter school shall submit a petition to the state board. the The state board shall approve the charter of a start-up charter petitioner for a state chartered special school if the state board finds that such petition meets the requirements set forth in the rules, regulations, policies, and procedures established pursuant to Code Section 20-2-2063 and the provisions of this title, and is in the public interest. A denial of a petition by the state board shall not preclude the submission to the state board of a revised petition that addresses deficiencies cited in the denial. If the state board denies a petition, it must within 60 days specifically state the reasons for the denial, list all deficiencies with regard to the rules, regulations, policies, and procedures established pursuant to Code Section 20-2-2063, and provide a written statement of the denial to the charter petitioner."
SECTION 23. 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 or in a charter, a charter school shall not be subject to the provisions of this title or any state or local rule, regulation, policy, or procedure relating to schools within an applicable school system regardless of whether such rule, regulation, policy, or procedure is established by the local board, the state board, or the 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;

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(4) Organized and operated as a nonprofit corporation under the laws of this state; provided, however, that this paragraph shall not apply to conversion charter schools any charter petitioner who is a local school or state or local public entity; (5) Subject to all federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; and the prevention of unlawful conduct; (6) Subject to all laws relating to unlawful conduct in or near a public school; (7) Subject to an annual financial audit in the manner specified in the charter; (8) Subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, and such provisions shall apply with respect to charter schools whose charters are granted or renewed on or after July 1, 2000; (9) Subject to all reporting requirements of Code Section 20-2-160, 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 24. Said title is further amended by striking Code Section 20-2-2068.1, relating to operational funding of charter schools, and inserting in lieu thereof the following:
"20-2-2068.1. (a) A local charter school shall be included in the allotment of QBE formula earnings, applicable QBE grants, applicable nonQBE state grants, and applicable federal grants to the local school system in which the local charter school is located under Article 6 of this chapter. The local board and the state board shall treat a conversion charter school no less favorably than other local schools located within the applicable local school system unless otherwise provided by law. The local board and the state board shall treat a start-up charter school no less favorably than other local schools within the applicable local system with respect to the provision of funds for instruction and school administration and, where feasible, transportation, food services, and building programs. (b) QBE formula earnings, applicable QBE grants, applicable nonQBE state grants, and applicable federal grants earned by a local charter school shall be distributed to the local charter school by the local board; provided, however, that state equalization grant earnings shall be distributed as provided in subsection (c) of this Code section. The local charter school shall report enrolled students in a manner consistent with Code Section 20-2-160. (c) In addition to the earnings set out in subsection (b) of this Code section local tax revenue shall be earned by a local charter school and calculated as follows:
(1) Determine the amount of funds earned by students enrolled in the local charter school as calculated by the Quality Basic Education Formula pursuant to Code

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Section 20-2-160; (2) Determine the amount of funds earned by all students in the public schools of the local school system, including any charter schools that receive local tax revenue, as calculated by the Quality Basic Education Formula; (3) Divide the amount obtained in paragraph (1) of this subsection by the amount obtained in paragraph (2) of this subsection; and (4) Multiply the quotient obtained in paragraph (3) of this subsection by the school systems local tax revenue. The product obtained in paragraph (4) of this subsection shall be the amount of local funds to be distributed to the local charter school by the local board; provided, however, that nothing in this subsection shall preclude a charter petitioner and a local board of education from specifying in the charter a greater amount of local funds to be provided by the local board to the local charter school if agreed upon by all parties to the charter. Local funds so earned shall be distributed to the local charter school by the local board. Where feasible and where services are provided, funds for transportation, food service programs, and construction projects shall also be distributed to the local charter school as earned. In all other fiscal matters, including applicable federal allotments, the local board shall treat the local charter school no less favorably than other local schools located within the applicable school system. (d) QBE formula earnings, applicable QBE grants, applicable nonQBE state grants, and applicable federal grants that are earned by a state chartered special school shall be distributed to the local board of the local school system in which the state chartered special school is located which shall distribute the same amount to the state chartered special school; provided, however, that a state chartered special school shall not be included in the calculation and distribution of the local school systems equalization grant unless the voters of the local school system have approved the use of local tax revenue to support the state chartered special school in accordance with subsection (e) of this Code section. If such approval has been given, state equalization grant earnings shall be earned for the state chartered special school and shall be distributed as provided in subsection (f) of this Code section. The local board shall not be responsible for the fiscal management, accounting, or oversight of the state chartered special school. The state chartered special school shall report enrolled students in a manner consistent with Code Section 20-2-160. Any data required to be reported by the state chartered special school shall be submitted directly by the school to the appropriate state agency. Where feasible, the state board shall treat a state chartered special school no less favorably than other public schools within the state with respect to the provision of funds for transportation and building programs. (e) The state board may require a local referendum of the qualified voters in the local school system in which the proposed state chartered special school will be located. Such referendum shall be held at the next regularly scheduled general election or as may otherwise be authorized at an earlier date by the local board or boards of education affected. Such referendum shall be held for the purpose of deciding whether the local board of education shall provide funds from school tax levies to support such state

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chartered special school or incur bonded indebtedness to support such state chartered special school or both. The ballot question shall be approved by the state board. (f) The local board shall treat a state chartered special school for which the use of funds from local bonded indebtedness and local school tax levies has been approved by qualified voters in the system in accordance with subsection (e) of this Code section no less favorably than other public schools located within the applicable school system. (g) The local board shall not distribute funds from local bond indebtedness and local school tax levies to a state chartered special school unless such use has been approved by qualified voters in accordance with subsection (e) of this Code section. (a) Each local charter school governing board or petitioner shall negotiate funding with its local board as a provision of its charter at a minimum of 95 percent of the local school boards expenditures per pupil for each pupil enrolled in the charter school. As used in this Code section, the term 'expenditures per pupil' includes expenditures of revenues from local taxation and bonds and from funds provided by the federal and state governments, and excludes funds for capital expenses. The local board may retain up to 5 percent of the expenditures per pupil for pupils enrolled in the charter school as payment for the charter schools portion of central administrative costs incurred by the local board. Each local charter school shall be included in the allotment of funds to the local school system in which the charter school is located. All federal, state, and local funds due to the local charter school shall be forwarded to the school from time to time as specified in the charter. (b) Each state chartered special school governing board or petitioner shall negotiate funding per pupil enrolled in the state chartered special school with the state board as a provision of its charter at a minimum of 100 percent of funds available for expenditure per pupil from state and federal funds, excluding capital expenses. (c) The state shall meet the financial obligations to state chartered special schools in accordance with this Code section; provided, however, that the state shall not be obligated to pay an amount greater than the per pupil state average as determined annually by the state board. The state board and the Department of Education shall have the joint responsibility to assess the funding needs of all state chartered special schools in the state and ensure that appropriate funds are included in the departments annual budget proposal. Payment of funds for the first month shall be sent directly from the department to state chartered special schools on July 1 of each fiscal year. All other payments shall be sent directly to state chartered special schools from time to time as specified in each such schools charter. (e) (d) The state board may require a local referendum of the qualified voters in the local school system in which the proposed state chartered special school will be located. Such referendum shall be held at the next regularly scheduled general election or as may otherwise be authorized at an earlier date by the local board or boards of education affected. Such referendum shall be held for the purpose of deciding whether the local board of education shall provide funds from school tax levies to support such state chartered special school or incur bonded indebtedness to support such state chartered special school or both. The ballot question shall be approved by the state board.

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(g) (e) The local board shall not distribute funds from local bond indebtedness and local school tax levies to a state chartered special school unless such use has been approved by qualified voters in accordance with subsection (e)(d) of this Code section. (f) Charter schools having students or programs that meet the eligibility criteria for state categorical program funds shall be entitled to their proportionate share of such funds. Any such funds shall be forwarded to each charter school as specified in such charter schools charter. (g) Each charter school shall provide transportation of charter school students within a reasonable distance of the charter school. As used in this Code section, the term 'a reasonable distance of the charter school' shall be determined by the charter but in any case shall be no greater than the largest busing area served by any school within the local school system where the charter school is located. The governing body of a local charter school may provide transportation through an agreement or contract with the local board, a private provider, or one or more parents. A local charter school and the local board shall cooperate in making arrangements that ensure that transportation is not a barrier to equal access for all students residing within a reasonable distance of the local charter school. A state chartered special school and the state board shall cooperate in making arrangements that ensure that transportation is not a barrier to equal access for all students residing within a reasonable distance of the state chartered special school. (h) If a charter school is located in a local school system that is providing programs or services to students that are funded by federal funds, such charter school shall receive federal funds for any eligible students enrolled in such charter school for the same level of service provided to eligible students in the schools operated by the local board. (i) State chartered special schools may elect to contract with the local board for the school system where the state chartered special school is located for any administrative and educational services. (j) If other goods and services are made available to a charter school through its charter, such goods and services shall be provided to the charter school at a rate no greater than the actual cost to the local board or state board. To maximize the use of state funds, the local board and state board shall allow charter schools to participate in their bulk purchasing program if applicable.
20-2-2068.2. (a) From moneys specifically appropriated for such purpose, the state board shall create a facilities fund for local charter schools and state chartered special schools for the purpose of establishing a per pupil, need based facilities aid program. (b) A charter school may receive moneys from the facilities fund if the charter school has received final approval from the local board or from the state board for operation during that fiscal year. (c) A charter schools governing body may use moneys from the facilities fund for the following purposes:
(1) Purchase of real property;

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(2) Construction of school facilities; (3) Purchase, lease-purchase, or lease of permanent or relocatable school facilities; (4) Purchase of vehicles to transport students to and from the charter school; and (5) Renovation, repair, and maintenance of school facilities that the charter school owns or is purchasing through a lease-purchase or long-term lease of five years or longer. (d) The Department of Education shall specify procedures for submitting and approving requests for funding under this Code section and for documenting expenditures. (e) Local boards are required to renovate, repair, and maintain the school facilities of charter schools in the district to the same extent as other public schools in the district if the local board owns the charter school facility. (f)(1) Prior to releasing moneys from the facilities fund, the Department of Education shall ensure that the governing board of the local charter school and the local board shall enter into a written agreement that includes a provision for the reversion of any unencumbered funds and all equipment and property purchased with public education funds to the ownership of the local board in the event the local charter school terminates operations. (2) Prior to releasing moneys from the facilities fund, the Department of Education shall ensure that the governing board of the state chartered special school and the state board shall enter into a written agreement that includes a provision for the reversion of any unencumbered funds and all equipment and property purchased with public education funds to the ownership of the state board in the event the state chartered special school terminates operations. (g) The reversion of property in accordance with subsection (f) of this Code section is subject to the complete satisfaction of all lawful liens or encumbrances. (h) Each local board of education that has designated any facility or property as surplus, intended for disposal, or otherwise unused shall make such facility or property available for lease or purchase by a local charter school on the same basis as it makes such facility or property available to other public schools under the control and management of the local board of education. A conversion charter school may not be charged a rental or leasing fee for the existing facility or for property normally used by the public school which became the conversion charter school. A local charter school that receives property from a local board may not sell or dispose of such property without the written permission of the local board."
SECTION 25. Said title is further amended by inserting a new article to be designated Article 32 to read as follows:
"ARTICLE 32
20-2-2100. As used in this article, the term 'distance learning school' means a school in which the

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teacher and the students may be in different locations for a majority of the time in which instruction occurs, and the teacher establishes the curriculum, all lesson plans, and all assessments in accordance with regulations promulgated by the State Department of Education.
20-2-2101. (a) The provisions of this article are enacted in accordance with the authority granted by Article VIII, Section V, Paragraph VII of the Georgia Constitution. (b) This article authorizes the State Board of Education and the State Department of Education to create a special school, the Special K-12 Distance Learning School, which shall be made available state wide for public school students in kindergarten and grades one through 12. The school may also be made available for students under age 21 who are in the physical custody of the Department of Juvenile Justice and the Department of Corrections. (c) The State Board of Education and the State Department of Education are authorized to provide for the creation, governing, and operation of the school through contract. (d) The State Board of Education is authorized to promulgate rules and regulations for the creation and operation of the Special K-12 Distance Learning School. Such rules and regulations shall ensure, in a manner consistent with the inherent differences between traditional education methods and the methods of a distance learning school, that students in the Special K-12 Distance Learning School receive instruction that complies to the extent feasible with the provisions of this title.
20-2-2102. The entity operating the Special K-12 Distance Learning School shall receive full QBE formula funds for each student enrolled and participating in the same manner as local boards of education receive such funds. The Special K-12 Distance Learning School shall report enrolled students and students attending in a manner consistent with Code Section 20-2-160. The rules promulgated by the State Board of Education may include procedures to ensure an accurate count of students enrolled and participating in the Special K-12 Distance Learning School.
20-2-2103. (a) Each teacher in the Special K-12 Distance Learning School shall hold and maintain a valid Georgia teaching certificate as defined by the Professional Standards Commission. (b) The Special K-12 Distance Learning School shall be subject to all reporting and accountability provisions in this chapter and Chapter 14 of this title."
SECTION 26. 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 lieu thereof the following:

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"(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 Section 20-14-8, under the supervision and oversight of the council."
SECTION 27. 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.

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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 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

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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. (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.

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(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 (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.

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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.
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.

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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 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

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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 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

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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 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.

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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 28. 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 20-2-212.3, relating to increasing teachers salaries in areas of shortage and criteria for determining shortage; (3) Code Section 20-2-283, relating to criteria and specific requirements for the development of a placement and promotion policy; (4) Code Section 20-2-286, relating to Georgia Closing the Achievement Gap Commission; (5) Code Section 20-14-6, relating to selection of personnel to support the Education Coordinating Council; (6) Code Section 20-14-8, relating to general powers and duties of the Education Coordinating Council; (7) Code Section 20-14-20, relating to definitions regarding education accountability assessment programs; (8) Code Section 20-14-25, relating to the creation of the Office of Education Accountability; (9) Code Section 47-3-127.1, relating to employment of retired teacher as full-time teacher; and (10) Code Section 50-18-72, relating to when public disclosure of government records is not required.
SECTION 29. 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

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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 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

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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 30. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 31. All laws and parts of laws in conflict with this Act are repealed.
Senator Thomas of the 2nd offered the following amendment # 1:
Amend the Committee Substitute to HB 1190 by striking line 14 of page 1 and inserting in lieu thereof the following:
"violation of law; to provide for a daily break for certain students; to provide that such break shall be considered academic instruction but not a part of the Quality Core Curriculum; to provide that the break shall not be a replacement for physical education; to provide for policies of local boards; to change penalties for failure to comply with compulsory attendance".
By inserting between lines 29 and 30 of page 17 the following:
"SECTION 9.

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Said title is further amended by inserting a new Code section to be designated Code Section 20-2-323 to read as follows:
'20-2-323. (a) Each local board of education shall schedule time for all students in kindergarten and grades one through eight to have a daily break period consisting of at least 15 minutes of supervised, unstructured activity time, preferably outdoors. The break required by this Code section shall be considered as academic instruction, but the break shall not be part of the Quality Core Curriculum and shall not be subject to requirements for the Quality Core Curriculum. The break shall not be a replacement for physical education or structured physical activity. (b) Local boards of education shall establish policies to ensure that the break is a safe experience for students, that recess is scheduled so that it provides a break during academic learning, and that recess is not used as reward or punishment on a regular basis.'"
By renumbering Sections 9 through 31 as Sections 10 through 32, respectively.
Senators Moody of the 27th and Smith of the 52nd offered the following amendment # 1a:
Amend Amendment #1 (AM 22 1101) to HB 1190 by striking on line 14 the word "shall" and replacing with the word "may".
by striking on line 16 the word "required" and replacing with the word "permitted"
by striking on line 21 the word "shall" and replacing with the word "may"
On the adoption of the amendment, the yeas were 39, nays 0, and the Moody, Smith of the 52nd amendment # 1a was adopted.
On the adoption of the amendment, the yeas were 45, nays 5, and the Thomas of the 2nd amendment # 1 was adopted as amended.
Senator Meyer von Bremen of the 12th offered the following amendment # 2:
Amend the Senate committee substitute to HB 1190 by striking from lines 7 and 8 of page 1 the following:
"to change certain provisions regarding program weights;", and inserting in lieu thereof the following:
"to change certain provisions relating to maximum class size for the 2004-2005 school year; to provide for automatic repeal;".
By striking lines 23 through 36 of page 9 and lines 1 through 37 of page 10 and inserting

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in lieu thereof the following: "SECTION 4.
Said title is further amended in Code Section 20-2-182, relating to program weights, maximum class sizes, reporting requirements, and the 2003-2004 school year, by striking subsections (i) and (k) and inserting in lieu thereof the following:
'(i) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article and the middle school program provided for in Code Section 20-2-290 the maximum number of students which may be taught by a teacher in an instructional period. Such maximum class sizes shall be equal to or greater than the teacher-student ratios used in the calculation of the program weights as set forth in subsection (b) of Code Section 20-2-161 but shall not exceed the funding class size by more than 20 percent, unless specifically authorized by the State Board of Education; provided, however, that in no case shall the 20 percent maximum be exceeded for mathematics, science, social studies, or English classes; provided, further, that the maximum class size for kindergarten and grades one through three shall not exceed 20 percent over the funding ratio except for art, music, or physical education classes; provided, further, that the maximum class size for special education, gifted, and English for speakers of other languages classes shall be set by the State Board of Education. For a period not to exceed four years, beginning with the 2000-2001 school year, local school systems shall be allowed to exceed the maximum class sizes set forth in this subsection in a manner consistent with State Board of Education rules. The State Board of Education shall lower the current maximum class sizes set by state board rules in effect for the 1999-2000 school year, beginning with the 2000-2001 school year, by a proportional amount each school year so that, beginning with the 2003-2004 school year, State Board of Education rules are in compliance with this subsection except as otherwise provided in subsection (k) of this Code section for the 2003-2004 and 20042005 school year years only. An aide may be used in programs to increase class size as allowed by State Board of Education rule, except that an aide shall not be used to increase the maximum class size in kindergarten or grades one through three, except as otherwise provided in subsection (k) of this Code section for the 2003-2004 and 20042005 school year years 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

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best interest of the local school systems programs as determined by the local boards of education.' '(k) For the 2003-2004 and 2004-2005 school year years, the maximum class sizes set by the State Board of Education for the 2002-2003 school year shall apply for grades four through 12. For the 2003-2004 and 2004-2005 school year years, the maximum class sizes set by the State Board of Education for the 2003-2004 school year shall apply to kindergarten and grades one through three, except that a kindergarten class may be increased to 20 students if a paraprofessional is present in addition to the certificated teacher. For the 2003-2004 and 2004-2005 school year years, compliance with maximum class size requirements shall be determined by the system average for kindergarten and for each grade and no class shall exceed the applicable maximum size by more than two students. Except as otherwise provided in this subsection, other provisions of this Code section shall apply. This subsection shall not be construed to repeal any other provision of this Code section or this chapter, or to apply to any period of time other than the two fiscal year years beginning July 1, 2003, and ending June 30, 2004 2005. This subsection shall be automatically repealed July 1, 2004 2005.'"

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

Y Adelman N Balfour Y Blitch Y 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 N Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh

Y Seay N Shafer Y Smith,F N Smith,P Y Squires 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 23, nays 33, and the Meyer von Bremen amendment # 2 was lost.

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Senators Clay of the 37th, Blitch of the 7th, Smith of the 25th, Butler of the 55th and Harbison of the 15th offered the following amendment # 3:
Amend the Senate Education Committee substitute to HB 1190 by inserting between "to" and "amend" on line 1 of page 1 the following:
"provide for certain salary increases for certain national certification; to"
By inserting after line 34 of page 3 the following:
"SECTION 1A. Said title is further amended by adding a new Code section immediately following Code Section 20-2-212.4 to be designated Code Section 20-2-212.5 to read as follows:
'20-2-212.5. (a) As used in this Code section, "national certification" means certification as a Nationally Certified School Psychologist from the National School Psychology Certification Board; a National Certified School Counselor from the National Board for Certified Counselors or the National Board for Professional Teaching Standards; a Certified School Social Worker Specialist from the National Association of Social Workers; or a Certificate of Clinical Competence from the American SpeechLanguage-Hearing Association in speech-language pathology or audiology for a speech pathologist or audiologist. (b) Any person who has earned national certification as a school psychologist, school counselor, school social worker, or speech pathologist or audiologist shall receive not less than a 10 percent increase in state salary annually upon:
(1) The completion of three years of satisfactory performance as a school psychologist, school counselor, school social worker, or speech pathologist or audiologist in a public school system in the state; (2) The commencement of the 2007-2008 school year if certification was earned prior to such school year; or (3) The commencement of the school year after earning such certification, if such certification is earned after the commencement of the 2007-2008 school year. (c) The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is eligible. (d) The 10 percent increase shall be computed based on the state salary for such person for the school year when the increase is first awarded and recomputed for each subsequent year based on the individuals state salary for that school year, provided that the person continues to hold national certification as a school psychologist, school counselor, school social worker, or speech pathologist or audiologist.'"
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

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Y Adelman N Balfour Y Blitch N Bowen Y Brown N Brush Y 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 Y Jackson N Johnson N Kemp,B Y Kemp,R Y Lamutt N Lee Y Levetan Y Me V Bremen N Moody N Mullis Y Price Y Reed N Seabaugh

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

On the adoption of the amendment, the yeas were 27, nays 29, and the Clay, et al. amendment # 3 was lost.

Senators Butler of the 55th and Thomas of the 10th offered the following amendment # 4:

Amend the Senate committee substitute to HB 1190 by striking line 33 of page 20 and inserting in lieu thereof the following:
"attendance officer or attendance officers; however, no certificated employee shall be required to serve as an attendance officer. Such school employees designated as attendance".

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

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

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

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

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

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

Y Tate N Thomas,D Y Thomas,N 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 Butler, Thomas of the 10th amendment # 4 was lost.

On the adoption of the substitute, the yeas were 44, nays 6, 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 Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean N Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Harbison Y Harp 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 N Reed Y Seabaugh

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

On the passage of the bill, the yeas were 45, nays 10.

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HB 1190, 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 Senate:

SB 253.

By Senators Hudgens of the 47th and Kemp of the 46th:
A BILL to be entitled an Act to amend Code Section 47-3-68 of the Official Code of Georgia Annotated, relating to membership of eligible university system employees in the Teachers Retirement System of Georgia, so as to provide that certain university system employees may elect membership in the optional retirement plan provided for in Chapter 21 of Title 47; to provide conditions; to provide for the transfer of employer and employee contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

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.

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

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Program; to provide for definitions; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.

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.

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.

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.

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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.

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.

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.

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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.

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

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.

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.

SR 787.

By Senator Stephens of the 51st:
A RESOLUTION designating the Michael B. Mundy Memorial Bridge; and for other purposes.

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SR 1025. By Senator Cheeks of the 23rd:
A RESOLUTION recognizing and commending Honorable Jack Connell and encouraging the Department of Transportation to place signs which indicate that the Riverwatch Parkway in Augusta, Georgia, is dedicated in honor of Honorable Jack Connell; and for other purposes.
Senator Stephens of the 51st moved that the Senate adjourn until 11:00 a.m., Thursday, April 1, 2004.
Senator Thompson of the 33rd objected.
Senator Thompson of the 33rd withdrew his objection.
The motion prevailed, and the President announced the Senate adjourned at 12:45 a.m.

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Senate Chamber, Atlanta, Georgia Thursday, April 1, 2004
Thirty-ninth Legislative Day
The Senate met pursuant to adjournment at 11:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following committee report was read by the Secretary:

Mr. President:

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

HB 669 HB 1127 HB 1312 HB 1364 HB 1365 HB 1366 HB 1495 HB 1538 HB 1606 HB 1650 HB 1659 HB 1675 HB 1752 HB 1756 HB 1774 HB 1778 HB 1780 HB 1781 HB 1786 HB 1794

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

HB 1798 HB 1801 HB 1810 HB 1816 HB 1817 HB 1818 HB 1819 HB 1821 HB 1822 HB 1823 HB 1824 HB 1825 HB 1826 HB 1829 HB 1831 SB 378 SB 379 SB 380 SB 545 SB 613

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

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HB 1796 Do Pass HB 1797 Do Pass

SB 628 Do Pass

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

Senator Thomas of the 2nd asked unanimous consent that Senator Kemp of the 3rd be excused. The consent was granted, and Senator Kemp 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 Harp of the 16th asked unanimous consent that Senator Crotts of the 17th be excused. The consent was granted, and Senator Crotts was excused.

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

Adelman Balfour Bowen Brown Brush Bulloch Butler Cagle Cheeks Clay Dean Fort Gillis Golden 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 Thomas,D Thomas,R Tolleson Unterman

Not answering were Senators:

Blitch (Excused) Kemp, R (Excused) Tate Williams

Collins Reed Thomas, N Zamarripa

Crotts (Excused) Tanksley Thompson

Senator Tate of the 38th was off the floor of the Senate when the roll was called and wishes to be recorded as present.

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The members pledged allegiance to the flag.
Senator Squires of the 5th introduced the chaplain of the day, Associate Pastor Caroline Kelly of Atlanta, Georgia who offered scripture reading and prayer.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following Bills of the Senate:
SB 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; to provide for submission under the federal Voting Rights Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
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.
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

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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.

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.

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.

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.

638

SB 610. SB 625. SB 626.

THURSDAY, APRIL 1, 2004

2545

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.
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.
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.

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

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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.
Senator Clay of the 37th introduced the doctor of the day, Dr. Terry Langford.
The following resolutions were read and adopted:
SR 1051. By Senator Kemp of the 3rd:
A RESOLUTION urging the board of commissioners of Bryan County to adopt a resolution expressing whether the board supports or opposes the conducting of a nonbinding, advisory referendum for the purpose of ascertaining whether the General Assembly should enact a homestead exemption from Bryan 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.
SR 1052. By Senator Kemp of the 3rd:
A RESOLUTION urging the board of education of Bryan County to adopt a resolution expressing whether the board supports or opposes the conducting of a nonbinding, advisory referendum for the purpose of ascertaining whether the General Assembly should enact a homestead exemption from Bryan County 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.
SR 1053. By Senator Brush of the 24th:
A RESOLUTION commending Bobby L. Christine; and for other purposes.
SR 1055. By Senator Brown of the 26th:
A RESOLUTION commending Alvin J. Copeland; and for other purposes.

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2547

SR 1056. By Senators Adelman of the 42nd, Henson of the 41st and Levetan of the 40th:
A RESOLUTION commending William Robert Sexson, M.D.; and for other purposes.
SR 1057. By Senator Smith of the 52nd:
A RESOLUTION commending Reatha Dempsey; and for other purposes.
SR 1058. By Senator Moody of the 27th:
A RESOLUTION commending Stephen Wieschhaus on attaining the rank of Eagle Scout; and for other purposes.
SR 1059. By Senator Moody of the 27th:
A RESOLUTION commending Anand Sekaran on attaining the rank of Eagle Scout; and for other purposes.
SR 1060. By Senator Moody of the 27th:
A RESOLUTION commending Gordon Panter on attaining the rank of Eagle Scout; and for other purposes.
SR 1061. By Senator Harbison of the 15th:
A RESOLUTION commending Reverend Emmett S. Aniton, Jr. and Dorothy Rigby Aniton; and for other purposes.
SR 1062. By Senator Harbison of the 15th:
A RESOLUTION commending Chris Jamison; and for other purposes.
SR 1063. By Senator Price of the 56th:
A RESOLUTION commending and recognizing Jody Alyssa Cohen on earning the Girl Scouts of America Gold Award; and for other purposes.
SR 1064. By Senators Clay of the 37th, Thompson of the 33rd and Lamutt of the 21st:
A RESOLUTION commending the Kennesaw State University men's basketball team; and for other purposes.

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SR 1065. By Senator Levetan of the 40th:
A RESOLUTION honoring and remembering the life of Mr. Walter McCurdy, Jr.; and for other purposes.
SR 1066. By Senator Levetan of the 40th:
A RESOLUTION recognizing Mr. Bruce Weinstein; and for other purposes.
SR 1067. By Senators Seabaugh of the 28th and Lee of the 29th:
A RESOLUTION honoring and remembering the life of Mr. Johnny Brown; and for other purposes.
SR 1068. By Senator Price of the 56th:
A RESOLUTION commending and recognizing Samantha Monique Melroy on earning the Girl Scouts of America Gold Award; and for other purposes.
SR 1069. By Senator Meyer von Bremen of the 12th:
A RESOLUTION commending the Randolph-Clay High School boys basketball team; and for other purposes.
SR 1070. By Senator Butler of the 55th:
A RESOLUTION commending Stephenson High School girls' basketball team; and for other purposes.
SR 1071. By Senator Bulloch of the 11th:
A RESOLUTION commending and congratulating Dr. Lee Myers; and for other purposes.
SR 1072. By Senator Tolleson of the 18th:
A RESOLUTION commending Bunn Logging, Inc., and recognizing its National Outstanding Logger of the Year award; and for other purposes.
SR 1073. By Senator Bulloch of the 11th:
A RESOLUTION commending and congratulating Dr. Lee Myers; and for other purposes.

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2549

SR 1074. By Senator Hooks of the 14th:
A RESOLUTION expressing congratulations and best wishes to Dorothy Olyra Thomas Rainey on the grand occasion of her 100th birthday; and for other purposes.
SR 1075. By Senators Johnson of the 1st, Stephens of the 51st and Meyer von Bremen of the 12th:
A RESOLUTION recognizing and commending the Sergeant at Arms and Doorkeepers for the 2004 Regular Session; and for other purposes.
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 Tanksley of the 32nd asked unanimous consent that he be excused from voting on the Local Consent Calendar pursuant to Senate Rule 175. The consent was granted, and Senator Tanksley was excused.
Senator Dean of the 31st asked unanimous consent that Senator Gillis of the 20th be excused. The consent was granted, and Senator Gillis was excused.

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

SENATE LOCAL CONSENT CALENDAR

Thursday, April 1, 2004 Thirty-ninth Legislative Day

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

SB 378

Lee of the 29th Brush of the 24th GRAY, CITY OF

A BILL to be entitled an Act to amend an Act incorporating the City of Gray, approved August 22, 1911 (Ga. L. 1911, p. 1267), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes

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2550 SB 379
SB 380
SB 545

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Hooks of the 14th Meyer von Bremen of the 12th Bowen of the 13th DOUGHERTY COUNTY
A BILL to be entitled an Act to amend an Act creating a board of commissioners of Dougherty County, approved March 4, 1941 (Ga. L. 1941, p. 834), as amended, particularly by an Act approved March 30,1993 (Ga. L. 1993, p. 4291), so as to change the description of the commission districts; to provide for definitions and inclusion; to provide for continuation in office of current members; to provide for elections; to provide for terms; to provide for submissions; to repeal conflicting laws; and for other purposes.
Hooks of the 14th Meyer von Bremen of the 12th Bowen of the 13th DOUGHERTY COUNTY
A BILL to be entitled an Act to amend an Act creating the Dougherty County school system, approved February 5, 1951 (Ga. L. 1951, p. 2233), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4749), so as to change the description of the education districts of the board of education of such school system; to provide for definitions and inclusions; to provide for elections; to provide for terms; to provide for submissions; to repeal conflicting laws; and for other purposes.
Clay of the 37th Thompson of the 33rd POWDER SPRINGS, CITY OF
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.

644

SB 628
HB 1127 HB 1312 HB 1495

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2551

Cagle of the 49th Hudgens of the 47th MADISON COUNTY
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 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.

Hill of the 4th BROOKLET, CITY OF
A BILL to provide a new charter for the City of Brooklet; and for other purposes.

Price of the 56th Moody of the 27th Levetan of the 40th ROSWELL, CITY OF
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.

Meyer von Bremen of the 12th DAWSON-TERRELL COUNTY
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.

645

2552 HB 1650
HB 1659
HB 1675

JOURNAL OF THE SENATE
Clay of the 37th Thompson of the 33rd Lamutt of the 21st Tanksley of the 32nd Tate of the 38th Collins of the 6th COBB COUNTY
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.
Clay of the 37th Thompson of the 33rd Lamutt of the 21st Tanksley of the 32nd Collins of the 6th Tate of the 38th COBB COUNTY
A BILL to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the deputy clerk of the superior court; and for other purposes.
Cagle of the 49th Jackson of the 50th GAINESVILLE, CITY OF
A BILL to amend an Act creating a new charter for the City of Gainesville 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.

646

HB 1752
HB 1756 HB 1774 HB 1778 HB 1780

THURSDAY, APRIL 1, 2004

2553

Hamrick of the 30th Dean of the 31st CARROLLTON BOARD OF EDUCATION
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. (SUBSTITUTE)
Stephens of the 51st BALL GROUND, CITY OF
A BILL to amend an Act entitled "An Act to provide a new charter for the City of Ball Ground," so as to change the corporate limits of the city by annexing certain property; and for other purposes.
Stephens of the 51st HOLLY SPRINGS, CITY OF
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.
Thomas of the 2nd Johnson of the 1st POOLER, CITY OF
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.
Hill of the 4th GUYTON, CITY OF
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.

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2554 HB 1781 HB 1786
HB 1794 HB 1796
HB 1797

JOURNAL OF THE SENATE
Hill of the 4th GUYTON, CITY OF
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.
Harp of the 16th Brown of the 26th Tolleson of the 18th MACON, CITY OF
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. (SUBSTITUTE)
Jackson of the 50th CARNESVILLE, CITY OF
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.
Jackson of the 50th Stephens of the 51st STEPHENS COUNTY
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.
Lamutt of the 21st WALESKA, CITY OF
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;

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HB 1801 HB 1810 HB 1816 HB 1817

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2555

to change certain provisions regarding council creation; and for other purposes.
Hudgens of the 47th BOWMAN, CITY OF
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.
Stephens of the 51st HOLLY SPRINGS, CITY OF
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.
Williams of the 19th Johnson of the 1st BRANTLEY COUNTY
A BILL to provide for an advisory referendum election to be held in Brantley County for the purpose of submitting to the qualified voters of the county the question of the manner in which the county should cause the collection and disposal of the county's residential waste; and for other purposes.
Hudgens of the 47th Kemp of the 46th Cagle of the 49th JACKSON COUNTY
A BILL to reconstitute the law governing the Jackson County School System; to provide for the repeal of the amendment to the Constitution providing for matters regarding the selection and service of members of the board of education of Jackson County and the school superintendent; to provide for matters regarding the future selection and service of members of the board of education of

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2556 HB 1818
HB 1819 HB 1822 HB 1823

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Jackson County and the school superintendent; to provide for a referendum; and for other purposes.
Brush of the 24th MITCHELL, TOWN OF
A BILL to provide a new charter for the Town of Mitchell; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; and for other purposes.
Harp of the 16th Seabaugh of the 28th Lee of the 29th PIKE COUNTY
A BILL to amend an Act creating the board of commissioners of Pike County, so as to clarify the duties, powers, and qualifications of the county manager; to provide for vacancies in the office of county manager; and for other purposes.
Cagle of the 49th Stephens of the 51st PICKENS COUNTY
A BILL to amend an Act to reconstitute the Pickens County Board of Education, so as to provide for certain per diem payments for members of the board; and for other purposes.
Moody of the 27th Price of the 56th ALPHARETTA, CITY OF
A BILL to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, so as to change the provisions relating to the compensation of the mayor and councilmembers; to provide for a referendum; to provide a contingent effective date; and for other purposes. (SUBSTITUTE)

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HB 1826 HB 1829 HB 1831

THURSDAY, APRIL 1, 2004

2557

Kemp of the 3rd Johnson of the 1st GLYNN COUNTY
A BILL to repeal that constitutional amendment duly ratified at the 1956 general election that was proposed by Res. Act No. 27; H.R. No. 59-163h; which continued said constitutional amendment in force and effect as part of the Constitution of the State of Georgia; and for other purposes.
Stephens of the 51st CLAYTON, CITY OF
A BILL to amend an Act reincorporating the City of Clayton, so as to change and extend the corporate limits of said city; and for other purposes.
Moody of the 27th Price of the 56th ALPHARETTA BUILDING AUTHORITY
A BILL to create the Alpharetta Building Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership of the authority and the members' terms of office, qualifications, duties, powers, ethical obligations, and compensation; and for other purposes.

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

SB 613

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

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2558 HB 669 HB 1364 HB 1365

JOURNAL OF THE SENATE
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.
Meyer von Bremen of the 12th CLAY COUNTY
A BILL to provide a homestead exemption from Clay County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 62 years of age or older; and for other purposes.
Smith of the 25th Crotts of the 17th PUTNAM COUNTY
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.
Smith of the 25th Crotts of the 17th PUTNAM COUNTY
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.

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HB 1538 HB 1798 HB 1821 HB 1824

THURSDAY, APRIL 1, 2004

2559

Crotts of the 17th Starr of the 44th Lee of the 29th Thomas of the 10th HENRY COUNTY
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.
Smith of the 52nd ROME, CITY OF
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.
Kemp of the 3rd Johnson of the 1st GLYNN COUNTY
A BILL to amend an Act providing for a base year assessed value homestead exemption from Glynn County 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; to allow such exemption to continue to be received by that unremarried surviving spouse; and for other purposes.
Dean of the 31st ROCKMART, CITY OF
A BILL to provide for a homestead exemption from City of Rockmart ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city age 65 and older; to provide for definitions; to specify the

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HB 1366 HB 1606

JOURNAL OF THE SENATE
terms and conditions of the exemption and the procedures relating thereto; and for other purposes.
Kemp of the 3rd Johnson of the 1st GLYNN COUNTY
A BILL to amend an Act providing for a base year assessed value homestead exemption from Glynn 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; to allow such exemption to continue to be received by that unremarried surviving spouse; and for other purposes.
Smith of the 25th Crotts of the 17th PUTNAM COUNTY
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.
Cagle of the 49th Hudgens of the 47th Jackson of the 50th Unterman of the 45th HALL COUNTY
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.

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

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THURSDAY, APRIL 1, 2004

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*HB 1752:
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1752:
A BILL TO BE ENTITLED AN ACT
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; to provide for meetings, officers, quorum, rules of procedure, voting requirements, abstention from voting, public meetings, public comments at meetings, and communication of minutes; to provide for the powers, duties, and responsibilities of the board; to restrict the powers of the board; to define terms; to provide for salaries and expenses of board members; to provide for vacancies; to provide for a superintendent and appointment, powers and duties, qualifications, and responsibilities of such officer; to provide for a general counsel; to provide for publication of performance levels and expenditures; to provide for the roles of the board and the superintendent; to prohibit certain practices by board members; to provide for disclosure of financial interests in contracts or matters pending before the board and of relatives employed by the school system; to prohibit use of school system property for personal benefit; to provide that contracts are voidable in certain circumstances; to provide for hearings; to provide for access to records; to provide for determination of a millage rate and for limitations and levy of such millage rate and election relating thereto; to provide for transmittal of taxes to the board; to provide for loans and additional revenue sources; to provide for budgeting procedures; to provide that unlawful obligations are void; to provide for continuance of officers and employees; to continue existing rules, contracts, bonds, obligations, rights, and interests; to provide for construction; to repeal specific Acts; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INDEPENDENT SCHOOL SYSTEM
SECTION 1-101. Independent school system.
In accordance with the laws of the State of Georgia, the Carrollton Independent School System (hereinafter at times referred to as the "Carrollton school system") shall be continued as an independent school system, created by the General Assembly and the provisions of this Act and preceding Acts, which shall be under the management and

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control of the Carrollton Board of Education (hereinafter referred to as the "board"). Except as provided herein, the school system and the board shall be subject to the general laws of the state.
ARTICLE II BOARD OF EDUCATION
SECTION 2-101. Composition.
The Carrollton Board of Education shall be composed of six members elected as provided in this Act.
SECTION 2-102. Elections; election wards.
(a) The Board of Education of the City of Carrollton which existed on December 31, 2003, is continued in existence. The board so continued shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to the effective date of this Act. (b) Those members of the board from Election Wards 2, 3, and 5 who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members for terms of office which expire December 31, 2005, and upon the election and qualification of their respective successors. Those members of the board from Election Wards 1, 4, and 6 who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members for terms of office which expire December 31, 2007, and upon the election and qualification of their respective successors. (c) For purposes of electing members of the board, the City of Carrollton School District is divided into six election wards. The election wards under this Act shall be constituted identically to those election wards for the board as existed on January 1, 2004. (d) One member of the board shall be elected from each election ward specified in subsection (c) of this section. In order to be elected as a member of the board from an election ward, a person must receive a majority of votes cast for that office or a run-off election shall be held as provided by general law. A member of the board of education must reside within the election ward from which he or she is selected and shall be elected by the electors residing within that election ward. (e) Successors to members of the board whose terms of office are to expire shall be elected at the time of the general municipal election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (f) All members of the board who are elected thereto shall be nominated and elected in

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accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2-103. Organization; officers; quorum; rules;
voting requirements; meetings.
(a) Organizational meeting. At the first regular meeting of the board in January following each regular election, the board shall organize and take their oaths of office. (b) Officers. At its first regular meeting in January of each year, the board shall elect a chairperson, a vice chairperson, and a treasurer by a majority vote of its members. The chairperson, vice chairperson, and treasurer shall serve for a term of one year and can be reelected to such position thereafter. (c) Quorum. Four members of the board shall constitute a quorum for the transaction of business, although a smaller number may adjourn from time to time and compel the attendance of its members. (d) Rules. The board shall adopt rules of procedure governing the transaction of its business consistent with the provisions of this Act and any other applicable laws. The rules of the board shall provide for regular meetings which shall be held at least monthly and in accordance with the provisions of Code Section 20-2-58 of the O.C.G.A., as now or hereafter amended, and shall provide for any special meetings of the board. (e) Voting requirement.
(1) The affirmative vote of a majority of the board shall be required for the passage of any resolution; provided, however, that a majority of a quorum of the board may take official action in regards to disciplinary matters related to appointed officers or employees of the Carrollton school system. (2) No member of the board shall abstain from voting at any duly called board meeting except in matters involving consideration of his or her own conduct, matters which would inure to his or her financial or personal interests, or matters which would be a conflict of interest as provided in Article 3 of this Act. Such board member shall, prior to the vote being taken, publicly state during the meeting the nature of his or her interest in the matter from which he or she is abstaining from voting and shall within ten days of such abstention disclose the nature of his or her interest as a public record in a memorandum filed with the board secretary who shall incorporate the memorandum into the minutes of the meeting. (f) Meetings. All meetings of the board and any of its committees shall be public in the same manner and to the same extent as required by Chapter 14 of Title 50 of the O.C.G.A., relating to open and public meetings, as now or hereafter amended, and any citizen shall have access to the minutes and records thereof at reasonable times. Said minutes shall include a synopsis of the discussion on every question coming before the board and any of its committees, and the names of those board members voting for and against each question, those abstaining, and those absent. (g) Public comment. The meetings of the board and its committees shall provide a reasonable opportunity for the public to be heard during such meetings of the board or its

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committees. The board shall prescribe rules and regulations for the receipt of such comments from the public.
SECTION 2-104. Powers, duties, responsibilities, and restrictions.
(a) The board shall: (1) Have and exercise control and management of the Carrollton school system in accordance with the provisions of this Act and the Constitution and general laws of the state. The board is hereby vested with all the powers and charged with all the duties provided to local boards of education by the general laws of the state; (2) Provide all students with textbooks and furnish educational or instructional materials, resources, and equipment adequately to such students; (3) Adopt by resolution rules and regulations related to the manner and method of employing, disciplining, and terminating any employees of the school system; (4) Adopt by resolution rules and procedures related to the procurement of supplies, equipment, goods, and services for the school system; (5) Adopt by resolution rules and regulations for the governance of students, including the discipline, suspension, or expulsion of students, in accordance with due process; (6) Hear appeals from actions of the superintendent of schools and other personnel; (7) Approve an annual budget for the Carrollton public school system and provide for the levy of a tax for educational purposes as provided in this Act; (8) Approve school attendance zones; (9) Have the authority to sue and be sued as a school district in the name of the Carrollton Independent School System; (10) Have the power to purchase, sell, rent, or lease property, both real and personal, in the name of the Carrollton Independent School System with the title to any property purchased being vested solely in the school system to the extent that such property was acquired directly by the board through funds of the school system; (11) Have the authority to enter into contracts with any person, firm, corporation, or governmental unit or agency for the performance of educational services or the use of educational facilities; (12) Adopt rules for the manner and extent the public is permitted to use buildings under its control, which rules shall make available all such buildings which may be needed or required for voting purposes on election days; (13) Approve the superintendents recommendation to hire or dismiss school system staff, provided that such recommendations can be rejected by the board only with a three-fourths vote of the board. Notwithstanding this provision, a majority vote of the board is sufficient to reject the superintendents recommendation, if a majority vote is required to comply with the provisions of Code Section 20-2-942 of the O.C.G.A.; and (14) The board may call an executive session as provided by law. Executive sessions

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shall not exclude the superintendent unless a discussion of the superintendent is the subject of the executive session. (b) The board shall not: (1) Employ one of its members for any position in the school system; (2) Do business with a partnership or corporation owned in whole or part by a board member or a relative of a board member, unless the stock of the firm is publicly traded and there are more than 75 stockholders; or (3) Do business with a bank or financial institution where a board member is an employee, stockholder, director, or officer when such member owns 10 percent or more stock in that institution. (c) Any board member whose relative is being considered for employment shall not vote on such employment. (d) As used in this Act, the word "relative" shall mean an individual who is related to the elected official, appointed officer, or employee as father, mother, son, daughter, brother, sister, husband, wife, grandfather, grandmother, grandchild, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law; any other relative living in the household of the elected official, appointed officer, or employee; a person who is engaged to be married to the elected official, appointed officer, or employee or who otherwise holds himself or herself out as or is generally known as the person whom the elected official, appointed officer, or employee intends to marry or with whom the elected official, appointed officer, or employee intends to form a household, or any other natural person having the same legal residence as the elected official, appointed officer, or employee.
SECTION 2-105. Salary and expenses of board members.
Members of the board shall receive the salary and expenses as provided by general law.
SECTION 2-106. Vacancies; filling of vacancies.
(a) The office of a board member shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may be hereafter enacted. (b) In case a vacancy occurs in the membership of the board of education by death, resignation, removal from the city or removal from the ward from which a member is chosen, or otherwise, the remaining members of the board shall elect a member to fill the vacancy until the next regular election, when the voters shall choose a successor for the remainder of the term.
SECTION 2-107. Superintendent of schools.
(a) The board shall appoint as its executive officer a school superintendent who shall

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have such qualifications as provided by law. The board shall provide the superintendent with a contract for employment for a fixed term as provided for under Code Section 20-2101 of the O.C.G.A., as amended. The person serving as superintendent of the board on the day this Act becomes effective shall continue to serve as such superintendent for the term of such persons contract, and upon the expiration of such term the board may enter into a new contract with that person or any other person who meets the qualifications for such office. (b) The superintendent shall have the power and duties assigned by the laws of the state and such other powers and duties as are assigned by this Act or by the board. (c) The superintendent need not be a resident of the school district at the time of his or her appointment but during his or her term in office shall reside within that district. (d) The superintendent shall be responsible for reporting to the board any legal or financial matter that requires board action or attention, including matters that may violate board policy or state or federal laws, or that may subject the school system to legal liability, a loss of state or federal funds, or a loss of its eligibility to receive such funds.
SECTION 2-108. General counsel for board and school system.
A general counsel shall be appointed and, if necessary, removed by the superintendent, with the advice and consent of the board. Such appointment of the general counsel may be by a contract authorized by the board. The general counsel shall serve as the chief legal adviser to the board and the school system.
SECTION 2-109. Publication of performance levels and expenditures.
(a) Whenever comprehensive reading examinations or other performance tests are administered to students, parents and guardians may obtain reports of their childs or wards performance. (b) All such test scores and performance summaries thereof, except the names of students, shall be public records. (c) The performance level of each school shall be measured according to a recognized method or methods of testing or evaluation on at least an annual basis and shall be a public record.
SECTION 2-110. Roles of board and superintendent.
(a) In addition to the other powers and obligations provided by this Act and applicable state laws, the board is responsible for discussing and deliberating a variety of issues, and then:
(1) Hiring, evaluating, and, if necessary, dismissing the superintendent. As part of this

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process, the school board shall enter into a contract with a superintendent that includes explicit goals and performance standards along with the criteria to be used in evaluating the superintendents performance against those goals and standards; (2) Adopting a vision for the district after participating, under the leadership of the superintendent, in a process to create the vision. The process will involve gaining input from individuals within the school system, such as administrative staff, principals, teachers, parents, and students, and individuals outside the school system, such as business people, higher education officials, social service providers, and community members. The vision includes district-wide student learning goals as well as long-range and strategic plans for meeting the goals; (3) Adopting district-wide academic content and performance standards. These standards must meet or exceed the academic content and performance standards adopted by the state; (4) Creating district-wide measures for the district-wide academic content and performance standards. These measures must include state-wide tests; (5) Adopting district-wide policies that support an environment for quality improvement and progress for all decision makers in the district, as well as for students; (6) In partnership with the superintendent, tracking progress toward and keeping attention focused on the student learning goals and the academic content and performance standards and measures. This shall be done on a district-wide basis and on a school-by-school basis; (7) Approving an annual district budget, prior to the start of the school year, that identifies priorities and goals and that aligns the districts resources to achieve the district-wide student learning goals and district-wide academic content and performance standards and measures and to ensure that school facilities meet health and safety code requirements; (8) Approving a policy that determines the minimum dollar amount for contracts that require school board approval; (9) After seeking, receiving, and deliberating upon community input, approving plans for closing, selling, renovating, and building school facilities; and (10) Each year, developing, in concert with the superintendent, the priorities for the school system for the upcoming year. (b) Subject to the limitations contained in this Act, the superintendent, either directly or through a designee, is responsible for: (1) Leading a process, in cooperation with the board, to create the vision for the district that involves gaining input from individuals within the school system, such as administrative staff, principals, teachers, parents, and students, and individuals outside the school system, such as business people, higher education officials, social service providers, and community members. The vision includes district-wide student learning goals as well as long-range and strategic plans for meeting the goals. The vision must be formally adopted by the board; (2) Developing an annual budget that aligns the districts resources to achieve the

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district-wide student learning goals and district-wide academic content and performance standards and measures and to ensure that school facilities meet health and safety code requirements, and submitting it to the school board for its adoption; (3) Deciding which instructional areas will receive priority attention, and maintaining the focus, and keeping school-site decisions focused, on these areas; (4) Working with each schools staff to define instructional objectives, design the curriculum, and engage in professional development, using student performance data as the basis for these decisions; (5) In partnership with the board, tracking progress toward and keeping attention focused on the standards and measures that are adopted by the board. This shall be done on a district-wide basis and on a school-by-school basis; (6) After adoption of policies by the board, providing a supportive environment for quality improvement and progress for all decision makers in the district, as well as for students; (7) Tailoring and leading the provision of assistance to the districts low-performing schools; (8) Hiring, evaluating, and, if necessary, dismissing school system employees; (9) Implementing strategies to involve parents and community members in the district and to create partnerships between the district and public and private organizations; and (10) Each year, developing, in concert with the board, the priorities for the school system for the upcoming year.
ARTICLE III ETHICS AND PROHIBITED PRACTICES
SECTION 3-101. Disclosures.
Any elected official, appointed officer, or employee of the school system who has any financial interest, directly or indirectly, in any contract or matter pending before or within any office, department, or agency of the school system shall disclose such interest in writing to the board. Any board member who has a financial interest in any contract or matter pending before the board shall disclose such interest, in writing, and such disclosure shall be entered on the records of the board. The disclosure of any salary received by a board member from the school system or any entity doing business with the school system may be accomplished by naming the entity and position held by the board member with such entity. Interest and dividends from entities doing business with the school system which are listed on a national stock exchange or have more than 100 stockholders do not have to be disclosed. Likewise, the disclosure of any salary received by an immediate relative of the board member may be accomplished by naming the relative and the position held. The board member also shall disqualify himself or herself from participating in any decision or vote relating thereto.

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SECTION 3-102. Use of public property.
No elected official, appointed officer, or employee of the school system shall use property of the school system for personal benefit or profit except in accordance with policies and procedures promulgated by the board.
SECTION 3-103. Contracts voidable and rescindable.
Any contract between the Carrollton school system and another party shall be voidable or rescindable at the discretion of the board at any time if any elected official, appointed officer, or employee has any interest in such contract and does not disclose such interest in accordance with the provisions within this article.
ARTICLE IV REVENUE AND FINANCE
Chapter 1 General Provisions SECTION 4-101. Taxation for educational purposes.
(a) The board of education for the public school system for the City of Carrollton shall annually certify to the mayor and council of the City of Carrollton a school tax not greater than 20 mills per dollar for the support and maintenance of education. That mayor and council shall annually levy the tax amount so certified upon the assessed value of all taxable property within the City of Carrollton school district unless:
(1) The tax amount certified before July 1, 2005, exceeds 16.5 mills per dollar in which event the tax amount levied shall be 16.5 mills per dollar; or (2) The tax amount certified on or after July 1, 2005, exceeds 18.5 mills per dollar, in which event the tax amount so certified shall be levied only if it previously has been approved in a referendum as provided in subsection (b) of this section. (b) Only in the event that on or after July 1, 2005, the board of education of the City of Carrollton certifies to the mayor and council of that city a school tax that exceeds 18.5 mills per dollar, and such levy has not been approved previously in a referendum pursuant to this subsection, that mayor and council shall require the election superintendent of the City of Carrollton to call and conduct an election as provided in this subsection, unless prohibited by the federal Voting Rights Act of 1965, as amended. That election shall be for the purpose of submitting the amount certified for such levy to the electors of the City of Carrollton school district for approval or rejection. The election superintendent shall conduct that election on the earliest date therefor permissible under Code Section 21-2-540 of the O.C.G.A. and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause

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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 Carroll County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the school tax of (amount certified) mills per dollar which was certified by the board of education of the City of Carrollton be approved and levied by the mayor and council of that city?"

All persons desiring to vote for approval of the school tax amount certified shall vote "Yes," and all persons desiring to vote for rejection of the school tax amount certified shall vote "No." If more than one-half of the votes cast on such question are for approval of the school tax amount certified, the amount of the tax certified and so approved shall be levied by the mayor and council of the City of Carrollton upon the assessed value of all taxable property within the City of Carrollton school district. If the school tax amount certified is not so approved or if the election is not conducted as provided in this section, the school tax amount certified shall not be levied by the mayor and council of the City of Carrollton and the amount of the school tax levied the immediately preceding year shall be levied instead. The expense of such election shall be borne by the City of Carrollton. It shall be the election superintendents duty to certify the result thereof to the Secretary of State. (c) The provisions of this section shall control over any conflicting local law to the contrary enacted prior to 2004.
SECTION 4-102. Transmittal of taxes and other funds to the board.
(a) Tax collection officer. In accordance with state law, the applicable tax collection officer shall transmit to the board any and all ad valorem taxes assessed and collected on behalf of the city for the support and maintenance of public education, less any costs related to the tax assessment and collection and the amount of any interest and sinking fund charges on outstanding general obligation bonds. (b) City of Carrollton. The City of Carrollton shall remit to the board any funds received for the school system within 45 days after receipt; such funds shall be used to maintain and expand the public school system.
SECTION 4-103. Loans for operating expenses.
(a) The board may obtain loans for operating expenses in accordance with the laws of the state. (b) The board may request the Carrollton City Council to negotiate loans to supply deficiencies in yearly operating expenses of the school system, during any year, in such amounts as may be determined by the board. However, any such loan requested by the

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board and negotiated by the city shall not exceed 50 percent of the anticipated tax revenue for the year levied for educational purposes. In lieu of borrowing money on behalf of the board, the city may advance to the board such amounts as may be required for such purposes. (c) The board shall provide for a sum sufficient to repay the loans or advances of moneys made by the city, together with the interest thereon, to be deducted from ad valorem taxes levied and collected for educational purposes during the year in which the loan was negotiated or an advance of moneys was made by the city. (d) In order for the board to obtain a loan or an advance as provided in this section, the board shall pass a resolution authorizing the money to be borrowed or advanced by the city, in which resolution shall be stated the amount of money to be borrowed or advanced, the length of time it is to be used, for what purpose borrowed, and from whom it is to be borrowed, which resolution shall be recorded on the minutes of the meetings of the board.
SECTION 4-104. Additional sources of revenue.
In the event any additional sources of revenue shall be authorized by law for educational purposes, the board shall have the power, as the case may be, to recommend or provide for the lawful collection and appropriation of such revenues for use by the school system.
Chapter 2 Budget
SECTION 4-201. Procedures.
The board shall conduct its budgeting procedures in the same manner as required of local governments in Article 1 of Chapter 81 of Title 36 of the O.C.G.A., relating to local government budgets and audits.
SECTION 4-202. Unlawful obligations void.
The board shall incur no obligation in excess of the annual budget and such other special appropriations as may be lawfully made and shall incur no liability except as authorized by such budget or appropriation. Any such liabilities attempted to be incurred shall be void in law and equity.
ARTICLE V GENERAL PROVISIONS
SECTION 5-101. Continuance of officers and employees.

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The current terms of office of all elected and appointed officials and officers of the Carrollton school system and its agencies, serving on the effective date of this Act, shall not be diminished and shall continue in full force and effect.
SECTION 5-102. Existing rules and regulations continued in effect.
Existing rules and regulations of the Carrollton Board of Education and the Carrollton Independent School System, and departments and agencies thereof, not inconsistent with the provisions of this Act, shall be effective until they have been repealed, modified, or amended.
SECTION 5-103. Pending matters.
All contracts, orders, leases, bonds, and other obligations or instruments entered into by the Carrollton Board of Education for the benefit of the Carrollton Independent School System prior to the effective date of this Act shall continue in effect according to the terms thereof.
SECTION 5-104. Existing rights and interests.
(a) Any rights or interests, public or private, vested in whole or in part on the effective date of this Act, whose validity might be sustained or preserved by reference to any provisions of law repealed by this Act, shall not be affected by this Act. This subsection shall not apply to any right or interest in any elective public office not conferred by this Act. (b) Any rights or interests, public or private, derived from, or which might be sustained or preserved in reliance upon, action taken pursuant to or within the scope of any provision of law repealed by this Act, shall not be affected by this Act.
SECTION 5-105. Construction.
(a) The captions to the several sections of this Act are informative only and are not to be construed as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. (d) "School district" means the City of Carrollton School District. (e) "City" means the City of Carrollton.

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SECTION 5-106. Specific repealer.
An Act establishing a system of public schools for the City of Carrollton, approved November 26, 1886 (Ga. L. 1886, p. 306), and all amendatory Acts thereto, are repealed in their entirety.
SECTION 5-107. Severability.
If any article, section, subsection, paragraph, sentence, or part thereof of this Act, or the application thereof to any person or circumstance, should be declared invalid for any reason whatsoever, such decision shall not affect or impair the remaining portions of this Act, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held invalid, and to this end, the provisions of this Act and the applications thereof are hereby declared to be severable.
SECTION 5-108. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5-109. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted.
*HB 1786:
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1786:
A BILL TO BE ENTITLED AN ACT
To provide for the creation of one or more community improvement districts in the City of Macon; to provide for a short title; 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; to provide for the appointment and election of members of said board or boards; to provide for taxes, fees, and assessments; to provide for establishment of the boundaries

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of said district or districts; to provide for a tax cap; to specify conditions whereby the continued existence of the district or districts or the continued existence of any one or more of the powers granted to the district or districts may be terminated; to provide procedures for termination of the district or districts; to provide for the alteration of district boundaries and the practices, procedures, and requirements related thereto; to provide for debt of said district or districts; to provide for cooperation with local governments; to provide for powers of said boards; to provide for notes and other obligations of said district or districts; to provide for authorized contents of agreements and instruments of the board generally, use of proceeds of notes or other obligations, and subsequent issues of notes or other obligations; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolution; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act shall be referred to as the "City of Macon Community Improvement District Act."
SECTION 2. Purpose.
The purpose of this Act shall be to provide enabling legislation for the creation of one or more community improvement districts within the City of Macon, and such district or districts may be created for the provision of some or all of the following governmental services and facilities as provided and authorized by Article IX, Section VII of the Constitution of the State of Georgia and the resolution activating each district as it now exists or hereafter amended or supplemented as provided for by law, including, but not limited to:
(1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices and services to control the flow of traffic on streets and roads or services in connection therewith; (2) Parks and recreational areas and facilities and services; (3) Public transportation, including, but not limited to, services intended to reduce the volume of automobile traffic, to transport two or more persons in conveyances, to improve air quality, and to provide bicycle and pedestrian facilities and the operation of a traffic management association or similar entity and services; (4) Terminal and dock facilities and parking facilities and services; and (5) Such other services and facilities as may be provided for by general law or as the Georgia Constitution may authorize or provide now or hereafter.

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SECTION 3. Definitions.
As used in this Act, the term: (1) "Agricultural" means the growing of crops for sale or the raising of animals for sale or use, including the growing of field crops, fruit or nut trees, the raising of livestock or poultry, and the operation of dairies, horse boarding facilities, and riding stables. (2) "Board" means the governing body created for the governance of a community improvement district herein authorized. (3) "Caucus of electors" means the meeting of electors hereinafter provided for at which the elected board members of the district are elected. A quorum at such caucus shall consist of those electors present, and a majority of those present and voting is necessary to elect board members. No proxy votes may be cast. (4) "City council" means the city council of the City of Macon. (5) "City governing authority or body" means the city council and the mayor. (6) "District" means the geographical area designated as such by the resolution of the governing body of the City of Macon consenting to the creation of the community improvement district or districts or as thereafter modified by any subsequent resolution of the governing body or bodies within which the district is or is to be located, or a body corporate and politic being a community improvement district created and activated pursuant hereto, as the context requires or permits. (7) "Electors" means the owners of real property within the given district which is subject to taxes, fees, and assessments levied by the board, as they appear on the most recent ad valorem real property tax return records of Bibb County, or one officer or director of a corporate elector, one trustee of a trust which is an elector, one partner of a partnership elector, or one designated representative of an elector whose designation is made in writing to the Bibb County tax commissioner and the city clerk of the City of Macon at least ten days prior to an election. An owner of property that is subject to taxes, fees, or assessments levied by the board shall have one vote for an election based on numerical majority. An owner of multiple parcels has one vote, not one vote per parcel, for an election based on numerical majority. Multiple owners of one parcel have one vote for an election based on numerical majority which must be cast by one of their number who is designated in writing. (8) "Equity electors" means electors who cast votes equal to each $1,000.00 value of all owned real property within the given district which is then subject to taxes, fees, and assessments levied by the board. Value of real property shall be the assessed value. (9) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree farming operation. The term does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting of trees may occur

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thereon. (10) "Hereby," "herein," "hereunder," and "herewith" mean under this Act. (11) "Mayor" means the mayor of the City of Macon. (12) "Project" means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements, including operation of facilities or other improvements, located or to be located within or otherwise providing service to the district and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvements for the purposes set forth in Section 2 of this Act. (13) "Property owner" or "owner of real property" means any entity or person shown as a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records of Bibb County within the district as certified by the Bibb County tax commissioner. (14) "Property used nonresidentially" means property or any portion thereof used for neighborhood shopping, planned shopping centers, general commercial, transient lodging facilities, tourist services, office or institutional, office services, light industry, heavy industry, central business district, parking, or other commercial or business use or vacant land zoned or approved for any of the aforementioned uses which do not include residential. (15) "Residential" means a specific structure, work, or improvement undertaken primarily to provide either single family or multifamily dwelling accommodations for persons and families of four units or less, and for which an application for homestead exemption has been filed and accepted. (16) "Taxpayer" means an entity or person paying ad valorem taxes on real property, whether on one or more parcels of property within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole. (17) "Value" or "assessed value" of property means the values established in the most recent ad valorem tax reassessment of such properties certified by the chairperson of the Bibb County Board of Tax Assessors.
SECTION 4. Creation.
Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created one or more community improvement districts to be located in the City of Macon, Georgia, wholly within the incorporated area thereof, which shall be activated upon compliance with the conditions set forth in this section. Each district, if more than one are implemented, shall be governed as directed by this Act. The conditions for such activation shall be:
(1) The adoption of a resolution consenting to the creation of the community

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improvement district or districts by the governing authority for the City of Macon and imposing such conditions on the projects and activities which may be undertaken as will ensure their compatibility with adopted city policies and planning for the area; and (2) The written consent to the creation of the community improvement district by:
(A) A majority of the owners of real property within the given district which will be subject to taxes, fees, and assessments levied by the board of the given district; and (B) The owners of real property within the given district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the Bibb County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to such proposed district. The district or districts or respective board or boards created under this Act shall not transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State and with the city clerk of the City of Macon, who shall each maintain a record of the district activated under this Act. Nothing contained herein shall limit the ability of the governing authority of the City of Macon to implement more than one community improvement district so long as the requirements hereof and of the Georgia Constitution are satisfied. The provisions of this Act shall be construed so as to provide for the independent application and exercise of all powers for each district contained herein including the ability to levy taxes as outlined herein as separately and independently authorizing and empowering such separate community improvement districts created hereby. Nothing contained herein shall require the governing authority of the City of Macon to create more than one community improvement district, or to require the creation of a new district if the district boundaries of an existing district are changed, added to, supplemented, or modified.
SECTION 5. Administration, appointment, and election of board members.
Each district created pursuant hereto shall be administered either by the governing authority or by a board as prescribed under this Act. In the event that a district is to be governed by such a board, the board shall be composed of a minimum of seven board members to be appointed and elected as hereinafter provided:
(1) Two board members shall be appointed by the mayor of the City of Macon, and confirmed by a majority of the city council, one of whom shall be a member of the city council, to serve in posts 6 and 7. Three board members shall be elected by the vote of electors, and two members shall be elected by the vote of equity electors. The members representing the electors and equity electors shall be elected to serve in post positions 1 through 5, respectively. Each elected board member must receive a

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majority of the votes cast for the post for which he or she is a candidate. Votes for posts 1 and 2 shall be cast by electors, and votes for posts 3, 4, and 5 shall be cast by the equity electors. The initial term of office for the members representing posts 1 and 3 shall be one year. The initial term of office for the members representing posts 2 and 5 shall be two years, and the initial term of office of the members representing post 3 shall be three years. Thereafter, all terms of office shall be for four years, except the appointed board members who shall serve at the pleasure of the appointing body which appointed him or her. Elected board members shall be subject to recall in the same manner as elected. (2) The initial board members to be elected as provided in paragraph (1) of this section shall be elected in a caucus of electors which shall be held within 120 days after the adoption of the resolution by the City of Macon consenting to the creation of the district, and the obtaining of the written consents herein provided at such time and place within the district as the City of Macon shall designate after notice thereof shall have been given to said electors by publishing same in the legal organ of Bibb County as hereinafter provided. Thereafter, there shall be conducted annually, not later than 120 days following the last day for filing ad valorem real property tax returns in Bibb County, a caucus of said electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those board member positions whose terms expire or are vacant. If a vacancy occurs in an elected position on the board, the board shall, within 60 days thereof, call a special election to fill the same to be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. For any election held hereunder, notice thereof shall be given to said electors by publishing notice thereof in the legal organ of Bibb County at least once each week for four weeks prior to such election. (3) Board members shall receive no compensation for their services, but shall be reimbursed for actual expenses reasonably incurred in the performance of their duties. They shall elect one of their number as chairperson and another as vice chairperson. They shall also elect a secretary and a treasurer, or a secretary/treasurer, either of whom may, but need not, be a member of the board or an elector. (4) If the boundaries of a district are subsequently changed after creation of the district to include land within a municipality which was not a party to the creation of the district, or if a municipalitys boundaries are changed to include land within an existing district, the governing authority of the municipality shall acquire the right to appoint a member to the board of the district upon entering into the cooperation agreement provided for in Section 9 of this Act. If, by municipal annexation or by deannexation of land from a district, the district no longer includes land within the incorporated area of the City of Macon or within a municipality, respectively, then the board member of the district appointed by such governing authority in which the district is no longer located shall cease to be a board member. (5) Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," shall not apply to the election of district board members. Should a vacancy in office of a

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district board member occur, and the regular caucus of electors is more than six months in the future, a special election shall be called to fill such vacancy, unless it is filled by appointment as hereinabove required. The district board may adopt such bylaws not inconsistent herewith to provide for any matter concerning such elections.
SECTION 6. Taxes, fees, and assessments.
(a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia; all property used for residential, agricultural, or forestry purposes; and all tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2.5 percent of the aggregate assessed value of all such real property, subject to such limitations as the governing authority for the City of Macon may implement with the adoption of the resolution creating to the consent of the creation of said district. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing those governmental services and facilities set forth in Section 2 of this Act which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the municipality as a whole. Any tax, fee, or assessment so levied shall be collected by the City of Macon in the same manner as taxes, fees, and assessments are levied by the City of Macon. Delinquent taxes shall bear the same interest and penalties as City of Macon ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 0.25 percent thereof, but not more than $10,000.00 in any one calendar year, shall be transmitted as soon as they are acquired by the City of Macon to the board, and shall be expended by the board only for the purposes authorized hereby. (b) The board shall levy the taxes provided for in subsection (a) of this section subsequent to the report of the assessed taxable values for the current calendar year and notify in writing the collecting governing bodies so they may include the levy on their regular ad valorem tax bills, if possible. (c) There shall be a segregation of all funds from the levy of taxes, fees, and assessments as described hereunder for the district, and neither the City of Macon, nor the Bibb County tax commissioner shall expend for any purpose not authorized by the board of this district, any such taxes, fees, or charges assessed and collected hereunder except for such costs as may be attributed to the billing and collection of such fees, levies, and assessments. (d) If, but for this provision, a parcel of real property is removed from a district or

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otherwise would become nontaxable, it shall continue to bear the tax millage levied by the district then extant upon such parcel for indebtedness of the district then outstanding until said indebtedness is paid or refunded.
SECTION 7. Boundaries of the district.
(a) The boundaries of the district or districts shall be as designated as such by the City of Macon as set forth in the resolution required in Section 4 of this Act, or as may thereafter be added as hereinafter provided. (b) The boundaries of the district or districts may be increased after the initial creation of a district if:
(1) Written consent of the owners of any real property sought to be annexed is first obtained; (2) The board of the district adopts a resolution consenting to the annexation; and (3) A resolution is adopted which grants consent to the annexation by the governing authority of such municipalities as may have area within the district before or after the annexation.
SECTION 8. Debt.
Except as otherwise provided in this section, the district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of the State of Georgia, which debt shall be backed by the full faith and credit and taxing power of the district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the district; provided, however, that the Board and the district may not issue bonds validated under or in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law," or in accordance with such other successor provisions governing bond validation generally or as may be provided by law.
SECTION 9. Cooperation with local governments.
The services and facilities provided pursuant hereto may be provided for in a cooperation agreement executed jointly by the board, the governing body of the City of Macon, and any municipalities and other governmental authorities or agencies within which the district is partially located. The provisions of this section shall in no way limit the authority of the City of Macon or any such municipality or any such authority to provide services or facilities within the district; and the City of Macon or such municipalities shall retain full and complete authority and control over any of its facilities located within its respective areas of any district. Said control shall include but not be limited to the

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modification of, access to, and degree and type of services provided through or by facilities of the municipality or county. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein.
SECTION 10. Powers.
(a) The district and the board created pursuant hereto shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions hereof, including, without limiting the generality of the foregoing, the power to:
(1) Bring and defend actions; (2) Adopt and amend a corporate seal; (3) Make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, contracts with respect to the use of projects, and agreements with other jurisdictions or community improvement districts regarding multijurisdictional projects or services or for other cooperative endeavors to further the public purposes of the district; (4) Acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) Finance (by loan, private grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships (whether limited or general), or other entities, all of which the board is authorized to receive, accept, and use; (6) Borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its notes, or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (7) Issue notes, or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all reasonably incurred costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; provided, however, that the Board and the district may not issue bonds validated under or in accordance with Article 3 of Chapter 82 of Title 36 of the

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O.C.G.A., known as the "Revenue Bond Law," or in accordance with such other successor provisions governing bond validation generally or as may be provided by law; (8) Make application directly or indirectly to any private source for loans, grants, guarantees, or other financial assistance in furtherance of the districts public purposes and to accept and use the same upon such terms and conditions as are prescribed by such private source; provided, however, that the district and the board shall not have the power to apply for, receive, administer, or utilize grants from federal, state, county, or municipal governments or agencies or any other public sources; (9) Enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (10) Contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political subdivision of the state of any facilities or services of the district, provided that such contracts shall deal with such activities and transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake; (11) Grant, mortgage, convey, assign, or pledge its property, revenues or taxes, or fees or assessments to be received as security for its notes, or other indebtedness and obligations; (12) Receive and use the proceeds of any tax levied by any county or any municipal corporation to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant hereto; (13) Receive and administer gifts, private grants, and devises of money and property of any kind and to administer trusts; (14) Use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be the best advantage of the district and the public purposes thereof; (15) Appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (16) Encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long range plans or proposals for the district in cooperation with the City of Macon and any municipal corporations in which the district is wholly or partially located; (17) Invest its funds, whether derived from the issuance of its bonds or otherwise, in such manner as it may deem prudent and appropriate, without further restriction;

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(18) Adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (19) Exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; and (20) Do all things necessary or convenient to carry out the powers conferred hereby. (b) The powers enumerated in subsection (a) of this section are cumulative of and in addition to those powers enumerated herein and elsewhere in this Act, and no such power limits or restricts any other power of the board except where expressly noted.
SECTION 11. Construction; notice, proceeding, publication, referendum.
This Act shall be liberally construed to effect the purposes hereof. No notice, proceeding, or publication except those required hereby shall be necessary to the performance of any act authorized hereby, nor shall any such act be subject to referendum.
SECTION 12. Applicability of Chapter 5 of Title 10 of the O.C.G.A.,
the "Georgia Securities Act of 1973."
The offer, sale, or issuance of notes, or other obligations by the district shall not be subject to regulation under Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Securities Act of 1973."
SECTION 13. Dissolution.
(a) A district activated under the provisions of this Act may be dissolved upon the occurrence of any of the following:
(1) The adoption of a resolution approving of the dissolution of the community improvement district by the City of Macon and such municipalities if partially within one or more municipalities; or (2) The written consent to the dissolution of the community improvement district by:
(A) A majority of the owners of real property within the district subject to taxes, fees, and assessments levied by the board of the district; or (B) The owners of real property constituting at least 75 percent by value of all real property within the district subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the Bibb County tax commissioner, who shall certify whether subparagraphs (A) and (B) of

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this paragraph have been satisfied with respect to the proposed district dissolution. (b) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until the dissolution becomes effective, no new projects may be undertaken, obligations or debts incurred, or property acquired. (c) Upon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for such public facilities, as described in Section 2 of this Act, shall be reduced to cash and, along with all other cash on hand, shall be applied to the repayment of any debt obligation of the district. Any cash remaining after all outstanding obligations are satisfied shall be refunded to each property owner in direct proportion to the total amount in taxes, fees, or assessments paid by the property owner relative to the total revenues paid by all properties in the district. (d) When a dissolution becomes effective, the municipal governing authority, or the governing authority of a county if wholly within the incorporated area thereof, shall take title to all property previously in the ownership of the district and all taxes, fees, and assessments of the district shall cease to be levied and collected. (e) A district may be reactivated in the same manner as an original activation.
SECTION 14. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted.
*HB 1823:
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1823:
A BILL TO BE ENTITLED AN ACT
To amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, particularly by an Act approved March 15, 1984 (Ga. L. 1984, p. 4318) and an ordinance adopted February 22, 1988 (Ga. L. 1988, p. 5224), so as to change the provisions relating to the compensation of the mayor and councilmembers; to provide for a referendum; to provide a contingent effective date; to provide for automatic repeal in certain circumstances; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, particularly by an Act approved March 15, 1984 (Ga. L. 1984, p. 4318) and an ordinance adopted February 22, 1988 (Ga. L. 1988, p. 5224), is amended by striking in its entirety Section 2.13, relating to the compensation of the mayor and councilmembers, and inserting in lieu thereof a new Section 2.13 to read as follows:

"SECTION 2.13. Compensation and expenses.

The mayor and councilmembers shall receive compensation for their services in the following amounts:
(1) Mayor: $30,000.00 per annum, payable monthly; and (2) Council: $15,000.00 per annum, payable monthly. The mayor and councilmembers shall be reimbursed for their actual and necessary expenses incurred in the performance of their official duties."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Alpharetta shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Alpharetta for approval or rejection. The election superintendent shall conduct that election no later than the Tuesday next following the first Monday in November, 2004, and shall issue the call and conduct that election as provided by general law. The election 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 ( ) NO

Shall the Act increasing the annual compensation of the mayor of Alpharetta to $30,000.00 and the annual compensation of each member of the council for such city to $15,000.00 be approved?"

All persons desiring to vote for approval of the Act shall vote "Yes," and all 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 on the first day of the month following the month in which the result of the referendum is certified to the Secretary of State. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day

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of January immediately following that election date. The expense of such election shall be borne by the City of Alpharetta. It shall be the election superintendents duty to certify the result thereof to the Secretary of State.

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

On the adoption of the substitute, the yeas were 44, nays 0, and the 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 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 E 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
Seabaugh

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

On the passage of the local legislation, the yeas were 44, nays 0.

The legislation on the Local Consent Calendar except HB 1752, HB 1786 and HB 1823, having received the requisite constitutional majority, was passed.

HB 1752, HB 1786 and HB 1823, having received the requisite constitutional majority, were passed by substitute.

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The following legislation was read and put upon its adoption:

GENERAL CONSENT CALENDAR FOR COMMEMORATIVE RESOLUTIONS
THURSDAY, APRIL 1, 2004 THIRTY-NINTH LEGISLATIVE DAY

SR 828

Designate; Earl Paulk Parkway; Dekalb County ENGROSSED (TRANS-17th)

SR 883

Reinstate; "T. Watson Mobley Bridge"; Burke County ENGROSSED (TRANS-23rd)

SR 952

Designate; James D. (Jim) McGee Memorial Highway; Fulton County ENGROSSED (TRANS-35th)

HR 940

Mayor George Merron Peters Memorial Highway; designate (TRANS-45th) Douglas-73rd ENGROSSED IN HOUSE

HR 1190 John Pelham Memorial Parkway; designate (TRANS-11th) Royal-140th

HR 1262

Burke (Star) Veterans Parkway; designate (TRANS-23rd) Anderson-100th

HR 1349 Rembert Olen McAfee Bridge; designate (TRANS-54th) Brock-5th

HR 1373

Julien B. Roddenbery, Sr. Memorial Drive; designate (TRANS-11th) Sholar-141st

HR 1404 Joy N. Kleeman Memorial Bikeway; designate (TRANS-1st) Day-126th

HR 1440 Bill Conn Parkway; designate (TRANS-20th) Birdsong-104th

HR 1454 Max R. Davey Bridge; designate (TRANS-20th) Birdsong-104th

HR 1455 C. L. Mapp Bridge; designate (TRANS-20th) Birdsong-104th

HR 1456 Chief J. A. Fountain Bridge; designate (TRANS-20th) Birdsong-104th

HR 1460 Bob Fulton Memorial Highway; designate (TRANS-27th) Burkhalter-36th

HR 1469

Forrest "Preacher" Sawyer Memorial Parkway; designate (TRANS-25th) Stokes-72nd

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HR 1472 Johnny Wayne Spivey Bridge; designate (TRANS-19th) Sims-130th

HR 1473

Ricky L. Crockett Bridge; designate (TRANS-19th) Sims-130th ENGROSSED IN HOUSE

HR 1530

Aaron Cohn Regional Youth Detention Center; designate (SI&P-26th) Hugley-113th

The reports of the committees, which were favorable to the adoption of the resolutions were agreed to.

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

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

On the adoption of the resolutions, the yeas were 47, nays 0.

The legislation on the General Consent Calendar for Commemorative Resolutions, having received the requisite constitutional majority, was adopted.

Senator Lee of the 29th asked unanimous consent that the reading of the Governor's appointments found in the Journals of March 10, 2004 and March 24, 2004 be dispensed with and that one roll call suffice in considering said appointments unless there were any objections.

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There were no objections.

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 E Crotts Y Dean
Fort E 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
Moody Y Mullis Y Price Y Reed Y Seabaugh

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

On the confirmation of the Governor's appointments, the yeas were 44, nays 0, and the Governor's appointments were confirmed.

The following communication was transmitted to the Governor:

Honorable Sonny Perdue Governor State Capitol Atlanta, Georgia 30334

April 1, 2004

Dear Governor:

Under the rules of the Georgia State Senate governing confirmation of appointments submitted by you, I have the honor to report back to you as follows:

Nominations sent to the Senate by you on March 10, 2004 and March 24, 2004, were acted upon by the Georgia State Senate in session on April 1, 2004, with the following results:

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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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this

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confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

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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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

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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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was

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yeas 44, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

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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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

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

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6, 2007. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

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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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

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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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

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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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

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JOURNAL OF THE SENATE

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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

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,

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2003, and ending December 8, 2004. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

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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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

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,

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2603

and ending June 30, 2007. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

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JOURNAL OF THE SENATE

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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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, and ending July 1, 2004. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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,

698

THURSDAY, APRIL 1, 2004

2605

2005. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

699

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JOURNAL OF THE SENATE

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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

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,

700

THURSDAY, APRIL 1, 2004

2607

2003, and ending August 26, 2005. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

701

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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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

702

THURSDAY, APRIL 1, 2004

2609

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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

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

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JOURNAL OF THE SENATE

ending December 31, 2006. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

704

THURSDAY, APRIL 1, 2004

2611

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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

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

705

2612

JOURNAL OF THE SENATE

June 30, 2008. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

706

THURSDAY, APRIL 1, 2004

2613

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. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

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

707

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JOURNAL OF THE SENATE

office beginning July 1, 2003, and ending June 30, 2007. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

708

THURSDAY, APRIL 1, 2004

2615

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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
The Honorable Carl Elliot Brack of Carroll 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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

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,

709

2616

JOURNAL OF THE SENATE

and ending January 1, 2005. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

710

THURSDAY, APRIL 1, 2004

2617

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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

711

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JOURNAL OF THE SENATE

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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
The Honorable Richard Lee Muns of Columbia County, as a member of the Professional Standards Commission, for the term of office beginning February 12, 2004, and ending July 1, 2005. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

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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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

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 vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

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. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

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. The vote on this confirmation was yeas 44, nays 0, and the nominee was confirmed.

Sincerely, /s/ Frank Eldridge, Jr.
Secretary of the Senate

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 Lee of the 29th asked unanimous consent that Senator Williams of the 19th be excused. The consent was granted, and Senator Williams was excused.

SENATE RULES CALENDAR THURSDAY, APRIL 1, 2004 THIRTY-NINTH LEGISLATIVE DAY

HB 984

Income tax credits; certain counties; telecommunications (Substitute)(FIN-1st) Purcell-122nd
Pursuant to Senate Rule 143, final passage of the bill was suspended
on March 31, 2004

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HB 1245 HB 1246 HB 1247 HB 1579 HB 1175 HB 1599 HB 1702 HB 198 HB 217 HB 1278 HB 480 HB 617 HB 1555 HB 441 HB 1632

Code of Georgia; corrections (RULES-9th) Skipper-116th
Retirement and Pensions Code; corrections (RET-47th) Skipper-116th
Elections Code; corrections (SLGO(G)-38th) Skipper-116th
Subsequent Injury Trust Fund; dissolution provisions (I&L-48th) Oliver-56th
Cosmetology; training programs operated by the Department of Corrections; provisions (Substitute)(RI&Util-46th) Jamieson-22nd
State service delivery regions; change regions 7 and 12 (Substitute)(SLGO(G)-4th) Lane-101st
Pardons and paroles; board employees; police powers (SI&P-42nd) Jenkins-93rd
Education; Professional Standards Commission; revise provisions (ED-44th) Buckner-82nd
Seat belts; child restraints; change age (Substitute) (PS&HS-56th) Burkhalter-36th
Workers' compensation; certain claimants; appointment of guardian (I&L-21st) Channell-77th
Employees' Retirement; certain members; purchase additional years (Substitute)(RET-47th) Cummings-19th
Clinical perfusionist licensure; provisional licenses (Substitute)(H&HS-54th) Graves-106th
State-wide Reserve Ratio; employer contribution rate; surcharge (Substitute)(I&L-8th) Channell-77th
Judicial Retirement; Fulton County State Court judges; membership (RET-35th) Holmes-48th
Juvenile proceedings; certain conviction; termination of parental rights (JUDY-32nd) Butler-88th

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HB 1698 HB 1744 HB 1184 HB 987 HB 1311 HB 923 HB 1451 HB 762 HB 1229 HR 1343 HB 1793 HB 1598 HB 1179 HB 1354

Education; certain personnel; continuing education online (ED-54th) Graves-10th
Sales tax exemption; nonprofit organizations providing child services (FIN-49th) Graves-106th
Sales tax exemption; school supplies; clothing; computers; limited time (FIN-49th) Borders-142nd
Macon, City of; board of water commissioners; amend pension plan (Substitute)(RET-18th) Ray-108th
Real estate closings; non-attorney licensee; unfair trade practice (RI&Util-28th) Powell-23rd
Judicial Retirement; certain local membership; transfer; service credit (RET-47th) Heard-75th
Premarital counseling; financial incentive; marriage licenses (Substitute)(JUDY-32nd) Bordeaux-125th
Landlord and tenant; tenant's goods; landlord's responsibility (Substitute)(JUDY-22nd) Floyd-69th
Cruelty to children; second degree; nonmerger provision (Substitute)(JUDY-52nd) Barnes-84th
U.S. Constitution; prior calls for convention to amend; rescind and repeal (RULES-9th) Coan-67th
Torts; limiting liability of free health clinics; provide (H&HS-52nd) Childers-13th
Business and occupation tax; certain construction permits; mail or electronic means (RI&Util-44th) Dodson-84th
Crimes against public school employees; school property; redefine (Substitute)(ED-44th) Barnes-84th
Public service corporations or utilities; increase certain fees (Substitute)(RI&Util-28th) Lucas-105th

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HB 229 HB 484 HB 211 HB 648 HB 656 HB 1117 HB 1147 HB 1168 SR 596 HB 1348 HB 666 HB 1086 HR 1402 HB 1141 HB 1321

Guardian and ward; comprehensive rewrite of provisions (JUDY-16th) Oliver-56th
Personal property in custody of law enforcement agency; disposition (S JUDY-12th) Jenkins-93rd
Assistance dogs; interfering with, assaulting, killing; penalties (JUDY-48th) Rice-64th
Poultry production contracts; regulate (AG&CA-19th) Ray-108th
Consumer reporting agencies; notification; certain inquiries (Substitute)(AG&CA-27th) Chambers-53rd
Lottery Corporation; legislative oversight committee; conform committee references (ED&T-53rd) Epps-90th
Agriculture; commissioner's orders; administrative review (Substitute)(AG&CA-11th) Crawford-91st
Motor vehicles; driver's license applicants; examination provisions (RULES-9th) Rice-64th
Designate; Rosa Proctor Bridge; Baldwin County (Amendment) (TRANS-25th)
Insurers; food or refreshments at seminars; provisions (I&L-17th) Harbin-80th
Local governments; financial transactions; annual audits (SLGO(G)-53rd) Lord-103rd
Bail bondsmen; allow service as certain elected officials (Substitute) (S JUDY-12th) Powell-23rd
Regional development centers; ratify boundaries (SLGO(G)-4th) Lane-101st
Dentists and dental hygienists; amend provisions (H&HS-54th) Childers-13th
Annexation; certain counties; repeal provisions (SLGO(G)-41st) Oliver-56th

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THURSDAY, APRIL 1, 2004

2623

HB 1409 HB 1322 HB 1568 HB 539 HB 1227 HB 1282 HB 1295 HB 1303
HB 1335 HB 346 HB 1450 HB 1582 HB 1615 HB 1766

Sales tax exemption; ice; processing and storing poultry and vegetables (FIN-49th) Royal-140th
Child placement; adoption petition; time limit requirement (JUDY-22nd) Fleming-79th
Community service boards; retirees; prohibit re-employment; exception (RET-35th) Mitchell-61st
Individual deferred annuities; nonforfeiture rate; sunset (I&L-48th) Harbin-80th
Jury duty; exempt certain caregivers and home school teachers (Substitute)(Amendments)(JUDY-30th) Westmoreland-86th
Taxes; tobacco products; licensure, definitions, penalties (FIN-49th) Epps-90th
State Public Transportation Fund; priority of expenditures and allocation of funds (Substitute)(TRANS-19th) Smith-13th
Perfection of hospital, nursing home, and traumatic burn care medical practice liens; change certain provisions (Substitute)(H&HS-54th) Jamieson-22nd
Sentence reduction; review panel; memorandum of decision (Substitute)(JUDY-30th) Boggs-145th
Sales tax; educational purposes; local boards; performance audit (Substitute)(Amendment)(FIN-1st) Millar-52nd
Judicial Emergency Act of 2004; enact (S JUDY-12th) Bordeaux-125th
Public funds; certain write-offs; Department of Technical and Adult Education (H ED-30th) Martin-37th
Surface and ground water; interbasin and intrabasin transfers; regulate (Substitute)(Amendments)(NR&E-49th) McCall-78th
Aquaculture Development Act of 2004; enact provisions (Substitute)(AG&CA-11th) James-114th

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HB 1362 HB 1325 HB 609 HB 1456 HB 1174 HB 1751 HB 1565 HB 1709 HB 1113 HB 1156 HB 1248 HB 1103 HB 1300 HB 1177 HB 986

Lifetime sportsman's licenses; certain nonresidents; provisions (NR&E-20th) Parrish-102nd
HOPE scholarships; eligibility; amend provisions (Substitute) (H ED-30th) McBee-74th
Employees' Retirement; vested after 5 years' service (RET-47th) Cummings-19th
Aggravated assault, theft, armed robbery; certain cargo; fines (JUDY-32nd) Greene-134th
Uniform Standards Code for Manufactured Homes Act; enact (RI&Util-25th) Sims-130th
State employees' health insurance; coverage; certain health centers (Substitute)(APPROP-4th) Stephens-123rd
Municipal corporations; lease property to nonprofit corporations; recreation (Amendment)(SLGO(G)-28th) Lunsford-85th
Nursing homes; influenza virus vaccine; offer patients annually (Substitute)(H&HS-54th) Channell-77th
Traffic control device preemption emitters; prohibition (PS&HS-55th) Mitchell-61st
Transportation Department; appointment of investigators (PS&HS-19th) Powell-23rd
Motor carriers; violations; hearings; penalties (RI&Util-18th) Powell-23rd
Bona fide conservation use property; notification; expiration of covenants (FIN-49th) Royal-140th
Utility contractors; licensing requirements; safety training (Substitute)(RI&Util-29th) Powell-23rd
Drivers' licenses; suspension; nonresidents; prescribed forms (PS&HS-18th) Powell-23rd
Engineer-in-training and land surveyor-in-training; certification requirements (RI&Util-46th) Wix-33rd

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THURSDAY, APRIL 1, 2004

2625

HB 1416 HB 1243 HB 1431 HB 1512 HB 1158 HB 1162 HB 1446 HB 79 HB 1414 HB 1444 HB 1359 HB 1297 HB 208 HB 210

Bona fide conservation use property; include wildlife production (FIN-49th) Lane-101st
Motor vehicles; identification rules; comply with federal provisions (PS&HS-18th) Powell-23rd
Executions; judgments; cancellation when satisfied (S JUDY-5th) Fleming-79th
Chiropractors; board of examiners; additional authority (H&HS-52nd) Henson-55th
Ignition interlock devices; limited driving permits (Substitute) (JUDY-41st) Powell-23rd
Ignition Interlock Device Providers Act; enact (S JUDY-41st) Powell-23rd
Homestead exemption; certain veterans; maximum amount (FIN-49th) Birdsong-104th
Education; sales to county school board by member; exception to prohibition (Substitute)(ED-28th) Jenkins-93rd
Special county 1% sales tax; annual publication of audit (Amendment)(SLGO(G)-45th) Bannister-70th
Income tax; independent contractors; certain false declarations (I&L-19th) Borders-142nd
Barbers; apprentices; supervision (Substitute)(RI&Util-28th) Thomas Morgan-33rd
Indemnification; government employed firefighters; rebuttable presumption (I&L-53rd) Thompson-69th
Property Owners' Association Act; clarification of provisions (Substitute) (S JUDY-40th) Fludd-48th
Condominiums; clarification of provisions (S JUDY-40th) Fludd-48th

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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 Wednesday, March 31, 2004, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:
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 telecommunications support facilities; and for other purposes.
Senate Sponsor: Senator Johnson of the 1st.
The substitute offered by Senator Johnson of the 1st as amended by Senators Thompson of the 33rd, Tanksley of the 32nd, Tate of the 38th and Clay of the 37th stood automatically reconsidered and was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding the designation of counties as less developed areas for purposes of certain income tax credits; to authorize the addition to the job tax credit program of areas where there is a poverty rate of 20 percent or greater in an enterprise zone, a redevelopment plan has been adopted, and the commissioner of community affairs finds pervasive poverty, underdevelopment, general distress, and blight; to provide that, in areas suffering from pervasive poverty, job tax credits shall be allowed to any lawful business; to remove the requirement that 30 percent of the new full-time jobs must be held by a resident of the affected area or similar area; to increase the allowable amount of tax credits that can be claimed in a tax year from 50 percent to 100 percent of the taxpayers state income tax liability; to amend Chapter 88 of Title 36 of the Official Code of Georgia Annotated, relating to the "Enterprise Zone Employment Act of 1997," so as to update references to federal law and census data; to provide a definition; to modify and

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add additional criteria for enterprise zones; to provide a limit on certain tax exemptions; to amend Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to authority of local governments to adopt regulations imposing monthly "911" charges; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, is amended by striking Code Section 48-7-40.1, relating to additional tax credits in less developed areas, and inserting in its place a new Code Section 48-7-40.1 to read as follows:
"48-7-40.1. (a) As used in this Code section, the term 'business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, tourism, and research and development industries. Such term shall not include retail businesses. (b) Not later than December 31 of each year, using the most current data available from the Department of Labor and the United States Department of Commerce, the commissioner of community affairs shall rank and designate as less developed areas the areas which are comprised of ten or more contiguous census tracts in this state using a combination of the following equally weighted factors:
(1) Highest unemployment rate for the most recent 36 month period; (2) Lowest per capita income for the most recent 36 month period; and (3) Highest percentage of residents whose income is below the poverty level according to the most recent data available. (c) The commissioner of community affairs also shall be authorized to include in the designation provided for in subsection (b) of this Code section: (1) Any area comprised of ten or more contiguous census tracts which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such area; or (2) Any area comprised of one or more census tracts adjacent to a federal military installation where pervasive poverty is evidenced by a 15 percent poverty rate or greater as reflected in the most recent decennial census; (3) Any area comprised of one or more contiguous census tracts which, in the opinion of the commissioner of community affairs, is or will be adversely impacted by the loss of one or more jobs, businesses, or residences as a result of an airport expansion, including noise buy-outs, or the closing of a business enterprise which, in the opinion of the commissioner of community affairs, results or will result in a sudden and severe period of economic distress; or (4) Any area comprised of two or more contiguous census block groups with a

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poverty rate of 20 percent or greater as determined from data in the most current United States decennial census, where the area is also included within a state enterprise zone pursuant to Chapter 88 of Title 36, where a redevelopment plan has been adopted pursuant to Chapter 61 of Title 36, and which, in the opinion of the commissioner of community affairs, displays pervasive poverty, underdevelopment, general distress, and blight. No designation made pursuant to this subsection shall operate to displace or remove any other area previously designated as a less developed area. Notwithstanding any provision of this Code section to the contrary, in areas designated as suffering from pervasive poverty under this paragraph, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises, to any lawful business. (d) For business enterprises which plan a significant expansion in their labor forces, the commissioner of community affairs shall prescribe redesignation procedures to ensure that the business enterprises can claim credits in future years without regard to whether or not a particular area is removed from the list of less developed areas. (e) Business enterprises in areas designated by the commissioner of community affairs as less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with years two through six after the creation of such job; provided, however, that where the amount of such credit exceeds a business enterprises liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $3,500.00 for each new full-time employee job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such business enterprises quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those business enterprises that increase employment by five or more in a less developed area shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this subsection, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this subsection shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in

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this subsection if such employer does not pay for all or any part of health insurance coverage for other employees. In addition, not less than 30 percent of such new fulltime jobs must be held by a resident of the less developed area for which the credit is sought or another such designated less developed area. Credit shall not be allowed during a year if the net employment increase falls below five. Any credit received for years prior to the year in which the net employment increase falls below five shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of five. (f) Tax credits for five years for the taxes imposed under this article shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b) or (c) of this Code section. Additional new full-time jobs shall be determined by subtracting the highest total employment of the business enterprise during years two through six, or whatever portion of years two through six which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit. (g) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. The commissioner of community affairs shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification. (h) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, but the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 100 percent of the taxpayers state income tax liability which is attributable to income derived from operations in this state for that taxable year."
SECTION 2. Chapter 88 of Title 36 of the Official Code of Georgia Annotated, relating to the "Enterprise Zone Employment Act of 1997," is amended by striking subparagraph (E) of paragraph (6) of Code Section 36-88-3, relating to definitions, and inserting in lieu thereof a new subparagraph (E) to read as follows:
"(E) A participant in the Job Training Partnership Workforce Investment Act or who has participated in the Job Training Partnership Workforce Investment Act at any time during the 18 months previous to the date of hire;".
SECTION 3. Said chapter is further amended by adding a new paragraph (10) to Code Section 36-883, relating to definitions, to read as follows:
"(10) 'Urban redevelopment plan' means a plan prepared and adopted pursuant to the

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requirements of Chapter 61 of this title."
SECTION 4. Said chapter is further amended by striking Code Section 36-88-6, relating to criteria for an enterprise zone, and inserting in lieu thereof a new Code Section 36-88-6 to read as follows:
"36-88-6. (a) In order to be designated as an enterprise zone, a nominated area shall meet either at least three of the four five criteria specified in subsections (b), (c), (d), (e), and (e) (f) of this Code section or the criterion specified in subsection (g) of this Code section. In determining whether an area suffers from poverty, unemployment, or general distress, the governing body shall use data from the most current United States decennial census and from other information published by the Federal Bureau of the Census, the Federal Bureau of Labor Statistics, and the Georgia Department of Labor. In determining whether an area suffers from underdevelopment, the governing body shall use the data specified in subsection (e) of this Code section. The data shall be comparable in point or period of time and methodology employed. (b) Pervasive poverty shall be evidenced by showing that poverty is widespread throughout the nominated area and shall be established by using the following criteria:
(1) The poverty rate shall be determined from the data in Table P121 contained in Census of Population and Housing, 1990: Summary Tape File 3A, on CD-ROM (Georgia), the most current United States decennial census prepared by the U.S. Bureau of Census (1992); (2) For each census geographic block group within the nominated area, the ratio of income to poverty level for at least 20 percent of the residents shall be less than 1.0; (3) In at least 50 percent of the census geographic block groups within the nominated area, the ratio of income to poverty level for at least 30 percent of the residents shall be less than 1.0; (4)(3) Census geographic block groups with no population shall be treated as having a poverty rate which meets the standards of paragraph (2) of this subsection but shall be treated as having a zero poverty rate for the purpose of applying paragraph (3) of this subsection; and (5)(4) All parcels of a nominated area must abut and may not contain a noncontiguous parcel, unless such nonabutting parcel qualifies separately under the criteria set forth under paragraphs paragraph (2) and (3) of this subsection. (c) Unemployment shall be evidenced by the use of data published by the Office of Labor Information Systems of the Georgia Department of Labor indicating that the average rate of unemployment for the nominated area for the preceding calendar year is at least 10 percent higher than the state average rate of unemployment or by evidence of adverse economic conditions brought about by significant job dislocation within the nominated area such as the closing of a manufacturing plant or federal facility. (d) General distress shall be evidenced by adverse conditions within the nominated area other than those of pervasive poverty and unemployment. Examples of such

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adverse conditions include, but are not limited to, a high incidence of crime, abandoned or dilapidated structures, deteriorated infrastructure, and substantial population decline. (e) Underdevelopment shall be evidenced by data indicating development activities, or lack thereof, through land disturbance permits, business license fees, building permits, development fees, or other similar data indicating that the level of development in the nominated area is at least 20 percent lower than development activity within the local governing bodys jurisdiction. (f) General blight within the nominated area shall be evidenced by the inclusion of any portion of the nominated area in an urban redevelopment area as defined by paragraph (20) of Code Section 36-61-2 for which an urban redevelopment plan has been adopted by the affected governing bodies according to the requirements of Chapter 61 of this title. (g) Notwithstanding any other provision of subsections (a) through (f) of this Code section, a nominated area may be designated as an enterprise zone if it is located within a county designated as a tier 1 county under the job tax credit program as provided for in Code Section 48-7-40."
SECTION 5. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 36-88-8, relating to tax exemptions, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(a)(1) The governing body of a local government or governments creating an enterprise zone shall include in the creating ordinance a provision to exempt qualifying business and service enterprises from state, county, and municipal ad valorem taxes that would otherwise be levied on the qualifying business and service enterprises in accordance with not to exceed the following schedule:
(A) One hundred percent of the property taxes shall be exempt for the first five years; (B) Eighty percent of the property taxes shall be exempt for the next two years; (C) Sixty percent of the property taxes shall be exempt for the next year; (D) Forty percent of the property taxes shall be exempt for the next year; and (E) Twenty percent of the property taxes shall be exempt for the last year."
SECTION 5A. Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to authority of local governments to adopt regulations imposing monthly '911' charges, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a)(1) The subscriber of an exchange access facility may be billed for the monthly '911' charge, if any, imposed with respect to that facility by the service supplier. Such '911' charge may not exceed $1.50 $2.00 per month per exchange access facility provided to the telephone subscriber. All exchange access facilities billed to federal, state, or local governments shall be exempt from the '911' charge. Each service supplier shall, on behalf of the local government, collect the '911' charge from those

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telephone subscribers to whom it provides exchange telephone service in the area served by the emergency '911' system. As part of its normal billing process, the service supplier shall collect the '911' charge for each month an exchange access facility is in service, and it shall list the '911' charge as a separate entry on each bill. If a service supplier receives a partial payment for a bill from a telephone subscriber, the service supplier shall apply the payment against the amount the telephone subscriber owes the service supplier first.
(2)(A) If the governing authority of a local government operates or contracts for the operation of an emergency '911' system which is capable of providing or provides automatic number identification of a wireless telecommunications connection and the location of the base station or cell site which receives a '911' call from a wireless telecommunications connection, the subscriber of a wireless telecommunications connection whose billing address is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency '911' system may be billed for the monthly wireless enhanced '911' charge, if any, imposed with respect to that connection by the wireless service supplier. Such wireless enhanced '911' charge may not exceed the amount of the monthly '911' charge imposed upon subscribers of exchange access facilities pursuant to paragraph (1) of this subsection and, in no event, shall such wireless enhanced '911' charge exceed $1.00 $1.50 per month per wireless telecommunications connection provided to the telephone subscriber. (B) On and after October 1, 2001, if the governing authority of a local government operates or contracts for the operation of an emergency '911' system which is capable of providing or provides automatic number identification and automatic location identification of a wireless telecommunications connection, the subscriber of a wireless telecommunications connection whose billing address is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency '911' system may be billed for the monthly wireless enhanced '911' charge, if any, imposed with respect to that connection by the wireless service supplier. Such wireless enhanced '911' charge may not exceed the amount of the monthly '911' charge imposed upon subscribers of exchange access facilities pursuant to paragraph (1) of this subsection and shall be imposed on a monthly basis for each wireless telecommunications connection provided to the telephone subscriber. (C) All wireless telecommunications connections billed to federal, state, or local governments shall be exempt from the wireless enhanced '911' charge. Each wireless service supplier shall, on behalf of the local government, collect the wireless enhanced '911' charge from those telephone subscribers whose billing address is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency '911' system. As part of its normal billing process, the wireless service supplier shall collect the wireless enhanced '911' charge for each month a wireless telecommunications connection is in service, and it shall list the wireless enhanced

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'911' charge as a separate entry on each bill. If a wireless service supplier receives partial payment for a bill from a telephone subscriber, the wireless service supplier shall apply the payment against the amount the telephone subscriber owes the wireless service supplier first. (D) Notwithstanding the foregoing, the application of any '911' service charge with respect to a mobile telecommunications service, as defined in 4 U.S.C. Section 124(7), shall be governed by the provisions of Code Section 48-8-6."
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and apply to all taxable years beginning on or after January 1, 2004.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Johnson of the 1st offered the following amendment # 1:

Amend the Senate substitute to HB 984 by striking lines 15, 16, and 17 of page 1 and inserting in lieu thereof the following:
"zones; to provide a limit on certain tax exemptions; to provide an effective date; to provide for".

By deleting Section 5A.

On the adoption of the amendment, the yeas were 32, nays 1, and the Johnson amendment # 1 to the perfected floor substitute was adopted.

On the adoption of the substitute, the yeas were 37, nays 0, and the perfected floor substitute was adopted as amended.

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

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

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

Y Harbison Y Harp Y Henson
Hill Y Hooks Y Hudgens

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

727

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

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

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

On the passage of the bill, the yeas were 43, nays 1.

HB 984, having received the requisite constitutional majority, was passed by substitute.

Senator Seabaugh of the 28th 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 Hill of the 4th be excused. The consent was granted, and Senator Hill was excused.

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

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.

Senate Sponsor: Senator Balfour of the 9th.

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

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

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

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

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

On the passage of the bill, the yeas were 42, nays 0.

HB 1245, having received the requisite constitutional majority, was passed.

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.

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

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January 5, 2004

The Honorable Jimmy Skipper State Representative State Capitol, Room 415 Atlanta, Georgia 30334

SUBJECT: State Auditor's Certification House Bill (LC 25 3322)

Dear Representative Skipper:

This bill would correct typographical, stylistic, and other errors and omissions included 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.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law.

Respectfully,

/s/ Russell W. Hinton State Auditor

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

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

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

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

Y 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 E Thompson

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Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Tolleson Y Unterman E Williams
Zamarripa

On the passage of the bill, the yeas were 44, nays 0.

HB 1246, having received the requisite constitutional majority, was passed.

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.

Senate Sponsor: Senator Tate of the 38th.

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

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

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

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

Y 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 E Thompson Y Tolleson Y Unterman E Williams

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Y Hall Y Hamrick

Y Reed Y Seabaugh

Y Zamarripa

On the passage of the bill, the yeas were 45, nays 0.

HB 1247, having received the requisite constitutional majority, was passed.

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.

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

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

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

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Y Hall Y Hamrick

Reed Y Seabaugh

Y Zamarripa

On the passage of the bill, the yeas were 42, nays 2.

HB 1579, having received the requisite constitutional majority, was passed.

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.

Senate Sponsor: Senator Kemp of the 46th.

The Senate Regulated Industries and Utilities Committee offered the following substitute to HB 1175:

A BILL TO BE ENTITLED AN ACT

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; to revise qualifications for members of the State Board of Cosmetology; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, is amended by adding a new Code section at the end thereof, to be designated Code Section 43-10-20, to read as follows:
"43-10-20. (a) For the purposes of this chapter, the teachers and instructors of and courses of instruction or training in cosmetology operated by the Department of Corrections shall be considered to be subject to the same standards and to be part of the cosmetology programs that are approved by the Department of Technical and Adult Education or the Department of Education as provided for by paragraphs (8), (9), and (10) of Code

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Section 43-10-1 and paragraph (6) of Code Section 43-10-12. (b) The board shall be required to test an inmate who is an applicant for a certificate of registration under this chapter who has completed successfully a cosmetology training program operated by the Department of Corrections and who meets the requirements stated in Code Section 43-10-9. If such inmate passes the applicable written and practical examinations, the board may issue the appropriate certificate of registration to such inmate after consideration of all requirements under Code Sections 43-10-9 and 43-1-19."
SECTION 2. Said chapter is further amended by striking Code Section 43-10-2, relating to creation of the State Board of Cosmetology, and inserting in its place a new Code Section 43-10-2 to read as follows:
"43-10-2. (a) There is created the State Board of Cosmetology. The board shall consist of nine members who shall be residents of this state. The board shall have the duty of carrying out and enforcing this chapter. (b) Members of the board shall be at least 25 years of age and be high school graduates have obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree; and five of such members must have had at least five years of practical experience in the practice of cosmetology at the master level, a portion of which must have been as a beauty salon owner or manager. One member of the board must have had at least five years of practical experience in the practice of cosmetology at the esthetician level. One member of the board must have had at least five years of practical experience as a manicurist. (c) The board shall meet as necessary each year for the purpose of holding examinations, adopting rules and regulations, and handling other matters pertaining to duties of the board. (d) No member of the board shall be affiliated with any school of cosmetology. Two members shall not have any connection with the practice or business of cosmetology whatsoever but shall have a recognized interest in consumer affairs and in consumer protection concerns. No member of the board shall be affiliated or connected in any manner with any manufacturer or wholesale or jobbing house dealing with supplies sold to practitioners of cosmetology while in office. (e) Board members shall be appointed by the Governor for a term of three years and until their successors are appointed and qualified. Vacancies shall be filled by the Governor for the unexpired portion of the term. The board may do all things necessary for carrying this chapter into effect and may, from time to time, promulgate necessary rules and regulations compatible with this chapter. The Governor may remove any board member for cause as provided in Code Section 43-1-17. (f) Each year the members shall elect a chairman from among themselves. In the event the members cannot agree as to who shall be chairman, the Governor shall appoint one of such members as chairman. The chairman so elected or appointed shall be eligible to

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succeed himself or herself. The members of the board shall be considered public officers and shall take the oath required thereof. (g) The board shall adopt a seal to be used to authenticate all its official papers and acts and shall have power to subpoena witnesses, administer oaths, and hear and take testimony in any matter over which it may have jurisdiction."

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

Senators Stokes of the 43rd, Adelman of the 42nd and Henson of the 41st offered the following amendment to the substitute to HB 1175:

By striking the word `nine' on line 6 of page 2 and inserting in lieu the word 'eleven'.

By striking the word 'five' on line 11 of page 2 and inserting in lieu the word 'seven'.

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

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

On the adoption of the amendment, the yeas were 21, nays 26, and the Stokes, et al. amendment was lost.

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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 E 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 N 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
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 1.

HB 1175, having received the requisite constitutional majority, was passed by substitute.

Senator Kemp of the 46th asked unanimous consent that Senator Seabaugh of the 28th be excused. The consent was granted, and Senator Seabaugh was excused.

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.

Senate Sponsor: Senator Hill of the 4th.

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The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1599:
A BILL TO BE ENTITLED AN ACT
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; to provide for certain exceptions; 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 50-4-7 of the Official Code of Georgia Annotated, relating to state service delivery regions, is amended by striking paragraphs (7) and (12) of subsection (a) and inserting in their respective places the following:
"(7) State Service Delivery Region 7 shall be composed of Burke, Columbia, Glascock, Hancock, Jefferson, Jenkins, Lincoln, McDuffie, Richmond, Screven, Taliaferro, Warren, Washington, and Wilkes counties;" "(12) State Service Delivery Region 12 shall be composed of Bryan, Bulloch, Camden, Chatham, Effingham, Glynn, Liberty, Long, and McIntosh, and Screven counties."
SECTION 2. Said Code section is further amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) This Code section shall not apply to or affect aging program planning and service areas, health districts, or mental health districts."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 30, nays 3, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

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

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

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

On the passage of the bill, the yeas were 47, nays 0.

HB 1599, having received the requisite constitutional majority, was passed by substitute.

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.

Senate Sponsor: Senator Adelman of the 42nd.

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

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

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Y Adelman Y Balfour E 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 E Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed E Seabaugh

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

On the passage of the bill, the yeas were 47, nays 0.

HB 1702, having received the requisite constitutional majority, was passed.

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.

Senate Sponsor: Senator Starr of the 44th.

Senators Brush of the 24th and Starr of the 44th offered the following amendment:

Amend HB 198 by adding at the end of line 14.

No person may serve as a local board of education member who has had any certificate issued by the Professional Standards Commission suspended in whole or in part upon any Commission finding that the person has failed to maintain a professional relationship with students.

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On the adoption of the amendment, the yeas were 32, nays 0, and the Brush, Starr 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 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 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 E Seabaugh

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

On the passage of the bill, the yeas were 45, nays 0.

HB 198, having received the requisite constitutional majority, was passed as amended.

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.

HB 217. By Representatives Burkhalter of the 36th, Parham of the 94th, Powell of the 23rd and Drenner of the 57th:

A BILL to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle horns, exhaust systems,

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mirrors, windshields, tires, safety belts, and energy absorption systems, so as to require the use of certain child passenger restraints in motor vehicles; to change certain provisions relating to safety belts required as equipment and safety restraints for children four years of age or younger; and for other purposes.
Senate Sponsor: Senator Price of the 56th.
The Senate Public Safety and Homeland Security Committee offered the following substitute to HB 217:
A BILL TO BE ENTITLED AN ACT
To amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems, so as to require the use of certain child passenger restraints in motor vehicles; to change certain provisions relating to safety belts required as equipment and safety restraints for children four years of age or younger; to change certain provisions relating to use of safety belts in passenger vehicles; to provide for the implementation of a program to inform parents of the requirements and provisions of this Act; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems, is amended by striking Code Section 40-8-76, relating to safety belts required as equipment and safety restraints for children four years of age or younger, and inserting in lieu thereof the following:
"40-8-76. (a) No new private passenger automobile manufactured after January 1, 1964, shall be sold to the general public in this state unless such automobile shall be equipped with two sets of safety belts for the front seat thereof. The safety belts may be installed by the manufacturer prior to delivery to the dealer, or they may be installed by the dealer.
(b)(1) On and after July 1, 1984, every Every driver who transports a child four years of age or younger under seven years of age in a passenger automobile, van, or pickup truck, other than a taxicab as defined by Code Section 33-34-5.1 or a public transit vehicle as defined by Code Section 16-5-20, shall, while such motor vehicle is in motion and operated on a public road, street, or highway of this state, provide for the protection proper restraint of such child in a child passenger restraining system appropriate for such childs height and weight and approved by the United States

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Department of Transportation under provisions of Federal Motor Vehicle Safety Standard 213 in effect on January 1, 1983.,or at the time of manufacture, subject to the following specific requirements and exceptions:
(A) Any such child weighing at least 40 pounds may be secured by a lap belt when: (i) The vehicle is not equipped with both lap and shoulder belts; or (ii) Not including the drivers seat, the vehicle is equipped with one or more lap and shoulder belts that are all being used to properly restrain other children;
(B) Any such child shall be properly restrained in a rear seat of the motor vehicle consistent with the requirements of this paragraph. If the vehicle has no rear seating position appropriate for correctly restraining a child or all appropriate rear seating positions are occupied by other children, any such child may be properly restrained in a front seat consistent with the requirements of this paragraph; (C) A driver shall not be deemed to be complying with the provisions of this subsection paragraph unless the any child passenger restraining system required by this paragraph is installed and being used in accordance with the manufacturers directions for such system.; and (D) The provisions of this subsection paragraph shall not apply when the childs parent or guardian either obtains a physicians written statement that a physical or medical condition of the child prevents placing or restraining him or her in any such child passenger restraining system in the manner required by this paragraph. If the parent or guardian can show the childs height is over 4 feet and 9 inches, such child shall be restrained in a safety belt as required in Code Section 40-8-76.1. (2) Upon a first conviction of an offense under this subsection, the defendant shall be punished by a fine of not more than $50.00, except in the case of a child who is five or six years of age, if the defendant shows to the court having jurisdiction of the case that a child passenger restraining system meeting the applicable requirements of this subsection has been purchased by him or her after the time of the offense and prior to the court appearance, the court may waive or suspend the fine for such first conviction. This exception shall apply until January 1, 2005. Upon a second or subsequent conviction of an offense under this subsection, the defendant shall be punished by a fine of not more than $100.00. No court shall impose any additional fees or surcharges to a fine for such a violation. The court imposing a fine for any violation of this Code section shall forward a record of the disposition of the cases annually to the Department of Public Safety for the sole purpose of data collection on a county by county basis. (c) It shall be the duty of the Governors Office of Highway Safety to implement and coordinate a program to inform parents and other citizens of Georgia of the reasons for the enactment of subsection (b) of this Code section. Such program shall be carried out prior to January 1, 1997. The Governors Office of Highway Safety shall solicit the cooperation and assistance of the Georgia State Patrol, the Georgia Sheriffs Association, the Georgia Association of Chiefs of Police, Incorporated, the Peace Officers Association of Georgia, the Medical College of Georgia, the Georgia Hospital Association, the Georgia Association of Educators, the Georgia Parent-Teacher

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Association, and other appropriate organizations in educating the citizens of the state and in implementing, coordinating, and carrying out the program provided for herein. (d)(c) Violation of this Code section shall not constitute negligence per se nor contributory negligence per se. Violation of child safety restraint requirements subsection (b) of this Code section shall not be the basis for cancellation of coverage or increase in insurance rates. (d) The provisions of this Code section shall not apply to buses, as defined in paragraph (7) of Code Section 40-1-1, used in the transport of children over four years of age until July 1, 2007, provided that the bus is operated by a licensed or commissioned child care facility, has a current annual transportation safety inspection certificate as required by the appropriate licensing body, and has evidence of being inspected for use by a child care facility. If the bus is not a school bus, as defined in paragraph (55) of Code Section 40-1-1, or a multifunction school activities bus, as defined in 49 CFR 571.3(B), each child over four years of age and under seven years of age shall be properly restrained by a safety belt. Multifunction school activities buses, as defined in 49 CFR 571.3(B), shall not be required to transport children five and six years of age in a child passenger restraining system."
SECTION 2. Said part is further amended by striking Code Section 40-8-76.1, relating to use of safety belts in passenger vehicles, and inserting in lieu thereof the following:
"40-8-76.1. (a) As used in this Code section, the term 'passenger vehicle' means every motor vehicle designed to carry ten passengers or less and used for the transportation of persons but shall not mean pickup trucks, motorcycles, motor driven cycles, or vehicles equipped for off-road use, provided that the term 'passenger vehicle' includes any sport utility vehicle and also includes pickup trucks for any occupant who is under 18 years of age. (b) Each occupant of the front seat of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208. (c) The requirement of subsection (b) of this Code section shall not apply to:
(1) A driver or passenger frequently stopping and leaving the vehicle or delivering property from the vehicle, if the speed of the vehicle between stops does not exceed 15 miles per hour; (2) A driver or passenger possessing a written statement from a physician that such person is unable, for medical or physical reasons, to wear a seat safety belt; (3) A driver or passenger possessing an official certificate or license endorsement issued by the appropriate agency in another state or country indicating that the driver is unable for medical, physical, or other valid reasons to wear a seat safety belt; (4) A driver operating a passenger vehicle in reverse; (5) A passenger vehicle with a model year prior to 1965; (6) A passenger vehicle which is not required to be equipped with seat safety belts

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under federal law; (7) A passenger vehicle operated by a rural letter carrier of the United States Postal Service while performing duties as a rural letter carrier; (8) A passenger vehicle from which a person is delivering newspapers; or (9) A passenger vehicle performing an emergency service. (d) The failure of an occupant of a motor vehicle to wear a seat safety belt in any seat of a motor vehicle which has a seat safety belt or belts shall not be considered evidence of negligence or causation, shall not otherwise be considered by the finder of fact 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 be evidence used to diminish any recovery for damages arising out of the ownership, maintenance, occupancy, or operation of a motor vehicle. (e)(1) Except as otherwise provided in paragraphs (2) and (3) of this subsection, a person failing to comply with the requirements of subsection (b) of this Code section shall not be guilty of any criminal act and shall not be guilty of violating any ordinance. A violation of this Code section shall not be a moving traffic violation for purposes of Code Section 40-5-57. (2) A person failing to comply with the requirements of subsection (b) of this Code section shall be guilty of the offense of failure to wear a seat safety belt and, upon conviction thereof, may be fined not more than $15.00; but, the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. The court imposing such fine shall forward a record of the disposition of the case of failure to wear a seat safety belt to the Department of Motor Vehicle Safety. (3) Each minor over four seven years of age or older who is an occupant of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208. In any case where a minor passenger over four seven years of age or older fails to comply with the requirements of this paragraph, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a seat safety belt on a minor and, upon conviction thereof, may be fined not more than $25.00. The court imposing such a fine shall forward a record of the court disposition of the case of failure to secure a seat safety belt on a minor to the Department of Motor Vehicle Safety. (f) Probable cause for violation of this Code section shall be based solely upon a law enforcement officers clear and unobstructed view of a person not restrained as required by this Code section. Noncompliance with the restraint requirements of this Code section shall not constitute probable cause for violation of any other Code section."
SECTION 3. It shall be the duty of the Governors Office of Highway Safety to implement and coordinate a program to inform parents and other citizens of Georgia of the provisions of

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subsection (b) of Code Section 40-8-76 and paragraph (3) of subsection (e) of Code Section 40-8-76.1 as amended by this Act. Such program shall be carried out prior to January 1, 2005. The Governors Office of Highway Safety shall solicit the cooperation and assistance of the Georgia State Patrol, Department of Motor Vehicle Safety, Georgia Sheriffs Association, Georgia Association of Chiefs of Police, Incorporated, Peace Officers Association of Georgia, Medical College of Georgia, Georgia Hospital Association, Georgia Association of Educators, Professional Association of Georgia Educators, Georgia Parent-Teacher Association, and other appropriate organizations in educating the citizens of the state and in implementing, coordinating, and carrying out such provisions.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Senators Price of the 56th and Moody of the 27th offered the following amendment # 1:
Amend the Senate Public Safety and Homeland Security Committee substitute to HB 217 by striking "seven" and inserting in its place "six" on line 23 of page 1, line 22 of page 3, and lines 1 and 4 of page 5.
By deleting "or six" from lines 26 and 27 of page 2.
By deleting "and six" from line 24 of page 3.
On the adoption of the amendment, the yeas were 39, nays 2, and the Price, Moody amendment # 1 was adopted.
Senators Crotts of the 17th, Mullis of the 53rd and Brush of the 24th offered the following amendment # 2:
Amend the Senate Public Safety and Homeland Security Committee substitute to HB 217 by inserting following "vehicles;" on line 6 of page 1 the following:
"to provide that certain persons may operate or ride upon a motorcycle without wearing protective headgear under certain circumstances;".
By redesignating Sections 3 and 4 as Sections 4 and 5, respectively.
By inserting following line 13 of page 5 the following:
"SECTION 3. Said part is further amended by adding a new Code Section 40-8-76.2 to read as follows:
'40-8-76.2. Notwithstanding Code Section 40-6-315 or any other provision of this title, a person 21 years of age or older may operate or ride upon a motorcycle without wearing protective

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headgear securely fastened upon his or her head if such person is covered by an insurance policy providing for at least $10,000.00 in medical benefits for injuries incurred as a result of a crash while operating or riding upon a motorcycle.'"

Senator Harp of the 16th offered the following amendment # 2a:

Amend amendment #2 to HB 217 by omitting on line 14 of page 1 $10,000.00 and substituting in its place $5,000,000.00 and by adding at line 15 after the word "motorcycle" and said rider must maintain such coverage and keep on said motorcycle such proof of coverage."

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

Y Adelman Y Balfour E Blitch N Bowen Y Brown N Brush N Bulloch Y Butler N Cagle
Cheeks N Clay Y Collins E Crotts N Dean Y Fort N 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 E Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody N Mullis N Price Y Reed E Seabaugh

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

On the adoption of the amendment, the yeas were 30, nays 18, and the Harp amendment # 2a was adopted.

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

N Adelman N Balfour E Blitch

Y Harbison Y Harp N Henson

N Seay N Shafer N Smith,F

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

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

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

On the adoption of the amendment, the yeas were 21, nays 28, and the Crotts, et al. amendment # 2 was lost.

Pursuant to the failure of amendment # 2, amendment # 2a was moot.

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:

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

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

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

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

Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 2.

HB 217, having received the requisite constitutional majority, was passed by substitute.

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.

Senate Sponsor: Senator Lamutt of the 21st.

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

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

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

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

Y 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

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Y Gillis Y Golden Y Hall Y Hamrick

Y Mullis Y Price Y Reed E Seabaugh

Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 45, nays 0.

HB 1278, having received the requisite constitutional majority, was passed.

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.

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.

Senate Sponsor: Senator Hudgens of the 47th.

The following Fiscal Notes, as required by law, were 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 12, 2003

The Honorable Bill Cummings State Representative State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT: State Auditor's Certification House Bill (LC 21 7224)

Dear Representative Cummings:

This bill would amend provisions relating to creditable service for members of the

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Employees' Retirement System. Specifically, this bill would allow members who have accrued at least 25 years of creditable service to purchase up to three additional years of creditable service. Members wishing to purchase such creditable service would be required to pay the full actuarial cost of granting such creditable service.
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

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 480 (LC 21 7224) Employees' Retirement System

Dear Chairman Cummings:

This bill would amend provisions relating to creditable service for members of the Employees' Retirement System. Specifically, this bill would allow members who have accrued at least 25 years of creditable service to purchase up to three additional years of creditable service. Members wishing to purchase such creditable service would be required to pay the full actuarial cost of such service.

This bill would not result in any additional cost to the Employees' Retirement System since the members would be required to pay the full actuarial cost for the creditable service. There would be no increase in the employer contribution rate or the unfunded actuarial accrued liability as a result of this legislation.

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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.

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

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 12, 2004

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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 480 (LC 21 7767S)

This substitute bill would amend provisions relating to creditable service for members of the Employees' Retirement System. Specifically, this bill would allow members to purchase up to three additional years of creditable service by paying the full actuarial cost of such service. Under this substitute bill, members electing to make such purchase would be required to do so at the same time that they make their application for retirement. If the application for retirement is withdrawn or denied, the application to purchase creditable service would be void. This substitute bill would prohibit any member from purchasing creditable service in order to qualify for a benefit under the Employees' Retirement System.

This is to certify that the changes made in this substitute bill are nonfiscal amendments as defined in the Public Retirement Systems Standards Law. The actuarial investigation for LC 21 7224 would also apply to this substitute version of House Bill 480 (LC 21 7767S).

Respectfully,

/s/ Russell W. Hinton State Auditor

The Senate Retirement Committee offered the following substitute to HB 480:

A BILL TO BE ENTITLED AN ACT

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 may obtain creditable service by paying the full actuarial value of such service; to provide that application for such service shall be made at the time of retirement; to provide a limitation on the use of such creditable service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. 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, is amended by inserting at the end thereof the following:
"47-2-100. (a) Any member of this retirement system may obtain up to an additional three years of creditable service as provided in this Code section. In order to obtain such additional creditable service, the member must:
(1) Make application to the board of trustees in such manner as the board deems appropriate. Such application and payment must be made in conjunction with and simultaneously with the members application for retirement. If the application for retirement is withdrawn or denied, the application to purchase creditable service shall be void; and (2) Pay to the board of trustees an amount determined by the board of trustees to be sufficient to cover the full actuarial cost of granting the creditable service as provided in this Code section. (b) Upon receipt of an application for additional creditable service, the board of trustees shall certify to the applicant the amount of the payment required by paragraph (2) of subsection (a) of this Code section. (c) No creditable service obtained pursuant to this Code section shall be used to calculate the amount of creditable service required to qualify for a benefit under subsection (a) of Code Section 47-2-110 or Code Section 47-2-122."

SECTION 2. This Act shall become effective on July 1, 2004, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2004, as required by subsection (a) of Code Section 47-20-50.

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

The following Fiscal Note, as required by law, was read by the Secretary:

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 18, 2004

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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 480 (LC 21 7793S)

This substitute bill would amend provisions relating to creditable service for members of the Employees' Retirement System. Specifically, this bill would allow members to purchase up to three additional years of creditable service by paying the full actuarial cost of such service. Under this substitute bill, members electing to make such purchase would be required to do so at the same time that they make their application for retirement. If the application for retirement is withdrawn or denied, the application to purchase creditable service would be void. This substitute bill would prohibit any member from purchasing creditable service in order to vest for a retirement benefit under the Employees' Retirement System.

This is to certify that the changes made in this substitute bill are nonfiscal amendments as defined in the Public Retirement Systems Standards Law. The actuarial investigation for LC 21 7224 would also apply to this substitute version of House Bill 480 (LC 21 7793S).

Respectfully,

/s/ Russell W. Hinton State Auditor

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:

Adelman Y Balfour E Blitch Y Bowen Y Brown Y Brush

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

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

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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 Jackson E 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 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 45, nays 0.

HB 480, having received the requisite constitutional majority, was passed by substitute.

Senator Brown of the 26th asked unanimous consent that Senator Williams of the 19th be excused. The consent was granted, and Senator Williams was excused.

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.

Senate Sponsor: Senator Thomas of the 54th.

The Senate Health and Human Services Committee offered the following substitute to HB 617:

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 change provisions relating to physicians assistants; to provide for a definition; to change

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the provisions relating to application for an assistant; to provide for an inactive licensure status; to change the provisions relating to clinical perfusionists; 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; 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 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 striking Code Section 43-34-102, relating to definitions, and inserting in its place the following:
"43-34-102. As used in this article, the term:
(1) 'Alternate supervising physician' means a physician to whom a primary supervising physician has delegated the responsibility of supervising a physicians assistant who is licensed to that primary supervising physician and who agrees to supervise the physicians assistant for the primary supervising physician and who is on record with the board. (2) 'Board' means the Composite State Board of Medical Examiners as created by Code Section 43-34-21. (3) 'Carry out a prescription drug or device order' means to complete, on a form established and approved by the board, a written prescription drug order or a prescription device order pursuant to the authority delegated by a supervising physician. (4) 'Evaluation agency' means a public or private hospital, school, laboratory, clinic, federal or state institution or agency, or similar facility which has been approved by the board as possessing personnel and equipment and as having had practice in a health care field sufficient to be able to make an objective appraisal, in a manner prescribed by the board, of the proposed physicians assistants qualifications to perform the tasks described in the job description. (5) 'Job description' means a document, signed by the primary supervising physician and the physicians assistant whom the primary supervising physician is supervising, which describes the professional background and specialty of the primary supervising physician; the qualifications, including related experience of the physicians assistant; and a general description of how the physicians assistant will be utilized in the practice. A job description shall not be required to contain every activity the 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. (5) (6) 'Physician' means a person lawfully licensed in this state to practice medicine

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and surgery pursuant to Article 2 of this chapter. (6) (7) 'Physicians assistant' means a skilled person qualified by academic and practical training to provide patients services not necessarily within the physical presence but under the personal direction or supervision of the applying physician. (7) (8) 'Primary supervising physician' means the physician to whom the board licenses a physicians assistant pursuant to a board approved job description and who has the primary responsibility for supervising the practice of that physicians assistant."
SECTION 2. Said chapter is further amended by striking subsection (a) of Code Section 43-34-103, relating to application for a physicians assistant, and inserting in its place the following:
"(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:
(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. The board may grant an inactive licensure status to a physicians assistant who is licensed pursuant to this article but who is not practicing with the supervision of a board approved primary supervising physician; (3) A job description, 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

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application; and (C) A description of the physicians practice and the way in which the assistant is to be utilized; and meeting the requirements of paragraph (5) of Code Section 43-34102; 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 striking subsections (c) and (d) of Code Section 4334-175, relating to issuance of provisional licensed clinical perfusionist license, supervision of licensee, renewal, and revocation, and inserting in their respective places the following:
"(c) A provisional license shall be valid for one year two years from the date it is issued and may not be renewed no more than one time by the same procedures established for the renewal of licenses pursuant to this article, if the application for renewal is signed by a supervising licensed clinical perfusionist. The provisional licensee must comply with all of the requirements for licensure under Code Section 43-34-173 prior to the expiration of the two-year provisional license period. A provisional licensee may submit an application for licensure as a licensed clinical perfusionist once he or she has complied with all of the requirements for licensure under Code Section 43-34-173. (d) If a person fails any portion of the licensure examination to meet the requirements for licensure under Code Section 43-34-173 on or before the expiration of the two-year provisional license period, such persons provisional license shall be automatically revoked and surrendered to the board."
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 Unterman of the 45th and Thomas of the 54th offered the following amendment:
Amend the Senate Health and Human Services Committee substitute to HB 617 by adding a new subsection (C) after the current subsection (B) as follows:
"(C) Any nursing task by a student enrolled in a nursing program approved by the Georgia Board of Nursing where any such task is performed under the supervision of an authorized instructor lawfully licensed in this state to perform such tasks".
Change (C) to (D) on line 8, page 3.

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On the adoption of the amendment, the yeas were 34, nays 2, and the Unterman, Thomas of the 54th amendment was adopted.

On the adoption of the substitute, the yeas were 36, nays 2, and the committee substitute was adopted as amended.

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

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

Adelman Y Balfour E 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 Y Hamrick

Y Harbison E 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
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 48, nays 0.

HB 617, 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 agreed to the Senate substitutes to the following Bills of the House:

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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.
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 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.
Senator Bulloch of the 11th asked unanimous consent that Senator Meyer von Bremen of the 12th be excused. The consent was granted, and Senator Meyer von Bremen was excused.
The Calendar was resumed.
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 Reserve Ratio; and for other purposes.
Senate Sponsor: Senator Golden of the 8th.
The Senate Insurance and Labor Committee offered the following substitute to HB 1555:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to provide for the lifting of the sunset provision of the alternative base period; to extend the suspension of the surcharge on the employer contribution rate based upon the State-wide Reserve Ratio; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by lifting the sunset on the alternative base period by striking Code Section 34-8-21, relating to the definition of "base period," and inserting in lieu thereof the following:
"34-8-21. (a) Except as provided in subsection (b) of this Code section, as used in this chapter, the term 'base period' means the first four of the last five completed calendar quarters immediately preceding the first day of an individuals benefit year; provided, however, that, in the case of a combined wage claim under Code Section 34-8-80, the base period shall be that applicable under the unemployment compensation law of the paying state. (b) If an individual does not have sufficient wages to qualify for benefits under the definition of base period in subsection (a) of this Code section, then his or her base period shall be calculated using the last four completed quarters immediately preceding the first day of the individuals benefit year. Such base period shall be known as the 'alternative base period.' Applicants shall receive written notice of the alternative base period. Implementation of the alternative base period shall commence on January 1, 2003, and shall conclude and terminate on June 30, 2004. Implementation of the alternative base period under this subsection shall be under such terms and conditions as the Commissioner may prescribe by rules and regulations. All benefit payments made under this subsection shall be paid exclusively from amounts credited to the account of this state in the Unemployment Trust Fund by the secretary of the treasury of the United States pursuant to Section 903 of the federal Social Security Act, as amended by the Job Creation and Worker Assistance Act of 2002 (P.L. 107-147)."

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

Equals or Exceeds

But Is Less Than

Overall Increase

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1.5 percent 1.25 percent 0.75 percent Under 0.75 percent

1.7 percent 1.5 percent 1.25 percent

25 percent 50 percent 75 percent 100 percent

provided, however, that for the period of January 1 through December 31, 2004 2005, the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this subparagraph shall be null and void, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.00 percent, then the Commissioner of Labor shall have the option of imposing an increase in the overall rate of up to 35 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155. The issues of part-time employment coverage and military transfer coverage will be considered in a study committee to meet in the summer of 2003."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Senators Tanksley of the 32nd, Henson of the 41st, Starr of the 44th, Smith of the 25th, Brown of the 26th and others offered the following amendment to the substitute to HB 1555:
By inserting between lines 4 and 5 of page 2 the following new section:
"SECTION 1.A.
Said chapter is further amended by striking Code Section 34-8-24, and inserting in lieu thereof the following:
"34-8-24. As used in this chapter, the term 'bona fide in the labor market' means any person claiming benefits under this chapter must be available for full-time or part-time employment, as that term is those terms are generally understood in the trade or work classification involved, without regard to prior work restrictions, provided that in the case of availability for part-time employment that there is a labor market in which a reasonable demand exists for the part-time services that claimant offers."

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

Y Adelman N Balfour E Blitch Y Bowen Y Brown N Brush N Bulloch Y Butler
Cagle N Cheeks N Clay N Collins N Crotts Y Dean Y Fort N Gillis N 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 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 Y Tanksley Y Tate
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 28, and the Tanksley, et al. amendment was lost.

On the adoption of the substitute, the yeas were 47, 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 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 Y 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

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

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

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

On the passage of the bill, the yeas were 52, nays 1.

HB 1555, having received the requisite constitutional majority, was passed by substitute.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

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

SB 357. By Senator Hudgens of the 47th:

A BILL to be entitled an Act to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," so as to redefine a term; to repeal conflicting laws; and for other purposes.

Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the following Bill 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

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of a self-service storage facility shall not be a bailee; to provide for presumed delivery of notice; to repeal conflicting laws; and for other purposes.

Mr. President:

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

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 House has agreed to the Senate amendment to the following Bill of the House:

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.

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

The Calendar was resumed.

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

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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.

Senate Sponsor: Senator Reed of the 35th.

The following Fiscal Notes, as required by law, were 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
August 5, 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 441 (Substitute) (LC 21 7541S)

This bill would amend provisions relating to membership in the Georgia Judicial Retirement System. Specifically, this bill would require any person who becomes a judge of the State Court of Fulton County on or after July 1, 2004 to become a member of the Georgia Judicial Retirement System. This bill would also allow any person serving as a judge of the State Court of Fulton County on June 30, 2004 to make an irrevocable election to join the Georgia Judicial Retirement System. All employer and employee contributions made by or on behalf of a member, with regular interest, will be transferred from the local retirement system to the Georgia Judicial Retirement System. The amount of creditable service granted will be determined by the amount of funds transferred from the local retirement system, without creating any accrued liability to the Georgia Judicial Retirement System. Any person wishing to make such election must notify the board of trustees by December 31, 2004.

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

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Russell W. Hinton State Auditor (404) 656-2174

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
October 20, 2003

Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT:

Actuarial Investigation House Bill 441 (LC 21 7541S) Judicial Retirement System Fulton County Employees Pension Plan

Dear Chairman Cummings:

This bill would amend provisions relating to membership in the Georgia Judicial Retirement System. Specifically, this bill would require any person who becomes a judge of the State Court of Fulton County on or after July 1, 2004 to become a member of the Georgia Judicial Retirement System. This bill would also allow any person serving as a judge of the State Court of Fulton County on June 30, 2004 to make an irrevocable election to join the Georgia Judicial Retirement System. All employer and employee contributions made by or on behalf of a member, with regular interest, will be transferred from the local retirement system to the Georgia Judicial Retirement System. The amount of creditable service granted will be determined by the amount of funds transferred from the local retirement system, without creating any accrued liability to the Georgia Judicial Retirement System. Any person wishing to make such election must notify the board of trustees by December 31, 2004.

This bill would not result in any additional cost to the Judicial Retirement System. The amount of creditable service that would be granted to any member affected by this legislation would be determined by the amount of funds transferred from the local retirement system. There would be no increase in the employer contribution rate or the unfunded actuarial accrued liability as a result of this legislation.

This bill would not result in any additional cost to the Fulton County Employees Pension Plan. According to the actuary, there are five members of the Plan who would be eligible to transfer to the Judicial Retirement System if this legislation is enacted. However, since this legislation only requires the Plan to transfer the contributions made by or on behalf

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of the member to the Judicial Retirement System, 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 investigations for this bill pursuant to a request by the House Retirement Committee. The investigations were 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.

Judicial Retirement System

(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.

3.85%

(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

3.85%

(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

Fulton County Employees Pension Plan

(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

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(5) The employer contribution rate currently in effect.

19.16%

(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

19.16%

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

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson
Johnson (PRS) Y Kemp,B E Kemp,R Y Lamutt Y Lee
Levetan E 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
Stephens Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Williams Zamarripa

On the passage of the bill, the yeas were 44, nays 0.

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HB 441, having received the requisite constitutional majority, was passed.
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.
Senate Sponsor: Senator Tanksley of the 32nd.
Senator Clay of the 37th offered the following amendment # 1:
Amend HB 1632 by inserting after "To amend" at the beginning of line 1 of page 1 "Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions relative to juvenile proceedings, so as to redefine 'child' for purposes relative to the offense of homicide by vehicle; to amend".
By redesignating Sections 1 through 3 as Sections 2 through 4 and inserting before such redesignated Section 2 the following:
"SECTION 1. Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions relative to juvenile proceedings, is amended by striking paragraph (2) and inserting in lieu thereof the following:
'(2) "Child" means any individual who is: (A) Under the age of 17 years; (B) Under the age of 21 years, who committed an act of delinquency before reaching the age of 17 years, and who has been placed under the supervision of the court or on probation to the court; or (C) Under the age of 18 years, if alleged to be a "deprived child" or a "status offender" as defined by this Code section;
provided, however, that such term does not include any individual at least 16 years of age who committed or is alleged to have committed a violation of Code Section 40-6393 (a) or (c).'".
On the adoption of the amendment, the yeas were 29, nays 1, and the Clay amendment # 1 was adopted.

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Senator Clay of the 37th offered the following amendment # 2:

Amend HB 1632 by adding after the word and symbol "rights;" on line 5 of page 1 the following:
"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 limited civil liability for a court appointed custody evaluator or court appointed guardian ad litem under certain circumstances;".

By adding after Section 2 a new Section 3 to read as follows:

"SECTION 3. 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, is amended by striking paragraph (6) of subsection (a) of said Code section and inserting in its place the following:
'(6) The court is authorized to order a psychological custody evaluation of the family or an independent medical evaluation. In addition to the privilege afforded a witness, neither a court appointed custody evaluator nor a court appointed guardian ad litem shall be subject to civil liability resulting from any act or failure to act in the performance of his or her duties unless such act or failure to act was in bad faith.'"

By redesignating Section 3 as Section 4.

On the adoption of the amendment, the yeas were 31, nays 0, and the Clay 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:

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

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson
Johnson (PRS) Y Kemp,B

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

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

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

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 42, nays 0.

HB 1632, having received the requisite constitutional majority, was passed as amended.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House insists on its position in disagreeing to the Senate amendments, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Resolution of the House:

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.

The Speaker has appointed on the part of the House, Representatives Smith of the 13th, Post 2, Barnes of the 84th, Post 2, and Floyd of the 132nd.

Mr. President:
The House has agreed to the Senate amendment to the following Bill of the House:
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

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provide for special license plates supporting Rotary International; and for other purposes.
Senator Harp of the 16th asked unanimous consent that Senator Hooks of the 14th be excused. The consent was granted, and Senator Hooks was excused.
The Calendar was resumed.
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.
Senate Sponsor: Senator Thomas of the 54th.
Senators Stokes of the 43rd, Adelman of the 42nd, Henson of the 41st and Tate of the 38th offered the following amendment:
Amend HB 1698 by inserting immediately following "ethics;" on line 3 of page 1, the following:
"to provide for an annual report of violent incidents committed by students to be submitted to parents;".
By inserting immediately following Section 1 thereof the following:
"SECTION 1A. Said chapter is further amended by inserting immediately following Code Section 20-21184 a new Code Section 20-2-1184.1 to read as follows: '20-2-1184.1. 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 Thomas of the 54th requested a ruling of the Chair as to the germaneness of the amendment.

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The President Pro Tempore ruled the amendment not germane.

Senator Stokes of the 43rd objected.

Senator Stokes withdrew her objection.

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

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

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

On the passage of the bill, the yeas were 45, nays 0.

HB 1698, having received the requisite constitutional majority, was passed.

Senator Price of the 56th assumed the Chair.

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 Calendar was resumed.

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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.

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 E 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
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 Y Levetan Y Me V Bremen Y Moody Y Mullis
Price (PRS) Y Reed Y Seabaugh

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

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

HB 1744, having received the requisite constitutional majority, was passed.

Senator Hudgens of the 47th asked unanimous consent that Senator Mullis of the 53rd be excused. The consent was granted, and Senator Mullis was excused.

The Calendar was resumed.

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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.

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
January 30, 2004

The Honorable A. Richard Royal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1184 (LC 18 3048)
Dear Chairman Royal:

This Bill would reinstate in 2004 the "sales tax holiday" implemented in 2003 by making the period of exemption go from 12:01 A.M. on July 29, 2004 through 12:00 Midnight on August 1, 2004. Within those four days, the narrowing of the base of the sales and use tax would be the same as in 2003. Three categories of otherwise taxable purchases would be exempted. Sales of clothing and footwear priced at no more than $100 per article would not be taxed. Up to $1,500 of sales transactions involving personal computers, peripheral devices, computer-related accessories, and non-recreational software would go tax-free. Finally, sales of school supplies and books on approved lists for prekindergarten through twelfth grade priced at no more than $20 per unit would be exempted. The Bill would become effective when passed and signed into law.

The revenue impact of the exemption in 2004 has been estimated in the same way as it was in 2003. First, the analysis has built upon the mean proportions of annual expenditure on the three sales categories in the months of July and August using

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seasonalities determined from monthly retail sales data (U.S. Department of Commerce) for 1995-2003. Second, the analysis has assumed that a no-tax incentive crowds a twoweek volume of "normal" July-August sales into a four-day tax holiday. Third, although sellers could simply adjust their sales-days and pricing practices to keep effective prices of the exempted purchases at "normal" levels, such "exploitation" of the potential four-toseven percent tax discount has been dismissed in view of inherent risks to business images. Fourth, annual sales in the three categories have been assumed to go unchanged by the holiday. In all, tax revenues have been taken to be depressed by the loss of tax on sales that would have come ordinarily in the four-day window and by a loss of tax on sales that have been shifted from other times of the year.
Because of the behavior of prices since last July-August, the dollar bounds on exclusions in July-August of 2004 will be worth 2 to 3 percent more in terms of quantities of clothing and footwear and 10 to 12 percent more in terms of computer products than they were in July-August of 2003. For school supplies and books, however, prices have increased rather than fallen. Consequently, the real content of $20 exemptions will have decreased. In terms of tax savings, exempted clothing, footwear, and computer products will now involve a lesser per-unit tax saving in 2004 than a year ago whereas exempted school supplies and books will involve a greater tax saving. The overall impact will be one of dampening the appeal of tax-exempt purchases. However, incomes have been rising and are now about 3 percent higher than in 2003 and employment has risen by enough to make employed households about 1 to 2 percent more numerous. These gains will tend to boost sales during the tax holiday and overcome the price-induced tendency toward reduction. Upon analysis of combined effects, the revenue loss associated with the holiday in 2004 has been gauged to be $9.9 million (compared to $9.6 million a year ago) for the State and $6.0 million (compared to $5.8 million a year ago) for local governments. Of the State's total, about $7.1 million arises from the clothing exclusion, $1.5 million from the computer exclusion, and about $1.3 million from the school supplies exclusion. Experience with tax holidays in other states suggests that, as the holidays are repeated or extended, more people begin to plan for them and, as a result, the revenue impact grows. Consequently, the estimated impacts for 2004 may prove to be as much as 2 to 3 percent too low.
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.

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

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

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

On the passage of the bill, the yeas were 46, nays 0.

HB 1184, having received the requisite constitutional majority, was passed.

Senator Squires of the 5th assumed the Chair.

The Calendar was resumed.

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.

Senate Sponsor: Senator Tolleson of the 18th.

The following Fiscal Notes, as required by law, were read by the Secretary:

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Russell W. Hinton State Auditor (404) 656-2174

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
April 4, 2003

The Honorable Robert Ray State Representative State Capitol, Room 228 Atlanta, Georgia 30334

SUBJECT: State Auditor's Certification House Bill (LC 21 7452)

Dear Representative Ray:

This bill would amend several provisions relating to the pension and retirement plan for certain employees and officers of the Macon Board of Water Commissioners. Specifically, this bill would:

Increase the employee contribution rate to six and 20/100 percent of total compensation;

Increase the factors used to calculate retirement benefits;

Allow members to vest in the retirement plan after five years of service;

Provide that certain retired members shall receive a cost-of-living increase every five years; and

Revise the method for determining permanent and total disability.

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

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Russell W. Hinton State Auditor (404) 656-2174

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
October 10, 2003

Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT: Actuarial Investigation House Bill 987 (LC 21 7452) Macon Water Authority Employees' Pension Plan

Dear Chairman Cummings:

This bill would amend several provisions relating to the pension and retirement plan for certain employees and officers of the Macon Board of Water Commissioners. Specifically, this bill would:

Increase the employee contribution rate to 6.2 percent of total compensation;

Increase the factors used to calculate retirement benefits;

Allow members to vest in the retirement plan after five years of service;

Provide that certain retired members shall receive a cost-of-living increase every five years;

Revise the method for determining permanent and total disability; and

Restrict disability payment options to a life annuity or joint and survivor option.

The first year cost of this legislation would be $266,374 in order to meet the concurrent funding requirements of O.C.G.A. 47-20-50. The cost estimate includes $48,225 each year for the next 10 years and $114,370 each year for the next 20 years to amortize the unfunded actuarial accrued liability. In addition, this cost estimate includes $103,779 each year to fund the normal cost. The estimated cost is based on current member data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs associated with

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this legislation would be paid for with funds provided by the Macon Water Authority.

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.

$1,607,928

(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.

$162,595

(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.

10 years and 20 years*

(4) The amount of the annual normal cost which will result from the bill. $103,779

(5) The employer contribution rate currently in effect.

4.61%

(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

6.2%

(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.

$97,595**

*According to the actuary, the first year cost to amortize the unfunded actuarial accrued liability is $162,595. Of this total, $48,225, associated with beneficiaries, would be amortized over a 10-year period. The remaining $114, 370, associated with active members, would be amortized over 20 years.

**According to the actuary, the first year cost of this legislation is $266,374. However, the required employer contribution would only need to increase by $97,595 since current employer contributions exceed the amount required to meet the minimum funding standards.

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

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Respectfully,
/s/ Russell W. Hinton State Auditor
The Senate Retirement Committee offered the following substitute to HB 987:
A BILL TO BE ENTITLED AN ACT
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," approved December 30, 1953 (Ga. L. 1953, Nov. - Dec. Sess., p. 2831), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3947), 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; to revise the method of determining permanent and total disability; to provide that persons who retire under the disability provisions of the plan may elect a life annuity or a joint and survivor option; to provide conditions for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled "An Act to provide a pension and retirement plan and fund for certain employees and officers of the Macon Board of Water Commissioners," approved December 30, 1953 (Ga. L. 1953, Nov. - Dec. Sess., p. 2831), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3947), is amended by adding at the end of Section 2 a new subsection (h) to read as follows:
"(h) 'Permanently and totally disabled' shall mean that the member has been determined to be disabled within the meaning of the federal Social Security Act and regulations thereunder and is actually drawing Social Security benefits on account of such disability."
SECTION 2. Said Act is further amended by striking paragraph (1) of subsection (a) of Section 4 and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Six and 20/100 percent of the total compensation received from the authority during the calendar year, or fraction thereof, from December 30, 1953, until termination of employment."
SECTION 3. Said Act is further amended by striking paragraph (1) of subsection (a) of Section 6 and inserting in lieu thereof a new paragraph (1) to read as follows:

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"(1) Upon reaching 63 years of age, a member of the plan shall be entitled to a monthly retirement benefit in an amount equal to the product of the percentage set forth in the table below for the years of service times the years of service times the final average monthly earnings.

YEARS OF SERVICE

PERCENTAGE

1-30

2.000%

31

2.025%

32

2.050%

33

2.075%

34

2.100%

35

2.125%

36

2.150%

37

2.175%

38

2.200%

39

2.225%

40 or more

2.250%

In the event that the normal retirement monthly benefit of any member who has retired as of the effective date of this Act does not equal at least $20.00 times the number of years of service up to a maximum of ten years, then the monthly benefit of such member shall be the product of $20.00 times the number of years of service up to a maximum of $200.00."
SECTION 4. Said Act is further amended by striking paragraph (8) of subsection (a) of Section 6 and inserting in lieu thereof a new paragraph (8) to read as follows:
"(8) In the event, after five years of service, a member terminates his or her service, or his or her service is terminated for any reason other than death or a cause for which the member is not entitled to receive benefits elsewhere under this pension plan, his or her benefits as provided herein shall be vested, but payment thereof shall be deferred to 63 years of age; provided, however, that the employee shall leave his or her contributions in the fund; provided, further, that such employee shall be entitled, at his or her option, to receive actuarially reduced benefits prior to 63 years of age, when his or her service would have totaled 25 years had he or she remained in the service of the

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authority. A member shall be notified of his or her option to leave his or her contributions in the plan by certified mail, return receipt requested, and shall have 12 months in which to make an election to remain in the plan or withdraw his or her contributions. The contributions of a member who fails to make an election within 12 months will be paid to the member as provided in paragraph (7) of this subsection."
SECTION 5. Said Act is further amended by adding at the end of subsection (a) of Section 6 a new paragraph (16) to read as follows:
"(16) The monthly benefit of every member and beneficiary who is retired and receiving benefits shall be increased every five years by 2 percent, retroactive to April 1, 1994. This cost-of-living adjustment shall be effective as of October 1, 2004."
SECTION 6. Said Act is further amended by striking paragraph (1) of subsection (b) of Section 6 and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Permanent and total disability shall be determined as provided in subsection (h) of Section 2 of this Act. In the event it is determined by the federal Social Security Administration that a member is no longer disabled and such member is not drawing benefits under the Social Security Act, the authority may order that the member return to active service with the authority and that the members pension payments be discontinued during the period of such active employment. In the event the member so ordered by the authority to return to active employment with the authority fails or refuses to do so within 30 days of written notice, the right of the member to disability payments shall be conclusively and for all time terminated. In the event such member shall return to active employment with the authority as ordered by the authority, he or she shall resume payment of contributions then required by the pension plan, and shall likewise be entitled to further service credit during the time he or she remains in the active service of the authority. Such member shall not be entitled to other retirement benefits of the plan save by relinquishment of any and all rights to any disability benefits."
SECTION 7. Said Act is further amended by striking paragraph (1) of subsection (c) of Section 6 and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Election. A member of the plan shall be entitled to elect, or to revoke a previous election and make a new election, at any time six months or more prior to his or her retirement in accordance with paragraph (1), (4), (5), or (6) of subsection (a) of this section, or prior to commencement of retirement payment in accordance with paragraph (8) of subsection (a) of this section, to have his or her retirement benefit payable under one of the options hereinafter set forth in lieu of the retirement benefits he or she is otherwise entitled to receive in accordance with such subsections. Election of any option shall be made by the member in writing and shall be subject to

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approval by the authority. The optional form of retirement benefit thus elected shall be paid in accordance with the terms of such option A member of the plan who retires as a result of permanent and total disability as provided in paragraphs (2) and (3) of subsection (a) of this section shall be entitled to receive the members retirement benefit as a life annuity or such member may elect the 'Joint and Survivor Option' under 'Option A' described in paragraph (2) of subsection (c) of this section."

SECTION 8. Sections 2 and 3 of this Act shall become effective on January 1, 2005, and the remaining Sections of this Act shall become effective on July 1, 2004, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2004, as required by subsection (a) of Code Section 47-20-50.

SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

The following Fiscal Notes, as required by law, were 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

March 2, 2004

The Honorable Ross Tolleson State Senator Legislative Office Building, Room 320-B Atlanta, Georgia 30334

SUBJECT: State Auditor's Certification House Bill 987 (Substitute)

Dear Senator Tolleson:

(LC 21 7842S)

This substitute bill would amend several provisions relating to the pension and retirement plan for certain employees and officers of the Macon Board of Water Commissioners. Specifically, this bill would:

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Increase the employee contribution rate to six and 20/100 percent of total compensation;
Increase the factors used to calculate retirement benefits;
Allow members to vest in the retirement plan after five years of service;
Provide that certain retired members shall receive a cost-of-living increase every five years; and
Revise the method for determining permanent and total disability.
Under the provisions of this substitute bill, the increase in the employee contribution rate and the increase in the factor used to calculate retirement benefits would become effective on January 1, 2005. All other provisions of this substitute bill would become effective on July 1, 2004.
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 and the corresponding State Auditor's Certification are attached. Based on information received from the System's actuary, the overall impact of the changes in this substitute bill were so minimal that the first year cost of this legislation was not affected.
Respectfully,
/s/ Russell W. Hinton State Auditor

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 2, 2004

Honorable Ralph Hudgens, Chairman Senate Retirement Committee Legislative Office Building, Room 304-B Atlanta, Georgia 30334

SUBJECT: Actuarial Investigation

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House Bill 987 (Substitute) (LC 21 7842S) Macon Water Authority Employees' Pension Plan
Dear Chairman Hudgens:
This substitute bill would amend several provisions relating to the pension and retirement plan for certain employees and officers of the Macon Board of Water Commissioners. Specifically, this bill would:
Increase the employee contribution rate to 6.2 percent of total compensation;
Increase the factors used to calculate retirement benefits;
Allow members to vest in the retirement plan after five years of service;
Provide that certain retired members shall receive a cost-of-living increase every five years;
Revise the method for determining permanent and total disability; and
Restrict disability payment options to a life annuity or joint and survivor option.
Under the provisions of this substitute bill, the increase in the employee contribution rate and the increase in the factor used to calculate retirement benefits would become effective on January 1, 2005. All other provisions of this substitute bill would become effective on July 1, 2004.
The first year cost of this legislation would be $266,374 in order to meet the concurrent funding requirements of O.C.G.A. 47-20-50. The cost estimate includes $48,225 each year for the next 10 years and $114,370 each year for the next 20 years to amortize the unfunded actuarial accrued liability. In addition, this cost estimate includes $103,779 each year to fund the normal cost. The estimated cost is based on current member data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs associated with this legislation would be paid for with funds provided by the Macon Water Authority.
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.

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(1) The amount of the unfunded actuarial accrued liability which will result from the bill.

$1,607,928

(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.

$162,595

(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.

10 years and 20 years*

(4) The amount of the annual normal cost which will result from the bill. $103,779

(5) The employer contribution rate currently in effect.

4.61%

(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

6.2%

(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.

$97,595**

*According to the actuary, the first year cost to amortize the unfunded actuarial accrued liability is $162,595. Of this total, $48,225, associated with beneficiaries, would be amortized over a 10-year period. The remaining $114,370, associated with active members, would be amortized over 20 years.

**According to the actuary, the first year cost of this legislation is $266,374. However, the required employer contribution would only need to increase by $97,595 since current employer contributions exceed the amount required to meet the minimum funding standards.

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

On the adoption of the substitute, the yeas were 31, nays 2, and the committee substitute was adopted.

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

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

Y Adelman Y Balfour 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

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

Y Seay Y Shafer Y Smith,F Y Smith,P
Squires (PRS) 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 Zamarripa

On the passage of the bill, the yeas were 45, nays 0.

HB 987, having received the requisite constitutional majority, was passed by substitute.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

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

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

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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.

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

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.

Mr. President:

The House insists on its position in substituting the following Bill of the Senate:

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.

The House has adopted, as amended, by the requisite constitutional majority the following Resolution of the Senate:

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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.

Mr. President:

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

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.

Senator Eric Johnson, President Pro Tempore, assumed the Chair.

The Calendar was resumed.

Senator Smith of the 52nd asked unanimous consent that he be excused from voting on HB 1311 pursuant to Senate Rule 175. The consent was granted, and Senator Smith of the 52nd was excused.

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.

Senate Sponsor: Senator Seabaugh of the 28th.

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

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

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

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

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

On the passage of the bill, the yeas were 44, nays 0.

HB 1311, having received the requisite constitutional majority, was passed.

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

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.

Senator Crotts of the 17th asked unanimous consent that the Senate adhere to its amendments to HR 132 and that a Conference Committee be appointed.

The consent was granted, and the President appointed as a Conference Committee the following Senators: Crotts of the 17th, Dean of the 31st and Clay of the 37th.

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

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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.

Senator Seabaugh of the 28th asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 449 and that a Conference Committee be appointed.

The consent was granted, and the President appointed as a Conference Committee the following Senators: Balfour of the 9th, Moody of the 27th and Seabaugh of the 28th.

The Calendar was resumed.

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.

Senate Sponsor: Senator Hudgens of the 47th.

The following Fiscal Notes, as required by law, were 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 27, 2003

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The Honorable Keith Heard State Representative Legislative Office Building, Room 509 Atlanta, Georgia 30334

Dear Representative Heard:

SUBJECT: State Auditor's Certification House Bill 923 (LC 21 7409)

This bill would amend provisions relating to creditable service for members of the Georgia Judicial Retirement System. Specifically, this bill would allow members who are vested members of a local retirement system and who have not withdrawn their contributions to have such contributions transferred to the Georgia Judicial Retirement System. The local retirement system would be required to transfer the higher of:

The employer and employee contributions paid by or on behalf of such member, together with 5 percent per annum compounded annually; or

The present value of the member's anticipated benefit, using the actuarial equivalence and the mortality table adopted by the local retirement system.

Members who have such funds transferred to the Georgia Judicial Retirement System would receive creditable service based on the amount transferred on behalf of the member, without creating any accrued liability to the System. Members wishing to obtain such creditable service are required to notify the board of trustees no later than December 31, 2004, or within 90 days of becoming a member of the Georgia Judicial Retirement System, whichever is later.

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

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400

Russell W. Hinton State Auditor (404) 656-2174

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October 30, 2003 Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT:

Actuarial Investigation House Bill 923 (LC 21 7409) Judicial Retirement System Local County Retirement Systems

Dear Chairman Cummings:

This bill would amend provisions relating to creditable service for members of the Judicial Retirement System. Specifically, this bill would allow members who are vested members of a local retirement system and who have not withdrawn their contributions to have such contributions transferred to the Judicial Retirement System. The local retirement system would be required to transfer the higher of:

The employer and employee contributions paid by or on behalf of such member, together with 5 percent per annum compounded annually; or

The present value of the member's anticipated benefit, using the actuarial equivalence and the mortality table adopted by the local retirement system.

Members who have such funds transferred to the Judicial Retirement System would receive creditable service based on the amount transferred on behalf of the member, without creating any accrued liability to the System. Members wishing to obtain such creditable service are required to notify the board of trustees no later than December 31, 2004, or within 90 days of becoming a member of the Judicial Retirement System, whichever is later.

This bill would not result in any additional cost to the Judicial Retirement System. The amount of creditable service that would be granted to any member affected by this legislation would be determined by the amount of funds transferred from the local retirement systems into the Judicial Retirement System. There would be no increase in the employer contribution rate or the unfunded actuarial accrued liability as a result of this bill.

Based on the information received from local retirement systems, this bill would not result in any additional costs to the local retirement systems. Of the 13 local retirement systems that provided information, 12 indicated that there would be no cost to their system. The remaining system, Columbus Consolidated Government, reported a

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reduction in costs by $54,515 in the first year. This estimated reduction in cost was based on information that seven persons who were previously active members of this local retirement system would be affected by this legislation.

The following is a summary of the relevant findings of the actuarial investigations for this bill pursuant to a request by the House Retirement Committee. The investigations were 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.

Judicial Retirement System

(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.

3.85%

(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). 3.85%

(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

Local Retirement Systems

The following 12 local retirement systems indicated that this retirement legislation would have no cost impact on their system:

Baldwin County Bibb County Burke County Cobb County Coweta County Dougherty County

Forsyth County Fulton County Glynn County Lee County Peach County Warren County

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According to the actuary for the Columbus Consolidated Government Retirement System, this bill could impact seven persons who were previously active members of this local system. If all seven persons elect to have their contributions transferred to the Judicial Retirement System, the System would realize a cost reduction of $54,515 in the first year.

Requests for actuarial investigations were sent to an additional 11 local retirement systems. However, these systems did not respond to the request.

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigations and the findings included therein.

Respectfully,

/s/ Russell W. Hinton State Auditor

Senator Hudgens of the 47th offered the following amendment:

Amend HB 923 by striking line 22 of page 1 and inserting in lieu thereof the following: "(b) Any active member wishing to have funds transferred as provided in subsection (a) of this".

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

April 1, 2004

The Honorable Mary Margaret Oliver State Representative Legislative Office Building, Room 511 Atlanta, Georgia 30334

Dear Representative Oliver:

SUBJECT: State Auditor's Certification House Bill 923 (LC 21 7409) As Amended (AM 21 2320)

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As amended, this bill would allow members of the Judicial Retirement System who are also vested members of a local retirement system to have their contributions from the local retirement system transferred to the Judicial Retirement System. The local retirement system would be required to transfer the higher of:
The employer and employee contributions paid by or on behalf of such member, together with 5 percent per annum compounded annually; or
The present value of the member's anticipated benefit, using the actuarial equivalence and the mortality table adopted by the local retirement system.
Members who have such funds transferred to the Judicial Retirement System would receive creditable service based on the amount transferred on behalf of the member, without creating any accrued liability to the System. Members wishing to obtain such creditable service are required to notify the board of trustees no later than December 31, 2004, or within 90 days of becoming a member of the Judicial Retirement System, whichever is later.
The addition of the amendment (AM 21 2320) would also authorize administrative law judges to become members of the Judicial Retirement System. Currently, they participate in the Employees' Retirement System. Administrative law judges wishing to become members of this System must notify the Board of Trustees no later than December 31, 2004 or within 90 days after becoming employed as an administrative law judge, whichever is later, and such decision is irrevocable. This bill authorizes such judges to obtain creditable service for prior service under the Employees' Retirement System. The amount of creditable service granted will be determined by the amount of employee and employer contributions paid by or on behalf of such member, plus interest, without creating any accrued liability to the Georgia Judicial Retirement System. Persons would be authorized, but not required, to pay some or all of the cost for any prior service not funded with the monies transferred from the Employees' Retirement System.
This is to certify that the changes made in this amended bill are cost reduction amendments as defined in the Public Retirement Systems Standards Law. This amendment incorporates the provisions of House Bill 976 (LC 21 7411) into House Bill 923 (LC 21 7409). As shown in the attached actuarial investigation and State Auditor's summary for House Bill 976 (LC 21 7411), the addition of the amendment would reduce the current unfunded actuarial accrued liability by $260,000 in the first year for the Employees' Retirement System. Therefore, passage of the amended bill would not require any funding from the State. A copy of the actuarial investigation and State Auditor's Summary for House Bills 923 and 976 is attached.

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Respectfully,

/s/ Russell W. Hinton State Auditor

On the adoption of the amendment, the yeas were 33, nays 0, and the Hudgens amendment was adopted.

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

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

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

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

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

On the passage of the bill, the yeas were 40, nays 0.

HB 923, having received the requisite constitutional majority, was passed as amended.

Senator Crotts of the 17th assumed the Chair.

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.

The Calendar was resumed.

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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.
Senate Sponsor: Senator Tanksley of the 32nd.
The Senate Judiciary Committee offered the following substitute to HB 1451:
A BILL TO BE ENTITLED AN ACT
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; 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 15-9-60 of the Official Code of Georgia Annotated, relating to probate court costs, is amended by striking paragraph (14) of subsection (k) and inserting new paragraphs (14) and (14.1) to read as follows:
"(14) Application for marriage license if the applicants have completed premarital counseling pursuant to Code Section 19-3-30.1...............10.00
(14.1) Application for a marriage license if the applicants have not completed marriage counseling pursuant to Code Section 19-3-30......50.00"
SECTION 2. Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, is amended by adding a new Code section to read as follows:
"19-3-30.1. In applying for a marriage license, a man and woman who certify on the application for a marriage license that they have successfully completed a qualifying marriage

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preparation program shall be charged the fee set forth in paragraph (14) of subsection (k) of Code Section 15-9-60. In order to qualify for this fee schedule, the couple shall have completed instruction involving marital issues, which may include but not be limited to conflict management, communication skills, financial responsibilities, child and parenting responsibilities, and extended family roles. The counseling shall be completed within 12 months prior to the application for a marriage license. The couple shall undergo the counseling together and the counseling shall include at least four hours of instruction. The premarital counseling shall be performed by:
(1) A professional counselor, social worker, or marriage and family therapist who is licensed pursuant to Chapter 10A of Title 43; (2) A physician who is licensed pursuant to Chapter 34 of Title 43; (3) A psychologist who is licensed pursuant to Chapter 39 of Title 43; or (4) An active member of the clergy when in the course of his or her service as clergy, or his or her designee, provided said designee is trained and skilled in premarital counseling."
SECTION 3. Said title is further amended by striking subsection (a) of Code Section 19-3-33, relating to the application for the marriage license and its contents, and inserting in lieu thereof the following:
"(a) A marriage license shall be issued on written application therefor, made by only one man and one woman seeking the license, verified by oath of the applicants. The application shall state that there is no legal impediment to the marriage and shall give the full present name of the proposed husband and the full present name of the proposed wife with their dates of birth, their present addresses, and the names of the father and mother of each, if known. If the names of the father or mother of either are unknown, the application shall so state. The application shall state that the persons seeking the license have or have not completed premarital counseling pursuant to Code Section 19-3-30.1. If the application states that the persons seeking the license have completed such premarital counseling, the applicants must submit a signed and dated statement from the person who provided the premarital counseling confirming that it was received."
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 5, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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

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

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires
Starr Stephens Y Stokes Y Tanksley N 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 45, nays 2.

HB 1451, having received the requisite constitutional majority, was passed by substitute.

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

The Calendar was resumed.
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.
Senate Sponsor: Senator Hall of the 22nd.

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The Senate Judiciary Committee offered the following substitute to HB 762:

A BILL TO BE ENTITLED AN ACT

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 judgment, writ of possession, landlords liability for wrongful conduct, and distribution of funds paid into court; to provide for removal of a tenant or the tenants personal property under certain circumstances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, is amended in Code Section 44-7-55, relating to judgment, writ of possession, landlords liability for wrongful conduct, and distribution of funds paid into court, by inserting at the end thereof a new subsection (c) to read as follows:
"(c) Any writ of possession issued pursuant to this article shall authorize the removal of the tenant or his or her personal property or both from the premises and permit the placement of such personal property on some portion of the landlords property or on other property as may be designated by the landlord and as may be approved by the executing officer; provided, however, that the landlord shall not be a bailee of such personal property and shall owe no duty to the tenant regarding such personal property. After execution of the writ, such property shall be regarded as abandoned."

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

Senator Fort of the 39th offered the following amendment:

Amend the Senate committee substitute to HB 762 by deleting on line 17 the word "After" and inserting in its place "The day after"

On the adoption of the amendment, Senator Johnson of the 1st, President Pro Tempore, ordered a roll call, and the vote was as follows:

Adelman N Balfour N Blitch N Bowen
Brown N Brush

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

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

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

N Jackson Johnson (PRS)
N Kemp,B E Kemp,R N Lamutt N Lee N Levetan N Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh

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

On the adoption of the amendment, the yeas were 6, nays 42, and the Fort amendment was lost.

On the adoption of the substitute, the yeas were 46, nays 0, and the committee substitute was adopted.

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

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

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

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

Y 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

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Y Gillis Y Golden Y Hall Y Hamrick

Mullis Y Price Y Reed Y Seabaugh

Unterman Y Williams
Zamarripa

On the passage of the bill, the yeas were 45, nays 0.

HB 762, having received the requisite constitutional majority, was passed by substitute.

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.

Senate Sponsor: Senator Smith of the 52nd.

The Senate Judiciary Committee offered the following substitute to HB 1229:

A BILL TO BE ENTITLED AN ACT

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 under certain circumstances; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1.

Code Section 16-5-70 of the Official Code of Georgia Annotated, relating to cruelty to children, is amended by inserting a new subsection (f) to read as follows:
"(f) The offense of cruelty to children in the second degree shall not be merged with a forcible felony, battery, or family violence battery, nor shall such offense be merged into another violation of cruelty to children in the second degree, and each violation shall be considered a separate offense."

PART II SECTION 2.

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Code Section 16-5-70 of the Official Code of Georgia Annotated, relating to cruelty to children, is amended by inserting a new subsection (f) to read as follows:
"(f) The offense of cruelty to children in the third degree shall not be merged with a forcible felony, battery, or family violence battery, nor shall such offense be merged into another violation of cruelty to children in the third degree, and each violation shall be considered a separate offense."

PART III SECTION 3.

(a) Part I of this Act shall become effective and Part II shall be repealed on July 1, 2004, if Senate Bill 467 as enacted at the 2004 session of the General Assembly does not become law. (b) Part II of this Act shall become effective and Part I shall be repealed on July 1, 2004, if Senate Bill 467 as enacted at the 2004 session of the General Assembly becomes law. (c) Part III of this Act shall become effective on July 1, 2004.

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

On the adoption of the substitute, the yeas were 33, nays 0, and the committee substitute was adopted.

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

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

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

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

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

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Y Gillis Y Golden Y Hall
Hamrick

Y Mullis Y Price Y Reed
Seabaugh

Y Unterman Y Williams
Zamarripa

On the passage of the bill, the yeas were 45, nays 0.

HB 1229, having received the requisite constitutional majority, was passed by substitute.

Senator Clay of the 37th asked unanimous consent that Senator Williams of the 19th be excused. The consent was granted, and Senator Williams 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 Butler of the 55th asked unanimous consent that Senator Thomas of the 10th be excused. The consent was granted, and Senator Thomas of the 10th was excused.

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.

Senate Sponsor: Senator Balfour of the 9th.

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

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

Adelman Y Balfour Y Blitch Y Bowen
Brown Y Brush

Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens

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

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

Y Jackson Johnson (PRS)
Y Kemp,B E Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

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

On the adoption of the resolution, the yeas were 47, nays 1.

HR 1343, having received the requisite constitutional majority, was adopted.

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia 30334
April 1, 2004

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

Dear Mr. Secretary:

Please let the Journal reflect that I was temporarily distracted and inadvertently voted "No" on House Resolution 1343 when I had planned to vote "Yes."

Thank you for your cooperation in this matter.

Sincerely,

/s/ Connie Stokes State Senator District 43

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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.

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
Brown Y Brush Y Bulloch
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
Henson Y Hill Y Hooks
Hudgens Y Jackson
Johnson (PRS) 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 Shafer
Y Smith,F Y Smith,P Y Squires
Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson E Tolleson Y Unterman E Williams
Zamarripa

On the passage of the bill, the yeas were 41, nays 0.

HB 1793, having received the requisite constitutional majority, was passed.

Senator Gillis of the 20th assumed the Chair.

The Calendar was resumed.

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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.

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:

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
Fort Gillis (PRS) Y Golden Y Hall Hamrick

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

On the passage of the bill, the yeas were 40, nays 1.

HB 1598, having received the requisite constitutional majority, was passed.

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Senator Johnson of the 1st, President Pro Tempore assumed the Chair.
The Calendar was resumed.
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.
Senate Sponsor: Senator Starr of the 44th.
The Senate Education Committee offered the following substitute to HB 1179:
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 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 certain public school bus stops; to provide for mandatory training of school bus drivers; to provide for a short title; to provide for policies and procedures regarding the operation of school buses; to require school buses to adhere to published times; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the equipment required on school buses; to provide for certain procedures to be followed by school bus drivers; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I

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SECTION 1.
Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, is amended in Code Section 16-5-20, relating to simple assault, by inserting a new subsection to be designated subsection (f) to read as follows:
"(f) Any person who commits the offense of simple assault against an employee of a public school system of this state while such employee is engaged in official duties or on school property shall, upon conviction of such offense, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'school property' shall include public school buses and stops for public school buses as designated by local school boards of education."
SECTION 2. Said chapter is further amended in Code Section 16-5-23, relating to simple battery, by inserting a new subsection to be designated subsection (i) to read as follows:
"(i) Any person who commits the offense of simple battery against an employee of a public school system of this state while such employee is engaged in official duties or on school property shall, upon conviction of such offense, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'school property' shall include public school buses and stops for public school buses as designated by local school boards of education."
SECTION 3. Said chapter is further amended in Code Section 16-5-23.1, relating to battery, by striking subsection (i) and inserting in lieu thereof the following:
"(i) Any person who commits the offense of battery against a teacher or other school personnel, engaged in the performance of official duties or while on school property shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years or a fine of not more than $10,000.00, or both. For purposes of this Code section, 'school property' shall include public school buses and public school bus stops as designated by local school boards of education."
SECTION 4. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary schools, is amended by striking Code Section 20-2-1181, relating to disruption of public schools, and inserting in lieu thereof the following:
"20-2-1181. It shall be unlawful for any person to disrupt or interfere with the operation of any public school, public school bus, or public school bus stop as designated by local school boards of education. Any person violating this Code section shall be guilty of a misdemeanor of a high and aggravated nature."

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PART II SECTION 5.
This part shall be known and may be cited as "Aleanas Law."
SECTION 6. Said chapter is further amended by adding a new Part 5 to Article 22 to read as follows:
"Part 5
20-2-1125. All persons employed as school bus drivers by any public school system in this state shall receive annual mandatory training on traffic laws pertaining to the operation of school buses and on school bus operations and safety. The State Board of Education shall establish the content and length of initial driver training and shall determine the qualifications of and certify the instructors who conduct such training. No person employed as a school bus driver by any public school system in this state shall operate a school bus unless such person has completed such training within the preceding 12 month period.
20-2-1126. (a) Each public school system in this state shall promulgate policies and procedures for the operation of school buses and the conduct and safety of those students who ride such buses. Such policies and procedures shall be in writing and available for public inspection. Each person employed as a school bus driver shall acknowledge in writing that he or she has received a copy of and has read and understands such policies and procedures. In the event that such policies and procedures are amended during the school year, such amended policies and procedures shall be provided to all persons employed by the school system as school bus drivers and, each such person shall acknowledge in writing that he or she has received a copy of and has read and understands such amended policies and procedures. (b) At the beginning of each school year, each public school system in this state shall provide each of its students with a copy of the school systems code of conduct as required by Code Section 20-2-736. In the event such code of conduct is amended during the school year, the school system shall provide copies of such amendments to the students. The receipt of such student code of conduct shall be acknowledged in writing by a parent or guardian of each student.
20-2-1127. Each public school system in this state shall make accessible a schedule of school bus routes that indicate the morning pickup route beginning time and the afternoon school bell time as well as the total number of stops on each school bus route. The time for the bus arrival at each stop will be commensurate with the route beginning time and

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prescribed stop sequence, except in unforeseen circumstances. This provision shall not apply to portal-to-portal special needs student transportation or special alternative instructional transportation programs."
SECTION 7. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding a new Code Section 40-6-165 to read as follows:
"40-6-165. (a) Prior to moving a school bus from a stop at which passengers have been loaded or unloaded, the driver of the bus shall check all mirrors to ensure that it is safe to place the bus in motion. (b) Prior to loading or unloading passengers from a school bus, the driver shall engage the parking brakes of the bus and shall not release such brakes until each passenger boarding the bus is on board and until each passenger disembarking from the bus is off the roadway and safely on the pedestrian areas of the roadway. (c) Prior to loading or unloading passengers from a school bus, the driver shall display the stop arm on the bus and shall not retract the stop arm until each passenger boarding the bus is on board and until each passenger disembarking from the bus is off the roadway and safely on the pedestrian areas of the roadway. (d) The driver of a school bus shall not use or operate a cellular telephone or two-way radio while loading or unloading passengers. (e) The driver of a school bus shall not use or operate a cellular telephone while the bus is in motion. (f) The driver of a school bus shall instruct all passengers exiting the bus of the proper procedures of crossing the roadway in front of the bus only. (g) The driver of a school bus shall ensure that the red flasher lights on the bus remain illuminated and flashing until all passengers have boarded or have exited the bus and have safely crossed the roadway and are safely on the pedestrian areas of the roadway. (h) The driver of a school bus shall extend the extension arm or gate on the front of the bus until all passengers have boarded or have exited the bus and have safely crossed the roadway and are safely on the pedestrian areas of the roadway."
SECTION 8. Said title is further amended by striking Code Section 40-8-111, relating to school bus equipment generally, and inserting in lieu thereof a new Code Section 40-8-111 to read as follows:
"40-8-111. (a) Every bus used for the transportation of school children shall be equipped as follows: Each school bus used for the transportation of school children in the State of Georgia shall be in compliance with the State Board of Education bus specifications for the model year of such school bus.

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(1) There shall be an emergency door located either at the rear of the body or at the side of the body opposite from the side on which the students normally board, so as to provide an emergency exit. The emergency door shall be operative from both the interior and exterior of the bus at all times; (2) The drivers seat shall be equipped with a seat belt which shall be fastened so as to secure the driver in his seat at all times when children are being transported on the bus; (3) Combination clearance and marker lights shall be installed at each of the four roof corners. The two such lights on the front of the vehicle shall be amber in color, and the two such lights on the rear of the vehicle shall be red in color. A cluster of three lights shall be mounted between the clearance and marker lights in the front and in the rear of the bus at the roof line thereof; (4) The body of the bus shall be equipped with four hooded or recessed red flasher lights. Such lights shall be at least 5 3/4 inches in diameter, sealed beam, and must flash when the bus is stopped to receive or discharge passengers. Two such lights shall be mounted in the front of the body above the windshield, and two such lights shall be mounted on the rear of the body above the rear windows; (5) There shall be installed on the left outer side of the body a stop arm to give notice to drivers of other vehicles that the bus is making a stop. The requirement for a stop arm may be waived by the State Board of Education in the event a more effective warning device is prescribed; (6) The exhaust system of the bus shall carry exhaust gases from the engine to a discharge point into the atmosphere, which point:
(A) Shall extend beyond the rear axle and shall extend at least five inches beyond the chassis frame and be mounted outside the chassis rail at end point; or (B) May extend to, but not beyond, the body limits on the left side of the bus, beyond the drivers compartment outboard of the chassis centerline; (7) All floor joints of the bus shall be gas tight and constructed so as to prevent the entry of engine exhaust gases into the passenger compartment. Any opening or separation of joints in the floor shall be repaired before the bus is used for the transportation of children; and (8) There shall be installed an outside roof mounted white flashing strobe light with clear lens emitting light 360 degrees around its vertical axis. Such strobe light shall be no greater than one-third the distance from the rear of the bus to the front of the bus and shall flash when the bus is stopped to receive or discharge passengers. Local boards of education shall be authorized, in their discretion, to require such strobe lights on buses carrying special education passengers. (b) Each public school system shall be required to maintain each of its school buses in good working condition, including all safety equipment required in accordance with the specifications established pursuant to subsection (a) of this Code section. (b)(c) Nothing in subsection (a) of this Code section shall apply to motor vehicles operated by a local transit system which transport school children to and from school on regular or scheduled routes of a transit vehicle with regular fare-paying passengers."

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PART III SECTION 9.
(a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 2004. (b) Part I of this Act shall become effective on July 1, 2004, and shall apply to offenses committed on or after such date.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
Senators Hall of the 22nd, Cheeks of the 23rd, Johnson of the 1st, Starr of the 44th and Balfour of the 9th offered the following amendment # 1:
Amend the Senate Education Committee substitute to HB 1179 by inserting after "battery;" on line 4 of page 1 the following:
"to require that the photographs of certain persons convicted of stalking and aggravated stalking offenses shall be published in the legal organ of the county in which such person is convicted;".
By inserting between lines 20 and 21 of page 2 the following:
"SECTION 3B. Said chapter is further amended by adding a new Code section to read as follows:
'16-5-96. (a) The clerk of the court in which a person is convicted of a second or subsequent violation of Code Section 16-5-90 or 16-5-91 shall cause to be published a notice of conviction for such person. Such notice of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, the name and address of the convicted person, and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. (b) The convicted person for which a notice of conviction is published pursuant to this Code section shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed. (c) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous

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publication, provided that such publication was made in good faith.'"
On the adoption of the amendment, the yeas were 33, nays 0, and the Hall, et al. amendment # 1 was adopted.
Senators Hall of the 22nd, Cheeks of the 23rd, Johnson of the 1st, Starr of the 44th and Balfour of the 9th offered the following amendment # 2:
Amend the Senate Education Committee substitute to HB 1179 by inserting after "battery;" on line 4 of page 1 the following:
"to require that the photographs of certain persons convicted of certain assaults and batteries involving family violence shall be published in the legal organ of the county in which such person is convicted;".
By inserting between lines 20 and 21 of page 2 the following:
"SECTION 3A. Said chapter is further amended by adding a new Code section to read as follows:
'16-5-26. (a) The clerk of the court in which a person is convicted of a second or subsequent violation of Code Section 16-5-20 and is sentenced pursuant to subsection (d) of such Code section, Code Section 16-5-23 and is sentenced pursuant to subsection (f) of such Code section, or Code Section 16-5-23.1 shall cause to be published a notice of conviction for such person. Such notice of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, the name and address of the convicted person, and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. (b) The convicted person for which a notice of conviction is published pursuant to this Code section shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed. (c) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided that such publication was made in good faith.'"
On the adoption of the amendment, the yeas were 34, nays 0, and the Hall, et al. amendment # 2 was adopted.

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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:

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
Fort Y Gillis Y Golden Y Hall Y Hamrick

Harbison Y Harp
Henson Y Hill Y Hooks Y Hudgens Y Jackson
Johnson (PRS) Y Kemp,B E Kemp,R Y Lamutt Y Lee
Levetan Y Me V Bremen Y Moody Y Mullis 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 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 1179, having received the requisite constitutional majority, was passed by substitute.

Senators Brush of the 24th, Moody of the 27th and Cheeks of the 23rd introduced Bobby L. Christine, commended by SR 1053, adopted previously.

The Calendar was resumed.

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

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certain special fees; to increase a certain amount available for appropriation to the Public Service Commission; and for other purposes.
Senate Sponsor: Senator Seabaugh of the 28th.
Senator Seabaugh of the 28th asked unanimous consent that HB 1354 be placed on the Table. The consent was granted, and HB 1354 was placed on the Table.
Senator Balfour of the 9th asked unanimous consent that legislation on the Senate Rules Calendar be allowed to be taken up out of order.
Senator Bulloch of the 11th objected.
The Calendar was resumed.
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.
Senate Sponsor: Senator Harp of the 16th.
Senator Balfour of the 9th asked unanimous consent that HB 229 be placed on the Table. The consent was granted, and HB 229 was placed on the Table.
The President resumed the Chair.
The Calendar was resumed.
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

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of personal property in custody of a law enforcement agency; 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 Y Balfour
Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks
Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall 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
Price Reed Y Seabaugh

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

On the passage of the bill, the yeas were 45, nays 0.

HB 484, having received the requisite constitutional majority, was passed.

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

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reckless disregard shall be a misdemeanor or a high and aggravated misdemeanor; and for other purposes.

Senate Sponsor: Senator Shafer of the 48th.

Senator Balfour of the 9th asked unanimous consent that HB 211 be placed on the Table. The consent was granted, and HB 211 was placed on the Table.

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.

Senate Sponsor: Senator Williams of the 19th.

Senator Balfour of the 9th moved that HB 648 be placed on the Table.

Senator Bulloch of the 11th objected.

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

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

N Harbison Y Harp N Henson Y Hill N 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
Price Reed Seabaugh

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

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On the motion, the yeas were 27, nays 18; the motion prevailed, and HB 648 was placed on the Table.
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.
Senate Sponsor: Senator Moody of the 27th.
The Senate Agriculture and Consumer Affairs Committee offered the following substitute to HB 656:
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 require that credit card issuers take steps to verify a consumers change of address when a person responds by mail to an unsolicited application for credit and provides an address that is different from the address to which such solicitation was mailed; to provide an exception; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, is amended by adding a new paragraph (29.1) to read as follows:
"(29.1) With respect to any credit card issuer: (A) A credit card issuer who mails an unsolicited offer or solicitation to apply for a credit card and who receives by mail a completed application in response to the solicitation which lists an address that is not substantially the same as the address on the solicitation may not issue a credit card based on that application until steps have been taken to verify the applicants valid address to the same extent required by regulations prescribed pursuant to subsection (l) of 31 U.S.C. Section 5318. Any person who violates this paragraph commits an unlawful practice within the meaning of this Act.

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(B) Notwithstanding subparagraph (A) of this paragraph, a credit card issuer, upon receiving an application, may issue a credit card to a consumer or commercial customer with whom it already has a business relationship provided the address to which the card is mailed is a valid address based upon information in the records of the credit card issuer or its affiliates;".

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

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

Y Harbison Y Harp Y Henson E Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B E Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price
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 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 656, having received the requisite constitutional majority, was passed by substitute.

Senator Balfour of the 9th asked unanimous consent to Table the following bills out of order:

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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.
Senate Sponsor: Senator Mullis of the 53rd.
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.
Senate Sponsor: Senator Crotts of the 17th.
HB 666. By Representative Lord of the 103rd:
A BILL to amend Code Section 36-81-7 of the Official Code of Georgia Annotated, relating to requirement of audits, so as to change the amount of annual expenditures of local governments requiring annual audits; and for other purposes.
Senate Sponsor: Senator Mullis of the 53rd.
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.
Senate Sponsor: Senator Henson of the 41st.

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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.
Senate Sponsor: Senator Cagle of the 49th.

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.
Senate Sponsor: Senator Reed of the 35th.

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.
Senate Sponsor: Senator Shafer of the 48th.

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.
Senate Sponsor: Senator Hamrick of the 30th.

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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.
Senate Sponsor: Senator Gillis of the 20th.
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.
Senate Sponsor: Senator Butler of the 55th.
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.
Senate Sponsor: Senator Williams of the 19th.
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.
Senate Sponsor: Senator Tolleson of the 18th.

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The consent was granted and the bills listed above were Tabled.
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.
The Calendar was resumed.
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.
Senate Sponsor: Senator Bulloch of the 11th.
The Senate Agriculture and Consumer Affairs Committee offered the following substitute to HB 1147:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to 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; to change certain provisions relating to applicability of certain provisions relative to the Office of State Administrative Hearings; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, is amended by adding a new Code section to read as follows:
"2-2-9.1. (a) As used in this Code Section, the term 'aggrieved or adversely affected' means that the challenged action has caused or will cause the person injury in fact, and the injury is to an interest within the zone of interests to be protected or regulated by the statute that

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the Commissioner is empowered to administer and enforce. (b) The Commissioner shall issue all orders, and perform actions to include impoundments, quarantine, the issuance, suspension, denial, or revocation of registrations, licenses, or permits, or approval or denial of applications for registrations, licenses, or permits provided for in such federal and state laws as are to be enforced by the Department of Agriculture. (c) Any administrative order issued by the Commissioner shall specify the alleged violation, prescribe a reasonable time for some type of action to be accomplished, and provide notice of the right to a hearing. Any order issued pursuant to this Code section shall become final unless the aggrieved or adversely affected registrant, licensee, permittee, applicant, equine owner, livestock owner, dog or cat owner, exotic and pet bird owner, or farmer of crops or livestock, chickens, or other animals timely requests a hearing in writing as provided by this Code section. (d) Any registrant, licensee, permittee, applicant, equine owner, livestock owner, dog or cat owner, exotic and pet bird owner, or farmer of crops or livestock, chickens, or other animals aggrieved or adversely affected by any order or action of the Commissioner to include the issuance, suspension, denial, or revocation of a registration, license, permit, or application, impoundment, quarantine or stop sale, stop use, or stop removal order, upon petition within 30 days after the issuance of such order or the taking of such action, shall have a right to a hearing before a hearing officer appointed or designated for such purpose by the Commissioner. The decision of the hearing officer shall constitute an initial decision of the Department of Agriculture, and any party to the hearing, including the Commissioner, shall have the right to final agency review before the Commissioner in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the provisions of this chapter. (e) Where a statute which the Commissioner has responsibility for administration or enforcement or a provision of Article 1 of Chapter 13 of Title 50 provides for different administrative procedures in providing for a notice and opportunity to be heard other than those specified in this Code section, the Commissioner may elect which procedure to be used on a case-by-case basis. (f) In the event the Commissioner asserts in response to the petition before the hearing officer that the petitioner is not aggrieved or adversely affected, the hearing officer shall take evidence and hear arguments on such issue and thereafter make a ruling on such issue before continuing with the hearing. The burden of going forward with evidence on such issue shall rest with the petitioner. The decision of the hearing officer shall constitute the initial decision of the Commissioner; and any party to the hearing, including the Commissioner, shall have the right for final agency review before the Commissioner in accordance with Chapter 13 of Title 50. (g) Prior to notice, hearing, or determination, the Commissioner is authorized to impose civil penalties in settlement of contested cases through administrative consent orders. The Commissioner is authorized to impose through administrative consent orders civil penalties of up to and including $1,000.00 per violation, except as otherwise authorized by law.

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(h)(1) The Commissioner may seek civil penalties for the violation of those laws to be enforced by the Department of Agriculture; and where the imposition of such penalties is provided for therein, the Commissioner upon written request may cause a hearing to be conducted before a hearing officer appointed or designated by the Commissioner for the purpose of determining whether such civil penalties should be imposed in accordance with the applicable law. (2) The decision of the hearing officer shall constitute the initial decision of the Commissioner; and any party to the hearing, including the Commissioner, shall have the right of final agency review before the Commissioner in accordance with Chapter 13 of Title 50. (3) In rendering a decision on a requested civil penalty, the hearing officer shall consider all relevant factors including, but not limited to, the following:
(A) The amount of civil penalty necessary to ensure immediate and continued compliance and the extent to which the violator may have profited by failing or delaying to comply; (B) The conduct of the person incurring the civil penalty in promptly taking all feasible steps or procedures necessary or appropriate to comply with or to correct the violation or failure to comply; (C) Any prior violations of, or failures by, such person to comply with statutes, rules, regulations, or orders administered, adopted, or issued by the Commissioner; (D) The character and degree of injury to or interference with public health or safety which is caused or threatened to be caused by such violation or failure to comply; (E) The character and degree of injury to or interference with reasonable use of property which is caused or threatened to be caused by such violation or failure to comply; and (F) The character and degree of intent with which the conduct of the person incurring the civil penalty was carried out. (i)(1) Once the hearing officer issues an initial decision, that decision may be appealed by any party to the Commissioner for final agency review. The party requesting final agency review shall have 30 days from notice of the initial decision to file an application for final agency review. If the initial decision is not appealed within 30 days by any party, it shall be deemed final without need of any further proceedings. (2) In application, the party requesting final agency review from the Commissioner shall include a short and plain statement of: (A) The reasons for seeking review; and (B) Any alleged errors in the initial decision. (3) The Commissioner may in his or her discretion seek review on his or her own motion pursuant to subsection (a) of Code Section 50-13-17. (4) Opposing parties may submit statements in response within 20 days of service of an application for final agency review. (5) A copy of any application for final agency review or in opposition of application

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for review shall be served on all parties and their counsel as well as the Commissioner. (j)(1) The standard for final agency review of the initial decision shall be de novo review. (2) The Commissioner may only review the record considered by the hearing officer in the initial decision hearing. The Commissioner shall not rely on investigative files. (3) The Commissioner shall possess all the powers that the hearing officer had during the initial decision hearing. (4) There shall be a presumption of correctness for the hearing officers credibility determination of witnesses appearing before the hearing officer. (5) The Commissioner shall not base his or her decision on conjecture, speculation, or impermissible inferences. (k)(1) The hearing officer shall forward to the Commissioner prior to review:
(A) A copy of the record of the case including the initial decision; (B) All pleadings; (C) Transcripts of the hearing; and (D) All exhibits. (2) During the final agency review, the Commissioner may hear or take testimony from any party, including the registrant, licensee, permittee, applicant, equine owner, livestock owner, dog or cat owner, exotic and pet bird owner, or farmer of crops or livestock, chickens, or other animals based on such authority as existed during the initial decision hearing. (3) A party may file a motion not less than 14 days prior to the date of the final agency review to introduce evidence not submitted at the initial decision hearing. Additional evidence may be admitted only if it is material and if good cause exists for not presenting the evidence at the initial decision hearing. Opposing parties may submit responding motions in support of suppression of additional evidence seven days prior to the final agency review. Copies of all motions shall be served on the other party and its counsel as well as the Commissioner. (l)(1) The final decision shall be in writing, and if an initial decision is modified, the Commissioner shall give his or her reasons therefor in the form of findings of fact and conclusions of law, separately stated, along with the effective date of the final decision. If the Commissioner does not issue a final decision within 30 days, the initial decision shall be deemed final without need of further proceedings. Further, once the initial decision is final, a party's right to judicial review shall be extinguished. (2) The Commissioner's decision must be rendered not later than 30 days following the date the initial decision was issued. (3) The Commissioner may modify sanctions after review of an initial decision on appeal, stating the sanctions in the final decision. The Commissioner shall not have to make separate findings of fact to justify modified sanctions. (4) The period of decision may be extended due to complexity of issues or volume of record materials. All parties involved shall be notified of any extension. A decision

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shall be rendered as soon as practicable. (5) The Commissioner shall serve on the:
(A) Opposing party; (B) Opposing partys counsel; (C) Agency counsel; and (D) Original hearing officer any resulting decision or notify the above parties if there is no change to the initial decision along with a statement of rights on appeal to the opposing party and counsel within 30 days of any such decision. (m)(1) A party, or the Commissioner on his or her own motion, may seek reconsideration by the Commissioner of a final agency decision. (2) A partys written request for reconsideration must be submitted to the Commissioner within ten days of service of the final decision. The request shall include a short and plain statement of: (A) All matters alleged to have been erroneously decided; and (B) Any newly discovered factual matters and the reasons why any matters were not raised previously. (3) Opposing parties may submit statements in response within 20 days of service of the request of the consideration. (4) All requests for reconsideration and statements in opposition shall be served on all parties and the Commissioner. (5) If the final agency decision is modified, the Commissioner shall give his or her reasons therefor in the form of findings of fact and conclusions of law along with the effective date of the decision. (6) The Commissioner's decision shall be rendered within 30 days following the latest filing deadline. (n) Judicial review of the Commissioners final decision may be had in accordance with Code Section 50-13-19. (o)(1) Any order issued by the Commissioner under the laws of this state to be enforced by the Department of Agriculture pursuant to a final decision, either unappealed from as provided by law or affirmed or modified on any review or appeal, and from which no further review is taken or allowed, may be filed, by certified copy of the order or final decision from the department, in the superior court of the county wherein the person under order resides, or if such person is a corporation in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred or in which jurisdiction is appropriate; whereupon such superior court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though such judgment had been rendered in an action duly heard and determined by such court. (2) The Commissioner may commence an action in any superior court of proper venue to enforce any order issued by him or her and made an order of the superior court pursuant to this Code section.

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(p)(1) If a judicial review of the Commissioners final decision is sought in accordance with Code Section 50-13-19, and the matter involves the impoundment of equines under Chapter 13 of Title 4, the 'Georgia Humane Care for Equines Act,' the Commissioner shall, along with his or her answer to the petition, include a statement of the costs incurred in the impoundment and care of the impounded animal or animals and an estimate of the future costs expected to be incurred in the care of the impounded animal or animals. The judge of the superior court may then require the petitioner to submit a surety bond to the court in an amount necessary to provide for the reasonable costs of care for the impounded animal or animals. In lieu of a surety bond, the court may accept a cash bond or property bond, which shall in all respects be subject to the same claims and actions as would exist against a surety bond. (2) Upon the entering of a final adverse decision against an aggrieved party by the superior court, the Commissioner shall within 15 days deliver to the court and to the aggrieved party a statement of the costs incurred in the impoundment and care of the impounded animal or animals. The aggrieved party shall then render payment of such costs to the Commissioner within 15 days after the service of the statement of the costs. If the aggrieved party fails to render payment to the Commissioner within the time period required in this paragraph, the Commissioner may commence and maintain an action against the principal and surety on the bond of the aggrieved party as in any civil action."
SECTION 2. Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," is amended by striking subsection (b) of Code Section 50-13-19, relating to judicial review of contested cases, and inserting in lieu thereof the following:
"(b) Proceedings for review are instituted by filing a petition within 30 days after the service of the final decision of the agency or, if a rehearing is requested, within 30 days after the decision thereon. The petition may be filed in the Superior Court of Fulton County or in the superior court of the county of residence of the petitioner. When; or, if the petitioner is a corporation, the action may be brought in the Superior Court of Fulton County or in the superior court of the county where the petitioner maintains its principal place of doing business in this state; and provided, further, that all proceedings for review with respect to orders, rules, regulations, or other decisions or directives of the Commissioner of Agriculture may also be brought in the Superior Court of Tift County or the Superior Court of Chatham County. All proceedings for review, however, with respect to orders, rules, regulations, or other decisions or directives of the Public Service Commission must be brought in the Superior Court of Fulton County. Copies of the petition shall be served upon the agency and all parties of record. The petition shall state the nature of the petitioners interest, the fact showing that the petitioner is aggrieved by the decision, and the ground as specified in subsection (h) of this Code section upon which the petitioner contends that the decision should be reversed or modified. The petition may be amended by leave of court."

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SECTION 3. Said chapter is further amended in Code Section 50-13-42, relating to applicability of certain provisions relative to the Office of State Administrative Hearings, by striking subsection (a) and inserting in lieu thereof the following:
"(a) In addition to those agencies expressly exempted from the operation of this chapter under paragraph (1) of Code Section 50-13-2, this article shall not apply to the Commissioner of Agriculture, the Public Service Commission, the Health Planning Review Board, or the Department of Community Health or to the Department of Labor with respect to unemployment insurance benefit hearings conducted under the authority of Chapter 8 of Title 34. Such exclusion does not prohibit these such office or agencies from contracting with the Office of State Administrative Hearings on a case-by-case basis."
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 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:

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

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

Y Seay Shafer 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

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On the passage of the bill, the yeas were 46, nays 0.
HB 1147, having received the requisite constitutional majority, was passed by substitute.
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.
Senate Sponsor: Senator Balfour of the 9th.
Senators Bulloch of the 11th, Moody of the 27th and Price of the 56th offered the following amendment:
Amend HB 1168 by adding after the word "as" on line 2 of page 1 the following: "to change certain provisions relating to furnishing of information;"
By adding a new Section 1 to read as follows:
"SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers licenses, is amended in Code Section 40-5-2, relating to keeping of records of applications for licenses and information on licensees and furnishing of information, by adding a new subparagraph (c)(1)(B.1) to read as follows:
'(B.1) The department shall implement a pilot program of up to six months to determine the revenue feasibility of supplying limited rating information to agents, insurers, and insurance support organizations. The department shall report the results of such pilot program to the Office of Planning and Budget. If the Office of Planning and Budget determines that the pilot program is successful, then the department shall also furnish limited rating information to insurance support organizations for the same purposes as provided in division (c)(1)(B)(ii) of this Code section, pursuant to a contract with the Georgia Technology Authority, provided that all other necessary requirements of subsection (c) of this Code section have been met;'".
By redesignating Sections 1, 2, and 3 as Sections 2, 3, and 4, respectively.

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By striking lines 9 and 10 of page 1 and inserting in their places the following: "Said chapter is further amended by striking subsection (a) of Code Section 40-5-26, relating to"

On the adoption of the amendment, the yeas were 32, nays 0, and the Bulloch, 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:

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

Y Harbison Y Harp Y Henson E 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 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.

HB 1168, having received the requisite constitutional majority, was passed as amended.

The President introduced Mayor Shirley Franklin of the City of Atlanta. Mayor Franklin addressed the Senate briefly.

Senator Seabaugh of the 28th asked unanimous consent that Senator Williams of the 19th be excused. The consent was granted, and Senator Williams was excused.

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Senator Seabaugh of the 28th asked unanimous consent that Senator Hill of the 4th be excused. The consent was granted, and Senator Hill was excused.
Senator Seabaugh of the 28th asked unanimous consent that Senator Cheeks of the 23rd be excused. The consent was granted, and Senator Cheeks was excused.
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.
The Calendar was resumed.
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.
Senator Smith of the 25th offered the following amendment # 1 to SR 596:
By striking the phrase "Pettigrew Road Bridge in Milledgeville, Georgia, the Rosa Proctor Bridge" of lines 1 and 2 of page 1 and inserting in lieu thereof "Rosa Proctor Intersection".
By deleting lines 4 through 6 of page 2 and inserting in lieu thereof the following:
"appreciation of her consistent generosity, foresight, and dedication to the public good, the intersection of SR 22 and Pettigrew Road in Milledgeville, Georgia, is hereby designated the Rosa Proctor Intersection."
On the adoption of the amendment, the yeas were 33, nays 1, and the Smith of the 25th amendment # 1 was adopted.
Senator Smith of the 25th offered the following amendment # 2 to SR 596:
By inserting immediately preceding line 1 of page 1 the caption "Part I".
By inserting immediately following line 11 of page 2 the following:
"Part II
WHEREAS, George Merron Peters was born on January 20, 1927; and

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WHEREAS, he faithfully served as the mayor of Good Hope, Georgia, from January 1, 1971, until his death on October 30, 2003; and
WHEREAS, Mr. Peters was devoted to his family, his community, and his church, and
NOW, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that members of this body urge that the portion of Georgia Highway 83 within the city limits of Good Hope be designated as the Mayor George Merron Peters Memorial Highway, and the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Mayor George Merron Peters Memorial Highway.
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 to the family of the late George Merron Peters."
Senator Smith of the 25th asked unanimous consent that her amendment # 2 be withdrawn. The consent was granted, and the amendment was withdrawn.
Senators Mullis of the 53rd and Thomas of the 54th offered the following amendment #3:
Amend SR 596 by inserting on line 2 of page 1, following "Bridge;", the following: "dedicating a portion of the Battlefield Parkway in Catoosa County to the memory of
Baxter Shavers;".
By striking the period at the end of line 2 of page 2 and inserting in lieu thereof the symbol and word "; and", and by inserting immediately following such line the following:
"WHEREAS, Baxter Shavers, a deputy sheriff of Catoosa County, sacrificed his life in the line of duty in April 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."
By inserting immediately following line 6 of page 2 the following: "BE IT FURTHER RESOLVED 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."
By inserting on line 8 of page 2 following the word "bridge" the word "and highway".

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On the adoption of the amendment, the yeas were 34, nays 1, and the Mullis, Thomas of the 54th amendment # 3 was adopted.
Senator Stephens of the 51st offered the following amendment # 4:
Amend SR 596 by striking line 2 of page 1 and inserting in lieu thereof the following: "Georgia, the Rosa Proctor Bridge; designating the Henry McNeal Turner Parkway; and for other purposes."
By inserting between lines 6 and 7 of page 2 the following: "BE IT FURTHER RESOLVED that the portion of SR 154 in DeKalb County from its intersection with Candler Road in Decatur, Georgia, to its intersection with SR 10 in DeKalb County and that portion of SR 10 in DeKalb County from its intersection with SR 154 to its intersection with U.S. Highway 78 in DeKalb County is hereby redesignated as the Henry McNeal Turner Parkway and that appropriate identifying signs shall be erected by the Department of Transportation."
Senators Fort of the 39th and Tate of the 38th offered the following amendment # 4a:
Amend Amendment #4 to SR 596 by line 7 delete "Candler Road" to line 9 "Highway 78" and replace with "Glenwood Road in DeKalb County"
Senator Stephens of the 51st asked unanimous consent that his amendment # 4 be withdrawn. The consent was granted, and the amendment was withdrawn.
Pursuant to the withdrawal of the Stephens of the 51st amendment # 4, the Fort, Tate amendment # 4a was moot.
Senator Thompson of the 33rd offered the following amendment # 5:
Amend SR 596 by inserting after line of page the following: "BE IT FURTHER RESOLVED that the intersection of SR 139 (Mableton Parkway) and U.S. 78 (Veterans' Memorial Highway) shall be named in honor of the late Robert L. and Sally Thompson who were pioneers during this communitys growth."
Following the last line on page 2
On the adoption of the amendment, the yeas were 33, nays 1, and the Thompson amendment # 5 was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

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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 E Cagle E 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 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
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 E Williams Y Zamarripa

On the adoption of the resolution, the yeas were 48, nays 0.

SR 596, having received the requisite constitutional majority, was adopted as amended.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:

The House has disagreed to the Senate substitutes to the following Bills of the House:

HB 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.

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HB 1823. By Representatives Martin of the 37th, Burkhalter of the 36th, Jones of the 38th and Campbell of the 39th:
A BILL to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, so as to change the provisions relating to the compensation of the mayor and councilmembers; to provide for a referendum; to provide a contingent effective date; and for other purposes.
The House insists on its position in amending the Senate substitute to the following Bill of the House:
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.
Mr. President:
The House has agreed to the Senate substitutes to the following Bills 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.
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.

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Mr. President:
The House has disagreed to the Senate substitute to the following Bill 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.
Mr. President:
The House has disagreed to the Senate substitute to the following Bill of the House:
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 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 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

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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.
The Speaker has appointed on the part of the House, Representatives Greene of the 134th, Jamieson of the 22nd, and Houston of the 139th.
The following bill was taken up to consider House action thereto:
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.
Senator Smith of the 52nd asked unanimous consent that the Senate insist on its substitute to HB 1028.
The consent was granted, and the Senate insisted on its substitute to HB 1028.
The Calendar was resumed.
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.
Senate Sponsor: Senator Meyer von Bremen of the 12th.
The Senate Special Judiciary Committee offered the following substitute to HB 1086:
A BILL TO BE ENTITLED AN ACT
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; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 45-11-8 of the Official Code of Georgia Annotated, relating to engaging in the bail bond business, is amended by striking the Code section and inserting in lieu thereof the following:
"45-11-8. (a) It shall be unlawful for any elected official, officer of the court, law enforcement officer, or attorney in this state to engage either directly or indirectly in the bail bond business. For purposes of this Code section, 'elected official' shall not include persons who are elected to the local school board or who are elected to the governing authority of any county, municipality, or consolidated government; provided, however, that any such person shall not be allowed to participate directly or indirectly in the operation of a bail bond business within the jurisdiction of the office to which he or she is elected. (b) Any person who violates this Code section shall be guilty of a misdemeanor."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Senators Kemp of the 3rd and Thomas of the 2nd offered the following amendment:
Amend the Senate Special Judiciary Committee substitute to HB 1086 by striking on line 16 of page 1 the words "directly or indirectly".
Senator Hudgens of the 47th asked unanimous consent that HB 1086 be placed on the Table. The consent was granted, and HB 1086 was placed on the Table.
The following bill was taken up to consider House action thereto:
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.

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Senator Brush of the 24th asked unanimous consent that the Senate insist on its substitute to HB 1190.
The consent was granted, and the Senate insisted its substitute to HB 1190.
Senator Kemp of the 46th asked unanimous consent that Senator Clay of the 37th be excused. The consent was granted, and Senator Clay was excused.
The following bill was taken up to consider House action thereto:
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.
The House substitute was as follows:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by striking Section 3 and inserting in its place a new Section 3 to read as follows:
"SECTION 3. (a) For purposes of electing members of the board of commissioners, Chatham County is divided into eight commissioner districts. One member of the board shall be elected from each such district. The eight commissioner districts shall be and correspond to those eight numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: Alternative-F2 Plan Type: Local User: Gina

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Administrator: Chatham Co. (b) 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 Chatham County 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 Chatham County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia. (c) Commissioner Districts 1, 2, 3, 4, 5, 6, 7, and 8, as they exist on January 1, 2004, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, 5, 6, 7, and 8, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act."
SECTION 2. It shall be the duty of the attorney of the Board of Commissioners of Chatham County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Plan Name: Alternative-F2 Plan Type: Local User: Gina Administrator: Chatham Co. Redistricting Plan Components Report
District 001 Chatham County
Tract: 102 BG: 3
3000 3001 3004 3005 3006 3020 3021 Tract: 110.03 Tract: 110.04 BG: 1

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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 3026 3983 3984 3985 3986 3987 3988 3989 3990 3991 3992 3993 3994 3995 3997 3998 3999 Tract: 111.01 BG: 1 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5996 5997 5998 5999 Tract: 29 Tract: 30 BG: 2 BG: 3 Tract: 34 BG: 3 BG: 4 BG: 5 BG: 6 Tract: 39 BG: 1 1025 1026 1027 1028 BG: 4 4000 4001 4002 4003 Tract: 40.01 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 BG: 3 BG: 5 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 Tract: 41 Tract: 42.02 BG: 5 5000

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THURSDAY, APRIL 1, 2004
District 002 Chatham County
Tract: 101.01 BG: 1 BG: 2
2004 2018 2019 2021 2022 2023 2024 2025 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2068 2069 2071 2076 Tract: 11 Tract: 13 BG: 1 1000 Tract: 15 Tract: 20 Tract: 21 Tract: 22 Tract: 24 BG: 1 1000 1001 1002 1003 1006 1007 1008 1009 1010 1011 1012 1013 1014 1017 1018 1019 1020 1021 1022 BG: 2 2000 2001 2002 2003 2004 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2033 2034 2035 2036 2037 2038 2039 2040 Tract: 25 Tract: 26 Tract: 27 Tract: 3 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 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 Tract: 30 BG: 1 Tract: 35.01 Tract: 35.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1014 1015 1016 1017 1018 1019 Tract: 36.01 BG: 1

2753

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1000 1001 1002 1003 1005 1006 1009 1010 1011 1012 1013 1014 1015 1018 1019 BG: 4 4006 4008 4009 4010 4013 4014 Tract: 36.02 BG: 4 4005 4006 4009 4010 4019 4020 4021 4031 Tract: 37 BG: 1 BG: 2 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016
District 003 Chatham County
Tract: 101.01 BG: 2
2000 2001 2002 2003 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2020 2026 2027 2028 2029 2030 2055 2056 2067 2070 2072 2073 2074 2075 2077 2078 2995 2996 2997 2998 2999 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: 106.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1074 1075 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1984 1992 1993 1994 1995 1996 1997 1998 1999 Tract: 111.01 BG: 5 5015 5016 5017 5018 5019 5020 5021 5022 5023 5993 5994 5995 Tract: 13 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1020 Tract: 3 BG: 1

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THURSDAY, APRIL 1, 2004
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1018 1019 1020 1021 1022 1023 1024 1025 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1076 1077 1078 1079 1080 1081 1082 1083 1084 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1999 BG: 2 2000 2037 2038 2039 2040 2041 2046 2047 2048 2049 2050 2051 2052 2053 2054 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 Tract: 35.02 BG: 1 1013 1020 1021 1022 1023 1024 BG: 2 BG: 3 BG: 4 Tract: 36.01 BG: 1 1004 1007 1008 1016 1017 1020 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4007 4011 4012 4999 Tract: 36.02 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4007 4008 4011 4012 4013 4014 4015 4016 4017 4018 4022 4023 4024 4025 4026 4027 4028 4029 4030 4032 4033 BG: 5 Tract: 37 BG: 2 2000 2001 2002 2003 2004 2005 2006 Tract: 38 Tract: 39 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

2755

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BG: 3 BG: 4
4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 Tract: 40.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1023 1024 1025 1026 1027 1028 Tract: 8 Tract: 9
District 004 Chatham County
Tract: 109.02 BG: 1
1048 1999 Tract: 110.02 Tract: 110.04 BG: 3
3024 3025 3996 Tract: 111.01 BG: 2 BG: 3 BG: 4 Tract: 111.03 Tract: 111.04 Tract: 111.05
District 005 Chatham County
Tract: 105.02 BG: 1
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: 109.01 BG: 1 1000 Tract: 28 Tract: 34 BG: 1

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THURSDAY, APRIL 1, 2004
BG: 2 Tract: 40.01 BG: 1 Tract: 42.02 BG: 1 BG: 2 BG: 3 BG: 6
6000 6001 BG: 7
7000 7001 Tract: 42.05 BG: 4
4007 4013 Tract: 42.07 Tract: 42.08 Tract: 43 Tract: 44 Tract: 45 BG: 2
2008 2009 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 BG: 3 BG: 4
District 006 Chatham County
Tract: 108.02 BG: 2
2038 2040 2041 2042 2043 2044 2997 2999 Tract: 108.04 BG: 2
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 BG: 3 Tract: 108.05 BG: 2 BG: 3 Tract: 109.01 BG: 1
1001 1002 1003 1004 1005 BG: 2 BG: 3 Tract: 109.02

2757

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2758

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 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1049 1994 1995 1996 1997 1998
Tract: 40.02 BG: 4 BG: 5
5000 5001 5002 5003 5004 5005 5006 5007 5008 Tract: 42.02 BG: 4 BG: 5
5001 5002 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: 8 BG: 9 Tract: 42.05 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4008 4009 4010 4011 4012 4014 4015 4016 4017 4018 4019 4020 4999 BG: 5 BG: 6 BG: 7 Tract: 42.06
District 007 Chatham County
Tract: 105.01 BG: 1
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 BG: 2
2006 2007 2008 2009 2010 2011 Tract: 106.01 BG: 1
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011

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THURSDAY, APRIL 1, 2004
1012 BG: 2 BG: 3
3001 3002 3003 3004 3005 3006 BG: 4
4000 4001 4002 4003 Tract: 106.03 BG: 1
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1017 1018 1019 1020 1021 1022 1023 1024 1025 BG: 2 Tract: 106.04 BG: 1 1063 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 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 1160 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1182 1183 1184 1185 1186 1187 1188 1983 1984 1985 1986 1987 1988 1991 1992 1993 1994 1995 1996 1997 1998 1999 BG: 3 BG: 4 BG: 5 Tract: 108.01 Tract: 108.02 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

2759

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JOURNAL OF THE SENATE

2036 2037 2039 2045 2046 2047 2048 2998 Tract: 108.03 Tract: 108.04 BG: 1 BG: 2
2000 2001 2002 BG: 4 BG: 5 Tract: 108.05 BG: 1
District 008 Chatham County
Tract: 1 Tract: 105.01 BG: 1
1010 1011 1012 1013 1014 1015 1016 1017 BG: 2
2000 2001 2002 2003 2004 2005 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 BG: 3 BG: 4 BG: 5 Tract: 105.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1012 1013 1014 1015 1016 1017 1033 1034 1035 1999 BG: 2 2012 Tract: 106.01 BG: 1 1013 BG: 3 3000 3007 3008 3009 3010 3011 3012 3013 3014 3015 BG: 4 4004 4005 4006 4007 4008 4009 4010 4011 4012 BG: 5 BG: 6 Tract: 106.03 BG: 1 1015 1016

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THURSDAY, APRIL 1, 2004
Tract: 106.04 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 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 Tract: 106.05 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 1076 1077 1078 1079 1080 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1985 1986 1987 1988 1989 1990 1991 BG: 2 Tract: 107 BG: 1 1161 1162 1178 1179 1180 1181 1989 1990 Tract: 12 Tract: 13 BG: 1 1015 1016 1017 1018 1019 1021 1022 1023 1024 BG: 2 Tract: 18 Tract: 19 Tract: 23 Tract: 24 BG: 1 1004 1005 1015 1016 BG: 2 2005 2006 2019 2020 2031 2032 2041 Tract: 3 BG: 1 1011 1012 1013 1014 1015 1016 1017 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1127 1128

2761

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JOURNAL OF THE SENATE

1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1162 1163 1164 BG: 2 2042 2043 2044 2045 2055 2056 2057 Tract: 32 Tract: 33.01 Tract: 33.02 Tract: 45 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Tract: 6.01

Senator Johnson of the 1st moved that the Senate agree to the House substitute to SB 465.

On the motion, 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 E Cheeks E Clay Y Collins Y Crotts
Dean Y Fort Y Gillis Y Golden Y Hall
Hamrick

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

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 465.

Senator Seay of the 34th asked unanimous consent that Senator Squires of the 5th be excused. The consent was granted, and Senator Squires was excused.

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The Calendar was resumed.
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.
Senate Sponsor: Senator Hill of the 4th.

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

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

Y Adelman Y Balfour
Blitch Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle E 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 E Hill Y Hooks Y Hudgens Y Jackson Y Johnson
Kemp,B Y Kemp,R Y Lamutt
Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price
Reed Y Seabaugh

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

On the adoption of the resolution, the yeas were 44, nays 0.

HR 1402, having received the requisite constitutional majority, was adopted.

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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.

Senate Sponsor: Senator Thomas of the 54th.

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

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

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

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

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
Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 42, nays 0.

HB 1141, having received the requisite constitutional majority, was passed.

Senator Thomas of the 2nd asked unanimous consent that Senator Thomas of the 10th be excused. The consent was granted, and Senator Thomas of the 10th was excused.

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2765

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.

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

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson
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 E 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 44, nays 0.

HB 1322, having received the requisite constitutional majority, was passed.

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

Mr. President:

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The House has passed, by substitute, by the requisite constitutional majority the following Bill 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 House has agreed to the Senate amendment, to the House amendment, to the following Resolution of the Senate:

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 Calendar was resumed.

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.

Senate Sponsor: Senator Hamrick of the 30th.

The Senate Judiciary Committee offered the following substitute to HB 1227:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to provide exemption from jury duty for a primary caregiver of a child who is

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2767

four years of age or younger; to provide an exemption from jury duty for a primary teacher of children in a home study program; to provide the state and the accused with same number of peremptory challenges in misdemeanor, felony, and death penalty cases, and in challenging alternate jurors; to provide the manner in which peremptory challenges are made; to change the size of the jury panel in felony and death penalty cases; to provide the manner in which the number of alternative jurors is determined; to amend Code Section 17-8-4 of the Official Code of Georgia Annotated, relating to the procedure for trial of jointly indicted defendants and other matters relating to jointly indicted defendants, so as to provide the state with an equal number of additional peremptory challenges in trials for jointly indicted defendants; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, is amended in Code Section 15-12-1, relating to exemptions from jury duty, by striking subsection (a) and inserting in lieu thereof the following:
"(a)(1) Any person who shows that he or she will be engaged during his or her term of jury duty in work necessary to the public health, safety, or good order or who shows other good cause why he or she should be exempt from jury duty may be excused by the judge of the court to which he or she has been summoned or by some other person who has been duly appointed by order of the chief judge to excuse jurors. Such a person may exercise such authority only after the establishment by court order of guidelines governing excuses. Any order of appointment shall provide that, except for permanently mentally or physically disabled persons, all excuses shall be deferred to a date and time certain within that term or the next succeeding term or shall be deferred as set forth in the court order. (2) Notwithstanding paragraph (1) of this subsection, any person who is a full-time student at a college, university, vocational school, or other postsecondary school who, during the period of time the student is enrolled and taking classes or exams, requests to be excused or deferred from jury duty shall be excused or deferred from jury duty. (3) Notwithstanding paragraph (1) of this subsection, any person who is the primary caregiver having active care and custody of a child under four years of age or younger, who executes an affidavit on a form provided by the court stating that such person is the primary caregiver having active care and custody of a child under four years of age or younger and stating that such person has no reasonably available alternative child care, and who requests to be excused or deferred shall be excused or deferred from jury duty. It shall be the duty of the court to provide affidavits for the purpose of this subsection. (4) Notwithstanding paragraph (1) of this subsection, any person who is a primary teacher in a home study program as defined in subsection (c) of Code Section 20-2-

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690 who, during the period of time the person is teaching, requests to be excused or deferred from jury duty shall be excused or deferred from jury duty."
SECTION 2. Said chapter is further amended by striking Code Section 15-12-125, relating to demand of jury panels in misdemeanor trials, and inserting in lieu thereof the following:
"15-12-125. For the trial of misdemeanors in all courts, each party may demand a full panel of 12 competent and impartial jurors from which to select a jury. When one or more of the regular panel of trial jurors is are absent or for any reason disqualified, the judge, at the request of counsel for either party, shall cause the panel to be filled by additional competent and impartial jurors to the number of 12 before requiring the parties or their counsel to strike a jury. From this panel, the accused shall have the right to challenge four peremptorily, defendant and the state two shall each have the right to challenge three jurors peremptorily. The defendant and the state shall exercise their challenges as provided in Code Section 15-12-166. The remaining six jurors shall constitute the jury."
SECTION 3. Said chapter is further amended by striking Code Section 15-12-160, relating to the required panel of jurors in felony trials and the summoning of tales jurors, and inserting in lieu thereof the following:
"15-12-160. When any person stands indicted for a felony, the court shall have impaneled 30 24 jurors from which the defense and prosecution may strike jurors; provided, however, in any case in which the state announces its intention to seek the death penalty, the court shall have impaneled 42 32 jurors from which the defense and state may strike jurors. If, for any reason, after striking from the panel there remain less than 12 qualified jurors to try the case, the presiding judge shall summon such numbers of persons who are competent jurors as may be necessary to provide a full panel. In making up the panel or successive panels, the presiding judge shall draw the tales jurors from the jury box of the county and shall order the sheriff to summon them."
SECTION 4. Said chapter is amended further by striking Code Section 15-12-165, relating to the number of peremptory challenges of jurors, and inserting in lieu thereof the following:
"15-12-165. Every person indicted for a crime or offense accused of a felony may peremptorily challenge 12 six of the jurors impaneled to try him or her. The state shall be allowed one-half the same number of peremptory challenges allowed to the accused defendant; provided, however, in any case in which the state announces its intention to seek the death penalty, the person indicted for the crime defendant may peremptorily challenge

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20 ten jurors and the state shall be allowed one-half the same number of peremptory challenges allowed to the accused."
SECTION 5. Said chapter is amended further by striking Code Section 15-12-166, relating to jurors not challenged are to be sworn, and inserting in lieu thereof the following:
"15-12-166. If a juror is found competent and is not challenged peremptorily by the state, he shall be put upon the accused, the defendant and the state shall exercise their peremptory challenges with the state exercising the first challenge. Unless the parties and the court agree to another procedure, peremptory challenges shall be exercised in a manner so that the challenges shall not be heard by the jurors. Unless he the juror is challenged peremptorily by the accused defendant or the state, the juror shall be sworn to try the case."
SECTION 6. Said chapter is amended further by striking Code Section 15-12-169, relating to the manner of selecting alternate jurors, and inserting in lieu thereof the following:
"15-12-169. Alternate jurors must be drawn from the same source and in the same manner and have the same qualifications as the jurors already sworn. They shall be subject to the same examination and challenges. The number of alternative jurors shall be determined by the court. The state and the defendant shall be entitled to as many peremptory challenges to alternate jurors as there are alternate jurors called. The defendant shall be entitled to additional peremptory challenges in an amount twice greater than the additional peremptory challenges of the state. The peremptory challenges allowed to the state and to the defendant in such event shall be in addition to the regular number of peremptory challenges allowed in criminal cases to the defendant and to the state as provided by law. When two or more defendants are tried jointly, each defendant shall be entitled to as many peremptory challenges to alternate jurors as there are alternate jurors called the number and manner of exercising peremptory challenges shall be determined as provided in Code Section 17-8-4."
SECTION 7. Code Section 17-8-4 of the Official Code of Georgia Annotated, relating to the procedure for trial of jointly indicted defendants and other matters relating to jointly indicted defendants, is amended by striking said Code section and inserting in lieu thereof the following:
"17-8-4. (a) When two or more defendants are jointly indicted for a capital offense, any defendant so electing shall be separately tried unless the state shall waive the death penalty. When indicted for a capital felony when the death penalty is waived, or for a

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felony less than capital, or for a misdemeanor, such defendants may be tried jointly or separately in the discretion of the trial court. In any event, a jointly indicted defendant may testify for another jointly indicted defendant or on behalf of the state. When separate trials are ordered in any case, the defendants shall be tried in the order requested by the state. If the offense requires joint action and concurrence of two or more persons, acquittal or conviction of one defendant shall not operate as acquittal or conviction of others not tried. (b) When two or more defendants are tried jointly for a crime or offense, such defendants shall be entitled to the same number of strikes as a single defendant if tried separately. The strikes shall be exercised jointly by the defendants or shall be apportioned among the defendants in the manner the court shall direct. In the event two or more defendants are tried jointly, the court, upon request of the defendants, acting in its sole discretion, may allow an equal number of additional strikes to the defendants, not to exceed five each, as the court shall deem necessary, to the ends that justice may prevail. The court shall allow the state the same number of additional strikes as are allowed to the defendants."
SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 9. This Act shall apply to all trials that commence on or after the effective date of this Act.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
Senators Henson of the 41st, Brown of the 26th, Stokes of the 43rd, Butler of the 55th and Thomas of the 10th offered the following amendment # 1 to the committee substitute to HB 1227 as follows:
As to section 2 page 2 line 30 add the following language: "The court shall include in the official trial record the gender, race and age of each juror removed by peremptory challenge and the party making the challenge."
As to section 4 page 2 line 30 add the following language: "The court shall include in the official trial record the gender, race and age of each juror removed by peremptory challenge and the party making the challenge."
On the adoption of the amendment, the yeas were 9, nays 29, and the Henson, et al. amendment # 1 was lost.

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Senators Harbison of the 15th, Thomas of the 10th, Butler of the 55th and Brown of the 26th offered the following amendment # 2 to the committee substitute to HB 1227 as follows:
By striking in said substitute on line 5 of page 3 the following "32" And inserting in lieu thereof the following "42"
By striking in said substitute on line 19 of page 3 the following "10" And inserting in lieu thereof the following "20"
By striking in said substitute on line 20 of page 3 the following "same" And inserting in lieu thereof the following "one-half"
On the adoption of the amendment, the yeas were 5, nays 30, and the Harbison, et al. amendment # 2 was lost.
Senator Bulloch of the 11th offered the following amendment # 3:
Amend the Committee substitute (LC 28 1789S) to HB 1227 by inserting after "amend" on line 1 of page 1 the following: "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; to amend".
By inserting between lines 14 and 15 of page 1 the following:
"SECTION 1. Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, is amended by striking paragraph (31) and substituting the following in lieu thereof:
'(31) Pataula Circuit: (A) Clay County -- Third Second Monday in March and November September. (B) Early County -- Third Tuesday in January and third Monday in July. (C) Miller County -- Fourth Second Monday in February and October August. (D) Quitman County -- Fourth Monday in March and September. (E) Randolph County -- First Second Monday in May and October November. (F) Seminole County -- Second Monday in April and October.

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(G) Terrell County -- First Monday in June and December.'"
By renumbering all subsequent sections.
On the adoption of the amendment, the yeas were 37, nays 1, and the Bulloch amendment # 3 was adopted.
Senator Fort of the 39th offered the following amendment # 4:
Amend the Committee substitute to HB 1227 by insert at line 36 of page 4:
"Provided, however, the provisions herein which create equal strikes shall not apply in cases where capital punishment may be imposed."
On the adoption of the amendment, the yeas were 11, nays 31, and the Fort amendment # 4 was lost.

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:

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

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 E Me V Bremen Y Moody Y Mullis

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

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Y Golden Y Hall Y Hamrick

Y Price Reed
Y Seabaugh

Y Williams Y Zamarripa

On the passage of the bill, the yeas were 43, nays 7.

HB 1227, having received the requisite constitutional majority, was passed by substitute.

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.

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

Y Harbison Y Harp
Henson E Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan E Me V Bremen Y Moody Y Mullis Y Price
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
Thomas,R Y Thompson Y Tolleson
Unterman Y Williams Y Zamarripa

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On the passage of the bill, the yeas were 46, nays 0.

HB 1282, having received the requisite constitutional majority, was passed.

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.

Senate Sponsor: Senator Williams of the 19th.

Senator Balfour of the 9th moved that HB 1295 be placed on the Table.

Senator Thompson of the 33rd objected.

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

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

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

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

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On the motion, the yeas were 24, nays 23; the motion prevailed, and HB 1295 was placed on the Table.

Senator Thompson of the 33rd moved that the Senate reconsider its action in Tabling HB 1295.

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

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

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

On the motion, the yeas were 24, nays 24, the motion lost; and HB 1295 remained on the Table.

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 Shafer of the 48th asked unanimous consent that Senator Hall of the 22nd be excused. The consent was granted, and Senator Hall was excused.
Senator Balfour of the 9th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

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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.
Senate Sponsor: Senator Thomas of the 54th.
The Senate Health and Human Services Committee offered the following substitute to HB 1303:
A BILL TO BE ENTITLED AN ACT
To amend Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of hospitals and nursing homes, so as to allow a physician practice to have a lien on a cause of action accruing to an injured person for the costs of care and treatment arising out of the cause of action; to define a term; to change certain provisions regarding notice; to provide for related matters relative to filing a lien; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of hospitals and nursing homes, is amended by striking Code Section 4414-470, relating to lien on causes of action accruing to injured person for costs of care and treatment of injuries arising out of such causes of action, and inserting in its place the following:
"44-14-470. (a) Except where the context otherwise requires in subsection (b) of this Code section, as used in this part, the term:
(1) 'Hospital' means any hospital or nursing home subject to regulation and licensure by the Department of Human Resources. (2) 'Hospital care, treatment, or services' means care, treatment, or services furnished by a hospital or nursing home. (3) 'Nursing home' means any intermediate care home, skilled nursing home, or intermingled home. (4) 'Physician practice' means any medical practice that includes one or more physicians licensed to practice medicine in this state. (4)(5) 'Traumatic burn care medical practice' means care, treatment, or services rendered by a medical practice with respect to a patient whose burn care, treatment, or services resulted in charges in excess of $50,000.00, arising out of a single accident or occurrence.

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(b) Any person, firm, hospital authority, or corporation operating a hospital, or nursing home, or physician practice or providing traumatic burn care medical practice in this state shall have a lien for the reasonable charges for hospital, nursing home, physician practice, or traumatic burn care medical practice care and treatment of an injured person, which lien shall be upon any and all causes of action accruing to the person to whom the care was furnished or to the legal representative of such person on account of injuries giving rise to the causes of action and which necessitated the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice care, subject, however, to any attorneys lien. The lien provided for in this subsection is only a lien against such causes of action and shall not be a lien against such injured person, such legal representative, or any other property or assets of such persons and shall not be evidence of such persons failure to pay a debt. This subsection shall not be construed to interfere with the exemption from this part provided by Code Section 4414-474."
SECTION 2. Said part is further amended in Code Section 44-14-471, relating to the perfection of hospital, nursing home, and traumatic burn care medical practice liens, is amended by striking subsection (a) and inserting in its place the following:
"(a) In order to perfect the lien provided for in Code Section 44-14-470, the operator of the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice:
(1) Within 30 days after the person has been discharged therefrom, shall Shall, not less than 30 days prior to the date of filing the statement required under paragraph (2) of this subsection, provide written notice to the patient and, to the best of the claimants knowledge, the persons, firms, corporations, and their insurers claimed by the injured person or the legal representative of the injured person to be liable for damages arising from the injuries and shall include in such notice a statement that the lien is not a lien against the patient or any other property or assets of the patient and is not evidence of the patients failure to pay a debt. Such notice shall be sent to all such persons and entities by first-class and certified mail or statutory overnight delivery, return receipt requested; and (2) Shall file, no sooner than 15 30 days after the date of the written notice provided for in this Code section, in the office of the clerk of the superior court of the county in which the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice is located and in the county wherein the patient resides, if a resident of this state, a verified statement setting forth the name and address of the patient as it appears on the records of the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice; the name and location of the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice and the name and address of the operator thereof; the dates of admission and discharge of the patient therefrom or with respect to a physician practice, the dates of treatment; and the amount claimed to be due for the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice care."

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SECTION 3. Said part is further amended by striking Code Section 44-14-472, relating to the duties of the clerk of the superior court with respect to liens of hospital, nursing home, and traumatic burn care medical practice liens, and inserting in its place the following:
"44-14-472. The clerk of the superior court shall endorse the date and hour of filing on the statement filed pursuant to Code Section 44-14-471; and, at the expense of the county, the clerk shall provide a lien book with a proper index in which the clerk shall enter the date and hour of the filing; the names and addresses of the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice, the operators thereof, and the patient; and the amount claimed. Notwithstanding the provisions in Code Section 44-2-2, a lien provided for in Code Section 44-14-470 shall be filed in a separate docket from and shall not be commingled with judgment liens, materialmens liens, mechanics liens, tax liens, lis pendens notices, or any other liens that attach to the person or property of an individual. The information shall be recorded in the name of the patient. The clerk shall receive a fee as required by subparagraph (f)(1)(A) of Code Section 15-6-77 as his or her fee for such filing."
SECTION 4. Said part is further amended by striking Code Section 44-14-473, relating to the effect of a covenant not to bring an action, actions to enforce liens, and affidavits of payment, and inserting in its place the following:
"44-14-473. (a) No release of the cause or causes of action or of any judgment thereon or any covenant not to bring an action thereon shall be valid or effectual against the lien created by Code Section 44-14-470 unless the holder thereof shall join therein or execute a release of the lien; and the claimant or assignee of the lien may enforce the lien by an action against the person, firm, or corporation liable for the damages or such person, firm, or corporations insurer. If the claimant prevails in the action, the court may allow reasonable attorneys fees. The action shall be commenced against the person liable for the damages or such persons insurer within one year after the date the liability is finally determined by a settlement, by a release, by a covenant not to bring an action, or by the judgment of a court of competent jurisdiction. (b) No release or covenant not to bring an action which is made before or after the patient was discharged from the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice shall be effective against the lien perfected in due time as provided in subsection (a) of this Code section, regardless of whether the release, covenant not to bring an action, or settlement was made prior to the time of the filing of the lien as specified in Code Sections 44-14-470 and 44-14-471; provided, however, that any person, firm, or corporation which consummates a settlement, release, or covenant not to bring an action with the person to whom hospital, nursing home, physician practice, or traumatic burn care medical practice care, treatment, or services were furnished and which first procures therefrom an affidavit as prescribed in

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subsection (c) of this Code section shall not be bound or otherwise affected by the lien except as provided in subsection (c) of this Code section, regardless of when the settlement, release, or covenant not to bring an action was consummated. (c) The affidavit shall affirm:
(1) That all hospital, nursing home, physician practice, or provider of traumatic burn care medical practice bills incurred for treatment for the injuries for which a settlement is made have been fully paid; and (2) The county of residence of such affiant, if a resident of this state; provided, however, that the person taking the affidavit shall not be protected thereby where the affidavit alleges the county of the affiants residence and the lien of the claimant is at such time on file in the office of the clerk of the superior court of the county and is recorded in the name of the patient as it appears in the affidavit."
SECTION 5. Said part is further amended by striking Code Section 44-14-475, relating to the effect of this part on settlement before entry into a hospital, nursing home, or traumatic burn care medical facility, and inserting in its place the following:
"44-14-475. No settlement or release entered into or executed prior to the entry of the injured party into the hospital, nursing home, physician practice, or facility which provides traumatic burn care medical practice shall be affected by or subject to the terms of this part."
SECTION 6. Said part is further amended by striking Code Section 44-14-476, relating to independent rights of action of a hospital, nursing home, or traumatic burn care medical facility, and inserting in its place the following:
"44-14-476. This part shall not be construed to give any hospital, nursing home, physician practice, or provider of traumatic burn care medical practice referred to in this part an independent right of action to determine liability for injuries sustained by a person or firm."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Senators Meyer von Bremen of the 12th and Harp of the 16th offered the following amendment # 1:
Amend the Senate Health and Human Services Committee substitute to HB 1303 (LC 33 0453S) by striking the quotation marks at the end of line 25 of page 4 and by inserting between lines 25 and 26 of page 4 the following:
"(d) In the event the patient or a representative of the patient requests in writing the monetary amount of the lien created by Code Section 44-14-470 and the hospital,

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nursing home, physician practice, or provider of traumatic burn care medical practice fails to supply said information within 20 days of receipt of the written request, the patient shall not be bound or otherwise affected by the lien as long as the following conditions have been satisfied:
(1) The request is conveyed to the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice by certified or registered mail or authorized overnight carrier; (2) If submitted by a representative of the patient, an authorization in compliance with any state or federal laws, properly executed by the patient, is attached to the request; and (3) The full name and date of birth of the patient is included in the request. Upon proof that the information requested was provided by the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice to the patient by certified or registered mail or authorized overnight carrier, the lien shall be effective.'"

Senator Brush of the 24th offered the following amendment # 1a:

Amend the Committee substitute to HB 1303 by amending amendment #1 line 8 page 1 strike 20, add 90

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

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

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

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On the adoption of the amendment, the yeas were 46, nays 4, and the Brush amendment # 1a was adopted.

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

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

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

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

On the adoption of the amendment, the yeas were 23, nays 26, and the Meyer von Bremen, Harp amendment # 1 was lost.

Pursuant to the failure to adopt amendment # 1, amendment # 1a was moot.

Senators Meyer von Bremen of the 12th and Harp of the 16th offered the following amendment # 2:

Amend the Senate Health and Human Services Committee substitute to HB 1303 (LC 33 0453S) by inserting after "notice;" on line 5 of page 1 the following:
"to provide for notice requirements relative to liens arising under the state Medicaid program;".

By inserting between lines 25 and 26 of page 4 the following:

"SECTION 4A. Said part is further amended by adding a new Code section to read as follows:

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'44-14-473.1. In the event the patient or a representative of the patient requests in writing the monetary amount of the lien created pursuant to Code Section 49-4-148 or 49-4-149 and enforced pursuant to this part and the Department of Community Health fails to supply said information within 20 days of receipt of the written request, the patient shall not be bound or otherwise affected by the lien so long as the following conditions have been satisfied:
(1) The request is conveyed to the Department of Community Health by certified or registered mail or authorized overnight carrier; (2) If submitted by a representative of the patient, an authorization in compliance with any state or federal laws, properly executed by the patient, is attached to the request; and (3) The full name and date of birth of the patient is included in the request. Upon proof that the information requested was provided by the Department of Community Health to the patient by certified or registered mail or authorized overnight carrier, the lien shall be effective.'"

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 E Clay N Collins N Crotts Y Dean Y Fort N Gillis N Golden E 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 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 E Squires Y Starr N Stephens Y Stokes Y Tanksley Y Tate N Thomas,D E Thomas,N Y Thomas,R E Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 22, nays 28, and the Meyer von Bremen, Harp amendment # 2 was lost.

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Senator Harp of the 16th offered the following amendment # 3 to the substitute to HB 1303:

By striking lines 21 through 23 of page 2 and inserting in lieu the following:

"(1) Within 30 days after the person has been discharged therefrom, shall provide written notice to the patient and, to the best of the claimant's"

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

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

On the adoption of the amendment, the yeas were 20, nays 30, and the Harp amendment # 3 was lost.

Senator Tanksley of the 32nd offered the following amendment # 4 to the substitute to HB 1303:

By striking lines 22 and 23 of page 1.

By striking `(5)' of line 24 of page 1 and inserting in lieu `(4)'.

By striking the phrase `physician practice' from lines 2,3,7,19,33, and 36 of page 2, lines 1,2,5,15, of page 3, lines 5,11,18, and 32 of page 5.

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By striking the phrase `or with respect to a physician practice, the dates of treatment' from lines 3 and 4 of page 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 Y Bowen Y Brown N Brush N Bulloch Y Butler N Cagle N Cheeks E Clay N Collins N Crotts N Dean Y Fort N Gillis N Golden E 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
Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh

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

On the adoption of the amendment, the yeas were 23, nays 27, and the Tanksley amendment # 4 was lost.

On the adoption of the substitute, the yeas were 42, nays 2, and the committee substitute was adopted.

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

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

N 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

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Y Bulloch Y Butler Y Cagle Y Cheeks E Clay Y Collins Y Crotts Y Dean N Fort Y Gillis Y Golden E 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 E Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 2.

HB 1303, having received the requisite constitutional majority, was passed by substitute.

The President introduced the Mayor of Albany, Georgia, Dr. Willis Adams. Mayor Adams addressed the Senate briefly.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

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

SB 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.

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

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Senate on the following Bill 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.
The Speaker has appointed on the part of the House, Representatives Purcell of the 122nd, Skipper of the 116th, and Oliver of the 56th, Post 2.
The Calendar was resumed.
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.
Senate Sponsor: Senator Hamrick of the 30th.
The Senate Judiciary Committee offered the following substitute to HB 1335:
A BILL TO BE ENTITLED AN ACT
To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to require certain notifications of victims of applications for sentence review; to permit victims to provide written arguments to the superior court sentence review panel; to provide that the superior court sentence review panel shall be required to provide an opinion or memorandum when a sentence is reduced; to change certain provisions relating to the crime victims bill of rights concerning certain notifications; 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.

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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 three-judge panel, and inserting in lieu thereof the following:
"(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, the victim, and the district attorney shall have the right to present written argument relative to the sentence imposed and the harshness or justification thereof and shall submit such argument within 30 days of the date the application is docketed with the panel. It shall be the duty of the prosecuting attorney to notify the victim that the defendant has filed an application for sentence review. The prosecuting attorney shall not be required to notify the victim unless the victim has expressed a desire for such notification and has provided the prosecuting attorney with a current address and telephone number. The prosecuting attorneys failure to notify the victim shall not invalidate the decision of the panel. The panel shall consider the victims written statement, including any statements of the victim contained in any trial or sentencing transcript, in its review of the defendants sentence. 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 stating the specific facts and reasoning 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 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."
SECTION 2. Said title is further amended by striking subsection (a) of Code Section 17-17-5, relating

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to notification to victims under the "Crime Victims Bill of Rights," and inserting in lieu thereof the following:
"(a) All victims, wherever practicable, shall be entitled to notification as defined by paragraph (7) of Code Section 17-17-3 of the accuseds arrest, of the accuseds release from custody, and of any judicial proceeding at which the release of the accused will be considered. All victims, wherever practicable, shall also be entitled to notification as defined by paragraph (7) of Code Section 17-17-3 of the defendants application for sentence review. The prosecuting attorney shall not be required to notify the victim of the defendants application for sentence review unless the victim has expressed a desire for such notification. No such notification shall be required unless the victim provides a landline telephone number other than a pocket pager or electronic communication device number to which such notice can be directed."
SECTION 3. This Act shall become effective on July 1, 2004, and shall apply to all applications for sentence review filed on and after July 1, 2004.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Senators Smith of the 52nd and Hamrick of the 30th offered the following amendment # 1:
Amend the Senate Judiciary Committee substitute to HB 1335 by inserting after "so as" on line 2 on page 1 "to provide that the defendant must notify the prosecution of extenuating or mitigating evidence to be introduced at the presentencing hearing in certain circumstances;".
By redesignating Sections 2 through 4 as Sections 3 through 5, respectively.
By inserting after "crimes, is" on line 12 on page 1 the following: "amended by striking subsection (c) of Code Section 17-10-2, relating to conduct of presentencing hearings in felony cases, and inserting in lieu thereof a new subsection (c) to read as follows:
'(c) In all cases tried by a jury in which the death penalty or life without parole may be imposed, upon a return of a verdict of 'guilty' by the jury, the court shall resume the trial and conduct a presentence hearing before the jury. The hearing shall be conducted in the same manner as presentence hearings conducted before the judge as provided for in subsection (a) of this Code section; provided, however, that only such evidence in extenuation or mitigation as the defendant has made known to the state at the conclusion of the guilt or innocence phase of the trial shall be admissible. Upon the conclusion of the evidence and arguments, the judge shall give the jury appropriate instructions, and the jury shall retire to determine whether any mitigating or

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aggravating circumstances, as defined in Code Section 17-10-30, exist and whether to recommend mercy for the defendant. Upon the findings of the jury, the judge shall fix a sentence within the limits prescribed by law.'

Said title is further".

SECTION 2.

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

Senators Lee of the 29th, Hamrick of the 30th and Butler of the 55th offered the following amendment # 2:

Amend the Senate Judiciary Committee substitute to HB 1335 by inserting before the word "require" on line 2 of page 1, the following:
"clarify bond conditions for family violence offenses; to".

By redesignating Sections 1 through 4 as Sections 4 through 7, respectively and inserting new Sections 1, 2, and 3 to read as follows:

"SECTION 1. 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, is amended by striking subparagraph (b)(2)(B) of said Code section and inserting in lieu thereof the following:
'(B) When an arrest is made by a law enforcement officer without a warrant upon for an act of family violence as defined in Code Section 19-13-1 pursuant to Code Section 17-4-20, the person charged with the offense shall not be eligible for bail prior to the arresting officer or some other law enforcement officer taking the arrested person before a judicial officer pursuant to Code Section 17-4-21. The judicial officer shall consider imposing specific conditions of bail as set forth in paragraph (1.2) of subsection (f) of this Code section.'

SECTION 2. Said Code section is further amended in subsection (f) by inserting new paragraphs (1.1) and (1.2) to read as follows:
'(1.1) The schedule of bails provided for in paragraph (1) of this subsection shall not apply to any offense involving an act of family violence as defined in Code Section 1913-1. (1.2) For offenses involving an act of family violence as defined in Code Section 1913-1, the judge shall within 48 hours determine the amount of bail and whether specific conditions shall be used including, but not limited to, having no contact of any kind or character with the victim or any member of the victims family or household, not

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physically abusing or threatening to physically abuse the victim, or the immediate enrollment in and participation in domestic violence counseling, substance abuse therapy, or other therapeutic requirements.'
SECTION 3. Said Code section is further amended by striking paragraphs (2) and (3) of subsection (f) and inserting in lieu thereof the following: 'Reserved.'"
On the adoption of the amendment, the yeas were 30, nays 0, and the Lee, et al. amendment # 2 was adopted.
Senators Unterman of the 45th and Tanksley of the 32nd offered the following amendment # 3:
Amend the Senate Judiciary Committee substitute to HB 1335 (LC 29 1438S) by inserting after "reduced;" on line 5 on page 1 "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 certain exceptions;".
By inserting after line 22 on page 2 the following:
"SECTION 2. Said title is further 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. 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.'"
By striking lines 2 and 3 on page 3 and inserting in lieu thereof the following:

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"This Act shall become effective on July 1, 2004, and Sections 1 and 3 shall apply to all applications for sentence review filed on and after July 1, 2004."
By redesignating Sections 2 through 4 as Sections 3 through 5, respectively.
On the adoption of the amendment, the yeas were 31, nays 1, and the Unterman, Tanksley amendment # 3 was adopted.

On the adoption of the substitute, the yeas were 29, nays 1, and the committee substitute was adopted as amended.

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

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

Y Adelman 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 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
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 E Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

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

HB 1335, having received the requisite constitutional majority, was passed by substitute.

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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.
Senate Sponsor: Senator Johnson of the 1st.
The Senate Finance Committee offered the following substitute to HB 346:
A BILL TO BE ENTITLED AN ACT
To amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the sales tax for educational purposes, so as to change certain requirements regarding the imposition of such tax; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the sales tax for educational purposes, is amended by striking Code Section 48-8-141, relating to the manner of imposing the sales tax for education, and inserting in its place a new Code Section 48-8-141 to read as follows:
"48-8-141. (a) Except as otherwise expressly provided in Article VIII, Section VI, Paragraph IV of the Constitution of Georgia, the sales tax for educational purposes which may be levied by a board of education of a county school district or concurrently, as provided in subsection (b) of this Code section, by the board of education of a county school district and the board of education of each independent school district located within such county, shall be imposed and levied by such board or boards of education and collected by the commissioner on behalf of such board or boards of education in the same manner as provided for under Part 1 of this article and the provisions of Part 1 of this article in particular, but without limitation, the provisions regarding the authority of the commissioner to administer and collect this tax, retain the 1 percent administrative fee, and promulgate rules and regulations governing this tax shall apply equally to such board or boards of education. (b) Pursuant to Article VIII, Section VI, Paragraph IV(i) of the Constitution, such

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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 in order for the board of education of that county to levy the tax under the requirements of this part."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Balfour of the 9th offered the following amendment # 1:
Amend the Senate Finance Committee substitute to HB 346 (LC 18 3587S) by striking "county." on line 1 of page 2 and inserting in its place "county or when that portion of the student enrollment of such independent school within such county represents more than 2 percent of the total number of students in the county school district according to the latest full-time equivalent count."
By striking "independent school is in a county," on line 2 of page 2 and inserting in its place the following:
"independent school district is in a county or if the student enrollment of such independent school district represents 2 percent or less of the total number of students in the county school district according to the latest full-time equivalent count,"
Senator Balfour of the 9th asked unanimous consent that his amendment # 1 be withdrawn. The consent was granted, and the amendment was withdrawn.

Senator Balfour of the 9th offered the following amendment # 2:
Amend the Senate Finance Committee substitute to HB 346 (LC 18 3587S) by striking "county." on line 1 of page 2 and inserting in its place "county or when that portion of the student enrollment of such independent school within such county represents more than 2 percent of the total number of students in the county school district according to the latest full-time equivalent count."
By striking "independent school is in a county," on line 2 of page 2 and inserting in its place the following:
"independent school district is in a county or if the student enrollment of such independent school district represents 2 percent or less of the total number of students in the county school district according to the latest full-time equivalent count,"

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Senator Henson of the 41st offered the following amendment # 2a:

Amend Amendment #2 to HB 346 by on line 4 change "more than 2 percent" to "more than 4 percent".

On line 10 change "2" to "4"

On the adoption of the amendment, the yeas were 25, nays 6, and the Henson amendment # 2a was adopted.

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

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

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

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

On the adoption of the amendment, the yeas were 26, nays 18, and the Balfour amendment # 2 to the committee substitute was adopted as amended.

On the adoption of the substitute, the yeas were 31, nays 6, and the committee substitute was adopted as amended.

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

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

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

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

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

On the passage of the bill, the yeas were 30, nays 19.

HB 346, having received the requisite constitutional majority, was passed by substitute.

Senator Thompson of the 33rd moved that the following bill, having been placed on the Table earlier today, be taken from the Table:

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.

Senate Sponsor: Senator Williams of the 19th.

Senator Johnson of the 1st objected.

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

Y Harbison N Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R Y Lamutt N Lee Y Levetan Y Me V Bremen N Moody N Mullis
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 E Thomas,N Y Thomas,R Y Thompson
Tolleson N Unterman N Williams Y Zamarripa

On the motion, the yeas were 27, nays 24; the motion prevailed, and HB 1295 was taken from the Table and placed at the foot of today's Senate Rules Calendar.

The Calendar was resumed.

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.

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

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

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

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson
Johnson 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
Thompson Tolleson Y Unterman Y Williams Zamarripa

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

HB 1450, having received the requisite constitutional majority, was passed.

2797

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has agreed to the Senate amendment #1, as amended by the House, and has agreed to the Senate amendment #2, to 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

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provisions relating to reunification; to amend certain provisions relating to grounds for termination of parental rights; 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 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 Speaker has appointed on the part of the House, Representatives Birdsong of the 104th, Roberts of the 135th, and Warren of the 99th.

Mr. President:

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

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.

Mr. President:

The House insists on its position in substituting the following Bill of the Senate:

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

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penalties; to provide for exceptions; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

Mr. President:

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

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.

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 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 Speaker has appointed on the part of the House, Representatives Holmes of the 48th, Post 1, Reece of the 11th, and Ashe of the 42nd, Post 2.

The following resolution was read and adopted:

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SR 1101. By Senators Johnson of the 1st, Meyer von Bremen of the 12th and Stephens of the 51st:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at the close of the legislative day on Thursday, April 1, 2004, and shall reconvene on Wednesday, April 7, 2004, the 40th legislative day.
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.
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.
Senate Sponsor: Senator Cagle of the 49th.
The Senate Natural Resources and the Environment Committee offered the following substitute to HB 1615:
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 by an appropriate superior court upon a showing of good cause; to regulate interbasin and intrabasin transfers of surface water and ground water; to change

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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, water conservation plans, factors to be considered, notice of official acts, administrative hearings, and judicial review; to change certain provisions relating to water supply and water conservation management plans for the Metropolitan North Georgia Water Planning District; 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 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. Pursuant to Code Section 9-11-65, 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. 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 (n) of Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters and monitoring, recording, and reporting of water withdrawal, and inserting in lieu thereof the following:
"(n)(1) As used in this subsection, the term: (A) 'Basin' means the Altamaha, Chattahoochee, Coosa, Flint, Ochlocknee,

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Ocmulgee, Oconee, Ogeechee, St. Marys, Satilla, Savannah, Suwannee, Tallapoosa, or Tennessee River basin. (B) 'Basin of origin' means the basin from which the withdrawal, diversion, or pumping of surface waters occurs. (C) 'Critical needs' means temporary, short-term needs for water such as those due to equipment failure, source contamination, or severe drought affecting public health and safety. (D) 'Interbasin transfer' means the withdrawal, diversion, or pumping of surface waters from a point within any basin of origin and the discharge of all or any part of that water into a different receiving basin by means of pipes, pipelines, conduits, ditches, or canals; provided, however, interbasin transfer shall not include the following:
(i) Surface water transferred from one place to another in connection with mining, conveying, processing, beneficiation, sale, or shipment of any mineral, as such term is defined in paragraph (5) of Code Section 12-4-72, through whatever mode of transportation including but not limited to pipes, pipelines, conduits, ditches, or canals; and (ii) Surface water contained in any intermediate or product shipped or transported for further processing or for sale. (E) 'Intrabasin transfer' means the withdrawal, diversion, or pumping of surface waters from a point within a basin and discharge of all or any part of that water at a different location in that basin by means of pipes, pipelines, ditches, conduits, or canals; provided, however, intrabasin transfer shall not include the following: (i) Surface water transferred from one place to another in connection with mining, conveying, processing, beneficiation, sale, or shipment of any mineral, as such term is defined in paragraph (5) of Code Section 12-4-72, through whatever mode of transportation including but not limited to pipes, pipelines, conduits, ditches, or canals; and (ii) Surface water contained in any intermediate or product shipped or transported for further processing or for sale. (F) 'Receiving basin' means the basin into which the discharge of all or any part of transferred water occurs. (2) It is the policy of this state to protect reasonable needs of both the basin of origin and the receiving basin through the regulation of interbasin transfers. It is also the policy of this state to protect the basin of origin through regulation of intrabasin transfers. Accordingly, in In the consideration of applications for new surface-water withdrawal permits which if granted first applied for on or after the effective date of this subsection, which would authorize the withdrawal and transfer of surface waters across natural basins an interbasin or an intrabasin transfer, the director shall be bound by the following requirements: (1)(A)(i) The director shall give due consideration to competing existing uses and applications for permits which would not involve interbasin transfers of surface waters and, subject to subsection (e) of this Code section, shall endeavor to

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allocate a reasonable supply of surface waters to such users and applicants;. (ii) The regulation of interbasin transfers shall be informed by scientific knowledge, must respect natural systems, and must protect the basins of origin and the receiving basins. In addition to those factors listed in subsection (e) of this Code section, the director shall consider the following factors in considering an application for an interbasin transfer permit:
(I) The quantity of the proposed withdrawal and the stream flow of the basin of origin, with special concern for low-flow conditions; (II) Protection of the present uses and consideration of projected stream uses of the basin of origin, with special concern for low-flow conditions and the ecology of the stream; (III) Protection of the water quality in the basin of origin, with special concern for low-flow conditions; (IV) The economic feasibility, cost effectiveness, and environmental impacts of the proposed permit in relation to alternative sources of water supply, including the cumulative impacts of current and proposed interbasin transfers in the basin; (V) The overall current water demand and the reasonably foreseeable future water needs of the basin of origin; (VI) The supply of water presently available to the receiving basin, as well as the overall current water demand and the reasonably foreseeable future water needs of the receiving basin, including methods of water use, conservation, and efficiency of use; (VII) The beneficial impact of any proposed transfer and the demonstrated capability of the applicant to implement effectively its responsibilities under the requested permit; (VIII) The nature of the applicants use of the water to determine whether the use is reasonable; (IX) Whether the applicant has implemented all reasonable efforts to promote conservation of water; (X) Whether the proposed project requiring the interbasin transfer shall promote conservation of water; (XI) The requirements of other state and federal agencies with authority relating to water resources; (XII) The availability of water to respond to emergencies, including drought in the basin of origin and in the receiving basin; (XIII) Whether the project shall have any beneficial or detrimental impact on navigation, hydropower or other power generation, fish and wildlife habitats, aesthetics, or recreation; (XIV) The quantity, quality, location, and timing of water returned to the basin of origin, receiving basin, or a downstream basin; (XV) Climatic conditions; (XVI) Any offsetting increases in flow in the basin of origin that may be arranged through permit conditions;

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(XVII) The number of downstream river miles from which water will be diverted as a result of the transfer; (XVIII) Consultations with local governments affected by the proposed transfer and use; (XIX) The correlation between surface water and ground water in the basin of origin and whether the proposed use will be harmful to the supply of either or both; (XX) Impact on interstate water use; (XXI) The cumulative effect on the basin of origin and the receiving basin of any water transfer or consumptive water use that is authorized or projected; and (XXII) Such other factors as are reasonably necessary to carry out the purposes of Georgia law. (iii) Any person proposing to receive an interbasin transfer must be implementing a water conservation plan approved by the director prior to the receipt of any requested interbasin transfer. (iv) The director shall ensure that any interbasin transfer approved shall comply with the requirements of the Board of Natural Resources for instream flow protection in the basin of origin; (B) Any interbasin transfer that transfers water through more than three adjacent counties or intrabasin transfer that transfers water through more than four adjacent counties, including without limitation the county of withdrawal and the receiving county, is prohibited, except for interbasin or intrabasin transfers that are part of a plan approved by the division pursuant to Article 10 of this chapter, the 'Metropolitan North Georgia Water Planning District Act,' to satisfy critical needs, or to provide water within the lower Savannah and lower Ogeechee river basins within the 24 coastal counties identified in the divisions April 23, 1997, 'Interim Strategy for Managing Salt Water Intrusion in the Upper Floridan Aquifer of Southeast Georgia'; (2)(C) Permits authorizing interbasin or intrabasin transfers which were first applied for prior to the effective date of this subsection shall not be subject to the requirements of this subsection. Furthermore, any future application for the modification, renewal, or extension of such permits, provided such application is for the withdrawal of the same or a lesser quantity of water, shall be considered by the director using the same criteria as are applied to requests for modification, renewal, or extension of permits not involving interbasin or intrabasin transfers; and (D) The director shall provide a press release regarding the proposed issuance of all any permits authorizing such interbasin transfer of surface waters to newspapers of general circulation in all areas of the state which would be affected by such issuance. The press release shall be provided at least seven 30 days before the issuance of these any such permits. If the director should determine determines that sufficient public interest warrants a public hearing on the issuance of these any such permits, he or she shall cause such a hearing to be held somewhere in the area affected prior to the issuance of these any such permits."

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SECTION 3. Said title is further amended in Code Section 12-5-96, relating to permits to withdraw, obtain, or use ground water; water conservation plans; factors to be considered; notice of official acts; administrative hearings; and judicial review, by inserting a new subsection to read as follows:
"(g.1)(1) As used in this subsection, the term: (A) 'Basin' means the Altamaha, Chattahoochee, Coosa, Flint, Ochlocknee, Ocmulgee, Oconee, Ogeechee, St. Marys, Satilla, Savannah, Suwannee, Tallapoosa, or Tennessee River basin. (B) 'Basin of origin' means the basin from which the withdrawal, diversion, or pumping of ground water occurs. (C) 'Critical needs' means temporary, short-term needs for water such as those due to equipment failure, source contamination, or severe drought affecting public health and safety. (D) 'Interbasin transfer' means the withdrawal, diversion, or pumping of ground water from a point within or beneath any basin of origin and the discharge of all or any part of that water into a different receiving basin by means of pipes, pipelines, conduits, ditches, or canals; provided, however, interbasin transfer shall not include the following: (i) Ground water transferred from one place to another in connection with mining, conveying, processing, beneficiation, sale, or shipment of any mineral, as such term is defined in paragraph (5) of Code Section 12-4-72, through whatever mode of transportation including but not limited to pipes, pipelines, conduits, ditches, or canals; and (ii) Ground water contained in any intermediate or product shipped or transported for further processing or for sale. (E) 'Intrabasin transfer' means the withdrawal, diversion, or pumping of ground water from a point within a basin and discharge of all or any part of that water at a different location in that basin by means of pipes, pipelines, ditches, conduits, or canals; provided, however, intrabasin transfer shall not include the following: (i) Ground water transferred from one place to another in connection with mining, conveying, processing, beneficiation, sale, or shipment of any mineral, as such term is defined in paragraph (5) of Code Section 12-4-72, through whatever mode of transportation including but not limited to pipes, pipelines, conduits, ditches, or canals; and (ii) Ground water contained in any intermediate or product shipped or transported for further processing or for sale. (F) 'Receiving basin' means the basin into which the discharge of all or any part of transferred water occurs.
(2) It is the policy of this state to protect reasonable needs of both the basin of origin and the receiving basin through the regulation of interbasin transfers. It is also the policy of the state to protect the basin of origin through regulation of intrabasin transfers. Accordingly, in the consideration of applications for new ground-water

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withdrawal permits first applied for on or after the effective date of this subsection, which would authorize an interbasin or intrabasin transfer, the director shall be bound by the following requirements:
(A)(i) The director shall give due consideration to competing existing uses and applications for permits which would not involve interbasin transfers of ground water and, subject to subsection (d) of this Code section, shall endeavor to allocate a reasonable supply of ground water to such users and applicants. (ii) The regulation of interbasin transfers shall be informed by scientific knowledge, must respect natural systems, and must protect the basins of origin and the receiving basins. In addition to those factors listed in subsection (d) of this Code section, the director shall consider the following factors in considering an application for an interbasin transfer permit:
(I) The quantity of the proposed withdrawal with special concern for low-flow conditions; (II) Protection of the present uses and consideration of projected ground-water uses of the basin of origin, with special concern for low-flow conditions; (III) Protection of the water quality in the basin of origin, with special concern for low-flow conditions; (IV) The economic feasibility, cost effectiveness, and environmental impacts of the proposed permit in relation to alternative sources of water supply, including the cumulative impacts of current and proposed interbasin transfers in the basin; (V) The overall current water demand and the reasonably foreseeable future water needs of the basin of origin; (VI) The supply of water presently available to the receiving basin, as well as the overall current water demand and the reasonably foreseeable future water needs of the receiving basin, including methods of water use, conservation, and efficiency of use; (VII) The beneficial impact of any proposed transfer and the demonstrated capability of the applicant to implement effectively its responsibilities under the requested permit; (VIII) The nature of the applicants use of the water to determine whether the use is reasonable; (IX) Whether the applicant has implemented all reasonable efforts to promote conservation of water; (X) Whether the proposed project requiring the interbasin transfer shall promote conservation of water; (XI) The requirements of other state and federal agencies with authority relating to water resources; (XII) The availability of water to respond to emergencies, including drought in the basin of origin and in the receiving basin; (XIII) Reserved; (XIV) The quantity, quality, location, and timing of water returned to the basin of origin or receiving basin;

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(XV) Climatic conditions; (XVI) Any offsetting increases in flow in the basin of origin that may be arranged through permit conditions; (XVII) Reserved; (XVIII) Consultations with local governments affected by the proposed transfer and use; (XIX) The correlation between surface water and ground water in the basin of origin and whether the proposed use will be harmful to the supply of either or both; (XX) Impact on interstate water use; (XXI) The cumulative effect on the basin of origin and the receiving basin of any water transfer or consumptive water use that is authorized or projected; and (XXII) Such other factors as are reasonably necessary to carry out the purposes of Georgia law. (iii) Any person proposing to receive an interbasin transfer must be implementing a water conservation plan approved by the director prior to the receipt of any requested interbasin transfer. (iv) The director shall ensure that any interbasin transfer approved shall comply with the requirements of the Board of Natural Resources for ground-water protection in the basin of origin; (B) Any interbasin transfer that transfers water through more than three adjacent counties or intrabasin transfer that transfers water through more than four adjacent counties, including without limitation the county of withdrawal and the receiving county, is prohibited, except to satisfy critical needs or to provide water within the lower Savannah and lower Ogeechee river basins within the 24 coastal counties identified in the divisions April 23, 1997, 'Interim Strategy for Managing Salt Water Intrusion in the Upper Floridan Aquifer of Southeast Georgia'; (C) Permits authorizing interbasin or intrabasin transfers which were first applied for prior to the effective date of this subsection shall not be subject to the requirements of this subsection. Furthermore, any future application for the modification, renewal, or extension of such permits, provided such application is for the withdrawal of the same or a lesser quantity of water, shall be considered by the director using the same criteria as are applied to requests for modification, renewal, or extension of permits not involving interbasin or intrabasin transfers; and (D) The director shall provide a press release regarding the proposed issuance of any permits authorizing such interbasin transfer of ground water to newspapers of general circulation in all areas of the state which would be affected by such issuance. The press release shall be provided at least 30 days before the issuance of any such permits. If the director determines that sufficient public interest warrants a public hearing on the issuance of any such permits, he or she shall cause such a hearing to be held somewhere in the area affected prior to the issuance of any such permits."
SECTION 4.

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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. Pursuant to Code Section 9-11-65, 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. 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 5. 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. Pursuant to Code Section 9-11-65, 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. 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 6. Said title is further amended by striking subsection (f) of Code Section 12-5-584, relating to water supply and water conservation management plans for the Metropolitan North

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Georgia Water Planning District, and inserting in lieu thereof the following: "(f) The district shall neither study nor include in any plan any interbasin or intrabasin transfer of water from outside the district area."
SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
Senators Smith of the 52nd, Price of the 56th, Clay of the 37th and Stephens of the 51st offered the following amendment # 1:
Amend the Senate Committee on Natural Resources and the Environment substitute to HB 1615 (LC 25 3703S) by striking line 22 of page 5 and inserting in lieu thereof the following:
"Water Intrusion in the Upper Floridan Aquifer of Southeast Georgia'; (B.1) The provisions of subparagraph (B) of this paragraph notwithstanding, any new interbasin transfer of water withdrawn from Lake Allatoona or the Etowah River is prohibited;".
Senator Cagle of the 49th offered the following amendment # 1a to amendment # 1 to the Senate committee substitute to HB 1615:
By inserting on page 1, line 6 after the word "River" the following: "downriver from Lake Allatoona"
Senators Harp of the 16th, Kemp of the 3rd and Hooks of the 14th offered the following amendment # 2:
Amend the Senate Committee on Natural Resources and the Environment substitute to HB 1615 (LC 25 3703S) by striking line 23 of page 5 and inserting in lieu thereof the following:
"(B.2) The exceptions provided for transfers pursuant to Article 10 of this chapter in subparagraph (B) of this paragraph shall not be considered in the development of or included in any state-wide water management plan adopted pursuant to this chapter on or after the effective date of this subsection, and such exceptions shall be inapplicable on and after the adoption of any such plan; and (2)(C) Permits authorizing interbasin or intrabasin transfers which were first applied".

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Senator Crotts of the 17th offered the following amendment # 3:
Amend the Committee substitute to HB 1615 by adding on page 5, line 17, after the word prohibit,
and any county or counties bordering another state shall be prohibited from interbasin or intrabasin transfer of water to any county or counties in another state.
Senators Meyer von Bremen of the 12th and Hooks of the 14th offered the following amendment # 4:
Amend the Senate Natural Resources and the Environment Committee substitute to HB 1615 by inserting after "District;" on line 13 of page 1 the following:
"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 for farm uses, notice of transfer or modification in use or capacity, nonuse, suspension or modification, priority uses, reporting and measuring water withdrawals, and effect on existing common or statutory law; to change certain provisions relating to orders of the director of the Environmental Protection Division of the Department of Natural Resources relative to the Flint River Drought Protection Act;".
By inserting between Sections 1 and 2 the following:
"SECTION 1A. Said title is further amended by striking paragraph (3) of subsection (a) of Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters and monitoring, recording, and reporting of water withdrawal, and inserting in lieu thereof the following:
'(3) Notwithstanding any other provision of this Code section to the contrary, a permit for the withdrawal or diversion of surface waters for farm uses shall be issued by the director to any person when the applicant submits an application which provides reasonable proof that the applicants farm use of surface waters occurred prior to July 1, 1988, and when any such application is submitted prior to July 1, 1991. If submitted prior to July 1, 1991, an application for a permit to be issued based upon farm uses of surface waters occurring prior to July 1, 1988, shall be granted for the withdrawal or diversion of surface waters at a rate of withdrawal or diversion equal to the greater of the operating capacity in place for withdrawal or diversion on July 1, 1988, or, when measured in gallons per day on a monthly average for a calendar year, the greatest withdrawal or diversion capacity during the five-year period immediately preceding July 1, 1988. If submitted after July 1, 1991, or, regardless of when submitted, if it is based upon a withdrawal or diversion of surface

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waters for farm uses occurring or proposed to occur on or after July 1, 1988, an application shall be subject to evaluation and classification pursuant to subsections (e), (f), and (g) of this Code section, but a permit based upon such evaluation and classification shall may be issued to ensure the applicants right to a reasonable use of such surface waters. Any permit issued pursuant to this paragraph shall be conditioned upon the requirement that the permittee shall provide, on forms prescribed by the director, information relating to a general description of the lands and number of acres subject to irrigation and the permit; a description of the general type of irrigation system used; the source of withdrawal water such as river, stream, or impoundment; and pump information, including rated capacity, pump location, and power information. Permits issued under this paragraph shall have no term and may be transferred or assigned to subsequent owners of the lands which are the subject of such permit; provided, however, that the division shall receive written notice of any such transfer or assignment. Any modification in the use or capacity conditions contained in the permit or in the lands which are the subject of such permit shall require the permittee to submit an application for review and approval by the director consistent with this Code section. Nothing in this paragraph shall be construed as a repeal or modification of Code Section 12-5-46.'".
By inserting between Sections 2 and 3 the following:
"SECTION 2A. Said title is further amended by striking subsection (a) of Code Section 12-5-105, relating to permits for farm uses, notice of transfer or modification in use or capacity, nonuse, suspension or modification, priority uses, reporting and measuring water withdrawals, and effect on existing common or statutory law, and inserting in lieu thereof the following:
'(a) Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to the contrary, a permit to withdraw, obtain, or utilize ground waters for farm uses, as that term is defined by paragraph (5.1) of Code Section 12-5-92, shall be issued by the director to any person when the applicant submits an application which provides reasonable proof that the applicants farm use of ground water occurred prior to July 1, 1988, and when such application is submitted prior to July 1, 1991. If submitted prior to July 1, 1991, an application for a permit to be issued based upon farm uses of ground water occurring prior to July 1, 1988, shall be granted for the withdrawal of ground water at a rate of withdrawal equal to the greater of the operating capacity in place for withdrawal on July 1, 1988, or, when measured in gallons per day on a monthly average for a calendar year, the greatest withdrawal capacity during the five-year period immediately preceding July 1, 1988. If submitted after July 1, 1991, or, regardless of when submitted, if it is based upon a withdrawal of ground water for farm uses occurring or proposed to occur on or after July 1, 1988, an application shall be subject to evaluation and classification pursuant to Code Sections 12-5-96 and 12-5-97, but a permit based upon such evaluation and classification shall may be issued to ensure the

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applicants right to a reasonable use of such ground water. Any permit issued pursuant to this Code section shall be further conditioned upon the requirement that the permittee shall provide, on forms prescribed by the director, information relating to a general description of the lands and number of acres subject to irrigation and the permit; the name and address of the permittee; a description of the general type of irrigation system used; well construction; and pump information, including rated capacity, pump setting depth, and power information.'".
By inserting between Sections 5 and 6 the following:
"SECTION 5A. Said title is further amended in Code Section 12-5-547, relating to orders of the director of the Environmental Protection Division of the Department of Natural Resources relative to the Flint River Drought Protection Act, by designating the existing provisions as subsection (a) thereof and adding a new subsection to read as follows:
'(b) Nothing in this article, Part 2 of Article 3 of this chapter, or any other provision of this chapter shall authorize the imposition of a moratorium on the issuance of groundwater withdrawal permits for farm uses in the affected area. Any such moratorium previously imposed and in effect on the effective date of this subsection is hereby terminated.'".
Senator Cagle of the 49th offered the following amendment # 5:
Amend the Senate Natural Resources & Environment Committee substitute to HB 1615 (LC 25 3703S) by striking lines 21 and 22 of page 3 and inserting in lieu thereof the following:
"pursuant to which would authorize the withdrawal and transfer of surface waters across natural basins an interbasin or an intrabasin transfer would be authorized, the director shall be bound by the following".
By striking lines 31 and 32 of page 3 and inserting in lieu thereof the following: "director shall consider the following factors in considering an application for a permit pursuant to which an interbasin transfer would be authorized:".
By striking line 23 of page 5 and inserting in lieu thereof the following: "(2)(C) Interbasin and intrabasin transfers authorized pursuant to surface-water withdrawal permits which were first applied".
By striking lines 7 and 8 of page 7 and inserting in lieu thereof the following: "permits first applied for on or after the effective date of this subsection pursuant to which an interbasin or intrabasin transfer would be authorized, the director shall be bound by the following".

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By striking lines 17 and 18 of page 7 and inserting in lieu thereof the following: "director shall consider the following factors in considering an application for a permit pursuant to which an interbasin transfer would be authorized:".
By striking line 3 of page 9 and inserting in lieu thereof the following: "(C) Interbasin and intrabasin transfers authorized pursuant to ground-water withdrawal permits which were first applied for".
By striking lines 24 and 25 of page 10 and inserting in lieu thereof the following: "'(f)(1) The district shall neither study nor include in any plan any interbasin transfer of water from outside the district area. (2) The district shall not include in any plan updated under subsection (b) of this Code section any intrabasin transfer of water from outside the district area if such transfer was not included in the plan prepared under subsection (a) of this Code section and approved under subsection (e) of this Code section.'".
Senators Brush of the 24th, Hall of the 22nd and Cheeks of the 23rd offered the following amendment # 5a:
Amend Amendment #5 to the Committee substitute to HB 1615 by amending on page 1 line 9 after the word authorized: add the following:
however, notwithstanding any language to the contrary herein, no water shall at any time be withdrawn from the Savannah River for the purpose of effecting or in connection with an interbasin transfer
Senators Hall of the 22nd, Brush of the 24th and Cheeks of the 23rd offered the following amendment # 6:
Amend the Committee substitute to HB 1615 by adding the following language to line 22 on page 5:
however, notwithstanding any language to the contrary herein, no water shall at any time be withdrawn from the Savannah River for the purpose of effecting or in connection with an interbasin transfer.
Senators Hall of the 22nd, Brush of the 24th and Cheeks of the 23rd offered the following amendment # 6a:
Amend Amendment #6 to the Committee substitute to HB 1615 by adding the following language to line 2: "and line 2 on page 9"

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Senator Cagle of the 49th asked unanimous consent that HB 1615 be placed on the Table. The consent was granted, and HB 1615 was placed on the Table.
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.
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.
Senate Sponsor: Senator Bulloch of the 11th.
The Senate Agriculture and Consumer Affairs Committee offered the following substitute to HB 1766:
A BILL TO BE ENTITLED AN ACT
To amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Agricultural Commodities Commission for Beef and provide for its members, powers, duties, and procedures; to define certain terms; to provide for marketing orders and assessments related thereto; to provide penalties for violations; to provide for enforcement; to strike the reserved designation of Chapter 15; to provide for aquaculture development; to provide a short title; to define certain terms; to create the Aquaculture Development Advisory Council and provide for its membership, powers, and duties; to regulate aquaculture of pacific white shrimp; to provide for registration; to provide for rules and regulations; to provide for enforcement; to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to definitions relative to said title; to change certain provisions relating to permits for liberation of wildlife or liberation of domestic fish; to change certain provisions relating to sale of fish by commercial fish hatcheries, sale of game fish, bill of sale or lading for possession of certain game fish and domestic fish, and sale of diseased fish; to change certain provisions relating to licensing of wholesale and retail

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fish dealers and sale, transportation into state, or possession of live fish and fish eggs; to provide effective dates; to provide for a contingent repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended in Chapter 8, relating to agricultural commodities promotion, by adding a new article to read as follows:
"ARTICLE 4 2-8-90. This article shall apply only to the Agricultural Commodity Commission for Beef.
2-8-91. As used in this article, the term:
(1) 'Advertising and sales promotion' means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification, or removal of trade barriers which restrict the normal flow of beef to market and may include the presentation of facts to and negotiations with state, federal, or foreign governmental agencies on matters which affect the marketing of beef included in any marketing order made effective pursuant to this article. (2) 'Beef' means flesh of cattle and beef products. (3) 'Beef products' means edible products produced in whole or in part from beef, excluding milk and products made therefrom. (4) 'Cattle' means live domesticated bovine animals, regardless of age. (5) 'Commission' means the Agricultural Commodity Commission for Beef created under this article. (6) 'Market agent' means any person who sells, offers for sale, markets, distributes, trades, or processes cattle that have been purchased or acquired from a producer or that are marketed on behalf of a producer or any meat packing firm or its agent that purchases or consigns to purchase cattle. (7) 'Marketing order' means an order issued pursuant to this article prescribing rules and regulations governing producer marketing or the processing, distributing, or handling in any manner of cattle or beef within this state or establishing an assessment for financing the programs established under this article. (8) 'Person' means an individual, firm, corporation, association, or any other business unit or any combination thereof and includes any state agency which engages in any of the commercial activities regulated pursuant to this article. (9) 'Producer' means any person who owns or acquires ownership of cattle, except

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that a person shall not be considered to be a producer if the persons only share in the proceeds of a sale of cattle or beef is a sales commission, handling fee, or other service fee. (10) 'Producer marketing' or 'marketed by producers' means any or all operations performed by any producer in preparing for market and includes selling, delivering, or disposing of, for commercial purposes, cattle which he or she has produced to any market agent as defined in this Code section. (11) 'Retailer' means any person who purchases or acquires beef for resale at retail to the general public for consumption off the premises; however, such person shall also be included within the definition of 'market agent,' as set forth in this Code section, to the extent that he or she engages in the business of a market agent as defined in this Code section.
2-8-92. (a) The Agricultural Commodity Commission for Beef shall be composed of 11 members as follows:
(1) Six members who shall be producers actively engaged in the beef cattle business; (2) Three members who shall own or have significant interest in a business actively engaged in the marketing of cattle; and (3) Two members who shall be producers actively engaged in the dairy cattle business. The initial members of the commission shall be appointed by a committee consisting of the Commissioner, the chairperson of the House of Representatives Committee on Agriculture and Consumer Affairs, and the chairperson of the Senate Agriculture and Consumer Affairs Committee. Prior to making such appointments, the committee shall seek significant input from members of the cattle industry. (b)(1) Initial appointments of those members described in paragraph (1) of subsection (a) of this Code section shall be made for two members for a term of two years each from the effective date of this article and until their successors are elected and qualified, two members for a term of three years each from the effective date of this article and until their successors are elected and qualified, and two members for a term of four years each from the effective date of this article and until their successors are elected and qualified. Thereafter, successors shall be elected for a term of three years each and until their successors are elected and qualified. (2) Initial appointments of those members described in paragraph (2) of subsection (a) of this Code section shall be made for one member for a term of two years from the effective date of this article and until a successor is elected and qualified, one member for a term of three years from the effective date of this article and until a successor is elected and qualified, and one member for a term of four years from the effective date of this article and until a successor is elected and qualified. Thereafter, successors shall be elected for a term of three years each and until their successors are elected and qualified. (3) Initial appointments of those members described in paragraph (3) of subsection

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(a) of this Code section shall be made for one member for a term of three years from the effective date of this article and until a successor is elected and qualified and one member for a term of four years from the effective date of this article and until a successor is elected and qualified. Thereafter, successors shall be elected for a term of three years each and until their successors are elected and qualified. (4) Any successor shall be elected by a plurality of valid votes cast by producers in an election for such office which shall be conducted by the commission. Any producer of record with the commission shall be eligible to vote in any such election, but candidates must meet the qualification specified in paragraph (1), (2), or (3) of subsection (a) of this Code section, as applicable, for the office for which the election is conducted. The commission shall by rules and regulations provide procedures for registering qualified candidates and conducting elections. Notice of elections and qualifying periods shall be provided in the same manner as specified for hearings under paragraph (2) of subsection (b) of Code Section 2-8-100. (c) Vacancies in the offices of members shall be filled by appointment, in like manner as the appointment of initial members, for the unexpired term. Any member shall be eligible to succeed himself or herself. (d) The members of the commission shall receive compensation and reimbursement of expenses as shall be provided by the commission, and such funds shall be payable from the funds of the commission. (e) It shall be the duty of the Commissioner to certify to the Secretary of State the membership of the commission and each change in membership as the same occurs.
2-8-93. (a) The commission is authorized to appoint advisory boards, special committees, and individuals, including technical and clerical personnel, to advise, aid, and assist the commission in the performance of its duties. Compensation for such services shall be fixed by the commission and may be paid from the funds of the commission. The Attorney General shall represent the commission in legal matters and shall be the attorney for the commission. If the Attorney General determines that outside legal counsel is necessary or desirable in connection with any legal matter of the commission, he or she shall so inform the commission and, upon approval of the commission, he or she shall employ such outside counsel. Compensation for such outside counsel shall be agreed upon between such counsel and the Attorney General, subject to the approval of the commission. Such compensation shall be paid from the funds of the commission. Neither Code Section 16-10-9 nor any other law shall prohibit or be applicable to the employment of such counsel. (b) The commission is authorized to accept donations, gifts, and other property and to use the same for commission purposes. The commission may exercise the powers and authority conferred by law upon corporations. (c) The commission shall continue as a public corporation and instrumentality of the State of Georgia until abolished by law or until terminated by referendum. (d) The commission is authorized to acquire, lease as lessee, purchase, hold, own, and

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use any franchise or real or personal property, whether tangible or intangible, or any interest therein and, whenever the same is no longer required for purposes of the commission, to sell, lease as lessor, transfer, or dispose thereof or to exchange the same for other property or rights which are useful for its purposes.
2-8-94. The commission shall be a public corporation and an instrumentality of the State of Georgia. By that name, style, and title, the commission may contract and be contracted with, implead and be impleaded, and complain and defend in all courts. The commission shall name its chairperson and determine a quorum for the transaction of business. The commission shall assume the duties and exercise the authority provided in this article without further formality than that provided in this article. Each member of the commission shall be a public officer and shall take an oath of office faithfully to perform his or her duties. Such oath shall be administered by the Governor or some other person qualified to administer oaths. The fact of a members election shall be certified to the Secretary of State, who shall issue the appropriate commission under the seal of his or her office.
2-8-95. The commission is authorized and it shall be its duty to receive, collect, and disburse the funds of the commission.
2-8-96. Funds received by the commission under this article shall be held in trust for the commission. Such funds shall be deposited, accounted for, and disbursed in the same manner as the funds of this state but shall not be required to be deposited in the state treasury and appropriated therefrom as are other state funds. It is the express intent and purpose of this article to authorize the receipt, collection, and disbursement by the commission of such funds as trust funds of the commission without complying with the requirement applicable to funds collected for the use and benefit of the state.
2-8-97. Any persons who handle funds under this article shall be bonded with good and sufficient surety in an amount determined by the commission for the accounting of any and all funds coming into their hands. All checks, drafts, and negotiable instruments which are drawn on or payable from the funds of the Agricultural Commodity Commission for Beef shall be signed by either the chairperson or treasurer of the commission. It shall be the duty of the commission to elect annually a treasurer from among the membership of the commission. The treasurer shall have such powers and perform such duties as shall be provided by the commission.
2-8-98. The members and employees of the commission shall not be held responsible

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individually in any way whatsoever to any producer, market agent, or any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of the commission. The liability of the members of the commission shall be several and not joint and no member shall be liable for the default of any other member.
2-8-99. The commission is authorized to confer with and to make any information obtained pursuant to this article available to the duly constituted governmental authorities of this state, of other states, of political subdivisions of this state or other states, and of the United States who, by reason of their duties, have legitimate concern with the subject and to cooperate with all such authorities for the purpose of obtaining administrative uniformity and achieving the objectives of this article.
2-8-100. (a) The commission is authorized to issue, administer, and enforce the provisions of marketing orders.
(b)(1) Whenever the commission has reason to believe that the issuance of a marketing order or amendments to an existing marketing order will tend to effectuate the declared policy of this chapter with respect to beef, it shall, either upon its own motion or upon the application of any producer or any organization of such persons, give due notice of and an opportunity for a public hearing upon a proposed marketing order or amendments to an existing marketing order. (2) Notice of any hearing called for such purpose shall be given by the commission by publishing a notice of such hearing for a period of not less than five days in a newspaper of general circulation published in the capital of the state and in such other newspapers as the commission may prescribe. No such public hearing shall be held prior to five days after the last day of such period of publication. The commission shall also mail a copy of such notice of hearing and a copy of such proposed marketing order or proposed amendments to all producers whose names and addresses appear upon lists of such persons on file with the commission and who may be directly affected by the provisions of such proposed marketing order or such proposed amendments. Such notice of hearing shall in all respects comply with the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (3) The hearing shall be public and all testimony shall be received under oath. A full and complete record of the proceedings at such hearing shall be made and maintained on file in the office of the commission. The hearing shall, in all respects, be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing may be conducted by the commission or by a member of the commission, as may be designated by the commission in each instance, but no decision shall be made based on hearings conducted other than by the commission

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itself, at which a majority of the members thereof are present, until the members of the commission have been afforded an opportunity to review the hearing record. Where the commission conducts hearings, its recommendation shall be based on the findings reached after a review of the record of the hearing. (c)(1) In order to provide the commission with accurate and reliable information with respect to the persons who may be directly affected by any proposed marketing order for beef when such information is not then on file with the commission, the commission is authorized and directed, whenever the commission has reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of this chapter or upon receipt of a written application for a hearing pursuant to subsection (b) of this Code section, to notify all market agents, by publication of a notice as required in paragraph (2) of this subsection, to file with the commission within ten days from the last date of such publication a report, properly certified, showing:
(A) The correct name and address of such market agent; (B) The quantities of cattle affected by the proposed marketing order handled by such market agent in the calendar year next preceding the filing of such report; (C) The correct names and addresses of all producers who may be directly affected by such proposed marketing order, from whom such market agent received cattle in the calendar year next preceding the filing of such report; and (D) The quantities of cattle received by such market agent from each such producer in the calendar year next preceding the filing of such report. (2) The notice to market agents requiring them to file a report shall be published by the commission for a period of not less than five days in a newspaper of general circulation published in the capital of the state and in such other newspaper or newspapers as the commission may prescribe. The commission shall also mail a copy of such notice to all market agents whose names and addresses appear upon the lists on file with the commission who may be directly affected by such proposed marketing order. (3) Each market agent directly affected by a proposed marketing order shall file his or her verified report with the commission within the time specified in paragraph (1) of this subsection. Failure or refusal of any market agent to file such report shall not invalidate any proceeding taken or marketing order issued. The commission is authorized and directed to proceed upon the basis of such information and reports as may otherwise be available. (4) From the reports so filed and the information so received or available to the commission, including any proper corrections, the commission shall prepare a list of the names and addresses of such producers and the quantities of cattle produced or marketed by all such producers and a list of the names and addresses of such market agents and the quantities of cattle handled by all such market agents, directly affected by such proposed marketing order or amendments thereto, in the preceding calendar year. Such lists shall constitute complete and conclusive lists for use in any finding made by the commission pursuant to subsection (a) of Code Section 2-8-102 and such

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findings shall be conclusive. (5) The information contained in the individual reports of market agents filed with the commission pursuant to this Code section shall not be made public in such form. The information contained in such reports may be prepared in combined form for use by the commission, its agents, or other interested persons in the formulation, administration, and enforcement of a marketing order or may be made available pursuant to court order. Such information shall not be made available to anyone for private purposes.
2-8-101. If, upon the basis of the record of testimony and documentary evidence received at the hearing provided for in Code Section 2-8-100 and the facts officially noticed therein from official publications or institutions of recognized standing, the commission determines that the issuance of a marketing order or an amendment will tend to effectuate the intent and purpose of this article, it may recommend the promulgation of a marketing order or amendment with respect to the matters specified in the hearing notice and supported by the record, containing any or all of the following provisions, but no others:
(1) Provisions for the establishment of plans for advertising and sales promotion to maintain present markets or to create new or larger markets for cattle raised or marketed in this state or for the prevention, modification, or removal of trade barriers which obstruct the normal flow of beef to market. The commission is authorized to prepare, issue, administer, and enforce plans for promoting the sale of beef, provided that any such plan shall be directed toward promoting and increasing the sale, use, and utilization of beef without reference to a particular brand or trade name; and provided, further, that no advertising or sales promotion program shall be issued by the commission which makes use of false or unwarranted claims in behalf of any such product or disparages the quality, value, sale, or use of any other agricultural commodity; (2) Provisions prohibiting unfair trade practices by which any producer or market agent tends toward establishment of monopoly, unfairly discriminates among customers as to price or quality, or engages in fraudulent, deceptive, or misleading representations, concealment, or other similar sharp business practices which are harmful to his, her, or its customers, injurious to competitors, likely to bring into disrepute persons generally engaged in production and handling of beef, or detrimental to the intent and purpose of this article; (3) Provisions for carrying on research studies in promoting the production, marketing, sale, use and utilization, processing, and improvement of cattle or beef or any combination thereof and for the expenditure of moneys for such purposes. In any research carried on under this paragraph, the commission shall seek the cooperation of the dean of the College of Agricultural and Environmental Sciences of the University of Georgia in selecting the research project or projects to be carried on from time to time. Insofar as practicable, the commission shall seek to have such projects carried

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out by the College of Agricultural and Environmental Sciences but, if the dean of the college determines that the college has no facilities for a particular project or if the commission determines that some other research agency has better facilities therefor, the project may be carried out by other research agencies selected by the commission; and (4) Provisions establishing or providing authority for establishing, either as cattle are produced or delivered by producers to market agents or as cattle or beef is handled or otherwise prepared for market or as cattle or beef is marketed by producers or market agents, an educational program designed to acquaint producers, market agents, or other interested persons with quality improvement, including sanitation practices, procedures, or methods as applied to cattle or beef.
2-8-102. (a)(1) Except as otherwise provided by subsection (i) of this Code section, no marketing order or major amendment thereto, directly affecting producers or producer marketing, issued pursuant to this article shall be made effective by the commission unless the commission finds that such marketing order or amendment thereto has been approved or favored in a referendum among producers directly affected by a majority of the valid votes cast in such referendum and the total number of valid votes cast represents not less than 25 percent of the total number of producers of record with the commission.
(2) If the commission determines that a referendum shall be had, the commission shall establish a referendum period of 30 days. At the close of such referendum period, the commission shall count and tabulate the ballots filed during such period. If from such tabulation the commission finds that the number of producers voting in favor of such marketing order or amendment thereto is a majority of those casting valid votes and the total number of valid votes cast represents not less than 25 percent of the total number of producers of record with the commission, the commission may make such marketing order or amendment thereto effective. The commission is authorized to prescribe such additional procedures as may be necessary to conduct such referendum. (3) In the event of the failure of any proposed marketing order to be approved, no additional referendum thereon shall be held during a period of 12 months from the date of the close of the previous referendum period. (b)(1) Upon the recommendation of a majority of the members of the commission, the commission may make effective minor amendments to a marketing order. The commission may require a public hearing upon minor amendments if in its opinion the substance of such minor amendments so warrants. The commission, however, shall not be required to submit minor amendments for referendum approval. (2) In making effective major amendments to a marketing order, the commission shall follow the same procedures prescribed in this article for the institution of a marketing order. For the purpose of this article, a major amendment to a marketing order shall include, but shall not be limited to, any amendment which adds to or

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deletes from any such marketing order any of the following types of regulations or authorizations:
(A) Authority for the establishment of plans for advertising and sales promotion of cattle or beef; (B) Authority to prohibit unfair trade practices; (C) Authority for carrying out research studies in the production, processing, or distribution of cattle or beef; (D) Authority to increase an assessment rate beyond the maximum rate authorized by the marketing order in effect; or (E) Authority to extend the application of the provisions of any marketing order to portions or uses of cattle or beef not previously subject to such provisions or to restrict or extend the application of such provisions upon the producers or market agents of such portions or uses of such cattle or beef. (3) Modification of any provisions of any marketing order in effect, for the purpose of clarifying the meaning or application of such provisions or of modifying administrative procedures for carrying out such provisions, are declared not to be a major amendment of such marketing order. (c) Upon the issuance of any order making effective a marketing order or any suspension, amendment, or termination thereof, a notice thereof shall be posted on a public bulletin board maintained at the offices of the commission; and a copy of such notice shall be published as the commission may prescribe. No marketing order nor any suspension, amendment, or termination thereof shall become effective until the termination of a period of five days from the date of such posting and publication. It shall also be the duty of the commission to mail a copy of the notice of such issuance to all persons directly affected by the terms of such marketing order, suspension, amendment, or termination whose names and addresses are on file in the office of the commission and to every person who files in the office of the commission a written request for such notice. (d) The commission shall have the power, consistent with this article and in accordance with marketing orders and agreements made effective under this article, to establish such general rules and regulations for uniform application to all marketing orders issued under this article as may be necessary to facilitate the administration and enforcement of such marketing orders. The provisions of subsection (c) of this Code section relative to posting, publication, and time of taking effect shall be applicable to any such general rule or regulation established pursuant to this subsection and applicable to marketing orders generally. Such notice shall be furnished by the commission for each marketing order in active operation. (e) The commission shall have the power, consistent with this article, to establish administrative rules and regulations for each marketing order issued and made effective as may be necessary to facilitate the supervision, administration, and enforcement of each such order. The provisions of subsection (c) of this Code section relative to posting, publication, mailing of notice, and time of taking effect shall be applicable to any such administrative rules and regulations.

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(f) Unless extended as provided in this Code section, all marketing orders issued under the authority of this article shall expire, terminate, and become of no force and effect at the expiration of five years from the date of the issuance of the original marketing order or, if such marketing order has been extended, at the expiration of five years after the date of any such extension. (g) A marketing order shall be extended for a period of five years after the date of its original expiration only if extension of such marketing order has been approved or favored in a referendum among producers directly affected by at least 60 percent of the valid votes cast in such referendum and the total number of valid votes cast represents not less than 25 percent of the total number of producers of record with the commission. (h) If the commission determines that a referendum shall be held, the commission shall establish a referendum period of 30 days, such referendum period to terminate at least 30 days prior to the expiration date of the marketing order which is the subject of such referendum. At the close of such referendum period, the commission shall count and tabulate the ballots cast during such period. If from such tabulation the commission finds that the number of producers voting in favor of the extension of such marketing order is not less than 60 percent of the total number of valid ballots cast and the total number of valid ballots cast represents not less than 25 percent of the total number of producers of record with the commission, then such marketing order shall be extended for a period of five years after the expiration date; otherwise, the marketing order shall expire, terminate, and be of no force and effect as provided in subsection (f) of this Code section. (i) In lieu of the procedures provided by this Code section, the commission may elect to follow the procedures and requirements provided by Code Section 2-8-23 for purposes of making marketing orders or amendments or extensions thereof effective pursuant to referendum or assent.
2-8-103. Marketing orders issued by the commission under this article may be limited in their application by prescribing the marketing areas or portions of the state in which a particular order shall be effective, provided that no marketing order shall be issued by the commission unless it embraces all persons of a like class who are engaged in a specific and distinctive agricultural industry or trade within this state.
2-8-104. (a)(1) For the purpose of providing funds to defray the necessary expenses incurred by the commission in the formulation, issuance, administration, and enforcement of each marketing order issued under this article, each such marketing order shall provide for the levying and collection of assessments in sufficient amounts to defray such expenses. Each marketing order shall indicate the maximum rate of any such assessment which may be collected and the proportion, if any, payable by each producer and market agent directly regulated or affected by such marketing order. In

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administering such marketing order, the commission shall adopt, from time to time, budgets to cover necessary expenses and the assessment rate necessary to provide sufficient funds. If the commission finds that each such budget and assessment rate are proper and equitable and will provide sufficient moneys to defray the necessary expenses, it may approve such budget and rate of assessment and order that each producer and market agent so assessed shall pay to the commission, at such times and in such installments as the commission may prescribe, an assessment, based upon the units in which beef is marketed or upon any other uniform basis which the commission determines to be reasonable and equitable, but in amounts which (A) in the case of producers will not exceed 2 1/2 percent of the gross dollar volume of sales of the cattle affected by all such producers regulated by such marketing order, or (B) in the case of market agents will not exceed 2 1/2 percent of the gross dollar volume of purchases of cattle affected by the marketing order from producers or of the gross dollar volume of sales of cattle affected by the marketing order and handled by all such market agents regulated by such marketing order during the period during which such marketing order is effective. (2) No assessments levied and collected under this subsection shall be used in carrying out any advertising or sales promotion plans. (b)(1) Each marketing order which authorizes the carrying out of advertising and sales promotion plans shall provide for the levying and collection of assessments in sufficient amounts to defray the expenses of such activities. Each such marketing order shall indicate the maximum rate of any such assessment and the proportion, if any, payable by each producer and market agent directly regulated or affected by such marketing order. The commission shall adopt budgets to cover such expenses and establish the assessment rate necessary to provide sufficient funds. If the commission finds that each such budget and assessment rate are proper and equitable and will provide sufficient moneys to defray such expenses, it may approve such budget and approve and levy such assessment. Any assessments so established shall be based upon the units in which cattle are marketed or upon any other uniform basis which the commission determines to be proper and equitable. Any assessment rates established under this subsection shall be in amounts not to exceed 4 percent of the gross dollar volume of sales by all producers or by all market agents regulated by such marketing order during the period during which such marketing order is effective. (2) Assessments levied and collected under this subsection shall be the only assessments used in carrying out advertising or sales promotion plans for purposes of this article. (3) Any producer may at any time elect not to be subject to any assessment levied for purposes of this subsection, and any producer who has so elected in accordance with this paragraph shall be exempt from levy, not be assessed, and have no liability for assessment for purposes of this subsection. Any producer who has so elected may thereafter cancel such election at any time, in which event the producers exemption shall cease. Any such election or cancellation by a producer shall be submitted in writing to the commission, in such form and manner as specified by the

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Commissioner. (c) At no time shall the combined amount of assessments in effect pursuant to subsections (a) and (b) of this Code section exceed $1.00 per head of cattle. (d) In the event that the commission has reason to believe that the administration of a marketing order will be facilitated or the attainment of the purposes and objectives of the marketing order will be promoted thereby, the commission is authorized to borrow money, with or without interest, to carry out any provision of any marketing order authorized by this article and may hypothecate anticipated assessment collections applicable to such respective provisions. (e) In lieu of requiring advance deposits for defraying administrative or advertising and sales promotion expenses until such time as sufficient moneys are collected for such purposes from the payment of assessments established pursuant to this Code section, the commission is authorized to receive and disburse for such purposes contributions made by producers or market agents. The commission shall not be held responsible for the repayment of such contributions, provided that whenever collections from the payment of established assessments credited to the respective marketing order accounts are sufficient so to warrant, the commission shall repay contributions or shall authorize the application of such contributions to the assessment obligations of the persons who made such contributions.
(f)(1) Each and every market agent for which an assessment has been established by or pursuant to this article shall, at the time of purchasing or acquiring any such cattle from the producer thereof, collect from such producer the assessment established by or in accordance with this article and remit the same to the commission. The liability of such market agent under this article shall not be discharged except upon receipt of such sums by the commission. For the purpose of this subsection, to ensure compliance with this Code section, and for the administrative convenience of the commission in enforcing payment and collection of such assessments, delivery by a producer to a market agent for processing of any cattle upon which an assessment has been established shall be deemed a sale of such cattle within the meaning of this Code section; and the assessment shall thereupon attach and become due, regardless of whether such market agent actually purchases such cattle for himself or herself or only processes same for a consideration payable by the producer or another person and such cattle are thereafter sold to another person, provided that upon collection of such assessment by the market agent to whom such cattle are so delivered for processing only, no further or additional assessment shall attach or become due by reason of the subsequent sale by such producer of such processed cattle to another person or market agent. (2) This subsection shall not apply to an assessment against a producer from which such producer is exempt under subsection (b) of this Code section. (g) The commission may prescribe such rules as may be necessary and reasonable for the orderly reporting and transmitting of assessments by market agents and may take all legal action necessary to enforce payment of the same by market agents. The commission is authorized to issue executions for the same in like manner as executions

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are issued for ad valorem property taxes due the state. It shall be the duty of each and every sheriff of this state and their lawful deputies, upon the request of the commission, to levy and collect such executions and to make their return thereof to the commission in like manner as such tax executions are levied and return thereof made to county tax collectors and tax commissioners. The commission shall likewise be authorized to collect, by execution as provided in this subsection or otherwise, directly from the producer against whom any assessment levied under this Code section may be found due whenever it is determined that such producer has sold such affected cattle giving rise to such liability to a person other than to a market agent who has collected such assessment and is required by this Code section to remit the same to the commission. Furthermore, the commission may proceed against such producer and the purchaser of such cattle simultaneously if the purchaser is a market agent required to collect such assessment, until satisfaction is obtained. (h) Any moneys collected by the commission pursuant to this article shall be deposited in a bank or other depository approved by the commission and shall be disbursed by the commission only for the necessary expenses incurred by the commission, as approved by the commission. Funds so collected shall be deposited and disbursed in conformity with appropriate rules and regulations prescribed by the commission. All such expenditures by the commission shall be audited at least annually by the state auditor and a copy of such audit shall be delivered within 30 days after the completion thereof to the Governor and the commission. If the commission is abolished, any funds remaining in its hands at such time shall be used to pay the existing obligations of the commission and the expenses incurred in winding up the affairs of the commission. Any excess remaining shall escheat to the state and shall be paid into the state treasury as unclaimed trust funds. (i) Moneys deposited by the commission pursuant to this Code section which the commission determines are available for investment may be invested or reinvested by the commission as provided for funds of this state or of any retirement system created by law, provided that all moneys invested shall be invested in those areas of production that will provide a return at the highest bank interest rate available. It shall be the duty of the commission annually to review these investments and determine whether they are in compliance with this Code section.
2-8-105. (a) Any assessment levied or established in accordance with this article in such specified amount as may be determined by the commission pursuant to this article shall constitute a personal debt of every person so assessed and shall be due and payable to the commission when payment is called for by the commission. In the event of the failure of such person to pay any such assessment upon the date determined by the commission, the commission may file an action against such person in a court of competent jurisdiction for the collection thereof. (b) In the event that any producer or market agent duly assessed pursuant to this article fails to pay to the commission the amount so assessed on or before the date specified by

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the commission, the commission is authorized to add to such unpaid assessment an amount not exceeding 10 percent of such unpaid assessment to defray the cost of enforcing the collection of such unpaid assessment. (c) The provisions of subsection (a) of this Code section with respect to collection of assessments by action are in addition to and cumulative of the provisions of this article authorizing the issuance of executions for assessments by the commission. The 10 percent penalty authorized to be assessed upon delinquent assessments under subsection (b) of this Code section may likewise be included in any execution issued by the commission. Such remedies may be pursued concurrently until satisfaction is obtained upon either. Any penalty recovered shall become a part of the principal assessment levied and shall be for the use of the commission as are other moneys received under this article. (d) This Code section shall not apply to an assessment against a producer from which such producer is exempt under subsection (b) of Code Section 2-8-104.
2-8-106. (a) The commission may require any and all market agents subject to the provisions of any marketing order issued pursuant to this article:
(1) To maintain books and records reflecting their operations under the marketing order; (2) To furnish to the commission or its duly authorized or designated representatives such information as may from time to time be requested by them relating to operations under the marketing order; and (3) To permit inspection by the commission or its duly authorized or designated representatives of such portions of such books and records as relate to operations under the marketing order. (b) Information obtained by any person under this Code section shall be confidential and shall not be disclosed by him or her to any other person, except to a person with like right to obtain the information or to any attorney employed to give legal advice thereupon or by court order. (c) In order to carry out the purposes of this Code section, the commission may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for the production of books, records, or documents of any kind.
2-8-107. Any person who violates any provision of this article or any marketing order duly issued by the commission and in effect under this article or who violates any rule or regulation issued by the commission pursuant to this article or of any marketing order duly issued and effective under this article shall be civilly liable to the commission for a penalty in an amount not to exceed $500.00 for each and every violation thereof, the amount of such penalty to be fixed by the commission after notice and hearing as provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for contested cases and recoverable by a civil action brought in the name of the

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commission or by execution issued in like manner as for assessments provided by Code Section 2-8-104. Any moneys recovered pursuant to this Code section shall be deposited and disbursed in accordance with subsection (e) of Code Section 2-8-104 as are other moneys.
2-8-108. (a) The Attorney General of this state shall, upon complaint by the commission, or may, upon his or her own initiative if after examination of the complaint and evidence he or she believes a violation has occurred, bring an action in the superior court in the name of the commission for civil penalties or for injunctive relief, including specific performance of any obligation imposed by a marketing order or any rule or regulation issued under this article, or both, against any person violating any provisions of this article or of any marketing order or any rule or regulation duly issued by the commission under this article. (b) If it appears to the court, upon any application for a temporary restraining order, upon the hearing of any order to show cause why a preliminary injunction should not be issued, or upon the hearing of any motion for a preliminary injunction, or if the court finds in any such action that any defendant therein is violating or has violated any provision of this article or of any marketing order or any rule or regulation duly issued by the commission under this article, then the court shall enjoin the defendant from committing further violations and may compel specific performance of any obligation imposed by a marketing order or any rule or regulation issued by the commission under this article. It shall not be necessary in such event to allege or prove lack of an adequate remedy at law. (c) In any action brought by the Attorney General to enforce any of the provisions of this article or of any marketing order issued by the commission and effective under this article or of any rule or regulation issued by the commission pursuant to any marketing order, the judgment, if in favor of the commission, may provide that the defendant pay to the commission the costs incurred by the commission in the prosecution of such action.
2-8-109. (a) The commission on its own motion may, and upon the complaint of any interested party charging a violation of any provision of this article or of any provision of any marketing order or any rule or regulation issued by the commission and effective under this article shall, either refer the matter directly to the Attorney General of this state or to any prosecuting attorney of this state for the institution of legal proceedings thereupon or, if the commission deems it necessary or advisable, immediately call an administrative hearing, pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' governing contested cases, to consider the charges set forth in such verified complaint. (b) In case the matter is referred directly by the commission to the Attorney General or any prosecuting attorney, it shall be the duty of such officer, if after examination of the

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complaint and the evidence he or she believes that a violation has occurred, to bring an appropriate action or actions in a court or courts of competent jurisdiction in this state. (c) After an administrative hearing, if the commission finds that a violation has occurred, it shall enter its findings and notify the parties to such complaint. In its discretion, the commission shall either refer the matter to the Attorney General for the institution of legal proceedings or notify such parties to cease and desist from further violation. Upon the refusal or failure of such parties to comply or if the commission finds that the facts or circumstances warrant immediate prosecution, the commission shall file a complaint with the Attorney General or with any prosecuting attorney of this state requesting that such officer commence any or all actions authorized in this article against such respondent or respondents in a court of competent jurisdiction.
2-8-110. (a) Any person who willfully renders or furnishes a false or fraudulent report, statement, or record required pursuant to this article or any marketing order effective under this article shall be guilty of a misdemeanor. (b) Any market agent or other person engaged in the handling or processing of cattle or beef or in the wholesale or retail trade thereof who fails or refuses to furnish, upon request, information concerning the name and address of the person from whom he or she has received cattle or beef regulated by a marketing order issued and in effect under this article and the quantity of such cattle or beef received shall be guilty of a misdemeanor.
2-8-111. Any person who violates any provision of this article or any provision of any marketing order duly issued by the commission under this article shall be guilty of a misdemeanor.
2-8-112. The penalties and remedies prescribed in this article with respect to any violation mentioned shall be concurrent and alternative. Neither singly nor combined shall such penalties and remedies be exclusive; rather, either singly or combined, such penalties and remedies shall be cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided or allowed by law with respect to any such violation.
2-8-113. This article shall not be applicable to any retailer of beef except to the extent that any retailer is included within the definition of 'market agent' pursuant to paragraph (11) of Code Section 2-8-91.
2-8-114. The promulgation, adoption, and amendment of rules and regulations by the commission shall be subject to the requirements of Chapter 13 of Title 50, the 'Georgia

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Administrative Procedure Act.'"
PART II SECTION 2-1. Said title is further amended in reserved Chapter 15 by striking the sentence "Reserved." immediately following the chapter designation and inserting in lieu thereof the following: "2-15-1. This chapter may be cited as the 'Georgia Aquaculture Development Act of 2004.'
2-15-2. As used in this chapter, the term:
(1) 'Aquaculturalist' means a person or firm engaged in aquaculture. (2) 'Aquaculture' means the commercial farming of privately owned aquatic animals in captive conditions and up to the juvenile or adult phase, with some sort of intervention in the rearing process such as regular stocking, feeding, protection from predators, or other management activity intended to enhance production. (3) 'Aquatic animals' means pacific white shrimp (Penaeus vannamei).
2-15-3. (a) There is created the Aquaculture Development Advisory Council. The council shall be composed of 15 members as follows:
(1) One member representing agriculture at large to be appointed by mutual agreement of the chairpersons of the House and Senate Committees on Agriculture and Consumer Affairs; (2) The dean of the College of Agriculture, Home Economics, and Allied Programs of Fort Valley State University or his or her representative; (3) The chairperson of the Committee on Agriculture and Consumer Affairs of the House of Representatives or his or her representative; (4) The chairperson of the Committee on Agriculture and Consumer Affairs of the Senate or his or her representative; (5) The Commissioner or his or her representative; (6) The commissioner of natural resources or his or her representative; (7) The commissioner of industry, trade, and tourism or his or her representative; and (8) Eight members to be appointed as provided by this paragraph. The President of the Senate and the Speaker of the House of Representatives each shall appoint four members as follows:
(A) Two members shall be representatives of the aquaculture industry; (B) One member shall be a representative of the aquaculture supply and equipment industry; and (C) One member shall be a representative of a private industry which is doing research in the promotion of aquaculture. Each of the nine appointed members shall be appointed for a term of two years and until a successor is appointed and assumes membership on the council. The terms of

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the first such appointed members shall begin on the effective date of this chapter. (b) The purpose of the council shall be to inform and advise the department and the Department of Natural Resources regarding important developments in aquaculture. (c) The members of the council shall enter upon their duties without further act or formality. The council may make such bylaws for its government as it deems necessary but is under no duty to do so. The council may appoint working subcommittees based on identified needs. These subcommittees may consist of noncouncil members who exhibit an interest in the development of the aquaculture industry of Georgia. (d) Eight members of the council shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted the council by this chapter. No vacancy on the council shall impair the right of a quorum to transact any and all business of the council. (e) The members shall not receive compensation for their services on the council but those members who are public officials or employees shall be reimbursed from the funds of their employing department, agency, or branch of government for per diem, travel, and other expenses in the same manner and amount as they otherwise receive for performing services for their respective departments, agencies, or branches of government. (f) The council shall meet upon the call of its chairperson, who shall be elected by the members of the council. The chairpersons of the Committees on Agriculture and Consumer Affairs of the House of Representatives and the Senate shall serve as cochairpersons of the council until such time as a chairperson of the council is elected by the members. (g) The council is authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with this chapter which are necessary or convenient to enable it to exercise its powers, perform its duties, and accomplish the objectives and purposes of this chapter. (h) Staff support for the council shall be provided by the department and the Department of Natural Resources.
2-15-4. (a) There shall be an aquaculture program within the department. (b) The department shall make a thorough study of aquaculture and the potential for development and enhancement of aquaculture in the state. It shall be the duty of the department to develop, distribute, and, from time to time, amend an aquaculture development plan for the State of Georgia for the purpose of facilitating the establishment and growth of economically viable aquaculture enterprises in Georgia. Such plan shall include:
(1) An evaluation of Georgias natural resources as they relate to aquaculture; (2) An evaluation of species with potential for culture in Georgia; (3) An identification of constraints to development of aquaculture in Georgia and recommendations on methods to alleviate these constraints;

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(4) An identification of the role of the department in supporting the aquaculture industry, including an evaluation of existing physical and personnel resources and recommendations for allocation of additional resources where needed; (5) A list of the resources, training programs, technical assistance, and other programs available to prospective aquaculturalists; (6) Recommendations for implementation of the plan; and (7) An identification of the role of other state and federal agencies in the development of the aquaculture industry. (c)(1) To aid in performing its duties under this Code section, the department shall rely upon, to the extent feasible, the Georgia Center for Aquaculture Development at Fort Valley State University as a state-wide center for providing information, conducting research and development, and technology transfer training on fresh-water and marine aquaculture in diverse production systems. (2) Middle Georgia Technical College shall collaborate, to the extent feasible, with the Georgia Center for Aquaculture Development at Fort Valley State University on aquaculture training.
2-15-5. (a) Any person or firm engaged in aquaculture shall apply to the department for an aquaculture registration. The lawfully obtained pacific white shrimp of a registered aquaculturalist shall be privately owned subject to regulation by the department; provided, however, any person selling pacific white shrimp without first obtaining an aquaculture registration shall be considered to be selling 'wildlife' or 'wild animals' and shall be subject to the provisions of Title 27 governing such sale. (b) On and after January 1 of the calendar year following the year in which this chapter becomes effective, it shall be a misdemeanor for any person or firm to engage in aquaculture unless such person or firm is registered as provided by this chapter; except that this subsection shall not apply to the employees of a registered aquaculturalist.
2-15-6. The department shall register persons engaged in aquaculture under the applicable provisions of this chapter. Such registration or any renewal thereof shall expire on December 31 of each even-numbered year following registration; provided, however, that any registration shall expire 30 days following any change in the status of any information required by the provisions of this chapter or by any rule or regulation adopted pursuant to this chapter to be reported to the department. The department shall issue to registrants who update or renew their registration new certificates of registration for the full period of registration provided for in this Code section.
2-15-7. (a) All applications to the department for registration as an aquaculturalist shall:
(1) Designate an address in this state where the applicant can be personally served with legal process;

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(2) Contain an appointment of an agent in this state for acceptance of service of legal process, together with the agents address in this state; or (3) Contain a designation of the Secretary of State for acceptance of service of legal process. (b) A copy of such application shall be forwarded to the Secretary of State by the department. (c) The Commissioner shall by rule or regulation establish a registration fee in such amount as is reasonable and necessary to cover administrative costs.
2-15-8. The filing of an application with the department for registration as an aquaculturalist shall constitute an admission by the applicant that the applicant is doing business in this state.
2-15-9. (a) The Commissioner may deny registration to:
(1) Any applicant with a criminal record; (2) Any applicant who is found by the Commissioner to have violated any law administered by the department or any regulation or quarantine of the department; or (3) A corporation, when any of its officers has a criminal record or is found by the Commissioner to have violated any law administered by the department or any regulation or quarantine of the department. (b) In the case of a partnership, all parties shall be considered applicants for the purpose of this Code section. (c) No registration shall be denied under this chapter without opportunity for hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
2-15-10. The Commissioner may revoke any outstanding registration where the holder of the same or any officer or agent of the holder is found by the Commissioner to have violated any law administered by the department or any regulation or quarantine of the department, provided that no registration shall be revoked under this Code section without opportunity for hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
2-15-11. All registration certificates issued by the department shall be evidence of a registration. The department shall maintain a current list of all persons registered under this chapter.
2-15-12. (a) The Commissioner shall make and publish such rules and regulations, not inconsistent with law, as are reasonable and necessary to carry out the purposes of this chapter.

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(b) Such rules and regulations shall include, without limitation, best management practices that shall serve as protocols for the establishment and maintenance of responsible and sustainable aquaculture and for the protection of public health and safety. By way of example only, such practices may cover site selection, site plans, stocking, harvesting, transportation of product, effective management, food safety at the farm level, and reporting requirements. Compliance with such best management practices shall be a condition of any aquaculture registration certificate issued under this chapter.
2-15-13. (a) It shall be unlawful for any person to have in his or her possession pacific white shrimp obtained from an aquaculturalist without a bona fide bill of sale or lading that provides the date of transaction, identifies the seller, and details at least two of the following three criteria for pacific white shrimp: number, weight, or average length. (b) It shall be unlawful to sell pacific white shrimp produced by aquaculture which shrimp the department has determined to have diseases or parasites that would be harmful to native wildlife populations, including without limitation any viruses that may be latent in exotics but problematic if introduced into indigenous stocks. (c) Wholesale fish dealers or retail fish dealers properly licensed under Title 27 may sell pacific white shrimp obtained from an aquaculturalist registered under this chapter. (d) The Commissioner may by rule or regulation prohibit or limit the importation, possession, or sale in this state of pacific white shrimp where the same are found to be harmful to endemic wildlife populations or where the importation, possession, or sale might introduce or spread disease or parasites, including without limitation any viruses that may be latent in exotics but problematic if introduced into indigenous stocks. (e) Any pacific white shrimp in the postlarval stage obtained for growout must be free of disease. (f) Employees or agents of the department shall confiscate any pacific white shrimp imported, purchased, or acquired by any person in violation of this Code section or any rule or regulation of the Commissioner adopted pursuant to this Code section.
2-15-14. (a) Any inspector or other person authorized to ascertain compliance with any provision of this chapter or any rule or regulation of the department pertaining to aquaculture may enter during normal business hours and inspect the premises of an aquaculturalist to determine whether such person is in compliance with the rules and regulations of the department. (b) In the event any person refuses to give his or her consent to an inspection as provided in subsection (a) of this Code section, the Commissioner or any person authorized to make inspections may seek a warrant to make an inspection as provided in this subsection:
(1) Any application for an inspection warrant shall be made to a person who is a judicial officer within the meaning of Code Section 17-5-21;

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(2) An inspection warrant shall be issued only upon cause and when supported by an affidavit particularly describing the place, dwelling, structure, premises, or vehicle to be inspected and the purpose for which the inspection is to be made. In addition, the affidavit shall contain either a statement that consent to inspect has been sought and refused or facts or circumstances reasonably justifying the failure to seek such consent. Cause shall be deemed to exist if either reasonable legislative or administrative standards for conducting a routine or area inspection are satisfied with respect to the particular place, dwelling, structure, premises, or vehicle, or there is reason to believe that a condition of nonconformity exists with respect to the particular place, dwelling, structure, premises, or vehicle; (3) An inspection warrant shall be effective for the time specified therein, but not for a period of more than 14 days, unless extended or renewed by the judicial officer who signed and issued the original warrant, upon satisfying himself or herself that such extension or renewal is in the public interest. Such inspection warrant must be executed and returned to the judicial officer by whom it was issued within the time specified in the warrant or within the extended or renewed time. After the expiration of such time, the warrant, unless executed, is void; (4) An inspection pursuant to an inspection warrant shall be made between 8:00 A.M. and 6:00 P.M. of any day or at any time during operating or regular business hours. An inspection should not be performed in the absence of an owner or occupant of the particular place, dwelling, structure, premises, or vehicle unless specifically authorized by the judicial officer upon a showing that such authority is reasonably necessary to effectuate the purpose of the regulation being enforced. An inspection pursuant to a warrant shall not be made by means of forcible entry, except that the judicial officer may expressly authorize a forcible entry where facts are shown which are sufficient to create a reasonable suspicion of a violation of this chapter or any rule or regulation promulgated pursuant to this chapter, which, if such violation existed, would be an immediate threat to health, safety, or welfare or where facts are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful. Where prior consent has been sought and refused and a warrant has been issued, the warrant may be executed without further notice to the owner or occupant of the particular place, dwelling, structure, premises, or vehicle to be inspected; (5) It shall be unlawful for any person to refuse to allow an inspection pursuant to an inspection warrant issued as provided in this subsection. Any person violating this paragraph shall be guilty of a misdemeanor; and (6) Under this subsection, an inspection warrant is an order, in writing, signed by a judicial officer, directed to the Commissioner or any person authorized to make inspections for the department, and commanding him or her to conduct any inspection authorized by any rules or regulations promulgated pursuant to this chapter. (c) The provisions of Code Section 27-1-23 shall not be applicable to any person registered under this chapter."

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SECTION 2-2. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking Code Section 27-1-2, relating to definitions relative to said title, and inserting in lieu thereof the following:
"27-1-2. As used in this title, the term:
(1) 'Adult supervision' means under the command and control of a person 18 years of age or older, with the minor being within sight or hearing distance of such person. (1.1) 'Alligator' means Alligator mississippiensis, commonly known as the American alligator. (2) 'Alligator farming' means the possession, propagation, and any other act involved in the production of live alligators. (3) 'Alligator product' means any product or article made, either wholly or in part, from any part of the hide of an alligator or alligator meat or any other part of an alligator carcass. (3.1) 'Aquaculturalist' has the meaning provided by Code Section 2-15-2. (3.2) 'Aquaculture' has the meaning provided by Code Section 2-15-2. (4) 'Artificial lure' means any lure which is made completely of natural or colored plastic, wood, cork, rubber, metal, feathers, hair, tinsel, styrofoam, sponge, or string, or any combinations of such materials, in imitation of or as a substitute for natural bait. Such term does not include any item which is sprayed with or containing scented or chemical attractions. (5) 'Bag limit' or 'creel limit' means the quantity of wildlife which may be taken, caught, or killed during a specified period. (6) 'Big game' means turkey, deer, and bear. (7) 'Board' means the Board of Natural Resources. (8) 'Bushel' means the present United States standard bushel, as determined by the United States Department of Agriculture, which standard bushel measures 2150.4 cubic inches. (9) 'Business premises' means any place of business operation including, but not limited to, offices, sheds, warehouses, vessels, boats, houses, ponds, and other such locations where commercial activity takes place and specifically includes the equipment used in conducting such activity. (10) 'Carrier' means a person engaged in the business of transporting goods and specifically includes a common carrier, a contract carrier, a private carrier, and a transportation company. (10.1) 'Cast net' means a cone shaped net designed to be thrown and retrieved by hand and designed to spread out and capture fish and shrimp as the weighted circumference sinks to the bottom and comes together when pulled by a line. (11) 'Catch-out pond' means a fresh-water pond or lake where the owner or operator charges persons a fee for the right to fish therein. (12) 'Clam rake' means a hand-held rake, or a tool consisting of a long handle with a bar that is set transversely with projecting prongs and with a wire basket or enclosure

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modification, which rake or tool is suitable for scratching and removing mollusks of the class Pelecypoda from estuarine and marine substrates. (13) 'Commercial' means of or relating to buying, selling, or exchanging or offering for purchase, sale, or exchange. (13.1) 'Commercial cast net' means a cast net constructed of a minimum of fiveeighths inch bar mesh and having a radius not more than 12 feet and in compliance with the provisions of Code Section 27-4-13. (13.2) 'Commercial cast netting' means taking shrimp for commercial sale for food purposes. (14) 'Commercial crab trap' means an oblong cage or other cubical structure which is constructed of wooden slats, hardware cloth, chicken wire, or other similar material, which has one or more tunnel-shaped entrances which allow ingress but limit egress, which is to be used as a trap, which is designed to be left unattended for long periods of time, and which is used for catching decapod crustaceans, mainly of the species Callinectes sapidus. (15) 'Commercial fish hatchery' means a facility consisting of two or more ponds or a raceway system which is capable of growing fish from eggs, fry, or fingerlings to a commercially salable size and which produces fish from such eggs, fry, or fingerlings for sale more than once annually. (16) 'Commercial fishing' means fishing for the purpose of sale, the sale or offering for sale of fish by the person taking such fish, or fishing with commercial fishing gear. (17) 'Commercial quantities' means an amount equal to one bushel or more. (18) 'Commercial shooting preserve' means any shooting preserve open to the general public for a fee. (19) 'Commercial trapper' means a person who traps on any land other than that belonging to himself or herself or to his or her immediate family. (20) 'Commissioner' means the commissioner of natural resources. (21) 'Crab' means any crab of the species Callinectes sapidus. (22) 'Department' means the Department of Natural Resources. (23) 'Domestic species' means those taxa of animals which have traditionally lived in a state of dependence on and under the dominion and control of man and have been kept as tame pets, raised as livestock, or used for commercial breeding purposes, including, but not limited to, dogs, cats, horses, cattle, ratites, and chickens. Animals which live in a captive or tame state and which lack a genetic distinction from members of the same taxon living in the wild are presumptively wild animals, except that lawfully obtained farmed fish which are held in confinement in private ponds shall be known as and considered to be 'domestic fish,' but only if they are fish species which are either indigenous to Georgia or are fish species which have been recognized prior to 1992 as having an established population in Georgia waters other than private ponds; provided, however, that Morone americana, white perch, shall not be a domestic fish; and provided, further, that pacific white shrimp produced by or used in aquaculture and contained on the premises of an aquaculturalist registered

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under Code Section 2-15-6 shall not be presumed to be wild animals. (24) 'Educational' means of or relating to an attempt to learn or convey information about the characteristics and behavior of wild animals or wildlife, where such an attempt is made:
(A) In a public or private college, university, secondary school, or primary school, which college, university, or school is accredited by either the Georgia Accrediting Commission, Inc., or the Southern Association of Colleges and Schools; (B) By an independent study conducted in affiliation with any of the institutions mentioned in subparagraph (A) of this paragraph; (C) By any chartered association or society organized for the purpose of conveying knowledge about such species to its members; (D) By a research facility; or (E) By a governmental agency. (25) 'Established bait dealership' means a facility which is used in whole or in part to sell shrimp for bait and which has been inspected by employees of the department and which has been issued a bait dealer license. (26) 'Falconer' means a person licensed according to the laws and rules and regulations pertaining to falconry. (27) 'Falconry' means the sport of taking quarry by means of a trained raptor. (27.1) 'Farmed deer' means fallow deer (Dama dama), axis deer (Axis axis), sika deer (Cervus nippon), red deer and elk (Cervus elaphus), and reindeer and caribou (Rangifer tarandus), and hybrids between these farmed deer species raised for the commercial sale of meat and other parts or for the sale of live animals. (28) 'Feral hog' means any hog which is normally considered domestic but which is living in a wild state and cannot be claimed in private ownership. (29) 'Fishing' means catching, capturing, taking, or killing fish, mussels, and all seafood and includes all lesser acts such as attempting to catch, capture, or kill by any device or method and every act of direct assistance to any person in catching or attempting to catch fish, mussels, or seafood. (30) 'Full-time employee' means a person who works at least 30 hours per week for one employer. Expressly excluded from this term is an independent contractor or casual vendor who does not receive regular periodic compensation from one employer. (31) 'Fur-bearing animals' means the following animals: mink, otter, raccoon, fox, opossum, muskrat, skunk, bobcat, and weasel. (32) 'Fur dealer' means a person who purchases or sells raw undressed hides, furs, pelts, or skins of fur-bearing animals and alligator hides or alligator products, excluding alligator meat; provided, however, those persons engaged in wholesale or retail furrier operations, that is, those who engage in the manufacture or production of finished fur or alligator products, shall not be fur dealers for purposes of this title. (33) 'Fur dealers agent' means any person who represents the owner of or a dealer in furs, alligator hides, or alligator products for the purpose of selling such furs, alligator hides, or alligator products.

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(34) 'Game animals' means the following animals: bear, bobcat, deer, fox, opossum, rabbit, raccoon, sea turtles and their eggs, squirrel, cougar (Felis concolor), and all members of the families Alligatoridae and Crocodylidae. (35) 'Game birds' means the following birds: turkey, quail, grouse, and all migratory game birds. (36) 'Game fish' means the following fish, except domestic fish as provided in paragraph (23) of this Code section:
(A) Bass: (i) Largemouth bass; (ii) Smallmouth bass; (iii) White bass; (iv) Striped bass; (v) Spotted bass; (vi) Redeye (Coosa) bass; (vii) Striped-white bass hybrid; (viii) Shoal bass (Flint River smallmouth); and (ix) Suwannee bass;
(B) Trout: (i) Rainbow trout; (ii) Brown trout; and (iii) Brook trout;
(C) Crappie: (i) White crappie; and (ii) Black crappie;
(D) Shad: (i) American shad; and (ii) Hickory shad;
(E) Sunfish or bream: (i) Flier; (ii) Spotted sunfish (stumpknockers); (iii) Rockbass (goggleye); (iv) Shadow bass; (v) Redbreast sunfish; (vi) Redear sunfish; (vii) Bluegill (bream); and (viii) Warmouth;
(F) Perch: (i) Walleye; and (ii) Sauger;
(G) Pickerel: (i) Chain pickerel; (ii) Grass pickerel; and (iii) Redfin pickerel; and

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(H) Catfish: (i) Channel catfish; and (ii) Flathead catfish.
(37) 'Game species' means all game animals, game birds, and game fish. (38) 'Held as pets' means the possession of any wild animal for purposes other than scientific, educational, or public exhibition purposes or other than for sale to the general public or other than for resale to a retail dealer, an exhibition, or a research facility. (39) 'Hunting' means pursuing, shooting, killing, taking, or capturing wildlife or feral hogs. This term also includes acts such as placing, setting, drawing, or using any device used to take wildlife or feral hogs, whether any such act results in taking or not, and includes every act of assistance to any person in taking or attempting to take such wildlife or feral hogs.
(40)(A) 'Immediate family,' except insofar as that term relates to trapping, trappers, and fur dealers, means all persons living in one household under one head of household and bearing a blood or dependent relationship to such head of household. (B) 'Immediate family,' insofar as that term relates to trapping, trappers, and fur dealers, means son, daughter, father, mother, brother, sister, granddaughter, grandson, or spouse. (40.1) 'License' means any document, decal, stamp, permit, or temporary license identification number which authorizes the holder to participate in any activity regulated by the department and which is issued by the department; provided, however, that a temporary license number shall be a valid license for ten days from the date of issuance. (41) 'Licensed bait dealer' means the owner of an established bait dealership within this state who has been properly licensed and bonded pursuant to the applicable laws and regulations. (42) 'May' means is authorized, but not required, and denotes discretion and permission rather than command. When 'may' is used in authorizing a certain action to be taken, it shall also include the authorization to change that action. (43) 'Migratory game birds' means all the following birds: brant, coots, cranes, doves, ducks, gallinules, geese, rails, snipe, swans, and woodcock. Birds which are mutations of such birds and birds which are the result of hybridization between such birds or between such birds and other birds are included as migratory game birds. (44) 'Mountain trout' means rainbow, brook, and brown trout. (45) 'Night' means between the hours of 30 minutes after sunset and 30 minutes before sunrise. (46) 'Nongame fish' means any fish not included within the definition of the term 'game fish' in this Code section and is synonymous with the term 'rough fish.' (47) 'Peeler' means a crab which has a soft shell fully developed under the hard shell and which has a pink or red line on the outer edge of the swimming paddles. (48) 'Pen raised game birds' means game birds which are raised in captivity and are more than two generations removed from the wild.

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(49) 'Perishable' means likely to deteriorate quickly in quality or value unless given special treatment such as dressing, freezing, or cold storage. (50) 'Person' means any individual, partnership, firm, corporation, association, or other entity. (51) 'Pole and line' means any hand line or any type of pole with a line attached and specifically includes a casting rod, a spinning rod, a fly rod, and all similar hand-held equipment for use with bait or artificial lure; provided, however, such pole and line may only be used to entice fish to strike or bite such bait or lure. (52) 'Private oyster or clam beds' means oyster or clam beds in which the right to plant, cultivate, and harvest oysters and clams is not vested in the state pursuant to Code Sections 44-8-6, 44-8-7, and 44-8-8. (53) 'Private pond' means a body of water wholly on or within the lands of one title from which fish cannot go upstream or downstream or to the lands of another. (54) 'Private shooting preserve' means any shooting preserve owned or leased by an individual, partnership, firm, corporation, association, or other entity and used only by the owners, members, and guests. (55) 'Public exhibition' means any commercial or noncommercial display of wild animals or wildlife to the general public, including displays held in nontraveling facilities in fixed locations or displays held in transient facilities which travel to different parts of the state. (56) 'Public road' means any road open to and intended for use by the public and maintained at public expense. (57) 'Purchase' means to acquire, obtain, or receive or to attempt to acquire, obtain, or receive by exchange of valuable consideration. This term specifically includes barter and exchange. (58) 'Raptor' means a live migratory bird of the order Falconiformes or the order Strigiformes, other than the bald eagle (Haliaeetus leucocephalus) or the golden eagle (Aquila chrysaetos). (59) 'Rats and mice' means any gnawing mammal of the class Mammalia, the subclass Theria, the order Rodentia, and either the family Muridae or the family Cricetidae and the genera Peromyscus, Sigmodon, Oryzomys, or Reithrodontomys. (59.1) 'Recreational bait shrimp cast net' means a cast net constructed of a minimum of three-eighths inch mesh with a radius not greater than eight feet and in compliance with the provisions of Code Section 27-4-13. Such term shall include any cast net which exceeds such minimum mesh size. (59.2) 'Recreational bait shrimp cast netting' means taking shrimp for noncommercial use as bait by means of a cast net. (59.3) 'Recreational food shrimp cast net' means a cast net constructed of a minimum of one-half inch bar mesh with a radius not greater than eight feet and in compliance with the provisions of Code Section 27-4-13. (59.4) 'Recreational food shrimp cast netting' means taking shrimp for noncommercial food purposes by means of a cast net. (60) 'Resident' means any citizens citizen of the United States who has been

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domiciled within the State of Georgia for a period of at least three months. For purposes of issuing or procuring the noncommercial hunting and fishing licenses required by this title, residents shall include full-time military personnel on active duty who list Georgia as their home of record in their official military files or who are stationed at a military base located in Georgia and the dependents of such military personnel. (61) 'Retail fish dealer' means any person engaged in the purchasing, raising, propagating, breeding, or other acquiring or possessing of live fish or fish eggs to be sold or furnished to others for use thereby, other than for resale or for aquaria. (62) 'Scientific' means of or relating to a systematic attempt, made at a public or private college, university, secondary school, or primary school, which college, university, or school is accredited by either the Georgia Accrediting Commission, Inc., or the Southern Association of Colleges and Schools; or made in the course of an independent study conducted in affiliation with any of the aforementioned institutions; or made by any chartered association or society organized for the purpose of conveying knowledge to its members; or made by a research facility or a governmental agency, for the purpose of discovering new knowledge through the possession of wild animals or wildlife for the testing of a theory or hypothesis, such theory or hypothesis to be tested according to the accepted procedures of observation, comparison, objective data collection, and analysis. (63) 'Seafood' means marine and estuarine fauna or flora used as food or of a kind suitable for food and specifically includes, but is not limited to, shrimp taken for bait and horseshoe crabs taken for bait. (64) 'Sell' means to dispose of, transfer, or convey or to attempt to dispose of, transfer, or convey by exchange of money or other valuable consideration. This term specifically includes barter and exchange. (65) 'Shedding facility' means a soft-shell crab facility containing a tank or other enclosure in which peelers are or may be kept alive until they shed their shells and become soft-shell crabs and containing such other equipment as may be prescribed by the department. (65.1) 'Shellfish' means common bivalve mollusks which includes all edible species of oysters, clams, mussels, or other bivalves. (65.2) 'Shellfish management area' means a wildlife management area where shellfish are managed by the state or lessees for the propagation of shellfish. (66) 'Shooting preserve' means any area utilized for the purpose of shooting or taking, or shooting and taking, game birds or pen raised game birds. (67) 'Small game' means all game animals and game birds other than big game. (68) 'Soft-shell crab' means a crab which has just emerged from its old shell and has a new soft, pliable shell. (69) 'Soft-shell crab dealer' means any person operating a shedding facility approved by the department. (70) 'State owned oyster or clam beds' means oyster or clam beds in which the right to plant, cultivate, and harvest oysters and clams is vested in the state pursuant to

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Code Sections 44-8-6, 44-8-7, and 44-8-8. (71) 'Taking' means killing, capturing, destroying, catching, or seizing. (71.1) 'Ten-foot net' means a trawl with a cork line not to exceed ten feet from tie-totie between the first and last mesh across the mouth of the net, a lead line not to exceed 13 feet from tie-to-tie between the first and last mesh across the mouth of the net, and leg lines of equal length. No webbing shall extend toward the door beyond the original brail lines which run vertically between the first tie at each end of the cork line and the first tie at each end of the lead line. (72) 'Trapping' means taking, killing, or capturing wildlife with traps. This term also includes all lesser acts such as placing, setting, or staking such traps, whether such acts result in taking or not, and attempting to take and assisting any person in taking or attempting to take wildlife with traps. (72.1) 'Twenty-foot net' means a trawl with a cork line not to exceed 20 feet from tieto-tie between the first and last mesh across the mouth of the net, a lead line not to exceed 25 feet from tie-to-tie between the first and last mesh across the mouth of the net, and leg lines of equal length. No webbing shall extend toward the doors beyond the original brail lines which run vertically between the first tie at each end of the cork line and the first tie at each end of the lead line. (73) 'Waters of this state' means any waters within the territorial limits of this state and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of this state except ponds or lakes not open to the public, whether such ponds or lakes are within the lands of one title or not. (74) 'Wholesale fish dealer' means any person engaged in purchasing, raising, propagating, breeding, or acquiring or possessing live fish or fish eggs to be sold or furnished to others for the purpose of resale, including any person engaged in transporting live fish or fish eggs into this state; provided, however, that any person who holds or sells only 'domestic fish' and is registered pursuant to Code Section 274-255 or any person who holds or sells fish solely for use in aquaria shall not be considered a wholesale fish dealer. (75) 'Wild animal' means any animal which is not wildlife and is not normally a domestic species in this state. This term specifically includes any hybrid or cross between any combination of a wild animal, wildlife, and a domestic animal. Offspring from all subsequent generations of such crosses or hybrids are wild animals. (76) 'Wild animal business' means the importation, transportation, or possession of any wild animal for the purpose of sale or transfer. (77) 'Wildlife' means any vertebrate or invertebrate animal life indigenous to this state or any species introduced or specified by the board and includes fish, except domestic fish produced by aquaculturists registered under Code Section 27-4-255, mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks or any part thereof; except that such term does not include any domestic fish produced by persons registered under Code Section 27-4-255 or any pacific white shrimp produced by or used in aquaculture and lawfully contained on the premises of an aquaculturalist as those terms are defined by Code Section 2-15-2."

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SECTION 2-3. Said title is further amended by striking Code Section 27-2-14, relating to permits for liberation of wildlife or liberation of domestic fish, and inserting in lieu thereof the following:
"27-2-14. It shall be unlawful for any person to liberate any wildlife within this state or to liberate domestic fish or pacific white shrimp produced by aquaculture as defined in Code Section 2-15-2 except into private ponds, except under permit from the department; provided, however, that pen raised quail may be released for purposes of training pointing, flushing, and retrieving dogs."
SECTION 2-4. Said title is further amended by striking Code Section 27-4-75, relating to sale of fish by commercial fish hatcheries, sale of game fish, bill of sale or lading for possession of certain game fish and domestic fish, and sale of diseased fish, and inserting in lieu thereof the following:
"27-4-75. (a) It shall be unlawful to sell any fish from a commercial fish hatchery as defined in Code Section 27-1-2 unless the hatchery is licensed under Code Section 27-2-23 or except as follows:
(1) Fish may be sold as provided in Code Section 27-4-74 or 27-4-76; and (2) Domestic fish as defined in paragraph (23) of Code Section 27-1-2 and that are produced by an aquaculturist a person registered under Code Section 27-4-255. (b) Except as provided in Code Section 27-4-74 and except for persons licensed as wholesale or retail fish dealers as provided in Code Section 27-4-76, it shall be unlawful for anyone other than a commercial fish hatchery licensed under Code Section 27-2-23 to sell any species of game fish. It shall also be unlawful for any person to have in his or her possession any such game fish obtained from a commercial fish hatchery, wholesale fish dealer, or retail fish dealer or domestic fish from an aquaculturist registered under Code Section 27-4-255 without a bona fide bill of sale or lading which provides the date of transaction, identifies the seller, and details at least two of the following three criteria for each species of fish contained therein: number, weight, or average length. (c) It shall also be unlawful to sell fish from a commercial fish hatchery which the department has determined to have diseases or parasites which would be harmful to native fish populations."
SECTION 2-5. Said title is further amended by striking Code Section 27-4-76, relating to licensing of wholesale and retail fish dealers and sale, transportation into state, or possession of live fish and fish eggs, and inserting in lieu thereof the following:
"27-4-76. (a) It shall be unlawful to engage in the business of a wholesale or retail fish dealer, as

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defined in Code Section 27-1-2, without first obtaining an annual license from the department as provided in Code Section 27-2-23. Properly licensed wholesale fish dealers or retail fish dealers may sell game fish obtained from a licensed fish hatchery or domestic fish obtained from a person registered aquaculturist under Code Section 274-255 or as otherwise provided in Code Section 27-4-74. Notwithstanding any other provision to the contrary, a licensed commercial fish hatchery shall not be required to obtain a license as a wholesale fish dealer or a retail fish dealer. (b) Notwithstanding subsection (a) of this Code section, nonresident persons may sell and transport fish and fish eggs into the state without being required to procure a wholesale fish dealer license where the sale and shipment are made to a wholesale fish dealer duly licensed under Code Section 27-2-23. (c) The board may by regulation prohibit or limit the importation, possession, or sale in this state of live fish or fish eggs where the same are found to be harmful to endemic fish populations or where the importation, possession, or sale might introduce or spread disease or parasites. (d) The conservation rangers or other agents or officials of the department shall confiscate any fish imported, purchased, or acquired by any person in violation of this Code section or any regulation promulgated by the board pursuant to this Code section."
PART III SECTION 3-1. (a) This part shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. (b) Part I of this Act shall become effective if and when the decision of the United States Court of Appeals for the Eighth Circuit in the case of Livestock Marketing Association v. United States Department of Agriculture, Nos. 02-2769/2832, slip. op. (8th Cir. July 8, 2003), holding the collection of mandatory assessments to pay for generic advertising of beef and beef products under the federal Beef Promotion and Research Act of 1985, 7 U.S.C. Section 2901, et seq., unconstitutional as a violation of the First Amendment to the Constitution of the United States, is affirmed by the United States Supreme Court; provided, however, that if a petition for writ of certiorari is denied in such case or such petition is granted but the decision of the United States Court of Appeals for the Eighth Circuit is not affirmed prior to July 1, 2006, Part I of this Act shall not become effective and shall stand repealed on July 1, 2006. (c) Part II of this Act shall become effective only upon the effective date of a specific appropriation of funds for purposes of said part of this Act as expressed in a line item of an appropriations Act enacted by the General Assembly.
SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 38, nays 0, and the committee substitute was adopted.

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

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

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

On the passage of the bill, the yeas were 50, nays 0.

HB 1766, having received the requisite constitutional majority, was passed by substitute.

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

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.

Senator Unterman of the 45th asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 418 and that a Conference Committee be appointed.

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The consent was granted, and the President appointed as a Conference Committee the following Senators: Unterman of the 45th, Collins of the 6th and Levetan of the 40th.

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

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.

Senator Smith of the 52nd asked unanimous consent that the Senate adhere to its substitute to HB 1028 and that a Conference Committee be appointed.

The consent was granted, and the President appointed as a Conference Committee the following Senators: Smith of the 52nd, Price of the 56th and Seabaugh of the 28th.

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

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.

Senator Unterman of the 45th moved that the Senate recede from its disagreement to the House amendment to the Senate substitute to HB 1652.

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

E Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch

Harbison Y Harp Y 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

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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
Mullis E Price Y Reed
Seabaugh

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

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate receded from its disagreement to the House amendment to the Senate substitute to HB 1652.

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

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.

Senator Brush of the 24th asked unanimous consent that the Senate adhere to its substitute to HB 1190 and that a Conference Committee be appointed.

The consent was granted, and the President appointed as a Conference Committee the following Senators: Brush of the 24th, Smith of the 52nd and Moody of the 27th.

The Calendar was resumed.

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

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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.
Senate Sponsor: Senator Hamrick of the 30th.
The Senate Higher Education Committee offered the following substitute to HB 1325:
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 revise certain definitions; 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 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

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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 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

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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: (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

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postsecondary education, is amended by striking paragraphs (13), (21), and (22) of Code Section 20-3-519, 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." "(21) 'Quarter hours' includes each quarter hour attempted, whether remedial or for credit toward a degree, but shall not include any quarter hour attempted or completed before graduating from high school or earning a general educational development (GED) diploma. This term shall not be construed to exclude any major of study or courses offered by an eligible postsecondary institution for purposes of HOPE scholarships under this part. (22) 'Semester hours' includes each semester hour attempted, whether remedial or for credit toward a degree, but shall not include any semester hour attempted before graduating from high school or earning a general educational development (GED) diploma. This term shall not be construed to exclude any major of study or courses offered by an eligible postsecondary institution for purposes of HOPE scholarships under this part."
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 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,

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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; (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

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(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 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

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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 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,

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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 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

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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 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

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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 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."

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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, 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

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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 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

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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.
Senators Stokes of the 43rd, Henson of the 41st, Tate of the 38th and Brown of the 26th offered the following amendment # 1:
Amend the Committee substitute (LC 33 0463S) to HB 1325 by striking "45" on line 18 of page 5 and inserting in its place "45 36".
By striking "30" on line 19 of page 5 and inserting in its place "30 24".
By striking "45" on line 24 of page 5 and inserting in its place "45 36".
By striking "30" on line 25 of page 5 and inserting in its place "30 24".
By striking "45" on line 2 of page 6 and inserting in its place "45 72".
By striking "30" on line 3 of page 6 and inserting in its place "30 48".
By striking "90" on line 21 of page 6 and inserting in its place "90 108".
By striking "60" on line 22 of page 6 and inserting in its place "60 72".
By striking "135" on line 3 of page 7 and inserting in its place "135 144".
By striking "90" on line 4 of page 7 and inserting in its place "90 96".
By striking "(1)" from line 13 of page 7.
By striking "45" on line 14 of page 7 and inserting in its place "45 36".

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By striking line 15 of page 7 and inserting in its place the following: "or 30 24 semester hours may attend the next 45 36 quarter or 30 24 semester hours without a".
By striking the words "or semester" on line 17 of page 7 and inserting in lieu thereof "or semester".
By striking lines 18 and 19 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 20 through 27 of page 7.
By striking "45" on line 35 of page 8 and inserting in its place "45 36".
By striking "30" on line 36 of page 8 and inserting in its place "30 24".
By striking "45" on line 5 of page 9 and inserting in its place "45 36".
By striking "30" on line 6 of page 9 and inserting in its place "30 24".
By striking "45" on line 21 of page 9 and inserting in its place "45 72".
By striking "30" on line 22 of page 9 and inserting in its place "30 48".
By striking "90" on line 3 of page 10 and inserting in its place "90 108".
By striking "60" on line 4 of page 10 and inserting in its place "60 72".
By striking "135" on line 25 of page 10 and inserting in its place "135 144".
By striking "90" on line 26 of page 10 and inserting in its place "90 96".
By striking "(1)" from line 1 of page 11.
By striking lines 3 through line 9 of page 11 and inserting in its place the following: "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 who regains a cumulative grade point average of at least 3.0 at end of the 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

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which the student has attempted 135 quarter hours or 90 semester hours may qualify for a HOPE scholarship"

By striking lines 10 through 17 of page 11.

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

E 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
Golden N Hall N Hamrick

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

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

On the adoption of the amendment, the yeas were 20, nays 28, and the Stokes, et al. amendment # 1 was lost.

Senator Meyer von Bremen of the 12th offered the following amendment # 2 to the committee substitute to HB 1325:

By striking lines 3 through and including line 19 of page 14.

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

E Adelman N Balfour Y Blitch N Bowen

Y Harbison N Harp Y Henson N Hill

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

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

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

E Squires Y Starr N Stephens Y Stokes Y Tanksley Y Tate N Thomas,D E 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 28, and the Meyer von Bremen amendment # 2 was lost.

On the adoption of the substitute, the yeas were 34, 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:

E 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

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

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 E Thomas,N N Thomas,R N Thompson Y Tolleson Y Unterman

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N Golden Y Hall Y Hamrick

Y Price N Reed Y Seabaugh

Y Williams N Zamarripa

On the passage of the bill, the yeas were 30, nays 23.

HB 1325, having received the requisite constitutional majority, was passed by substitute.

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.

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:

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
Hamrick

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

Y Seay Y Shafer Y Smith,F Y Smith,P E Squires Y Starr Y Stephens Y Stokes Y 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 48, nays 0.

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HB 609, having received the requisite constitutional majority, was passed.

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.

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

Y Harbison Y Harp Y Henson
Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee 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 E 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 49, nays 1.

HB 1456, having received the requisite constitutional majority, was passed.

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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.

Senate Sponsor: Senator Smith of the 25th.

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

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

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown 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
Levetan Y Me V Bremen Y Moody Y Mullis
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 passage of the bill, the yeas were 50, nays 0.

HB 1174, having received the requisite constitutional majority, was passed.

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

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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 House amendment was as follows:

Amend Senate floor amendment # 1 to HB 1632 (AM 29 0277) by striking lines 2 through 20 of page 1.

Senator Tanksley of the 32nd moved that the Senate agree to the House amendment to Senate amendment # 1 to HB 1632.

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
Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis
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 N Mullis
Price Y Reed
Seabaugh

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

On the motion, the yeas were 44, nays 3; the motion prevailed, and the Senate agreed to the House amendment to Senate amendment # 1 to HB 1632 .

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The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has agreed to the Senate substitute to the following Bill 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.

Mr. President:

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

SB 148. By Senators Squires of the 5th and Clay of the 37th:

A BILL to be entitled an Act to amend Part 6 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to deprivation, so as to change and reorganize provisions relating to allegedly deprived children; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Calendar was resumed.

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.

Senate Sponsor: Senator Hill of the 4th.

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The Senate Appropriations Committee offered the following substitute to HB 1751:
A BILL TO BE ENTITLED AN ACT
To amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, so as to provide for the circumstances under which the Board of Community Health may contract for the coverage of employees of governmental entities; 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. The General Assembly finds that federally qualified health centers, as defined in Section 1395x(aa)(4) of Title 42 of the United States Code Annotated, promote and preserve the provision of primary care to the residents of Georgia, particularly residents in rural areas of Georgia. Steps must be taken to promote the continued existence of the federally qualified health centers in order to promote the availability of primary health care to Georgias rural citizens.
SECTION 2. The General Assembly further finds that the state employees health insurance plan is a governmental plan exempt from the regulatory requirements of the Employee Retirement Income Security Act of 1974 and declares that it is the public policy of the State of Georgia that the Board of Community Health take all steps necessary and proper to ensure that said exemption is retained by the state.
SECTION 3. Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, is amended by striking Code Section 45-187.7, relating to employees and dependents of critical access hospitals in health plans, in its entirety and inserting in lieu thereof the following:
"45-18-7.7. (a) The board is authorized to contract with any public or nonprofit critical access hospital that meets such requirements as the department may establish for the inclusion of the employees and dependents of such critical access hospitals in any health plan established under this article. It shall be the duty of such critical access hospital to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees as may be required under the boards regulations. In addition, it shall be the duty of such critical access hospital to make the employer contributions required for the operation of such plan. (b) The board is authorized to contract with any federally qualified health center, as

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defined in Section 1395x(aa)(4) of Title 42 of the United States Code Annotated, that meets such requirements as the department may establish for the inclusion of the employees and dependents of such federally qualified health centers in any health plan established under this article. It shall be the duty of the federally qualified health center to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees as may be required under the boards regulations. In addition, it shall be the duty of such federally qualified health center to make the employer contributions required by the board for the operation of such plan. The department shall make a determination, no later than January 1, 2005, as to whether a federally qualified health center is an agency or instrumentality of the State of Georgia. In the event that the department determines that such centers are agencies or instrumentalities of the State of Georgia, then all employees and dependents of such centers shall be eligible for inclusion in the state employees health insurance plan. (c) The authority granted to the board pursuant to Code Sections 45-18-5.1, 45-18-5.2, 45-18-7.1, 45-18-7.2, 45-18-7.3, 45-18-7.5, and 45-18-7.6, by this Code section, or by any other provision of this article may be exercised only upon a determination by the department that the employer is an agency or instrumentality of the State of Georgia or upon the departments receipt of an advisory opinion by the United States Department of Labor that the inclusion of such employer would not result in a determination that the state employees health insurance plan is subject to regulation as a nongovernmental plan; provided, however, that such restriction shall not apply to contracts entered into prior to July 1, 2003."
SECTION 4. This Act shall become effective on July 1, 2004.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Henson of the 41st offered the following amendment:
Amend the Senate Appropriations Committee substitute to HB 1751 by inserting on line 4 of page 1, following the word and symbol "entities;", the following:
"to provide that the Board of Community Health is authorized to contract with the community service boards for the inclusion in such plan of any person who retires as an employee of a community service board with at least ten years of actual service and after attaining the age of 60 years, or after 30 years of actual service to a community service board regardless of age; to provide for employer and employee contributions;"
By inserting immediately following line 33 of page 2 the following: "Said article is further amended by inserting immediately following Code Section 4518-7.7 a new Code section to read as follows:

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'45-18-7.8. The board is authorized to contract for the continuation of coverage in any health insurance plan established under this article for their employees and their eligible dependents with the community service boards created by Chapter 2 of Title 37 for the inclusion of employees who retire on or after July 1, 2003, with at least ten years of actual service to a community service board after having attained the age of 60 years, or after 30 years of actual service to a community service board regardless of age, and the spouses and dependent children of such employees, as defined by the regulations of the board, in any health insurance plan or plans established under this article. It shall be the duty of each community service board to collect such payment from its qualified retired employees or dependents as may be required under the boards regulations. In addition, it shall be the duty of each community service board to make the employer contributions required for the operation of such plan or plans; provided, however, that each community service board shall be liable for the entire amount due without regard to whether it has received the employees share.'

SECTION 5."

On the adoption of the amendment, the yeas were 42, nays 1, and the Henson 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 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 E Squires Y Starr Y Stephens
Stokes Tanksley Y Tate Y Thomas,D E Thomas,N Thomas,R Y Thompson

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Y Fort Y Gillis Y Golden Y Hall
Hamrick

Y Moody Y Mullis Y Price
Reed Y Seabaugh

Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

HB 1751, having received the requisite constitutional majority, was passed by substitute.

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.

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 muncipal 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.

Senate Sponsor: Senator Seabaugh of the 28th.

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

Amend HB 1565 by striking "To amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to the disposition of municipal property generally, so as" from lines 1 and 2 of page 1 and inserting in their place the following:
"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, and limitations; to provide for applicability of certain definitions regarding municipal corporations; to provide for legislative intent;"

By striking lines 9, 10, and 11 of page 1 and inserting in their place the following:

"SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking Code Section 36-30-1, relating to definitions regarding municipal corporations, and inserting in its place a new Code Section 36-30-1 to read as follows:

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'36-30-1. (a) As used in this Code section, the term "village" shall not mean any village created on or after July 1,2004, pursuant to Article 2 of Chapter 31 of this title. (b) Wherever the words "city," "town," "municipality," or "village" appear in the statutory laws of this state, such words shall be construed as synonymous, and the General Assembly so declares this to be its intention in the use of these words; such words shall be held to mean a municipal corporation as defined by statutory law and judicial interpretation.'
SECTION 2. Said title is further amended by striking subsection (a) of Code Section 36-31-2, relating to minimum distance between proposed corporate boundaries, and inserting in its place a new subsection (a) to read as follows:
'(a) No local Act granting a municipal charter shall be enacted wherein any part of the proposed corporate boundary is less than three miles distance from the corporate boundary of any existing municipal corporation in this state; provided, however, that, if the residents of a certain geographical area within three miles of an existing municipal corporation have been denied annexation to the municipal corporation by the people of the municipal corporation, the residents of such geographical area shall be entitled to incorporate a new municipal corporation at any time within 12 months after such denial, and a local Act granting a municipal charter may be enacted; provided, further, that the population of the area proposed to be incorporated must exceed the population of the existing municipal corporation, and a certificate from the governing authority of the existing municipal corporation or from the judge of the superior court of the county, evidencing the denial of annexation and the population figures, must accompany the certificate of incorporation required by this chapter article.'
SECTION 3. Said title is further amended by striking Code Section 36-31-5, relating to minimum standards certificates, and inserting in its place a new Code Section 36-31-5 to read as follows:
'36-31-5. Every local law granting an original municipal charter shall have attached thereto a certificate by the author of the bill stating that the minimum standards required by this chapter exist as to the area embraced. Existence of the standards may be determined, as to population, by estimate based on the number of dwellings in the area multiplied by the average family size in the area, as determined by the last preceding federal census or by other reliable evidence acceptable to the author. As to development of the area, existence of the standards may be determined by estimate based on actual survey, county maps or records, aerial photographs, or some other reliable map acceptable to the author. The certificate shall be a permanent part of the charter and shall constitute conclusive evidence of the existence of the standards required by this chapter article.'

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SECTION 4. Said title is further amended in Chapter 31, relating to incorporation of municipal corporations, by designating Code Section 36-31-1 through 36-31-5 as Article 1 thereof, and by adding a new article immediately following Article 1, to be designated Article 2, to read as follows:
'ARTICLE 2
36-31-20. As used in this article, the term "owner" shall not include in his or her capacity as such any mortgagee, any lien holder, any person having an equitable interest under any contract for the sale or lease of property within the proposed municipal corporation, or any lessee or tenant.
36-31-21. The General Assembly finds and declares that:
(1) Healthy, growing municipal corporations are vital to the economy and well-being of the State of Georgia; (2) Municipal corporations provide important services such as police, fire, water, sewer, parks and open space, development planning, and vibrant downtowns and commercial nodes that define the local quality of life; (3) Municipal corporations are the form of government closest and most accessible to the people and many people desire to be part of a municipal corporation so that they can more adequately participate in the governance of their community; and (4) The formation of municipal corporations should be encouraged to respond to the pressures of growth, demand for services, and desire for self-governance and selfdetermination by providing for alternative classes of municipal corporations.
36-31-22. (a) Notwithstanding any provision of Article 1 of this chapter to the contrary, the General Assembly may incorporate villages by local Act in accordance with this Code section without the necessity of the proposed incorporation meeting the requirements of Article 1 of this chapter. Any such municipal corporation shall be known as the "Village of _________."
(b)(1) In order to be incorporated as a village under this Code section, a proposed village must be of at least 1,000 contiguous acres in size and must have a comprehensive master plan for the development of such village which provides for both present and future residential, commercial, industrial, institutional, and governmental development. Included with such master plan shall be covenants and deed restrictions as necessary to ensure the development of the village in accordance with such comprehensive master plan. In addition, at least 30 percent of the land area within the proposed corporate boundaries of the municipality shall be dedicated as greenspace as defined in paragraph (3) of Code Section 36-22-2, as amended. (2) The village charter shall identify one or more individuals who shall serve as the

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initial governing authority of the village. Such individuals shall be owners of property within the proposed municipality but need not reside there. (3) A village which is incorporated pursuant to this Code section shall have all powers of a municipality incorporated as a municipal corporation except that no village shall:
(A) Be considered a qualified municipality under Code Section 48-8-80; or (B) Activate or establish any authority, agency, or district under Chapter 42, 43, 44, 61, 63, or 64 of this title. (4) A village which is incorporated pursuant to this Code section shall adopt and enforce ordinances which meet or exceed the development standards of the county with respect to trees, landscape or stream buffers, the construction of roads and streets, the construction of water and sewerage infrastructure, and the regulation of land-disturbing activity as defined in paragraph (a) of Code Section 12-7-3, as amended. (5) Notwithstanding any provision of Code Section 36-70-28 to the contrary, any village incorporated pursuant to this Code section shall be subject to the service delivery strategy in place at the time of incorporation. In the event that the village otherwise meets the requirements of an affected municipality at the time of a subsequent negotiation of the service delivery strategy pursuant to the provisions of Article 2 of Chapter 70 of Title 36, such village shall be entitled to participation in the approval process of such strategy. (6) In the event that part or all of the geographic area of the village incorporated pursuant to this Code section comprises part or all of a special service district or special tax district of a county, such geographic area shall remain subject to the special service district or special tax district unless otherwise agreed by the governing authority of the county and the governing authority of the village. (c) After three years of meeting the standards set forth in Code Sections 36-31-3 and 36-31-4, a village incorporated under this Code section may be issued a new charter as a municipal corporation within the meaning of Article 1 of this chapter without regard to the requirements of Article 1 of this chapter. (d) Every local Act granting an original charter to a village pursuant to this Code section shall have attached thereto a certificate by the author of the bill that the requirements of this Code section have been met and such certificate shall be a permanent part of the charter and shall constitute conclusive evidence that such requirements have been met.'
SECTION 5. Said title is further amended in Code Section 36-37-6, relating to the disposition of municipal property generally, by inserting at the end thereof the following:"
By striking "SECTION 2" and inserting in its place "SECTION 6" on line 1 of page 3.
Senator Bulloch of the 11th offered the following amendment # A to the Senate committee amendment (AM 18 1165) to HB 1565:

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Amend the Senate committee amendment to HB 1565 by inserting on line 16 of page 3 after the word "may" the following:

", subject to approval of the county governing authority of the county wherein the village is to be created,"

Senators Seabaugh of the 28th and Unterman of the 45th offered the following amendment # B:

Amend the Senate State and Local Governmental Operations Committee amendment to HB 1565 (AM 18 1165), by inserting between "plan." and "In" on line 26 of page 3 the following:
"Unless sewer service is already provided within the proposed corporate limits of the village, the master plan shall also ensure that the proposed village provides, directly or by contract, sewer service to residences and businesses located within the corporate limits of the village with two years of incorporation."

Senator Seabaugh of the 28th moved the defeat of the committee amendment.

On the adoption of the amendment, the yeas were 0, nays 41, and the committee amendment lost.

Pursuant to the defeat of the committee amendment, floor amendments # A and # B were moot.

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

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

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

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

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

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Y Dean N Fort Y Gillis Y Golden Y Hall
Hamrick

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

N Thompson N Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 37, nays 12.

HB 1565, having received the requisite constitutional majority, was passed.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

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

SB 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.

The House has agreed to the Senate amendment, as amended by the House, to the following Bill of the House:

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.

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The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House:
HB 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.

Mr. President:
The House has adopted by the requisite constitutional majority the following Resolution of the Senate:
SR 1101. By Senators Johnson of the 1st, Meyer von Bremen of the 12th and Stephens of the 51st:
A RESOLUTION relative to adjournment; and for other purposes.

Mr. President:

The House has agreed to the Senate amendment, as amended by the House, to the following Bill of the House:

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.

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

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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 adopted the report of the Committee of Conference on the following Bill of the Senate:

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 agreed to the Senate substitute, as amended by the House, to the following Bill of the House:

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.

Senator Johnson of the 1st asked unanimous consent that Senator Williams of the 19th be excused. The consent was granted, and Senator Williams was excused.

The Calendar was resumed.

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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.
Senate Sponsor: Senator Thomas of the 54th.
The Senate Health and Human Services Committee offered the following substitute to HB 1709:
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 and a pneumococcal bacteria vaccine to all medicare eligible and private pay patients over 65 years of age in their facilities; 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 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by striking subsection (a) of Code Section 31-7-2.1, relating to rules and regulations, availability of reports of cited deficiencies, and disclosure of survey worksheets and documents, and inserting in its place the following:
"(a) The department shall adopt and promulgate such reasonable rules and regulations which in its judgment are necessary to protect the health and lives of patients and shall prescribe and set out the kind and quality of building, equipment, facilities, and institutional services which institutions shall have and use in order to properly care for their patients. Such rules and regulations shall require that all nursing homes annually offer unless contraindicated, contingent on availability, an influenza virus vaccine to all medicare and Medicaid eligible patients and private pay patients in their facilities, in accordance with the rules and regulations established pursuant to this subsection. Such rules and regulations shall also require that all nursing homes annually offer unless contraindicated, contingent on availability, a pneumococcal bacteria vaccine to all medicare eligible patients and all private pay patients, 65 years of age or older, in their

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facilities, in accordance with the rules and regulations established pursuant to this subsection."

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

On the adoption of the substitute, the yeas were 32, nays 0, and the committee substitute was adopted.

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

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

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

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

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

On the passage of the bill, the yeas were 45, nays 0.

HB 1709, having received the requisite constitutional majority, was passed by substitute.

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

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notification of impending expiration of covenants regarding such property; 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 E Cheeks Y Clay
Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Harbison Y Harp
Henson E 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
Price Reed Y Seabaugh

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

On the passage of the bill, the yeas were 43, nays 0.

HB 1103, having received the requisite constitutional majority, was passed.

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

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completion of a course in safety training every two years; and for other purposes.
Senate Sponsor: Senator Lee of the 29th.
The Senate Regulated Industries and Utilities Committee offered the following substitute to HB 1300:
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 prohibit persons from contracting with any other person to perform utility contracting work unless such other person is properly licensed; to redefine the terms "utility contracting" and "utility system"; to provide that persons holding valid licenses from the State Construction Industry Licensing Board or its divisions shall be able to perform any work within the scope of their licenses; to repeal the certain requirements concerning bids; 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; to provide for proof of violations of licensing requirements for utility contractors; to provide for cease and desist orders; to provide for fines for violations of such orders; to provide that the issuance of such orders shall not prevent the board from seeking other remedies; to provide for civil penalties for violation of the chapter; 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 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, is amended by striking paragraphs (13) and (17) of Code Section 43-14-2, relating to definitions, and inserting in lieu thereof new paragraphs (13) and (17) to read as follows:
"(13) 'Utility contracting' means undertaking to construct, erect, alter, or repair or have constructed, erected, altered, or repaired any utility system in which the cost of the utility system work exceeds $100,000.00." "(17) 'Utility system' means:
(A) any Any system at least five feet underground, when installed or accessed by trenching, open cut, cut and cover, or other similar construction methods which install or access the system from the ground surface, including, but not limited to, gas distribution systems, electrical distribution systems, communication systems,

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water supply systems, and sanitary sewerage and drainage systems,; and (B) reservoirs Reserviors and filtration plants, water and waste-water treatment plants, leachate collection and treatment systems associated with landfills, and pump stations, when the system distributes or collects a service, product, or commodity for which a fee or price is paid for said service, product, or commodity or for the disposal of said service, product, or commodity."
SECTION 2. Said chapter is further amended by adding a new paragraph (4.1) to Code Section 43-145, relating to general powers of the State Construction Industry Licensing Board, to read as follows:
"(4.1) Upon notice and hearing authorized and conducted in accordance with Code Section 43-14-10 and any rules and regulations promulgated by the board, either by the board directly or through a valid delegation of the boards enforcement power to a division thereof, assess civil penalties in an amount up to $10,000.00 per violation against any person found to be in violation of any requirement of this chapter;".
SECTION 3. Said chapter is further amended by striking subsections (b) and (h) of Code Section 4314-8.2, relating to utility contractor licenses and utility managers, and inserting in lieu thereof new subsections (b) and (h) to read as follows:
"(b)(1) After June 30, 1994, no sole proprietorship, partnership, or corporation shall have the right to engage in the business of utility contracting unless such business holds a utility contractor license and there is regularly connected with such business a person or persons who holds a valid utility manager certificate issued under this chapter. Such utility manager must be actually engaged in the performance of such business on a full-time basis and oversee the utility contracting work of all employees of the business. In cases where a sole proprietorship, partnership, or corporation has more than one permanent office, then each permanent office shall be registered with the division and at least one person who holds a valid utility manager certificate issued under this chapter shall be stationed in each office on a full-time basis and shall oversee the utility contracting work of all employees of that office. (2) The requirements of this Code section shall not prevent any person holding a valid license issued by the State Construction Industry Licensing Board, or any division thereof, pursuant to this chapter, from performing any work defined in the Code section or sections under the license held by said person was issued." "(h) After June 30, 1994, it shall be unlawful for any contracting body to open or consider any bid for utility contracting unless the bidder has obtained the license required by this Code section or intends to have the utility contracting work performed by another person who has obtained such license. The utility contractor license number of the person who will perform the utility work shall be written on the face of the bid envelope, unless otherwise provided. If 50 percent or more of any multifaceted project

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being bid is utility work, the bidder must have obtained a utility license and his or her number must be written on the face of the bid. It shall be unlawful for any person to contract with any other person for the performance of utility contracting work who is known by such person not to have a current, valid license as a utility contractor pursuant to this chapter."
SECTION 4. Said chapter is further amended by striking subsection (b) of Code Section 43-14-8.3, relating to utility manager certificates, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The division shall certify all applicants for certification under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chapter. Persons wishing to qualify for utility manager certification shall submit a completed application form documenting required experience and other qualifications as prescribed by the board with the required fees and shall pass an examination. In order to obtain a utility manager certificate, an applicant must submit proof of completion of a course of safety training in utility contracting approved by the division. In order to continue to hold such certificate, the certificate holder must present proof to the division of completion of a safety training course approved by the division at least every two years from the date of the completion of the initial safety training course."
SECTION 5. Said chapter is further amended by striking subsection (b) of Code Section 43-14-8.4, relating to utility foreman certificates, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The division shall certify all applicants for certification under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chapter. One requirement for such certification shall be the successful completion of a course of safety training in utility contracting approved by the division. In order to continue to hold such certificate, the certificate holder must submit proof to the division of completion of a safety training course approved by the division at least every two years from the date of the completion of the initial safety training course. In lieu of safety training any person desiring to be issued a utility foreman certificate may submit a completed application on or before December 31, 1994, which documents to the satisfaction of the division at least two years of experience as a utility foreman during the period between January 1, 1984, and June 30, 1994. Any person who does not submit a completed application for certification on or before December 31, 1994, must complete the required safety training in order to be certified."
SECTION 6. Said chapter is further amended by adding a new Code Section 43-14-12.2 to read as follows:

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"43-14-12.2. (a) If a person is in violation of Code Section 43-14-8.2, 43-14-8.3, or 43-14-8.4, it shall not be necessary for an investigator to observe or witness the unlicensed person engaged illegally in the process of work or to show work in progress or work completed in order to prove the unlawful practice of utility contracting by an unlicensed person. (b) It shall be prima-facie evidence of a violation of this chapter if any person not licensed as a utility contractor advertises that such person is in the business or profession of a utility contractor or advertises in a manner such that the general public would believe that such person is a licensed utility contractor or in the business or profession of a utility contractor. Advertising under this subsection includes, but is not limited to, newspaper, television, or radio advertisements, telephone directory listings, mailings, business cards, or a sign or signs at a place of business or attached to a vehicle. (c) Notwithstanding the provisions of Code Section 43-1-20.1, after notice and hearing, the board may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the business or profession of a utility contractor without a license as required under this chapter or by constructing, erecting, altering, or repairing a utility system without a properly certified utility manager or properly certified utility foreman present at such job site. (d) The violation of any cease and desist order of the board issued under subsection (c) of this Code section shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $5,000.00 for each violation thereof. Each day that a person practices in violation of this Code section and chapter or constructs, erects, alters, or repairs a utility system without a properly certified utility manager or properly certified utility foreman present at such job site shall constitute a separate violation. (e) Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section."
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 substitute, the yeas were 36, nays 0, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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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 Y Hall Y Hamrick

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

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

On the passage of the bill, the yeas were 45, nays 0.

HB 1300, having received the requisite constitutional majority, was passed by substitute.

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.
Senate Sponsor: Senator Tolleson of the 18th.

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

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requirements for eligibility for certification as a land surveyor-in-training and for a certificate of registration as land surveyor; and for other purposes.
Senate Sponsor: Senator Kemp of the 46th.
Senator Johnson of the 1st asked unanimous consent to drop HB 1177 and HB 986 to the bottom of today's Senate Rules Calendar.
The consent was granted and HB 1177 and HB 986 were placed at the foot of the Rules Calendar.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:

SB 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.

Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:

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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.

Mr. President:

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

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.

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

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.

The House substitute was as follows:

A BILL TO BE ENTITLED AN ACT

To amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated,

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relating to criminal trespass and damage to property, and Code Section 42-8-35, relating to terms and conditions of probation, so as to provide for utilization of electronic monitoring devices for probation and an offense related to interfering with such device; to provide for legislative findings; to create a new offense for interfering with electronic monitoring devices; to provide the court with additional punishment tools for the criminal offenses against a victim who is a minor; to provide for fees related to monitoring; to provide for penalties; to provide a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds that the safety of the public is a paramount concern and that prison and jail overcrowding and the high cost of incarceration demand a cost effective and innovative approach to protecting communities from dangerous offenders while at the same time providing alternatives to, or bridges to and from incarceration. Under appropriate conditions and limitations, electronic monitoring devices provide the criminal justice system with a tool that should be considered under proper circumstances. Electronic monitoring devices offer effective means to track individuals and may reduce criminal recidivism as well as provide the state with monetary savings since the cost of an electronic monitoring device is far less than the cost of incarcerating an individual and an individual may be able to pay for the device. The criminal penalties provided by this Act are designed to encourage the use of electronic monitoring devices while at the same time discourage interference with these devices.
SECTION 2. Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, is amended by adding a new Code Section 167-29, to read as follows:
"16-7-29. (a) It shall be unlawful for any person to knowingly and without authority remove, destroy, or circumvent the operation of an electronic monitoring device which is being used for the purpose of monitoring a person who is: (1) Complying with a home arrest program as set forth in Code Section 42-1-8; (2) Wearing an electronic monitoring device as a condition of bond or pretrial release; (3) Wearing an electronic monitoring device as a condition of probation; or (4) Wearing an electronic monitor as a condition of parole. (b) It shall be unlawful for any person to knowingly and without authority request or solicit any other person to remove, destroy, or circumvent the operation of an electronic monitoring device which is being used for the purposes described in subsection (a) of this Code section. (c) For purposes of this Code section, the term 'electronic monitoring device' shall include any device that is utilized to track the location of a person.

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(d) Any person who violates this Code section shall be guilty of the offense of tampering with the operation of an electronic monitoring device and shall be punished by imprisonment for not less than one nor more than 5 years."
SECTION 3. Code Section 42-8-35 of the Official Code of Georgia Annotated, relating to terms and conditions of probation, is amended by striking the Code section and inserting in lieu thereof the following:
"42-8-35. (a) The court shall determine the terms and conditions of probation and may provide that the probationer shall:
(1) Avoid injurious and vicious habits; (2) Avoid persons or places of disreputable or harmful character; (3) Report to the probation supervisor as directed; (4) Permit the supervisor to visit him the probationer at his the probationers home or elsewhere; (5) Work faithfully at suitable employment insofar as may be possible; (6) Remain within a specified location; (7) Make reparation or restitution to any aggrieved person for the damage or loss caused by his the probationers offense, in an amount to be determined by the court. Unless otherwise provided by law, no reparation or restitution to any aggrieved person for the damage or loss caused by his the probationers offense shall be made if the amount is in dispute unless the same has been adjudicated; (8) Make reparation or restitution as reimbursement to a municipality or county for the payment for medical care furnished the person while incarcerated pursuant to the provisions of Article 3 of Chapter 4 of this title. No reparation or restitution to a local governmental unit for the provision of medical care shall be made if the amount is in dispute unless the same has been adjudicated; (9) Repay the costs incurred by any municipality or county for wrongful actions by an inmate covered under the provisions of paragraph (1) of subsection (a) of Code Section 42-4-71; (10) Support his the probationers legal dependents to the best of his the probationers ability; (11) Violate no local, state, or federal laws and be of general good behavior; and (12) If permitted to move or travel to another state, agree to waive extradition from any jurisdiction where he the probationer may be found and not contest any effort by any jurisdiction to return him the probationer to this state. (b) In determining the terms and conditions of probation for a probationer who has been convicted of a criminal offense against a victim who is a minor as that phrase is defined in subparagraph (a)(4)(B) of Code Section 42-1-12, the court may provide that the probationer shall be: (1) Prohibited from entering or remaining present at a victims school, place of employment, place of residence, or other specified place at times when a victim is

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present or from entering or remaining present in areas where minors congregate, child care facilities, or schools as those terms are defined in subsection (a) of Code Section 42-1-13; (2) Required to wear a device capable of tracking the location of the probationer by means including electronic surveillance or global positioning systems. Unless the probationer is indigent, the department shall assess and collect fees from the probationer for such monitoring at levels set by regulation by the department; and (3) Prohibited from seeking election to a Local Board of Education."

SECTION 4. This Act shall become effective on January 1, 2005.

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

Senator Dean of the 31st moved that the Senate agree to the House substitute to SB 469.

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

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

Y Seay Y Shafer
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
Unterman Y Williams Y Zamarripa

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 469.

The Calendar was resumed.

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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.
Senate Sponsor: Senator Cagle of the 49th.
Senator Cagle of the 49th offered the following amendment # 1 to HB 1416:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to provide for additional circumstances where a covenant may be renewed or reentered where certain qualifying uses have been discontinued and the propertys primary use is maintenance of a wildlife habitat; to provide for conditions and limitations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, is amended by adding a new paragraph immediately following paragraph (2) of subsection (a), to be designated paragraph (2.1), to read as follows:
"(2.1) Notwithstanding any other provision of this Code section to the contrary, in the case of property which otherwise meets the requirements for current use assessment and the qualifying use is pursuant to division (1)(E)(iii) of this subsection, when the owner seeks to renew the covenant or reenter a covenant subsequent to the termination of a previous covenant which met such requirements and the owner meets the qualifications under this Code section but the property is no longer being used for the qualified use for which the previous covenant was entered pursuant to division (1)(E)(iii) of this subsection, the property is not environmentally sensitive property within the meaning of paragraph (2) of this subsection, and the primary use of the property is maintenance of a wildlife habitat of not less than ten acres either by maintaining the property in its natural condition or under management, the county board of tax assessors shall be required to accept such use as a qualifying use for

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purposes of this Code section." SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the amendment, the yeas were 34, nays 4, and the Cagle amendment # 1 was adopted.

Senator Cagle of the 49th offered the following amendment # 2:

Amend HB 1416 by striking lines 9 and 10 of page 3 and inserting in lieu thereof the following:
"production of fish or wildlife by maintaining not less than ten acres of wildlife habitat either in its natural state or under management, which shall be deemed a type of agriculture; provided, however, that no form of commercial fishing or fish production shall be considered a type of agriculture;"

On the adoption of the amendment, the yeas were 33, nays 4, and the Cagle 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:

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

Harbison Y Harp Y Henson E 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 E Thomas,N Y Thomas,R Y Thompson Y Tolleson
Unterman Y Williams Y Zamarripa

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On the passage of the bill, the yeas were 47, nays 0.
HB 1416, having received the requisite constitutional majority, was passed as amended.
Senator Johnson of the 1st asked unanimous consent that the following bill be dropped to the foot of today's Senate Rules Calendar.
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.
Senate Sponsor: Senator Tolleson of the 18th.
The consent was granted, and HB 1243 was dropped to the foot of today's Senate Rules Calendar.

Senator Johnson of the 1st asked unanimous consent that the following bills be placed on the Table.

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.
Senate Sponsor: Senator Squires of the 5th.

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

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the authority to expunge or delete such infraction from the disciplinary record of any licensee; and for other purposes.
Senate Sponsor: Senator Smith of the 52nd.
The consent was granted, and HB 1431 and HB 1512 were placed on the Table.
The Calendar was resumed.
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.
Senate Sponsor: Senator Henson of the 41st.
The Senate Judiciary Committee offered the following substitute to HB 1158:
A BILL TO BE ENTITLED AN ACT
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; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as probation condition, is amended in Code Section 42-8-112, relating to proof of compliance required for reinstatement of certain drivers licenses and for obtaining probationary license and reporting requirements, by inserting a new subsection (d) to read as follows:
"(d)(1) If a person required to report to an ignition interlock provider as required by subsection (c) of this Code section fails to report to the provider as required or receives an unsatisfactory report from the provider at any time during the six-month period, the Department of Motor Vehicle Safety shall revoke such persons ignition interlock device limited driving permit immediately upon notification from the provider of the failure to report or failure to receive a satisfactory report. Except as

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provided in paragraph (2) of this subsection, within 30 days after such revocation, the person may make a written request for a hearing and remit to the department a payment of $250.00 for the cost of the hearing. Within 30 days after receiving a written request for a hearing and a payment of $250.00, the Department of Motor Vehicle Safety shall hold a hearing as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded. (2) Any person whose ignition interlock device limited driving permit was revoked on or before July 1, 2004, for failure to report or failure to receive a satisfactory report may make a written request for a hearing and remit to the department a payment of $250.00 for the cost of the hearing. Within 30 days after receiving a written request for a hearing and a payment of $250.00, the Department of Motor Vehicle Safety shall hold a hearing as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded. (3) If the hearing officer determines that the person failed to report to the ignition interlock provider for any of the reasons specified below, the Department of Motor Vehicle Safety shall issue a new ignition interlock device limited driving permit that shall be valid for a period of six months to such person. Such reasons shall be for providential cause and include, but not be limited to, the following:
(A) Medical necessity, as evidenced by a written statement from a medical doctor; (B) The person was incarcerated; (C) The person was required to be on the job at his or her place of employment, with proof that the person would be terminated if he or she was not at work; or (D) The vehicle with the installed interlock device was rendered inoperable by reason of collision, fire, or a major mechanical failure. (4) If the hearing officer determines that the person failed to report to the ignition interlock provider for any reason other than those specified in paragraph (3) of this subsection, or if the person received an unsatisfactory report from the provider, after the expiration of 120 days the person may apply to the department and the department shall issue a new ignition interlock device limited driving permit to such person. (5) This subsection shall not apply to any person convicted of violating Code Section 42-8-118."
SECTION 2. Said article is further amended in Code Section 42-8-117, relating to revocation of driving privilege upon violation of probation imposed by Code Section 42-8-111, by redesignating subsection (a) of said Code section as paragraph (1) of subsection (a) and by adding a new paragraph (2) to read as follows:
"(2) This subsection shall not apply to any person whose limited driving permit has been revoked under subsection (d) of Code Section 42-8-112."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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On the adoption of the substitute, the yeas were 33, nays 0, and the committee substitute was adopted.

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

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

Y Adelman Y Balfour
Blitch Y Bowen Y 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
Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price
Reed Y Seabaugh

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

HB 1158, having received the requisite constitutional majority, was passed by substitute.

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.

Senate Sponsor: Senator Henson of the 41st.

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Senators Henson of the 41st and Bulloch of the 11th offered the following amendment:

Amend HB 1162 by adding after line 20 of page 3 the following: "(c) A judicial officer, probation officer, law enforcement officer, or other officer or employee of a court or any person employed by a private company which has contracted to provide private probation services for misdemeanor cases, or any employee of the Department of Motor Vehicle Safety or the Department of Human Resources, and any immediate family member thereof shall be prohibited from owning, operating, being employed by or acting as an agent or servant for, or having a financial interest in any provider center."

On the adoption of the amendment, the yeas were 34, nays 0, and the Henson, 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
Blitch Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Hall Y Hamrick

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

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

On the passage of the bill, the yeas were 46, nays 0.

HB 1162, having received the requisite constitutional majority, was passed as amended.

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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.
Senate Sponsor: Senator Cagle of the 49th.
Senator Smith of the 52nd offered the following amendment:
Amend HB 1446 by striking lines 1 through 5 of page 1 and inserting in their place "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 the disabled veterans homestead exemption; to provide for ad valorem tax exemption for certain motor vehicles owned or leased by certain veterans organizations; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes."
By striking lines 8, 9, and 10 of page 1 and inserting in its place "Chapter 5 of Title 8 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended in Code Section 48-5-48, relating to the disabled veterans homestead exemption, by striking".
By inserting immediately following line 34 of page 2 the following:
"SECTION 1A. Said chapter is further amended by adding a new Code section immediately following Code Section 48-5-478.2, to be designated Code Section 48-5-478.3, to read as follows:
'48-5-478.3. (a) As used in this Code section, the term "veterans organization" means any organization or association chartered by the Congress of the United States which is exempt from federal income taxes but only if such organization is a post or organization of past or present members of the armed forces of the United States organized in the State of Georgia with at least 75 percent of the members of which are past or present members of the armed forces of the United States, and where no part of the net earnings of which inures to the benefit of any private shareholder or individual. (b) A single motor vehicle owned by or leased to a veterans organization is hereby exempted from all ad valorem taxes for state, county, municipal, and school purposes.'
SECTION 1B. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become

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effective July 1, 2004. (b) Section 1A of this Act shall become effective on January 1, 2005, and shall be applicable to all taxable years beginning on or after that date."

On the adoption of the amendment, the yeas were 33, nays 0, and the Smith of the 52nd 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
Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

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

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

HB 1446, having received the requisite constitutional majority, was passed as amended.

Senator Johnson of the 1st asked unanimous consent that the following bill be dropped to the foot of today's Senate Rules Calendar:

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

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an exception to the prohibition against sales to a county school board by a member; and for other purposes.
Senate Sponsor: Senator Seabaugh of the 28th.
The consent was granted, and HB 79 was dropped to the foot of today's Senate Rules Calendar.
Senator Johnson of the 1st asked unanimous consent that the following bill be placed on the Table.
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.
Senate Sponsor: Senator Unterman of the 45th.
The consent was granted, and HB 1414 was placed on the Table.
The Calendar was resumed.
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.
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:

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

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

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

On the passage of the bill, the yeas were 50, nays 0.

HB 1444, having received the requisite constitutional majority, was passed.

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.

Senate Sponsor: Senator Seabaugh of the 28th.

The Senate Regulated Industries and Utilities Committee offered the following substitute to HB 1359:
A BILL TO BE ENTITLED AN ACT

To amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to delete a requirement that a barber shop may train only one apprentice barber at a time; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, is amended by striking in its entirety Code Section 43-7-12, relating to requirements for a license to operate a barbershop, and inserting in lieu thereof the following:
"43-7-12. A license to operate a barbershop shall be issued, renewed, or restored to any person who can show that such barbershop:
(1) Provides and maintains such physical and sanitary facilities and equipment as may be required by the rules and regulations of the board; and (2) Does not train more than one apprentice at any one time, which apprentice shall be under the supervision of a master barber; and (3) Does business only at the location shown on the application for licensure."

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

On the adoption of the substitute, the yeas were 49, nays 0, and the committee substitute was adopted.

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

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

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

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Y Hall Y Hamrick

Y Reed Y Seabaugh

Y Zamarripa

On the passage of the bill, the yeas were 50, nays 1.

HB 1359, having received the requisite constitutional majority, was passed by substitute.

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

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.

Senator Williams of the 19th asked unanimous consent that the Senate insist on its substitute to HB 1136.

The consent was granted, and the Senate insisted on its substitute to HB 1136.

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

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.

Senator Hamrick of the 30th asked unanimous consent that the Senate insist on its substitute to HB 1325.

The consent was granted, and the Senate insisted on its substitute to HB 1325.

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Senator Price of the 56th moved to reorder the Senate Rules Calendar so that HB 1295 be the next bill considered.

Senator Stephens of the 51st moved that the Senate stand adjourned pursuant to SR 1101 until 10:00 a.m., Wednesday, April 7, 2004.

On the motion to adjourn, which takes precedence, a roll call was taken, and the vote was as follows:

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

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

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

On the motion, the yeas were 24, nays 28; the motion to adjourn lost.

Senator Price of the 56th moved to reorder the Senate Rules Calendar so that HB 1295 be the next bill considered.

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

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

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

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

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

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

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

On the motion, the yeas were 32, nays 21, the motion lost; and the Rules Calendar was not reordered.

The following messages were 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 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.

Mr. President:

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

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.

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Mr. President:
The House has passed by the requisite constitutional majority the following Bills of the Senate:
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.

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.

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.

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

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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 House has adopted by the requisite constitutional majority the following Resolutions of the Senate:
SR 184. By Senator Cheeks of the 23rd:
A RESOLUTION honoring the Military Veterans of Burke County and designating the Burke Veterans Parkway; and for other purposes;
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 Stephens of the 51st moved that the Senate stand adjourned, pursuant to SR 1101, until 10:00 a.m., Wednesday, April 7, 2004.

Senator Clay of the 37th objected.

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

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

N Harbison Y Harp N Henson 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

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

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N Fort Y Gillis N Golden Y Hall Y Hamrick

Y Moody Y Mullis N Price N Reed Y Seabaugh

Y Tolleson Y Unterman Y Williams N Zamarripa

On the motion to adjourn the yeas were 26, nays 27; the motion to adjourn lost.

Senator Johnson of the 1st moved that HB 1297 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
Blitch Y Bowen Y Brown Y Brush Y Bulloch N Butler N Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

N Harbison Y Harp Y Henson Y Hill 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 N Mullis Y Price N Reed Y Seabaugh

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

On the motion, the yeas were 39, nays 14; the motion prevailed, and HB 1297 was placed on the Table.

Senator Johnson of the 1st moved that the Senate stand adjourned, pursuant to SR 1101, until 10:00 a.m., Wednesday, April 7, 2004.

Senator Kemp of the 3rd objected.

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

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

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

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

On the motion to adjourn the yeas were 25, nays 27; the motion to adjourn lost.

The Calendar was resumed.

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.

Senate Sponsor: Senator Levetan of the 40th.

The Senate Special Judiciary Committee offered the following substitute to HB 208:

A BILL TO BE ENTITLED AN ACT

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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 change certain definitions; to clarify voting procedures at association meetings; to change provisions relating to liability for unpaid assessments; to change provisions relating to amending instruments; to clarify incorporated names of associations; to clarify meeting quorum requirements; to clarify requirements for calling meetings; to change procedures for judicial foreclosure; to clarify applicability of this article; 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 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Property Owners Association Act," is amended by striking paragraphs (9) and (18) of Code Section 44-3-221, relating to definitions, and inserting in lieu thereof the following:
"(9) 'Lot' means any plot or parcel of land, other than a common area, designated for separate ownership and occupancy shown on a recorded subdivision plat for a development and subject to a declaration. Where the context indicates or requires, the term lot includes any structure on the lot. With respect to a property owners development which includes a condominium, and to the extent provided for in the instrument, each condominium unit, as defined in paragraph (28) of Code Section 443-71, shall be deemed a separate lot." "(18) 'Property owners development' or 'development' means real property containing both which contains lots and which may contain common area located within Georgia and subject to a declaration and submitted to this article."
SECTION 2. Said article is further amended by striking Code Section 44-3-224, relating to voting at association meetings, and inserting in lieu thereof the following:
"44-3-224. (a) Since a lot owner may be more than one person, if only one of those persons is present at a meeting of the association, or is voting by proxy, ballot, or written consent, that person shall be entitled to cast the votes pertaining to that lot. However, if more than one of those persons is present, or executes a proxy, ballot, or written consent, the vote pertaining to that lot shall be cast only in accordance with their unanimous agreement unless the instrument expressly provides otherwise; and such consent shall be conclusively presumed if any one of them purports to cast the votes pertaining to that lot without protest being made immediately by any of the others to the person presiding over the meeting or vote. (b) The votes pertaining to any lot may, and, in the case of any lot owner not a natural person or persons, shall, be cast pursuant to a proxy or proxies duly executed by or on

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behalf of the lot owner or, in cases where the lot owner is more than one person, by or on behalf of the joint owners of the lot. No such proxy shall be revocable except as provided in Code Section 14-2-722 or Code Section 14-3-724 or by written notice delivered to the association by the lot owner or by any joint owners of a lot. Any proxy shall be void if it is not dated or if it purports to be revocable without such notice."
SECTION 3. Said article is further amended by striking subsection (b) of Code Section 44-3-225, relating to assessment of expenses, and inserting in lieu thereof the following:
"(b) No lot owner other than the association shall be exempted from any liability for any assessment under this Code section or under any instrument for any reason whatsoever, including, without limitation, abandonment, nonuser, or waiver of the use or enjoyment of his or her lot or any part of the common area except to the extent that any lot, upon request by the owner of the lot, expressly may be made exempt from assessments and thus denied voting rights of the lot under the instrument until a certificate of occupancy is issued by the governing authority for a dwelling on such lot."
SECTION 4. Said article is further amended by striking subsections (a), (b), and (c), of Code Section 44-3-226, relating to amendment of instruments, and inserting in lieu thereof the following:
"(a) Except to the extent expressly permitted or required by other provisions of this article, or as otherwise provided in the declaration, the instrument declaration shall be amended only by the agreement of lot owners of lots to which two-thirds of the eligible votes in the association pertain or such larger majority as the instrument may specify; provided, however, that, to the extent provided in the declaration, during any such time as there shall exist an unexpired option to add any additional property to the property ownersassociation or during any such time as the declarant has the right to control the association under the instrument the declarant shall own at least one lot primarily for the purpose of the sale of such lot, the agreement shall be that of the declarant and the lot owners of lots to which two-thirds the required percentage of the eligible votes in the association, as specified in the declaration, pertain, exclusive of any vote or votes appurtenant to any lot or lots then owned by the declarant, or a larger majority as the instrument may specify. Notwithstanding any other provisions of this subsection, during such time as the declarant shall own at least one lot primarily for the purpose of sale of such lot, no amendment shall be made to the instrument without the written agreement of the declarant if such amendment would impose a greater restriction on the use or development by the declarant of the lot or lots owned by the declarant. For the purposes of this Code section, eligible votes shall include only the votes of owners whose voting rights have not been suspended in accordance with the declaration or bylaws. (b) No amendment of an instrument shall require approval of lot owners to which more

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than 80 percent of the association vote pertains and the mortgagees holding 80 percent of the voting interest of mortgaged lots; any property owners association which exists prior to July 1, 1994, and amends its documents to avail itself of the provisions of this article shall be deemed to have amended the association instrument to conform to this limitation. This subsection shall not be deemed to eliminate or modify any right of the declarant provided for in the instrument to approve amendments to the instrument so long as the declarant owns any lot primarily for the purpose of sale and, furthermore, this Code section shall not be construed as modifying or altering the rights of a mortgagee set forth elsewhere in this article. (c) Except to the extent expressly permitted or required by other provisions of this article, or agreed upon or permitted by the instrument concerning submission of additional property to this article by the declarant or the association, or agreed upon by all lot owners and the mortgagees of all lots, no amendment to the instrument shall change the boundaries of any lot, the number of votes in the association pertaining thereto, or the allocation of liability for common expenses pertaining thereto; provided, however, this Code section shall not preclude lot owners from relocating lot boundaries or combining or subdividing lots to the extent authorized in the instrument. Unless otherwise provided in the instrument, the total allocation of votes in the association and liability for common expenses pertaining to such lots shall not be affected by a relocation of boundaries or subdivision or combination of lots in accordance with this Code section."
SECTION 5. Said article is further amended by striking subsection (a) of Code Section 44-3-227, relating to incorporation of the association, and inserting in lieu thereof the following:
"(a) Prior to submission to this article, the association shall be duly incorporated either as a business corporation under Chapter 2 of Title 14 or as a nonprofit membership corporation under Chapter 3 of Title 14, as amended. The corporate name of the association shall include the word or words 'homeowners,' 'property owners,' 'community,' 'club,' or 'association' and shall otherwise comply with applicable laws regarding corporate names. The articles of incorporation of the association and the bylaws adopted by the association shall contain provisions not inconsistent with applicable law including but not limited to this article or with the declaration as may be required by this article or by the declaration and as may be deemed appropriate or desirable for the proper management and administration of the association. The term 'member' shall include a shareholder in the event the association is a business corporation or issues stock. Membership shall continue during the period of ownership by such lot owner."
SECTION 6. Said article is further amended by striking Code Section 44-3-228, relating to presence of quorums at meetings, and inserting in lieu thereof the following:
"44-3-228. Unless the instrument provides or bylaws provide otherwise, a quorum shall be deemed

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present throughout any meeting of the members of the association if persons entitled to cast more than one-third of the votes are present at the beginning of the meeting. Unless the instrument specifies or bylaws specify a larger majority, a quorum shall be deemed present throughout any meeting of the board of directors if percentage, the presence of persons entitled to cast one-half of the votes of the board of directors shall constitute a quorum for the transaction of business at any meeting of the board in that body are present at such meeting."
SECTION 7. Said article is further amended by striking Code Section 44-3-230, relating to frequency of meetings, and inserting in lieu thereof the following:
"44-3-230. Meetings of the members of the association shall be held in accordance with the provisions of the associations bylaws and in any event shall be called not less frequently than annually. Notice shall be given to each lot owner at least 21 days in advance of any annual or regularly scheduled meeting and at least seven days in advance of any other meeting and shall state the time, place, and, for any special meeting, purpose of such meeting. Such notice shall be delivered personally or sent by United States mail, postage prepaid, statutory overnight delivery, or issued electronically in accordance with Chapter 12 of Title 10, the 'Georgia Electronic Records and Signatures Act,' to all lot owners of record at such address or addresses as designated by such lot owners or, if no other address has been so designated, at the address of their respective lots. At the annual meeting, comprehensive reports of the affairs, finances, and budget projections of the association shall be made to the lot owners."
SECTION 8. Said article is further amended by striking subsection (c) of Code Section 44-3-232, relating to assessments against lot owners as constituting a lien in favor of the association, and inserting in lieu thereof the following:
"(c) Not less than ten 30 days after notice is sent by certified mail or statutory overnight delivery, return receipt requested, to the lot owner both at the address of the lot and at any other address or addresses which the lot owner may have designated to the association in writing, the lien may be foreclosed by the association by an action, judgment, and court order for foreclosure in the same manner as other liens for the improvement of real property, subject to superior liens or encumbrances but any such court order for judicial foreclosure shall not affect the rights of holders of superior liens or encumbrances to exercise any rights or powers afforded to them under their security instruments. The notice provided for in this subsection shall specify the amount of the assessments then due and payable together with authorized late charges and the rate of interest accrued accruing thereon. Unless prohibited by the instrument, the association shall have the power to bid on the lot at any foreclosure sale and to acquire, hold, lease, encumber, and convey the same. The lien for assessments shall lapse and be of no further effect, as to assessments or installments thereof, together with late charges and

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interest applicable thereto, which first become due and payable more than three four years prior to the date upon which the notice contemplated in this subsection is given or more than three years prior to the institution of an action therefor if an action is not instituted within 90 days after the giving of the notice after the assessment or installment first became due and payable."

SECTION 9. Said article is further amended by striking subsection (b) of Code Section 44-3-235, relating to applicability of the article and inserting in lieu thereof the following:
"(b) This article shall not apply to associations created pursuant to Article 3 of this chapter, the 'Georgia Condominium Act.' Act,' except to the extent that a property owners development created under this article includes a condominium, together with other real property, as provided in paragraph (9) of Code Section 44-3-221."

SECTION 10. All laws and parts of law in conflict with this act are repealed.

Senator Levetan of the 40th offered the following amendment # 1:

Amend the Senate Special Judiciary Committee substitute to HB 208 by striking lines 4 and 5 of page 1 and inserting in lieu thereof the following:
"relating to liability for unpaid assessments; to clarify incorporated names of associations; to clarify meeting quorum".

By striking lines 30 through 35 of page 2 and lines 1 through 37 of page 3.

By renumbering Sections 5 through 10 as Sections 4 through 9, respectively.

On the adoption of the amendment, the yeas were 31, nays 2, and the Levetan amendment # 1 was adopted.

Senator Smith of the 52nd moved that HB 208 be placed on the Table.

Senator Levetan of the 40th objected.

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

Y Adelman Y Balfour
Blitch Y Bowen N Brown

N Harbison Y Harp N Henson Y Hill N Hooks

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

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

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

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

On the motion, the yeas were 29, nays 20; the motion prevailed, and HB 208 was placed on the Table.

Senator Smith of the 52nd moved that the following bill be placed on the Table:

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.

Senate Sponsor: Senator Levetan of the 40th.

Senator Lee of the 29th objected.

Senator Stephens of the 51st moved that the Senate stand adjourned, pursuant to SR 1101, until 10:00 a.m., Wednesday, April 7, 2004.

Senator Smith of the 52nd objected.

On the motion to adjourn, which takes precedence, a roll call was taken, and the vote was as follows:

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

Y Harbison Y Harp N Henson Y Hill Y 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 N Price N Reed Y Seabaugh

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

On the motion, the yeas were 28, nays 25; the motion prevailed, and the President announced the Senate adjourned, pursuant to SR 1101, at 12:25 a.m.

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Senate Chamber, Atlanta, Georgia Wednesday, April 7, 2004 Fortieth Legislative Day

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

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

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

The Journal was confirmed.

The following committee report was read by the Secretary:

Mr. President:

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

HB 482 HB 1736 HB 1811 HB 1815

Do Pass Do Pass Do Pass Do Pass

HB 1820 HB 1827 HB 1833

Do Pass Do Pass Do Pass

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

Senator Balfour of the 9th asked unanimous consent that the call of the roll be dispensed with. The consent was granted, and the roll call was dispensed with.

The members pledged allegiance to the flag.

Senator Henson of the 41st introduced the chaplain of the day, Reverend Dr. Kenneth L. Samuel of Stone Mountain, Georgia, who offered scripture reading and prayer.

Senator Tanksley of the 32nd introduced the doctor of the day, Dr. Tom Cooper.

Senator Jackson of the 50th introduced Ken Spooner, Director of Hidden Lake Academy of Lumpkin County, commended by SR 966, adopted previously. Ken Spooner addressed the Senate briefly.

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The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following Bills of the Senate:
SB 388. By Senators Lee of the 29th and Seabaugh of the 28th:
A BILL to be entitled an Act to provide a new charter for the City of Haralson; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
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.
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.

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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.
Senators Gillis of the 20th, Harbison of the 15th, Butler of the 55th and Starr of the 44th introduced Charlotte Peters, commended by SR 947, adopted previously. Charlotte Peters addressed the Senate briefly.
The following resolutions were read and adopted:
SR 1076. By Senator Tate of the 38th:
A RESOLUTION honoring the Atlanta Job Corps Center; and for other purposes.
SR 1077. By Senator Jackson of the 50th:
A RESOLUTION congratulating Habersham Bank; and for other purposes.
SR 1078. By Senator Seabaugh of the 28th:
A RESOLUTION commending Mary Cronbaugh and recognizing and saluting her great service to public education in the State of Georgia; and for other purposes.
SR 1079. By Senator Hill of the 4th:
A RESOLUTION honoring and remembering the life of Mr. Gordon Alston; and for other purposes.
SR 1080. By Senator Hill of the 4th:
A RESOLUTION commending and recognizing the Reidsville Lions Club on the occasion of its 60th anniversary; and for other purposes.

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SR 1081. By Senator Hill of the 4th:
A RESOLUTION recognizing and commending Mr. Chase Puckett and congratulating him on his Georgia Teacher of the Year award; and for other purposes.
SR 1082. By Senator Balfour of the 9th:
A RESOLUTION commending the Brookwood High School Lady Broncos swim team and dive team; and for other purposes.
SR 1083. By Senator Balfour of the 9th:
A RESOLUTION commending the Collins Hill High School Eagles swim and dive team; and for other purposes.
SR 1084. By Senator Balfour of the 9th:
A RESOLUTION commending Joel Lathe on attaining the rank of Eagle Scout; and for other purposes.
SR 1085. By Senators Collins of the 6th, Tanksley of the 32nd, Clay of the 37th and Lamutt of the 21st:
A RESOLUTION recognizing Georgia Conservation Voters; and for other purposes.
SR 1086. By Senators Collins of the 6th, Clay of the 37th and Lamutt of the 21st:
A RESOLUTION recognizing Jan H. Blodgett for her many contributions to her community; and for other purposes.
SR 1087. By Senators Collins of the 6th, Tanksley of the 32nd, Clay of the 37th and Lamutt of the 21st:
A RESOLUTION recognizing the Cobb County branch of the National Association for the Advancement of Colored People; and for other purposes.
SR 1088. By Senators Collins of the 6th, Clay of the 37th and Lamutt of the 21st:
A RESOLUTION recognizing IMPACT, Inc.; and for other purposes.

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SR 1089. By Senator Collins of the 6th:
A RESOLUTION commending Keep Smyrna Beautiful; and for other purposes.
SR 1090. By Senator Levetan of the 40th:
A RESOLUTION commending Jack Halpern; and for other purposes.
SR 1091. By Senators Collins of the 6th, Lamutt of the 21st and Price of the 56th:
A RESOLUTION recognizing Linda H. Parker for her exceptional community involvement; and for other purposes.
SR 1092. By Senators Cagle of the 49th, Stephens of the 51st and Johnson of the 1st:
A RESOLUTION honoring Robert Lamutt and his commitment to public service; and for other purposes.
SR 1093. By Senators Henson of the 41st, Stephens of the 51st and Hudgens of the 47th:
A RESOLUTION in memory and honoring the lives of Mr. William Stephen "Billy" Venable and Mr. William Coleman "Bill" Venable; and for other purposes.
SR 1094. By Senators Thomas of the 54th, Golden of the 8th, Price of the 56th and Stokes of the 43rd:
A RESOLUTION commending the Georgia Chapter of the American Academy of Pediatrics and recognizing it on the occasion of its 50th anniversary; and for other purposes.
SR 1095. By Senator Collins of the 6th:
A RESOLUTION commending Randy McClure; and for other purposes.
SR 1096. By Senator Collins of the 6th:
A RESOLUTION commending Reverend Dr. David C. Cooper; and for other purposes.

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SR 1097. By Senator Collins of the 6th:
A RESOLUTION commending Marty Merletti; and for other purposes.
SR 1098. By Senators Collins of the 6th, Clay of the 37th and Lamutt of the 21st:
A RESOLUTION recognizing Mrs. Joann Bone; and for other purposes.
SR 1099. By Senators Collins of the 6th and Golden of the 8th:
A RESOLUTION recognizing Erin Jansen; and for other purposes.
SR 1100. By Senators Kemp of the 46th and Hudgens of the 47th:
A RESOLUTION recognizing and commending Mr. Bill Malone, the only Athenian to croak at the Alamo, and the Bill Malone Society; and for other purposes.
SR 1102. By Senators Collins of the 6th, Harp of the 16th, Tolleson of the 18th and Brown of the 26th:
A RESOLUTION recognizing Alicia Mitchell; and for other purposes.
SR 1103. By Senator Stephens of the 51st:
A RESOLUTION expressing congratulations and best wishes to Evah Kathryn Daves on the grand occasion of her 100th birthday; and for other purposes.
SR 1110. By Senators Brush of the 24th, Hall of the 22nd, Cheeks of the 23rd and Hill of the 4th:
A RESOLUTION commending the 265th Engineer Group of the Georgia Army National Guard; and for other purposes.
SR 1111. By Senators Brush of the 24th and Cheeks of the 23rd:
A RESOLUTION declaring August 30, 2004, as David Bushnell Day in Georgia; and for other purposes.
Senator Kemp of the 46th asked unanimous consent that Senator Seabaugh of the 28th be excused. The consent was granted, and Senator Seabaugh was excused.

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Senator Thompson of the 33rd asked unanimous consent that he be excused from voting on the Local Consent Calendar pursuant to Senate Rule 175. The consent was granted, and Senator Thompson 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 following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:

SENATE LOCAL CONSENT CALENDAR
Wednesday, April 7, 2004 Fortieth 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 482

Thomas of the 10th Crotts of the 17th Lee of the 29th Starr of the 44th HENRY COUNTY
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 1736

Collins of the 6th Lamutt of the 21st Tanksley of the 32nd Thompson of the 33rd Clay of the 37th Tate of the 38th COBB COUNTY

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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.
Cheeks of the 23rd CANDLER COUNTY
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.
Lamutt of the 21st Stephens of the 51st WOODSTOCK, CITY OF
A BILL to amend an Act reincorporating and re-creating the City of Woodstock, so as to change the corporate limits of the city; and for other purposes.
Cheeks of the 23rd Brush of the 24th COLUMBIA COUNTY
A BILL to provide that certain officials of Columbia County who have served at least 15 years in office may, upon leaving office, continue to participate in the county health insurance program by paying the total cost of such participation; and for other purposes.
Moody of the 27th Unterman of the 45th Cagle of the 49th FORSYTH COUNTY
A BILL to amend an Act creating the Board of Commissioners of Forsyth County, so as to change provisions relating to the compensation and expenses payable to the board of commissioners; to provide that such compensation and expenses may be established by the board under the procedures established by general law; and for other purposes.

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Harp of the 16th Tolleson of the 18th LAMAR COUNTY
A BILL to amend an Act creating the Lamar County Livestock and Agricultural exposition Authority, so as to change the provisions relating to the membership 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 Y Cheeks Y Clay
Collins Y Crotts Y Dean
Fort Y Gillis Y Golden Y Hall
Hamrick

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

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

On the passage of the local legislation, the yeas were 44, nays 0.

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

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

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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.
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize the issuance of commercial paper by certain local governmental entities; to provide for procedures, conditions, and limitations; to change certain provisions regarding the creation of tax allocation districts; to change the definition of redevelopment area; 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; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. 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' shall mean and include only:
(A) Any county, municipal corporation, or consolidated government of this state; and (B) Any local public authority having corporate powers which has been or may hereafter be created by general, local, or special Act of the General Assembly.

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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 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

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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 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 1A. Said title is further amended by striking subparagraphs (F) and (G) of paragraph (7) of Code Section 36-44-3, relating to definitions regarding redevelopment powers, and inserting in their places new paragraphs (F), (G), and (H) to read as follows:
"(F) Any geographic area designated within the comprehensive plan of a political subdivision for redevelopment which has previously been developed for

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commercial, residential, industrial, office, or similar or ancillary uses and which lies within the service delivery area of the political subdivision, in which the current condition of the area is less desirable than the redevelopment of the area for new commercial, residential, industrial, office, or other uses, or a combination of uses, including the provision of open space or pedestrian and transit improvements, and any geographic area that is adversely affected by airport or transportation related noise or other environmental degradation, contamination, or other environmental factors which the political subdivision has determined to be impairing or retarding the redevelopment of the area; or (G) Any urbanized or developed area or an area connecting two or more urbanized or developed areas that has been subject to some development but which has inadequate roadways, bridges, or public transportation or transit facilities incapable of handling the volume of traffic or passenger flow in or through the area in a safe and efficient manner either at present or following proposed redevelopment; or (G)(H) Any area combining any factors specified in subparagraphs (A) through (F)(G) of this paragraph."
SECTION 1B. Said title is further amended by striking Code Section 36-44-8, relating to creation of tax allocation districts, and inserting in its place a new Code Section 36-44-8 to read as follows:
"36-44-8. In order to create and carry out the purposes of a tax allocation district, the following steps are required:
(1) Preparation by the redevelopment agency of a redevelopment plan for the proposed tax allocation district and its submission for consent to the political subdivision or board of education required to consent, if the plan proposes to include in the tax allocation increment ad valorem taxes levied by a political subdivision or board of education required to consent to such inclusion under Code Section 36-44-9, or if the plan proposes to pledge for payment or security for payment of tax allocation bonds and other redevelopment costs the general funds of a county required to consent to such inclusion under Code Section 36-44-9; (2) Submission of the redevelopment plan, along with a certified copy of any resolution giving the consent required under paragraph (1) of this Code section, to the local legislative body of the political subdivision whose area of operation will include the tax allocation district; and (3) Adoption by the local legislative body of a resolution approving the redevelopment plan and which:
(A) Describes the boundaries of the tax allocation district with sufficient definiteness to identify with ordinary and reasonable certainty the territory included. The boundaries shall include only those whole units of property assessed for ad valorem property tax purposes; (B) Creates the district on December 31 following the adoption of the resolution or on December 31 of a subsequent year as determined by the local legislative body;

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(C) Assigns a name to the district for identification purposes. The first district created shall be known as 'Tax Allocation District Number 1,' followed by the name of the political subdivision within whose area of operation the district is located; (D) Specifies the estimated tax allocation increment base; (E) Specifies property taxes to be used for computing tax allocation increments; (F) Specifies the property proposed to be pledged for payment or security for payment of tax allocation bonds which property may include positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, as determined by the political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20; and (G) Contains findings that:
(i) The redevelopment area on the whole has not been subject to growth and development through private enterprise and would not reasonably be anticipated to be developed without the approval of the redevelopment plan or includes one or more natural or historical assets which have not been adequately preserved or protected and such asset or assets would not reasonably be anticipated to be adequately preserved or protected without the approval of the redevelopment plan; and (ii) The improvement of the area is likely to enhance the value of a substantial portion of the other real property in the district. If any information required to be included in the resolution approving the redevelopment plan under subparagraphs (A) through (G) of this paragraph is contained in the redevelopment plan, then the resolution approving the redevelopment plan may incorporate by reference that portion of the redevelopment plan containing said information.; and (4) A certified copy of any resolution giving the consent required under paragraph (1) of this Code section must be submitted to the local legislative body of the political subdivision whose area of operation will include the tax allocation district prior to inclusion of such ad valorem taxes or general funds in calculation of the tax allocation increment."
SECTION 1C. Said title is further amended by striking subsection (c) of Code Section 36-44-11, relating to allocation of certain tax allocation increments, and inserting in its place a new subsection (c) to read as follows:
"(c) All positive tax allocation increments received for a tax allocation district shall be deposited into a special fund for the district upon receipt by the fiscal officer of the political subdivision. All general funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and other redevelopment costs of the tax allocation district shall be deposited upon receipt into the special fund. Any lease or other contract payments made under the districts redevelopment plan shall also be deposited upon receipt into the special fund. Moneys

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derived from positive tax allocation increments, general fund moneys, and moneys derived from lease or other contract payments shall be accounted for separately within the special fund. Moneys shall be paid out of the fund only to pay redevelopment costs of the district or to satisfy claims of holders of tax allocation bonds issued for the district. The local legislative body shall irrevocably pledge all or a part of such special fund to the payment of the tax allocation bonds. The special fund or designated part thereof may thereafter be used only for the payment of the tax allocation bonds and interest until they have been fully paid, and a holder of said bonds shall have a lien against the special fund or said designated part thereof pledged for payment of said bonds and may either at law or in equity protect and enforce the lien. General funds derived from the tax allocation district may be used for payment of tax allocation bonds only to the extent that positive tax allocation increments and lease or other contract payments in the special fund are insufficient at any time to pay principal and interest due on such bonds. Subject to any agreement with bondholders, moneys in the fund may be temporarily invested in the same manner as other funds of the political subdivision. Except as provided in Code Section 36-44-20, general funds derived from the tax allocation district may be used for payment of tax allocation bonds only to the extent that positive tax allocation increments and lease or other contract payments in the special fund are insufficient at any time to pay the principal and interest due on such bonds. After all redevelopment costs and all tax allocation bonds of the district have been paid or provided for, subject to any agreement with bondholders, if there remains in the fund any moneys derived from positive tax allocation increments, they shall be paid over to each county, municipality, consolidated government, or county or independent board of education whose ad valorem property taxes were affected by the tax allocation district in the same manner and proportion as the most recent distribution by the county tax collector or tax commissioner, municipal official responsible for collecting municipal ad valorem property taxes, or consolidated government official responsible for collecting consolidated government ad valorem property taxes. If there remains in the fund any other moneys, they shall be paid over to each political subdivision which contributed to the fund in proportion to the respective total contribution each made to the fund."
SECTION 1D. Said title is further amended by striking Code Section 36-44-20, relating to use of local general fund moneys with respect to tax allocation bonds, and inserting in its place a new Code Section 36-44-20 to read as follows:
"36-44-20. (a) Notwithstanding any other provisions of this chapter, a local legislative body may use, pledge, or otherwise obligate its general funds for payment or security for payment of tax allocation bonds issued or incurred under this chapter but only if those general funds are derived from a designated tax allocation district and used for payment or security for payment of tax allocation bonds issued or incurred under this chapter for redevelopment of that district and only to the extent that positive tax increments or

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lease or other contract payments in that districts special fund are insufficient at any time to pay principal and interest due on such bonds. (b) The requirement of insufficiency provided for in subsection (a) of this Code section may be satisfied by adoption of a resolution of the local legislative body finding that positive tax increments or lease or other contract payments in the districts special fund will be insufficient to pay principal and interest on bonds to be issued to finance redevelopment costs for the redevelopment described in the redevelopment plan."
SECTION 2. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. (b) Sections 1B, 1C, and 1D of this Act shall become effective on July 1, 2004.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Cagle of the 49th asked unanimous consent that the Senate disagree to the House substitute to SB 514.
The consent was granted, and the Senate disagreed to the House substitute to SB 514.
The following bill was taken up to consider House action thereto:
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.
Senator Williams of the 19th asked unanimous consent that the Senate insist on its substitute to HB 1095.
The consent was granted, and the Senate insisted on its substitute to HB 1095.
Senator Brown of the 26th asked unanimous consent that Senator Tate of the 38th be excused. The consent was granted, and Senator Tate was excused.
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.
Senator Lee of the 29th asked unanimous consent that Senator Seabaugh of the 28th be excused. The consent was granted, and Senator Seabaugh was excused.

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2937

HB 1823. By Representatives Martin of the 37th, Burkhalter of the 36th, Jones of the 38th and Campbell of the 39th:

A BILL to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, so as to change the provisions relating to the compensation of the mayor and councilmembers; to provide for a referendum; to provide a contingent effective date; and for other purposes.

Senator Price of the 56th moved that the Senate recede from its substitute to HB 1823.

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

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown
Brush Y Bulloch Y Butler E 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
Johnson Y Kemp,B E Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price
Reed E 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
Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate receded from its substitute to HB 1823.

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

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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.
The House amendment to the Senate amendment was as follows:
Amend the Senate amendment to HB 923, such amendment being designated AM 21 2319, by striking lines 2 through 4 of page 1 and inserting in lieu thereof the following:
"Amend HB 923 by inserting on line 1 of page 1, following the words 'To amend', the following:
'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; to provide for an award of creditable service on an actuarial basis; to amend'.
By inserting immediately following line 12 of page 1 the following: 'Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, is amended by inserting at the end thereof the following: "47-23-50. (a) As used in this Code section, the term 'administrative law judge' means any fulltime administrative law judge appointed pursuant to Article 2 of Chapter 9 of Title 34 or Article 2 of Chapter 13 of Title 50 and who is employed in a full-time position requiring admission to the State Bar of Georgia as a condition of employment. (b) Any administrative law judge may make an irrevocable election to become a member by so notifying the board of trustees not later than December 31, 2004, or within 90 days after becoming so employed, whichever date is later. (c) Any such person who on July 1, 2004, had prior service as an administrative law judge shall be entitled to creditable service in this retirement system only for actual service in such position. Upon the members request, the Employees Retirement System of Georgia shall transfer to this retirement system all employer and employee contributions paid by or on behalf of any such member with regular interest thereon. The member is authorized, but not required, to pay to the board of trustees such additional amount as the member desires, each payment to be made

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within 12 months of electing to become a member of this retirement system. Such member shall receive only such creditable service, not to exceed the actual years of service, as that amount will warrant without creating any accrued liability to this retirement system."
SECTION 2.'

By redesignating Sections 2 and 3 on page 2 as Sections 3 and 4, respectively."

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

April 1, 2004

The Honorable Mary Margaret Oliver State Representative Legislative Office Building, Room 511 Atlanta, Georgia 30334

SUBJECT: State Auditor's Certification House Bill 923 (LC 21 7409) As Amended (AM 21 2320)

Dear Representative Oliver:

As amended, this bill would allow members of the Judicial Retirement System who are also vested members of a local retirement system to have their contributions from the local retirement system transferred to the Judicial Retirement System. The local retirement system would be required to transfer the higher of:

The employer and employee contributions paid by or on behalf of such member, together with 5 percent per annum compounded annually; or

The present value of the member's anticipated benefit, using the actuarial equivalence and the mortality table adopted by the local retirement system.

Members who have such funds transferred to the Judicial Retirement System would receive creditable service based on the amount transferred on behalf of the member,

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without creating any accrued liability to the System. Members wishing to obtain such creditable service are required to notify the board of trustees no later than December 31, 2004, or within 90 days of becoming a member of the Judicial Retirement System, whichever is later.
The addition of the amendment (AM 21 2320) would also authorize administrative law judges to become members of the Judicial Retirement System. Currently, they participate in the Employees' Retirement System. Administrative law judges wishing to become members of this System must notify the Board of Trustees no later than December 31, 2004 or within 90 days after becoming employed as an administrative law judge, whichever is later, and such decision is irrevocable. This bill authorizes such judges to obtain creditable service for prior service under the Employees' Retirement System. The amount of creditable service granted will be determined by the amount of employee and employer contributions paid by or on behalf of such member, plus interest, without creating any accrued liability to the Georgia Judicial Retirement System. Persons would be authorized, but not required, to pay some or all of the cost for any prior service not funded with the monies transferred from the Employees' Retirement System.
This is to certify that the changes made in this amended bill are cost reduction amendments as defined in the Public Retirement Systems Standards Law. This amendment incorporates the provisions of House Bill 976 (LC 21 7411) into House Bill 923 (LC 21 7409). As shown in the attached actuarial investigation and State Auditor's summary for House Bill 976 (LC 21 7411), the addition of the amendment would reduce the current unfunded actuarial accrued liability by $260,000 in the first year for the Employees' Retirement System. Therefore, passage of the amended bill would not require any funding from the State. A copy of the actuarial investigation and State Auditor's Summary for House Bills 923 and 976 is attached.
Respectfully,
/s/ Russell W. Hinton State Auditor
Senator Hudgens of the 47th asked unanimous consent that the Senate disagree to the House amendment to the Senate amendment to HB 923.
The consent was granted and the Senate disagreed to the House amendment to the Senate amendment to HB 923.
Senator Balfour of the 9th asked unanimous consent that Senator Collins of the 6th be excused. The consent was granted, and Senator Collins was excused.

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The following bill was taken up to consider the Conference Committee Report thereto:

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.

The Conference Committee Report was as follows:

The Committee of Conference on HR 132 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HR 132 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Crotts of the 17th /s/ Senator Dean of the 31st /s/ Senator Clay of the 37th

/s/ Representative Smith of the 13th, Post 2 /s/ Representative Floyd of the 132nd /s/ Representative Barnes of the 84th, Post 2

COMMITTEE OF CONFERENCE SUBSTITUTE TO HR 132

A RESOLUTION

Designating the Keith Kalland Memorial Highway; and for other purposes.

WHEREAS, Keith Kalland will be long remembered by Atlantans and the countless commuters who valued the daily traffic reports from this wonderful voice in the sky; and

WHEREAS, he was known as the "King of Alternates" given his extraordinary knowledge of all the possible roadways that drivers might use to avoid the tremendous traffic snarls confronting metro commuters at all hours of the day; and

WHEREAS, his wonderful wit and clever lines always seemed to ease the irritation of most drivers as they dealt with the "ubiquitous ladder in the road" hazards and the constant reminder that "You have all weekend to get home"; and

WHEREAS, in addition to his marvelous traffic reports, Keith was a dedicated volunteer for the March of Dimes, Muscular Dystrophy Association, and American Diabetes Association; and this very popular guy was a dear father to two very fortunate sons,

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Robbie and John, and he found time to give back to his community and state in many meaningful ways.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of I-20 South at Georgia Highway 138 South to Georgia Highway 20 South to Georgia Highway 212 be designated as the Keith Kalland Memorial Highway in memory of this highly respected traffic safety reporter, and the Department of Transportation is authorized and directed to erect and maintain signs so designating the highway.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Kalland family and to the Commissioner of Transportation.

Senator Crotts of the 17th moved that the Senate adopt the Conference Committee Report on HR 132.

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

N Harbison Y Harp Y Henson
Hill N 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
Reed E Seabaugh

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

On the motion, the yeas were 32, nays 10; the motion prevailed, and the Senate adopted the Conference Committee Report on HR 132.

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

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SB 179. By Senators Thomas of the 54th, Unterman of the 45th, Mullis of the 53rd, Smith of the 52nd, Balfour of the 9th and others:
A BILL to be entitled an Act to enact the "Patient Safe Prescription Drug Act"; to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for electronic prescription drug orders; to define certain terms; to require electronic prescription drug orders to meet certain requirements; to prohibit access to electronic prescription drug orders from the time of transmission until receipt by the designated pharmacy; to prohibit certain restrictions of practitioners; to prohibit a patients choice of retail pharmacy; to provide for an exemption for institutions using electronic medical record systems; to provide for related matters; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To enact the "Patient Safe Prescription Drug Act"; to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for electronic data prescription drug orders; to define certain terms; to require electronic data prescription drug orders to meet certain requirements; to prohibit access to electronic data prescription drug orders from the time of transmission until receipt by the designated pharmacy; to prohibit certain restrictions of practitioners; to prohibit the restriction of a patients choice of retail pharmacy; to provide for an exemption for institutions using electronic medical record systems; to change certain provisions relating to substitution of generic drugs for name brand drugs; to provide that incentives may be offered to pharmacies, pharmacists, and practitioners that accept or utilize electronic data prescription drug orders; 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 "Patient Safe Prescription Drug Act."
SECTION 2. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by adding to Code Section 26-4-5, relating to definitions, new paragraphs (14.1) through (14.5), (18.05), and (38.5) to read as follows:
"(14.1) 'Electronic data prescription drug order' means any digitalized prescription drug order transmitted to a pharmacy, other than by facsimile, which contains the

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secure, personalized digital key, code, number, or other identifier used to identify and authenticate the prescribing practitioner in a manner required by state laws and board regulations and includes all other information required by state laws and board regulations. (14.2) 'Electronic data signature' means:
(A) A secure, personalized digital key, code, number, or other identifier used for secure electronic data transmissions which identifies and authenticates the prescribing practitioner as a part of an electronic data prescription drug order transmitted to a pharmacy; or (B) An electronic symbol or process attached to or logically associated with a record and executed or adopted by a prescribing practitioner with the intent to sign an electronic data prescription drug order, which identifies the prescribing practitioner, as a part of an electronic data prescription drug order transmitted to a pharmacy. (14.3) 'Electronic signature' means an electronic visual image signature or an electronic data signature of a practitioner which appears on an electronic prescription drug order. (14.4) 'Electronic visual image prescription drug order' means any exact visual image of a prescription drug order issued by a practitioner electronically and which bears an electronic reproduction of the visual image of the practitioners signature, is either printed on security paper and presented as a hard copy to the patient or transmitted by the practitioner via facsimile machine or equipment to a pharmacy, and contains all information required by state law and regulations of the board. (14.5) 'Electronic visual image signature' means any exact visual image of a practitioners signature reproduced electronically on a hard copy prescription drug order presented to the patient by the practitioner or is a prescription drug order transmitted to a pharmacy by a practitioner via facsimile machine or equipment." "(18.05) 'Hard copy prescription drug order' means a written, typed, reproduced, or printed prescription drug order prepared on a piece of paper." "(38.5) 'Security paper' means paper utilizing security features on which the electronic visual image prescription drug order of a practitioner is printed and presented to a patient so as to ensure that the prescription drug order is not subject to any form of copying, reproduction, or alteration, or any combination of copying, reproduction, or alteration, and may include a watermark produced by the electronic digital process when a prescription is printed to clearly show if a prescription has been reproduced or copied in an unauthorized manner."
SECTION 3. Said chapter is further amended by striking paragraph (36) of Code Section 26-4-5, relating to definitions, and inserting in its place the following:
"(36) 'Prescription drug order' means a lawful order of a practitioner for a drug or device for a specific patient; such order includes an electronic visual image

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prescription drug order and an electronic data prescription drug order."
SECTION 4. Said chapter is further amended by striking subsections (c), (i), and (l) of Code Section 26-4-80, relating to dispensing, electronically transmitted drug orders, refills, and Schedule II controlled substance prescriptions, and inserting in their respective places the following:
"(c) A prescription drug order may be accepted by a pharmacist, or pharmacy intern, or extern in written form, orally, via facsimile, or electronically via an electronic visual image prescription drug order, or an electronic data prescription drug order as set forth in this chapter or as set forth in regulations promulgated by the board. Provisions for accepting a prescription drug order for a Schedule II controlled substance are set forth in subsection (l) of this Code section, the boards regulations, or the regulations of the United States Drug Enforcement Administration in 21 C.F.R. 1306. Electronic prescription drug orders shall either be an electronic visual image of a prescription drug order or an electronic data prescription drug order and shall meet the requirements set forth in regulations promulgated by the board. A hard copy prescription prepared by a practitioner or a practitioners agent, which bears an electronic visual image of the practitioners signature and is not sent by facsimile, must be printed on security paper. Prescriptions transmitted either electronically or via facsimile shall meet the following requirements:
(1) Electronically transmitted prescription drug orders shall be transmitted by the practitioner or, in the case of a prescription drug order to be transmitted via facsimile, by the practitioner or the practitioners agent under supervision of the practitioner, to the pharmacy of the patients choice with no intervening person or intermediary having access to the prescription drug order; (2) Prescription drug orders transmitted by facsimile or computer shall include:
(A) In the case of a prescription drug order for a dangerous drug, the complete name and address of the practitioner; (B) In the case of a prescription drug order for a controlled substance, the complete name, address, and DEA registration number of the practitioner; (C) The telephone number of the practitioner for verbal confirmation; (D) The name and address of the patient; (E) The time and date of the transmission; and (F) The full name of the person transmitting the order; and (G) The signature of the practitioner in a manner as defined in regulations promulgated by the board or, in the case of a controlled substances prescription, in accordance with 21 C.F.R. 1301.22; (3) An electronically transmitted, issued, or produced prescription drug order which meets the requirements of this Code section shall be deemed the original order; (4) The pharmacist shall exercise professional judgment regarding the accuracy and authenticity of the any electronically transmitted, issued, or produced prescription drug order consistent with federal and state laws and rules and regulations adopted

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pursuant to the same; (5) An electronically transmitted encrypted, issued, or produced prescription drug order transmitted from a prescriber practitioner to a pharmacist shall be considered a highly confidential transaction and the said transmission, issuance, or production shall not be compromised by interventions, control, change, altering, or manipulation, or accessing patient record information by any other person or party in any manner whatsoever between the time after the practitioner has electronically transmitted, issued, or produced a prescription drug order and such order has been received by the pharmacy of the patients choice; (6) Any pharmacist that transmits, receives, or maintains any prescription or prescription refill either orally, in writing, or electronically shall ensure the security, integrity, and confidentiality of the prescription and any information contained therein; and (7) The board shall promulgate rules and regulations which may provide specific exceptions under this Code section for institutional settings such as hospital pharmacies, nursing home pharmacies, clinic pharmacies, or pharmacies owned or operated directly by health maintenance organizations." "(i) A written All prescription drug order orders must bear an original the signature of the prescribing practitioner as defined in Code Section 16-13-21. Physicians assistants must comply with all applicable laws regarding signatures. Further, the nature of such signature must meet the requirements set forth in regulations promulgated by the board. A physically applied signature stamp or other signature facsimile is not acceptable in lieu of an original signature. When Except as otherwise provided for in this subsection, when an oral prescription drug order or the oral authorization for the refilling of a prescription drug order is received which is has been transmitted by someone other than the practitioner, the name of the individual making the transmission and the date, time, and location of the origin of the transmission must be recorded on the original prescription drug order or other uniform record by the pharmacist receiving the transmission. No one other than the practitioner or an agent authorized by the practitioner shall transmit such prescriptions in any manner. In institutional settings such as hospital pharmacies, nursing home pharmacies, clinic pharmacies, or pharmacies owned or operated directly by health maintenance organizations, the name of the individual making the transmission is not required to be placed on the order." "(l) A Schedule II controlled substance prescription drug order in written form signed in indelible ink by the practitioner may be accepted by a pharmacist and the Schedule II controlled substance may be dispensed by such pharmacist. Other forms of Schedule II controlled substance prescription forms drug orders may be accepted by a pharmacist and the Schedule II controlled substance may be dispensed by such pharmacist in accordance with regulations promulgated by the board and in accordance with DEA regulations found in 21 C.F.R. 1306."
SECTION 5.

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Said chapter is further amended by adding at the end of Code Section 26-4-80, relating to dispensing, electronically transmitted drug orders, refills, and Schedule II controlled substance prescriptions, new subsections (m), (n), and (o) to read as follows:
"(m) No licensee nor any other entity shall be permitted to provide facsimile machines or equipment, computer software, technology, hardware, or supplies related to the electronic transmission of prescription drug orders to any practitioner which restricts such practitioner from issuing prescription drug orders for certain prescription drugs or restricts a patient from choosing the retail pharmacy to which an electronic prescription drug order may be transmitted. (n) Institutions including, but not limited to, hospitals, long-term care facilities, and inpatient hospice facilities which utilize electronic medical record systems that meet the information requirements for prescription drug orders for patients pursuant to this Code section shall be considered to be in compliance with this Code section. (o) Nothing in this Code section shall be construed to prohibit any insurance company, hospital or medical service plan, health care provider network, health maintenance organization, health care plan, employer, or other similar entity providing health insurance from offering incentives to pharmacies, pharmacists, and practitioners that accept or utilize electronic data prescription drug orders."

SECTION 6. Said chapter is further amended by striking subsection (g) of Code Section 26-4-81, relating to substitution of generic drugs for name brand drugs, and inserting in its place the following:
"(g) A practitioner of the healing arts may instruct the pharmacist not to substitute a generic name drug in lieu of a brand name drug by including the words 'brand necessary' in the body of the prescription. When a prescription is a hard copy prescription drug order, such Such indication of brand necessary must be in the practitioners own handwriting and shall not be printed, applied by rubber stamp, or any such similar means."

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Thomas of the 54th moved that the Senate agree to the House substitute to SB 179.

On the motion, 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

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Y Brown Y Brush Y Bulloch Y Butler E Cagle Y Cheeks Y Clay E 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 E Kemp,R Y Lamutt
Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price
Reed E Seabaugh

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
Zamarripa

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 179.

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

Mr. President:

The House has disagreed to the Senate substitutes to the following Bills of the House:

HB 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 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

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

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.

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

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.

The House substitute was as follows:

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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, is amended by striking Code Section 16-7-60, relating to arson in

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the first degree, and inserting in its place a new Code Section 16-7-60 to read as follows: "16-7-60. (a) A person commits the offense of arson in the first degree when, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage: (1) Any dwelling house of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both, whether it is occupied, unoccupied, or vacant; (2) Any building, vehicle, railroad car, watercraft, or other structure of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both, if such structure is designed for use as a dwelling, whether it is occupied, unoccupied, or vacant; (3) Any dwelling house, building, vehicle, railroad car, watercraft, aircraft, or other structure whether it is occupied, unoccupied, or vacant and when such is insured against loss or damage by fire or explosive and such loss or damage is accomplished without the consent of both the insurer and the insured; (4) Any dwelling house, building, vehicle, railroad car, watercraft, aircraft, or other structure whether it is occupied, unoccupied, or vacant with the intent to defeat, prejudice, or defraud the rights of a spouse or co-owner; or (5) Any building, vehicle, railroad car, watercraft, aircraft, or other structure under such circumstances that it is reasonably foreseeable that human life might be endangered. (b) A person also commits the offense of arson in the first degree when, in the commission of a felony, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage anything included or described in subsection (a) of this Code section. (b)(c) A person convicted of the offense of arson in the first degree shall be punished by a fine of not more than $50,000.00 or by imprisonment for not less than one nor more than 20 years, or both." SECTION 2.
Said article is further amended by striking Code Section 16-7-61, relating to arson in the second degree, and inserting in its place a new Code Section 16-7-61 to read as follows:
"16-7-61. (a) A person commits the offense of arson in the second degree as to any building, vehicle, railroad car, watercraft, aircraft, or other structure not included or described in Code Section 16-7-60 when, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage any building, vehicle, railroad car, watercraft, aircraft, or other structure of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both.

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(b) A person also commits the offense of arson in the second degree as to any building, vehicle, railroad car, watercraft, aircraft, or other structure not included or described in Code Section 16-7-60 when, in the commission of a felony, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage any building, vehicle, railroad car, watercraft, aircraft, or other structure of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both. (b)(c) A person convicted of the offense of arson in the second degree shall be punished by a fine of not more than $25,000.00 or by imprisonment for not less than one nor more than ten years, or both."
SECTION 3. Said article is further amended by striking Code Section 16-7-62, relating to arson in the third degree, and inserting in its place a new Code Section 16-7-62 to read as follows:
"16-7-62. (a) A person commits the offense of arson in the third degree when, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage:
(1) Any personal property of another without his or her consent or in which another has a security interest, including but not limited to a lien, without the consent of both and the value of the property is $25.00 or more; (2) Any personal property when such is insured against loss or damage by fire or explosive and the loss or damage is accomplished without the consent of both the insurer and insured and the value of the property is $25.00 or more; or (3) Any personal property with the intent to defeat, prejudice, or defraud the rights of a spouse or co-owner and the value of the property is $25.00 or more. (b) A person also commits the offense of arson in the third degree when, in the commission of a felony, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage anything included or described in subsection (a) of this Code section. (b)(c) A person convicted of the offense of arson in the third degree shall be punished by a fine not to exceed $10,000.00 or by imprisonment for not less than one nor more than five years, or both."
SECTION 4. This Act shall become effective on July 1, 2004. This Act shall not apply to any offense committed prior to July 1, 2004. Any such offense shall be punishable as provided by the statue in effect at the time the offense was committed.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Mullis of the 53rd moved that the Senate agree to the House substitute to SB 184.

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

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler E 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 E Hill Y Hooks Y Hudgens Y Jackson
Johnson Y Kemp,B E Kemp,R Y Lamutt
Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price
Reed E Seabaugh

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

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 184.

Senator Seay of the 34th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

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

SB 243. By Senators Smith of the 52nd, Mullis of the 53rd, Bowen of the 13th, Tolleson of the 18th, Kemp of the 46th and others:

A BILL to be entitled an Act to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide that the Georgia Emergency Management Agency shall establish and maintain a standardized, verifiable, performance-based unified incident command system; to provide for the development of and instruction in such command system; to provide for the implementation of such command system; to provide penalties for local agencies that do not establish such command system by December 31, 2004; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide for certain state government safety plans; to provide for exemptions; to provide for a program of training and technical assistance; to exempt certain records from public inspection and disclosure; to provide for an Airport Anti-Terrorism Training Committee and the training of airport managers; to provide that the Georgia Emergency Management Agency shall establish and maintain a standardized, verifiable, performance-based unified incident command system; to provide for the development of and instruction in such command system; to provide for the implementation of such command system; to provide penalties for local agencies that do not establish such command system by October 1, 2004; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by inserting a new Code section to read as follows:
"38-3-22.1. (a) Every state agency or authority, except those exempted in subsection (b) of this Code section, shall prepare an agency safety plan to address the threat of terrorism, to respond effectively to such incidents, and to provide a safe environment for state personnel and for those citizens conducting business with state agencies. In addition to acts of terrorism, such plan shall also address preparedness for natural disasters, hazardous materials or radiological accidents, and acts of violence. The safety plans of agencies and authorities shall be prepared with input from the appropriate supervisors and rank-and-file employees and local law enforcement, fire service, public safety, and emergency management agencies. Such plans shall be reviewed internally and, if necessary, updated annually. Such plans shall be submitted to the local emergency management agency. (b) The Department of Public Safety, the Department of Corrections, and any other state agency which operate secured facilities shall be exempt from the requirements of subsection (a) of this Code section. (c) Subject to the availability of funds for such purpose, the Georgia Emergency Management Agency shall provide training and technical assistance to agencies and authorities and may provide such training and technical assistance to local units of government and to critical facilities operated by the private sector. Such training and technical assistance shall include, but not be limited to, crisis response team development, site surveys and safety audits, crisis management planning, exercise

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design, safe school planning, emergency operations planning, search and seizure, bomb threat management, and model safety plans. (d) The following records shall not be subject to public inspection or disclosure under Article 4 of Chapter 18 of Title 50:
(1) Site surveys, safety audits, and vulnerability assessments performed pursuant to subsection (a) of this Code section; and (2) Any other record produced pursuant to this Code section the disclosure of which would, in the determination of the director of the Georgia Emergency Management Agency, endanger the life or physical safety of any person or persons or the physical safety of any public property."
SECTION 2. Said chapter is further amended by inserting a new Code section to read as follows:
"38-3-22.2. (a) As used in this Code section, the term:
(1) !Airport Anti-Terrorism Training Committee! means a committee composed of five members: one appointed by and to serve at the pleasure of the Homeland Security Director; one appointed by and to serve at the pleasure of the director of emergency management; one appointed by and to serve at the pleasure of the commissioner of transportation; one appointed by and to serve at the pleasure of the State Board of Technical and Adult Education; and one appointed by and to serve at the pleasure of the commissioner of public safety. (2) !Airport manager! means, with respect to each airport located in this state, the person who serves as manager, serves as general manager, or otherwise serves as the chief administrative officer of such airport. If for any airport, there is more than one person who may fit such definition, the local government, authority, or company operating such airport shall designate one such person as its airport manager for purposes of this Code section. (b) The Airport Anti-Terrorism Training Committee shall establish and maintain an annual training program for persons who serve as airport managers. It shall be unlawful for any person to serve as an airport manager in this state unless such person is in compliance with rules and regulations of the Airport Anti-Terrorism Training Committee implementing this Code section. Such rules and regulations: (1) Shall require each airport manager in this state to complete 14 hours of initial training and eight hours of annual training thereafter, with the first training to be completed in calendar year 2004; (2) Shall establish the curriculum of such annual training; (3) May provide for exemption from or delay of the annual training otherwise required in cases of providential cause or hardship; and (4) May provide for exemption from the annual training otherwise required for airport managers who demonstrate that they have or will otherwise obtain the competencies taught in the annual training curriculum.

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(c) The Airport Anti-Terrorism Training Committee shall by agreement or contract arrange for the annual training required under this Code section to be administered by the Georgia Aviation Technical College under the jurisdiction of the State Board of Technical and Adult Education. (d) The tuition costs of providing such training may be paid in whole or in part from funds appropriated or otherwise available to any department represented on the Airport Anti-Terrorism Training Committee or may be paid in whole or in part by the airport managers being trained or any combination thereof, as established by the Airport AntiTerrorism Training Committee."
SECTION 3. Said chapter is further amended by adding a new Code Section 38-3-57 to read as follows:
"38-3-57. (a) The Georgia Emergency Management Agency shall establish and maintain, in collaboration with all appropriate state agencies and volunteer organizations with emergency support function roles, and professional organizations that represent local public safety agencies, including the Emergency Management Association of Georgia, the Georgia Association of Police Chiefs, the Georgia Fire Chiefs Association, and the Georgia Sheriffs Association, a standardized, verifiable, performance-based unified incident command system. (b) Such system shall be consistent with the Georgia Emergency Operations Plan and shall be utilized in response to emergencies and disasters referenced in the Georgia Emergency Operations Plan, including Presidentially declared disasters and states of emergency issued by the Governor. (c) The Georgia Emergency Management Agency, in cooperation with the Georgia Public Safety Training Center and the Georgia Forestry Commission, shall develop or adopt a course of instruction for use in training and certifying emergency response personnel in unified incident command. (d) All local public safety and emergency response organizations, including emergency management agencies, law enforcement agencies, fire departments, and emergency medical services, shall implement the standardized unified incident command system provided for in subsection (a) of this Code section by October 1, 2004. (e) Local agencies that have not established such system by October 1, 2004, shall not be eligible for state reimbursement for any response or recovery related expenses."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Smith of the 52nd moved that the Senate agree to the House substitute to SB 243.
On the motion, a roll call was taken and the vote was as follows:

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

Y Harbison Y Harp Y Henson E 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
Price Reed E 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 E Thompson Y Tolleson Y Unterman Y Williams
Zamarripa

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 243.

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

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 House substitute was as follows:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to

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vital records, so as to provide for certified copies of orders 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 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, 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 certified copy of an order of paternity, annulment of paternity, or amendment of an order of paternity of a person born outside this state, the state registrar shall forward such certified copy of the order to the state

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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 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."

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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.

Senator Thomas of the 2nd moved that the Senate agree to the House substitute to SB 263.

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

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

Y Harbison Y Harp Y Henson E 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

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 E Thompson Y Tolleson Y Unterman Y Williams
Zamarripa

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 263.

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

SB 337. By Senators Hamrick of the 30th and Williams of the 19th:

A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of a state court of record, so as to provide for a statute of limitations for bringing such actions; to designate where a petition must be filed when the petitioner is being held by federal or other authorities; to

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provide for service; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
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; 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 four years in the case of a felony to bring an action pursuant to this Code section; (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 review; or (4) The date on which the facts supporting the claims presented could have been discovered through the exercise of due diligence.

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(d) At the time of sentencing, the court shall inform the defendant of the periods of limitation set forth in subsection (c) of this Code section."

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, relating to hearings, to read as follows:
"(e) A petition, other than one challenging a conviction for which a death sentence has been imposed or challenging a sentence of death, may be dismissed if there is a particularized showing 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. This subsection shall apply only to convictions had before July 1, 2004."
SECTION 4. This Act shall become effective on July 1, 2004.

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

Senator Hamrick of the 30th moved that the Senate agree to the House substitute to SB 337.

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

Adelman Y Balfour Y Blitch Y Bowen Y Brown

Harbison Y Harp Y Henson E Hill Y Hooks

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

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

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

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

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 337.

Senator Brown of the 26th asked unanimous consent that Senator Stokes of the 43rd be excused. The consent was granted, and Senator Stokes was excused.

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

SB 357. By Senator Hudgens of the 47th:

A BILL to be entitled an Act to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," so as to redefine a term; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title, security interests, and liens, so as to change certain provisions relating to definitions; to change certain provisions relating to salvaged or rebuilt motor vehicles, inspections, and fees; to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," so as to redefine a term; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, security interests, and liens, is amended in Code Section 40-3-2, relating to definitions, by striking paragraph (9) of said Code section and inserting in its place the following and by adding a new paragraph (11.1) to read as follows:
"(9) 'Major component part' means any one of the following subassemblies of a motor vehicle:
(A) Front clip assembly (fenders, hood, and bumper); (B) Rear clip assembly (quarter panels, and floor panel assembly, and roof assembly, excluding a soft top); (C) Engine and transmission; (D) Top, with the exception of soft tops; (E)(D) Frame; or (F)(E) Complete side (fenders, door, and quarter panel)." "(11.1) 'Salvaged-repaired motor vehicle' means any motor vehicle which has been damaged and subsequently restored to an operable condition by the replacement of less than two major component parts."
SECTION 2. Said chapter is further amended in Code Section 40-3-36, relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, by striking subparagraph (a)(2)(A) and by striking subsections (d) and (e) of said Code section in their entirety and inserting in their places the following:
"(2)(A) The registered owner of any motor vehicle which is damaged to the extent that its restoration to an operable condition would require the replacement of the front clip assembly, which includes the fenders, hood, and bumper; the rear clip assembly, which includes the quarter panels, and the floor panel assembly, and the roof assembly, excluding a soft top; the top assembly, excluding a soft top; the frame; and a complete side, which includes the fenders, door, and quarter panel shall mail or deliver the certificate of title to the commissioner for cancellation." "(d) Any certificate of title which is issued to a salvage motor vehicle, as provided for in this Code section, shall contain the word 'salvage' on the face of the certificate in such a manner as the commissioner may prescribe, so as to indicate clearly that the motor vehicle described is a salvage motor vehicle. The legend 'salvaged-repaired' shall be placed on a certificate of title which was declared a salvage vehicle and subsequently repaired with less than two major component parts to restore the vehicle to an operable condition. (e) Notwithstanding this subsection and subsections (c) and (d) of Code Section 40-337, the legend 'rebuilt' or 'salvage' or 'salvaged-repaired' shall only be required to be

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placed on the certificate of title to a vehicle which was declared a salvage vehicle on or after July 1, 1979 2004, and which was subsequently rebuilt."
SECTION 3. Said chapter is further amended in Code Section 40-3-37, relating to salvaged or rebuilt motor vehicles, inspections, fees, exemption of motorcycles, and glider kits, by striking subsections (b) through (d) of said Code section in their entirety and inserting in their place the following:
"(b)(1) Upon receipt of an application for a certificate of title on a salvaged or rebuilt motor vehicle, the commissioner shall promptly conduct an initial inspection on each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. Upon receipt of an application for a certificate of title on a recovered stolen motor vehicle which has been stripped of:
(A) Substantially all its interior parts; (B) Engine; (C) Transmission; (D) All doors; (E) Complete soft top assembly including roof mechanism; (F) Front clip assembly (fenders, hood, and bumper); or (G) Cab and bed of a pick-up truck, the commissioner shall promptly conduct an initial inspection on each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. The initial inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components, verification in regard to rebuilt vehicles that the word 'rebuilt' is permanently affixed as required by subsection (d) of this Code section, verification that the vehicle was rebuilt in the State of Georgia, and, if the vehicle has been repaired, verification that the motor vehicle conforms to all safety equipment standards required by law. The commissioner shall be authorized to charge a fee of $50.00 $100.00 for each initial inspection of each motor vehicle inspected. In the event a third or subsequent reinspection is required for any one motor vehicle fails an inspection, under this Code section, the commissioner shall be authorized to charge a fee of $50.00 $100.00 for the third and shall be charged for each subsequent reinspection. The commissioner may conduct any such initial inspection and any required reinspections even though the motor vehicle may have been previously inspected under this Code section. (2) If, upon inspection under paragraph (1) of this subsection, it is determined that the motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of title until compliance is reached. The commissioner may order additional, corrective repairs to such vehicle as a condition of issuance of a certificate of title. (c) All applications submitted pursuant to this Code section shall be accompanied by one or more photographs of the motor vehicle in its salvaged condition before any

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repairs have been made to such vehicle, which photographs shall be used by the commissioner in his or her inspections of the vehicle pursuant to this Code section. Any person who rebuilds or repairs a salvage motor vehicle shall submit an application for a certificate of title and obtain an inspection of such vehicle prior to the painting of such vehicle.
(d)(1)(A) Upon inspection under subsection (b) of this Code section, if it is determined that the motor vehicle has been restored to an operable condition by the replacement of less than two or more major component parts, a certificate of title may be issued for such motor vehicle which shall contain the word 'rebuilt' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a rebuilt motor vehicle. If any such inspection determines that the motor vehicle shall require the replacement of less than two or more major component parts in order to restore the motor vehicle to an operable condition, a certificate of title may shall be issued for such motor vehicle which shall contain the word 'salvage' words 'salvaged-repaired' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a salvage salvaged-repaired motor vehicle. (B) If it is determined that the motor vehicle required or shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, the person, firm, or corporation restoring or owning such motor vehicle shall cause the word 'rebuilt' to be permanently affixed to said motor vehicle after inspection by the commissioner. The word 'rebuilt' shall be affixed in a clear and conspicuous manner to the door post or such other location as the commissioner may prescribe. The word 'rebuilt' shall be stamped on the motor vehicle or shall be stamped on a metal plate which shall be riveted to the motor vehicle or shall be permanently affixed to the motor vehicle in such manner as the commissioner may prescribe. The requirement of this subparagraph shall only apply to motor vehicles restored after November 1, 1982. (2) Upon inspection by the commissioner and compliance with paragraph (2) of subsection (b) of this Code section, if it is determined that the motor vehicle does not require the replacement of two or more major components or has not had two or more major components changed, a certificate of title may shall be issued and shall contain the words 'salvaged-repaired' on its face. (3) If, after the initial inspection, the commissioner determines that the damage is so extensive that returning such vehicle to a safe, operable condition is impossible, the salvage certificate shall be revoked and such vehicle may only be used for scrap or parts. A vehicle for which such a determination is made shall not be issued a title under any circumstances or conditions including but not limited to obtaining of a surety bond."
SECTION 4. Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers

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Registration Act," is amended by striking paragraph (11) and inserting in lieu thereof the following:
"(11) 'Rebuilder' means any person, partnership, limited liability company, firm, or corporation engaged in the business of buying more than three used, salvage, or wrecked motor vehicles per year for the purpose of restoring or rebuilding them with used or new motor vehicle parts, or both, to be sold as motor vehicles."

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

Senator Hudgens of the 47th moved that the Senate agree to the House substitute to SB 357.

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

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

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

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

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 357.

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

Mr. President:

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The House has agreed to the Senate substitutes to the following Bills of the House:

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 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 the report of the Committee of Conference on the following Resolution of the House:

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.

Senator Levetan of the 40th introduced Renee Warbin, Michael Morris and Stephanie Oswald, commended by SR 891, adopted previously. Michael Morris addressed the Senate briefly.

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

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.

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The House substitute was as follows:
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 self-service storage facility shall not be a bailee; to provide for presumed delivery of notice; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Self-service Storage Facility Act," is amended by striking in its entirety paragraph (4) of Code Section 10-4-211, relating to definitions, and inserting in lieu thereof the following:
"(4) 'Personal property' means movable property not affixed to land and includes, but is not limited to, goods, wares, merchandise, motor vehicles, watercraft, and household items and furnishings. It specifically excludes motor vehicles or other property evidenced by certificate of title."
SECTION 2. Said article is further amended by striking in its entirety Code Section 10-4-213, relating to the enforcement of a lien without judicial intervention, and inserting in lieu thereof the following:
"10-4-213. Provided that it complies with the requirements of this Code section, an owner may enforce the lien without judicial intervention. Owner shall obtain from occupant a written rental agreement which includes the following language:
This agreement, made and entered into this ______ day of ______________, ____, by and between ____________, hereinafter called Owner, and _______________, hereinafter called Occupant, whose last known address is _________________. For the consideration hereinafter stated, the Owner agrees to let the Occupant use and occupy a space in the self-service storage facility, known as ____________________, situated in the City of __________, County of ________, State of Georgia, and more particularly described as follows: Building #______, Space #_____, Size ________. Said space is to be occupied and used for the purposes specified herein and subject to the conditions set forth for a period of _______, beginning on the ______ day of ______________, ____, and continuing month to month until terminated. 'Space,' as used in this agreement, will be that part of the self-service storage facility as described above. The Occupant agrees to pay the Owner, as payment for the use of the space and improvements thereon, the monthly sum of $________. Monthly

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installments are payable in advance on or before the first of each month, in the amount of $________, and a like amount for each month thereafter, until the termination of this agreement. If any monthly installment is not paid by the tenth of the month due, or if any check given in payment is dishonored, Occupant shall be deemed to be in default. Occupant further agrees to pay the sum of one months fees, which shall be used as a clean-up and maintenance fund, and is to be used, if required, for the repair of any damage done to the space and to clean up the space at the termination of the agreement. In the event that the space is left in a good state of repair, and in a broomswept condition, then this amount shall be refunded to the Occupant. However, it is agreed to between the parties that the Owner may set off any claims it may have against the Occupant from this fund. The space named herein is to be used by the Occupant solely for the purpose of storing any personal property belonging to the Occupant. The Occupant agrees not to store any explosives or any highly inflammable goods or any other goods in the space which would cause danger to the space. The Occupant agrees that the property will not be used for any unlawful purposes and the Occupant agrees not to commit waste, nor alter, nor affix signs on the space, and to keep the space in good condition during the term of this agreement. OWNER HAS A LIEN ON ALL PERSONAL PROPERTY STORED IN OCCUPANTS SPACE FOR RENT, LABOR, OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE PERSONAL PROPERTY, AND FOR ITS PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION PURSUANT TO THIS AGREEMENT. PERSONAL PROPERTY STORED IN OCCUPANTS SPACE WILL BE SOLD OR OTHERWISE DISPOSED OF IF NO PAYMENT HAS BEEN RECEIVED FOR A CONTINUOUS THIRTY-DAY PERIOD AFTER DEFAULT. IN ADDITION, UPON OCCUPANTS DEFAULT, OWNER MAY WITHOUT NOTICE DENY OCCUPANT ACCESS TO THE PERSONAL PROPERTY STORED IN OCCUPANTS SPACE UNTIL SUCH TIME AS PAYMENT IS RECEIVED. IF ANY MONTHLY INSTALLMENT IS NOT MADE BY THE TENTH OF THE MONTH DUE, OR IF ANY CHECK GIVEN IN PAYMENT IS DISHONORED, THE OCCUPANT IS IN DEFAULT FROM DATE PAYMENT WAS DUE. For purposes of Owners lien: 'personal property' means movable property, not affixed to land, and includes, but is not limited to, goods, wares, merchandise, motor vehicles, watercraft, household items, and furnishings; 'last known address' means that address provided by the Occupant in the latest rental agreement or the address provided by the Occupant in a subsequent written notice of a change of address. The Owners lien is superior to any other lien or security interest, except those which are evidenced by a certificate of title or perfected and recorded prior to the date of this rental agreement in Georgia, in the name of the Occupant, either in the county of the Occupants 'last known address' or in the county where the self-service storage facility is located, except any tax lien as provided by law and except those liens or security

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interests of whom the Owner has knowledge through the Occupants disclosure in this rental agreement or through other written notice. Occupant attests that the personal property in his space(s) is free and clear of all liens and secured interests except for ____________. The Owners lien attaches as of the date the personal property is brought to the self-service storage facility. Except as otherwise specifically provided in this rental agreement, the exclusive care, custody, and control of any and all personal property stored in the leased space shall remain vested in the Occupant. The Owner does not become a bailee of the Occupants personal property by the enforcement of the Owners lien. If Occupant has been in default continuously for thirty (30) days, Owner may enforce its lien, provided Owner shall comply with the following procedure:
The Occupant shall be notified in writing by delivery in person or by certified mail or statutory overnight delivery to the last known address of Occupant. The Owner also shall notify other parties with superior liens or security interests as defined in this rental agreement. Such notice shall be presumed delivered when notice of delivery, failure to accept delivery, or the impossibility of delivery is received by Owner as of the date indicated on the proof of delivery, or if there is no proof of delivery, on the fourteenth day after sending as shown by the United States Postal Service or the statutory overnight delivery service. Owners notice to Occupant shall include an itemized statement of the Owners claim showing the sum due, at the time of the notice, and the date when the sum became due. It shall briefly and generally describe the personal property subject to the lien. The description shall be reasonably adequate to permit the person(s) notified to identify it, except that any container included, but not limited to, a trunk, valise, or box that is locked, fastened, sealed, or tied in a manner which deters immediate access to its contents may be described as such without describing its contents. Owners notice shall notify Occupant of denial of access to the personal property and provide the name, street address, and telephone number of the Owner or its designated agent, whom the Occupant may contact to respond to this notice. Owners notice shall demand payment within a specified time, not less than fourteen (14) days after delivery of the notice. It shall state that, unless the claim is paid, within the time stated in the notice, the personal property will be advertised for public sale to the highest bidder, and will be sold at a public sale to the highest bidder, at a specified time and place. After the expiration of the time given in Owners notice, Owner shall publish an advertisement of the public sale to the highest bidder, once a week, for two consecutive weeks, in a newspaper of general circulation where the self-service storage facility is located. The advertisement shall include: a brief and general description of the personal property, reasonably adequate to permit its identification; the address of the self-service storage facility, and the number, if any, of the space where the personal property is located, and the name of the Occupant; and the time, place, and manner of the public sale. The public sale to the highest bidder shall take place not sooner than fifteen (15) days after the first publication. If there is no

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newspaper of general circulation where the self-service storage facility is located, the advertisement shall be posted at least ten (10) days before the date of the public sale and in not less than six (6) conspicuous places in the neighborhood where the selfservice storage facility is located. If no one purchases the property at the public sale and if the Owner has complied with the foregoing procedures, the Owner may otherwise dispose of the property and shall notify the Occupant of the action taken. Any sale or disposition of the personal property shall be held at the self-service storage facility or at the nearest suitable place to where the personal property is held or stored. Before any sale or other disposition of personal property pursuant to this agreement, the Occupant may pay the amount necessary to satisfy the lien and the reasonable expenses incurred and thereby redeem the personal property and thereafter the Owner shall have no liability to any person with respect to such personal property. A Purchaser in good faith of the personal property sold to satisfy Owners lien takes the property free of any rights of persons against whom the lien was valid, despite noncompliance by the Owner with the requirements of this agreement. In the event of a sale, the Owner may satisfy his lien from the proceeds of the sale. The Owner shall hold the balance of the proceeds, if any, for the Occupant or any notified secured interest holder. If not claimed within two years of the date of sale, the balance of the proceeds shall be disposed of in accordance with Article 5 of Chapter 12 of Title 44, the 'Disposition of Unclaimed Property Act.' In no event shall the Owners liability exceed the proceeds of the sale."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Cheeks of the 23rd moved that the Senate agree to the House substitute to SB 403.

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

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

Harbison Y Harp
Henson E Hill Y Hooks Y Hudgens Y Jackson Y 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 E Stokes Y Tanksley E Tate Y Thomas,D

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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
Price Y Reed Y Seabaugh

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

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 403.

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.

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

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.

The House substitute was as follows:

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 change certain provisions regarding the time for making homestead exemption applications; to provide for additional appeal procedures with respect to taxpayers who are absent due to military service; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem

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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 2. Said chapter is further amended by striking Code Section 48-5-45, relating to homestead exemption applications, and inserting in its place a new Code Section 48-5-45 to read as follows:
"48-5-45. (a)(1) An applicant seeking a homestead exemption as provided in Code Section 485-44 and qualifying under the provisions of Code Section 48-5-40 shall file a written application and schedule with the tax receiver or tax commissioner charged with the duty of receiving returns of property for taxation: (A) On or before June 1; or (B) In all counties providing for the collection and payment of ad valorem taxes in installments, on or before May 1, or such different date as may be established by local Act at any time during the calendar year subsequent to the property becoming the primary residence of the applicant up to and including March 1 of the following year. (2) The failure to file properly the application and schedule on or before March 1 of a calendar year in which the taxes are due shall constitute a waiver of the homestead exemption on the part of the applicant failing to make the application for such exemption for that year.
(b) In all counties having a population of not less than 100,000 nor more than 103,000 according to the United States decennial census of 2000 or any future such census, the written application and schedule required in subsection (a) of this Code section shall be filed on or before March 1 of the year in which exemption from taxation is sought. (c) Reserved. (d)(b) The owner of a homestead which is actually occupied by the owner as a residence and homestead shall not have to apply for the exemption more than once so long as the owner remains in continuous occupation of the residence as a homestead. The exemption shall automatically be renewed from year to year so long as the owner continuously occupies the residence as a homestead. (e)(c) It is unlawful for any person, firm, or corporation to solicit, either directly or by mail or advertisement, any other person for the purpose of filing on behalf of such other person the application and schedule for homestead exemption required by this Code section if a fee is charged for filing such application and schedule on behalf of such other person. A violation of this subsection shall be a misdemeanor."

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SECTION 3. Said chapter is further amended in Code Section 48-5-311, relating to the creation of county boards of equalization and ad valorem tax appeals, by adding a new subsection at the end thereof, to be designated subsection (l), to read as follows:
"(l) Military service. In the event of the absence of an individual from such individuals residence because of duty in the armed forces, the filing requirements set forth in subparagraph (e)(2)(A) of this Code section and paragraph (2) of subsection (f) of this Code section shall be tolled for a period of 90 days. During this period any member of the immediate family of the individual, or a friend of the individual, may notify the tax receiver or the tax commissioner of the individuals absence due to military service and submit written notice of representation for the limited purpose of the appeal. Upon receipt of this notice, the tax receiver or the tax commissioner shall initiate the appeal."

SECTION 4. (a) Section 1, Section 3, this section, and Section 5 of this Act shall become effective upon their approval by the Governor or upon its becoming law without such approval. (b) Section 2 of this Act shall become effective June 1, 2005.

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

Senator Johnson of the 1st moved that the Senate agree to the House substitute to SB 393.

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

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

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

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

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Y Hall Y Hamrick

Y Reed Seabaugh

Y Zamarripa

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 393.

Senator Butler of the 55th introduced the family of Christopher Jamall Moody, honored by SR 1042, adopted previously. Penny Moody addressed the Senate briefly.

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

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 House amendments were as follows:

House Amendment # 1:

Amend SB 426 by striking "To" at the beginning of line 1 of page 1 and inserting in its place the following: "To amend Code Section 35-1-10 of the Official Code of Georgia Annotated, relating to training in the investigation of family violence incidents, so as to provide for peace officer training in the investigation of sexual offense cases; to"

By adding after line 6 of page 1 the following:

"SECTION 1. Code Section 35-1-10 of the Official Code of Georgia Annotated, relating to training in the investigation of family violence incidents, is amended by striking said Code section in its entirety and inserting in its place the following:
'35-1-10. (a) The Georgia Peace Officer Standards and Training Council and the Georgia Public Safety Training Center shall establish guidelines and procedures for the incorporation of training materials and information in:
(1) Methods methods for identifying, combating, and reporting family violence incidents; and (2) Methods for identifying and reporting sexual offenses and assisting victims of

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sexual offenses. (b) The guidelines and procedures listed in subsection (a) of this Code section shall be for use by law enforcement training centers monitored by the Georgia Peace Officer Standards and Training Council and monitored and funded by the Georgia Public Safety Training Center in all courses for which they have responsibility and oversight.'"
By redesignating Sections 1 and 2 as Sections 2 and 3, respectively.
House Amendment # 2:
Amend SB 426 by striking lines 1 through 4 of page 1 and inserting in their place the following:
"To amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to change certain provisions regarding requirements for appointment or certification of persons as peace officers; to change certain provisions regarding training requirements for retired peace officers; to repeal conflicting laws;"
By striking lines 8, 9, and 10 of page 1 and inserting in their place the following: "Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, is amended by striking Code Section 35-88, relating to requirements for appointment or certification of persons as peace officers, and inserting in its place a new Code Section 35-8-8 to read as follows:"
By striking line 26 of page 2 and inserting in its place the following: "subsection (a) of this Code section.'"
By inserting between lines 26 and 27 of page 2 the following:
"SECTION 1A. Said chapter is further amended in Code Section 35-8-21, relating to training requirements for peace officers, by striking subsection (f) and inserting in its place a new subsection (f) to read as follows:
'(f) Any person who is registered or certified with the council as a retired peace officer is excused and exempt from compliance with this Code section. A retired peace officer may voluntarily comply with the requirements of this Code section and, in that event, such retired peace officer shall receive such minimal annual training without payment of any fees or costs, but only if sufficient class space is available. Nothing in this subsection shall be deemed to grant an exemption to persons required to complete the annual training requirement of this Code section.'"

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Senator Tolleson of the 18th moved that the Senate agree to the House amendments to SB 426.

On the motion, 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 E Cagle Y Cheeks
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
Lee Y Levetan Y Me V Bremen E Moody Y Mullis Y Price
Reed Y Seabaugh

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

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 426.

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

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.

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The House substitute was as follows:
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 revise provisions relating to certain insurance for employees of district attorneys; 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 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking paragraph (1) of subsection (a) of Code Section 356A-3, relating to membership and vacancies on the Criminal Justice Coordinating Council, and inserting in lieu thereof the following:
"(1) The chairperson of the Georgia Peace Officer Standards and Training Council, the chairperson of the Georgia Organized Crime Prevention Council director of homeland security, the chairperson of the Judicial Council of Georgia, the chairperson of the Prosecuting Attorneys Council of the State of Georgia, the commissioner of corrections, the chairperson of the Board of Corrections, the vice chairperson of the Board of Public Safety, the chairman chairperson of the State Board of Pardons and Paroles, the State School Superintendent, the commissioner of community affairs, the president of the Council of Juvenile Court Judges, the chairperson of the Georgia Public Defender Standards Council, the chairperson of the Children and Youth Coordinating Council, and the commissioner of juvenile justice or their designees shall be ex officio members of the council, as full voting members of the council by reason of their office; and".
SECTION 2. Said title is further amended by repealing and reserving Chapter 7, relating to the Organized Crime Prevention Council.
SECTION 3. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking Code Section 45-9-3, relating to law enforcement personnel serving on temporary assignment, and inserting in lieu thereof the following:
"45-9-3.

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Law enforcement personnel who are participants in any program coordinated and administered by the Georgia Organized Crime Prevention Council, which program provides for the temporary assignment or loan of local law enforcement personnel to other local law enforcement agencies for the purpose of such law enforcement officers serving as undercover agents in criminal investigations or in any other manner or capacity assisting such local agencies in criminal investigations, may be provided protection against personal liability for damages sustained by third parties and arising out of the performance of such law enforcement personnels duties while serving on such temporary assignment or loan. The commissioner of administrative services shall prescribe the terms and conditions under which such personnel may be covered by any liability insurance policy or contract of indemnity or other like or similar programs administered by the commissioner pursuant to this article to provide such protection, provided that persons Personnel employed by the district attorneys of the state, irrespective of the source of the funds used to pay such persons, shall be allowed to purchase policies of liability insurance and contracts of indemnity insurance and for the purpose of this article shall be considered to be state employees personnel, may be covered by any liability insurance policy or contract of indemnity, reimbursement, or other like or similar programs administered by the commissioner pursuant to this article and, for the purpose of this article, such personnel employed by a district attorney shall be considered to be state employees. The commissioner of administrative services shall prescribe the terms and conditions under which any liability insurance policy or contract of indemnity, reimbursement, or other like or similar programs administered by the commissioner pursuant to this article shall be made available to personnel employed by a district attorney. The cost of such liability insurance policy or contract of indemnity, reimbursement, or other like or similar programs shall be paid by the Prosecuting Attorneys Council of the State of Georgia out of such funds as may be appropriated to or otherwise available for the operations of district attorneys."

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 Hamrick of the 30th moved that the Senate agree to the House substitute to SB 427.

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

Y Adelman Y Balfour
Blitch

Harbison Y Harp Y Henson

Y Seay Y Shafer
Smith,F

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

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

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

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 427.

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

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.

The House substitute was as follows:

A BILL TO BE ENTITLED AN ACT

To provide for farm water conservation and records of measures of farm water use; 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 amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change certain provisions relating to when public disclosure of records is not

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required and disclosure of exempting authority; 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 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, is amended by adding a new Code section at the end thereof, to be designated Code Section 2-6-52, to read as follows:
"2-6-52. (a) There is created the Agricultural Water Conservation Incentive Program. The program shall be developed, implemented, and supervised by the State Soil and Water Conservation Commission. (b) The purpose of the program shall be to provide incentives to agricultural producers to foster water conservation and enhance water quality. (c) Participation in the program shall be voluntary. (d) The program shall include all 159 counties and 40 soil and water conservation districts. (e) Priority designations for inclusion in the program shall be under the authority of the State Soil and Water Conservation Commission. (f) Areas shall be included in the program as the funds are appropriated and the technical assistance becomes available from the local soil and water conservation district or the State Soil and Water Conservation Commission. (g) Funding may be provided to assist practices including but not limited to diversions, filter strips, fencing along streams, field borders, alternative watering systems, critical area plantings, grassed waterways, terraces, surface-water retention structures, heavyuse areas, closures of farm animal manure lagoons, riparian buffers or equivalent controls, animal manure waste systems and application, manure stack houses and other manure-holding structures, irrigation system enhancements, and other projects that foster water conservation and enhance water quality. (h) Priority designation for inclusion in this program for state funding shall be given to projects that foster water conservation and enhance water quality. To be eligible for cost share funds under this Code section, a project shall be evaluated before funding is awarded and after the project is completed to determine the impact on water quality."
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 the 52 large watershed basins as

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identified by the eight-digit United States Geologic Survey hydrologic code or an aquifer that do not reveal farm water use by individual farms shall be subject to disclosure under this article;"
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 Williams of the 19th moved that the Senate agree to the House substitute to SB 436.

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

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

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

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

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 436.

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

SB 453. By Senators Hamrick of the 30th, Smith of the 52nd and Cagle of the 49th:

A BILL to be entitled an Act to amend Code Section 48-5-48.1 of the Official Code of Georgia Annotated, relating to procedures applicable to the freeport

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personal property inventory exemption, so as to provide for renewal notices; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
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 renewal notice procedures applicable to the freeport personal property inventory exemption; to provide for periods of limitation with respect to assessment of ad valorem taxes with respect to personal property; to provide for procedures, conditions, and limitations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended in Code Section 48-5-48.1, relating to procedures applicable to the freeport personal property inventory exemption, 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. 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 with respect to personal property 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 for 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 such personal 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 personal property tax return or report filed with the intent to evade tax, or if the property owner has been notified of a pending audit of personal property, the amount of

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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 chapter with respect to personal property, 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 such 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 such 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 such tax after the expiration of the period for assessment."

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

Senator Hamrick of the 30th moved that the Senate agree to the House substitute to SB 453.

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

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

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

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

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On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 453.
Senator Butler of the 55th asked unanimous consent that Senator Thomas of the 10th be excused. The consent was granted, and Senator Thomas of the 10th was excused.
The following bill was taken up to consider House action thereto:
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.
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Department of Early Care and Learning as successor to the Office of School Readiness; to provide for the duties and powers of such department; to provide that such department shall be a separate budget unit; to define terms; to provide for a board; to provide for members and their appointment, terms, vacancies, officers, expenses, and duties; to provide for rules and regulations; to provide for a commissioner and such officials appointment, compensation, and duties; to transfer to the department certain powers, duties, and functions relating to the regulation of child care and the quality of child care; to delete obsolete provisions; to protect the retirement rights of certain employees previously transferred; to provide for succession to rules, regulations, policies, procedures, and administrative orders of the Office of School Readiness; to provide for the transfer of assets and employees; to provide for succession to certain rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources and the Georgia Child Care Council; to provide for licensing, commissioning, and registration of day-care centers, family day-care homes, child care learning centers, and group day-care homes; to restrict the departments authority regarding the content of educational curriculum; to provide for exceptions; to provide for minimum space

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requirements; to provide for assistance in meeting the departments rules and regulations; to provide for temporary licenses, commissions, and registrations; to provide for refusal to issue a license, registration, or commission; to provide for display of licenses, registrations, and commissions; to provide for the application of the "Georgia Administrative Procedure Act"; to provide for inspection of early care and education programs; to provide for periodic reports; to provide for the misdemeanor offense of operating an early care and education program without a license, commission, or registration; to provide for injunctions; to provide for civil penalties, notice, opportunity to show in writing why a civil penalty should not be imposed, appeal, and collection; to authorize penalties for material misrepresentations, failure to provide access, failure to comply with licensing requirements, and violations; to provide for investigations; to provide for assessment of expenses; to provide for immunity; to provide for emergency monitors and procedures for orders and preliminary hearings; to authorize variances and waivers from rules and regulations; to provide for inspection warrants and the conditions for their issuance, the form and contents of such warrants, and to provide that evidence discovered pursuant to an inspection warrant is not competent as evidence in criminal proceedings; to provide for assistance from other state departments, agencies, officers, and employees; to authorize transfer of certain functions from the Department of Education; to provide for requirements relating to criminal records checks for directors and employees of centers; to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to redesignate and transfer to Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to the Office of School Readiness, provisions relating to the Georgia Child Care Council; to revise provisions relating to the membership of the council; to delete provisions relating to the director of the council, the councils attachment to the Department of Human Resources for administrative purposes, and funding for costs of the council; to provide that the council shall advise the Board and Commissioner of Early Care and Learning; to provide for duties of the lead agency and the department relating to federal funding and improvement of the quality, availability, and affordability of child care; to delete provisions relating to regulation of day-care centers, family day-care homes, and group day-care homes; to revise the duties of the Department of Human Resources relating to regulation of child-placing agencies, child-caring institutions, and maternity homes; to provide that commissioned child welfare agencies operate in accordance with the same rules and regulations as licensed child welfare agencies; to provide for refusing a license or commission to a child welfare agency; to delete a provision relating to employment of persons who have been convicted of specified offenses; to revise a provision relating to criminal records checks for emergency temporary employees, foster parents, and adults residing in a foster care home; to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards, Code Section 42-112 of the Official Code of Georgia Annotated, relating to registration of sexually violent predators, and Code Section 48-7-40.6 of the Official Code of Georgia Annotated, relating to tax credits for employers providing child care, in conformity with the creation of the new department and the transfer to it of duties relating to the regulation of child

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care; to amend various provisions of the Official Code of Georgia Annotated in conformity with the name of the new department; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking Chapter 1A, relating to the Office of School Readiness, and inserting in lieu thereof the following:
"CHAPTER 1A ARTICLE 1
20-1A-1. The Office of School Readiness Department of Early Care and Learning is created as a department of the executive branch of state government, and said office and shall have the duties, responsibilities, functions, powers, and authority set forth in this chapter and otherwise provided by law. The Office of School Readiness shall be assigned for administrative purposes only, as that term is defined in Code Section 50-4-3, to the Department of Education. The Department of Early Care and Learning is the successor to the Office of School Readiness and shall have the duties, responsibilities, functions, powers, authority, employees, office equipment, furniture, and other assets formerly held by the Office of School Readiness. The Department of Early Care and Learning shall be a separate budget unit.
20-1A-2. As used in this chapter, the term:
(1) 'Director' means the director of the Office of School Readiness. (2) 'Office' means the Office of School Readiness. (1) 'Board' means the Board of Early Care and Learning. (2) 'Child care learning center' means a day-care center that participates in Georgias Pre-K Program. (3) 'Commissioner' means the commissioner of the Department of Early Care and Learning. (4) 'Day-care center' means any place operated by a person, society, agency, corporation, institution, or group wherein are received for pay for group care for less than 24 hours per day, without transfer of legal custody, 19 or more children under 18 years of age. (5) 'Department' means the Department of Early Care and Learning. (6) 'Early care and education programs' include all family day-care homes, group day-care homes, day-care centers, and child care learning centers. (7) 'Early childhood' means the period of childhood from birth to age six.

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(8) 'Family day-care home' means a private residence operated by any person who receives therein for pay for supervision and care fewer than 24 hours per day, without transfer of legal custody, at least three but not more than six children under 18 years of age who are not related to such person and whose parents or guardians are not residents in the same private residence. (9) 'Group day-care home' means any place operated by any person or group wherein are received for pay not less than seven nor more than 18 children under 18 years of age for care and supervision for less than 24 hours per day.
20-1A-3. (a) There is created a Board of Early Care and Learning and a commissioner of early care and learning. (b) The board shall consist of one member from each congressional district appointed by the Governor. In as far as it is practical, the members of the board shall be representative of all areas and functions encompassed within the early childhood care and education community. In appointing members to their initial terms, the Governor shall designate five members for two-year terms, four members for three-year terms, and four members for five-year terms. Subsequent appointments shall be for five-year terms. Members shall serve until their successors are appointed. In the event of a vacancy on the board for any reason other than expiration of a term, the Governor shall appoint a person from the same congressional district to fill the vacancy for the unexpired term. (c) The board shall elect from its members a chairperson and such other officers as the board considers necessary. The board shall adopt bylaws for the conduct of its activities. The members of the board shall receive per diem and expense reimbursement as shall be determined and approved by the Office of Planning and Budget in conformity with rates and allowances determined for members of other state boards. (d) The board shall determine policies and promulgate rules and regulations for the operation of the department including:
(1) Functions formerly performed by the Office of School Readiness, including, but not limited to, Even Start; (2) Functions transferred to the department from the Department of Human Resources relating to day-care centers, group day-care homes, family day-care homes, and other functions as agreed upon by the department and the Department of Human Resources in accordance with Code Section 20-1A-8; (3) Functions transferred to the department from the Georgia Child Care Council pursuant to Code Section 20-1A-63; and (4) Functions relating to early childhood education programs transferred from the Department of Education by agreement in accordance with Code Section 20-1A-17. (e) The board shall oversee the budget of the department and shall submit an annual request for funding to the Office of Planning and Budget in accordance with Code Section 45-12-78. (f) The commissioner shall be the chief administrative and executive officer of the

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office shall be the director, who department. The commissioner shall be appointed by and serve at the pleasure of the Governor. The director shall be responsible for the performance and exercise of the duties, responsibilities, functions, powers, and authority imposed upon the director and the office by law. The director commissioner shall be in the unclassified service of the state merit system and shall receive a salary to be determined by the Governor. (b)(g) The director commissioner shall have the authority to employ all personnel of the office department, subject to the provisions of this chapter, and all applicable provisions of other laws governing public employment, and the policies, procedures, rules, and regulations of the board. (c) The director shall promulgate rules and regulations and establish procedures to carry out the provisions of this chapter.
20-1A-4. The Office of School Readiness Department of Early Care and Learning shall have the following powers and duties:
(1) To administer such programs and services as may be necessary for the operation and management of voluntary pre-kindergarten, which shall be known as 'Georgias Pre-K Program'; (2) To administer such programs and services as may be necessary for the operation and management of preschool and child development programs, such as Even Start and child care regulation and food programs; (3) To act as the agent of the federal government in conformity with this chapter and the administration of any federal funds granted to the state to aid in the furtherance of any functions of the office; and department; (4) To assist local units of administration in this state so as to assure the proliferation of services under this chapter; (5) To regulate early care and education programs in accordance with this chapter; (6) To perform the functions set out in Code Section 20-1A-64, relating to improvement of the quality, availability, and affordability of child care in this state; (7) To serve as the Head Start state collaboration office; (8) To perform any other functions as agreed upon between the department and the Department of Human Resources, pursuant to Code Section 20-1A-8; (9) To perform any other functions as agreed upon between the department and the Department of Education, in accordance with Code Section 20-1A-17; and (10) To exercise the powers reasonably necessary to accomplish the purposes of this chapter, including, but not limited to, contracting for services.
20-1A-5. (a) Effective April 15, 1996, the Office of School Readiness shall carry out all of the functions and exercise all of the powers formerly held by the Department of Education for the operation and management of the pre-kindergarten, Even Start, and child care food programs. Subject to subsection (c) of this Code section, all persons employed by

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and positions authorized for the Department of Education to perform these functions on April 14, 1996, shall, on April 15, 1996, be transferred to the Office of School Readiness. All office equipment, furniture, and other assets in possession of the Department of Education which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the Office of School Readiness on April 15, 1996. (b) Effective April 15, 1996, the Office of School Readiness shall carry out all of the functions and exercise all of the powers formerly held by the Department of Human Resources for the operation and management of child care regulation services. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Human Resources to perform functions relating to the licensure and certification of pre-kindergarten programs on April 14, 1996, shall, on April 15, 1996, be transferred to the Office of School Readiness. All office equipment, furniture, and other assets in possession of the Department of Human Resources which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the Office of School Readiness on April 15, 1996. (c) All transfers of employees and assets provided for in subsections (a) and (b) of this Code section shall be subject to the approval of the director, and such personnel or assets shall not be transferred if the director determines that a specific employee or asset should remain with the transferring agency. (d) Employees of the office shall serve in the unclassified service of the state merit system as defined by Code Section 45-20-6. Persons who have transferred to the office pursuant to subsection (a) or (b) of this Code section who are in the classified service of the state merit system at the time of the transfer may elect to remain in such classified service and be governed by the provisions thereof; provided, however, that if any such person accepts a promotion or transfers to another position, that person shall become an employee in the unclassified service. (e) All employees of the Office of School Readiness who are employed after April 15, 1996, shall become members of the Employees Retirement System of Georgia consistent with the provisions of Code Section 47-2-70.1. (f) Persons who are transferred to the Office of School Readiness pursuant to subsection (a) or (b) of this Code section who are members of the Employees Retirement System of Georgia created in Chapter 2 of Title 47 or the Teachers Retirement System of Georgia created in Chapter 3 of Title 47 can elect to continue membership in the same retirement system in which such person already is a member in accordance with applicable laws, rules, and regulations. All rights, credits, and funds in any such retirement system which are possessed by state personnel transferred by provisions of this chapter to the Office of School Readiness, or otherwise held by persons at the time of employment with the Office of School Readiness, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the Office of School Readiness, unless such persons fail to elect to continue membership in the same retirement system in which such persons already are

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members. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the Office of School Readiness. Except as provided in this subsection, no employment benefit of any employee transferring to the Office of School Readiness shall be impaired. (g) Funding for functions and positions transferred to the Office of School Readiness under this chapter shall be transferred as provided in Code Section 45-12-90. This chapter shall not be construed to impair or affect the rights of persons previously transferred to the Office of School Readiness who were members of the Teachers Retirement System of Georgia created in Chapter 3 of Title 47 and who elected to continue membership in such retirement system in accordance with previous law.
20-1A-6. The Office of School Readiness shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Education or Department of Human Resources, where applicable, which are in effect on April 15, 1996, and which relate to the functions transferred to the department. Such rules, regulations, policies, and procedures shall remain in effect until amended, repealed, superseded, or nullified by the director. The department shall succeed to all rules, regulations, policies, procedures, and pending and finalized administrative orders of the Office of School Readiness which are in effect on September 30, 2004. Such rules, regulations, policies, and procedures shall remain in effect until amended, repealed, superseded, or nullified by the board or commissioner, as applicable.
20-1A-7. On and after July 1, 2002, each Each newly printed publication, poster, banner, or sign created for the pre-kindergarten program by the Office of School Readiness department or a provider of pre-kindergarten services shall refer to the program as 'Georgias Pre-K Program.'
20-1A-8. (a) Effective October 1, 2004, the department shall carry out all of the functions and exercise all of the powers formerly held by the Department of Human Resources for the regulation and licensure of early care and education programs and any other functions as agreed upon by the department and the Department of Human Resources. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Human Resources to perform functions relating to the licensure and certification of early care and education programs and any other functions as agreed upon by the department and the Department of Human Resources on September 30, 2004, shall on October 1, 2004, be transferred to the department. All office equipment, furniture, and other assets in possession of the Department of Human Resources which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the department on October 1, 2004.

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(b) Effective October 1, 2004, notwithstanding the advisory functions of the Georgia Child Care Council included in Code Section 20-1A-63, the department shall carry out the functions and exercise the powers formerly held by the Georgia Child Care Council under former Article 11 of Chapter 5 of Title 49. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Georgia Child Care Council to perform functions relating to the recommendation of measures to improve the quality, availability, and affordability of child care in this state on September 30, 2004, shall on October 1, 2004, be transferred to the department. All office equipment, furniture, and other assets in possession of the Georgia Child Care Council or the Department of Human Resources which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the department on October 1, 2004. (c) All transfers of employees and assets provided for in subsections (a) and (b) of this Code section shall be subject to the approval of the commissioner, and such personnel or assets shall not be transferred if the commissioner determines that a specific employee or asset should remain with the transferring agency. (d) Employees of the department shall serve in the unclassified service of the state merit system as defined by Code Section 45-20-6. Persons who have transferred to the department pursuant to subsections (a) and (b) of this Code section who are in the classified service of the state merit system at the time of the transfer may elect to remain in such classified service and be governed by the provisions thereof; provided, however, that if any such person accepts a promotion or transfers to another position, that person shall become an employee in the unclassified service. (e) All rights, credits, and funds in the Employees Retirement System of Georgia created in Chapter 2 of Title 47 which are possessed by state personnel transferred by provisions of this Code section to the department, or otherwise held by persons at the time of employment with the department, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the department. No employment benefit of any employee transferring to the department shall be impaired. (f) Funding for functions and positions transferred to the department under this Code section shall be transferred as provided in Code Section 45-12-90.
20-1A-9. The department shall succeed to all rights and responsibilities relating to licensure and regulation of day-care centers, group day-care homes, and family day-care homes, including such rules, regulations, policies, procedures, and pending and finalized administrative orders of the Department of Human Resources, the Georgia Child Care Council, and the Office of State Administrative Hearings, where applicable, which are in effect on September 30, 2004, and which relate to the functions transferred to the department pursuant to Code Section 20-1A-8. Such rights, responsibilities, licenses issued pursuant to previous law, procedures, and orders shall remain in effect until

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amended, repealed, superseded, or nullified by the commissioner. Such rules, regulations, and policies shall remain in effect until amended, repealed, superseded, or nullified by the board.
20-1A-10. (a) The department is authorized and empowered to establish, maintain, extend, and improve throughout the state, within the limits of funds appropriated for such purposes, the regulation of early care and education programs by providing consultation and making recommendations concerning establishment and implementation of such programs and by licensing and inspecting periodically all such programs to ensure their adherence to this chapter and rules and regulations promulgated by the board. (b) Day-care centers and child care learning centers operated as part of a local church ministry or a nonprofit religious school or a nonprofit religious charitable organization may notify the department annually and be commissioned in lieu of being licensed upon request for commission. Commissioned day-care centers and child care learning centers shall operate in accordance with the same procedures, standards, rules, and regulations which are established by the board for the operation of licensed day-care centers and child care learning centers. Any day-care center or child care learning center operated as part of a local church ministry or a nonprofit religious school or a nonprofit religious charitable organization may elect to apply for a commission as provided for in subsection (c) of this Code section. (c) All early care and education programs shall be licensed or commissioned annually by the department in accordance with procedures, standards, rules, and regulations to be established by the board; provided, however, that the department may require persons who operate family day-care homes to register with the department. (d) The department shall publish and make available to early care and education programs and interested persons a list of guidelines for quality child care. (e) After an early care and education program has been licensed, commissioned, or registered by the department as provided in this chapter, the program shall not be required to have a permit to operate a food service establishment as required in Code Section 26-2-371, provided that rules and regulations for food service have been incorporated in the regulations for licensing, commissioning, or registering such programs. (f) The department shall not be authorized to prescribe, question, or regulate the specific content of educational curriculum taught by an early care and education program, except to the extent that a program operates Georgias Pre-K Program or any other voluntary educational program administered by the department. (g) Persons who operate early care and education programs shall be required to post in a conspicuous place next to telephones in the home or center the telephone numbers of the nearest or applicable providers of emergency medical, police, and fire services. (h) Persons who operate early care and education programs shall post signs prohibiting smoking to carry out the purposes of paragraph (4) of subsection (a) of Code Section 16-12-2.

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(i) Group day-care homes, day-care centers, and child care learning centers shall provide a minimum of 35 square feet of usable space consisting of indoor play areas, rest areas, and dining facilities for each child present in the facility. Day-care centers and child care learning centers will be allowed to designate in writing to the department two one-hour periods daily during which 25 square feet of usable space per child for children aged three years and older may be provided. Notwithstanding the limitation to 18 children prescribed in Code Section 20-1A-2, group day-care homes will be allowed to designate in writing to the department two one-hour periods daily during which 25 square feet of usable space per child for children aged three years and older may be provided. Notwithstanding the limitation to six children prescribed in Code Section 201A-2, a family day-care home operator may care for two additional children aged three years and older for two designated one-hour periods daily. Notwithstanding the provisions of this subsection, all other applicable rules and regulations shall apply. (j) The department shall assist applicants, licensees, registrants, or persons holding commissions in meeting rules and regulations of the department for early care and education programs. (k) Application for a license, commission, or registration for an early care and education program shall be made to the department upon forms furnished by the department. Upon receipt of an application for a license, registration, or commission and upon presentation by the applicant of evidence that the early care and education program meets the rules and regulations prescribed by the department, the department shall issue such early care and education program a license, registration, or commission for a one-year period. (l) If the department finds that any early care and education program applicant does not meet rules and regulations prescribed by the department but is attempting to meet such rules and regulations, the department may, in its discretion, issue a temporary license, registration, or commission to such early care and education program, but such temporary license, registration, or commission shall not be issued for more than a oneyear period. Upon presentation of satisfactory evidence that such program is making progress toward meeting prescribed rules and regulations of the department, the department may, in its discretion, reissue such temporary license, registration, or commission for one additional period not to exceed one year. As an alternative to a temporary license, registration, or commission, the department, in its discretion, may issue a restricted license, registration, or commission which states the restrictions on its face. (m) The department shall refuse to issue a license, registration, or commission upon a showing of:
(1) Noncompliance with the rules and regulations for day-care centers, family daycare homes, group day-care homes, or child care learning centers which are designated in writing to the facilities as being related to childrens health and safety; (2) Flagrant and continued operation of an unlicensed, unregistered, or uncommissioned facility in contravention of the law; or (3) Prior license, registration, or commission denial or revocation within one year of

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application. (n) All licensed, registered, or commissioned early care and education programs shall prominently display the license, registration, or commission issued to such program by the department at some point near the entrance of the premises of such program that is open to view by the public. (o) The departments action revoking or refusing to renew or issue a license, registration, or commission required by this Code section shall be preceded by notice and opportunity for a hearing and shall constitute a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that only 30 days notice in writing from the commissioners designee shall be required prior to license, registration, or commission revocation and except that hearings held relating to such action by the department may be closed to the public if the hearing officer determines that an open hearing would be detrimental to the physical or mental health of any child who will testify at that hearing. (p) It shall be the duty of the department to inspect at regular intervals all licensed, registered, or commissioned early care and education programs within the state. The department shall have right of entrance, privilege of inspection, and right of access to all children under the care and control of the licensee, registrant, or commissionee. (q) If any flagrant abuses, derelictions, or deficiencies are made known to the department or its duly authorized agents during their inspection of any early care and education program or if, at any time, such are reported to the department, the department shall immediately investigate such matters and take such action as conditions may require. (r) If abuses, derelictions, or deficiencies are found in the operation and management of any early care and education program, they shall be brought immediately to the attention of the management of such program; and if correctable, but not corrected within a reasonable time, the department shall revoke the license, registration, or commission of such program in the manner prescribed in this Code section. (s) The department may require periodic reports from early care and education programs in such forms and at such times as the department may prescribe. (t) Any person who shall operate an early care and education program without a license, registration, or commission issued by the department shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $50.00 nor more than $200.00 for each such offense. Each day of operation without a license, registration, or commission shall constitute a separate offense. (u) The department may, without regard to the availability of other remedies, including administrative remedies, seek an injunction against the continued operation of an early care and education program without a license, registration, or commission or the continued operation of an early care and education program in willful violation of this chapter or of any regulation of the department or of any order of the department. (v) The term 'licensed day-care center' shall include a commissioned day-care center and commissioned child care learning center and any references in this Code to a licensed day-care center, including criminal, administrative, and civil provisions

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applicable to licensed day-care centers, shall include and apply to commissioned daycare centers and commissioned child care learning centers unless otherwise provided in this Code section.
20-1A-11. (a) Any person who violates the provisions of Code Section 20-2A-10 or who hinders, obstructs, or otherwise interferes with any representative of the department in the discharge of that persons official duties in making inspections as provided in such Code section or in investigating complaints as provided in such Code section shall be guilty of a misdemeanor.
(b)(1) Any person who: (A) Violates any licensing, commissioning, or registration provision of this chapter or any rule, regulation, or order issued under this chapter or any term, condition, or limitation of any license, commission, or registration certificate under this chapter thereby subjecting a child in care to injury or a life-threatening situation; or (B) Commits any violation for which a license, commission, or registration certificate may be revoked under rules or regulations issued pursuant to this chapter
may be subject to a civil penalty, to be imposed by the department, not to exceed $500.00. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. (2) Whenever the department proposes to subject a person to the imposition of a civil penalty under this subsection, it shall notify such person in writing:
(A) Setting forth the date, facts, and nature of each act or omission with which the person is charged; (B) Specifically identifying the particular provision or provisions of the Code section, rule, regulation, order, license, commission, or registration certificate involved in the violation; and (C) Advising of each penalty which the department proposes to impose and its amount. Such written notice shall be sent by registered or certified mail or statutory overnight delivery by the department to the last known address of such person. The person so notified shall be granted an opportunity to show in writing, within such reasonable period as the department shall by rule or regulation prescribe, why such penalty should not be imposed. The notice shall also advise such person that, upon failure to pay the civil penalty subsequently determined by the department, if any, the penalty may be collected by civil action. Any person upon whom a civil penalty is imposed may appeal such action pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (3) A civil penalty finally determined under this Code section may be collected by civil action in the event that such penalty is not paid as required. On the request of the department, the Attorney General is authorized to institute a civil action to collect a penalty imposed pursuant to this subsection. The Attorney General shall have the

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exclusive power to compromise, mitigate, or remit such civil penalties as are referred to the Attorney General for collection. (4) All moneys collected from civil penalties shall be paid to the state for deposit in the general fund.
20-1A-12. (a) This Code section shall be applicable to any early care and education program which is subject to regulation by the department in accordance with this chapter. For purposes of this Code section, the term 'license' shall be used to refer to any license, registration, or commission issued by the department pursuant to the provisions of this chapter. (b) The department shall have the authority to take any of the actions enumerated in subsection (c) of this Code section upon a finding that the applicant or holder of a license has:
(1) Knowingly made any false statement of material information in connection with the application for a license, or in statements made or on documents submitted to the department as part of an inspection, survey, or investigation, or in the alteration or falsification of records maintained by the early care and education program; (2) Failed or refused to provide the department with access to the premises subject to regulation or information pertinent to the initial or continued licensing of the program; (3) Failed to comply with the licensing requirements of this state; or (4) Failed to comply with any provisions of this Code section. (c) When the department finds that any applicant or holder of a license has violated any provision of subsection (b) of this Code section or laws, rules, regulations, or formal orders related to the initial or continued licensing of the program, the department, subject to notice and opportunity for hearing, may take any of the following actions: (1) Refuse to grant a license; provided, however, that the department may refuse to grant a license without holding a hearing prior to taking such action; (2) Administer a public reprimand; (3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Prohibit any applicant or holder of a license from allowing a person who previously was involved in the management or control, as defined by rule, of any program which has had its license revoked or denied within the past 12 months to be involved in the management or control of such program; (5) Revoke any license; (6) Impose a fine, not to exceed a total of $25,000.00, of up to $500.00 per day for each violation of a law, rule, regulation, or formal order related to the initial or ongoing licensing of any program; or (7) Limit or restrict any license as the department deems necessary for the protection of the public, including, but not limited to, restricting some or all services of or admissions into a program for a time certain. In taking any of the actions enumerated in this subsection, the department shall consider

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the seriousness of the violation, including the circumstances, extent, and gravity of the prohibited acts, and the hazard or potential hazard created to the health or safety of the public. (d) The department may deny a license or otherwise restrict a license for any applicant who has had a license denied, revoked, or suspended within one year of the date of an application or who has transferred ownership or governing authority of a program subject to regulation by the department within one year of the date of a new application when such transfer was made in order to avert denial, revocation, or suspension of a license. (e) With regard to any contested case instituted by the department pursuant to this Code section or other provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action, the department may, in its discretion, dispose of the action so instituted by settlement. In such cases, all parties, successors, and assigns to any settlement agreement shall be bound by the terms specified in such agreement and violation of such agreement thereof by any applicant or holder of a license shall constitute grounds for any action enumerated in subsection (c) of this Code section. (f) The department shall have the authority to make public or private investigations or examinations inside or outside of this state to determine whether the provisions of this Code section or any other law, rule, regulation, or formal order relating to the licensing of a program has been violated. Such investigations may be initiated at any time, in the discretion of the department, and may continue during the pendency of any action initiated by the department pursuant to subsection (c) of this Code section. (g) For the purpose of conducting any investigation, inspection, or survey, the department shall have the authority to require the production of any books, records, papers, or other information related to the initial or continued licensing of any program. (h) Pursuant to the investigation, inspection, and enforcement powers given to the department by this Code section and other applicable laws, the department may assess against a program reasonable and necessary expenses incurred by the department pursuant to any administrative or legal action required by the failure of the program to fully comply with the provisions of any law, rule, regulation, or formal order related to the initial or continued licensing. Assessments shall not include attorneys fees and expenses of litigation, shall not exceed other actual expenses, and shall only be assessed if such investigations, inspections, or enforcement actions result in adverse findings, as finally determined by the department, pursuant to administrative or legal action. (i) For any action taken or any proceeding held under this Code section or under color of law, except for gross negligence or willful or wanton misconduct, the department, when acting in its official capacity, shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune. (j) In an administrative or legal proceeding under this Code section, a person or entity claiming an exemption or an exception granted by law, rule, regulation, or formal order has the burden of proving this exemption or exception. (k) This Code section and all actions resulting from its provisions shall be administered in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

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(l) The provisions of this Code section shall be supplemental to and shall not operate to prohibit the department from acting pursuant to those provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action for the department. In cases where those other provisions of law so authorize other disciplinary grounds and actions, but this Code section limits such grounds or actions, those other provisions shall apply. (m) The board is authorized to promulgate rules and regulations to implement the provisions of this Code section.
20-1A-13. (a) As used in this Code section, the term:
(1) 'Emergency order' or 'order' means a written directive by the commissioner or the commissioners designee placing a monitor in an early care and education program. (2) 'Monitor' means a person designated by the department to remain on-site in a program as an agent of the department, observing conditions. (3) 'Preliminary hearing' means a hearing held by the department as soon as possible after the order is entered at the request of a program which has been affected by an emergency order placing a monitor in the program in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) The commissioner or his or her designee may order the emergency placement of a monitor or monitors in an early care and education program upon a finding that rules and regulations of the department are being violated which threaten the health, safety, or welfare of children in the care of the program and when one or more of the following conditions are present: (1) The program is operating without a license, commission, or registration; (2) The department has denied application for license, registration, or commission or has initiated action to revoke the existing license, registration, or commission of the program; or (3) Children are suspected of being subjected to injury or life-threatening situations or the health or safety of a child or children is in danger. (c) A monitor may be placed in a program for no more than ten consecutive calendar days, during which time the monitor shall observe conditions and regulatory compliance with any recommended remedial action of the department. Upon expiration of the ten-day period, should the conditions warrant, the initial ten-day period may be extended for an additional ten-day period. The monitor shall report to the department. The monitor shall not assume any administrative responsibility within the program, nor shall the monitor be liable for any actions of the program. The salary and related costs and travel and subsistence allowance as defined by department policy of placing a monitor in a program shall be reimbursed to the department by the program, unless the order placing the monitor is determined to be invalid in a contested case or by final adjudication by a court of competent jurisdiction, in which event the cost shall be paid by the department. (d) An emergency order shall contain the following:

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(1) The scope of the order; (2) The reasons for the issuance of the order; (3) The effective date of the order if other than the date the order is issued; (4) The person to whom questions regarding the order are to be addressed; and (5) Notice of the right to a preliminary hearing. (e) Unless otherwise provided in the order, an emergency order shall become effective upon its service. Service of an emergency order may be made upon the owner of the facility, the director of the facility, or any other agent, employee, or person in charge of the facility at the time of the service of the order. (f) A request for a preliminary hearing shall be made in writing within five days from the time of service, excepting weekends. The request must be made to the representative of the department designated in the order. Unless a request is made to appear in person, the preliminary hearing shall consist of an administrative review of the record, written evidence submitted by the early care and education program affected, and a preliminary written argument in support of its contentions. (g) If a request is made to appear in person at the preliminary hearing, the program shall provide the name and address of the person or persons, if any, who will be representing the program in the preliminary hearing. (h) Upon receipt of a request for a preliminary hearing, the department shall set and give notice of the date, time, and location of the preliminary hearing. The preliminary hearing shall be held as soon as possible after a request therefor but in no event later than 72 hours after such request, provided that a program may request that such hearing be held earlier and that in no event shall a hearing be held on a weekend or holiday. (i) If a personal appearance is requested, the preliminary hearing shall consist of a review of the evidence in the record, any additional evidence introduced at the hearing, and any arguments made. A recording shall be made of the hearing. (j) The department shall, where practicable, issue an immediate oral order and shall, in all instances, issue a written order within four business days after the close of the hearing. (k) Pending final appeal of the validity of any emergency order issued as provided in this Code section, such emergency order shall remain in full effect until vacated or rescinded by the commissioner or the commissioners designee. (l) The department is not precluded from other actions permitted by other laws or regulations during the time an emergency order is in force.
20-1A-14. (a) The department upon application or petition may grant variances and waivers to specific rules and regulations which establish standards for early care and education programs regulated by the department as follows:
(1) The department may authorize departure from the literal requirements of a rule or regulation by granting a variance upon a showing by the applicant or petitioner that the particular rule or regulation that is the subject of the variance request should not be applied as written because strict application would cause undue hardship. The

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applicant or petitioner additionally must show that adequate standards affording protection of health, safety, and care exist and will be met in lieu of the exact requirements of the rule or regulation in question; (2) The department may dispense entirely with the enforcement of a rule or regulation by granting a waiver upon a showing by the applicant or petitioner that the purpose of the rule or regulation is met through equivalent standards affording equivalent protection of health, safety, and care; (3) The department may grant waivers and variances to allow experimentation and demonstration of new and innovative approaches to delivery of services upon a showing by the applicant or petitioner that the intended protections afforded by the rule or regulation which is the subject of the request are met and that the innovative approach has the potential to improve service delivery; (4) Waivers or variances which affect an entire class of programs may only be approved by the board and shall be for a time certain, as determined by the board. A notice of the proposed variance or waiver affecting an entire class of programs shall be made in accordance with the requirements for notice of rule making in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; or (5) Variances or waivers which affect only one program in a class may be approved or denied by the department and shall be for a time certain, as determined by the department. The department shall maintain a record of such action and shall make this information available to the board and all other persons who request it. (b) The department may exempt classes of programs from regulation when, in the departments judgment, regulation would not permit the purpose intended or the class of programs is subject to similar requirements under other rules and regulations. Such exemptions shall be provided in rules and regulations promulgated by the board.
20-1A-15. (a) As used in this chapter, the term 'inspection warrant' means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of any of the provisions of laws authorizing licensure, inspection, or regulation by the department. (b) The commissioner or the commissioners delegate, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this Code section. Such warrant shall authorize the commissioner or the commissioners agents to conduct a search or inspection of property, either with or without the consent of the person whose property is to be searched or inspected, if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated under this chapter or any provision of law which authorizes licensure, inspection, or regulation by the department. (c) Inspection warrants shall be issued only by a judge of a court of record whose territorial jurisdiction encompasses the property to be inspected. (d) The issuing judge shall issue the warrant when such judge is satisfied that the following conditions are met:

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(1) The one seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property; and (2) The issuing judge determines that the issuance of the warrant is authorized by this Code section. (e) The inspection warrant shall be validly issued only if it meets the following requirements: (1) The warrant is attached to the affidavit required to be made in order to obtain the warrant; (2) The warrant describes, either directly or by reference to the affidavit, the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property of which the warrant authorizes an inspection; (3) The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and (4) The warrant refers, in general terms, to the statutory or regulatory provisions sought to be enforced. (f) No facts discovered or evidence obtained in an inspection conducted under authority of an inspection warrant issued pursuant to this chapter shall be competent as evidence in any criminal proceeding against any party.
20-1A-16. It shall be the duty of all other state departments, agencies, officers, and employees to assure the most effective coordination and use of state resources, personnel, and facilities for the benefit of children and youths and to assist the department in effectuating the purposes of this chapter by making available to the department upon request of the board or commissioner and to the extent permissible by law the services, resources, personnel, and facilities of their respective departments and agencies.
20-1A-17. The commissioner and the State School Superintendent, with the concurrence of the board for the department and the State Board of Education, are authorized to transfer programs relating to early childhood education from the Department of Education to the department, as long as such programs are not expressly assigned to the Department of Education by statute.
ARTICLE 2 20-1A-30. As used in this article, the term:
(1) 'Center' means a day-care center, group day-care home, family day-care home, or child care learning center which is required to be licensed or registered under Article 1 of this chapter.

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(2) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (3) 'Crime' means any felony; a violation of Code Section 16-5-23, relating to simple battery, when the victim is a minor; a violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor; a violation of Chapter 6 of Title 16, relating to sexual offenses; a violation of Code Section 16-4-1, relating to criminal attempt when the crime attempted is any of the crimes specified by this paragraph; or any other offenses committed in another jurisdiction which, if committed in this state, would be one of the enumerated crimes listed in this paragraph. (4) 'Criminal record' means:
(A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where:
(i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; provided, however, that this division shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; provided, however, that this division shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or (C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (5) 'Director' means the chief administrative or executive officer of a facility. (6) 'Emergency temporary employee' means an employee other than a director whose duties involve personal contact between that person and any child being cared for at the facility and who is hired on an expedited basis to avoid noncompliance with staffing standards for centers required by law, rule, or regulation. (7) 'Employee' means any person, other than a director, employed by a center to perform at any of the centers facilities any duties which involve personal contact between that person and any child being cared for at the facility and also includes any adult person who resides at the facility or who, with or without compensation, performs duties for the center which involve personal contact between that person and any child being cared for by the center. (8) 'Employment history' means a record of where a person has worked for the past ten years. (9) 'Facility' means a centers real property at which children are received for care. (10) 'Fingerprint records check determination' means a satisfactory or unsatisfactory determination by the department based upon a records check comparison of GCIC

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information with fingerprints and other information in a records check application. (11) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (12) 'GCIC information' means criminal history record information as defined in Code Section 35-3-30. (13) 'License' means the document issued by the department to authorize the center to which it is issued to operate a facility. (14) 'National fingerprint records check determination' means a satisfactory or unsatisfactory determination by the department in accordance with applicable law based upon a report from the Federal Bureau of Investigation after a search of bureau records and fingerprints. (15) 'Preliminary records check application' means an application for a preliminary records check determination on forms provided by the department. (16) 'Preliminary records check determination' means a satisfactory or unsatisfactory determination by the department based only upon a comparison of GCIC information with other than fingerprint information regarding the person upon whom the records check is being performed. (17) 'Records check application' means two sets of classifiable fingerprints, a records search fee to be established by the board by rule and regulation, payable in such form as the department may direct to cover the cost of a fingerprint records check under this article, and an affidavit by the applicant disclosing the nature and date of any arrest, charge, or conviction of the applicant for the violation of any law, except for motor vehicle parking violations, whether or not the violation occurred in this state, and such additional information as the department may require. (18) 'Satisfactory determination' means a written determination that a person for whom a records check was performed was found to have no criminal record. (19) 'State fingerprint records check determination' means a satisfactory or unsatisfactory determination by the department in accordance with applicable law based upon a records check comparison of GCIC information with fingerprints and other information in a records check application. (20) 'Unsatisfactory determination' means a written determination that a person for whom a records check was performed has a criminal record.
20-1A-31. (a) Each center shall be required to obtain a separate license for each facility and shall have a separate director for each facility. (b) An applicant for a new license shall apply for a separate license for each new facility in this state owned or operated by that applicant and shall have a separate director for each such facility.
20-1A-32. Accompanying any application for a new license for a facility, the applicant shall furnish to the department a records check application for the director and a satisfactory

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preliminary records check for each employee of such facility. In lieu of such records check applications, the applicant may submit evidence, satisfactory to the department, that within the immediately preceding 12 months the director received satisfactory state and national fingerprint records check determinations and each employee received a satisfactory preliminary records check determination, or that any employee other than the director whose preliminary records check revealed a criminal record of any kind has either subsequently received satisfactory state and national fingerprint records check determinations or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43. The department may either perform preliminary records checks under agreement with GCIC or contract with GCIC and appropriate law enforcement agencies which have access to GCIC information to have those agencies perform for the department a preliminary records check for each preliminary records check application submitted thereto by the department. Either the department or the appropriate law enforcement agencies may charge reasonable fees for performing preliminary records checks.
20-1A-33. After being furnished the required records check application under Code Section 201A-32 the department shall notify in writing the license applicant as to each person for whom an application was received regarding whether the departments determination as to that persons state fingerprint records check was satisfactory or unsatisfactory. If the preliminary records check determination was satisfactory as to each employee of an applicants facility and the state fingerprint records check was satisfactory as to the director, that applicant may be issued a license for that facility if the applicant otherwise qualifies for a license under Article 1 of this chapter. If the state or national fingerprint records check determination was unsatisfactory as to the director of an applicants facility, the applicant shall designate another director for that facility after receiving notification of the determination and proceed under Code Section 20-1A-32 and this Code section to obtain state and national fingerprint records checks for that newly designated director. If the preliminary records check for any employee other than the director revealed a criminal record of any kind, such employee shall not be allowed to work in the center until he or she either has obtained satisfactory state and national fingerprint records check determinations or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43. If the determination was unsatisfactory as to any employee of an applicants facility, the applicant shall, after receiving notification of that determination, take such steps as are necessary so that such person is no longer an employee. Any employee other than the director who receives a satisfactory preliminary records check shall not be required to obtain a fingerprint records check unless such an employee has been designated as a director or as permitted by the provisions of subsection (c) of Code Section 20-1A-39.
20-1A-34. The department shall transmit to GCIC both sets of fingerprints and the records search

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fee from each fingerprint records check application. Upon receipt thereof, GCIC shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to GCIC, the application, and fee, GCIC shall notify the department in writing of any derogatory finding, including but not limited to any criminal record, of the state fingerprint records check or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureaus report, the department shall make a national fingerprint records determination.
20-1A-35. After receiving a Federal Bureau of Investigation report regarding a national fingerprint records check under Code Section 20-1A-34, the department shall make a determination based thereon and notify in writing the license applicant as to whether that records check was satisfactory or unsatisfactory. If the national fingerprint records check determination was unsatisfactory as to the director of an applicants facility, after receiving notification of that determination, that applicant shall designate another director for such facility for which director the applicant has not received or made an unsatisfactory preliminary or fingerprint records check determination and proceed under the requirements of Code Sections 20-1A-32 through 20-1A-34 and this Code section to obtain state and national fingerprint records check determinations for the newly designated director. The director may begin working upon the receipt of a satisfactory state fingerprint records check determination pending the receipt of the national fingerprint records check determination from the department. The department may revoke the license of that facility if the facility fails to comply with the requirements of this Code section and Code Section 20-1A-33 to receive satisfactory state and national fingerprint determinations on the director or to comply with Code Section 20-1A-33 regarding employees other than the director.
20-1A-36. No facility operated as an early care and education program or similar facility or any operator of such a facility shall employ any person who has been convicted of or who has entered a plea of guilty or nolo contendere to any offense specified in Code Section 16-12-1.1 or allow any such person to reside at or be domiciled at such facility in violation of Code Section 16-12-1.1. The department shall either deny the issuance of or revoke the license, commission, or registration of any such facility violating the provisions of this Code section. The powers and duties set forth in this Code section are cumulative and not intended to limit the powers and duties set forth throughout this article.
20-1A-37. (a) Notwithstanding any other provision of this article, an individual who resides in a

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family day-care home, as defined by Code Section 20-1A-2, shall not be required to provide fingerprints for routine fingerprints records checks if the operator of the family day-care home provides the department with an affidavit stating that such individual is not present in the home at the same time as the children who are received for pay for supervision and care. However, all persons residing in a family day-care home are required to obtain satisfactory preliminary records checks and submit them to the department. (b) As an alternative to the requirements set out in this article pertaining to obtaining preliminary criminal records check determinations through the department for employees of centers and adults residing in a family day-care home, but not including directors of centers, centers may obtain GCIC information through local law enforcement agencies. The center shall be responsible for reviewing the GCIC information obtained for the potential employee or adult residing in the family day-care home and making a written determination that the individual does not have a criminal record as defined in this article. This written determination, together with all supporting documentation received from any law enforcement agency, must be maintained in the centers file and available for inspection by the department. This satisfactory determination must be made before the employee begins any duties for the center. However, where there is an urgent need for an emergency temporary employee to work at a centers facility in order to avoid immediate noncompliance with staffing requirements, such center may utilize the applicant as an emergency temporary employee after applying for the preliminary records check through the local law enforcement agency and completing the affidavit. In such emergency situations, the director of the center must complete an affidavit, with all supporting documentation attached thereto, stating that the GCIC information has been requested through an identified local law enforcement agency and that the results were not immediately available to the center prior to assigning the employee to work with children at the centers facility in order to avoid immediate noncompliance with staffing ratios. The affidavit with supporting documentation must be maintained in the centers file on the individual and available to the department for inspection. The director shall review the GCIC information upon receipt, but in no case shall an emergency temporary employee be permitted to continue working for more than three days without having a satisfactory determination made by the director and entered into the centers file on the employee with all supporting documentation. The department shall promulgate rules and regulations limiting the extent to which centers are authorized to use emergency temporary employees in accordance with this subsection. Employees, emergency temporary employees, and other adults required to have records checks who are utilized by centers are subject to all other requirements set forth in this article. Where the department has reason to question the validity of the GCIC information or the satisfactory determination made by the center, the department may require the employee, emergency temporary employee, or other adult to submit a preliminary criminal records check application through the department together with appropriate fees.

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20-1A-38. (a) If the director of a facility which has been issued a license ceases to be the director of that facility, the licensee shall thereupon designate a new director. After such change, the licensee of that facility shall notify the department of such change and of any additional information the department may require regarding the newly designated director of that facility. Such information shall include but not be limited to any information the licensee may have regarding preliminary or any fingerprint records check determinations regarding that director. After receiving a change of director notification, the department shall make a written determination from the information furnished with such notification and the departments own records as to whether satisfactory or unsatisfactory preliminary or state and national fingerprint records check determinations have ever been made for the newly designated director. If the department determines that such director within 12 months prior thereto has had satisfactory state and national fingerprint records check determinations, such determinations shall be deemed to be satisfactory state and national fingerprint records check determinations as to that director. The license of that facility shall not be adversely affected by that change in director, and the licensee shall be so notified. (b) If the department determines under subsection (a) of this Code section that there has ever been an unsatisfactory preliminary or state or national fingerprint records check determination of the newly designated director which has not been legally reversed, the center and that director shall be so notified. The license for that directors facility shall be indefinitely suspended or revoked unless the center designates another director for whom it has not received or made an unsatisfactory preliminary or state or national fingerprint records check determination and proceeds pursuant to the provisions of this Code section relating to a change of director. (c) If the department determines under subsection (a) of this Code section that there have been no state and national fingerprint records check determinations regarding the newly designated director within the immediately preceding 12 months, the department shall so notify the center. The center shall furnish to the department the fingerprint records check application of the newly designated director after the date the notification is sent by the department or the license of that facility shall be indefinitely suspended or revoked. If that fingerprint records check application is so received, unless the department has within the immediately preceding 12 months made a satisfactory state fingerprint records check determination regarding the newly designated director, the department shall perform a state fingerprint records check determination of the newly designated director, and the applicant and that director shall be so notified. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section regarding procedures after notification shall apply. If that determination is satisfactory, the department shall perform a national fingerprint records check determination for that director as provided in Code Sections 20-1A-34 and 20-1A-35. The director may begin working upon the receipt of a satisfactory state fingerprint records check determination pending the receipt of the national fingerprint records check determination from the department. If that determination is satisfactory, the center and director for whom the

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determination was made shall be so notified after the department makes its determination, and the license for the facility at which that person is the newly designated director shall not be adversely affected by that change of director. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section shall apply.
20-1A-39. (a) Before a person may become an employee other than a director of any center after that center has received a license, that center shall require that person to obtain a satisfactory preliminary records check. The center shall maintain documentation in the employees personnel file, which is available to the department upon request, which reflects that a satisfactory preliminary criminal records check was received before the employee began working with children. If the preliminary records check for any potential employee other than the director reveals a criminal record of any kind, such potential employee shall not be allowed to begin working until either such potential employee has obtained satisfactory state and national fingerprint records check determinations or has had the unsatisfactory preliminary or fingerprint records check determination reversed in accordance with Code Section 20-1A-43. If either the preliminary or state or national fingerprint records determination is unsatisfactory, the center shall, after receiving notification of the determination, take such steps as are necessary so that such person is no longer an employee. Any potential employee other than the director who receives a satisfactory preliminary records check determination shall not be required to obtain a fingerprint records check determination except as permitted in accordance with subsection (c) of this Code section. (b) A license is subject to suspension or revocation and the department may refuse to issue a license if a director or employee does not undergo the records and fingerprint checks applicable to that director or employee and receive satisfactory determinations. (c) After the issuance of a license, the department may require a fingerprint records check on any director or employee to confirm identification for records search purposes, when the department has reason to believe the employee has a criminal record that renders the employee ineligible to have contact with children in the center, or during the course of a child abuse investigation involving the director or employee. (d) No center may hire any person as an employee unless there is on file in the center an employment history and a satisfactory preliminary records check or, if the preliminary records check determination revealed a criminal record of any kind as to such person, either satisfactory state and satisfactory national records check determinations for that person or proof that an unsatisfactory determination has been reversed in accordance with Code Section 20-1A-43. (e) A director of a facility having an employee whom that director knows or should reasonably know to have a criminal record that renders the employee ineligible to have contact with children in the center shall be guilty of a misdemeanor.

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20-1A-40. (a) GCIC and law enforcement agencies which have access to GCIC information shall cooperate with the department in performing preliminary and fingerprint records checks required under this article and shall provide such information so required for such records checks notwithstanding any other law to the contrary and may charge reasonable fees therefor. (b) Any person who knowingly and under false pretenses requests, obtains, or attempts to obtain GCIC information otherwise authorized to be obtained pursuant to this article, or who knowingly communicates or attempts to communicate such information obtained pursuant to this article to any person or entity except in accordance with this article, or who knowingly uses or attempts to use such information obtained pursuant to this article for any purpose other than as authorized by this article shall be fined not more than $5,000.00, imprisoned for not more than two years, or both.
20-1A-41. (a) Neither GCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this article. (b) A center, its director, and its employees shall have no liability for defamation, invasion of privacy, or any other claim based upon good faith action thereby pursuant to the requirements of this article.
20-1A-42. The requirements of this article are supplemental to any requirements for a license imposed by Article 1 of this chapter.
20-1A-43. A determination by the department regarding preliminary or fingerprint records checks under this article, or any action by the department revoking, suspending, or refusing to grant or renew a license based upon such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. It is expressly provided that upon motion from any party, the hearing officer may, in his or her discretion, consider matters in mitigation of any conviction, provided that the hearing officer examines the circumstances of the case and makes an independent finding that no physical harm was done to a victim and also examines the character and employment history since the conviction and determines that there is no propensity for cruel behavior or behavior involving moral turpitude on the part of the person making a motion for an exception to sanctions normally imposed. If the hearing officer deems a hearing to be appropriate, he or she will also notify at least 30 days prior to such

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hearing the office of the prosecuting attorney who initiated the prosecution of the case in question in order to allow the prosecutor to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license or employment as contemplated within this chapter. If objections are made, the hearing officer will take such objections into consideration in considering the case.
20-1A-44. The board is authorized to provide by regulation for the administration of this article."
SECTION 2. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, is amended by:
(1) Redesignating Code Section 49-5-240, relating to definitions relative to the Georgia Child Care Council, as Code Section 20-1A-60; (2) Redesignating Code Section 49-5-241, relating to the creation and membership of the council, as Code Section 20-1A-61; (3) Redesignating Code Section 49-5-242, relating to the officers, meetings, quorum, and expenses of the council, as Code Section 20-1A-62; (4) Redesignating Code Section 49-5-243, relating to the director of the council, as Code Section 20-1A-63; and (5) Redesignating Code Section 49-5-244, relating to the duties of the council, as Code Section 20-1A-64.
SECTION 3. Code Sections 20-1A-60 through 20-1A-64 of the Official Code of Georgia Annotated, inclusive, are designated as Article 3 of Chapter 1A of Title 20 of the Official Code of Georgia Annotated and are amended to read as follows:
"ARTICLE 3
49-5-240 20-1A-60. As used in this article, the term:
(1) 'Council' means the Georgia Child Care Council created pursuant to Code Section 49-5-241 20-1A-61. (2) 'Department' means the Department of Early Care and Learning. (2)(3) 'Federal act' means the Child Care and Development Block Grant Act of 1990, pursuant to amendments to Chapter 8 of subtitle A of Title IV of the Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35). (4) 'Lead agency' means the Department of Human Resources or any state agency designated by the Governor pursuant to the federal act and applicable regulations.
49-5-241 20-1A-61. (a) There is created the Georgia Child Care Council which shall consist of 19 20 members. Thirteen Fourteen of those members shall be voting members appointed by

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the Governor and confirmed by the Senate, and two shall be voting members appointed as provided in paragraph (10) (11) of this subsection. The 15 16 voting members shall be appointed as follows:
(1) Two members shall be representatives of local or state chambers of commerce; (2) One member shall be a representative of the licensed or commissioned for profit child care businesses in the state; (3) One member shall be a representative of the licensed or commissioned not for profit child care businesses in the state; (4) One member shall be a representative from a public Pre-K provider; (5) Four members shall be consumers of child care services or persons whose children are regularly placed in child care but who have no other business connection with any child care facility or business and at least one of them shall represent the interests of children with special needs and one shall represent the interests of school age children; (5)(6) One member shall represent registered family day-care homes, as defined in Code Section 49-5-3; (6)(7) One member shall represent licensed or commissioned church or synagogue day-care centers; (7)(8) One member shall be an expert or have special academic or research responsibilities in early childhood development; (8)(9) One member shall represent a child care resource and referral agency; (9)(10) One member shall represent a Head Start organization; and (10)(11) Two members shall represent the general public and shall be appointed by the President of the Senate and the Speaker of the House of Representatives. At the expiration of the original three-year terms of office of members of the council, successors to such members shall be appointed as follows: six seven of the members appointed by the Governor shall serve for initial terms of one year and seven of such Governor appointed members shall serve for initial terms of three years; thereafter all members appointed by the Governor shall serve for terms of three years. Successors to those members appointed by the Speaker of the House of Representatives and the President of the Senate shall each serve for terms of three years. The remaining four nonvoting members shall be the State School Superintendent, the Commissioner of Labor, the commissioner of human resources, and the commissioner of industry, trade, and tourism, or the designee of the State School Superintendent, the Commissioner of Labor, the commissioner of human resources, and the commissioner of industry, trade, and tourism, all of whom shall be ex officio members. (b) The ex officio members of the council shall serve while holding their state offices. The original appointive members shall serve for a term which expires June 30, 1994, and their successors shall be appointed as provided in subsection (a) of this Code section. (c) Vacancies in the office of any appointive member of the council shall be filled for the remainder of the unexpired term by appointment by the Governor in the same manner as the appointment to the position on the council which becomes vacant, and

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the appointment shall be submitted to the Senate for confirmation at the next regular session of the General Assembly. (d) The Governor may remove any appointive member of the council for failure to attend meetings, neglect of duty, or incompetence. (e) Any appointive member of the council who, during such persons term of office, ceases to meet the qualifications for the original appointment or does not attend three or more successive meetings of the council shall forfeit such persons membership on the council. (f) Each member of the council shall take an oath of office before the Governor that he or she will faithfully perform the duties of office.
49-5-242 20-1A-62. (a) The Governor shall annually appoint a chairman chairperson and vice chairman chairperson of the council to serve for one-year terms. (b) The council shall hold regular meetings at least once every calendar quarter and may not hold more than six regular or special meetings during any calendar year. A special meeting may be called by the chairman chairperson, the commissioner, or a majority of the members of the council. The council shall meet at such times and at such designated places in the state as it may determine. In addition to the notice of meetings required under Chapter 14 of Title 50, the council shall also provide written notice to the commissioner no later than 24 hours prior to the meeting. (c) Nine members of the council shall constitute a quorum. (d) The appointive members of the council shall receive the same allowances authorized for legislative members of interim legislative committees for each day of actual attendance at official meetings of the council. Ex officio members of the council shall receive no additional compensation for their services on the council but shall be reimbursed for expenses incurred by them in their performance of their duties as members of the council in the same manner as state employees are reimbursed for expenses.
49-5-243 20-1A-63. There shall be a director of the council who shall be both appointed and removed by the council subject to approval by the Governor. Subject to the general policy established by the council, the director shall supervise, direct, account for, organize, plan, administer, and execute the functions of the council. The council shall be attached to the Department of Human Resources for administrative purposes only, as provided in Code Section 50-4-3. Costs incurred by the council shall be funded by moneys available under the federal act. The council shall advise and make recommendations to the board and commissioner on the following:
(1) Policy matters relating to early care and education programs; (2) Planning and coordination of child care programs at the state and local levels; (3) Measures to improve the quality, availability, and affordability of child care in this state;

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(4) Issues relating to the annual Georgia report on child care; and (5) General policy matters relating to functions performed or services provided by the department.
49-5-244 20-1A-64. (a) The council shall recommend measures to improve the quality, availability, and affordability of child care in this state. In addition, the council lead agency shall:
(1) Provide to the department, under contract, an amount not less than the minimum percentage of the grant to the State of Georgia under the federal act, which must be expended for activities that are designed to provide comprehensive consumer education to parents and the public, activities that increase parental choice, and activities designed to improve the quality, availability, and affordability of child care. In addition to this minimum percentage, the lead agency shall also provide the amount of any additional funds, which exist on October 1, 2004, or which may exist in the future, which are required to be spent on activities relating to improving the quality of child care, including care for school-aged children; (1)(2) In conjunction with the department, provide Provide a mechanism for the planning and coordination of child care programs at the state and local levels; (3) Recommend to the department measures to improve the quality, availability, and affordability of child care in this state; (2)(4) In conjunction with the department, inventory Inventory and monitor the disbursement and make recommendations as to the coordination of the disbursement of all state and federal funding streams that impact the supply, quality, and affordability of child care; (3)(5) In conjunction with the department, develop Develop an annual Georgia child care plan which includes all identified revenue sources and, at a minimum, the requirements indicated in the federal act; (4)(6) Hold one or more public hearings, with state-wide publication of the notice of such hearings 30 days before the date of each hearing, to provide the public with an opportunity to comment on the provision of child care services under the annual Georgia child care plan, as required by the federal act; Develop an annual Georgia report on child care, reporting child care statistics, an evaluation of the state planning process, and (7) Develop reports that meet, at a minimum, meeting the reporting requirements of the federal act; (5) Hold at least one annual public hearing on child care needs; (6) Serve as the state clearing-house for information on child care resources and statistics; (7) Provide child care information to corporations and business seeking to locate in Georgia; (8) Promote public-private sector collaboration for child care; (9)(8) In conjunction with the department, recommend Recommend to the Governor and to the General Assembly policies, legislation, and funding that will promote the

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work of the council lead agency and department and the realization of the Georgia child care plan to promote quality, affordable, and accessible child care for Georgias children; and (10)(9) Develop a plan for application and distribution, including any necessary requests for proposals, in accordance with the Georgia child care plan, for federal block grant funds available to Georgia under the federal act;. (11) Promote consumer education to parents to help them select child care including the expansion of child care resource and referral agencies; and (12) Monitor, review, and recommend improvements to child care licensing requirements. (b) The department shall, in accordance with the policies, rules, and regulations promulgated by the board: (1) In conjunction with the lead agency, provide a mechanism for the planning and coordination of child care programs at the state and local levels; (2) Plan and implement activities that are designed to provide comprehensive consumer education to parents and the public, activities that increase parental choice, activities designed to improve the quality, availability, and affordability of child care, and other activities which meet the requirements of the federal act; (3) Recommend to the lead agency measures to improve the quality, availability, and affordability of child care in this state; (4) In conjunction with the lead agency, inventory and monitor the disbursement and make recommendations as to the coordination of the disbursement of all state and federal funding streams that impact the supply, quality, and affordability of child care funds expended by the department; (5) Develop an annual Georgia report on child care, reporting child care statistics, and, in conjunction with the lead agency, an evaluation of the state planning process related to quality initiatives; (6) Serve as the state clearing-house for information on child care resources and statistics by working with the child care resource and referral agencies; (7) Provide child care information to corporations and businesses seeking to locate in Georgia; (8) Promote public-private sector collaboration for child care; (9) Recommend to the Governor and to the General Assembly policies, legislation, and funding that will promote the work of the department and the realization of the Georgia child care plan and to promote quality, affordable, and accessible child care for Georgias children; (10) Promote consumer education to parents to help in the selection of child care, including the expansion of the child care resource and referral agencies; and (11) Develop a plan for application and distribution, including any necessary requests for proposals, in accordance with the Georgia child care plan, for federal block grant funds available to Georgia under the federal act."
SECTION 4.

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Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons or property, is amended by striking subparagraph (b)(1)(I) in its entirety and inserting in lieu thereof the following:
"(I) Group day-care homes and day-care centers required to be licensed or commissioned as such by the Department of Human Resources Early Care and Learning and in which at least seven children receive care. As used in this subparagraph, the term 'group day-care home' means a day-care facility subject to licensure by the Department of Human Resources Early Care and Learning where at least seven but not more than 12 children receive care; and the term 'day-care center' means a day-care facility subject to licensure or issuance of a commission by the Department of Human Resources Early Care and Learning where more than 12 children receive care. Fire safety standards adopted by rules of the Commissioner pursuant to Code Section 25-2-4 which are applicable to group day-care homes and day-care centers shall not require staff-to-child ratios; and".
SECTION 5. Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to registration of sexually violent predators, is amended by striking paragraph (3) of subsection (c.1) in its entirety and inserting in lieu thereof the following:
"(3) The Department of Human Resources shall provide, on a one-time basis, information to all day care and group day care day-care, group day-care, and family day-care programs regulated pursuant to Code Section 49-5-12 on how to access and retrieve from the Georgia Bureau of Investigations Internet website a list of the names and addresses of all registered sexual offenders. On and after October 1, 2004, the Department of Early Care and Learning and shall include, on a continuing basis, such information with each application for licensure, commissioning, or registration for early care and education programs."
SECTION 6. Code Section 48-7-40.6 of the Official Code of Georgia Annotated, relating to tax credits for employers providing child care, is amended by striking subparagraph (a)(6)(A) in its entirety and inserting in lieu thereof the following:
"(A) The facility is licensed or commissioned by the Department of Human Resources Early Care and Learning pursuant to Code Section 49-5-12 Chapter 1A of Title 20;".
SECTION 7. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, is amended in Code Section 49-5-3, relating to definitions, by striking paragraphs (1), (4), (8), and (9.1) and inserting in lieu thereof the following:
"(1) 'Child-caring institution' means any institution, society, agency, or facility, whether incorporated or not, which either primarily or incidentally provides full-time

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care for children under 17 through 18 years of age outside of their own homes, subject to such exceptions as may be provided in rules and regulations of the board." "(4) 'Day-care center' means any place operated by a person, society, agency, corporation, institution, or group wherein are received for pay for group care for fewer than 24 hours per day without transfer of legal custody 19 or more children under 18 years of age. Reserved." "(8) 'Family day-care home' means a private residence operated by any person who receives therein for pay for supervision and care fewer than 24 hours per day, without transfer of legal custody, three but not more than six children under 18 years of age who are not related to such person and whose parents or guardians are not residents in the same private residence. Reserved." "(9.1) 'Group day-care home' means any place operated by any person or group wherein are received for pay not less than seven nor more than 18 children under 18 years of age for care and supervision for less than 24 hours per day. Reserved."
SECTION 8. Said chapter is further amended in Code Section 49-5-8, relating to powers and duties of the Department of Human Resources, by striking paragraphs (6) and (7) of subsection (a) and inserting in lieu thereof the following:
"(6) Regulation of child-placing and child-caring agencies, child-caring institutions, and maternity homes by:
(A) Setting standards Establishing rules and regulations for and providing consultation and making recommendations concerning establishment and incorporation of all such agencies on such rules and regulations for all such agencies, institutions, and homes; and (B) Licensing and inspecting regularly periodically all such agencies, institutions, and homes to ensure their adherence to established standards as prescribed by the department; (7) Adoption services, as follows: (A) Supervising the work of all child-placing agencies when funds are made available; (B) Providing services to parents desiring to surrender children for adoption as provided for in adoption statutes; (C) Providing care or payment of maintenance costs for mothers bearing children out of wedlock and children being considered for adoption; (D) Inquiring into the character and reputation of persons making application for the adoption of children; (E) Placing children for adoption; (F) Providing financial assistance after the consummation of a legal adoption to families adopting children who would otherwise remain in foster care at state expense. Financial assistance may only be granted for hard-to-place children with physical, mental, or emotional disabilities or with other problems for whom it is

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difficult to find a permanent home. Financial assistance may not exceed 100 percent of the amount paid for boarding such child and for special services such as medical care not available through insurance or public facilities. Such supplements shall only be available to families who could not provide for the child adequately without continued financial assistance. The department may review the supplements paid at any time but shall review them at least annually to determine the need for continued assistance; (G) Providing payment to a licensed child-placing agency which places a child with special needs who is under the jurisdiction of the department for adoption. Payment may not exceed $5,000.00 for each such adoption arranged by an agency. The board shall define the special needs child. One-half of such payment shall be made at the time of placement and the remaining amount shall be paid when the adoption is finalized. If the adoption disrupts prior to finalization, the state shall be reimbursed by the child-placing agency in an amount calculated on a prorated basis based on length of time the child was in the home and the services provided; and (H) Providing payment to an agency which recruits, educates, or trains potential adoptive or foster parents for preparation in anticipation of adopting or fostering a special needs child. The board shall define the special needs child and set the payment amount by rule and regulation. Upon appropriate documentation of these preplacement services in a timely manner, payments as set by the board shall be made upon enrollment of each potential adoptive or foster parent for such services;".
SECTION 9. Said chapter is further amended in Code Section 49-5-12, relating to licensing of child welfare agencies, by striking subsections (a), (b), (c), (d), (e), (f), (k), and (s) and inserting in lieu thereof the following:
"(a) As used in this Code section, the term 'child 'Child welfare agency' means any child-caring institution, child-placing agency, or maternity home, family day-care home, group day-care home, or day-care center.
(b)(1) Day-care centers operated as part of a local church ministry or a religious nonprofit school or a nonprofit religious charitable organization shall notify the department annually and be commissioned in lieu of being licensed. Commissioned day-care centers shall operate in accordance with the same procedures, standards, rules, and regulations which are established by the board for the operation of licensed day-care centers. Any day-care center operated as part of a local church ministry or a religious nonprofit school or a nonprofit religious charitable organization may voluntarily elect to apply for a license as provided for in paragraph (2) of this subsection. (2)(b) All child welfare agencies, as defined in subsection (a) of this Code section, shall be licensed or commissioned annually by the department in accordance with procedures, standards, rules, and regulations to be established by the board; provided, however, that the department may require persons who operate family day-care homes to register with the department. The board shall develop and publish standards rules and

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regulations for licensing or commissioning of child welfare agencies. Child welfare agencies electing to be commissioned rather than licensed shall operate in accordance with the same procedures, standards, rules, and regulations for licensing of child welfare agencies. A license issued to a child-placing agency shall be deemed approval of all foster family homes approved, supervised, and used by the licensed child-placing agency as a part of its work, subject to this article and rules and regulations of the board.
(3) The department shall have the responsibility to review existing day-care regulations to determine which regulations are necessary to safeguard and protect the well-being and general welfare of children and youth, which regulations could more appropriately be issued as guidelines for quality day care, and which regulations unnecessarily restrict the delivery of day-care services. A list of proposed rule changes shall be submitted to the Board of Human Resources no later than November 1, 1982. Copies of the proposed changes shall be submitted to the Lieutenant Governor, the Speaker of the House of Representatives, and the chairmen of the Senate Youth, Aging, and Human Ecology Committee and the House Health and Ecology Committee. (4) No later than December 31, 1982, the department shall publish and make available to day-care centers and interested persons a list of guidelines for quality child care. (5) After a family day-care home, group day-care home, or day-care center has been licensed, commissioned, or registered by the department as provided in this article, the facility shall not be required to have a permit to operate a food service establishment as required in Code Section 26-2-371, provided that standards for food service have been incorporated in the regulations for licensing, commissioning, or registering such agencies. (6) The department shall not be authorized to prescribe, question, or regulate the specific content of educational curriculum taught or specify what play and program materials a group day-care home or day-care center shall use. (7) Persons who operate group day-care homes and day-care centers shall be required to post in a conspicuous place next to any telephone in a group day-care home or daycare center the telephone numbers of the nearest or applicable providers of emergency medical, police, and fire services. (7.1) Persons who operate day-care centers, group day-care homes, or family daycare homes shall post signs prohibiting smoking to carry out the purposes of paragraph (4) of subsection (a) of Code Section 16-12-2. (8) Group day-care homes and day-care centers shall provide a minimum of 35 square feet of usable space consisting of indoor play areas, rest areas, and dining facilities for each child present in the facility. Day-care centers will be allowed to designate in writing to the department two one-hour periods daily during which 25 square feet of usable space per child for children aged three years and older may be provided. Notwithstanding the limitation to 18 children prescribed by paragraph (9.1) of Code Section 49-5-3, group day-care homes will be allowed to designate in writing

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to the department two one-hour periods daily during which 25 square feet of usable space per child for children aged three years and older may be provided. Notwithstanding the limitation to six children prescribed by paragraph (8) of Code Section 49-5-3, a family day-care home operator may care for two additional children three years and older for two designated one-hour periods daily. Notwithstanding the provisions of this paragraph, all other applicable rules and regulations shall apply. (c) The department shall assist applicants or licensees or persons holding commissions in meeting standards rules and regulations of the department for child welfare agencies and, if a licensee or person holding a commission is, for any reason, denied renewal of a license or commission or if a license or commission is revoked or if any applicant for a license or commission cannot meet department standards rules and regulations for child welfare agencies, the department shall assist in planning the placement of children, if any, in the custody of such child welfare agency in some other licensed or commissioned child welfare agency or assist in returning them to their own homes or in making any other plans or provisions as may be necessary and advisable to meet the particular needs of the children involved. (d) Application for a license or commission shall be made to the department upon forms furnished by the department. Upon receipt of an application for a license or commission and upon presentation by the applicant of evidence that the child welfare agency meets the standards rules and regulations prescribed by the department, the department shall issue such child welfare agency a license or commission for a oneyear period no more than one year. (e) If the department finds that any child welfare agency applicant does not meet standards rules and regulations prescribed by the department but is attempting to meet such standards rules and regulations, the department may, in its discretion, issue a temporary license or commission to such child welfare agency, but such temporary license or commission shall not be issued for more than a one-year period. Upon presentation of satisfactory evidence that such agency is making progress toward meeting prescribed standards rules and regulations of the department, the department may, in its discretion, reissue such temporary license or commission for one additional period not to exceed one year. As an alternative to a temporary license or commission, the department, in its discretion, may issue a restricted license or commission which states the restrictions on its face. (f) The department shall refuse a license or commission upon a showing of: (1) Noncompliance with the Rules and Regulations for Day Care Centers, Family Day Care Homes, or Group Day Care Homes rules and regulations for child welfare agencies as adopted by the Board of Human Resources which are designated in writing to the facilities as being related to childrens health and safety; (2) Flagrant and continued operation of an unlicensed or uncommissioned facility in contravention of the law; or (3) Prior license or commission denial or revocation within one year of application." "(k) It shall be the duty of the department to inspect at regular intervals all licensed or commissioned child welfare agencies within the state, including all foster family homes

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used by such child-placing agencies. The department shall have right of entrance, privilege of inspection, and right of access to all children under the care and control of the licensee or commissionee." "(s) The term 'licensed day-care center child welfare agency' shall include a commissioned day-care center child welfare agency and any references in this Code to a licensed day-care center child welfare agency, including criminal, administrative, and civil provisions applicable to licensed day-care centers child welfare agencies, shall include and apply to commissioned day-care centers child welfare agencies unless otherwise provided in this Code section article."
SECTION 10. Said chapter is further amended by striking paragraph (1) of Code Section 49-5-60, relating to definitions regarding employees records checks for day-care centers, in its entirety and inserting in lieu thereof the following:
"(1) 'Center' means a day-care center, group day-care home, family day-care home, or child-caring institution or child-placing agency which is required to be licensed or registered under Article 1 of this chapter."
SECTION 11. Said chapter is further amended by striking Code Section 49-5-61, relating to the requirement of a separate license and separate director for each facility, in its entirety and inserting in lieu thereof the following:
"49-5-61. On and after July 1, 1985, an An applicant for a new license shall have a separate license for each new facility in this state owned or operated by that applicant and shall have a separate director for each such facility."
SECTION 12. Said chapter is further amended by repealing in its entirety Code Section 49-5-65.1, relating to employment of persons who have entered pleas of guilty or nolo contendere to specified offenses, which reads as follows:
"49-5-65.1. No facility operated as a day-care center, family day-care home, group-care facility, group day-care home, or similar facility or any operator of such a facility shall employ any person who has been convicted of or who has entered a plea of guilty or nolo contendere to any offense specified in Code Section 16-12-1.1 or allow any such person to reside at or be domiciled at such facility in violation of Code Section 16-12-1.1. The department shall either deny the issuance of or revoke the license, commission, or registration of any such facility violating the provisions of this Code section. The powers and duties set forth in this Code section are cumulative and not intended to limit the powers and duties set forth throughout this article."

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SECTION 13. Said chapter is further amended by striking Code Section 49-5-67, relating to fingerprint records check application for directors of existing facilities, in its entirety and inserting in lieu thereof the following:
"49-5-67. (a) Notwithstanding any other provision of this article, an individual who resides in a family day-care home, as defined by Code Section 49-5-3, shall not be required to provide fingerprints for routine fingerprints records checks if the operator of the family day-care home provides the department with an affidavit stating that such individual is not present in the home at the same time as the children who are received for pay for supervision and care. However, all persons residing in a family day-care home are required to obtain satisfactory preliminary records checks and submit them to the department. (b) As an exception to the requirements set out in this article for employees of centers, a center may hire emergency temporary employees in order to avoid noncompliance with staffing requirements for centers required by law, rule, or regulation. An emergency temporary employee may start working immediately after requesting a preliminary records check from a local law enforcement agency and may work up to five working days without the results of the preliminary records check if the director of the center maintains an affidavit with supporting documents in the employees personnel file stating that the emergency temporary employee applied for a preliminary records check with a local law enforcement agency before the employee began work and the date that the preliminary records check was received from the local law enforcement agency. The employees personnel file shall be available to the department for inspection. At the end of the five-day work period or upon receipt of the results of the preliminary records check, whichever occurs first, emergency temporary employees become subject to all other requirements of this article. As an alternative to the requirements set out in this article pertaining to obtaining preliminary criminal records check determinations through the department for employees, foster parents, and adults residing in a foster care home, but not including directors of centers, centers may obtain GCIC information through local law enforcement agencies. The center shall be responsible for reviewing the GCIC information obtained for the potential employee, or foster parent or other adult residing in the foster care home, and making a written determination that the individual does not have a criminal record as defined in this article. This written determination, together with all supporting documentation received from any law enforcement agency, must be maintained in the centers file and available for inspection by the department. This satisfactory determination must be made before the employee or foster parent begins any duties for the center. However, where there is an urgent need for an emergency temporary employee to work at a centers facility in order to avoid immediate noncompliance with staffing requirements, such center may utilize the applicant as an emergency temporary employee after applying for the preliminary records check through the local law enforcement agency and completing the affidavit. In such emergency situations, the director of the center must complete an

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affidavit, with all supporting documentation attached thereto, stating that the GCIC information has been requested through an identified local law enforcement agency and that the results were not immediately available to the center prior to assigning the employee to work with children at the centers facility in order to avoid immediate noncompliance with staffing ratios. The affidavit with supporting documentation must be maintained in the centers file on the individual and available to the department for inspection. The director shall review the GCIC information upon receipt, but in no case shall an emergency temporary employee be permitted to continue working for more than three days without having a satisfactory determination made by the director and entered into the centers file on the employee with all supporting documentation. The department shall promulgate rules and regulations limiting the extent to which centers are authorized to use emergency temporary employees in accordance with this Code section. Foster parents and adults residing in a foster care home utilized by childplacing agencies shall never be utilized as emergency temporary employees of the child-placing agency. Employees, emergency temporary employees, foster parents, and other adults required to have records checks who are utilized by centers are subject to all other requirements set forth in this article. Where the department has reason to question the validity of the GCIC information or the satisfactory determination made by the center, the department may require the employee, emergency temporary employee, foster parent, or other adult to submit a preliminary criminal records check application through the department together with appropriate fees."
SECTION 14. Said chapter is further amended by striking subsection (d) of Code Section 49-5-69, relating to employment requirements and suspension or revocation of license or criminal penalty for violations, in its entirety and inserting in lieu thereof the following:
"(d) No center may hire any person as an employee after July 1, 1999, unless there is on file in the center an employment history and a satisfactory preliminary records check or, if the preliminary records check determination revealed a criminal record of any kind as to such person, either satisfactory state and satisfactory national records check determinations for that person or proof that an unsatisfactory determination has been reversed in accordance with Code Section 49-5-73."
SECTION 15. Said chapter is further amended by transferring to Chapter 1A of Title 20 of the Official Code of Georgia Annotated the provisions of Article 11 of said chapter, relating to the Georgia Child Care Council, renumbering such article and the Code sections therein, amending such article and Code sections as indicated in Section 3 of this Act, and reserving Article 11 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated.
SECTION 16. The Official Code of Georgia Annotated is amended by striking from the following Code sections the name "Office of School Readiness" wherever the same shall occur and

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inserting in lieu thereof the name "Department of Early Care and Learning": (1) Code Section 20-2-320, relating to the Education Information Steering Committee and identification of data to implement the Quality Basic Education Program; (2) Code Section 20-14-3, relating to membership, officers, and meetings of the Education Coordinating Council; (3) Code Section 20-14-8, relating to general powers and duties of the Education Coordinating Council; (4) Code Section 20-14-27, relating to required reports of the Office of Education Accountability; (5) Code Section 20-14-60, relating to performance based accountability assessment program for pre-kindergarten; and (6) Code Section 49-5-41, relating to persons and agencies permitted access to child abuse and deprivation records.

SECTION 17. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective October 1, 2004. (b) Provisions of this Act relating to the appointment of members of the board and the commissioner of the Department of Early Care and Learning shall become effective July 1, 2004.
SECTION 18. All laws and parts of laws in conflict with this Act are repealed.

Senator Lee of the 29th moved that the Senate agree to the House substitute to SB 456.

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

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

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

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

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3025

Golden Y Hall
Hamrick

Price Y Reed
Seabaugh

Y Williams Zamarripa

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 456.

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

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 House amendments were as follows:

House amendment # 1:

Amend Senate Bill 461 by inserting after "title;" on line 3 on page 1 "to change the length of Georgia residency required to obtain a veterans license;".

By inserting after line 7 on page 5 the following: "Said title is further amended by striking paragraph (1) of subsection (c) of Code Section 40-5-36, relating to veterans licenses, honorary licenses, and other distinctive licenses, and inserting in its place the following:
'(1) Veterans who were residents of Georgia at the time of enlistment or commissioning and are residents at the time of application for the license, or who have been residents of Georgia for at least five two years immediately preceding the date of application for the license, who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or any conflict when personnel were committed by the President of the United States, whether or not such veteran was assigned to a unit or division which directly participated in such war or conflict, except for periodic transfer from reserve status to active duty status for training purposes, and who were discharged or separated under honorable conditions; and'.
SECTION 4."

House amendment # 2:

Amend SB 461 by adding after the word and symbol "title;" on line 3 of page 1 the

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following: "to change certain provisions relating to furnishing of information; to change certain provisions relating to suspension of drivers licenses; to provide that a suspension date shall commence on the date the license is surrendered to the department or a court or on the date that the court processes the citation or conviction; to provide that the department shall destroy suspended or revoked drivers licenses, permits, or identification cards;".
By adding after line 5 of page 1 the following:
"SECTION 1. Said chapter is further amended in Code Section 40-5-53, relating to when courts to send licenses and reports of convictions to the department and retention of license by the department, by striking subsection (a) and inserting in its place the following:
'(a) Whenever any person is convicted of any offense for which this chapter makes mandatory the suspension of the license of such person by the department, the court in which such conviction is had shall require the surrender to it of any drivers license then held by the person so convicted and the court shall thereupon forward the same to the department, together with the uniform citation form authorized by Article 1 of Chapter 13 of this title, within ten days after the conviction. Notwithstanding any other provision of this title, the department shall retain possession of destroy any suspended or revoked drivers licenses, permits, or identification cards forwarded to it under this or any other provision of law if the licenses expiration date, as shown on the drivers license, is one year or more away. The department shall return the issue a new drivers original license, permit, or identification card upon satisfaction of the applicable reinstatement requirement, including but not limited to the payment of the applicable reinstatement fee if such driver applies for and is granted reinstatement while the original license is in the possession of the department. No additional fee shall be required for the return of such original license issuance of a replacement drivers license, permit, or identification card. The department may destroy a suspended license if the licenses expiration date, as shown on the license, is less than one year away.'
SECTION 2. Said chapter is further amended in Code Section 40-5-57, relating to suspension or revocation of license of habitually negligent or dangerous driver and point system, by striking subsection (e) and inserting in its place the following:
'(e) The periods of suspension provided for in this Code section shall begin on the date the license is surrendered to and received by the department, or from the date a license is surrendered to a court under any provision of this chapter, or on the date that the department processes the citation or conviction, whichever date shall first occur. If the license cannot be surrendered to the department, the period of suspension may begin on the date set forth in a sworn affidavit setting forth the date and reasons for such impossibility, if the department shall have sufficient evidence to believe that the date

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set forth in such affidavit is true; in the absence of such evidence, the date of receipt of such affidavit shall be controlling.'
SECTION 3. Said chapter is further amended in Code Section 40-5-57.1, relating to suspension of licenses of persons under age 21 for certain offenses, suspension of licenses of persons under age 18 for certain point accumulations, and issuance of new license following suspension, by striking paragraph (1) of subsection (b) and inserting in its place the following:
'(1) Subject to the requirements of subsection (c) of this Code section and except as otherwise provided by paragraph (2) of this subsection:
(A) Upon a first such suspension, be eligible to apply for license reinstatement and, subject to successful recompletion of the examination requirements of Code Section 40-5-27 and payment of required fees, have his or her drivers license reinstated after six months from the date on which the suspended license was surrendered to and received by the department; and (B) Upon a second or subsequent such suspension, be eligible to apply for license reinstatement and, subject to successful recompletion of the examination requirements of Code Section 40-5-27 and payment of required fees, have his or her drivers license reinstated after 12 months from the date on which the suspended license was surrendered to and received by the department; or'.
SECTION 4. Said chapter is further amended in Code Section 40-5-61, relating to surrender and return of license, by striking subsection (e) and inserting in its place the following:
'(e) For the purpose of making any determination under this Code section relating to the return of revoked or suspended licenses to drivers, no the period of revocation or suspension shall begin until on the date the license is surrendered to the department or a court of competent jurisdiction under any provision of this chapter or on the date that the department processes the citation or conviction, whichever date shall first occur. If the license is lost, or for any other reason surrender to the department is impossible, the period of revocation or suspension may begin on the date set forth in a sworn affidavit setting forth the date and reasons for such impossibility, if the department shall have sufficient evidence to believe that the date set forth in such affidavit is true; in the absence of such evidence, the date of receipt of such affidavit by the department shall be controlling.'
SECTION 5. Said chapter is further amended in Code Section 40-5-62, relating to periods of revocation and conditions to restoration of license or issuance of new license, by striking paragraph (1) of subsection (a) and inserting in its place the following:
'(1) Five years from the date on which the revoked license was surrendered to and received by the department pursuant to a persons having been declared a habitual violator under Code Section 40-5-58 or from the date on which the department

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processed the citation or conviction, reduced by a period of time equal to that period of time which elapses between the date the person surrenders his drivers license to the court after conviction for the offense for which the person is declared a habitual violator and the date the department receives such license from the court; or'.
SECTION 6. Said chapter is further amended in Code Section 40-5-64, relating to limited driving permits for certain offenders, by striking subsection (e) and inserting in its place the following:
'(e) Duration of permit. A permit issued pursuant to this Code section shall be $25.00 and shall be nonrenewable and shall become invalid upon the drivers eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22, upon the expiration of one year following the effective date of suspension of the applicants drivers license in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57, upon the expiration of 120 days following conviction in the case of a suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a violation of Code Section 40-6-391, upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2, or upon the expiration of six months following proof of installation of an ignition interlock device in the case of a limited driving permit issued to a person subject to a court order for installation and use of such a device pursuant to Article 7 of Chapter 8 of Title 42; except that such limited driving permit shall expire upon any earlier reinstatement of the drivers license. A person convicted of such offense whose drivers license had been surrendered to the court in which in which such conviction was adjudged may apply to the department for a limited driving permit immediately following such conviction if he or she has surrendered his or her drivers license to the court in which the conviction was adjudged, to the department, or if the department has processed the citation or conviction. Upon the applicants execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her drivers license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. A person convicted of such offense whose drivers license had not been surrendered to such court immediately following such conviction may apply to the department for a permit. Upon the applicants surrender to the department of his or her drivers license and the execution of a similar affidavit, or if the drivers license has been lost, upon execution of an additional affidavit to that effect, the department may issue such person a limited driving permit.'
SECTION 7. Said chapter is further amended in Code Section 40-5-75, relating to suspension of licenses by operation of law, by striking subsection (b) and inserting in its place the following:

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'(b) Whenever a person is convicted of possession, distribution, manufacture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a controlled substance or marijuana, or driving or being in actual physical control of any moving vehicle while under the influence of such substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-13-30, or Code Section 16-13-33; paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391; or the law of any other jurisdiction, the court in which such conviction is had shall require the surrender to it of any drivers license then held by the person so convicted and the court shall thereupon forward such license and a copy of its order to the department within ten days after the conviction. The periods of suspension provided for in this Code section shall begin on the date of surrender of the drivers license or on the date that the department processes the conviction or citation, whichever shall first occur of such persons conviction for the offense resulting in such suspension; provided, however, that, effective July 1, 1994, if, at the time of conviction of any offense listed in subsection (a) of this Code section, the person does not have a drivers license or the persons drivers license has been previously suspended, the periods of suspension specified by this Code section shall not commence until the person applies for the issuance or reinstatement of a drivers license.'" By redesignating Sections 1 through 3 as Sections 9 through 11.

Senator Balfour of the 9th moved that the Senate agree to the House amendments to SB 461.

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

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

Y Harbison Y Harp
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 E Moody Y Mullis
Price

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

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Y Hall Y Hamrick

Reed Y Seabaugh

Y Zamarripa

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 461.

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

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 provide for limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:

A BILL TO BE ENTITLED AN ACT

To amend Article 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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to deferred compensation plans, is amended by inserting at the end thereof a new Code section to read as follows:
"45-18-37. (a) As used in this Code section, the term:
(1) 'Special compensation' means compensation for terminal leave and such other compensation as the State Personnel Board deems appropriate under federal regulations. (2) 'Special pay plan' means a qualified retirement plan under Section 401(a) of the

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federal Internal Revenue Code, 26 U.S.C. Section 401(a), which reduces federal tax obligations on special compensation. (3) 'State employee' means any person, whether appointed or elected, who provides services for the state, including any state authority authorized to participate in the Employees Retirement System of Georgia under Chapter 2 of Title 47. (4) 'Terminal leave' means accrued and unused annual leave which has not been forfeited at the time of a state employees separation from service, not to exceed 360 hours. (b) The State Personnel Board shall establish and administer a special pay plan for the deferred payment of special compensation which reduces the federal tax obligation upon such payments. Such plan shall become effective not later than July 1, 2005. Participation in such plan shall be mandatory for all retiring and terminating state employees age 55 and older whose compensation for terminal leave equals $1,000.00 or more. Payment options from the plan shall include, at a minimum, a lump sum payment to the employee within seven days after payments are made into the plan on his or her behalf in an amount equal to the entire amount of special compensation with earnings thereon, less any mandatory income tax withholding. The board may contract with any company qualified to do business in this state to provide such benefits. (c) Nothing in this Code section shall be construed so as to affect benefits under Chapter 2 of Title 47."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Seabaugh of the 28th moved that the Senate agree to the House substitute to SB 486.

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

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

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 E Moody

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

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Gillis Y Golden Y Hall
Hamrick

Mullis Price Y Reed Y Seabaugh

Unterman Y Williams Y Zamarripa

On the motion, the yeas were 35, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 486.

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

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 House substitute was as follows:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions of motor vehicles and traffic, so as to amend the definition of "authorized emergency vehicle"; 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 that the Department of Transportation in cooperation with the State Road and Tollway Authority may implement high occupancy toll lanes in HOV lanes; 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 1 of Title 40 of the Official Code of Georgia Annotated, relating to general

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provisions of motor vehicles and traffic, is amended by striking paragraph (5) of Code Section 40-1-1, relating to definitions, and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) 'Authorized emergency vehicle' means a motor vehicle belonging to a public utility corporation or operated by the Department of Transportation and designated as an emergency vehicle by the Department of Public Safety; a motor vehicle belonging to a fire department or a certified private vehicle belonging to a volunteer firefighter or a fire-fighting association, partnership, or corporation; an ambulance; or a motor vehicle belonging to a federal, state, or local law enforcement agency, provided such vehicle is in use as an emergency vehicle by one authorized to use it for that purpose."
SECTION 2. 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, is amended by striking subsection (a) of Code Section 40-6-52, relating to trucks using multilane highways, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) As used in this Code section, the term 'truck' means any vehicle equipped with more than six wheels, except buses and motorcoaches."
SECTION 3. Said article is further amended by adding a new Code Section 40-6-53 to read as follows:
"40-6-53. (a) On roads, streets, or highways with three or more lanes allowing for movement in the same direction, it shall be unlawful for any bus or motorcoach to operate in any lanes other than the two most right-hand lanes, except when the bus or motorcoach is preparing for a left turn, is moving to or from an HOV lane, or as otherwise provided by subsection (c) of this Code section. (b) On roads, streets, or highways with two lanes allowing for movement in the same direction, it shall be unlawful for any bus or motorcoach to operate in the left-hand lane, except when the bus or motorcoach is actually overtaking and passing another vehicle, preparing for a left turn, or as otherwise provided by subsection (c) of this Code section. (c) On interstate highways with four or more lanes allowing for movement in the same direction, the Department of Transportation may designate specific lanes that either prohibit or allow buses or motorcoaches. Where such usage has been so designated and indicated by signs erected by the Department of Transportation, it shall be unlawful for any bus or motorcoach to operate in any lanes other than those designated for its use except when moving to or from an HOV lane. (d) When moving to or from an HOV lane, a bus or motorcoach shall move to the proper lanes of travel expeditiously and in the shortest distance possible under the circumstances."

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SECTION 4. Said article is further amended by striking Code Section 40-6-54, relating to designation of travel lanes, and inserting in lieu thereof a new Code Section 40-6-54 to read as follows:
"40-6-54. (a) The Department of Transportation may designate travel lanes on any road in the state highway system for the exclusive use of certain vehicles, as provided in Code Section 32-9-4; provided, however, that where such designation has been made, the road shall be appropriately marked with signs or other roadway markers or markings to inform the traveling public of the restrictions imposed. (b) Any person who violates subsection (b) of Code Section 32-9-4 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine:
(1) Not to exceed $75.00 for the first such offense; (2) Not to exceed $100.00 for the second such offense; (3) Not to exceed $150.00 for the third such offense; and (4) Not to exceed $150.00 plus one point on such persons drivers license as provided for under Code Section 40-5-57 for the fourth or subsequent offense. (c) In the prosecution of an offense committed in the presence of or witnessed by a law enforcement officer whether by direct observation or as recorded through means of video surveillance, either by magnetic imaging or photographic copy, of failure to obey a road sign restricting a highway or portion thereof to the use of high occupancy vehicles (HOV), proof that the vehicle described in the HOV violation summons was operated in violation of this Code section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall constitute evidence as a rebuttable presumption that such registered owner of the vehicle was the person committing the violation. Notwithstanding any other provision of this subsection to the contrary, said rebuttable presumption shall be overcome if the owner of said vehicle states, under oath, in open court, that he or she was not the operator of the vehicle at the time the alleged offense occurred. (d) The General Assembly finds and declares that the development, improvement, and use of exclusive or preferential high occupancy vehicle lanes, emergency vehicle lanes, and truck lanes or routes should be undertaken in order to relieve congestion and increase the efficiency of the federal-aid highway system. The Department of Transportation in cooperation with the State Road and Tollway Authority is hereby authorized to implement high occupancy toll (HOT) lanes where appropriate in qualifying HOV lanes. A 'HOT lane' is a designated lane which allows single occupancy vehicles to gain access to HOV lanes by paying a toll set by the State Road and Tollway Authority. The department may design and develop a system of HOT lanes which uses value pricing and lane management. 'Value pricing' recognizes the need to vary the road user charge according to the levels of congestion and time of day; and 'lane management' restricts access to the designated HOT lanes based on occupancy, vehicle type, or other objective which would maximize the efficiency of the federal-aid highway system."

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SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Senator Mullis of the 53rd moved that the Senate agree to the House substitute to SB 489.

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

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

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

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

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 489.

Senator Williams of the 19th asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.

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.

Senator Brown of the 26th asked unanimous consent that Senator Thomas of the 10th be excused. The consent was granted, and Senator Thomas of the 10th was excused.

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The following bill was taken up to consider the Conference Committee Report 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 Conference Committee Report was as follows:

The Committee of Conference on SB 496 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 496 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Hill of the 4th /s/ Senator Harbison of the 15th /s/ Senator Harp of the 16th

/s/ Representative Birdsong of the 104th /s/ Representative Roberts of the 135th /s/ Representative Warren of the 99th

COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 496

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 that members of the National Guard may have the same powers of arrest as law enforcement officers 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:

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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 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. Said chapter is further amended by striking in its entirety Code Section 38-2-307, relating

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to militia members having powers of arrest in emergencies, and inserting in lieu thereof the following:
"38-2-307. When called to state active service pursuant to Code Sections 38-2-6 and 38-2-7 or pursuant to Code Section 45-12-31 or 45-12-34 the members of the organized militia shall have the same powers of arrest and apprehension as do law enforcement officers. Members of the National Guard may, at the discretion of the Governor, have the same powers of arrest and apprehension as do law enforcement officers when called to active duty to respond to emergencies pursuant to Code Section 38-2-6, 38-2-7, 45-12-31, or 45-12-34 or pursuant to any other provision of state or federal law other than Title 10 of the United States Code."
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 Harp of the 16th moved that the Senate adopt the Conference Committee Report on SB 496.

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

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

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

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

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On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 496.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House:
HB 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.
The Speaker has appointed on the part of the House, Representatives McBee of the 74th, Porter of the 119th, and Gardner of the 42nd, Post 3.
Senator Williams of the 19th asked unanimous consent that Senator Gillis of the 20th be excused. The consent was granted, and Senator Gillis was excused.

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

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The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to include in Code Section 16-13-2, relating to conditional discharge for possession of controlled substances as first offense, persons who are addicted to a controlled substance or alcohol and persons who commit nonviolent property crimes related to their addiction to a controlled substance or alcohol; to provide that a discharge and dismissal under this provision shall be without a court adjudication of guilt; to change certain provisions relating to transactions in drug related objects; to authorize use of certain forfeiture proceeds for a state law enforcement museum; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-13-2 of the Official Code of Georgia Annotated, relating to conditional discharge for possession of controlled substances as first offense, is amended by adding a new subsection (c) to read as follows:
"(c) Persons charged with an offense enumerated in subsection (a) of this Code section and persons charged for the first time with nonviolent property crimes which, in the judgment of the court exercising jurisdiction over such offenses, were related to the accuseds addiction to a controlled substance or alcohol who are eligible for any court approved drug treatment program may, in the discretion of the court and with the consent of the accused, be sentenced in accordance with subsection (a) of this Code section. The probated sentence imposed may be for a period of up to five years. No discharge and dismissal without court adjudication of guilt shall be entered under this subsection until the accused has made full restitution to all victims of the charged offenses. Discharge and dismissal under this Code section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this Code section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this Code section may not be used to disqualify a person in any application for employment or appointment to office in either the public or private sector."
SECTION 2. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended in Code Section 16-13-32, relating to transactions in drug related objects, by striking subsection (c) in its entirety and inserting in lieu thereof the

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following: "(c) It shall be unlawful for any person or corporation, other than a licensed pharmacist, a pharmacy intern or pharmacy extern as defined in Code Section 26-4-5, or a practitioner licensed to dispense Legend Drugs dangerous drugs, to sell, lend, rent, lease, give, exchange, or otherwise distribute to any person a hypodermic syringe or needle designed or marketed primarily for human use. It shall be an affirmative defense that the hypodermic syringe or needle was marketed for a legitimate medical purpose."
SECTION 3. Said chapter is further amended in Code Section 16-13-49, relating to forfeitures of property relative to controlled substances violations, by striking division (u)(4)(D)(i) and inserting in lieu thereof the following:
"(D)(i) Property and money distributed to a local government shall be passed through to the local law enforcement agency until the sum equals 33 1/3 percent of the amount of local funds appropriated or otherwise made available to such agency for the fiscal year in which such funds are distributed. Proceeds received may be used for any official law enforcement purpose except for the payment of salaries or rewards to law enforcement personnel, at the discretion of the chief officer of the local law enforcement agency, or may be used to fund victim-witness assistance programs or a state law enforcement museum. Such property shall not be used to supplant any other local, state, or federal funds appropriated for staff or operations."
SECTION 4. Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by striking paragraphs (509.1), (573), (641.1), (663.5), (931.9), and (931.85) of subsection (b) and inserting in lieu thereof the following:
"(509.1) Ketoconazole; -- See exceptions;" "(573) Methachloine Methacholine;" "(641.1) Nicotin Nicotine resin complex (polacrilex) -- See exceptions;" "(663.5) Omeprazole -- See exceptions;" "(931.9)(931.85) Terazosin; (931.85)(931.9) Tenofovir;".
SECTION 5. Said Code section is further amended in subsection (b) by inserting new paragraphs to read as follows:
"(.035) Abarelix;" "(19.65) Alfuzosin;" "(62.4) Aprepitant;" "(63.5) Aripiprazole;"

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"(67.72) Atazanavir;" "(105.3) Bortezomib;" "(192.7) Cilostazol;" "(240.3) Daptomycin;" "(331.072) Emtricitabine;" "(332.2) Enfuvirtide;" "(332.9) Epinastine;" "(334.4) Eplerenone;" "(348.722) Escitalopram;" "(380.7) Ezetimibe;" "(383.15) Ferric Hexacyanoferrate;" "(406.3) Fosamprenavir;" "(412.04) Gefitinib;" "(412.2) Gemifloxacin;" "(463.03) Ibandronate;" "(553.5) Memantine;" "(617.22) Midubosathol;" "(617.44) Miglustat;" "(644.72) Nitazoxanide;" "(666.4) Oxaliplatin;" "(681.5) Palonosetron;" "(692.52) Pegvisomant;" "(845.8) Rosuvastatin;" "(1025.5) Vardenafil;".
SECTION 6. Said Code section is further amended in subsection (c) by inserting a new paragraph to read as follows:
"(16.9) Omeprazole -- when a single dosage unit is 20.6 mg. or less;".
SECTION 7. Said Code section is further amended in subsection (c) by striking paragraph (28.5) and inserting in lieu thereof the following:
"(28.5) Triprolidine -- when a single dose is 5 mg. or less when combined in the same preparation as one or more other drug products for use as an antihistamine or decongestant or an antihistimine antihistamine and decongestant;".
SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

Senator Thomas of the 54th moved that the Senate agree to the House substitute to SB 502.

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

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

Y Harbison Y Harp Y 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 E Moody
Mullis Y Price Y Reed Y Seabaugh

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

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 502.

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

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.

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Senator Stephens of the 51st asked unanimous consent that the Senate adhere to its substitute to HB 1325 and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Stephens of the 51st, Hamrick of the 30th and Kemp of the 46th.
The following bill was taken up to consider House action thereto:
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.
The House substitute was as follows:
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 that the Governor shall have the authority to direct the Department of Industry, Trade, and Tourism to acquire real property and construct, operate, and maintain certain projects in the development of commerce and trade; to define certain terms; to provide that the department may enter into lease and rental agreements, with the approval of the State Properties Commission, in furtherance of such goals; to provide that the department shall not convey an estate in any such property without approval; 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:

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SECTION 1. 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, is amended by striking Code Section 50-7-8, relating to additional duties and powers of the board, and inserting in its place the following:
"50-7-8. The board shall also have the following duties and powers:
(1) To conduct and make such surveys and investigations, to gather and compile such information, and to make and prepare such reports, plans, and maps as may be necessary or proper effectually to discharge the duties and exercise the powers of the board enumerated in this article; (2) To engage in and promote and encourage research designed to further new and more extensive uses of the agricultural and natural resources or other products or resources of the state and designed to develop new products and industrial processes; (3) To study trends and developments in business, industry, and agriculture in the state and analyze such trends and developments and the reasons therefor; to study costs and other factors underlying the successful operation of businesses and industries in the state; and to make recommendations regarding circumstances promoting or hampering industrial or agricultural development; (4) To collect, compile, and publish periodically a census of business and industry in the state with the cooperation of other agencies, and to analyze and publish information relating to current conditions of business, industry, and agriculture in the state; (5) To compile, publish, and make available for distribution to interested persons the results of any and all studies, surveys, and investigations; any and all information gathered; and any and all reports made and plans and maps prepared; (6) To coordinate any of its activities, efforts, or functions with those of any other agency or agencies of the federal government, this state, other states, and local governments having duties, powers, or functions similar to those of the board, and to cooperate, counsel, and advise with such agencies; (7) To cooperate, counsel, and advise with and to encourage and promote coordination in the efforts of other organizations or groups within the state, public or private, engaged in publicizing the advantages, attractions, or resources of the state; (8) To cooperate, counsel, and advise with municipal, county, regional, or other local planning agencies in the state for the purpose of promoting coordination between the state and localities as to plans, policies, development of commerce, industry, or agriculture, publicity, and other related activities and functions; (9) To receive gifts, donations, or contributions from any person, firm, or corporation in furtherance of the services, purposes, duties, responsibilities, or functions vested in the board; (10) To authorize the Department of Industry, Trade, and Tourism in accordance with all applicable state laws to contract and make cooperative agreements, contracts, and rental agreements with the United States government; any county, municipality, or

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local government or any combination thereof; any public or private corporation or firm; any persons whatsoever; or any public authority, agency, commission, or institution, including agencies of state government for any of the services, purposes, duties, responsibilities, or functions vested in the board; and (11) To authorize the Department of Industry, Trade, and Tourism to participate with public and private groups, organizations, and businesses in joint advertising and promotional projects that promote the economic and tourist development of the State of Georgia and make efficient use of state appropriated advertising and promotional funds. In connection with such projects, the department may receive supplies, materials, equipment, services, and other personal property and intangible benefits. It may also issue licenses to others for the use of property in its custody or control, including intellectual property and other personal property, but may not become a joint owner. In acquisitions under this subsection, the department shall be exempt from the provisions of Chapter 5 of this title. By way of illustration and not limitation, the department may allow the use of its logo in advertising and on uniforms provided by cooperating entities for wear by department employees. The board shall adopt and amend its policies, regulations, rules, and procedures as necessary to implement this provision and shall not be subject to Chapter 13 of this title, the 'Georgia Administrative Procedure Act,' in doing so."
SECTION 2. Said article is further amended by inserting at the end thereof the following:
"50-7-16. (a) As used in this Code section, the term:
(1) 'Acquire' means the obtaining of a fee simple interest in real property by any method including, but not limited to, gift, purchase, condemnation, devise, court order, and exchange. (2) 'Lease' means a written instrument under the terms and conditions of which one party out of its own estate grants and conveys to another party or parties an estate for years retaining a reversion in itself after such grant and conveyance. (3) 'Person' means any individual; general or limited partnership; joint venture; firm; private, public, or public service corporation; association; authority; fiduciary; governmental body, instrumentality, or other organization of the state; county of the state; municipal corporation of the state; political subdivision of the state; governmental subdivision of the state; and any other legal entity doing business in the state. (4) 'Project' means a facility to be used in conjunction with trade, commerce, industry, manufacturing, or tourism in the state. (5) 'Rental agreement' means a written instrument the terms and conditions of which create the relationship of landlord and tenant. Under such relationship no estate passes out of the landlord and the tenant has only usufruct. (b) The Department of Industry, Trade, and Tourism is authorized to acquire real property and to construct, operate, and maintain such projects as are beneficial to the

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development of industry, trade, and tourism and to create economic and employment opportunities in the state. The department is authorized, with the approval of the State Properties Commission, to enter into agreements to lease, rent, or convey the real property of any such project with any person in order to accomplish such goals and upon such other terms and conditions as the department may determine to be necessary or convenient for such substantial public benefit and such consideration as may be determined by the department to be fair and equitable to the state under all the circumstances in accordance with the provisions of Article III, Section VI, Paragraph VI of the Constitution of Georgia, relating to gratuities. Subject to such principles, any such lease or rental agreement may be for and in consideration of a minimum of $1.00 annually for each calendar year or portion thereof paid in kind to the Office of Treasury and Fiscal Services and may arrange for the conveyance of such land for a fixed price, provided that such property be held, constructed, operated, maintained, expanded, or improved by the grantee and its successors and assigns consonant with the purposes of the project and other requirements of the department."

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 Seabaugh of the 28th moved that the Senate agree to the House substitute to SB 531.

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

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

Y Harbison Y Harp Y 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 E Moody

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

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E Gillis Y Golden Y Hall Y Hamrick

Y Mullis Y Price Y Reed Y Seabaugh

E Unterman Y Williams
Zamarripa

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 531.

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

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 House substitute was as follows:

A BILL TO BE ENTITLED AN ACT

To amend Chapters 2 and 3 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations and nonprofit corporations, respectively, so as to provide for the updating of provisions relating to business corporations and nonprofit 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 change certain provisions relating to notice requirements; to change certain provisions relating to organization of corporations; to change certain provisions relating to terms of class or series determined by board of directors; to change certain provisions relating to share options; to change provisions relating to shareholders preemptive rights; to change

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certain provisions relating to effect of failure to present securities for redemption, surrender, cancellation, or payment; to change certain provisions relating to shareholders special meetings; to change certain provisions relating to shareholders actions without a meeting; to change certain provisions relating to notice of annual and special meetings of shareholders; to provide for waiver of notice by electronic transmission by a shareholder; to provide for a shareholders list for a shareholders meeting; to change certain provisions relating to resignation of a member of the board of directors; to change certain provisions relating to board of directors action without a meeting of the board of directors; to change certain provisions relating to waiver and notice of a meeting of the board of directors; to change certain provisions relating to resignation and removal of officers of corporations; to change certain provisions relating to amendment by board of directors and shareholders to the articles of incorporation; to change certain provisions relating to plan of merger or share exchange; to change certain provisions relating to sale of assets requiring shareholder approval; to change certain provisions relating to inspection of records of shareholders; to change certain provisions relating to financial statements for shareholders; 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 provide for consents by electronic transmission; 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 change certain provisions relating to venue, residency, and principal office requirements; to change certain references relating to voting rights relative to members of nonprofit corporations; to provide for notice by electronic transmission of resignation of a member of a nonprofit corporation; to change certain provisions relating to special meetings of members of nonprofit corporations; to change certain provisions relating to approval of action without a meeting of members of a nonprofit corporation; to change certain provisions relating to notice of a meeting of members of a nonprofit corporation; to provide for waiver of notice by electronic transmission by a member of a nonprofit corporation; to provide for ballots by electronic transmission relating to action taken without a meeting of the members of a nonprofit corporation; to change certain provisions relating to membership lists of nonprofit corporations; to change certain provisions relating to proxies relative to voting by members of nonprofit corporations; to change certain provisions relating to the validity of a signature on a proxy by a member of a nonprofit corporation; to provide for resignation by a director of a nonprofit corporation by electronic transmission; to change certain provisions relating to action taken without a meeting of the board of directors of a nonprofit corporation; to provide for waiver of notice of a meeting by electronic transmission by a director of a nonprofit corporation; to change certain provisions relating to duties of officers of nonprofit corporations; to provide for notice of resignation of an officer of a nonprofit corporation by electronic transmission; to revise a reference relating to indemnification of officers, employees, and agents of nonprofit corporations; to change certain provisions relating to applicability of indemnification provisions in

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certain official documents of nonprofit corporations; to change certain provisions relating to restated articles of incorporation for nonprofit corporations; to change certain provisions relating to definitions and plans for mergers of nonprofit corporations; to change certain provisions relating to a merger without court approval; to change certain provisions relating to approval of plan of merger by members or directors and abandonment of the plan; to change certain provisions relating to articles of merger and publication of notice of merger; to provide for publication of notice of merger; to change certain provisions relating to effect of mergers, mergers with foreign corporations, and effect of mergers on bequests, devises, or other transfers of property; to provide for definitions relating to mergers, mergers with other entities, and the plan of merger with another entity; to change certain provisions relating to exceptions to prohibition against distributions relative to nonprofit corporations; to change certain provisions relating to dissolution by incorporators or initial directors; to change certain provisions relating to proposal of dissolution and approval thereof; to change certain provisions relating to request for presentation of claims, enforcement of claims, and when claims are barred; to provide for remedies of corporations for actions existing prior to the dissolution of a corporation; to change certain provisions relating to the requirement of a certificate of authority to transact business; to change certain provisions relating to resignation of a registered agent of a foreign corporation; to change certain provisions relating to withdrawal of a foreign corporation from the state; to change certain provisions relating to members rights to copy and inspect records; to provide for a request by a member by electronic transmission for an annual statement; to change certain provisions relating to applicability of chapter to certain corporations; to change certain provisions relating to saving provisions; to provide for changes regarding references to gender; to amend Article 3 of Chapter 5 of Title 14 of the Official Code of Georgia Annotated, relating to corporations organized for religious, fraternal, or educational purposes, so as to change a reference for conformity purposes; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, is amended by striking Code Section 14-2-140, relating to definitions related to the chapter on business corporations, and inserting in lieu thereof the following:
"14-2-140. As used in this chapter, the term:
(1) 'Articles of incorporation' include amended and restated articles of incorporation and articles of merger. (2) 'Authorized shares' means the shares of all classes a domestic or foreign corporation is authorized to issue.

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(3) 'Conspicuous' or 'conspicuously' means so written that a reasonable person against whom the writing is to operate should have noticed it. For example, printing in italics or boldface or contrasting color or typing in capitals or underlined is conspicuous. (4) 'Corporation' or 'domestic corporation' means a corporation for profit, which is not a foreign corporation, incorporated under or subject to the provisions of this chapter. (5) 'Deliver' includes delivery by hand, mail, private carrier, and electronic transmission. (6) 'Distribution' means a direct or indirect transfer of money or other property (except its own shares or rights to acquire its own shares) or incurrence of indebtedness by a corporation to or for the benefit of its shareholders in respect of any of its shares. A distribution may be in the form of a declaration or payment of a dividend; a purchase, redemption, or other acquisition of shares; a distribution of indebtedness; or otherwise. (7) 'Effective date of notice' is defined in Code Section 14-2-141. (7.1)(8) 'Electronic transmission' or 'electronically transmitted' means any process form of communication not directly involving the physical transfer transmission of paper that is suitable for the retention, retrieval, and reproduction of information by the recipient creates a record that may be retained, retrieved and reviewed by a recipient thereof and that may be directly reproduced in paper form by such a recipient through an automated process. Electronic transmissions include, but are not limited to, telegraphs, telegrams, cablegrams, teletypes, e-mail, and facsimile transmissions. (9) 'Electronic network' means any medium for sending, receiving, and viewing electronic transmissions among persons. (8)(10) 'Employee' includes an officer but not a director. A director may accept duties that make him or her also an employee. (9)(11) 'Entity' includes corporation and foreign corporation; nonprofit corporation and foreign nonprofit corporation; profit and nonprofit unincorporated association; business trust, estate, general partnership, limited partnership, trust, two or more persons having a joint or common economic interest; limited liability company and foreign limited liability company; limited liability partnership and foreign limited liability partnership; and state, United States, and foreign government. (12) 'First-class' includes, when used with a reference to postage or mail, any class of postage or mail that is the equivalent of or better than first-class under the then prevailing mail classifications. (10)(13) 'Foreign corporation' means a corporation for profit incorporated under a law other than the law of this state. (11)(14) 'Governmental subdivision' includes authority, county, district, and municipality. (12)(15) 'Includes' denotes a partial definition. (13)(16) 'Individual' includes the estate of an incompetent or deceased individual. (14)(17) 'Mail' means the United States mail.

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(15)(18) 'Means' denotes an exhaustive definition. (16)(19) 'National securities exchange' means any securities exchange or securities quotation system if the securities listed on that exchange or system are exempt from the registration requirements of Chapter 5 of Title 10, known as the 'Georgia Securities Act of 1973,' pursuant to paragraph (8) or (8.1) of Code Section 10-5-8 or any successor provision. (17)(20) 'Notice' is defined in Code Section 14-2-141. (18)(21) 'Person' includes an individual and an entity. (19)(22) 'Principal office' means the office (in or out of this state) so designated in the annual registration where the principal executive offices of a domestic or foreign corporation are located. (20)(23) 'Proceeding' includes civil suit and criminal, administrative, and investigatory action. (21)(24) 'Record date' means the date established under Article 6 or 7 of this chapter on which a corporation determines the identity of its shareholders and their shareholdings for purposes of this chapter. The determinations shall be made as of the close of business on the record date unless another time for doing so is specified when the record date is fixed. (22)(25) 'Secretary' means the corporate officer to whom the board of directors has delegated responsibility under subsection (c) of Code Section 14-2-840 for custody of the minutes of the meetings of the board of directors and of the shareholders and for authenticating records of the corporation. (23)(26) 'Shares' means the units into which the proprietary interests in a corporation are divided. (24)(27) 'Share exchange' means a plan of exchange of all of the outstanding shares of one or more classes or series of shares in accordance with Code Section 14-2-1102. (25)(28) 'Shareholder' means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. (29) 'Sign' or 'signature' includes any manual, facsimile, conformed, or electronic signature. (26)(30) 'State,' when referring to a part of the United States, includes a state and commonwealth (and their agencies and governmental subdivisions) and a territory and insular possession (and their agencies and governmental subdivisions) of the United States. (27)(31) 'Subscriber' means a person who subscribes for shares in a corporation, whether before or after incorporation. (28)(32) 'Treasury shares' means shares of a corporation which have been issued and which subsequently have been acquired by the corporation if the articles of incorporation of such corporation provide that shares so acquired become treasury shares. Treasury shares shall be deemed to be issued shares, but not outstanding shares. (29)(33) 'United States' includes district, authority, bureau, commission, department,

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and any other agency of the United States. (30)(34) 'Voting group' means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. All shares entitled by the articles of incorporation or this chapter to vote generally on the matter are for that purpose a single voting group."
SECTION 2. Said chapter is further amended by striking subsections (b) and (c) of Code Section 14-2141, relating to notice requirements, and inserting in their place new subsections (b) and (c) and by adding new subsections (j) through (m) to read as follows:
"(b) Notice may be communicated in person; by telephone, telegraph, teletype, facsimile electronic transmission, or other form of wire or wireless communication; or by mail or private carrier. If these forms of personal notice are impracticable, notice may be communicated by a newspaper of general circulation in the area where published, or by radio, television, or other form of public broadcast communication. Unless otherwise provided in the articles of incorporation, bylaws, or this chapter, notice by facsimile transmission, telegraph, or teletype electronic transmission shall be deemed to be notice in writing for purposes of this chapter. (c) Written notice by a domestic or foreign corporation to its shareholders, if in a comprehensible form, is effective when mailed, if mailed with first-class postage prepaid and correctly addressed to the shareholders address shown in the corporations current record of shareholders. If at the record date fixed to determine the shareholders entitled to receive a notice the corporation has a class or series of shares listed on a national securities exchange or has more than 500 shareholders of record entitled to vote at a meeting, it may utilize a class of mail other than first class; provided, however, that if the notice is of the a meeting of shareholders, the notice is mailed, with adequate postage prepaid, not less than 30 days before the date of the meeting."
"(j)(1) Without limiting the manner by which notice otherwise may be given effectively to shareholders, any notice to shareholders given by the corporation under any provision of this chapter, the articles of incorporation, or the bylaws shall be effective if given by a form of electronic transmission consented to by the shareholder to whom the notice is given. Any such consent shall be revocable by the shareholder by written notice to the corporation. Any such consent shall be deemed revoked if:
(A) The corporation is unable to deliver by electronic transmission two consecutive notices given by the corporation in accordance with such consent; and (B) Such inability becomes known to the secretary or an assistant secretary of the corporation or to the transfer agent or other person responsible for the giving of notice; provided, however, the inadvertent failure to treat such inability as a revocation shall not invalidate any meeting or other action. (2) Notice given pursuant to paragraph (1) of this subsection shall be deemed effective:

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(A) If by facsimile telecommunication, when transmitted to a telephone number at which the shareholder has consented to receive notice; (B If by e-mail, when transmitted to an e-mail address at which the shareholder has consented to receive notice; (C) If by a posting on an electronic network together with separate notice to the shareholder of such specific posting, upon the later of (i) such posting or (ii) the giving of such separate notice; or (D) If by any other form of electronic transmission, when transmitted to the shareholder. (k) An affidavit, certificate, or other written confirmation of the secretary or an assistant secretary or of the transfer agent or other agent of the corporation that the notice has been given under this Code section shall, in the absence of fraud, be primafacie evidence of the facts stated therein. (l) The corporation may be obligated to accept from a shareholder consents, requests, demands, or notices given and delivered under this chapter to the principal place of business of the corporation or to an officer or agent of the corporation having custody of the books in which proceedings of meetings of shareholders are recorded by electronic transmission only as provided by resolution of the board of directors of the corporation or in the articles of incorporation. (m) Unless the registered agent of the corporation provides written consent to the corporation to the receipt of a shareholders consent, request, demand, or notice by electronic transmission under this chapter, delivery made to a corporations registered office shall be made by hand or by certified or registered mail or statutory overnight delivery, return receipt requested."
SECTION 3. Said chapter is further amended by striking subsection (b) of Code Section 14-2-205, relating to organization of a corporation, and inserting in lieu thereof the following:
"(b) Action required or permitted by this chapter to be taken by incorporators at an organizational meeting may be taken without a meeting if the action taken is evidenced by one or more written consents in writing or by electronic transmission describing the action taken and signed by each incorporator."
SECTION 4. Said chapter is further amended by striking subsection (e) of Code Section 14-2-602, relating to terms of class or series determined by board of directors, and inserting in lieu thereof the following:
"(e) After the Unless otherwise provided in the articles of incorporation if a board of directors has established a series in accordance with the terms of this Code section, the board of directors may at any time and from time to time may amend the preferences, limitations, and relative rights of the series before any shares of the series have been issued; increase or decrease the number of shares contained in the series, but not below

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the number of shares then issued,; or eliminate the series where no shares are issued; in each case the board shall do so by filing articles of amendment, which are effective without shareholder action, in the manner provided in subsection (d) of this Code section. In case the number of shares contained in a series shall be decreased or a series of shares shall be eliminated, the shares that are the subject of the decrease or that compose the series being eliminated shall resume the status that they had prior to the adoption of the articles of amendment that first established such series unless otherwise provided in the articles of incorporation or unless the board of directors causes such shares to become treasury shares."
SECTION 5. Said chapter is further amended by adding a new subsection to Code Section 14-2-624, relating to share options, to read as follows:
"(f) The board of directors may, by a resolution adopted by the board, authorize one or more officers of the corporation to do one or both of the following:
(1) Designate officers and employees of the corporation or of any of its subsidiaries to be recipients of rights, options, or warrants to be issued by the corporation; or (2) Determine the number of rights, options, or warrants to be received by such officers and employees; provided, however, that the resolution authorizing such officer or officers shall specify the total number of rights, options, or warrants such authorized officer or officers may award. The board of directors may not authorize an officer to designate himself or herself as a recipient of any rights, options, or warrants."
SECTION 6. Said chapter is further amended by striking subparagraph (c)(2)(I) and paragraph (3) of subsection (c) of Code Section 14-2-630, relating to shareholders preemptive rights, and inserting in lieu thereof the following:
"(I) Shares released by waiver from their preemptive right by the affirmative vote or written consent in writing or by electronic transmission of the holders of two-thirds of the shares of the class to be issued. Any vote or consent shall be binding on all shareholders and their transferees for the time specified in the vote or consent up to but not exceeding one year from the date thereof and shall protect the corporation, its management, and all persons who may within that time acquire the shares so released;" "(3) A shareholder may waive his or her individual preemptive right at any time, and the holders of a class of shares may waive the preemptive rights of the class by the affirmative vote or written consent in writing or by electronic transmission of the holders of two-thirds of the shares of the class with preemptive rights. The waiver of preemptive rights with respect to past issuances of shares shall be effective if made by the person who was the shareholder at the time the shares were issued. A waiver evidenced by a writing or by electronic transmission is irrevocable even though it is

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not supported by consideration;".
SECTION 7. Said chapter is further amended by striking subsections (b) and (c) of Code Section 14-2641, relating to effect of failure to present securities for redemption, surrender, cancellation, or payment, and inserting in lieu thereof the following:
"(b) When a corporation has duly and properly called for redemption of any securities and the registered holder of the securities has been mailed sent notice of call at his or her last address as it appears on the records of the corporation but fails to present the certificate for the securities or otherwise take action as required by the call within 60 days of the effective date of the call or such longer time as may be specified in the notice of the call, then the corporation may transfer the money or other property distributable upon the redemption to a trustee, for the benefit of the registered owner or his or her successors in title, and thereupon the securities shall be deemed as of the effective date of the call to have been redeemed, canceled, or paid and no longer outstanding. (c) In order for the transfer to the trustee permitted by subsection (b) of this Code section to be effective for this purpose, the corporation must have adopted a plan therefor prior to the call, and must have mailed sent notice to the registered holder of the securities of the details of the plan, including the name and address of the trustee, at the time of the mailing sending of the notice of the call. The registered holder for whom the transfer in trust is made, or his or her successors in title, shall have only the right to obtain the money or other property from the trustee:
(1) In the case of certificated securities, upon surrender to the trustee of the certificates involved; and (2) In the case of uncertificated securities, upon satisfying the trustee that he or she was the registered holder."
SECTION 8. Said chapter is further amended by striking subsections (a) and (e) of Code Section 14-2702, relating to shareholders special meetings, and inserting in lieu thereof the following:
"(a) A corporation shall hold a special meeting of shareholders: (1) On call of its board of directors or the person or persons authorized to do so by the articles of incorporation or bylaws; (2) Except as to corporations described in paragraph (3) of this subsection, if the holders of at least 25 percent, or such greater or lesser percentage as may be provided in the articles of incorporation or bylaws, of all the votes entitled to be cast on any issue proposed to be considered at the proposed special meeting, sign, date, and deliver to the corporation one or more written demands in writing or by electronic transmission for the meeting describing the purpose or purposes for which it is to be held; or

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(3) In the case of a corporation having 100 or fewer shareholders of record, if the holders of at least 25 percent, or such lesser percentage as may be provided in the articles of incorporation or bylaws, of all the votes entitled to be cast on any issue to be considered at the proposed special meeting sign, date, and deliver to the corporation one or more written demands in writing or by electronic means for the meeting describing the purpose or purposes for which it is to be held." "(e) Unless otherwise provided in the articles of incorporation, a written demand by a shareholder for a special meeting may be revoked by a writing written or electronic transmission to that effect by the shareholder received by the corporation prior to the call of the special meeting."
SECTION 9. Said chapter is further amended by adding a new subsection to Code Section 14-2-704, relating to action taken without a shareholders meeting, to read as follows:
"(h) An electronic transmission which is transmitted by a shareholder that evidences a shareholders consent, requests or demands an action to be taken by the corporation, or provides notice to the corporation under this chapter shall be deemed to be written, signed, and dated for the purposes of this chapter, provided that any such electronic transmission sets forth or is delivered with information from which the corporation can determine (1) that the electronic transmission was transmitted by the shareholder and (2) the date on which such shareholder transmitted such electronic transmission. The date on which such electronic transmission is transmitted shall be deemed to be the date on which such consent, request, demand, or notice was signed."
SECTION 10. Said chapter is further amended by adding a new subsection to Code Section 14-2-705, relating to notice of annual and special shareholders meetings, to read as follows:
"(f) Notwithstanding the provisions of this Code section, a corporation need not provide any notice required by this Code section to a shareholder to whom:
(1) Notices of two consecutive annual meetings; or (2) All and at least two payments of dividends or interest on securities or dividend reinvestment confirmations during a 12 month period have been mailed addressed to the shareholders address shown in the corporations current record of shareholders and have been returned as undeliverable. Any action or meeting which shall be taken or held without notice to any such shareholder shall have the same force and effect as if such notice had been duly given. If any such shareholder shall deliver to the corporation written notice setting forth such shareholders then current address, the requirement that notice be given to such shareholder shall be reinstated. If the action taken by the corporation requires the filing of a document under any other provision of this chapter, the document need not state that notice was not given to shareholders to whom notice was not required to be given pursuant to this subsection."

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SECTION 11. Said chapter is further amended by striking subsection (a) of Code Section 14-2-706, relating to waiver of notice by a shareholder, and inserting in lieu thereof the following:
"(a) A shareholder may waive any notice required by this chapter, the articles of incorporation, or bylaws before or after the date and time stated in the notice. The waiver must be in writing or by electronic transmission, be signed by the shareholder entitled to the notice, and be delivered to the corporation for inclusion in the minutes or filing with the corporate records."
SECTION 12. Said chapter is further amended by striking subsections (a) and (b) of Code Section 14-2720, relating to the list of shareholders who are entitled to notice of shareholders meetings, and inserting in lieu thereof the following:
"(a) After fixing a record date for a meeting, a corporation shall prepare an alphabetical list of the names of all its shareholders who are entitled to notice of a shareholders meeting. The list must be arranged by voting group (and within each voting group by class or series of shares) and show the address of and number of shares held by each shareholder. Nothing contained in this Code section shall require the corporation to include e-mail addresses or other information for delivery of electronic transmissions on such list. (b) The shareholders list must be available for inspection by any shareholder, his or her agent, his or his or her attorney at the time and place of the meeting:
(1) On a reasonably accessible electronic network, provided that the information required to gain access to such list is provided with the notice of the meeting upon request; or (2) During ordinary business hours at the principal place of business of the corporation. In the event that the corporation makes the list available on an electronic network, the corporation may take reasonable steps to ensure that such information is available only to shareholders of the corporation. If the meeting is to be held in person, then the list shall be produced and kept at the time and place of the meeting during the duration of the meeting and may be inspected by any shareholder who is present. If the meeting is to be held solely by means of remote communication, then the list shall also be open to the examination of any shareholder during the duration of the meeting on a reasonably accessible electronic network, and the information required to access such list shall be provided with the notice of the meeting."
SECTION 13. Said chapter is further amended by striking subsection (a) of Code Section 14-2-807, relating to resignation of directors, and inserting in lieu thereof the following:
"(a) A director may resign at any time by delivering written notice in writing or by electronic transmission to the board of directors, its chairman, or to the corporation."

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SECTION 14. Said chapter is further amended by striking Code Section 14-2-821, relating to board of directors action without a board of directors meeting, and inserting in lieu thereof the following:
"14-2-821. (a) Unless the articles of incorporation or bylaws provide otherwise, action required or permitted by this chapter to be taken at a board of directors meeting may be taken without a meeting if the action is taken by all members of the board. The action must be evidenced by one or more written consents in writing or by electronic transmission describing the action taken, signed by each director, and delivered to the corporation for inclusion in the minutes or filing with the corporate records. (b) A consent signed and delivered by a director under this Code section has the effect of a meeting vote and may be described as such in any document."
SECTION 15. Said chapter is further amended by striking subsection (a) of Code Section 14-2-823, relating to waiver of notice of a meeting of the board of directors, and inserting in lieu thereof the following:
"(a) A director may waive any notice required by this chapter, the articles of incorporation, or bylaws before or after the date and time stated in the notice. Except as provided by subsection (b) of this Code section, the waiver must be in writing or by electronic transmission, signed by the director entitled to the notice, and delivered to the corporation for inclusion in the minutes or filing with the corporate records."
SECTION 16. Said chapter is further amended by striking subsection (a) of Code Section 14-2-843, relating to resignation and removal of officers of corporations, and inserting in lieu thereof the following:
"(a) An officer may resign at any time by delivering notice in writing or by electronic transmission to the corporation. A resignation is effective when the notice is effective unless the notice specifies a later future effective date. A copy of the notice of resignation as delivered to the corporation may be filed with the Secretary of State."
SECTION 17. Said chapter is further amended by striking in its entirety Code Section 14-2-1003, relating to amendments by board of directors and shareholders to the articles of incorporation, and inserting in lieu thereof the following:
"14-2-1003. (a) A corporations board of directors may propose one or more amendments to the articles of incorporation for submission to the shareholders. (b) For the amendment to be adopted:
(1) The board of directors must recommend the amendment to the shareholders

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unless the board of directors elects, because of a conflict of interest or other special circumstances, to make no recommendation and communicates the basis for its election to the shareholders with the amendment; and (2) The shareholders entitled to vote on the amendment must approve the amendment as provided in subsection (e) of this Code section. (c) The board of directors may condition its submission of the proposed amendment, the effectiveness of the proposed amendment, or both on any basis. (d) The corporation shall notify each shareholder entitled to vote of the proposed shareholders meeting in accordance with Code Section 14-2-705. The notice of meeting must also state that the purpose, or one of the purposes, of the meeting is to consider the proposed amendment and contain or be accompanied by a copy or summary of the amendment. (e) Unless this chapter, the articles of incorporation, or the board of directors (acting pursuant to subsection (c) of this Code section) require a greater vote or a vote by voting groups, the amendment to be adopted must be approved by a majority of the votes entitled to be cast on the amendment by each voting group entitled to vote on the amendment. (f) At any time prior to the time the amendment becomes effective, notwithstanding authorization of the proposed amendment by the shareholders of the corporation, the board of directors may abandon such proposed amendment without further shareholder action. If the amendment is abandoned after articles of amendment have been filed with the Secretary of State but before the amendment has become effective, a statement that the amendment has been abandoned in accordance with this Code section executed on behalf of the corporation shall be delivered to the Secretary of State for filing prior to the effectiveness of the amendment. Upon filing, the statement shall take effect and the amendment shall be deemed abandoned and shall not become effective."
SECTION 18. Said chapter is further amended by striking subsections (c) and (i) of Code Section 14-21103, relating to action on plan of merger or share exchange, and inserting in their place new subsections (c) and (i) and by adding a new subsection (j) to read as follows:
"(c) The board of directors may condition its submission of the proposed merger or share exchange, the effectiveness of the proposed merger or share exchange, or both on any basis." "(i) After Unless otherwise provided in a plan of merger or share exchange or in the laws under which a foreign corporation that is a party to a merger or share exchange is organized or by which it is governed, a merger or share exchange is authorized, and at any time before articles of merger or a certificate of merger or share exchange is filed, the planned becomes effective, the plan of merger or share exchange may be abandoned (subject to any contractual rights) without further shareholder action, in accordance with the procedure set forth in the plan of merger or share exchange or, if none is set forth, in the manner determined by the board of directors and otherwise in accordance

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with subsection (j) of this Code section. (j) If a merger or share exchange is abandoned as permitted by subsection (i) of this Code section after articles or a certificate of merger or share exchange has been filed with the Secretary of State but before the merger or share exchange has become effective, a statement that the merger or share exchange has been abandoned in accordance with this Code section executed on behalf of a party to the merger or share exchange by an officer or other duly authorized representative shall be delivered to the Secretary of State for filing prior to the effectiveness of the merger or share exchange. Upon filing, the statement shall take effect and the merger or share exchange shall be deemed abandoned and shall not become effective."
SECTION 19. Said chapter is further amended by striking subsection (c) of Code Section 14-2-1202, relating to sale of assets requiring shareholder approval, and inserting in lieu thereof the following:
"(c) The board of directors may condition its submission of the proposed transaction, the effectiveness of the proposed transaction, or both on any basis."
SECTION 20. Said chapter is further amended by striking paragraphs (5) and (6) of subsection (a) of Code Section 14-2-1602, relating to inspection of records by shareholders, and inserting in lieu thereof the following:
"(5) The minutes of all shareholders meetings, executed waivers of notice of meetings, and executed written consents, delivered in writing or by electronic transmission, evidencing all action taken by shareholders without a meeting, for the past three years; (6) All written communications in writing or by electronic transmission to shareholders generally within the past three years, including the financial statements furnished for the past three years under Code Section 14-2-1620;".
SECTION 21. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 14-2-1620, relating to financial statements for shareholders, and inserting in lieu thereof the following:
"(a) Not later than four months after the close of each fiscal year and in any case prior to the annual meeting of shareholders, each corporation shall prepare (1) a balance sheet showing in reasonable detail the financial condition of the corporation as of the close of its fiscal year, and (2) a profit and loss statement showing the results of its operation during its fiscal year. Upon written request in writing or by electronic transmission, the corporation promptly shall mail to any shareholder of record a copy of the most recent balance sheet and profit and loss statement. If prepared for other purposes, the corporation shall also furnish upon written request in writing or by

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electronic transmission a statement of sources and applications of funds and a statement of changes in shareholders equity for the fiscal year. If financial statements are prepared by the corporation on the basis of generally accepted accounting principles, the annual financial statements must also be prepared, and disclose that they are prepared, on that basis. If financial statements are prepared otherwise than on the basis of generally accepted accounting principles, they must so disclose and must be prepared on the same basis as other reports or statements prepared by the corporation for the use of others."
SECTION 22. Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to nonprofit corporations, is amended by striking in its entirety Part 4 of Article 1, relating to definitions and notice relative to nonprofit corporations, and inserting in lieu thereof the following:
"Part 4 14-3-140. As used in this chapter, the term:
(1) 'Articles of incorporation' or 'articles' includes amended and restated articles of incorporation and articles of merger. (2) 'Board of directors' or 'board' means the person or persons vested with the authority to manage the affairs of the corporation, irrespective of the name by which such group is designated, but shall not include any person solely by virtue of powers delegated to him or her by Code Section 14-3-801. (3) 'Business corporation' means a corporation for profit, incorporated under the provisions of Chapter 2 of this title. (3)(4) 'Bylaws' means the code of rules (other other than the articles) articles adopted pursuant to this chapter for the regulation or management of the affairs of the corporation, irrespective of the name or names by which such rules are designated. (4)(5) 'Class' refers to a group of memberships which have the same rights with respect to voting, dissolution, redemption, and transfer. For the purpose of this Code section, rights shall be considered the same if they are determined by a formula applied uniformly. (5) 'Conspicuous' means written in such a manner that a reasonable person against whom the writing is to operate should have noticed it. For example, printing in italics or boldface or contrasting color or typing in capitals or underlined is conspicuous. (6) 'Corporation' or 'domestic corporation' means a nonprofit corporation, other than a foreign corporation, organized incorporated under or subject to the provisions of this chapter. (7) 'Delegate' means a person elected or appointed to vote in a representative assembly for the election of a director or on other matters. (8) 'Deliver' includes mail delivery by hand, mail, private carrier, and electronic transmission. (9) 'Distribution' means the payment of a dividend or any part of the income or profit

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of a corporation to its members, directors, or officers. Payment of indemnification or reasonable compensation, fees, or expenses incurred in the performance of duties on behalf of the corporation is not a distribution. (10) 'Domestic corporation' means a corporation. (11)(10) 'Effective date of notice' is defined in Code Section 14-3-141. (11.1)(11) 'Electronic transmission' or 'electronically transmitted' means any process form of communication not directly involving the physical transfer of paper that is suitable for the retention, retrieval, and reproduction of information by the recipient transmission of paper that creates a record that may be retained, retrieved, and reviewed by a recipient thereof and that may be directly reproduced in paper form by such a recipient through an automated process. Electronic transmissions include, but are not limited to, telegraphs, telegrams, cablegrams, teletypes, e-mail, and facsimile transmissions. (12) 'Electronic network' means any medium for sending, receiving, and viewing electronic transmissions among persons. (12)(13) 'Employee' includes an officer but not a director. A director may accept duties that make him or her also an employee. (13) (14) 'Entity' includes corporation and foreign corporation; business corporation and foreign business corporation; profit and nonprofit unincorporated association; business trust, estate, general partnership, limited partnership, trust, two or more persons having a joint or common economic interest; limited liability company and foreign limited liability company; limited liability partnership and foreign limited liability partnership; state, United States, and foreign government; and regional development center solely for the purpose of implementing subsection (f) of Code Section 50-8-35. (15) 'Foreign business corporation' means a corporation for profit incorporated under a law other than the law of this state. (14)(16) 'Foreign corporation' means a corporation organized incorporated under a law other than the law of this state which would be a nonprofit corporation if organized incorporated under, or subject to, this chapter. (15)(17) 'Governmental subdivision' includes an authority, county, district, and municipality or any other political subdivision. (16)(18) 'Includes' denotes a partial definition. (17)(19) 'Individual' includes the estate of an incompetent or deceased individual. (18)(20) 'Mail' includes the United States mail. (19)(21) 'Means' denotes an exhaustive definition. (20)(22) 'Member' means (without without regard to the name by which a person is designated in the articles or bylaws) bylaws any person who is entitled to vote for the election of a director or directors pursuant to a provision of the corporations articles or bylaws that expressly provides for or contemplates the existence of members. A person is not a member by virtue of any of the following:
(A) Any rights such person has as a delegate; (B) Any rights such person has to designate or confirm a director or directors; or

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(C) Any rights such person has as a director. (21) 'Nonprofit corporation' means a corporation which may make no distribution to its members, directors, or officers, except as reasonable compensation for services rendered, and except as otherwise provided in this chapter. (22)(23) 'Notice' is defined in Code Section 14-3-141. (23)(24) 'Person' includes an individual and an entity. (24)(25) 'Principal office' means the office (in in or out of this state) state so designated in the annual registration where the principal executive offices of a domestic or foreign corporation are located. (25)(26) 'Proceeding' includes civil suit and criminal, administrative, and investigatory action. (26)(27) 'Record date' means the date established under Article 6 or 7 of this chapter on which a corporation determines the identity of its members for purposes of this chapter. The determinations shall be made as of the close of business on the record date unless another time for doing so is specified when the record date is fixed. (27)(28) 'Secretary' means the corporate officer to whom the board of directors has delegated responsibility under subsection (b) of Code Section 14-3-840 for custody of the minutes of the meetings of the board of directors and of any members and for authenticating records of the corporation. (29) 'Signature' or 'sign' includes any manual, facsimile, conformed, or electronic signature. (28)(30) 'State,' when referring to a part of the United States, includes a state, commonwealth, the District of Columbia (and their agencies and governmental subdivisions) and a territory and insular possession (and their agencies and governmental subdivisions) of the United States. (29)(31) 'Superior court' means the superior court of the county in which the corporations registered office is located; or, if the corporation has no registered office, the county in which the corporations principal office is located; or, if the corporation has neither a registered office nor a principal office, then the Superior Court of Fulton County. (30)(32) 'United States' includes district, authority, bureau, commission, department, and any other agency of the United States. (31)(33) 'Voting power' means the total number of votes entitled to be cast for the election of directors at the time the determination of voting power is made, excluding a vote which is contingent upon the happening of a condition or event that has not occurred at the time. Where a class is entitled to vote as a class for directors, the determination of voting power of the class shall be based on the percentage of the number of directors the class is entitled to elect out of the total number of authorized directors.
14-3-141. (a) Notice under this chapter shall be in writing or by electronic transmission unless oral notice is reasonable under the circumstances.

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(b) Notice may be communicated in person; by telephone, telegraph, teletype electronic transmission, or other form of wire or wireless communication; or by mail or private carrier. If these forms of personal notice are likely to prove impracticable in particular cases, notice may in addition be communicated by a newspaper of general circulation in the area where published or by radio, television, or other form of public broadcast communication. Unless otherwise provided in the articles of incorporation, bylaws, or this chapter, notice by electronic transmission shall be deemed to be notice in writing for purposes of this chapter. (c) Written notice by a domestic or foreign corporation to its members, if in a comprehensible form, is effective when mailed, if mailed with first-class postage prepaid and correctly addressed to the members address shown in the corporations current record of members. If the corporation has more than 500 members of record entitled to vote at a meeting, it may utilize a class of mail other than first class if the notice of the meeting is mailed, with adequate postage prepaid, not less than 30 days before the date of the meeting. (d) Written notice to a domestic or foreign corporation (authorized authorized to transact business in this state) state may be addressed to its registered agent at its registered office or to the corporation or its secretary at its principal office shown in its most recent annual registration or, in the case of a foreign corporation that has not yet delivered an annual registration, in its application for a certificate of authority. (e) Except as provided in subsection (c) subsections (c) and (h) of this Code section or in the articles of incorporation or bylaws, written notice, if in a comprehensible form, is effective at the earliest of the following:
(1) When received or when delivered, properly addressed, to the addressees last known principal place of business or residence; (2) Five days after its deposit in the mail, as evidenced by the postmark, if mailed with first-class postage prepaid and correctly addressed; or (3) On the date shown on the return receipt, if sent by registered or certified mail or statutory overnight delivery, return receipt requested, and the receipt is signed by or on behalf of the addressee. (f) Oral notice is effective when communicated if communicated in a comprehensible manner. (g) In calculating time periods for notice under this chapter, when a period of time measured in days, weeks, months, years, or other measurement of time is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted but the last day shall be counted. (h)(1) Without limiting the manner by which notice otherwise may be given effectively to members, any notice to members given by the corporation under any provision of this chapter, the articles of incorporation, or the bylaws shall be effective if given by a form of electronic transmission consented to by the member to whom the notice is given. Any such consent shall be revocable by the member by written notice to the corporation. Any such consent shall be deemed revoked if:
(A) The corporation is unable to deliver by electronic transmission two consecutive

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notices given by the corporation in accordance with such consent; and (B) Such inability becomes known to the secretary or an assistant secretary of the corporation or to the transfer agent or other person responsible for the giving of notice; provided, however, that the inadvertent failure to treat such inability as a revocation shall not invalidate any meeting or other action. (2) Notice given pursuant to this subsection shall be deemed effective: (A) If by facsimile telecommunication, when transmitted to a number at which the member has consented to receive notice; (B) If by e-mail, when transmitted to an e-mail address at which the member has consented to receive notice; (C) If by a posting on an electronic network together with separate notice to the member of such specific posting, upon the later of (i) such posting or (ii) the giving of such separate notice; and (D) If by any other form of electronic transmission, when transmitted to the member. (i) An affidavit, certificate, or other written confirmation of the secretary or an assistant secretary or of the transfer agent or other agent of the corporation that the notice has been given under this Code section shall, in the absence of fraud, be prima-facie evidence of the facts stated therein. (j) The corporation may be obligated to accept from a member consents, requests, demands, or notices given and delivered under this chapter to the principal place of business of the corporation or to an officer or agent of the corporation having custody of the books in which proceedings of meetings of members are recorded by electronic transmission only as provided by resolution of the board of directors of the corporation or in the articles of incorporation. (k) Unless the registered agent of the corporation shall provide written consent to the corporation to the receipt of a members consent, request, demand, or notice by electronic transmission under this chapter, delivery made to a corporations registered office shall be made by hand or by certified or registered mail or statutory overnight delivery, return receipt requested. (l) If this chapter prescribes notice requirements for particular circumstances, those requirements govern. If articles of incorporation or bylaws prescribe notice requirements, not inconsistent with this Code section or other provisions of this chapter, those requirements govern."
SECTION 23. Said chapter is further amended by striking subsection (a) of Code Section 14-3-160, relating to court ordered meetings, notice of such meetings, and the validity of such meetings or votes relative to nonprofit corporations, in its entirety and inserting in lieu thereof the following:
"(a) If for any reason it is impractical or impossible for any corporation to call or conduct a meeting of its members, delegates, or directors, or otherwise obtain their

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consent, in the manner prescribed by its articles, bylaws, or this chapter, then upon petition of a director, officer, delegate, member, or the Attorney General, the superior court may order that such a meeting be called or that a written ballot in writing or by electronic transmission or other form of obtaining the vote of members, delegates, or directors be authorized, in such a manner as the court finds fair and equitable under the circumstances."
SECTION 24. Said chapter is further amended by striking in its entirety Code Section 14-3-202.1, relating to publication of notice of intent to file articles of incorporation of nonprofit corporations, and inserting in lieu thereof the following:
"14-3-202.1. Code Section 14-2-201.1 shall apply equally to the organization of corporations under this chapter, except that the notice to the publisher of the newspaper shall be in substantially the following form:
'NOTICE OF INTENT TO INCORPORATE INCORPORATION Notice is given that articles of incorporation which will incorporate _________________________ (name of corporation) will be have been delivered to the Secretary of State for filing in accordance with the Georgia Nonprofit Corporation Code. The initial registered office of the corporation will be is located at _______________________ (address of registered office) and its initial registered agent at such address is _______________________ (name of agent).'"
SECTION 25. Said chapter is further amended by striking subsection (b) of Code Section 14-3-205, relating to organizational meetings relative to nonprofit corporations, and inserting in lieu thereof the following:
"(b) Action required or permitted by this chapter to be taken by incorporators at an organizational meeting may be taken without a meeting if the action taken is evidenced by one or more written consents in writing or by electronic transmission describing the action taken and signed by each incorporator."
SECTION 26. Said chapter is further amended by striking subsection (b) of Code Section 14-3-304, relating to ultra vires purposes and powers relative to nonprofit corporations, and inserting in lieu thereof the following:
"(b) A corporations power to act may be challenged: (1) In a proceeding by a member against the corporation to enjoin the act; (2) In a proceeding by the corporation, directly, derivatively, or through a receiver, trustee, or other legal representative, against an incumbent or former director, officer, employee, or agent of the corporation; or (3) In a proceeding by the Attorney General under Code Section 14-2-1430 14-31430."

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SECTION 27. Said chapter is further amended by striking subsections (a) and (b) of Code Section 14-3305, relating to a nonprofit defined, rights, reporting practices, and the directors role, and inserting in lieu thereof the following:
"(a) As used in this Code section, the term 'nonprofit' means any nonprofit corporation organized under or subject to this chapter which is formed, created, or operated by or on behalf of a hospital authority. (b) Nonprofits shall have all of the rights, powers, benefits, and purposes granted to other nonprofit corporations under this chapter and shall not be subject to any restrictions contained in Article 4 of Chapter 7 of Title 31, the 'Hospital Authorities Law,' except as provided in subsections (c) and (d) of this Code section."
SECTION 28. Said chapter is further amended by striking subsection (b) of Code Section 14-3-510, relating to venue, residency, and principal office requirements, and inserting in lieu thereof the following:
"(b) For the purpose of determining venue, each Each domestic corporation and each foreign corporation authorized to transact business in this state shall be deemed to reside and to be subject to venue as follows:
(1) For purposes of In civil proceedings generally, in the county of this state where the corporation maintains its registered office is maintained, or if the corporation fails to maintain a registered office, it shall be deemed to reside in the county in this state where its last named registered office or principal office, as shown by the records of the Secretary of State, was maintained; (2) For purposes of proceedings In actions based on contracts, in that county in which this state where the contract sought to be enforced was made or is to be performed, if it the corporation has an office and transacts business in that county, and may be sued; (3) For purposes of proceedings In actions for damages because of torts, wrong, or injury done, in the county where the cause of action originated, if the corporation has an office and transacts business in that county; and (4) In actions for damages because of torts, wrong, or injury done, in the county where the cause of action originated. If venue is based solely on this paragraph, the defendant shall have the right to remove the action to the county in Georgia where the defendant maintains its principal place of business. A notice of removal shall be filed within 45 days of service of the summons. Upon motion by the plaintiff filed within 45 days of the removal, the court to which the case is removed may remand the case to the original court if it finds that removal is improper under the provisions of this paragraph. Upon the defendants filing of a notice of removal, the 45 day time period for filing such notice shall be tolled until the remand, the entry of an order by the court determining that the removal is valid, or the expiration of the time period for the plaintiff to file a motion challenging the removal, whichever occurs first; and (5) In For purposes of garnishment proceedings, in the county of this state in which is

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located the corporate office or place of business where the employee who is the defendant in the main action is employed."
SECTION 29. Said chapter is further amended by striking in its entirety Code Section 14-3-610, relating to voting rights relative to members of nonprofit corporations, and inserting in lieu thereof the following:
"14-3-610. Members as defined in paragraph (20) (22) of Code Section 14-3-140 shall have no voting rights, other than to elect directors, except as specifically provided in the articles or bylaws. All members shall have the same rights and obligations with respect to any other matters, except as set forth in or authorized by the articles or bylaws. Except for the rights specified in Code Section 14-3-630 Sections 14-3-740 through 14-3-747, members of any corporation existing on July 1, 1991, shall be limited to having the same voting and other rights as before such date, until changed by amendment of its articles of incorporation or bylaws."
SECTION 30. Said chapter is further amended by striking subsection (a) of Code Section 14-3-620, relating to the resignation of a member of a nonprofit corporation and the effect thereof, and inserting in lieu thereof the following:
"(a) Unless otherwise provided by law, a member may resign from membership at any time by delivering notice in writing or by electronic transmission to the corporation. A resignation is effective when the notice is delivered unless the notice specifies a later effective date, although the articles or bylaws may require reasonable notice before the resignation is effective."
SECTION 31. Said chapter is further amended by striking in its entirety Code Section 14-3-702, relating to special meetings of members of nonprofit corporations, and inserting in lieu thereof the following:
"14-3-702. (a) A corporation with members shall hold a special meeting of members:
(1) On call of its board or the person or persons authorized to do so by the articles or bylaws; or (2) Except as otherwise provided in the articles or bylaws, if the holders of at least 5 percent of the voting power of any corporation sign, date, and deliver to any corporate officer one or more written demands in writing or by electronic transmission for the meeting describing the purpose or purposes for which it is to be held. (b) If not otherwise fixed under Code Section 14-3-703 or Code Section 14-3-707, the record date for determining members entitled to demand a special meeting is the date the first member signs the demand.

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(c) If a notice for a special meeting demanded under paragraph (2) of subsection (a) of this Code section is not given pursuant to Code Section 14-3-705 within 30 days after the date the written demand or demands in writing or by electronic transmission are delivered to a corporate officer, regardless of the requirements of subsection (d) of this Code section, a person signing the demand or demands may set the time and place of the meeting and give notice pursuant to Code Section 14-3-705. (d) Special meetings of members may be held in or out of this state at the place stated in or fixed in accordance with the bylaws. If no place is stated or fixed in accordance with the bylaws, special meetings shall be held at the corporations principal office or other suitable place. (e) Only those matters that are within the purpose or purposes described in the meeting notice required by Code Section 14-3-705 may be conducted at a special meeting of members. (f) Unless otherwise provided in the articles, a demand by a member for a special meeting may be revoked by a written or electronic transmission to that effect by the member received by the corporation prior to the call of the special meeting. (g) A bylaw provision governing the voting power required to call special meetings is not a quorum or voting requirement."
SECTION 32. Said chapter is further amended by striking in its entirety Code Section 14-3-704, relating to approval of action without a meeting of the members of a nonprofit corporation, and inserting in lieu thereof the following:
"14-3-704. (a) Unless limited or prohibited by the articles or bylaws, or unless this chapter requires a greater number of affirmative votes, action required or permitted by this chapter to be approved by the members may be approved without a meeting of members if the action is approved by members holding at least a majority of the voting power. The action must be evidenced by one or more written consents in writing or by electronic transmission describing the action taken, signed by those members representing at least a majority of the voting power, and delivered to the corporation for inclusion in the minutes or filing with the corporate records. (b) No consent in writing or by electronic transmission signed under this Code section shall be valid unless:
(1) The consenting member has been furnished the same material that, under this chapter, would have been required to be sent to members in a notice of a meeting at which the proposed action would have been submitted to the members for action; or (2) The written consent contains an express waiver of the right to receive the material otherwise required to be furnished. (c) If not otherwise determined under Code Section 14-3-703 or Code Section 14-3707, the record date for determining members entitled to take action without a meeting is the date the first member signs the consent. (c)(d) A consent signed under this Code section has the effect of a meeting vote and

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may be described as such in any document. (d)(e) Written notice of member approval pursuant to this Code section shall be given to all members who have not signed the written consent. If written notice is required, member approval pursuant to this Code section shall be effective ten days after such written notice is given. (f) An electronic transmission which is transmitted by a member that evidences a members consent or approval on a ballot, requests or demands an action to be taken by the corporation, or provides notice to the corporation under this chapter shall be deemed to be written, signed, and dated for the purposes of this chapter, provided that any such electronic transmission sets forth or is delivered with information from which the corporation can determine (1) that the electronic transmission was transmitted by the member and (2) the date on which such member transmitted such electronic transmission. The date on which such electronic transmission is transmitted shall be deemed to be the date on which such consent, request, demand, or notice was signed."
SECTION 33. Said chapter is further amended by striking subsection (e) of Code Section 14-3-705, relating to notice of a meeting of members of a nonprofit corporation, and inserting in lieu thereof the following:
"(e) When giving notice of an annual, regular, or special meeting of members, a corporation shall give notice of a matter a member intends to raise at the meeting if:
(1) Requested in writing or by electronic transmission to do so by a person entitled to call a special meeting; and (2) The request is received by the secretary or president of the corporation at least ten days before the corporation gives notice of the meeting."
SECTION 34. Said chapter is further amended by striking subsection (a) of Code Section 14-3-706, relating to waiver of notice by a member of a nonprofit corporation, and inserting in lieu thereof the following:
"(a) A member may waive any notice required by this chapter, the articles, or bylaws before or after the date and time stated in the notice. The waiver must be in writing or by electronic transmission, be signed by the member entitled to the notice, and be delivered to the corporation for inclusion in the minutes or filing with the corporate records."
SECTION 35. Said chapter is further amended by striking in its entirety Code Section 14-3-708, relating to action taken without a meeting of the members of a nonprofit corporation, and inserting in lieu thereof the following:
"14-3-708. (a) Unless prohibited or limited by the articles or bylaws, any action that may be taken at any annual, regular, or special meeting of members may be taken without a meeting

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if the corporation delivers a written ballot in writing or by electronic transmission to every member entitled to vote on the matter. (b) A written ballot in writing or by electronic transmission shall:
(1) Set forth each proposed action; and (2) Provide an opportunity to vote for or against each proposed action. (c) Approval by written ballot in writing or by electronic transmission pursuant to this Code section shall be valid only when the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action, and the number of approvals equals or exceeds the number of votes that would be required to approve the matter at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot. (d) All solicitations for votes by written ballot in writing or by electronic transmission shall: (1) Indicate the number of responses needed to meet the quorum requirements; (2) State the percentage of approvals necessary to approve each matter other than election of directors; and (3) Specify the time by which a ballot must be received by the corporation in order to be counted. (e) Except as otherwise provided in the articles or bylaws, a written ballot in writing or by electronic transmission may not be revoked."
SECTION 36. Said chapter is further amended by striking subsections (a) through (c) of Code Section 14-3-720, relating to membership lists of nonprofit corporations, and inserting in lieu thereof the following:
"(a) After fixing a record date for a meeting, a corporation shall prepare an alphabetical list of the names of all its members who are entitled to notice of the meeting. The list must show the address of and number of votes each member is entitled to vote at the meeting. Nothing contained in this Code section shall require the corporation to include e-mail addresses or other information for delivery of electronic transmissions on such list. (b) The list of members must be available for inspection by any member for the purpose of communication with other members concerning the meeting, beginning two business days after notice is given of the meeting for which the list was prepared and continuing through the meeting: (1) on a reasonably accessible electronic network, provided that the information required to gain access to such list is provided with the notice of the meeting or upon request or (2) during ordinary business hours, at the corporations principal office or at a reasonable place identified in the meeting notice in the city where the meeting will be held. In the event that the corporation makes the list available on an electronic network, the corporation may take reasonable steps to ensure that such information is available only to members of the corporation. A member, a members agent, or a members attorney is entitled on written demand to inspect and,

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subject to the limitations of subsection (c) of Code Section 14-3-1602 and Code Section 14-3-1605, to copy the list, at a reasonable time and at the members expense, during the period it is available for inspection. (c) The If the meeting is to be held in person, the corporation shall make the list of members available at the meeting, and any member, a members agent, or members attorney is entitled to inspect the list at any time during the meeting or any adjournment. If the meeting is to be held solely by means of remote communication, then the list shall be open to the examination of any member during the duration of the meeting on a reasonably accessible electronic network, and the information required to access such list shall be provided with the notice of the meeting."
SECTION 37. Said chapter is further amended by striking in its entirety Code Section 14-3-724, relating to proxies relative to voting by members of nonprofit corporations, and inserting in lieu thereof the following:
"14-3-724. (a) Unless the articles or bylaws prohibit or limit proxy voting, a member may vote in person or by proxy. (b) A member or his or her agent or attorney in fact may appoint a proxy to vote or otherwise act for the member by signing an appointment form either personally or by an attorney in fact an electronic transmission. An electronic transmission must contain or be accompanied by information from which it can be determined that the member, the members agent, or the members attorney in fact authorized the electronic transmission. (c) An appointment of a proxy is effective when a signed appointment form or electronic transmission of the appointment is received by the secretary or other officer or agent authorized to tabulate votes. An appointment is valid for 11 months unless a different period is expressly provided in the appointment form. (d) An appointment of a proxy is revocable by the member. (e) The death or incapacity of the member appointing a proxy does not affect the right of the corporation to accept the proxys authority unless notice of the death or incapacity is received by the secretary or other officer or agent authorized to tabulate votes before the proxy exercises authority under the appointment. (f) Appointment of a proxy is revoked by the person appointing the proxy:
(1) Attending any meeting and voting in person; or (2) Signing and delivering to the secretary or other officer or agent authorized to tabulate proxy votes either a writing stating that the appointment of the proxy is revoked or a subsequent appointment form. (g) Subject to Code Section 14-3-727 and any express limitation on the proxys authority appearing on the face of the appointment form or in the electronic transmission, a corporation is entitled to accept the proxys vote or other action as that of the member making the appointment.

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(h) Any copy, facsimile transmission, or other reliable reproduction of the writing or electronic transmission created pursuant to subsection (b) of this Code section may be substituted or used in lieu of the original writing or electronic transmission for any and all purposes for which the original writing or electronic transmission could be used, provided that such copy, facsimile transmission, or other reproduction shall be a complete reproduction of the entire original writing or electronic transmission. (i) A corporation may adopt bylaws authorizing additional means or procedures for members to exercise rights granted by this Code section."
SECTION 38. Said chapter is further amended by striking subsections (c) through (e) of Code Section 14-3-727, relating to the validity of a signature on a proxy by a member of a nonprofit corporation, and inserting in lieu thereof the following:
"(c) The corporation is entitled to reject a vote, consent, waiver, or proxy appointment if the secretary or other officer or agent authorized to tabulate votes, acting in good faith, has reasonable basis for doubt about the validity of the signature on it or about the signatorys authority to sign for the member or about the faithfulness or completeness of the reproduction when the original has not been examined. (d) The corporation and its officer or agent who accept or reject a vote, consent, waiver, or proxy appointment in good faith and in accordance with the standards of this Code section or subsection (b) of Code Section 14-3-724 are not liable in damages to the member for the consequences of the acceptance or rejection. (e) Corporate action based on the acceptance or rejection of a vote, consent, waiver, or proxy appointment under this Code section or subsection (b) of Code Section 14-3-724 is valid unless a court of competent jurisdiction determines otherwise."
SECTION 39. Said chapter is further amended by striking subsection (a) of Code Section 14-3-807, relating to the resignation of directors of nonprofit corporations, and inserting in lieu thereof the following:
"(a) A director may resign at any time by delivering written notice in writing or by electronic transmission to the board of directors, its presiding officer, or to the president or secretary, or in such other manner as the articles or bylaws may provide."
SECTION 40. Said chapter is further amended by striking subsections (b) and (d) of Code Section 14-3821, relating to action taken without a meeting of the board of directors of a nonprofit corporation, and inserting in lieu thereof the following:
"(b) Action taken without a meeting shall be taken by all members of the board, unless the articles or bylaws specifically permit such action to be taken by less than all, but not less than a majority of the board. The action must be evidenced by one or more written consents in writing or by electronic transmission describing the action taken, signed by

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no fewer than the required number of directors, and delivered to the corporation for inclusion in the minutes for filing with the corporate records reflecting the action taken. Such filing shall be in paper form if the minutes are maintained in paper form and shall be in electronic form if the minutes are maintained in electronic form." "(d) A consent signed and delivered by a director under this Code section has the effect of a meeting vote and may be described as such in any document."
SECTION 41. Said chapter is further amended by striking subsection (a) of Code Section 14-3-823, relating to waiver of notice of a meeting of the board of directors of a nonprofit corporation, and inserting in lieu thereof the following:
"(a) A director may waive any notice required by this chapter, the articles of incorporation, or bylaws before or after the date and time stated in the notice. Except as provided by subsection (b) of this Code section, the waiver must be in writing or by electronic transmission, signed by the director entitled to the notice, and delivered to the corporation for inclusion in the minutes or filing with the corporate records."
SECTION 42. Said chapter is further amended by striking in its entirety Code Section 14-3-841, relating to duties of officers of nonprofit corporations, and inserting in lieu thereof the following:
"14-3-841. Each officer has the authority and shall perform the duties set forth in the articles or bylaws or, to the extent consistent with the articles or bylaws, the duties and authority prescribed by the board or by direction of an officer authorized by the board to prescribe the duties and authority of other officers. Unless the articles, bylaws, or a resolution of the board of directors of the corporation provides otherwise, the chief executive officer or the president if no person has been designated as chief executive officer of the corporation shall have authority to conduct all ordinary business on behalf of the corporation and may execute and deliver on behalf of the corporation any contract, conveyance, or similar document not requiring approval by the board of directors or members as provided in this chapter."
SECTION 43. Said chapter is further amended by striking subsection (a) of Code Section 14-3-843, relating to resignation and removal of officers of nonprofit corporations, and inserting in lieu thereof the following:
"(a) An officer may resign at any time by delivering notice in writing or by electronic transmission to the corporation. A resignation is effective when the notice is effective unless the notice specifies a future effective date. If a resignation is made effective at a future date and the corporation accepts the future effective date, its board of directors may fill the pending vacancy before the effective date if the board provides that the successor does not take office until the effective date."

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SECTION 44. Said chapter is further amended by striking subparagraph (a)(2)(C) of Code Section 14-3856, relating to indemnification of officers, employees, and agents of nonprofit corporations, and inserting in lieu thereof the following:
"(C) The types of liability set forth in Code Section 14-2-832 14-3-831; or".
SECTION 45. Said chapter is further amended by striking subsections (a) and (b) of Code Section 14-3858, relating to applicability of indemnification provisions in certain official documents of nonprofit corporations, and inserting in lieu thereof the following:
"(a) A corporation may, by a provision in its articles of incorporation or bylaws or in a resolution adopted or a contract approved by its board of directors or shareholders members, obligate itself in advance of the act or omission giving rise to a proceeding to provide indemnification or advance funds to pay for or reimburse expenses consistent with this part. Any such provision that obligates the corporation to provide indemnification to the fullest extent permitted by law shall be deemed to obligate the corporation to advance funds to pay for or reimburse expenses in accordance with Code Section 14-3-853 to the fullest extent permitted by law, unless the provision specifically provides otherwise. Any such provision existing on July 1, 1991, shall be valid to the extent it does not provide for broader indemnification than is allowed under this part. (b) Any provision pursuant to subsection (a) of this Code section shall not obligate the corporation to indemnify or advance expenses to a director of a predecessor of the corporation, pertaining to conduct with respect to the predecessor, unless otherwise specifically provided. Any provision for indemnification or advance for expenses in the articles of incorporation, bylaws, or a resolution of the board of directors, members, or shareholders, partners, or, in the case of limited liability companies, members or managers of a predecessor of the corporation or other entity in a merger or in a contract to which the predecessor is a party, existing at the time the merger takes effect, shall be governed by paragraph (3) of Code Section 14-3-1105."
SECTION 46. Said chapter is further amended by striking in their entirety subsections (c), (d), (e), and (g) of Code Section 14-3-1006, relating to restated articles of incorporation for nonprofit corporations, and inserting in lieu thereof the following:
"(c) If the board seeks to have the restatement approved by the members at a membership meeting, the corporation shall notify each of its members of the proposed membership meeting in writing in accordance with Code Section 14-3-705. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the proposed restatement and contain or be accompanied by a copy or summary of the restatement that identifies any amendments or other change it would make in the articles or contain or be accompanied by a full and complete summary of any such amendment or other change.

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(d) If the board seeks to have the restatement approved by the members by written consent or written ballot, the material soliciting the approval shall contain or be accompanied by a copy or summary of the restatement that identifies any amendments or other change it would make in the articles or contain or be accompanied by a full and complete summary of any such amendment or other change. (e) A corporation restating its articles of incorporation shall deliver to the Secretary of State for filing articles of restatement setting forth the name of the corporation and the text of the restated articles of incorporation, including or accompanied by together with a certificate setting forth the following information:
(1) Whether the restatement contains an amendment to the articles requiring approval by the members or any other person other than the board of directors and, if it does not, that the board of directors adopted the restatement; or (2) If the restatement contains an amendment to the articles requiring approval by the members, the information required by Code Section 14-3-1005; and (3) If the restatement contains an amendment to the articles requiring approval by a person whose approval is required pursuant to Code Sections 14-3-1030 and 14-31041, a statement that such approval was obtained." "(g) The Secretary of State may certify restated articles of incorporation, as the articles of incorporation currently in effect, without including the any certificate information required by filed pursuant to subsection (e) of this Code section."
SECTION 47. Said chapter is further amended by striking in its entirety Code Section 14-3-1101, relating to definitions and plans for mergers of nonprofit corporations, and inserting in lieu thereof the following:
"14-3-1101. (a) As used in this Code section, the term:
(1) 'Business corporation' means a corporation for profit, incorporated under the provisions of Chapter 2 of this title. (2) 'Entity' includes any domestic or foreign business corporation, domestic or foreign nonprofit corporation, domestic or foreign limited liability company, domestic or foreign joint-stock association, or domestic or foreign limited partnership. (3) 'Foreign business corporation' means a corporation for profit incorporated under a law other than the law of this state. (4) 'Governing agreements' includes the articles of incorporation and bylaws of a domestic or foreign business corporation or domestic or foreign nonprofit corporation, articles of association or trust agreement or indenture and bylaws of a joint-stock association, articles of organization and operating agreement of a limited liability company, and the certificate of limited partnership and limited partnership agreement of a limited partnership, and agreements serving comparable purposes under the laws of other states or jurisdictions. (5) 'Joint-stock association' includes any association of the kind commonly known as

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a joint-stock association or joint-stock company and any unincorporated association, trust, or enterprise having members or having outstanding shares of stock or other evidences of financial and beneficial interest therein, whether formed by agreement or under statutory authority or otherwise, but does not include a corporation, partnership, or nonprofit organization. A joint-stock association as defined in this paragraph may be one formed under the laws of this state, including a trust created pursuant to Article 3 of Chapter 12 of Title 53, or one formed under or pursuant to the laws of any other state or jurisdiction. (6) 'Limited liability company' includes limited liability companies formed under the laws of this state or of any other state or territory or the District of Columbia, unless the laws of such other state or jurisdiction forbid the merger of a limited partnership with a corporation. (7) 'Limited partnership' includes limited partnerships formed under the laws of this state or of any other state or territory or the District of Columbia, unless the laws of such other state or jurisdiction forbid the merger of a limited partnership with a corporation. (8) 'Share' includes shares, memberships, financial or beneficial interests, units, or proprietary or partnership interests in a domestic or foreign business corporation, limited liability company, joint-stock association, or a limited partnership but does not include debt obligations of any entity. (9) 'Shareholder' includes every shareholder, member, or partner in a domestic or foreign business corporation, a limited liability company, a joint-stock association, or a limited partnership that is a party to a merger or a holder of a share of stock or other evidence of financial or beneficial interest therein. (b)(a) Subject to the limitations set forth in Code Section 14-3-1102, one or more nonprofit corporations may merge into an entity another corporation if the plan of merger is approved as provided in Code Section 14-3-1103. (c)(b) The plan of merger must set forth: (1) The name of each corporation and entity planning to merge and the name of the surviving corporation or entity into which each plans to merge; (2) The terms and conditions of the planned merger; and (3) The manner and basis, if any, of converting the memberships of each corporation and the shares, financial or beneficial interests, or units in each of the entities into shares, obligations, memberships, or other securities of the surviving or any other corporation or entity or into cash or other property in whole or in part. (d)(c) The plan of merger may set forth: (1) Any amendments Amendments to the articles of incorporation, bylaws, or governing agreements of the surviving corporation or entity to be effected by the planned merger; and (2) Other provisions relating to the planned merger. (d) Any of the terms of the plan of merger may be made dependent upon facts ascertainable outside of the plan of merger, provided that the manner in which such facts shall operate upon the terms of the merger is clearly and expressly set forth in the

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plan of merger. As used in this subsection, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation."
SECTION 48. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 14-3-1102, relating to a merger without court approval, notice to the Attorney General, and receipt or retention by a member of anything resulting from a merger, and inserting in lieu thereof a new subsection (a) and by adding at the end thereof a new subsection (d) to read as follows:
"(a) Without the prior approval of the superior court in a proceeding of which the Attorney General has been given written notice, a corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302 may merge with a domestic corporation or foreign corporation or other entity, provided that:
(1) The corporation or entity which is the surviving corporation or entity is a corporation or entity described in paragraph (2) of subsection (a) in Code Section 143-1302 after the merger; or
(2)(A) On or prior to the effective date of the merger, assets with a value equal to the greater of the fair market value of the net tangible and intangible assets (including including good will) will of the corporation or the fair market value of the corporation if it were to be operated as a business concern are transferred or conveyed to one or more persons who would have received its assets under subsection (b) of Code Section 14-3-1403 had it dissolved; (B) It shall return, transfer, or convey any assets held by it upon condition requiring return, transfer, or conveyance, which condition occurs by reason of the merger, in accordance with such condition; and (C) The merger is approved by a majority of directors of the corporation who are not and will not become members or shareholders in or officers, employees, agents, or consultants of the surviving corporation or entity." "(d) For purposes of this Code section, the definitions contained in Code Section 14-31108 shall be applicable."
SECTION 49. Said chapter is further amended by striking subsections (a) and (e) of Code Section 14-31103, relating to approval of plan of merger by members or directors and abandonment of the plan, and inserting in lieu thereof the following:
"(a) Unless this chapter, the articles, the bylaws, or the board of directors or members (acting acting pursuant to subsection (c) of this Code section) section require a greater vote or voting by class, a plan of merger to be adopted authorized must be approved:
(1) By the board; (2) By the members, if any, by two-thirds of the votes cast or a majority of the voting power, whichever is less; and

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(3) In writing by any person or persons whose approval is required by a provision of the articles authorized by Code Section 14-3-1030 for an amendment to the articles or bylaws." "(e) If the board seeks to have the plan approved by the members by written consent or written ballot in writing or electronic transmission, the material soliciting the approval shall contain or be accompanied by a copy or summary of the plan. The copy or summary of the plan for members of the surviving corporation shall include any provision that, if contained in a proposed amendment to the articles of incorporation or bylaws, would entitle members to vote on the provision. The copy or summary of the plan for members of the disappearing corporation shall include a copy or summary of the articles and bylaws that will be in effect immediately after the merger takes effect."
SECTION 50. Said chapter is further amended by striking in its entirety Code Section 14-3-1104, relating to articles of merger and publication of notice of merger, and inserting in lieu thereof the following:
"14-3-1104. (a) After a plan of merger is approved by the board of directors, and, if required by Code Section 14-3-1103, by the members and any other persons, the surviving or acquiring corporation or entity shall deliver to the Secretary of State for filing articles of merger setting forth:
(1) The plan of merger; (2) If approval of members was not required, a statement to that effect and a statement that the plan was approved by a sufficient vote of the board of directors; (3) If approval by members was required:
(A) The designation, number of memberships outstanding, number of votes entitled to be cast by each class entitled to vote separately on the plan, and number of votes of each class indisputably voting on the plan; and (B) Either the total number of votes cast for and against the plan by each class entitled to vote separately on the plan or the total number of undisputed votes cast for the plan by each class and a statement that the number cast for the plan by each class was sufficient for approval by that class; (4) If approval of the plan by some person or persons other than the members or the board is required pursuant to paragraph (3) of subsection (a) of Code Section 14-31103, a statement that the approval was obtained; and (5) If approval of the shareholders of one or more corporations or entities party to the merger was required, a statement that the merger was duly approved by the shareholders. The merging corporation or entity shall deliver the articles of merger to the Secretary of State for filing in substantially the same manner as provided in its governing agreements and in compliance with any applicable laws applying to domestic entities, or, in the absence of such requirements, in substantially the same manner as provided in Code Section 14-2-1105 and shall comply with the provisions

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of Code Section 14-2-1105.1, except that the notice to the publisher of the newspaper shall be in substantially the following form:
'NOTICE OF MERGER Notice is given that articles or a certificate of merger by and between _______________________ (name and state of incorporation or organization of each of the constituent corporations or entities) will be delivered to the Secretary of State for filing in accordance with the Georgia Nonprofit Corporation Code. The name of the surviving corporation (or other entity) in the merger will be _______________________, a corporation (or other entity) incorporated (organized pursuant to the laws of) in the State of ______________. The registered office of such corporation (name of type of entity) (is) (will be) located at _______________________ (address of registered office) and its registered (agent) (agents) at such address (is) (are) _______________________ (name or names of agent or agents).' (b) In lieu of filing articles of merger that set forth the plan of merger, the surviving or acquiring corporation or entity may file deliver to the Secretary of State for filing a certificate of merger which sets forth: (1) The name and state of incorporation of each corporation or entity which is merging and the name of the surviving corporation or entity into which each other corporation or entity is merging; (2) Any amendments to the articles of incorporation or governing agreements of the surviving corporation or entity; (3) That the executed plan of merger is on file at the principal place of business of the surviving corporation or entity, stating the address thereof; (4) That a copy of the plan of merger will be furnished by the surviving corporation or entity, on request and without cost, to any member or shareholder of any corporation or entity that is a party to the merger; (5) If shareholder approval of members was not required, a statement to that effect; and a statement that the plan was approved by a sufficient vote of the board of directors; (6) If approval by members was required: (A) The designation, number of memberships outstanding, number of votes entitled to be cast by each class entitled to vote separately on the plan, and number of votes of each class indisputably voting on the plan; and (B) Either the total number of votes cast for and against the plan by each class entitled to vote separately on the plan or the total number of undisputed votes cast for the plan by each class and a statement that the number cast for the plan by each class was sufficient for approval by that class; (7) If approval of the plan by some person or persons other than the members or the board is required pursuant to paragraph (3) of subsection (a) of Code Section 14-31103, a statement that the approval was obtained; and (8) If approval of the shareholders of one or more corporations or entities party to the merger was required, a statement that the merger was duly approved by the

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shareholders. (c) Unless a delayed effective date is specified, a merger takes effect when the articles or certificate of merger is filed. (d) For purposes of this Code section, the definitions contained in Code Section 14-31108 shall be applicable."
SECTION 51. Said chapter is further amended by adding immediately following Code Section 14-31104 a new Code Section 14-3-1104.1 to read as follows:
"14-3-1104.1. (a) Together with the articles or certificate of merger, the surviving corporation or entity shall deliver to the Secretary of State an undertaking which may appear in the articles or certificate of merger or be set forth in a letter or other instrument executed by an officer or any person authorized to act on behalf of such corporation or entity that the request for publication of a notice of filing the articles or certificate of merger and payment therefor will be made as required by subsection (b) of this Code section. (b) No later than the next business day after filing the articles or certificate of merger, the surviving corporation or entity shall mail or deliver to the publisher of a newspaper which is the official organ of the county where the registered office of the surviving corporation or entity is to be located, if the surviving corporation or entity will be required to maintain a registered office in Georgia, or where the registered office of the merging corporation or entity was located prior to the merger in any other case, or which is a newspaper of general circulation published within such county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation a request to publish a notice in substantially the following form:
'NOTICE OF MERGER Notice is given that articles or a certificate of merger which will effect a merger by and between (or among) __________ (name and state of incorporation or organization of each constituent corporation or entity) will be delivered to the Secretary of State for filing in accordance with the Georgia Nonprofit Corporation Code. The name of the surviving corporation (or other entity) in the merger will be ________, a corporation (or other entity) incorporated (organized pursuant to the laws of) in the State of ________. The registered office of such corporation (name of type of entity) (is) (will be) located at __________ (address of registered office) and its registered (agent) (agents) at such address (is) (are) __________ (name or names of agent or agents).' The request for publication of the notice shall be accompanied by a check, draft, or money order in the amount of $40.00 in payment of the cost of publication. The notice shall be published once a week for two consecutive weeks commencing within ten days after receipt of the notice by the newspaper. Failure on the part of the surviving corporation or entity to mail or deliver the notice or payment therefor or failure on the part of the newspaper to publish the notice in compliance with this subsection shall not invalidate the merger.

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(c) For purposes of this Code section, the definitions contained in Code Section 14-31108 shall be applicable."
SECTION 52. Said chapter is further amended by striking in their entirety Code Sections 14-3-1105, relating to effect of mergers, 14-3-1106, relating to mergers with foreign corporations, and 14-3-1107, relating to effect of mergers on bequests, devises, or other transfers of property, and inserting in lieu thereof the following:
"14-3-1105. (a) When a merger governed by this chapter takes effect:
(1) Every other corporation or entity party to the merger merges into the surviving corporation or entity and the separate existence of every corporation except the surviving corporation or entity ceases; (2) The title to all real estate and other property owned by, and every contract right possessed by, each corporation or entity party to the merger is vested in the surviving corporation or entity without reversion or impairment, without further act or deed, and without any conveyance, transfer, or assignment having occurred, subject to any and all conditions to which the property was subject prior to the merger; (3) The surviving corporation or entity has all liabilities and obligations of each corporation or entity party to the merger; (4) A proceeding pending against any corporation or entity party to the merger may be continued as if the merger did not occur or the surviving corporation or entity may be substituted in the proceeding for the corporation or entity whose existence ceased; and (5) The articles of incorporation and bylaws or governing agreements of the surviving corporation or entity are amended to the extent provided in the plan of merger. (b) For purposes of this Code section, the definitions contained in Code Section 14-31108 shall be applicable.
14-3-1106. (a) Except as provided in Code Section 14-3-1102, one or more foreign corporations or foreign business or nonprofit corporations may merge with one or more domestic nonprofit corporations if:
(1) The merger is permitted by the law of the state or country under whose law each foreign corporation or foreign business corporation is incorporated and each foreign corporation or foreign business corporation complies with that law in effecting the merger; (2) The foreign corporation or foreign business corporation complies with Code Section 14-3-1104 Sections 14-3-1104 and 14-3-1104.1 if it is the surviving corporation of the merger; and (3) Each domestic nonprofit corporation complies with the applicable provisions of Code Sections 14-3-1101 through 14-3-1103 and, if it is the surviving corporation of

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the merger, with Code Section 14-3-1104 Sections 14-3-1104 and 14-3-1104.1. (b) Upon the merger taking effect, the surviving foreign corporation or foreign business corporation, if it does not have a registered agent in this state, shall be deemed to have appointed the Secretary of State as its registered agent for service of process in a proceeding to enforce any obligation of a domestic corporation party to the merger, until such time as it appoints a registered agent in this state.
14-3-1107. Any bequest, devise, gift, grant, or promise contained in a will or other instrument of donation, subscription, or conveyance, that is made to a constituent corporation or entity and that takes effect or remains payable after the merger, inures to the surviving corporation or entity unless the will or other instrument otherwise specifically provides. "
SECTION 53. Said chapter is further amended by adding immediately following Code Section 14-31107 a new Code Section 14-3-1108 to read as follows:
"14-3-1108. (a) As used in this Code section and in Code Section 14-3-1107, the term:
(1) 'Entity' includes any business corporation or foreign business corporation, domestic or foreign limited liability company, domestic or foreign joint-stock association, or domestic or foreign limited partnership. (2) 'Governing agreements' includes the articles of incorporation and bylaws of a business corporation, foreign business corporation, corporation or foreign corporation, articles of association or trust agreement or indenture and bylaws of a joint-stock association, articles of organization and operating agreement of a limited liability company, and the certificate of limited partnership and limited partnership agreement of a limited partnership, and agreements serving comparable purposes under the laws of other states or jurisdictions. (3) 'Joint-stock association' includes any association of the kind commonly known as a joint-stock association or joint-stock company and any unincorporated association, trust, or enterprise having members or having outstanding shares of stock or other evidences of financial and beneficial interest therein, whether formed by agreement or under statutory authority or otherwise, but does not include a corporation, partnership, limited liability partnership, limited liability company, or nonprofit organization. A joint-stock association as defined in this paragraph may be one formed under the laws of this state, including a trust created pursuant to Article 3 of Chapter 12 of Title 53, or one formed under or pursuant to the laws of any other state or jurisdiction. (4) 'Limited liability company' includes limited liability companies formed under the laws of this state or of any other state or territory or the District of Columbia, unless the laws of such other state or jurisdiction forbid the merger of a limited liability company with a corporation. (5) Limited partnership' includes limited partnerships formed under the laws of this state or of any other state or territory or the District of Columbia, unless the laws of

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such other state or jurisdiction forbid the merger of a limited partnership with a corporation. (6) 'Share' includes shares, memberships, financial or beneficial interests, units, or proprietary or partnership interests in a business corporation or a foreign business corporation, limited liability company, joint-stock association or a limited partnership, but does not includes debt obligations of any entity. (7) 'Shareholder' includes every member of a limited liability company or a jointstock association that is a party to a merger or holder of a share or other evidence of financial or beneficial interest therein. (b) Subject to the limitations set forth in Code Section 14-3-1102, one or more corporations may merge with one or more entities, except an entity formed under the laws of a state or jurisdiction which forbids a merger with a corporation. The corporation or corporations and one or more entities may merge into a single corporation or other entity, which may be any one of the constituent corporations or entities. (c) The board of directors of each merging corporation and the appropriate body of each entity, in accordance with its governing agreements and the laws of the state or jurisdiction under which it was formed, shall adopt a plan of merger in accordance with each corporations and entitys governing agreements and the laws of the state or jurisdiction under which it was formed, as the case may be. (d) The plan of merger: (1) Must set forth:
(A) The name of each corporation and entity planning to merge and the name of the surviving corporation or entity into which each other corporation and entity plans to merge; (B) The terms and conditions of the merger; and (C) The manner and basis of converting the shares of each corporation and the shares, memberships, or financial or beneficial interests or units in each of the entities into shares, obligations, or other securities of the surviving or any other corporation or entity or into cash or other property in whole or in part; and (2) May set forth: (A) Amendments to the articles of incorporation or governing agreements of the surviving corporation or entity; and (B) Other provisions relating to the merger. (e) Any of the terms of the plan of merger may be made dependent upon facts ascertainable outside of the plan of merger, provided that the manner in which such facts shall operate upon the terms of the merger is clearly and expressly set forth in the plan of merger. As used in this subsection, the term 'facts' includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation. (f) In the case of any entity, the plan of merger shall be approved in the manner required by its governing agreements and in compliance with any applicable laws of the state or jurisdiction under which it was formed. In addition, each of the corporations

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shall comply with all other provisions of this chapter which relate to the merger of corporation. Each other entity shall comply with all other provisions of its governing agreements and all provisions of the laws, if any, of the state or jurisdiction in which it was formed which relate to the merger. (g) Each merging corporation shall comply with the requirements of Code Section 143-1104."
SECTION 54. Said chapter is further amended by striking in its entirety Code Section 14-3-1302, relating to exceptions to prohibition against distributions relative to nonprofit corporations, and inserting in lieu thereof the following:
"14-3-1302. (a) A corporation may make distributions to the following:
(1) Organizations (whether whether or not incorporated) incorporated that are organized and operated for the same or similar purposes as the distributing corporation; (2) Organizations (whether whether or not incorporated) incorporated that are organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international sports competition, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder, member, or individual; or (3) A state or possession of the United States, or any political subdivision of any of the foregoing, or the United States or the District of Columbia. (b) Except for corporations described in paragraph (2) of subsection (a) of this Code section, a corporation may repurchase a membership for the consideration that the member paid for his or her membership if, after the purchase is completed: (1) The corporation would be able to pay its debts as they become due in the normal course of business; and (2) The corporations total assets would at least equal the sum of its liabilities."
SECTION 55. Said chapter is further amended by striking in its entirety Code Section 14-3-1401, relating to dissolution by incorporators or initial directors, and inserting in lieu thereof the following:
"14-3-1401. A majority of the incorporators or initial directors of a corporation that has not admitted members entitled to vote on dissolution, has not commenced activities, and has no net assets may dissolve the corporation by delivering to the Secretary of State for filing articles of dissolution that set forth:
(1) The name of the corporation; (2) The date of its incorporation; (3) That:

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(A) The corporation has not admitted members entitled to vote on dissolution; (B) The corporation has not commenced activities; or and (C) The corporation has no net assets. (4) That no debt of the corporation remains unpaid; and (5) That a majority of the incorporators or initial directors authorized the dissolution."
SECTION 56. Said chapter is further amended by striking subsection (a) of Code Section 14-3-1402, relating to proposal of dissolution and approval thereof, and inserting in lieu thereof the following:
"(a) A corporations board of directors may propose dissolution for submission to the members, if there are members entitled to vote thereon. as follows:
(1) For a proposal to dissolve to be adopted: (A) The board of directors must recommend dissolution to the members unless the board of directors elects, because of a conflict of interest or other special circumstances, to make no recommendation and communicates the basis for its determination to the members; and (B) The members entitled to vote must approve the proposal to dissolve as provided in subsection (e) of this Code section. paragraph (4) of this subsection;
(2) The board of directors may condition its submission of the proposal for dissolution on any basis.; (3) The corporation shall notify each member entitled to vote of the proposed members meeting in accordance with Code Section 14-3-705. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider dissolving the corporation.; (4) Unless the articles of incorporation, the bylaws, or the board of directors (acting acting pursuant to paragraph (2) of this subsection) subsection requires a greater vote or vote by classes, the proposal to dissolve to be adopted must be approved by a majority of all the votes entitled to be cast on that proposal.; and (5) If the board seeks to have dissolution approved by the members by written consent or written ballot, the material soliciting the approval shall contain or be accompanied by a copy or summary of the plan of dissolution."
SECTION 57. Said chapter is further amended by striking subsection (e) of Code Section 14-3-1408, relating to request for presentation of claims, enforcement of claims, and when claims are barred, and inserting in lieu thereof the following:
"(e) Subject to the provisions of this Code section, a claim against a corporation in dissolution or against a dissolved corporation may be enforced under this Code section:
(1) Against the corporation, to the extent of its undistributed assets; or (2) If the assets have been distributed in liquidation, against a distributee of the corporation to the extent of his such distributees pro rata share of the claim or the

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corporate assets distributed to him or her in liquidation, whichever is less, but a distributees total liability for all claims under this Code section may not exceed the total amount of assets distributed to him or her."
SECTION 58. Said chapter is further amended by adding immediately following Code Section 14-31409 a new Code Section 14-3-1409.1 to read as follows:
"14-3-1409.1. The dissolution of a corporation in any manner, except by a decree of the superior court when the court has supervised the liquidation of the assets and business of the corporation as provided in Code Section 14-3-1430 and 14-3-1433, shall not take away or impair any remedy available to such corporation, its directors, officers, or members for any right or claim existing prior to such dissolution if action or other proceeding thereon is pending on the date of such dissolution or is commenced within two years after the date of such dissolution. Any such action or proceeding by the corporation may be prosecuted by the corporation in its corporate name. The members, directors, and officers shall have the power to take such corporation or other action as shall be appropriate to protect such remedy, right, or claim."
SECTION 59. Said chapter is further amended by striking paragraphs (6), (12), and (13) of subsection (b) of Code Section 14-3-1501, relating to the requirement of a certificate of authority to transact business, and inserting in lieu thereof the following:
"(6) Soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where the orders require acceptance without outside this state before becoming binding contracts and where the contracts do not involve any local performance other than delivery and installation;". "(12) Serving as trustee, executor, administrator, or guardian, or in like fiduciary capacity, where permitted so to serve by the laws of this state; or (13) Owning directly or indirectly an interest in or controlling directly or indirectly another entity organized under the laws of or transacting business within this state; or (14) Serving as a manager of a limited liability company organized under the laws of Owning and controlling a subsidiary corporation incorporated in or transacting business within this state."
SECTION 60. Said chapter is further amended by striking Code Section 14-3-1509, relating to resignation of registered agent of foreign corporation, and inserting in lieu thereof the following:
"14-3-1509. (a) The registered agent of a foreign corporation may resign his or her agency appointment by signing and delivering to the Secretary of State for filing a statement of

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resignation. The statement may include a statement that the registered office is also discontinued. (b) On or before the date of filing of the statement of resignation, the registered agent shall deliver or mail a written notice of the agents intention to resign to the chief executive officer, chief financial officer, or secretary of the corporation, or a person holding a position comparable to any of the foregoing, as named, and at the address shown in the annual registration, or in the articles of incorporation if no annual registration has been filed, on or before the date of filing of the statement. (c) The agency appointment is terminated, and the registered office discontinued if so provided, on the earlier of the filing by the corporation of an amendment to its annual registration designating a new registered agent and registered office if also discontinued or the thirty-first day after the date on which the statement was filed."
SECTION 61. Said chapter is further amended by striking subsection (a) of Code Section 14-3-1520, relating to withdrawal of a foreign corporation from the state, and inserting in lieu thereof the following:
"(a) A foreign corporation authorized to transact business in this state may not withdraw from this state until it obtains a certificate of withdrawal from the Secretary of State. A foreign corporation authorized to transact business in this state that merges with and into a domestic corporation pursuant to Code Section 14-3-1106 and is not the surviving corporation in such merger need not obtain a certificate of withdrawal from the Secretary of State. "
SECTION 62. Said chapter is further amended by striking paragraphs (5), (6), and (8) of subsection (a) of Code Section 14-3-1602, relating to members rights to copy and inspect records, and inserting in lieu thereof the following:
"(5) The minutes of all meetings of members and records of, executed waivers of notice of meetings, and executed consents, delivered in writing or by electronic transmission, evidencing all actions taken or approved by the members without a meeting, for the past three years; (6) All written communications in writing or by electronic transmission to members generally within the past three years, including the financial statements furnished for the past three years under Code Section 14-3-1620;" "(8) Its most recent annual report registration delivered to the Secretary of State under Code Section 14-3-1622."
SECTION 63. Said chapter is further amended by striking subsection (a) of Code Section 14-3-1620, relating to furnishing financial statements to members, and inserting in lieu thereof the following:

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"(a) A corporation upon written demand request in writing or by electronic transmission from a member shall furnish that member its latest prepared annual financial statements, which may be consolidated or combined statements of the corporation and one or more of its subsidiaries or affiliates, in reasonable detail as appropriate, that include a balance sheet as of the end of the fiscal year and statement of operations for that year. If financial statements are prepared for the corporation on the basis of generally accepted accounting principles, the annual financial statements must also be prepared on that basis."
SECTION 64. Said chapter is further amended by striking subsection (d) of Code Section 14-3-1701, relating to applicability of chapter to certain corporations, and inserting in lieu thereof the following:
"(d) If the articles of incorporation, charter, or bylaws of a corporation in existence on July 1, 1991, contain any provisions that were not authorized or permitted by the prior general corporation law of this state but which are authorized or permitted by this chapter, the provisions of the articles of incorporation, charter, or bylaws shall be valid on and from that date, and action may be taken on and from that date in reliance on those provisions. If the articles of incorporation, charter, or bylaws of a corporation in existence on July 1, 1991, contain any provisions that were authorized or permitted by the prior nonprofit corporation law of this state that were validly adopted under the law in effect at the time of their adoption, and that are authorized or permitted by this chapter, the provisions of the articles of incorporation, charter, or bylaws shall continue to be valid on and from that date, whether or not this chapter imposes requirements for the adoption of such provisions that are different from those in effect at the time the provisions were adopted."
SECTION 65. Said chapter is further amended by striking paragraphs (2), (5), and (6) of subsection (a) of Code Section 14-3-1703, relating to saving provisions, and inserting in lieu thereof the following:
"(2) Any ratification, right, remedy, privilege, obligation, or liability acquired, accrued, or incurred under the statute before its repeal, except as provided in Code Section 14-3-1408; but the same, as well as actions that are pending on July 1, 1991, may be asserted, enforced, prosecuted, or defended as if the prior statute has not been repealed;" "(5) Any proceeding, reorganization, or dissolution commenced under the statute before its repeal, and the proceeding, reorganization, or dissolution may be completed in accordance with the statute as if it had not been repealed; or (6) Any provision of the articles of incorporation, charter, or bylaws of a corporation in existence on July 1, 1991, that was authorized or permitted by the prior nonprofit corporation law of this state, that was validly adopted under the law in effect at the

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time of its adoption, and that is authorized or permitted by this chapter; or (7) Any meeting of members or directors or action by written consent noticed or any action taken before its repeal as a result of a meeting of members or directors or action by written consent."
SECTION 66. Said chapter is further amended by striking from the following Code sections the word "he" wherever the same shall occur and inserting in lieu thereof "he or she":
(1) Code Section 14-3-125, relating to duty of the Secretary of State to file documents and effect of filing or refusing to do so; (2) Code Section 14-3-129, relating to penalty for signing false document; (3) Code Section 14-3-170, relating to powers of the Attorney General over unlawful assignment of corporate assets, dissolution of corporation, and investigative and subpoena powers; (4) Code Section 14-3-813, relating to appointment of provisional director in case of deadlock; (5) Code Section 14-3-842, relating to standards of conduct for officers; (6) Code Section 14-3-861, relating to transactions not subject to being enjoined, set aside, or other sanctions; (7) Code Section 14-3-862, relating to directors action after disclosure of conflict or abstention by interested director; (8) Code Section 14-3-865, relating to voidability of conflicting interest transaction; (9) Code Section 14-3-1508, relating to change of registered office or registered agent of foreign corporation; (10) Code Section 14-3-1530, relating to grounds for revocation; and (11) Code Section 14-3-1531, relating to procedure for and effect of revocation.
SECTION 67. Said chapter is further amended by striking from the following Code sections the word "him" wherever the same shall occur and inserting in lieu thereof "him or her":
(1) Code Section 14-3-130, relating to powers of Secretary of State; (2) Code Section 14-3-813, relating to appointment of provisional director in case of deadlock; (3) Code Section 14-3-823, relating to waiver of notice; and (4) Code Section 14-3-863, relating to members action following disclosure of conflict.
SECTION 68. Said chapter is further amended by striking from the following Code sections the word "his" wherever the same shall occur and inserting in lieu thereof "his or her":
(1) Code Section 14-3-125, relating to duty of the Secretary of State to file documents and effect of filing or refusing to do so;

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(2) Code Section 14-3-126, relating to appeal from Secretary of States refusal to file document; (3) Code Section 14-3-401, relating to corporate name; (4) Code Section 14-3-503, relating to resignation of registered agent; (5) Code Section 14-3-601, relating to criteria for membership; (6) Code Section 14-3-823, relating to waiver of notice; (7) Code Section 14-3-842, relating to standards of conduct for officers; (8) Code Section 14-3-862, relating to directors action after disclosure of conflict or abstention by interested director; (9) Code Section 14-3-1506, relating to corporate name of foreign corporation; (10) Code Section 14-3-1508, relating to change of registered office or registered agent of foreign corporation; and (11) Code Section 14-3-1531, relating to procedure for and effect of revocation.
SECTION 69. Article 3 of Chapter 5 of Title 14 of the Official Code of Georgia Annotated, relating to corporations organized for religious, fraternal, or educational purposes, is amended by striking in its entirety Code Section 14-5-40, relating to applicability of Chapter 3 of Title 14, and inserting in lieu thereof the following:
"14-5-40. Chapter 3 of this title shall be fully applicable to all nonprofit corporations organized for religious, fraternal, or educational purposes, including incorporated churches, religious and fraternal societies, schools, academies, colleges, or universities which are 'nonprofit corporations' 'corporations' as that term is defined in paragraph (21) (6) of Code Section 14-3-140."
SECTION 70. Code Section 7-1-712 of the Official Code of Georgia Annotated, relating to applicability of Article 15 of Chapter 2 of Title 14, is amended by striking said Code section and inserting in lieu thereof the following:
"7-1-712. Notwithstanding the definition of the term 'foreign corporation' appearing in paragraph (10) (13) of Code Section 14-2-140, all of the provisions of Article 15 of Chapter 2 of Title 14, relating to foreign corporations, shall apply to all international bank agencies doing business in this state, except that references therein to the Secretary of State should be construed as references to the department."
SECTION 71. All laws and parts of laws in conflict with this Act are repealed.
Senator Hall of the 22nd moved that the Senate agree to the House substitute to SB 555.

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

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

Y Harbison Y Harp Y 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 E Moody Y Mullis Y Price Y Reed Y Seabaugh

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

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 555.

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

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.

The House substitute was as follows:

A RESOLUTION

Proposing an amendment to the Constitution so as to change the imposition and distribution requirements of the sales and use tax for educational purposes in cases involving county and independent school systems; to provide for the submission of this

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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 subparagraphs (a) and (g) of Paragraph IV and inserting in their place new subparagraphs (a) and (g), respectively, to read as follows:
"(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 district 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 (g) of this Paragraph." "(g) 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."
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to change the imposition and distribution requirements of the sales and use tax for educational
( ) NO purposes in cases involving county and independent school systems?"

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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 Cagle of the 49th moved that the Senate agree to the House substitute to SR 580.

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

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

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

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

On the motion, the yeas were 36, nays 4; the motion, having failed to receive the requisite two-thirds constitutional majority, lost, and the Senate did not agree to the House substitute to SR 580.

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

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

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international health and welfare services; to provide for related matters; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend 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 is compliant with the U.S. Office of Personnel Managements regulations issued pursuant to the authority of 5 C.F.R. 950.201 and 950.202 for charities participating in the Combined Federal Campaign, which has a 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.

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Senator Unterman of the 45th moved that the Senate agree to the House substitute to SB 584.

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

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

Y Harbison Y Harp Y 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 E Moody Y Mullis Y Price Y Reed Y Seabaugh

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

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 584.

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

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 House substitute was as follows:
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Richmond County, Georgia; authorizing the leasing of certain improved real property owned by the

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State of Georgia in Chatham County, Georgia; to provide effective dates; to repeal conflicting laws; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of a certain tract of real property located in Richmond County, Georgia, being a portion of the Georgia Golf Hall of Fame; (2) Said property is all that tract or parcel of land lying and being in Richmond County, Georgia, being in the 87th GMD, containing approximately 4.25 acres and is more particularly described on a drawing prepared by the Georgia Golf Hall of Fame, and on file in the offices of the State Properties Commission; (3) The Georgia Golf Hall of Fame Authority wishes to advertise for the development of a facility to be built on the above-described property a portion of which will be used as the museum for the Georgia Golf Hall of Fame with the remaining portion of the facility being occupied by either the developer of the site or other public or private sector entities; and (4) The Georgia Golf Hall of Fame Authority has agreed to acquire the abovedescribed state owned real property for the fair market value and the fair market value has been determined to be $970,000.00; and
WHEREAS: (1) The State of Georgia is the owner of a certain tract or parcel of improved real property located in Chatham County, Georgia; (2) Said real property is all that certain lot, tract, or parcel of land, situate, lying and being in the 6th G.M. District of Chatham County, Georgia, consisting of 2.232 acres of land more particularly described as follows:
Commencing at a point located at the southwest corner of the intersection of the rights-of-way of Eisenhower and Seawright Drives; running thence south 17E 30N west, along the west edge of the right-of-way of Seawright Drive, for a distance of 300 feet to a concrete monument, being the point of beginning; continuing thence south 17E 30N west along the west edge of the right-of-way of Seawright Drive for a distance of 50 feet to a point; running thence north 72E 30N west for a distance of 179.95 feet to a point; running thence south 86E 56N 30O west for a distance of 85.44 feet to a point; running thence south 17E 30N west for a distance of 160 feet to a concrete monument; running thence north 72E 30N west for a distance of 346 feet to a concrete monument; running thence north 17E 30N east for a distance of 240 feet to a concrete monument; running thence south 72E 30N east for a distance of 346 feet to a concrete monument; continuing thence south 72E 30N east for a distance of 259.95 feet to a concrete monument and the point of beginning; said 2.232 acre tract being also shown as a 1.906 acre tract plus a.326 acre tract on a certain survey plat dated June 14, 1974 and revised September 16, 1974 prepared by Barrett & Exley, Inc. for the State of Georgia - Department of Human Resources, a copy of said plat being hereto attached and a copy being recorded in the office of the Clerk of the

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Superior Court of Chatham County, Georgia in Plat or Map Record Book Y, Folio 61; said plat by reference being incorporated herein and made a part hereof. The above described tract being a portion of the property conveyed by deed dated May 18, 1959 from Chatham County, Georgia, a political subdivision of the State of Georgia, through the Commissioners of Chatham County, Georgia, and ex-officio Judges thereof to Chatham Chapter, Georgia Association for the Help of Retarded Children, Incorporated, a Georgia corporation, with offices in Savannah, Georgia; said deed, with a resolution attached, being recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia in Deed Record Book 72 K's, Folio 264; (3) Said property is under the custody of the Department of Human Resources; (4) Said parcel is currently rented to Coastal Center for Developmental Services, Inc.; (5) Coastal Center for Developmental Services, Inc., is desirous of leasing the abovedescribed state property in order to make certain improvements; and (6) The Department of Human Resources has no objection to the leasing of the above-described property.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1. That the State of Georgia is the owner of the above-described real property and that all matters relating to the conveyance of the real property interest the State of Georgia is acting by and through the State Properties Commission for consideration of $970,000.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 2. That the above-described property shall not be conveyed to the Georgia Golf Hall of Fame Authority until after the State Properties Commission has reviewed and approved the process of selecting the developer of the site considered in this resolution.
SECTION 3. That the State Properties Commission shall have the authority to approve all tenants in the facility to be developed.
SECTION 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 5. That the deed of conveyance shall be recorded by the grantee in the Superior Court of

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Richmond County and a recorded copy shall be forwarded to the State Properties Commission.
PART II SECTION 6. That the State of Georgia is the owner of the referenced hereinabove described improved real property located in Chatham County, Georgia, and that, in all matters relating to the leasing of said property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 7. That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease the hereinabove described tract of improved property to Coastal Center for Developmental Services, Inc., for a period of ten years commencing with the execution of the lease agreement.
SECTION 8. That the consideration for such lease shall be $1,000.00 per year and such other terms and conditions as may be determined by the State Properties Commission to be in the best interests of the State of Georgia.
SECTION 9. That any sublease of subject property must be approved by the State Properties Commission, and any remuneration resulting from a sublease in excess of $1,000.00 per year is to be remitted to the State of Georgia.
SECTION 10. That the authorization of this resolution to lease the above-described property to Coastal Center for Developmental Services, Inc., shall expire three years after the date that this resolution becomes effective.
SECTION 11. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.
SECTION 12. That this lease agreement shall be recorded by the lessee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.
PART III SECTION 13. (a) Except as otherwise provided in subsection (b) of this section, this resolution shall

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become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Part I of this resolution shall become effective on July 1, 2004.

SECTION 14. All laws and parts of laws in conflict with this resolution are repealed.

Senator Hall of the 22nd moved that the Senate agree to the House substitute to SR 704.

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

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

Y Harbison Y Harp Y 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 E Moody Y Mullis Y Price Y Reed Y Seabaugh

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

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 704.

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

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 House amendment was as follows:

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Amend SR 843 by striking line 1 of page 1 and inserting in lieu thereof the following: "Designating certain portions of the state highway system; and for other purposes.
PART I".
By adding after line 8 of page 2 the following:
"PART II WHEREAS, the late Max Lockwood served as president and chief executive officer of the U.S. 441 Economic Development Council based in Douglas, Georgia; and
WHEREAS, a graduate of Georgia Southern University in Statesboro, he lived in Douglas since 1979 where he served as Mayor; and
WHEREAS, he served at various times as a member of the Board of Directors of the Georgia Municipal Association, chairman of the Georgia Environmental Facilities Authority, member of the Executive Committee for Georgians for Better Transportation, member of the Board of Directors for the Georgia Regional Development Center, chairman of the Georgia Association of Regional Development Centers, president of the Georgia Chambers of Commerce Executives Association, member of the Board of Directors Executive Committee for the South Georgia Chamber of Commerce, and president of the Douglas Rotary Club; and
WHEREAS, he was a Paul Douglas Fellow, received the State Bar of Georgia Liberty Bell Award, was featured on the cover of Georgia Trend magazine in recognition of his support of transportation and was listed as a member of Georgia Trends 100 most outstanding Georgians, and received the Liston Elkins Award in 2000.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of U.S. 441 in the unincorporated areas of Coffee County from the city limits of Douglas northward to the Ocmulgee River bridge is hereby designated as the Max Lockwood Memorial Corridor in memory of this distinguished gentleman, and the Department of Transportation is authorized and directed to erect and maintain signs so identifying the highway.
BE IT FURTHER RESOLVED that the Clerk of the House of Representative is authorized and directed to transmit an appropriate copy of this resolution to the family of the late Max Lockwood.".
Senator Hall of the 22nd moved that the Senate agree to the House amendment to SR 843.

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

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

Y Harbison Y Harp Y 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 E Moody
Mullis Y Price Y Reed Y Seabaugh

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

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 843.

The following bill was taken up to consider House action thereto:
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.
The House amendment was as follows:
Amend the Senate Substitute to HB 1003 by inserting ", ten of whom shall be" after "members" on line 33 on page 4.
By inserting after "terms" on line 33 on page 4 ", two of whom shall be appointed by the Speaker of the House of Representatives for five-year terms, and two of whom shall be appointed by the Senate Committee on Assignments for five-year terms".

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By inserting after "members" on line 23 on page 5 ", one of whom shall be appointed by the Speaker of the House of Representatives and one of whom shall be appointed by the Senate Committee on Assignments,".

By inserting after "chapter." on line 27 on page 5 the following: "The members appointed by the Speaker of the House of Representatives and the Senate Committee on Assignments shall be residential contractors."

By inserting after "members" on line 5 on page 6 ", one of whom shall be appointed by the Speaker of the House of Representatives and one of whom shall be appointed by the Senate Committee on Assignments,".

By inserting after "chapter." on line 8 on page 6 the following: "The members appointed by the Speaker of the House of Representatives and the Senate Committee on Assignments shall be general contractors."

By striking "by the Governor" on line 21 on page 6.

Senator Seabaugh of the 28th moved that the Senate agree to the House amendment to the Senate substitute to HB 1003 as amended by the following amendment:

Senators Meyer von Bremen of the 12th and Seabaugh of the 28th offered the following amendment:

Amend the House amendment to the Senate substitute to HB 1003 by adding on line 6 after "Assignments" the phrase, "or successor by Senate Rule";

and adding on line 12 after "Assignments" the phrase, "or successor by Senate Rule";

and adding on line 15 after "Assignments" the phrase, "or successor by Senate Rule";

and adding on line 18 after "Assignments" the phrase, "or successor by Senate Rule".

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

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

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

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

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

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

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 motion, the yeas were 39, nays 1; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1003 as amended by the Senate.

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

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.

The House amendment was as follows:
Amend the Senate substitute to HB 1175 by striking "may" and inserting in it place "shall" on line 22 of page 1.
By striking the period and quotation marks at the end of line 23 of page 1 and inserting in their place the following: "; provided, however, that the board shall not apply the provisions of paragraph (4) of Code Section 43-1-19 to such inmate based solely upon such persons status as an inmate and shall apply such provisions in the same manner as would otherwise be applicable to an applicant who is not an inmate.'"
Senator Kemp of the 46th moved that the Senate agree to the House amendment to the Senate substitute to HB 1175 as amended by the following amendments:

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Senate Amendment # 1 offered by Senator Seabaugh of the 28th:
Amend the House amendment to the Senate substitute to HB 1175 (AM 18 1187) by striking lines 2 and 3 of page 1.
By striking line 4 of page 1 and inserting in lieu thereof the following: "Amend the Senate substitute to HB 1175 by striking the period and quotation marks at the end of line 23 of page 1 and inserting in".
Senator Seabaugh of the 28th asked unanimous consent that amendment # 1 be withdrawn. The consent was granted, and amendment # 1 was withdrawn.

Senate amendment # 2 offered by Senator Seabaugh of the 28th:
Amend the House amendment to the Senate substitute to HB 1175 (AM 18 1187) by striking lines 2 and 3 of page 1.
By striking lines 4, 5, and 6 of page 1 and inserting in lieu thereof the following: "Amend the Senate substitute to HB 1175 by striking the period and quotation marks at the end of line 23 of page 1 and inserting in their place the following: '; provided, however, that the board shall not apply the provisions of paragraph (4) of subsection (a) of Code'".
On the motion, a roll call was taken and the vote was as follows:

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

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

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

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Y Golden Y Hall Y Hamrick

Y Price Reed
Y Seabaugh

Y Williams Y Zamarripa

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1175 as amended by the Senate.

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

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.

The House amendment was as follows:

Amend the Senate amendment to HB 1685 by striking lines 2 and 3 of page 1 and inserting in lieu thereof the following:
"Amend HB 1685 by striking on line 13 of page 1 the number '21' and inserting in lieu thereof the number '25'.

By striking line 14 on page 2 and inserting in lieu thereof the following: 'This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except the provisions of subsection (c) of Section 1 of this Act relative to compensation shall become effective on January 1, 2005.'"

Senator Seabaugh of the 28th moved that the Senate agree to the House amendment to the Senate amendment to HB 1685.

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

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

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

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

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

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

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

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1685.

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

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.

Senator Hamrick of the 30th moved that the Senate recede from its substitute to HB 1715.

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

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

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

Y Seay Y Shafer Y Smith,F E 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

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On the motion, the yeas were 39, nays 1; the motion prevailed, and the Senate receded from its substitute to HB 1715.
The following bill was taken up to consider House action thereto:
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.
The House substitute was as follows:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 8-5-8 of the Official Code of Georgia Annotated, relating to the annual report relative to art in state buildings, is amended by striking said Code section in its entirety and inserting in its place the following:
"8-5-8. In consultation with the director of the Office of Planning and Budget, the council shall prepare and distribute to the General Assembly an annual report relative to the art in state buildings program pursuant to this chapter. The council shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which it deems to be most effective and efficient. Such report may be submitted as part of a report on the activities and programs of the council."
SECTION 2. Code Section 10-4-58 of the Official Code of Georgia Annotated, relating to the annual report of the state warehouse commissioner, is amended by striking said Code section in its entirety and inserting in its place the following:
"10-4-58. (a) The state warehouse commissioner shall make an annual report to the General

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Assembly, setting forth: (1) Number and location of each warehouse where cotton has been received for storage by the state; (2) Cotton on storage and that delivered on presentation of receipts; and (3) Such further information as the commissioner may think would be of benefit to the public.
(b) The state warehouse commissioner shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which he or she deems to be most effective and efficient."
SECTION 3. Code Section 10-10-6 of the Official Code of Georgia Annotated, relating to publishing of an annual report by the Advanced Technology Development Center, is amended by striking said Code section in its entirety and inserting in its place the following:
"10-10-6. The center, on behalf of the board, shall publish an annual report which shall be made available to the Governor, the General Assembly, and the board setting forth in detail the operations and transactions conducted by it pursuant to this chapter. The annual report shall specifically account for the ways in which the need, needs, mission, and programs of the center described in this chapter have been carried out. The center shall distribute its annual report by such means that will make it widely available to those innovative enterprises of special importance to the Georgia economy. The center shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which it deems to be most effective and efficient."
SECTION 4. Code Section 12-3-1 of the Official Code of Georgia Annotated, relating to the duties and powers of the Department of Natural Resources as to recreational policies and programs, is amended by striking paragraph (7) of subsection (a) of said Code section in its entirety and inserting in its place the following:
"(7) To submit an annual report of activities and recommendations to the Governor and to notify the General Assembly of the availability of the annual report in the manner which it deems to be most effective and efficient;".
SECTION 5. Code Section 12-5-212 of the Official Code of Georgia Annotated, relating to the annual report relative to coastal waters, beaches, and sand dunes, is amended by striking said Code section in its entirety and inserting in its place the following:
"12-5-212. The department shall make an annual report to the General Assembly which shall

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include a report on all funds and properties received or disbursed under this part. The department shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which it deems to be most effective and efficient."
SECTION 6. Code Section 12-5-287 of the Official Code of Georgia Annotated, relating to leasing of state owned marshland or water bottoms, is amended by striking subsection (i) of said Code section in its entirety and inserting in its place the following:
"(i) The department shall make an annual report of its activities each calendar year to the General Assembly. The report shall include a summary of all applications received and leases granted, including length of terms, rentals, and locations. Copies of the annual report shall be provided to the director of the State Properties Commission, the chairperson of the House Natural Resources and Environment Committee, the chairperson of the House Committee on State Institutions and Property, the chairperson of the Senate Natural Resources Committee, and the chairperson of the Senate Committee on State and Local Governmental Operations. The department shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which it deems to be most effective and efficient."
SECTION 7. Code Section 12-5-402 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources with regard to the development of the Chattahoochee River Basin, is amended by striking paragraph (2) of subsection (b) of said Code section in its entirety and inserting in its place the following:
"(2) To submit an annual report of its activities under this part and recommendations to the Governor and to notify the members of the General Assembly of the availability of the annual report and recommendations in the manner which it deems to be most effective and efficient."
SECTION 8. Code Section 12-5-422 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources with regard to the development of the Altamaha River Basin, is amended by striking paragraph (2) of subsection (b) of said Code section in its entirety and inserting in its place the following:
"(2) To submit an annual report of its activities under this part and recommendations to the Governor and to notify the members of the General Assembly of the availability of the annual report and recommendations in the manner which it deems to be most effective and efficient."
SECTION 9. Code Section 12-6-139 of the Official Code of Georgia Annotated, relating to audit of

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accounts of the Herty Foundation, is amended by striking said Code section in its entirety and inserting in its place the following:
"12-6-139. It shall be the duty of the state auditor to audit the books and accounts of the foundation and to submit such audit to the Governor, who shall transmit the same to each regular session of the General Assembly notify the members of the General Assembly of the availability of the audit in the manner which he or she deems to be most effective and efficient."
SECTION 10. Code Section 12-8-31 of the Official Code of Georgia Annotated, relating to the state solid waste management plan, is amended by striking the introductory language of subsection (d) of said Code section in its entirety and inserting in its place the following:
"(d) In monitoring and reporting on the implementation success of the state solid waste management plan required under this Code section, the Department of Community Affairs, with the cooperation of the division and the Georgia Environmental Facilities Authority, beginning in January, 1992, shall report annually to the Governor and the General Assembly on the status of solid waste management in Georgia. The Department of Community Affairs shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which it deems to be most effective and efficient. The annual report shall include but not be limited to:".
SECTION 11. Code Section 12-8-33 of the Official Code of Georgia Annotated, relating to the Recycling Market Development Council, is amended by striking subsection (b) of said Code section in its entirety and inserting in its place the following:
"(b) The council shall meet as necessary and shall determine what actions, if any, are needed to facilitate the development and expansion of markets for recovered materials in Georgia and shall prepare an annual report with recommendations to the Governor and General Assembly. The council shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which it deems to be most effective and efficient."
SECTION 12. Code Section 15-9-101 of the Official Code of Georgia Annotated, relating to powers of the Probate Judges Training Council, bond of personnel employed by council and empowered to handle funds, and audits, is amended by striking subsection (c) of said Code section in its entirety and inserting in its place the following:
"(c) The training council shall establish such auditing procedures as may be required in connection with the handling of public funds. The state auditor is authorized and

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directed to make an annual audit of the acts and doings of the training council and to make a complete report of the same to the General Assembly. The state auditor shall not be required to distribute copies of the audit to the members of the General Assembly but shall notify the members of the availability of the audit in the manner which he or she deems to be most effective and efficient. The report shall disclose all moneys received by the training council and all expenditures made by the training council, including administrative expense. He or she shall also make an audit of the affairs of the training council at any time required by a majority of the training council or the Governor of the state."
SECTION 13. Code Section 15-18-44 of the Official Code of Georgia Annotated, relating to powers and duties of the Prosecuting Attorneys Council, employees bonds, audits, and that certain retired personnel are not to be compensated, is amended by striking subsection (c) of said Code section in its entirety and inserting in its place the following:
"(c) The council shall establish such auditing procedures as may be required in connection with the handling of public funds. The state auditor is authorized and directed to make an annual audit of the transactions of the council and to make a complete report of the same to the General Assembly. The state auditor shall not be required to distribute copies of the report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which he or she deems to be most effective and efficient. The report shall disclose all moneys received by the council and all expenditures made by the council, including administrative expense. The state auditor shall also make an audit of the affairs of the council at any time when requested to do so by a majority of the council or by the Governor."
SECTION 14. Code Section 20-2-740 of the Official Code of Georgia Annotated, relating to annual report by local boards of education regarding disciplinary and placement actions and annual study by Department of Education, is amended by striking subsection (c) of said Code section in its entirety and inserting in its place the following:
"(c) The Department of Education shall conduct a study for each school year based upon the statistical data filed by local boards pursuant to this Code section for the purpose of determining trends in discipline. The department shall also utilize existing demographic data on school personnel as needed to establish trends in discipline. Nothing in this Code section shall be construed to authorize the public release of personally identifiable information regarding students or school personnel. The department shall prepare submit a report on such study to for the General Assembly by December 1, 1999, and on the study annually thereafter and notify the members of the General Assembly of the availability of the report in the manner which it deems to be most effective and efficient."

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SECTION 15. Code Section 20-3-239 of the Official Code of Georgia Annotated, relating to annual audits and distribution of audit reports of the Georgia Student Finance Commission, is amended by striking said Code section in its entirety and inserting in its place the following:
"20-3-239. The state auditor shall make an annual financial audit of the books, accounts, and records of the commission. The state auditor shall maintain a copy of the audit report on file in his or her office, make copies of the report available for inspection by the general public, and furnish a copy of the report to the commission, to members of the board of commissioners, and to the Governor, and to and shall notify the members of the General Assembly of the availability of the report in the manner which he or she deems to be most effective and efficient."
SECTION 16. Code Section 20-3-268 of the Official Code of Georgia Annotated, relating to annual audits of the Georgia Higher Education Assistance Corporation and distribution of audit reports, is amended by striking said Code section in its entirety and inserting in its place the following:
"20-3-268. The state auditor shall make an annual financial audit of the books, accounts, and records of the corporation. The state auditor shall maintain a copy of the audit report on file in his or her office, make copies of the report available for inspection by the general public, and furnish a copy of the report to the corporation, to members of the board of directors of the corporation, and to the Governor, and to and shall notify the members of the General Assembly of the availability of the report in the manner which he or she deems to be most effective and efficient."
SECTION 17. Code Section 20-3-320 of the Official Code of Georgia Annotated, relating to audits of the Georgia Student Finance Authority and distribution of audit reports, is amended by striking said Code section in its entirety and inserting in its place the following:
"20-3-320. The state auditor shall make an annual financial audit of the books, accounts, and records of the authority. The state auditor shall maintain a copy of the audit report on file in his or her office, make copies of the report available for inspection by the general public, and furnish a copy of the report to the authority, to members of the board of directors of the authority, to the Governor, and to such other persons as may be required pursuant to Subpart 2 of this part and shall notify the members of the General Assembly, and to such other persons as may be required pursuant to Subpart 2 of this part of the availability of the report in the manner which he or she deems to be most effective and efficient. The authority is further authorized to have independent audits

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made of such books, accounts, and records of the authority as may be required pursuant to Subpart 2 of this part."
SECTION 18. Code Section 20-12-8 of the Official Code of Georgia Annotated, relating to annual reports by the board of regents regarding marine resources and oceanographic studies, is amended by striking said Code section in its entirety and inserting in its place the following:
"20-12-8. The board of regents shall make an annual report to the General Assembly which shall include a report on all funds and properties received or disbursed under this chapter. The board of regents shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which it deems to be most effective and efficient."
SECTION 19. Code Section 20-14-27 of the Official Code of Georgia Annotated, relating to required reports and publication format for the Office of Education Accountability, is amended by striking subsection (b) of said Code section in its entirety and inserting in its place the following:
"(b) Each report provided for in this Code section shall be published in a format that can be easily understood by parents and other members of the community who are not professional educators. Such reports shall be distributed to the Governor, Lieutenant Governor, the Speaker of the House of Representatives, the chairpersons of the Education and Higher Education committees of the Senate and House of Representatives, members of the General Assembly, members of the state education governing boards or commissions, and members of the council. The office shall not be required to distribute copies of such reports to the members of the General Assembly but shall notify the members of the availability of the reports in the manner which it deems to be most effective and efficient. In addition, such reports shall be posted on the website of the office."
SECTION 20. Code Section 20-14-28 of the Official Code of Georgia Annotated, relating to reporting on effect of nationally certified teachers on student performance, is amended by striking said Code section in its entirety and inserting in its place the following:
"20-14-28. When the state-wide comprehensive educational information system provided for in Code Section 20-2-320 becomes functional, the office shall conduct a longitudinal study of the effect of nationally certified teachers on student performance in Georgia. Thereafter, the office shall prepare an annual report addressing the question of whether nationally certified and Teacher Alternative Preparation Program teachers have

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improved student performance in Georgia. The office shall and submit such report to the members of the General Assembly and the State Board of Education and shall notify the members of the General Assembly of the availability of such report in the manner which it deems to be most effective and efficient."
SECTION 21. Code Section 25-4-6 of the Official Code of Georgia Annotated, relating to the meetings, quorum, and annual report of the Georgia Firefighter Standards and Training Council, is amended by striking paragraph (2) of said Code section in its entirety and inserting in its place the following:
"(2) The council shall make an annual report of its activities to the Governor and to the General Assembly and shall include in the report its recommendations for appropriate legislation. The council shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which it deems to be most effective and efficient."
SECTION 22. Code Section 28-5-5 of the Official Code of Georgia Annotated, relating to the Budgetary Responsibility Oversight Committee, and members, duties, entities to cooperate with the committee, annual report, allowances, and performance audits, is amended by striking subsection (f) of said Code section in its entirety and inserting in its place the following:
"(f) The committee shall make an annual report of its activities and findings to the membership of the General Assembly and the Governor within one week of the convening of each regular session of the General Assembly. The chairperson of the committee shall deliver prepare written executive summaries of such report to the members of the General Assembly prior to the adoption of the General Appropriations Act each year. The committee shall not be required to distribute copies of the annual report or the executive summaries to the members of the General Assembly but shall notify the members of the availability of the materials in the manner which it deems to be most effective and efficient."
SECTION 23. Code Section 28-5-24 of the Official Code of Georgia Annotated, relating to the annual reports of the fiscal affairs subcommittees, is amended by striking said Code section in its entirety and inserting in its place the following:
"28-5-24. The fiscal affairs subcommittees of the Senate and the House jointly shall make an annual report to the General Assembly of matters coming to their attention, together with such recommendations to improve the efficiency in the operation and management of the various departments, boards, bureaus, commissions, institutions, and other agencies of state government as they see fit. The subcommittees shall not be required

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to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which it deems to be most effective and efficient."
SECTION 24. Code Section 31-6-20 of the Official Code of Georgia Annotated, relating to the Health Strategies Council, is amended by striking subsection (h) of said Code section in its entirety and inserting in its place the following:
"(h) The council shall prepare an annual report to the board and the General Assembly which presents information and updates on the functions outlined in subsection (g) of this Code section. The annual report shall include information for Georgias congressional delegation which highlights issues regarding federal laws and regulations influencing Medicaid and medicare, insurance and related tax laws, and long-term health care. The council shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which it deems to be most effective and efficient."
SECTION 25. Code Section 33-2-8.1 of the Official Code of Georgia Annotated, relating to the preparation by the Commissioner of Insurance of a supplemental report on property and casualty insurance, contents of the report, and request for information, is amended by striking subsection (b) of said Code section in its entirety and inserting in its place the following:
"(b) By July 1, 1990, and on On July 1 of each year thereafter, the Commissioner, as a supplemental report to the annual report provided in Code Section 33-2-8, shall compile a report containing the information specified in this Code section and shall distribute such supplemental report to each member of the General Assembly. The Commissioner shall not be required to distribute copies of the supplemental report to the members of the General Assembly but shall notify the members of the availability of the supplemental report in the manner which he or she deems to be most effective and efficient."
SECTION 26. Code Section 33-46-14 of the Official Code of Georgia Annotated, relating to the annual report to be issued by the Commissioner of Insurance regarding utilization review programs, is amended by striking said Code section in its entirety and inserting in its place the following:
"33-46-14. The Commissioner shall issue an annual report to the Governor and the General Assembly concerning the conduct of utilization review in this state. Such report shall include a description of utilization review programs and the services they provide, an

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analysis of complaints filed against private review agents by patients or providers, and an evaluation of the impact of utilization review programs on patient access to care. The Commissioner shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which he or she deems to be most effective and efficient."
SECTION 27. Code Section 37-2-33 of the Official Code of Georgia Annotated, relating to the duties of the state ombudsman for mental health, mental retardation, and substance abuse, is amended by striking paragraph (6) of said Code section in its entirety and inserting in its place the following:
"(6) Make an annual written report, documenting the types of complaints and problems reported by service recipients and others on their behalf and include recommendations concerning needed policy, regulatory, and legislative changes. The annual report shall be submitted to the Governor and General Assembly and other appropriate agencies and organizations and made available to the public. The state ombudsman shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which he or she deems to be most effective and efficient."
SECTION 28. Code Section 38-4-11 of the Official Code of Georgia Annotated, relating to the commissioner of veterans service, annual reports, content, and recipients, is amended by striking said Code section in its entirety and inserting in its place the following:
"38-4-11. The commissioner of veterans service shall furnish to the Governor, the members of the General Assembly, the Veterans Service Board, veterans organizations, and the public generally an annual report with reference to claims presented on behalf of veterans of this state, concerning veterans aided under federal, state, or local legislation, and otherwise to report the activities and accomplishments of the Department of Veterans Service. The commissioner of veterans service shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which he or she deems to be most effective and efficient."
SECTION 29. Code Section 45-6-4 of the Official Code of Georgia Annotated, relating to mailing of annual reports to General Assembly members, is amended by striking said Code section in its entirety and inserting in its place the following:
"45-6-4. (a) Each state agency, authority, office, board, department, or official directed by law to file or electing to file an annual report shall send by inter-office mail a notification

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notify each member of the General Assembly in the manner which the reporting entity deems to be most effective and efficient that such report is available upon request to each member of the General Assembly at his legislative office at the state capitol, on or before June 1 of each year, unless another date is provided for by law. (b) Each state agency, authority, office, board, department, or official directed by law to provide or electing to provide the members of the General Assembly with any annual report, budget, or audit other than those referred to in subsection (a) of this Code section shall not be required to distribute copies of such materials to the members but shall notify the members of the availability of such materials in the manner which the reporting entity deems to be most effective and efficient. (c) Each state agency, authority, office, board, department, or official shall be required to furnish to any member of the General Assembly any such annual report, budget, or audit referred to in this Code section upon request of any member of the General Assembly."
SECTION 30. Code Section 45-12-75.1 of the Official Code of Georgia Annotated, relating to the annual continuation budget report, is amended by striking subsection (c) of said Code section in its entirety and inserting in its place the following:
"(c) The committee shall submit to the membership of the General Assembly within one week of the convening of each regular session of the General Assembly prepare a list of all programs included in the continuation budget report for each department examined as well as actions recommended, if any, by the committee. Within one week of the convening of each regular session of the General Assembly, the committee shall notify the members of the availability of the list in the manner which it deems to be most effective and efficient."
SECTION 30A. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by adding following Code Section 45-18-19, relating to confidentiality of claim forms and records, a new Code section to read as follows:
"45-18-20. The commissioner shall provide to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the appropriations committees of the Senate and the House of Representatives by February 1 of each year a status report on the fiscal condition of the state employees health insurance plan, and by March 1 of each year, the proposed schedule of premiums, deductibles, and employee cost sharing for the next open enrollment period. Such status report may be submitted as required in this Code section in the manner in which the commissioner deems to be most effective and efficient."
SECTION 31. Code Section 45-20-1 of the Official Code of Georgia Annotated, relating to purposes and principles of the state merit system, is amended by striking paragraph (9) of

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subsection (c) of said Code section in its entirety and inserting in its place the following: "(9) Audit agencies processes as referred to in paragraph (8) of this subsection and report findings annually to the Governor and the General Assembly in conjunction with an annual report on the overall status of the state work force. The state merit system shall not be required to distribute copies of the findings or annual report referred to in this paragraph to the members of the General Assembly but shall notify the members of the availability of the materials in the manner which it deems to be most effective and efficient;".
SECTION 32. Code Section 45-20-11 of the Official Code of Georgia Annotated, relating to audits of the state merit system and reports of audit findings, is amended by striking said Code section in its entirety and inserting in its place the following:
"45-20-11. The state auditor shall perform periodic operational audits of the state merit system. Such audits shall also be performed at the request of the Governor, the commissioner, or the General Assembly. Reports of audit findings shall be filed with the board, the commissioner, and the Governor, and members of the General Assembly. The state auditor shall not be required to file copies of the audit findings with the members of the General Assembly but shall notify the members of the availability of audit findings in the manner which he or she deems to be most effective and efficient."
SECTION 33. Code Section 47-11-26 of the Official Code of Georgia Annotated, relating to annual audit of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia and power of state auditor to conduct audit when he or she sees fit or at the request of the Governor, is amended by striking said Code section in its entirety and inserting in its place the following:
"47-11-26. The state auditor is authorized and directed to make an annual audit of the acts and doings of the board and to make a complete report of the same to the General Assembly in such detail as he or she may see fit. The state auditor shall not be required to distribute copies of the report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which he or she deems to be most effective and efficient. The state auditor shall also have the right to audit the affairs of the board and any of its employees at any time that he or she may see fit or at any time that he or she may be requested to do so by the board or by the Governor."
SECTION 34. Code Section 47-14-26 of the Official Code of Georgia Annotated, relating to the duty of the state auditor to make an annual audit and report of the Board of Commissioners of the Superior Court Clerks Retirement Fund of Georgia, audit upon request of the board or

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the Governor, and contents of the annual report, is amended by striking said Code section in its entirety and inserting in its place the following:
"47-14-26. The state auditor is authorized and directed to make an annual audit of the acts and doings of the board and to make a complete report of that audit to the General Assembly. The state auditor shall not be required to distribute copies of the report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which he or she deems to be most effective and efficient. The report shall disclose all moneys received by the board and all its expenditures, including administrative expenses and payments made as annuities and benefits. He The state auditor shall also make an audit of the affairs of the board at any time when requested by a majority of the board or the Governor."
SECTION 35. Code Section 47-16-28 of the Official Code of Georgia Annotated, relating to duty of the state auditor to make an annual audit and report of the operations of the Board of Commissioners of the Sheriffs Retirement Fund of Georgia, right of the state auditor to audit the affairs of the board, and contents of the annual report, is amended by striking said Code section in its entirety and inserting in its place the following:
"47-16-28. The state auditor is authorized and directed to make an annual audit of the operations of the board and to make a complete report of that audit to the General Assembly. The state auditor shall not be required to distribute copies of the report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which he or she deems to be most effective and efficient. The report shall disclose all moneys received by the board and all expenditures made by it, including administrative expenses and payments of benefits. The state auditor shall also have the right, in his or her discretion, to audit the affairs of the board at any time, and he or she may also audit the affairs of the board at any time, upon request of a majority of the members of the board."
SECTION 36. Code Section 47-17-25 of the Official Code of Georgia Annotated, relating to the duty of the state auditor to make an annual audit and report of the Board of Commissioners of the Peace Officers Annuity and Benefit Fund, audit upon request of the board, and contents of annual report, is amended by striking said Code section in its entirety and inserting in its place the following:
"47-17-25. The state auditor is authorized and directed to make an annual audit of the acts and doings of the board and to make a complete report of the same to the General Assembly. The state auditor shall not be required to distribute copies of the report to the members of the General Assembly but shall notify the members of the availability

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of the report in the manner which he or she deems to be most effective and efficient. The report shall disclose all moneys received by the board and all its expenditures including administrative expenses and payments made as annuities and benefits. He The state auditor shall also make an audit of affairs of the board at any time he or she is requested to do so by a majority of the board."
SECTION 37. Code Section 48-2-7 of the Official Code of Georgia Annotated, relating to powers and duties of the state revenue commissioner, is amended by striking paragraph (5) of subsection (a) of said Code section in its entirety and inserting in its place the following:
"(5) Submit to the Governor and to each regular session of the General Assembly an annual report of the conduct of his or her office. The commissioner shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which he or she deems to be most effective and efficient. As the chief revenue official of the state, he or she shall advise the Governor and the General Assembly on all matters relating to revenue."
SECTION 38. Code Section 49-3-3.1 of the Official Code of Georgia Annotated, relating to the annual report from the county director of the department of family and children services and appearance before legislative delegation, is amended by striking said Code section in its entirety and inserting in its place the following:
"49-3-3.1. (a) The county director of the department of family and children services of each county shall provide an annual report no later than December 31 of each year, beginning in the year 2000, to the county board, county commission, and the director of the Division of Family and Children Services, and. The county director of the department of family and children services of each county shall notify each member of the General Assembly whose legislative district includes any part of that county of the availability of the annual report but shall not be required to distribute copies of the annual report to the members. The report shall include the following information for the 12 month period ending June 30 of that year:
(1) The number of children for whom the county department has received a complaint of child abuse pursuant to Code Section 19-7-5; (2) General demographic data such as gender, race, and age regarding children specified in paragraph (1) of this subsection; (3) The number of children taken into county department custody; (4) The number of placements of children in county department custody by the type of placement; (5) The length of time in county department custody by the number of children; and (6) Any other information required by the director of the Division of Family and Children Services.

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(b) A majority of the legislative delegation whose members are required to receive a report notification pursuant to subsection (a) of this Code section shall be authorized to require the director of the department of family and children services of the county which provided that report to appear before that delegation and to answer questions regarding that report and other matters relating to issues of child abuse and child protective services."
SECTION 39. Code Section 49-4-183 of the Official Code of Georgia Annotated, relating to administration of assistance program by department, promulgation of rules and regulations by board, and duties of the department, is amended by striking the introductory language of paragraph (3) of subsection (c) of said Code section in its entirety and inserting in its place the following:
"(3) Publish an annual report and such interim reports as may be necessary. The annual report and such interim reports shall be provided to the Governor and members of the General Assembly. The department shall not be required to distribute copies of the annual report or the interim reports to the members of the General Assembly but shall notify the members of the availability of the reports in the manner which it deems to be most effective and efficient. The annual report and interim reports shall and contain the following:".
SECTION 40. Code Section 49-5-153 of the Official Code of Georgia Annotated, relating to annual report of the Children and Youth Coordinating Council, is amended by striking said Code section in its entirety and inserting in its place the following:
"49-5-153. The council shall prepare an annual report on the progress of the community based programs of this state which shall include the most current institutional and out-ofhome placement populations of children being served by the various departments of state government and which shall include comparative costs of all children-serving agencies. Such report shall be submitted to the Governor, the General Assembly, and the various state departments providing services to children. The council shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which it deems to be most effective and efficient."
SECTION 41. Code Section 49-5-273 of the Official Code of Georgia Annotated, relating to creation of PeachCare, availability, eligibility, payment of premiums, and enrollment, is amended by striking subsection (j) of said Code section in its entirety and inserting in its place the following:
"(j) The department shall publish an annual report, copies a copy of which shall be

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provided to the Governor and the General Assembly setting forth the number of participants in the program, the health services provided, the amount of money paid to providers, and other pertinent information with respect to the administration of the program. The department shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which it deems to be most effective and efficient."
SECTION 42. Code Section 49-6-6 of the Official Code of Georgia Annotated, relating to annual report by the Department of Human Resources with regard to services for the aging, is amended by striking said Code section in its entirety and inserting in its place the following:
"49-6-6. It shall be the duty of the department to submit an annual report to the Governor and to notify the General Assembly of such report on or before January 1 of each year, setting forth the results of its studies, accomplishments, and recommendations, if any, for legislation. The department shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which it deems to be most effective and efficient."
SECTION 43. Code Section 50-5-136 of the Official Code of Georgia Annotated, relating to powers and authority of the State Use Council, is amended by striking paragraph (6) of subsection (b) of said Code section in its entirety and inserting in its place the following:
"(6) To make an annual report to the Governor and the General Assembly concerning its activities under this part and the activities and contracts provided by the central nonprofit agency. The State Use Council shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which it deems to be most effective and efficient."
SECTION 44. Code Section 50-12-48 of the Official Code of Georgia Annotated, relating to annual report of the Georgia State Games Commission, is amended by striking said Code section in its entirety and inserting in its place the following:
"50-12-48. The commission shall make an annual report of its activities to the Governor and to the General Assembly, with any recommendations which it may wish to make. The commission shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which it deems to be most effective and efficient."

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SECTION 45. Code Section 50-17-26 of the Official Code of Georgia Annotated, relating to evidence of indebtedness, accrual of interest, paying agent, executory contracts, audits, and legal services, is amended by striking subsection (g) of said Code section in its entirety and inserting in its place the following:
"(g) The commission, together with all funds established in connection with public debt, shall be audited no less frequently than annually by an independent certified public accountant to be selected by a majority of the commission. Copies of such audit shall be given to both houses of the General Assembly and shall be available upon request to interested parties, including, specifically but without limitation, the holders of evidences of indebtedness. The commission shall not be required to distribute copies of the audit to the members of the General Assembly but shall notify the members of the availability of the audit in the manner which it deems to be most effective and efficient."
SECTION 46. Code Section 50-26-15 of the Official Code of Georgia Annotated, relating to annual and periodic audits and reports of the Georgia Housing and Finance Authority, is amended by striking subsection (a) of said Code section in its entirety and inserting in its place the following:
"(a) The state auditor shall make an annual audit of the books, accounts, and records of the authority with respect to its receipts, disbursements, contracts, mortgages, leases, assignments, loans, and all other matters relating to its financial operations. The state auditor shall place the audit report on file in his or her office, make the report available for inspection by the general public, and shall submit a copy of the report to the General Assembly. The state auditor shall not be required to distribute copies of the audit to the members of the General Assembly but shall notify the members of the availability of the audit in the manner which he or she deems to be most effective and efficient."
SECTION 47. Code Section 50-34-13 of the Official Code of Georgia Annotated, relating to annual and biannual audits and reports of the OneGeorgia Authority, is amended by striking subsection (a) of said Code section in its entirety and inserting in its place the following:
"(a) The state auditor or an independent public accountant retained by the authority shall make an annual audit of the books, accounts, and records of the authority with respect to its receipts, disbursements, contracts, leases, assignments, loans, and all other matters relating to its financial operations. The state auditor shall place the audit report on file in his or her office, make the report available for inspection by the general public, and submit a copy of the report to the General Assembly. The state auditor shall not be required to distribute copies of the audit to the members of the General Assembly but shall notify the members of the availability of the audit in the manner which he or she deems to be most effective and efficient."

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SECTION 48. Code Section 50-5-196 of the Official Code of Georgia Annotated, relating to the membership and powers and duties of the Distance Learning and Telemedicine Network Governing Board, is amended by striking subsection (f) of said Code section in its entirety and inserting in its place the following:
"(f) The governing board shall prepare and submit annually to the Governor and the General Assembly a report detailing its activities and operations for the prior year, to include but not be limited to information as to the number of applications received, the identities of the applicants, the identities of those applicants awarded funding, and the respective award amounts. The governing board shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which it deems to be most effective and efficient."
SECTION 49. Code Section 50-25-7.10 of the Official Code of Georgia Annotated, relating to reports of the Georgia Technology Authority to be submitted to the director of the Office of Planning and Budget and the state auditor, is amended by striking said Code section in its entirety and inserting in its place the following:
"50-25-7.10. The executive director shall submit to the director of the Office of Planning and Budget and the state auditor on a quarterly an annual basis a report of all activity regarding technology and technology resources for each agency and the authority. The report shall accurately represent all financial details including current cash balances, line item detail on expenditures including systems development, personal services, and equipment from the previous quarter fiscal year and anticipated expenditures for the upcoming quarter fiscal year, projected year-end balance, depreciated value of capital equipment, and balances of reserve funds established for capital equipment, as well as a status report on personnel position changes including new technology related positions created and existing technology related positions eliminated. The authority spending reports shall comply with the state accounting system object codes."
SECTION 50. Code Section 50-25-7.12 of the Official Code of Georgia Annotated, relating to the Georgia Technology Authority and development of a budgeting and accounting system, is amended by striking said Code section in its entirety and inserting in its place the following:
"50-25-7.12. The authority, the Office of Planning and Budget, and the state auditor shall jointly develop a system for budgeting and accounting of expenditures for technology resources. This system must integrate seamlessly with the technology portfolio management system. Annual reports regarding technology shall be coordinated by the

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authority with the Office of Planning and Budget and the state auditor and submitted to the Governor, General Assembly, and the board on or before October 1 of each year. The authority may adopt an accrual method of accounting. The authority shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which it deems to be most effective and efficient."
SECTION 51. All laws and parts of laws in conflict with this Act are repealed.
Senator Kemp of the 46th moved that the Senate agree to the House substitute to SB 431 as amended by the following amendment:
Amend the House substitute to SB 431 by striking "March" on line 1 on page 13 and replace with "April".
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 431 as amended by the Senate.
The following bill was taken up to consider House action thereto:
SB 148. By Senators Squires of the 5th and Clay of the 37th:
A BILL to be entitled an Act to amend Part 6 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to deprivation, so as to change and reorganize provisions relating to allegedly deprived children; to provide for related matters; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, 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; to conform provisions in such chapter to the change in jurisdiction; to provide for notification of the juvenile court if a person who appears to be under the age of 18 is confined in a jail for adults and transfer of such person; to provide for commitment of children 13 to 18 years of age to the custody of the Department of Corrections; to amend certain provisions relating to court

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supervision fees; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, parental rights, and mental incompetency and dependency for juveniles, is amended in Code Section 15-11-2, relating to definitions, by striking in its entirety paragraph (2) and inserting in lieu thereof the following:
"(2) 'Child' means any individual who is: (A) Under the age of 17 18 years; or (B) Under the age of 21 years, who committed an act of delinquency before reaching the age of 17 18 years, and who has been placed under the supervision of the court or on probation to the court; or (C) Under the age of 18 years, if alleged to be a "deprived child" or a "status offender" as defined by this Code section "
SECTION 2. Said chapter is further amended in Code Section 15-11-4, relating to the juvenile court as a court of inquiry and a court of record, and issuance of warrants, by striking subsection (a) in its entirety and inserting in lieu thereof the following:
"(a) Court of inquiry. The juvenile court shall have jurisdiction to act as a court of inquiry with all the powers and rights allowed courts of inquiry in this state and to examine or investigate into the circumstances or causes of any conduct or acts of any person 17 18 years of age or over that may be in violation of the laws of this state whenever the person is brought before the court in the course of any proceeding instituted under this article. The court shall cause the person to be apprehended and brought before it upon either a writ of summons, a warrant duly issued, or by arrest. Where, after hearing evidence, the court has reasonably ascertained that there is probable cause to believe that the person has committed a misdemeanor or felony as prescribed under the laws of this state, the court shall commit, bind over to the court of proper jurisdiction in this state, or discharge the person. When justice shall require, the court shall cause the person to make the bond or bail as the court shall deem proper under the circumstances, to cause the person to appear before the court of proper jurisdiction in this state to be acted upon as provided by law."
SECTION 3. Said chapter is further amended in Code Section 15-11-28, relating to the jurisdiction of the juvenile court, by striking in their entirety paragraph (2) of subsection (b) and subsection (d) and inserting in lieu thereof the following:
"(2)(A) The superior court shall have exclusive jurisdiction over the trial of any

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child 13 to 17 18 years of age who is alleged to have committed any of the following offenses:
(i) Murder; (ii) Voluntary manslaughter; (iii) Rape; (iv) Aggravated sodomy; (v) Aggravated child molestation; (vi) Aggravated sexual battery; or (vii) Armed robbery if committed with a firearm. (A.1) The granting of bail or pretrial release of a child charged with an offense enumerated in subparagraph (A) of this paragraph shall be governed by the provisions of Code Section 17-6-1. (B) After indictment, the superior court may after investigation and for extraordinary cause transfer any case involving a child 13 to 17 18 years of age alleged to have committed any offense enumerated in subparagraph (A) of this paragraph which is not punishable by loss of life, imprisonment for life without possibility of parole, or confinement for life in a penal institution. Any such transfer shall be appealable by the State of Georgia pursuant to Code Section 5-7-1. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate. Any case transferred by the superior court to the juvenile court pursuant to this subparagraph shall be subject to the designated felony provisions of Code Section 15-11-63 and the transfer of the case from superior court to juvenile court shall constitute notice to the child that such case is subject to the designated felony provisions of Code Section 15-11-63. (C) Before indictment, the district attorney may, after investigation and for extraordinary cause, decline prosecution in the superior court of a child 13 to 17 18 years of age alleged to have committed an offense specified in subparagraph (A) of this paragraph. Upon declining such prosecution in the superior court, the district attorney shall immediately withdraw the case and lodge it in the appropriate juvenile court for adjudication. Any case transferred by the district attorney to the juvenile court pursuant to this subparagraph shall be subject to the designated felony provisions of Code Section 15-11-63 and the transfer of the case from superior court to juvenile court shall constitute notice to the child that such case is subject to the designated felony provisions of Code Section 15-11-63. (D) The superior court may transfer any case involving a child 13 to 17 18 years of age alleged to have committed any offense enumerated in subparagraph (A) of this paragraph and convicted of a lesser included offense not included in subparagraph (A) of this paragraph to the juvenile court of the county of the childs residence for disposition. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate. (E) Within 30 days of any proceeding in which a child 13 to 17 18 years of age is convicted of certain offenses over which the superior court has exclusive jurisdiction as provided in subparagraph (A) of this paragraph or adjudicated

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delinquent on the basis of conduct which if committed by an adult would constitute such offenses, the superior court shall provide written notice to the school superintendent or his or her designee of the school in which such child is enrolled or, if the information is known, of the school in which such child plans to be enrolled at a future date. Such notice shall include the specific criminal offense that such child committed. A local school system to which the child is assigned may request further information from the courts file." "(d) Age limit for new actions. The juvenile court shall not have jurisdiction to initiate any new action against an individual for acts committed after he or she has reached the age of 17 18 years. This subsection does not affect the courts jurisdiction to enter extension orders pursuant to Code Section 15-11-58."
SECTION 4. Said chapter is further amended in Code Section 15-11-30.2, relating to transfer of a child to another court for prosecution, by striking subsection (d) in its entirety and inserting in lieu thereof the following:
"(d) No child, either before or after reaching 17 18 years of age, shall be prosecuted for an offense previously committed unless the case has been transferred as provided in this Code section."
SECTION 5. Said chapter is further amended in Code Section 15-11-48, relating to places of detention for children, by striking in its entirety subsection (d) and inserting in lieu thereof the following:
"(d) Notification of court by official of jail. The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall immediately inform the juvenile court or a duly authorized officer of the juvenile court if a person who is or appears to be under the age of 17 18 years is received at the facility and shall bring him or her before the court upon request or deliver him or her to a detention or shelter care facility designated by the court; provided, however, the official in charge of a jail or other facility for the detention of adult offenders or persons charged with a crime shall immediately inform the court in which the case is pending or a duly authorized officer of such court if a person who is or appears to be 13 to 17 18 years of age and who is alleged to have committed any offense enumerated in subparagraph (b)(2)(A) of Code Section 15-11-28 is received at the facility and shall bring him or her before the court upon request or deliver him or her to a detention facility designated by the court. Such child shall not be held in the jail but may be held in a temporary holding area outside of the jail constructed as such for not longer than six hours pending transfer to the detention facility. For purposes of this Code section, the term 'jail' shall include not only the cells, but any other secured area of the jail adjacent to the cells in which adult offenders are held or through which they are transported."

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SECTION 6. Said chapter is further amended in Code Section 15-11-62, relating to commitment of certain children to the custody of the Department of Corrections, by striking subsection (a) in its entirety and inserting in lieu thereof the following:
"(a) A child 13 to 17 18 years of age convicted of any offense enumerated in subparagraph (b)(2)(A) of Code Section 15-11-28 shall be committed to the custody of the Department of Corrections; provided, however, that any child in the custody of the Department of Corrections shall be housed in a designated youth confinement unit until reaching the age of 17 18 notwithstanding that such child was tried and convicted as an adult in superior court. Any designated youth confinement unit in which a child is housed shall be designed to ensure that children are at all times housed separately from any adult offender incarcerated in the facility in which such youth confinement unit is located and shall be designed to facilitate rehabilitation of such children, which shall mean that a youth confinement unit shall be of a nondormitory design whenever possible and whenever such facilities become available and staffed by personnel who have received specialized training in the field of juvenile justice. All designated youth confinement units shall provide to children 13 to 17 18 years of age who have been sentenced to such units as a result of a conviction in superior court as an adult of an offense enumerated in subparagraph (b)(2)(A) of Code Section 15-11-28 life skills training, academic or vocational training, and substance abuse and violence prevention counseling to the extent that appropriations are available for such activities."
SECTION 7. Said chapter is further amended in Code Section 15-11-63, relating to designated felony acts, by striking paragraph (2) of subsection (a) and inserting in lieu thereof the following:
"(2) 'Designated felony act' means an act which: (A) Constitutes a second or subsequent offense under subsection (b) of Code Section 16-11-132 if committed by a child 13 to 17 18 years of age; (B) If done by an adult, would be one or more of the following crimes: (i) Kidnapping or arson in the first degree, if done by a child 13 or more years of age; (ii) Aggravated assault, arson in the second degree, aggravated battery, robbery, armed robbery not involving a firearm, or battery in violation of Code Section 165-23.1 if the victim is a teacher or other school personnel, if done by a child 13 or more years of age; (iii) Attempted murder or attempted kidnapping, if done by a child 13 or more years of age; (iv) The carrying or possession of a weapon in violation of subsection (b) of Code Section 16-11-127.1; (v) Hijacking a motor vehicle, if done by a child 13 or more years of age; (vi) Any violation of Code Section 16-7-82, 16-7-84, or 16-7-86 if done by a child 13 or more years of age;

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(vii) Any other act which, if done by an adult, would be a felony, if the child committing the act has three times previously been adjudicated delinquent for acts which, if done by an adult, would have been felonies; (viii) Any violation of Code Section 16-13-31, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine; (ix) Any criminal violation of Code Section 16-14-4, relating to racketeering; or (x) Any violation of Code Section 16-10-52, relating to escape, if the child involved in the commission of such act has been previously adjudicated to have committed a designated felony; (C) Constitutes a second or subsequent adjudication of delinquency based upon a violation of Code Section 16-7-85 or 16-7-87; (C.1) Constitutes any violation of Code Section 16-15-4, relating to criminal street gangs; (D) Constitutes an offense within the exclusive jurisdiction of the superior court pursuant to subparagraph (b)(2)(A) of Code Section 15-11-28 which is transferred by the superior court to the juvenile court for adjudication pursuant to subparagraph (b)(2)(B) of Code Section 15-11-28 or which is transferred by the district attorney to the juvenile court for adjudication pursuant to subparagraph (b)(2)(C) of Code Section 15-11-28; or (E) Constitutes a second or subsequent violation of Code Sections 16-8-2 through 16-8-9, relating to theft, if the property which was the subject of the theft was a motor vehicle."
SECTION 8. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking Code Section 15-11-71 of the Official Code of Georgia Annotated, relating to juvenile court supervision fees, and inserting a new Code section to read as follows:
"15-11-71. (a) The purpose of this Code section is to allow the juvenile courts of Georgia to collect supervision fees from those who are placed under the courts formal or informal supervision in order that the court may use those fees to expand the provision of the following types of ancillary services:
(1) Housing in nonsecure facilities that meet the requirements of Code Section 15-1148; (2) Educational services, tutorial services, truancy intervention services or both any combination thereof; (3) Counseling and diagnostic testing; (4) Mediation; (5) Transportation to and from court ordered services; (6) Restitution programs; and (7) Job development or work experience programs. (b) The juvenile court may order each delinquent or unruly child who receives

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supervision under paragraph (2), (5), or (6) of subsection (a) of Code Section 15-11-66, or Code Section 15-11-67, or paragraph (2) of subsection (a) of counsel and advice pursuant to Code Section 15-11-69 to pay:
(1) An initial court supervision users fee of not less than $10.00 nor more than $200.00; and (2) A court supervision users fee of not less than $2.00 nor more than $30.00 for each month that the child receives supervision to the clerk of the court. The child and each parent, guardian, or legal custodian of the child may be jointly and severally liable for the payment of the fee and shall be subject to the enforcement procedure stated in subsection (b) of Code Section 15-11-8. The judge shall attempt to provide that any such fees shall be imposed on such terms and conditions as shall assure that the funds for the payment are from moneys earned by the child. All moneys collected by the clerk under this subsection shall be transferred to the county treasurer, or such other county official or employee who performs duties previously performed by said treasurer, who shall deposit the moneys into a county supplemental juvenile services fund. The governing authority of the county shall appropriate moneys from the county supplemental juvenile services fund to the juvenile court for the courts discretionary use in providing supplemental community based services described in subsection (a) of this Code section to offenders who are children. These funds shall be administered by the county and the court may draw upon them by submitting invoices to the county. The county supplemental juvenile services fund may be used only for these services. Any moneys remaining in the fund at the end of the county fiscal year shall not revert to any other fund but shall continue in the county supplemental juvenile services fund. The county supplemental juvenile services fund may not be used to replace other funding of services. (c) For the purpose of this Code section, the term 'guardian' or 'legal custodian' shall not be interpreted or construed to include the Department of Human Resources."
SECTION 9. This Act shall become effective on July 1, 2004, except that the provisions of Sections 1 through 7 shall become effective on July 1, 2005.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
Senator Squires of the 5th moved that the Senate agree to the House substitute to SB 148.
Senator Squires of the 5th withdrew her motion to agree to the House substitute to SB 148.
Senator Squires of the 5th asked unanimous consent that the Senate disagree to the House substitute to SB 148.

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The consent was granted, and the Senate disagreed to the House substitute to SB 148.
Senator Fort of the 39th asked unanimous consent that Senator Kemp of the 3rd be excused. The consent was granted, and Senator Kemp was excused.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
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 for subrogation; 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

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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 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

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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. (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 stay the action 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 stay 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. (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 shall 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

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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 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 reasonable 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 prompt and reasonable 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 shall 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, along with the reasons for such rejection. (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

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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 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

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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 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.
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. (a) 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. (b) An insurer paying a claim under this part shall be subrogated to the rights of the claimant to whom the amounts were paid against the person causing the construction defect, damages, or other reason for payment to the extent that claim payments were made, except that the insurer shall be required to pay any applicable part of costs, expenses, and attorneys fees incurred in connection therewith.
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 the contract. (b) The notice required by subsection (a) of this Code section shall be in substantially the following form:

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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 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

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(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.

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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 moved that the Senate agree to the House amendment to the Senate substitute to SB 563 as amended by the following amendment:
Amend the House substitute to SB 563 by inserting on line 2 of page 1, following the words "so as to", the following:
"require the installation of carbon monoxide detectors in certain structures; to provide for enforcement; to provide for a penalty; to provide for a limitation on the consequences of the failure to provide such detectors in certain structures; to".
By striking line 14 of page 1 and inserting in lieu thereof the following: "buildings and standards of construction, is amended by inserting following Code Section 8-2-31 a new Code 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., 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

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this Code section shall retain any fines collected pursuant to this subsection. (2) Any responsible person 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, however, that a warning shall be issued for a first violation. (c) Failure to maintain a carbon monoxide detector or alarm in good working order in a dwelling, dwelling unit, or other facility listed in subsection (a) 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.'
SECTION 2. Said article is further amended by adding a new Part 2A to read as".

By renumbering Sections 2 and 3 on page 9 as Sections 3 and 4, respectively.

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

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

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

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

On the motion, the yeas were 19, nays 29; the motion lost, and the Senate did not agree to the House substitute to SB 563 as amended by the Senate.

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Senator Hamrick of the 30th moved that the Senate agree to the House substitute to SB 563.

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

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

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

Y Seay Y Shafer
Smith,F Y Smith,P Y Squires Y Starr
Stephens E 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 motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 563.

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

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.

The House amendment was as follows:

Amend HB 198 as amended by the Senate by inserting on line 2 of page 1 immediately after "as" the following:

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"to protect students from unethical behavior;".

By inserting on line 3 of page 1 immediately after "ethics;" the following: "to require a prompt request for a criminal record check for a newly hired teacher, principal, or other certificated professional employee;".

By inserting after Section 1 the following:

"SECTION 2. Said chapter is further amended by striking paragraph (1) of subsection (e) of Code Section 20-2-211, relating to annual contracts of teachers, principals, and other certificated professional personnel, and inserting in lieu thereof the following:
'(e)(1) All personnel employed by a local unit of administration after July 1, 2000, whether or not such personnel hold certificates from the Professional Standards Commission, shall be fingerprinted and have a criminal record check made as required by this subsection. The local unit of administration shall request the criminal record check within ten working days following the date of hire. The local unit of administration shall have the authority to employ a person holding such a certificate under a provisional or temporary contract for a maximum of 200 days and to employ a person who does not hold such a certificate for a maximum of 200 days, in order to allow for the receipt of the results of the criminal record check. Teachers, principals, and other certificated personnel whose employment in a local unit of administration is renewed pursuant to this subpart after July 1, 2000, shall have a criminal record check made as required by this subsection upon any certificate renewal application to the Professional Standards Commission. The local unit of administration shall adopt policies to provide for the subsequent criminal record checks of noncertificated personnel continued in employment in the local unit of administration.'"

By renumbering Section 2 as Section 3.

Senator Starr of the 44th moved that the Senate agree to the House amendment to the Senate amendment to HB 198.

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

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler

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

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

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

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

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 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 198.

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

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.

Senator Bulloch of the 11th asked unanimous consent that the Senate insist on its substitute to HB 1766.

The consent was granted, and the Senate insisted on its substitute to HB 1766.

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

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

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apprentice barbers, each of whom must be under the supervision of a separate master barber; and for other purposes.

Senator Seabaugh of the 28th asked unanimous consent that the Senate insist on its substitute to HB 1359.

The consent was granted, and the Senate insisted on its substitute to HB 1359.

Senator Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on Thursday, April 1, 2004, be taken from the Table:

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.

Senate Sponsor: Senator Shafer of the 48th.

The consent was granted, and HB 211 was taken from the Table.

Pursuant to Senate Rule 111, HB 211, having been taken from the Table was put upon its passage.

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

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

Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler

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

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

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

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

Y Tanksley Tate
Y 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 42, nays 0.

HB 211, having received the requisite constitutional majority, was passed.

Senator Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on Thursday, April 1, 2004, be taken from the Table:

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.

Senate Sponsor: Senator Levetan of the 40th.

The consent was granted, and HB 208 was taken from the Table.

Pursuant to Senate Rule 111, HB 208, having been taken from the Table was put upon its passage.

The Senate Special Judiciary Committee Substitute and the Levetan of the 40th amendment # 1 can be found in the Journal of April 1, 2004.

The Levetan of the 40th amendment # 1 was adopted on April 1, 2004.

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Senator Balfour of the 9th offered the following amendment # 2:
Amend the Senate Special Judiciary substitute to HB 208 by striking line 1 of page 1 and inserting in lieu thereof the following:
"To amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, so as to change provisions relating to compliance with condominium instruments; to change provisions relating to allocation of votes in associations; to clarify liability for common expenses which may be assessed against owners; to clarify amendment procedures and requirements of condominium instruments; to change provisions relating to damage or destruction of units; to change provisions for calling meetings of the association; to change provisions relating to quorums at association or board meetings; to amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated,".
By redesignating Sections 1 through 10 as Sections 4 through 14, respectively.
By inserting new Sections 1, 2, and 3 to read as follows:
"SECTION 1. Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, is amended by striking Code Section 44-3-76, relating to compliance with condominium instruments, and inserting in lieu thereof the following:
'44-3-76. Every unit owner and all those entitled to occupy a unit shall comply with all lawful provisions of the condominium instruments. In addition, any unit owner and all those entitled to occupy a unit shall comply with any reasonable rules or regulations adopted by the association pursuant to the condominium instruments which have been provided to the unit owners and with the lawful provisions of bylaws of the association. Any lack of such compliance shall be grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity, maintainable by the association or, in any proper case, by one or more aggrieved unit owners, on their own behalf or as a class action. If and to the extent provided in the condominium instruments, the association shall be empowered to impose and assess fines, and suspend temporarily voting rights and the right of use of certain of the common elements in order to enforce such compliance; provided, however, that no such suspension shall deny any unit owner or occupants access to the unit owned or occupied nor cause any hazardous or unsanitary condition to exist. If the voting right of a unit owner has been suspended, then to the extent provided in the condominium instruments, that unit owners vote shall not count for purposes of establishing a quorum or taking any action which requires a vote of the owners under this article or the condominium instruments. Notwithstanding any other provision of this Code section, to the extent provided in the condominium instruments, water, gas, electricity,

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heat, and air conditioning services being provided to a unit or unit owner by the association may be terminated for failure to pay assessments and other amounts due pursuant to subsection (a) of Code Section 44-3-109, subject to the suspension standards and notice requirements imposed on the institutional providers providing such services to the condominium development, only after a final judgment or final judgments in excess of a total of $750.00 are obtained in favor of the association from a court of competent jurisdiction. The utility services shall not be required to be restored until the judgment or judgments and any reasonable utility provider charges or other reasonable costs incurred in suspending and restoring such services are paid in full. All common expenses for termination and restoration of any services pursuant to this Code section shall be an assessment and a lien against the unit.'
SECTION 2. Said article is further amended by striking subsections (b) and (c) of Code Section 44-379, relating to the allocation of votes in the association, and inserting in lieu thereof the following:
'(b) Since a unit owner may be more than one person, if only one of those persons is present at a meeting of the association or is voting by proxy, ballot, or written consent, that person shall be entitled to cast the votes pertaining to that unit. However, if more than one of those persons is present or executes a proxy, ballot, or written consent, the vote pertaining to that unit shall be cast only in accordance with their unanimous agreement unless the condominium instruments expressly provide otherwise; and such consent shall be conclusively presumed if any one of them purports to cast the votes pertaining to that unit without protest being made immediately by any of the others to the person presiding over the meeting or vote. (c) The votes pertaining to any unit may, and, in the case of any unit owner not a natural person or persons, shall, be cast pursuant to a proxy or proxies duly executed by or on behalf of the unit owner or, in cases where the unit owner is more than one person, by or on behalf of the joint owners of the unit. No such proxy shall be revocable except as provided in Code Section 14-2-722 or 14-3-724 or by written notice delivered to the association by the unit owner or by any joint owners of a unit. Any proxy shall be void if it is not dated or if it purports to be revocable without such notice.'
SECTION 3. Said article is further amended by striking subsection (c) of Code Section 44-3-80, relating to the allocation of liability for common expenses, and inserting in lieu thereof the following:
'(c) The amount of all common expenses not specially assessed pursuant to subsection (a) or (b) of this Code section, less the amount of all undistributed and unreserved common profits, shall be assessed against the condominium units in accordance with the allocation of liability for common expenses set forth in the declaration. The allocation may be by percentage, fraction, formula, or any other method which indicates the relative liabilities for common expenses. If an equal liability for common

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expenses is allocated to each unit, the declaration may merely so state. The entire liability for common expenses shall be allocated among the units depicted on plats or plans that comply with subsections (a) and (b) of Code Section 44-3-83 and shall be subject to reallocation as provided in this article. Except to the extent otherwise expressly provided or permitted by this article, the allocations of the liability shall not be altered; provided, however, that no reallocation shall affect any assessment or installation thereof becoming due and payable prior to reallocation. The assessments shall be made by the association annually or more often if the condominium instruments so provide and shall be payable in the manner determined by the association. Notwithstanding any unequal allocation of liabilities for common expenses pursuant to this subsection, this provision shall not preclude the association from levying charges equally among units for services or items provided to owners upon request, or which provide proportionate or uniform benefit to the units, including, but not limited to, uniform charges for pool keys or other common element entry devices.'"

Senator Balfour of the 9th asked unanimous consent that his amendment # 2 be withdrawn. The consent was granted, and the amendment was withdrawn.

Senator Seabaugh of the 28th offered the following amendment # 3:

Amend the Senate Committee substitute to HB 208 by striking line 23 on page 1

On the adoption of the amendment, the yeas were 30, nays 1, and the Seabaugh amendment # 3 to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 34, nays 1, and the committee substitute was adopted as amended.

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

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

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

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

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

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

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

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

On the passage of the bill, the yeas were 39, nays 2.

HB 208, having received the requisite constitutional majority, was passed by substitute.

Senator Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on Thursday, April 1, 2004, be taken from the Table:
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.
Senate Sponsor: Senator Harp of the 16th.
The consent was granted, and HB 229 was taken from the Table.
Pursuant to Senate Rule 111, HB 229, having been taken from the Table was put upon its passage.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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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
Hamrick

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

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

On the passage of the bill, the yeas were 43, nays 0.

HB 229, having received the requisite constitutional majority, was passed.

3153

Senator Shafer of the 48th asked unanimous consent that the following bill, having been placed on the Table on Thursday, April 1, 2004, be taken from the Table:
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.
Senate Sponsor: Senator Shafer of the 48th.
The consent was granted, and HB 539 was taken from the Table.
Pursuant to Senate Rule 111, HB 539, having been taken from the Table was put upon its passage.

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

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

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

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

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

On the passage of the bill, the yeas were 41, nays 0.

HB 539, having received the requisite constitutional majority, was passed.

Senator Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on Thursday, April 1, 2004, be taken from the Table:

HB 666. By Representative Lord of the 103rd:

A BILL to amend Code Section 36-81-7 of the Official Code of Georgia Annotated, relating to requirement of audits, so as to change the amount of annual expenditures of local governments requiring annual audits; and for other purposes.

Senate Sponsor: Senator Mullis of the 53rd.

The consent was granted, and HB 666 was taken from the Table.

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Pursuant to Senate Rule 111, HB 666, having been taken from the Table was put upon its passage.

Senator Lee of the 29th offered the following amendment # 1:

Amend HB 666 by striking lines 1 and 2 on page 1 and inserting in lieu thereof the following: "To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to exempt certain officials from the definition of local government for the purpose of service delivery strategies; to change the amount of annual expenditures of local".

By redesignating Sections 2 and 3 as Sections 3 and 4, respectively, and striking lines 7 and 8 on page 1 and inserting in lieu thereof the following: "Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking paragraph (5.2) of Code Section 36-70-2, relating to definitions concerning service delivery by counties and municipalities, and inserting in lieu thereof a new paragraph (5.2) to read as follows:
'(5.2) "Local government" means any county as defined in paragraph (3) of this Code section or any municipality as defined in paragraph (7) of this Code section. The term does not include any school district of this state nor any sheriff, clerk of the superior court, judge of the probate court, or tax commissioner or the office, personnel, or services provided by such elected officials.'

SECTION 2. Said title is further amended by striking subsection (a) of Code Section 36-81-7, relating to the requirement of audits, and inserting in lieu thereof a new subsection".

On the adoption of the amendment, the yeas were 30, nays 4, and the Lee amendment was adopted.

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

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

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

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

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

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

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

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

On the passage of the bill, the yeas were 42, nays 1.

HB 666, having received the requisite constitutional majority, was passed as amended.

Senator Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on Thursday, April 1, 2004, be taken from the Table:

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.

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

The consent was granted, and HB 1086 was taken from the Table.

Pursuant to Senate Rule 111, HB 1086, having been taken from the Table was put upon its passage.

The committee substitute and the Kemp of the 3rd, Thomas of the 2nd amendment # 1 can be found in the Journal of April 1, 2004.

Senator Kemp of the 3rd asked unanimous consent that his amendment # 1 be withdrawn. The consent was granted, and the amendment was withdrawn.

Senators Hudgens of the 47th, Lee of the 29th and Meyer von Bremen of the 12th offered the following amendment # 2:

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Amend the Senate Special Judiciary Committee substitute to HB 1086 by striking lines 14 through 16 of page 1 and inserting in lieu thereof the following:
"are elected to the local school board; provided, however, that any such person shall not be allowed to participate in the operation of a bail bond".

On the adoption of the amendment, the yeas were 34, nays 0, and the Hudgens, et al. amendment # 2 to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 31, nays 3, and the committee substitute was adopted as amended.

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

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

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

Y Harbison Harp
Y 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
Price Y Reed Y Seabaugh

Y Seay Y Shafer Y Smith,F E 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 E Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 44, nays 0.

HB 1086, having received the requisite constitutional majority, was passed by substitute.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

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Mr. President:
The House has passed, as amended, by the requisite constitutional majority the following Bill of the Senate:
SB 231. By Senator Price of the 56th:
A BILL to be entitled an Act to amend an Act providing for the establishment of a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4084), an Act approved April 1, 1996 (Ga. L. 1996, p. 3859), and an Act approved April 4, 1997 (Ga. L. 1997, p. 3635), so as to specify a name for the county-wide library system; to change membership, the number of members, and the selection of members of the library board of trustees; to provide for vacancies and related matters; to provide for the selection of the executive director of the library system and to whom the executive director shall report; to provide an effective date; to repeal conflicting laws; and for other purposes.
The House has agreed to the Senate substitute to the following Bill of the House:
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.

Mr. President:

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 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

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penalties; to provide for exceptions; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Speaker has appointed on the part of the House, Representatives Orrock of the 51st, Oliver of the 56th, Post 2, and Mobley of the 58th.

Mr. President:

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

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 House has agreed to the Senate substitutes to 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 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.

Senator Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on Thursday, April 1, 2004, be taken from the Table:

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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.

Senate Sponsor: Senator Butler of the 55th.

The consent was granted, and HB 1113 was taken from the Table.

Pursuant to Senate Rule 111, HB 1113, having been taken from the Table was put upon its passage.

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

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

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

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

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

On the passage of the bill, the yeas were 43, nays 0.

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HB 1113, having received the requisite constitutional majority, was passed.

Senators Thompson of the 33rd, Clay of the 37th, Lamutt of the 21st and Collins of the 6th recognized Cobb County Sheriff, Neal Warren.

Senator Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on Thursday, April 1, 2004, be taken from the Table:

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.

Senate Sponsor: Senator Mullis of the 53rd.

The consent was granted, and HB 1117 was taken from the Table.

Pursuant to Senate Rule 111, HB 1117, having been taken from the Table was put upon its passage.

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

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

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

Y Harbison Y Harp Y Henson E Hill Y Hooks Y Hudgens Y Jackson E 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 Y Stephens E Stokes
Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R

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Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

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

Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 47, nays 0.

HB 1117, having received the requisite constitutional majority, was passed.

Senator Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on Thursday, April 1, 2004, be taken from the Table:

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.

Senate Sponsor: Senator Williams of the 19th.

The consent was granted, and HB 1156 was taken from the Table.

Pursuant to Senate Rule 111, HB 1156, having been taken from the Table was put upon its passage.

Senator Zamarripa of the 36th offered the following amendment:

Amend HB 1156 by adding after "investigators;" on line 3 of page 1 the following: "to provide for a streetcar transportation program;".

By adding a new Section 2 to read as follows:

"SECTION 2. The department will 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. Any funding through bonds for such pilot and grant program shall be administered by the State Road and Tollway Authority."

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WEDNESDAY, APRIL 7, 2004

3163

By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.

On the adoption of the amendment, the yeas were 36, nays 0, and the Zamarripa 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
Brown Y Brush
Bulloch Y Butler
Cagle Y Cheeks Y Clay Y Collins Y Crotts
Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Harbison Y Harp Y Henson 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 Shafer
Y Smith,F Y Smith,P Y Squires Y Starr E 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 44, nays 0.

HB 1156, having received the requisite constitutional majority, was passed as amended.

Senator Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on Thursday, April 1, 2004, be taken from the Table:

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

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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.
Senate Sponsor: Senator Tolleson of the 18th.
The consent was granted, and HB 1248 was taken from the Table.

Pursuant to Senate Rule 111, HB 1248, having been taken from the Table was put upon its passage.
Senators Balfour of the 9th and Hooks of the 14th offered the following amendment:
Amend HB 1248 by inserting on line 3 of page 1, following the word and symbol "carriers;", the following:
"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 the provision of emergency '911' services;".
By inserting immediately following line 4 of page 2 the following:
"SECTION 2A. Said title is further amended by adding at the end of Code Section 46-5-138, relating to joint authorities, a new subsection (f) to read as follows:
'(f) Notwithstanding subsection (i) of Code Section 46-5-134, if the joint authority and each local governing body activating the joint authority certify to the service provider in writing prior to the end of the 18 month period in advance of the date on which the "911" service was to have become fully operational that the system cannot be placed in operation on the date originally projected but that all parties are proceeding in a diligent and timely fashion to implement such service, the service provider shall continue to collect the monthly "911" charge for an additional period of 18 months or until the "911" service becomes fully operational, whichever occurs first.'
SECTION 2B. Said title is further amended by striking subsection (a) of Code Section 46-5-138.1, relating to guidelines pertaining to additional charges on exchange access facilities involving contracts between two or more counties, and inserting in its place the following:
'(a) Notwithstanding any provision of paragraph (1) of subsection (a) of Code Section 46-5-134 to the contrary, where two or more counties, none of which offers emergency

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3165

"911" services on May 1, 1998, and any participating municipalities within such counties, if any, agree by intergovernmental contract to initiate or contract for the joint operation of an emergency "911" system for the first time after May 1, 1998, such local governments may impose a monthly "911" charge which exceeds $1.50 per exchange access facility but only so long as the following procedure is followed:
(1) The participating local governments shall, with input from a local exchange service supplier, prepare an estimated budget for the implementation of the joint emergency "911" system with costs limited to items eligible for funding through the Emergency Telephone System Fund; (2) An estimate of the revenue to be generated by the "911" charge authorized by paragraph (1) of subsection (a) of Code Section 46-5-134 during the first 18 months of collection shall be prepared; (3) If the total amount necessary for implementation of the emergency "911" system in paragraph (1) of this subsection exceeds the estimated revenue from imposition of the "911" charge specified in paragraph (2) of this subsection, the monthly "911" charge per exchange access facility may be increased on a pro rata basis during the first 18 months of collection to the extent necessary to provide revenue sufficient to pay the amount specified in paragraph (1) of this subsection, but in no case shall such monthly charge be greater than $2.50 per exchange access facility. Notwithstanding subsection (i) of Code Section 46-5-134, if each local governing body which is a party to an intergovernmental contract certifies to the service provider in writing prior to the end of the 18 month period in advance of the date on which the "911" service was to have become fully operational that the system cannot be placed in operation on the date originally projected but that all parties are proceeding in a diligent and timely fashion to implement such service, the service provider shall continue to collect the monthly "911" charge for an additional period of 18 months or until the "911" service becomes fully operational, whichever occurs first; and (4) Such local governments comply with the requirements of Code Section 46-5-133 which relate to the imposition of a monthly "911" charge. Nothing in this subsection shall be construed to authorize the imposition of any charge upon a wireless telecommunications connection. Except as otherwise provided in this subsection, the requirements of Code Section 46-5-134 which relate to monthly "911" charges on exchange access facilities shall apply to charges imposed pursuant to this subsection.'"
On the adoption of the amendment, the yeas were 36, nays 0, and the Balfour, Hooks amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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

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

Y Seay N Shafer Y Smith,F Y Smith,P Y Squires Y Starr E Stephens E Stokes Y Tanksley Y Tate Y 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 41, nays 4.

HB 1248, having received the requisite constitutional majority, was passed as amended.

The following communication was received by the Secretary:

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

The State Senate Atlanta, Georgia 30334
April 7, 2004

Dear Mr. Eldridge:

Please let the Journal reflect that I, Robert Brown, 26th District Senator, wish for my vote on HB 1248 to reflect "NO".

Thank you.

Sincerely, /s/ Robert Brown

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3167

Senator Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on Thursday, April 1, 2004, be taken from the Table:

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.

Senate Sponsor: Senator Henson of the 41st.

The consent was granted, and HB 1321 was taken from the Table.

Pursuant to Senate Rule 111, HB 1321, having been taken from the Table was put upon its passage.

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

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

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

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

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

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On the passage of the bill, the yeas were 41, nays 4.

HB 1321, having received the requisite constitutional majority, was passed.

Senator Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on Thursday, April 1, 2004, be taken from the Table:

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.

Senate Sponsor: Senator Crotts of the 17th.

The consent was granted, and HB 1348 was taken from the Table.

Pursuant to Senate Rule 111, HB 1348, having been taken from the Table was put upon its passage.

Senator Crotts of the 17th offered the following amendment:

Amend HB 1348 by adding on page 2 line 14 after the word "refreshments" the following:

or other items with a value less than $25.00

On the adoption of the amendment, the yeas were 30, nays 1, and the Crotts amendment was adopted.

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

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

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown

Y Harbison Y Harp Y Henson E Hill
Hooks

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

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3169

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

On the passage of the bill, the yeas were 45, nays 2.

HB 1348, having received the requisite constitutional majority, was passed as amended.

Senator Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on Thursday, April 1, 2004, be taken from the Table:

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.

Senate Sponsor: Senator Gillis of the 20th.

The consent was granted, and HB 1362 was taken from the Table.

Pursuant to Senate Rule 111, HB 1362, having been taken from the Table was put upon its passage.

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

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

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JOURNAL OF THE SENATE

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

Y Harbison Y Harp Y Henson E 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
Reed Y Seabaugh

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

On the passage of the bill, the yeas were 45, nays 0.

HB 1362, having received the requisite constitutional majority, was passed.

Senator Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on Thursday, April 1, 2004, be taken from the Table:

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.

Senate Sponsor: Senator Cagle of the 49th.

The consent was granted, and HB 1409 was taken from the Table.

Pursuant to Senate Rule 111, HB 1409, having been taken from the Table was put upon its passage.

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

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WEDNESDAY, APRIL 7, 2004

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

Adelman Y Balfour Y Blitch Y Bowen N Brown Y Brush 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 Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R
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 E Stephens E Stokes Y Tanksley N 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 47, nays 2.

HB 1409, having received the requisite constitutional majority, was passed.

3171

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

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

SB 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

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provisions relating to application for registration; to repeal conflicting laws; and for other purposes.
Mr. President:
The House has agreed to the Senate substitute to 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 Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on Thursday, April 1, 2004, be taken from the Table:
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.
Senate Sponsor: Senator Williams of the 19th.
The consent was granted, and HB 648 was taken from the Table.
Pursuant to Senate Rule 111, HB 648, having been taken from the Table was put upon its passage.
Senators Kemp of the 46th, Shafer of the 48th, Jackson of the 50th, Hudgens of the 47th, Stephens of the 51st and others offered the following amendment # 1:
Amend HB 648 by striking lines 3 through 13 of page 3 and inserting in lieu thereof the following:
"imposition of penalties authorized for the Commissioner by subsection (a) of Code Section 2-2-10.'"
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

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WEDNESDAY, APRIL 7, 2004

3173

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

Y Harbison N Harp N Henson Y Hill N Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B N Kemp,R Y Lamutt N Lee Y Levetan
Me V Bremen Y Moody N Mullis Y Price Y Reed
Seabaugh

N Seay Y Shafer N Smith,F Y Smith,P N Squires Y Starr Y Stephens E Stokes
Tanksley N Tate
Thomas,D E Thomas,N N Thomas,R N Thompson
Tolleson E Unterman N Williams
Zamarripa

On the adoption of the amendment, the yeas were 23, nays 22, and the Kemp of the 46th, et al. amendment # 1 was adopted.

Senator Bulloch of the 11th moved that the Senate reconsider its action in adopting the Kemp of the 46th, et al. amendment # 1.

On the motion to reconsider, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch N Bowen Y Brown
Brush Y Bulloch Y Butler N Cagle Y Cheeks N Clay Y Collins Y Crotts N Dean Y Fort

Y Harbison Y Harp Y Henson N Hill Y Hooks N Hudgens N Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt Y Lee Y Levetan Y Me V Bremen N Moody

Y Seay N Shafer Y Smith,F N Smith,P Y Squires N Starr N Stephens E Stokes Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R N Thompson E Tolleson

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JOURNAL OF THE SENATE

N Gillis Y Golden Y Hall
Hamrick

Y Mullis N Price N Reed N Seabaugh

E Unterman Y Williams
Zamarripa

On the motion, the yeas were 29, nays 20, the motion prevailed; and the Kemp of the 46th, et al. amendment # 1 was reconsidered.

On the adoption of the amendment after reconsideration, the President ordered a roll call, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen N Brown
Brush N Bulloch N Butler Y Cagle N Cheeks Y Clay N Collins
Crotts Y Dean N Fort Y Gillis N Golden N Hall N Hamrick

N Harbison N Harp N Henson Y Hill N Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B N Kemp,R Y Lamutt N Lee
Levetan N Me V Bremen Y Moody N Mullis Y Price Y Reed N Seabaugh

N Seay Y Shafer N Smith,F Y Smith,P N Squires Y Starr Y Stephens E Stokes N Tanksley N Tate
Thomas,D E Thomas,N N Thomas,R Y Thompson E Tolleson E Unterman N Williams
Zamarripa

On the adoption of the amendment, the yeas were 22, nays 25, and the Kemp of the 46th, et al. amendment # 1 was lost.

Senators Kemp of the 46th, Shafer of the 48th, Jackson of the 50th, Hudgens of the 47th, Stephens of the 51st and others offered the following amendment # 2:

Amend HB 648 by striking line 13 of page 3 and inserting in lieu thereof the following: "penalties for violations of injunctions as provided in said part; provided, however, that nothing in this Code section shall authorize any judicial or administrative action for a claim that any person is 'about to violate' any provision of Code Section 2-22-3 or 2-224 as such term is used in paragraph (2) of subsection (a) of Code Section 10-1-397.'"

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WEDNESDAY, APRIL 7, 2004

3175

Senator Kemp of the 46th asked unanimous consent that his amendment # 2 be withdrawn. The consent was granted, and the amendment was withdrawn.

Senator Cagle of the 49th moved that HB 648 be placed on the Table.

On the motion, a roll call was taken, and the vote was as follows:

N Adelman Y Balfour N Blitch Y Bowen N Brown N Brush N Bulloch N Butler Y Cagle N Cheeks Y Clay N Collins
Crotts N Dean
Fort Y Gillis N Golden N Hall N Hamrick

N Harbison N Harp N Henson N Hill N Hooks N Hudgens Y Jackson Y Johnson N Kemp,B N Kemp,R Y Lamutt N Lee Y Levetan N Me V Bremen Y Moody N Mullis Y Price Y Reed Y Seabaugh

N Seay Y Shafer N Smith,F N Smith,P N Squires Y Starr Y Stephens E Stokes N Tanksley N Tate
Thomas,D E Thomas,N N Thomas,R Y Thompson E Tolleson E Unterman N Williams
Zamarripa

On the motion, the yeas were 17, nays 31; the motion lost, and HB 648 was not placed on the Table.

Senator Kemp of the 46th reoffered his amendment # 2 to the committee substitute to HB 648.

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
Brush N Bulloch

N Harbison N Harp N Henson Y Hill N Hooks Y Hudgens Y Jackson

N Seay Y Shafer N Smith,F Y Smith,P N Squires Y Starr Y Stephens

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N Butler Y Cagle N Cheeks Y Clay N Collins E Crotts Y Dean N Fort Y Gillis N Golden N Hall Y Hamrick

Y Johnson Y Kemp,B N Kemp,R Y Lamutt N Lee N Levetan N Me V Bremen Y Moody N Mullis Y Price Y Reed N Seabaugh

E Stokes N Tanksley N Tate N Thomas,D E Thomas,N N Thomas,R Y Thompson E Tolleson E Unterman N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 23, nays 27, and the Kemp of the 46th, et al. amendment # 2 was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman N Balfour N Blitch N Bowen Y Brown Y Brush Y Bulloch Y Butler N Cagle Y Cheeks N 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 N Jackson N Johnson N 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 N Shafer Y Smith,F Y Smith,P Y Squires N Starr N Stephens E Stokes Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R N Thompson E Tolleson E Unterman Y Williams N Zamarripa

On the passage of the bill, the yeas were 35, nays 16.

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WEDNESDAY, APRIL 7, 2004

3177

HB 648, having received the requisite constitutional majority, was passed.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House:

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.

Mr. President:

The House has disagreed to the Senate amendment to the following Bill of the House:

HB 846.

By Representatives Skipper of the 116th, Buck of the 112th, Porter of the 119th, Orrock of the 51st and Westmoreland of the 86th:

A BILL to amend the Official Code of Georgia Annotated so as to change references to certain committees of the Georgia Senate and House of Representatives in the Official Code of Georgia Annotated to conform such references to committee names as adopted by resolution by the Georgia Senate and the House of Representatives, respectively; to provide for editorial revision; and for other purposes.

The following bill was taken up to consider House action thereto:

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 Reserve Ratio; and for other purposes.

The House amendment was as follows:

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JOURNAL OF THE SENATE

Amend the Senate Insurance and Labor Committee substitute to HB 1555 (LC 28 1782S) by inserting after "period;" on line 3 on page 1 "to provide a definition;".

By redesignating Sections 2 through 4 as Sections 3 through 5, respectively.

By inserting after line 4 on page 2 the following:

"SECTION 2. Said chapter is further amended by striking Code Section 34-8-24, relating to the definition of bona fide in the labor market, and inserting in lieu thereof a new Code Section 34-8-24 to read as follows:
'34-8-24. As used in this chapter, the term "bona fide in the labor market" means that any person claiming benefits under this chapter must be available for full-time employment, as that term is generally understood in the trade or work classification involved, without regard to prior work restrictions, provided that for any person claiming benefits under this chapter whose claim is based predominately on wages earned through part-time employment, the term "bona fide in the labor market" means that the person claiming benefits must be available for part-time employment.'"

Senator Lamutt of the 21st asked unanimous consent that the Senate disagree to the House amendment to the Senate substitute to HB 1555.

Senator Tanksley of the 32nd moved that the Senate agree to the House amendment to the Senate substitute to HB 1555.

On the motion to agree which takes precedence, a roll call was taken and the vote was as follows:

Y Adelman N Balfour N Blitch
Bowen Y Brown N Brush N Bulloch Y Butler N Cagle N Cheeks N Clay N Collins E Crotts Y Dean

Y Harbison N Harp Y Henson N Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee Y Levetan Y Me V Bremen

Y Seay N Shafer Y Smith,F N Smith,P Y Squires Y Starr N Stephens E Stokes Y Tanksley Y Tate N Thomas,D E Thomas,N Y Thomas,R Y Thompson

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WEDNESDAY, APRIL 7, 2004

3179

Y Fort N Gillis N Golden N Hall N Hamrick

N Moody N Mullis N Price Y Reed N Seabaugh

N Tolleson N Unterman N Williams Y Zamarripa

On the motion, the yeas were 22, nays 30; the motion lost, and the Senate did not agree to the House amendment to the Senate substitute to HB 1555.

Senator Lamutt of the 21st asked unanimous consent that the Senate disagree to the House amendment to the Senate substitute to HB 1555.

The consent was granted, and the Senate disagreed to the House amendment to the Senate substitute to HB 1555.

The following messages were 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 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 House has agreed to the Senate substitutes to the following Bills of the House:
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.

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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.
The House has agreed to the Senate amendments, as amended by the House, to the following Bills of the House:
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 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.
Mr. President:
The House has agreed to the Senate substitute to the following Bill of the House:

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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.
The House has agreed to the Senate amendment to the following Bill of the House:
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.
Senator Cagle of the 49th recognized Senator Robert Lamutt of the 21st, commended by SR 1092, adopted previously. Senator Lamutt addressed the Senate briefly.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendment, to the House amendment, to the Senate substitute, as amended by the House, to the following Bill of the House:
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.
Senator Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on Thursday, April 1, 2004, be taken from the Table:

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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.

Senate Sponsor: Senator Unterman of the 45th.

The consent was granted, and HB 1414 was taken from the Table.

Pursuant to Senate Rule 111, HB 1414, having been taken from the Table was put upon its passage.

The Senate State and Local Governmental Operations Committee offered the following amendment:

Amend HB 1414 by striking lines 4 and 5 on page 2 and inserting in lieu thereof the following:
"This Act shall become effective on July 1, 2004."

On the adoption of the amendment, the yeas were 36, nays 0, and the committee amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman 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
Henson E 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 E Stokes Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R

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Y Dean Y Fort
Gillis Y Golden Y Hall Y Hamrick

Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

HB 1414, having received the requisite constitutional majority, was passed as amended.

Senator Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on Thursday, April 1, 2004, be taken from the Table:

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.

Senate Sponsor: Senator Squires of the 5th.

The consent was granted, and HB 1431 was taken from the Table.

Pursuant to Senate Rule 111, HB 1431, having been taken from the Table was put upon its passage.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle

Y Harbison Y Harp
Henson E Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens E Stokes Y Tanksley

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Y Cheeks Y Clay Y Collins E Crotts
Dean Fort Gillis Golden Y Hall Y Hamrick

Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Tate Y Thomas,D E Thomas,N
Thomas,R Thompson Y Tolleson Y Unterman Y Williams Zamarripa

On the passage of the bill, the yeas were 44, nays 0.

HB 1431, having received the requisite constitutional majority, was passed.

Senator Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on Thursday, April 1, 2004, be taken from the Table:

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.

Senate Sponsor: Senator Smith of the 52nd.

The consent was granted, and HB 1512 was taken from the Table.

Pursuant to Senate Rule 111, HB 1512, having been taken from the Table was put upon its passage.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch

Y Harbison Y Harp Y Henson

Y Seay Y Shafer Y Smith,F

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Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins E Crotts Y Dean
Fort Gillis Golden Y Hall Y Hamrick

E Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh

Y Smith,P Squires
Y Starr Y Stephens E Stokes Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R
Thompson Y Tolleson Y Unterman
Williams Zamarripa

On the passage of the bill, the yeas were 44, nays 1.

HB 1512, having received the requisite constitutional majority, was passed.

Senator Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on Thursday, April 1, 2004, be taken from the Table:

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.

Senate Sponsor: Senator Reed of the 35th.

The consent was granted, and HB 1568 was taken from the Table.

Pursuant to Senate Rule 111, HB 1568, having been taken from the Table was put upon its passage.

Senator Balfour of the 9th offered the following amendment:

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Amend HB 1568 by inserting on line 5 of page 1, following the Code section designation and symbol "47-2-110;", the following:
"to provide an effective date;".

By inserting immediately following line 17 of page 1 the following: "This Act shall become effective on July 1, 2005.

SECTION 3."

On the adoption of the amendment, the yeas were 36, nays 2, and the Balfour amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins E Crotts Y Dean Y Fort
Gillis E Golden Y Hall Y Hamrick

Y Harbison Y Harp Y Henson E Hill Y Hooks Y Hudgens
Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis
Price Y Reed Y Seabaugh

Y Seay Y Shafer
Smith,F Y Smith,P
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 45, nays 0.

HB 1568, having received the requisite constitutional majority, was passed as amended.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

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Mr. President:

The House has adopted by the requisite constitutional majority the following Resolution of the House:

HR 1935.

By Representatives Mitchell of the 61st, Post 3, Smyre of the 111th, Hugley of the 113th, Stanley-Turner of the 43rd, Post 2, Anderson of the 100th and others:

A RESOLUTION recognizing and supporting "Take a Loved One to the Doctor Day"; and for other purposes.

The House insists on its position in substituting the following Bill of the Senate:

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.

The House has agreed to the Senate amendments to the following Bill of the House:

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.

Senator Johnson of the 1st asked unanimous consent that Senator Williams of the 19th be excused. The consent was granted, and Senator Williams was excused.

Senator Balfour of the 9th asked unanimous consent that the following bill, having been placed on the Table on Thursday, April 1, 2004, be taken from the Table:

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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.
Senate Sponsor: Senator Hamrick of the 30th.
The consent was granted, and HB 1582 was taken from the Table.

Pursuant to Senate Rule 111, HB 1582, having been taken from the Table was put upon its passage.
Senators Cheeks of the 23rd and Hall of the 22nd offered the following amendment:
Amend HB 1582 by inserting on line 1 of page 1, following the words "To amend", the following:
"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; to amend". By inserting immediately following line 6 of page 1 the following: "Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch of state government, is amended by inserting at the end of Code Section 50-4-5, relating to notice of privatization contracts, and Code Section 50-4-6, relating to other requirements for privatization contracts, new subsections designated (d) and (c), respectively, both to read as follows:
"The provisions of this Code section shall be mandatory and binding with respect to its subject matter. Any contract entered into in violation of this Code section shall be void in its entirety. The only exception to this Code section shall be an emergency exception as otherwise provided in this Code section. The emergency exception specified in this subsection shall apply only if there exists an imminent peril to person or property which can be avoided only through noncompliance with this Code section; and in order for this exception to apply the Governor must by executive order make a prior written finding to such effect. Such executive order shall recite with particularity the specific facts of such imminent peril, such as, for example: (1) a specific substantial likelihood that specific persons will suffer adverse risks to their health or physical safety if the contract is not entered into without compliance; or (2) a specific substantial likelihood that specific property of the state or specific persons

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will be damaged, destroyed, or lost if the contract is not entered into without compliance.
SECTION 1A."
Senator Shafer of the 48th requested a ruling of the Chair as to the germaneness of the amendment.

The President ruled the amendment not germane.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins E Crotts Y Dean
Fort Y Gillis E Golden Y Hall Y Hamrick

Y Harbison Y Harp Y Henson E Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee
Levetan Y Me V Bremen Y Moody Y Mullis
Price Reed Y Seabaugh

Y Seay Y Shafer
Smith,F Smith,P Y Squires Y Starr Y Stephens E Stokes Y Tanksley Y Tate Y Thomas,D E Thomas,N Thomas,R Y Thompson Y Tolleson Y Unterman E Williams Y Zamarripa

On the passage of the bill, the yeas were 42, nays 0.

HB 1582, having received the requisite constitutional majority, was passed.

The following bill was taken up to consider House action thereto:

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HB 846. By Representatives Skipper of the 116th, Buck of the 112th, Porter of the 119th, Orrock of the 51st and Westmoreland of the 86th:

A BILL to amend the Official Code of Georgia Annotated so as to change references to certain committees of the Georgia Senate and House of Representatives in the Official Code of Georgia Annotated to conform such references to committee names as adopted by resolution by the Georgia Senate and the House of Representatives, respectively; to provide for editorial revision; and for other purposes.

Senator Balfour of the 9th asked unanimous consent that the Senate insist on its amendment # 1 to HB 846 and recede from its amendment # 2 to HB 846.

The consent was granted, and the Senate insisted on its amendment # 1 to HB 846 and receded from its amendment # 2 to HB 846.

The following bill was taken up to consider the Conference Committee Report 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 Conference Committee Report was as follows:

The Committee of Conference on HB 709 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 709 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Cagle of the 49th /s/ Senator Johnson of the 1st /s/ Senator Reed of the 35th

/s/ Representative Ashe of the 42nd, Post 2 /s/ Representative Royal of the 140th /s/ Representative Stanley-Turner of the 43rd, Post 2

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COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 709
A BILL TO BE ENTITLED AN ACT
To amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to enact the "State and Local Taxation, Financing, and Service Delivery Revision Act of 2004"; to provide for a short title; to provide for the comprehensive revision of provisions relating to state and local taxation, financing, and service delivery; 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 certain related organizations; to change certain provisions regarding the homestead exemption by qualified disabled veterans, filing requirements, periodic substantiation of eligibility, and persons eligible without application; 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 additional procedures, conditions, and limitations with respect to certain water and sewer projects or costs with respect to the special county 1 percent sales and use tax; to provide for the levy and collection of a municipal water and sewer projects or costs 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 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; to provide for definitions; to provide for the rate and manner of imposition of such tax; to provide for collection and administration of such tax; to provide for the issuance of general obligation debt for certain projects; to provide for use of the proceeds of such tax; to provide for returns; to provide for distribution and expenditure of proceeds; to change certain provisions regarding annexation; to change certain provisions regarding land use classification objections; to require annual publication of certain information regarding collection and expenditure of the proceeds of

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the special purpose 1 percent sales and use tax; to exempt from ad valorem taxation certain motor vehicles owned by persons who have been awarded the Medal of Honor; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "State and Local Taxation, Financing, and Service Delivery Revision Act of 2004."
SECTION 2. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by striking paragraph (1) of Code Section 28-6-3, relating to functions of the Georgia Commission on Interstate Cooperation, and inserting in its place a new paragraph (1) to read as follows:
"(1) Carry forward the participation of this state as a member of the Council of State Governments and of the Southern Legislative Conference;"
SECTION 3. Said title is further amended by striking Code Section 28-6-7, relating to the status of the Council of State Governments, and inserting in its place a new Code Section 28-6-7 to read as follows:
"28-6-7. The Council of State Governments, the Council of State Governments - Clairmont Road, L. L. C. (of which the Council of State Governments is the sole member), and the Southern Legislative Conference are each is declared to be a joint governmental agency of this state and of the other states which cooperate through it."
SECTION 4. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-5-48, relating to homestead exemption by qualified disabled veterans, filing requirements, periodic substantiation of eligibility, and persons eligible without application, by striking in their entirety subsections (b) and (c) and inserting in lieu thereof the following:
"(b) Any disabled veteran as defined in any paragraph of subsection (a) of this Code section who is a citizen and resident of Georgia is granted an exemption of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended, on his or her homestead which such veteran owns and actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for state, county, municipal, and school purposes. As of January 1, 1999 2004, the maximum amount

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which may be granted to a disabled veteran under the above-stated federal law is $43,000.00 $50,000.00. The value of all property in excess of the exempted amount cited above shall remain subject to taxation. The unremarried surviving spouse or minor children of any such disabled veteran as defined in this Code section shall also be entitled to an exemption of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended, on the homestead so long as the unremarried surviving spouse or minor children continue actually to occupy the home as a residence and homestead, such exemption being from all ad valorem taxation for state, county, municipal, and school purposes. As of January 1, 1999 2004, the maximum amount which may be granted to the unremarried surviving spouse or minor children of any such disabled veteran under the above-stated federal law is $43,000.00 $50,000.00. The value of all property in excess of such exemption granted to such unremarried surviving spouse or minor children shall remain subject to taxation.
(c)(1) Any disabled veteran qualifying pursuant to paragraph (1) or (2) of subsection (a) of this Code section for the homestead exemption provided for in this Code section shall file with the tax commissioner or tax receiver a letter from the Department of Veterans Affairs or the Department of Veterans Service stating the qualifying disability. (2) Any disabled veteran qualifying pursuant to paragraph (3) of subsection (a) of this Code section for the homestead exemption provided for in this Code section shall file with the tax commissioner or tax receiver a copy of his DD form 214 (discharge papers from his military records) along with a letter from a doctor who is licensed to practice medicine in this state stating that he is disabled due to loss or loss of use of both lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; due to blindness in both eyes, having only light perception, together with the loss or loss of use of one lower extremity; or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair. Prior to approval of an exemption, a county board of tax assessors may require the applicant to provide not more than two additional doctors letters if the board is in doubt as to the applicants eligibility for the exemption. (3) Any disabled veteran qualifying pursuant to paragraph (4) of subsection (a) of this Code section for the homestead exemption provided for in this Code section shall file with the tax commissioner or tax receiver a letter from a doctor who is licensed to practice medicine in this state stating the qualifying disability. Prior to approval of an exemption, a county board of tax assessors may require the applicant to provide not more than two additional doctors letters if the board is in doubt as to the applicants eligibility for the exemption. (4) Any disabled veteran qualifying pursuant to paragraph (5) of subsection (a) of this Code section for the homestead exemption provided for in this Code section shall file with the tax commissioner or tax receiver a letter from the Department of Veterans

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Affairs or the Department of Veterans Service stating the eligibility for such housing assistance."
SECTION 5. Said title is further amended by striking subsections (b) and (c) of Code Section 48-8-6, relating to limitations on the maximum amount of local sales and use taxes, and inserting in their place new subsections (b), (c), and (d) 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; (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 in whole or in part 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 water and sewer projects and costs as defined under paragraph (3) of Code Section 48-8-200, or any combination thereof and with respect to which the county has entered into an intergovernmental contract with a municipality, in which the average waste-water system flow of such municipality is not less than 85 million gallons per day, allocating proceeds to such municipality to be used solely for water and sewer projects and costs as defined under paragraph (3) of Code Section 48-8-200. The exception provided for under this paragraph shall apply only during the period the tax under said subparagraph (a)(1)(D) is in effect. The exception provided for under this paragraph shall not apply in any county in which a tax is being imposed under Article 2A of this chapter; (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; (4) A sales and use tax levied under Article 4 of this chapter. 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

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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 Reserved; and (2) The sale of motor vehicles. (d) Where the exception specified in paragraph (2) of subsection (b) of this Code section applies, on and after July 1, 2007, the aggregate amount of all excise taxes imposed under paragraph (5) of subsection (a) of Code Section 48-13-51 and all sales and use taxes shall not exceed 14 percent."
SECTION 6. Said title is further amended by adding a new Code section immediately following Code Section 48-8-95, to be designated Code Section 48-8-96, to read as follows:
"48-8-96. (a) With respect to any consolidated government created by the consolidation of a county and one or more municipalities 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?'
(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

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(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 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."

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SECTION 7. Said title is further amended by adding a new article at the end of Chapter 8, 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) 'Dealer' means a dealer as defined in paragraph (3) of Code Section 48-8-2. (3) 'Municipality' means a municipality in which the average waste-water flow of such municipality is not less than 85 million gallons per day. (4) 'Water and sewer projects and costs' means:
(A) Any capital outlay project or projects for the development, storage, treatment, purification, or distribution of water; (B) Any capital outlay project or projects for storm-water and sewage collection and disposal systems;
(C)(i)With respect to any project or projects provided for under subparagraph (A) or (B) of this paragraph:
(I) Any cost of project or cost of any project as defined under paragraph (3) of Code Section 50-23-4; and (II) Any maintenance and operation costs. (ii) In no event shall any expenditure of tax proceeds pursuant to this subparagraph exceed annually an amount equal to the annual debt service payments of such municipality with respect to revenue bond indebtedness incurred for drinking water projects and storm-water and sewage collection and disposal projects; or (D) Any combination of any of the foregoing.
48-8-201. (a)(1) In any county in which the provisions of paragraph (2) of subsection (b) of Code Section 48-8-6 will be applicable if the tax under Part 1 of Article 3 of this chapter is imposed pursuant to subparagraph (a)(1)(D) of Code Section 48-8-111 in whole or in part 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, the governing authority of a municipality, the majority of which is located wholly or partially in such county, may deliver or mail a written copy of a resolution of such municipal governing authority calling for the imposition by the county of the tax under Part 1 of Article 3 of this chapter pursuant to subparagraph (a)(1)(D) of Code Section 48-8-111 in whole or in part for the purpose or purposes of a water capital outlay project or projects, a sewer

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capital outlay project or projects, a water and sewer capital outlay project or projects, water and sewer projects and costs, or any combination thereof. (2) Within ten days following the date of delivery of such resolution to the governing authority of such county, the governing authorities of such county and municipality may enter into an intergovernmental contract as authorized by Article IX, Section III of the Constitution which shall specify the allocation of the proceeds of the tax between such county and municipality according to the ratio the population of such municipality bears to the population of such county according to the United States decennial census of 2000 or any future such census so that such municipalitys share of the total net proceeds shall be the percentage of the total population of such municipality divided by the total population of such county. Such intergovernmental contract shall specify that the proceeds allocated to the municipality shall only be expanded for water and sewer projects and costs. (3) Immediately following the entering into of the intergovernmental contract under paragraph (2) of this subsection, the governing authority of such county may select the next practicable date authorized under Code Section 21-2-540 for conducting a special election on the question of imposing such tax under Part 1 of Article 3 of this chapter. The governing authority of such county shall notify the county election superintendent by forwarding to the superintendent a copy of the resolution of the governing authority of such municipality calling for the imposition of the tax in such county. Following receipt of the resolution, the election superintendent shall issue the appropriate call for an election for the purpose of submitting the question of the imposition of the tax to the voters of such county in the manner specified in Code Section 48-8-111. If approved in such referendum, the tax shall be levied and imposed as provided in this Code section and Part 1 of Article 3 of this chapter. (b) If the governing authority of the county takes no action under paragraph (2) or (3) of subsection (a) of this Code section, it shall provide notice thereof by resolution to the governing authority of the municipality not later than ten days following the date of delivery of such municipalitys resolution to the county under subsection (a) of this Code section. Upon receipt by the governing authority of the municipality of such county resolution or if timely notice of no action is not provided by the governing authority of the county to the governing authority of the municipality or if the county referendum is conducted but is not approved by the voters, the governing authority of any municipality in this state may, subject to the requirement of referendum approval and the other requirements of this article, immediately commence proceedings to seek to impose within the municipality a special sales and use tax for a limited period of time for the purpose of funding water and sewer projects and costs. Any tax imposed under this article shall be at the rate of 1 percent. 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. (c) In the event a tax imposed under this article is imposed only by the municipality: (1) 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

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under this article shall apply to: (A) Sales of motor fuels as that term is defined by Code Section 48-9-2; (B) The sale of food and beverages as provided for in division (57)(D)(i) of Code Section 48-8-3; (C) The sale of natural or artificial gas used directly in the production of electricity which is subsequently sold, notwithstanding paragraph (70) of Code Section 48-8-3; and (D) 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) A tax imposed under this article shall not apply to the sale of motor vehicles. (d) On and after July 1, 2007, the aggregate amount of all excise taxes imposed under paragraph (5) of subsection (a) of Code Section 48-13-51 and all sales and use taxes shall not exceed 14 percent.
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 four years; (2) The aggregate maximum cost of the project or projects and maintenance and operation costs which will be funded from the proceeds of the tax, which aggregate 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

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interest the debt will bear, and the amount of principal to be paid in each year during 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

water and sewer projects and costs?'

(2) If debt is to be issued, the ballot shall also have written or printed thereon,

following the language specified by paragraph (1) of this subsection, the following:

'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of ___________ in the principal amount of $___________ for the above purpose.' (d) All persons desiring to vote in favor of imposing the tax shall vote 'Yes' and all persons opposed to levying the tax shall vote 'No.' If more than one-half of the votes cast are in favor of imposing the tax, then the tax shall be imposed as provided in this article; otherwise, the tax shall not be imposed and the question of imposing the tax

shall not again be submitted to the voters of the municipality until after 12 months

immediately following the month in which the election was held; provided, however,

that if an election date authorized under Code Section 21-2-540 occurs during the

twelfth month immediately following the month in which such election was held, the

question of imposing the tax may be submitted to the voters of the municipality on such

date. The municipal election superintendent shall hold and conduct the election under

the same rules and regulations as govern special elections. The municipal election

superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from municipal funds.
(e)(1) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the

Constitution is given to the proper officers of the municipality; otherwise such debt

shall not be issued. If the authority to issue such debt is so approved by the voters,

then such debt may be issued without further approval by the voters.

(2) If the issuance of general obligation debt is included and approved as provided in

this Code section, then the governing authority of the municipality may incur such

debt either through the issuance and validation of general obligation bonds or through

the execution of a promissory note or notes or other instrument or instruments. If such

debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title

36 except as specifically provided otherwise in this article. If such debt is incurred through the execution of a promissory note or notes or other instrument or

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instruments, no validation proceedings shall be necessary and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this article. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the municipality from the tax authorized by this article. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the municipality; and any liability on such debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the municipality.
48-8-203. (a)(1) If the imposition of the tax is approved by referendum, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 70 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 a 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 such reimposition shall not be conducted more than two times; shall be in the same manner as proceedings for the initial imposition of the tax as provided for in Code Section 48-8-202 and shall be solely within the discretion of the governing authority of the municipality without regard to any requirement of county participation

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otherwise specified under subsection (a) of Code Section 48-8-201. Such 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 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 which has been renewed two times under paragraph (2) of this subsection, a municipality shall not be authorized to initiate proceedings for the reimposition of a tax under this article or to reimpose 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. 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

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(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.
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 2 of this chapter, if applicable, then against the tax levied under Article 3 of this chapter, if applicable, then against the tax levied under Article 2A 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.
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.

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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) Water and sewer projects and costs; (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 water and sewer projects and costs. 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 water and sewer project and cost for which the proceeds of the tax are used. In each annual audit a schedule shall be included which shows for each ongoing such 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 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

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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 water and sewer projects 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 8. Said title is further amended by striking Code Section 48-8-110, relating to authorization for the levy of the special county sales and use tax, and inserting in lieu thereof the following:
"48-8-110. As used in this part, the term:
(1) 'Capital outlay project' means major, permanent, or long-lived improvements or betterments, such as land and structures, such as would be properly chargeable to a capital asset account and as distinguished from current expenditures and ordinary maintenance expenses. Such term shall include, but not be limited to, roads, streets, bridges, police cars, fire trucks, ambulances, garbage trucks, and other major equipment. (2) 'County-wide project' means a capital outlay project or projects as defined in paragraph (1) of this Code section of the county for the use or benefit of the citizens of the entire county and is further defined as follows:

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(A) 'Level one county-wide project' means a county-wide project or projects of the county to carry out functions on behalf of the state and is limited to a county courthouse; a county administrative building primarily for county constitutional officers or elected officials; a county or regional jail, correctional institution, or other detention facility; a county health department facility; or any combination of such projects; and (B) 'Level two county-wide project' means a county-wide project or projects of the county or one or more municipalities, other than a level one county-wide project, which project or projects are to be owned or operated or both either by the county, one or more municipalities, or any combination thereof. (3) 'Intergovernmental agreement' means a contract entered into pursuant to Article XI, Section III, Paragraph I of the Constitution between a county and one or more qualified municipalities located within the special district containing a combined total of no less than 50 percent of the aggregate municipal population located within the special district. (4) 'Qualified municipality' means only those incorporated municipalities which provide at least three of the following services, either directly or by contract: (A) Law enforcement; (B) Fire protection (which may be furnished by a volunteer fire force) and fire safety; (C) Road and street construction or maintenance; (D) Solid waste management; (E) Water supply or distribution or both; (F) Waste-water treatment; (G) Storm-water collection and disposal; (H) Electric or gas utility services; (I) Enforcement of building, housing, plumbing, and electrical codes and other similar codes; (J) Planning and zoning; (K) Recreational facilities; or (L) Library.
48-8-110. 48-8-110.1. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, there are created within this state 159 special districts. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of the 159 special districts. (b) When the imposition of a special district sales and use tax is authorized according to the procedures provided in this part within a special district, the The governing authority of any county in this state may, subject to the requirement of referendum approval and the other requirements of this article part, impose within the county special district a special sales and use tax for a limited period of time which tax shall be known as the county special purpose local option sales tax.

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(c) Any tax imposed under this article part shall be at the rate of 1 percent. Except as to rate, a tax imposed under this article part 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 part, except that a tax imposed under this article part 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."
SECTION 9. Said title is further amended by striking Code Section 48-8-111, relating to procedures for imposition of the special county sales and use tax, and inserting in its place a new Code Section 48-8-111 to read as follows:
"48-8-111. (a) Prior to the issuance of the call for the referendum and prior to the vote of a county governing authority within a special district to impose the tax under this article part, such governing authority may enter into an intergovernmental agreement with any or all of the qualified municipalities within the special district. Any county that desires to have a tax under this part levied within the special district shall deliver or mail a written notice to the mayor or chief elected official in each qualified municipality located within the county special district. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authorities of the county and of each qualified municipality are to meet to discuss the possible projects for inclusion in the referendum, including municipally owned or operated projects. The notice shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call for the referendum. Following such meeting, a county the governing authority of the county within the special district voting to impose the tax authorized by this article part shall notify the county election superintendent by forwarding to the superintendent a copy of the resolution or ordinance of the governing authority calling for the imposition of the tax. Such ordinance or resolution shall specify eligible expenditures identified by the county and any qualified municipality for use of proceeds distributed pursuant to subsection (b) of Code Section 48-8-115. Such ordinance or resolution shall also specify:
(1) The purpose or purposes for which the proceeds of the tax are to be used and may be expended, which purpose or purposes may consist of capital outlay projects located within or outside, or both within and outside, any incorporated areas in the county in the special district or outside the county, as authorized by subparagraph (B) of this paragraph for regional facilities, and which may include any of the following purposes:
(A) A capital outlay project consisting of road Road, street, and bridge purposes, which purposes may include sidewalks and bicycle paths; (B) A capital outlay project or projects of the county for the use of or the benefit of the citizens of the entire county in the special district and consisting of a county courthouse; county administrative buildings; a civic center; a county local or

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regional jail, correctional institution, or other detention facility; a county library; a coliseum; local or regional solid waste handling facilities as defined under paragraph (27.1) or (35) of Code Section 12-8-22, as amended, excluding any solid waste thermal treatment technology facility, including, but not limited to, any facility for purposes of incineration or waste to energy direct conversion; local or regional recovered materials processing facilities as defined under paragraph (26) of Code Section 12-8-22, as amended; or any combination of such projects; (C) A capital outlay project or projects which will be operated by a joint authority or authorities of the county and one or more qualified municipalities within the county and which will be for the use of or benefit of the citizens of the county and the citizens of one or more municipalities within the county special district; (D) A capital outlay project or projects, to be owned or operated or both either by the county, one or more qualified municipalities within the special district, one or more local authorities within the special district, or any combination thereof, with respect to which the such county has, prior to the call of the election, entered into a contract or agreement, as authorized by Article IX, Section III of the Constitution, with one or more municipalities in the county, which municipality or municipalities contain more than one-half of the aggregate population of all municipalities within the county; and, for purposes of determining the population of a municipality under this subparagraph, only that portion of the population of each municipality which is within the county shall be included; (E) A capital outlay project consisting of a cultural facility, a recreational facility, or a historic facility (or a facility for some combination of such purposes); (F) A water capital outlay project, a sewer capital outlay project, a water and sewer capital outlay project, or a combination of such projects, to be owned or operated or both by a county water and sewer district and one or more qualified municipalities in the county, with respect to which the county has, prior to the call of the election, entered into a contract or agreement, as authorized by Article IX, Section III of the Constitution; and when the tax is imposed pursuant to this subparagraph the proceeds of the tax shall be allocated between the water and sewer district and the municipality or municipalities based upon the population of the municipality or municipalities, according to the United States decennial census of 1980 or any future such census, over the population of the county, according to the United States decennial census of 1980 or any future such census, with such allocation to be specified in the contract or agreement relating to the capital outlay facility or facilities; (G) The retirement of previously incurred general obligation debt of the county, one or more qualified municipalities within the special district, or any combination thereof other than general obligation debt incurred for road, street, or bridge purposes, if such previously incurred general obligation debt was incurred for project or projects of a type for which new general obligation debt may be incurred under this article; (H) A capital outlay project or projects of the county for the use of and benefit of

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the citizens of the entire county within the special district and consisting of public safety facilities, airport facilities, or related capital equipment used in the operation of public safety or airport facilities, or any combination of such purposes; (I) A capital outlay project or projects, to be owned or operated or both, either by the county, one or more municipalities, or any combination thereof, within the special district, consisting of capital equipment for use in voting in official elections or referendums with such county or municipality; (J) A capital outlay project or projects of the county for the use and benefit of the citizens of the entire county and within the special district consisting of any transportation facility designed for the transportation of people or goods, including but not limited to railroads, port and harbor facilities, mass transportation facilities, or any combination thereof; (K) A capital outlay project or projects for the use and benefit of the citizens of the entire county within the special district and consisting of a hospital or hospital facilities that are owned by a county, a qualified municipality, or a hospital authority within the special district and operated by the such county, municipality, or hospital authority or by an organization which is tax exempt under Section 501(c)(3) of the Internal Revenue Code, which operates the hospital through a contract or lease with the such county, municipality, or hospital authority; or (L) Any combination of two or more of the foregoing; (2) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years, unless the provisions of paragraph (1) of subsection (b) or subparagraph (b)(2)(A) of Code Section 48-8-115 are applicable, in which case the maximum period of time for which the tax may be levied shall not exceed six years; (3) The maximum estimated cost of the project or projects which will be funded from the proceeds of the tax, which maximum estimated cost shall also be the maximum estimated amount of net proceeds to be raised by the tax, unless the provisions of paragraph (1) of subsection (b) or subparagraph (b)(2)(A) of Code Section 48-8-115 are applicable, in which case the final day of the tax shall be based upon the length of time for which the tax was authorized to be levied by the referendum; and (4) If general obligation debt is to be issued in conjunction with the imposition of the tax, as authorized by this article in cases where the tax is imposed other than in whole for road, street, and bridge purposes, the principal amount of the debt to be issued, the purpose for which the debt is to be issued, the local government issuing the debt, the other than for road, street, and bridge purposes, 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. (a.1) For purposes of subsection (a) of this Code section, a 'capital outlay project' means major, permanent, or long-lived improvements or betterments, such as land and structures, such as would be properly chargeable to a capital asset account and as distinguished from current expenditures and ordinary maintenance expenses. Such term shall include, but not be limited to, police cars, fire trucks, ambulances, garbage trucks, and other major equipment.

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(b) Upon receipt of the resolution or ordinance, the 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 county within the special district. The 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 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 official organ of the county. If general obligation debt is to be issued by the county or any qualified municipality within the special district in conjunction with the imposition of the tax, the notice published by the election superintendent shall also include, in such form as may be specified by the county governing authority or the governing authority or authorities of the qualified municipalities imposing the tax within the special district, the principal amount of the debt, the purpose for which the debt is to be issued, 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 the life of the debt; and such publication of notice by the election superintendent shall take the place of the notice otherwise required by Code Section 36-80-11 or by subsection (b) of Code Section 36-82-1, which notice shall not be required. (c) If the tax is to be imposed solely for road, street, and bridge purposes, the ballot shall have written or printed thereon the following:

'( ) YES Shall a special 1 percent sales and use tax be imposed for road, street, and bridge purposes in ____________ County for a period of time not
( ) NO to exceed ______________ and for the raising of not more than $____________?'
(d)(c)(1) If the tax is to be imposed solely for purposes other than for road, street, and bridge purposes and if no debt is to be issued, the ballot The ballot submitting the question of the imposition of the tax authorized by this part to the voters of the county within the special district shall have written or printed thereon the following:

'( ) YES ( ) NO

Shall a special 1 percent sales and use tax be imposed in the special district of _______County for a period of time not to exceed _______ and for the raising of not more than an estimated amount of $_______ for the purpose of ____________?'

(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 _______ County in the principal amount of $_______ for the above purpose.' (3) If the tax is to be imposed in part for road, street, and bridge purposes and in part for other purposes, the ballot shall have written or printed thereon the following:

'( ) YES Shall a special 1 percent sales and use tax be imposed in _______ County for a period of time not to exceed _______ and for the raising

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( ) NO of not more than $_______ for the purpose of _______ and for road, street, and bridge purposes for a period of time not to exceed _______ and for the raising of not more than $_______?'
(4) If debt is to be issued for purposes other than road, street, and bridge purposes, the ballot shall also have written or printed thereon, following the language specified by paragraph (3) 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 __________ County in the principal amount of $__________ for the above purpose other than road, street, and bridge purposes.' (e)(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 part; otherwise the tax shall not be imposed and the question of imposing the tax shall not again be submitted to the voters of the county within the special district 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 county within the special district on such date. The election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The 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 county funds. (f)(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 or Article IX, Section V, Paragraph II of the Constitution is given to the proper officers of the county or qualified municipality within the special district issuing such debt; 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 county or qualified municipality within the special district issuing such debt 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 part. If such debt is incurred through the execution of a promissory note or notes or other instrument or 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

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article part. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the county or qualified municipality within the special district issuing such debt from the tax authorized by this article part. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the county or qualified municipality within the special district issuing such debt; and any liability on such debt which is not satisfied from the proceeds of the tax authorized by this article part shall be satisfied from the general funds of the county or qualified municipality within the special district issuing such debt. In no event shall any proceeds of a tax which is imposed pursuant to this article in whole or in part for road, street, or bridge purposes be used for payment of general obligation debt with respect to such road, street, and bridge purposes."
SECTION 10. Said title is further amended by striking subsection (c) of Code Section 48-8-111.1, relating to applicability of the special county sales and use tax to consolidated governments, and inserting in its place a new subsection (c) to read as follows:
"(c) A consolidated government shall be authorized to levy a tax for any capital outlay project provided for in subparagraphs (a)(1)(C), (a)(1)(D), and (a)(1)(F) of Code Section 48-8-111, or any combination thereof, without the necessity of operating such project jointly with a qualified municipal governing authority, owning or operating such projects with one or more qualified municipalities, or entering into a contract with one or more qualified municipalities with respect to such project."
SECTION 11. Said title is further amended by striking Code Section 48-8-112, relating to effective date, termination, limitation, and reimposition of the special county sales and use tax, and inserting in lieu thereof the following:
"48-8-112. (a) If the imposition of the tax is approved at the special election, 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. With respect to services which are regularly billed on a monthly basis, however, the resolution shall become effective with respect to and the tax shall apply to services billed on or after the effective date specified in the previous sentence. (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

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(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 county and qualified municipalities within the special district net proceeds equal to or greater than the amount specified as the maximum estimated amount of net proceeds to be raised by the tax, unless the provisions in paragraph (1) of subsection (b) or subparagraph (b)(2)(A) of Code Section 48-8-115 are applicable, in which case the final day of the tax shall be based upon the length of time for which the tax was authorized to be levied by the referendum. (c)(1) No county shall impose at At any time no more than a single 1 percent tax under this article part may be imposed within a special district. (2) A county in The governing authority of a county in a special district in which a tax authorized by this article part 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 part upon the termination of the tax then in effect; and a special election 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 county is unable to conduct a referendum so as to 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, part, the governing authority of a county within a special district may initiate proceedings for the reimposition of a tax under this article part in the same manner as provided in this article part for initial imposition of such tax. (d) Notwithstanding any other provision of this part to the contrary, if a county has imposed the tax authorized by this part which tax has become effective in the calendar quarter beginning October 1, 2003, for road, street, and bridge purposes; courthouse capital repair purposes; capital outlay hospital authority purposes; and other purposes, and unanticipated retail development occurs prior to the fourth year of the tax being in place which will cause the tax to terminate under paragraph (3) of subsection (b) of this Code section, then the provisions of this subsection shall apply. This subsection shall not apply until and unless the governing authority of the county adopts a resolution under this subsection which calls for the tax to continue to be collected for the maximum period of time originally specified for the imposition of the tax. A copy of such resolution shall, upon adoption, be transmitted to the commissioner. Upon the adoption of such resolution, the tax shall continue to be imposed for the same period of time as originally authorized without regard to the amount of revenue collected. The commissioner shall notify the county governing authority as of the end of the calendar quarter during which the commissioner makes the determination otherwise required under paragraph (3) of subsection (b) of this Code section. From the beginning of the

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immediately following calendar quarter until the final day of the maximum period of time specified for the imposition of the tax, the county shall only be authorized to use the proceeds collected from such tax for a county-wide project or projects or for a recreational facility or facilities and only pursuant to an intergovernmental agreement between such county and all municipalities, whether qualified municipalities or not, which were originally to receive a share of proceeds of such tax regarding such projects or facilities. This subsection shall stand repealed in its entirety on December 31, 2008."
SECTION 12. Said title is further amended by striking Code Section 48-8-113, relating to administration and collection of the special county sales and use tax by the state revenue commissioner, and inserting in its place a new Code Section 48-8-113 to read as follows:
"48-8-113. A tax levied pursuant to this article part shall be exclusively administered and collected by the commissioner for the use and benefit of the county and qualified municipalities within such special district 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 county and qualified municipalities within the special district 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."
SECTION 13. Said title is further amended by striking Code Section 48-8-115, relating to disbursement of proceeds of the special county sales and use tax, and inserting in its place a new Code Section 48-8-115 to read as follows:
"48-8-115. (a) The proceeds of the tax collected by the commissioner in each county within a special district under this article part 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; (2) Except for the percentage provided in paragraph (1) of this Code section, the remaining proceeds of the tax shall be distributed to the governing authority of the

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county within the special district imposing the tax as specified in subsection (b) of this Code section. (b) The county within the special district shall distribute any such proceeds as follows: (1) To the county governing authority and any qualified municipalities as specified in an intergovernmental agreement. Where an intergovernmental agreement has been entered into, the agreement shall, at a minimum, include the following:
(A) The specific capital outlay project or projects to be funded pursuant to the agreement; (B) The estimated or projected dollar amounts allocated for each project from tax proceeds from the tax authorized by this part; (C) The procedures for distributing proceeds from the tax authorized by this part to qualified municipalities; (D) A schedule for distributing proceeds from the tax authorized by this part to qualified municipalities which schedule shall include the priority or order in which projects will be fully or partially funded; (E) A provision that all capital outlay projects included in the agreement shall be funded from proceeds from the tax authorized by this part except as otherwise agreed; (F) A provision that proceeds from the tax authorized by this part shall be maintained in separate accounts and utilized exclusively for the specified purposes; (G) Record-keeping and audit procedures necessary to carry out the purposes of this part; and (H) Such other provisions as the county and participating municipalities choose to address; or (2) Where an intergovernmental agreement has not been entered into pursuant to paragraph (1) of this subsection, the county within the special district shall distribute the proceeds of the tax authorized by this part as follows:
(A)(i) To the governing authority of the county for one or more level one countywide projects specified by the governing authority of the county in the ordinance or resolution required by subsection (a) of Code Section 48-8-111; provided, however, that any tax levied under this part that funds level one county-wide projects where an intergovernmental agreement has not been entered into pursuant to paragraph (1) of this subsection shall be levied for a five-year period. In the event that any or all level one county-wide projects are estimated to cost an amount which exceeds the proceeds projected to be collected during a 24 month period of the levy of the tax, the tax shall be levied for a six-year period; or (ii) In the event that no level one county-wide project is included in the ordinance or resolution required by subsection (a) of Code Section 48-8-111, to the governing authority of the county for one or more level two county-wide projects specified by the governing authority of the county in the ordinance or resolution required by subsection (a) of Code Section 48-8-111. In the event no level one county-wide project is included in the ordinance or resolution required by subsection (a) of Code Section 48-8-111 and the governing authority of the county

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has specified one or more municipal projects as level two county-wide projects in the ordinance or resolution required by subsection (a) of Code Section 48-8-111, to the governing authority of the appropriate municipality or municipalities for such level two county-wide projects specified in the ordinance or resolution required by subsection (a) of Code Section 48-8-111. The total estimated cost of all level two county-wide projects specified under this division shall not exceed 20 percent of the proceeds projected to be collected during the period specified in the ordinance or resolution required by subsection (a) of Code Section 48-8-111; or (B) In the event that no county-wide project is included in the resolution or ordinance calling for the imposition of the tax or in the event that tax proceeds exceed that amount required to fund the county-wide project or projects, the remaining proceeds shall be distributed in the following manner: (i) As specified in an intergovernmental agreement other than the agreement specified in paragraph (1) of this subsection. The intergovernmental agreement shall include, at a minimum, the information required in paragraph (1) of this subsection; or (ii) To the qualified municipalities within the special district based upon the ratio that the population of each qualified municipality bears to the total population of the county within the special district. If any qualified municipality is located in more than one county, only that portion of its population that is within the special district shall be counted. The remainder of such proceeds shall be distributed to the governing authority of the county within the special district. Capital outlay projects included in the referendum ballot by the county or any qualified municipalities within the special district shall be based upon the anticipated proceeds and distribution of the tax. The governing authority of the county within the special district shall distribute all proceeds received by the county for the tax levied pursuant to this part to the qualified municipalities within the special district on a monthly basis where proceeds are distributed in accordance with this division."
SECTION 14. Said title is further amended by striking Code Section 48-8-120, relating to the effect of other local sales and use taxes on imposition of the special county sales and use tax, and inserting in its place a new Code Section 48-8-120 to read as follows:
"48-8-120. Except as provided in Code Section 48-8-6, the tax authorized by this article part shall be in addition to any other local sales and use tax. Except as provided in Code Section 48-8-6, the imposition of any other local sales and use tax within a county or qualified municipality within a special district shall not affect the authority of such a county to impose the tax authorized by this article part and the imposition of the tax authorized by this article part shall not affect the imposition of any otherwise authorized local sales and use tax within the county within the special district."

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SECTION 15. Said title is further amended by striking Code Section 48-8-121, relating to use of proceeds of the special county sales and use tax and issuance of general obligation debt, and inserting in lieu thereof the following:
"48-8-121. (a)(1) The proceeds received from the tax authorized by this article part shall be used by the county and qualified municipalities within the special district receiving proceeds of the sales and use tax exclusively for the purpose or purposes specified in the resolution or ordinance calling for imposition of the tax. Such proceeds shall be kept in a separate account from other funds of the such county and each qualified municipality receiving proceeds of the sales and use tax and shall not in any manner be commingled with other funds of the such county and each qualified municipality receiving proceeds of the sales and use tax prior to the expenditure. (2) The governing authority of the county and the governing authority of each qualified municipality within the special district receiving any proceeds from the tax pursuant to a contract with the county this part shall maintain a record of each and every project for which the proceeds of the tax are used. A schedule shall be included in each annual audit which shows for each such project in the resolution or ordinance calling for imposition of the tax 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. (3) Where the tax authorized by this article has been imposed prior to April 19, 1994, for a period of four years for road, street, and bridge purposes and five years for other purposes, this paragraph shall apply. When this paragraph applies, proceeds from any or all years of the five-year imposition period may be used for road, street, and bridge purposes and proceeds from any or all years of the five-year imposition period may be used for the other authorized purposes, so long as the total expenditures of the tax proceeds are consistent with the total expenditures provided for in the original resolution or ordinance calling for the imposition of the tax. In the event that a qualified municipality fails to comply with the requirements of this part, the county within the special district shall not be held liable for such noncompliance.
(b) If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are to be used in whole or in part for road, street, and bridge purposes, then authorized uses of the tax proceeds shall include acquisition of right of way for, construction of, and renovation and improvement of, including relocation of utilities for and improvement of surface water drainage from, roads, streets, bridges, sidewalks, and bicycle paths both within the unincorporated area of the county and within the incorporated areas of municipalities within the county. If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are

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to be used in whole or in part for road, street, and bridge purposes, then no part of the proceeds of the tax shall be used to retire general obligation debt with respect to such road, street, and bridge purposes.
(b)(1) If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are to be used in whole or in part for capital outlay projects consisting of road, street, and bridge purposes, then authorized uses of the tax proceeds shall include:
(A) Acquisition of rights of way for roads, streets, bridges, sidewalks, and bicycle paths; (B) Construction of roads, streets, bridges, sidewalks, and bicycle paths; (C) Renovation and improvement of roads, streets, bridges, sidewalks, and bicycle paths, including resurfacing; (D) Relocation of utilities for roads, streets, bridges, sidewalks, and bicycle paths; (E) Improvement of surface-water drainage from roads, streets, bridges, sidewalks, and bicycle paths; and (F) Patching, leveling, milling, widening, shoulder preparation, culvert repair, and other repairs necessary for the preservation of roads, streets, bridges, sidewalks, and bicycle paths. (2) Storm-water capital outlay projects and drainage capital outlay projects may be funded pursuant to subparagraph (a)(1)(D) of Code Section 48-8-111 or in conjunction with road, street, and bridge capital outlay projects. (c) No general obligation debt shall be issued in conjunction with the imposition of the tax authorized by this article when the tax is imposed in whole or in part for road, street, and bridge purposes with respect to such road, street, and bridge purposes. If the tax is imposed solely for purposes other than road, street, and bridge purposes or in part for road, street, and bridge purposes and in part for other purposes, then no No general obligation debt shall be issued in conjunction with the imposition of the tax unless the county governing authority of the county or qualified municipalities within special district issuing the debt 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 county or qualified municipalities within special district issuing such debt will receive from the tax authorized by this article part net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this article part shall be payable first from the separate account in which are placed the proceeds received by the county or qualified municipalities within the special district issuing such debt from the tax authorized by this article part. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the county or qualified municipalities within the special district issuing such debt; and any liability on said debt which is not satisfied from the proceeds of the tax authorized by this article part shall be satisfied from the general funds of the county or qualified municipalities within the special district issuing such debt. (d) The resolution or ordinance calling for imposition of the tax authorized by this article solely for purposes other than for road, street, and bridge purposes or in part for

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road, street, and bridge purposes and in part for other purposes part 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 with respect to purposes other than road, street, and bridge purposes. If the resolution or ordinance so provides, then such proceeds shall be used solely for such purpose except as provided in subsection (g) of this Code section. (e)(1) The resolution or ordinance calling for the imposition of the tax authorized by this article solely for purposes other than for road, street, and bridge purposes or in part for road, street, and bridge purposes and in part for other purposes part 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 with respect to purposes other than road, street, and bridge purposes. If the ordinance or resolution so provides, it shall specifically state the other purposes for which such proceeds will be used; and such other purposes shall be a part of the capital outlay project or projects for which the tax is to be imposed. In such a case no part of the net proceeds from the tax received in any year shall be used for such other 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.
(2) In no event shall any proceeds of general obligation debt issued pursuant to this article be used for road, street, or bridge purposes. (f) The resolution or ordinance calling for the imposition of the tax may specify that no general obligation debt is to be issued in conjunction with the imposition of the tax. If the ordinance or resolution so provides, it shall specifically state the purpose or purposes for which the proceeds will be used.
(g)(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 county or qualified municipality within the special district receives from the tax net proceeds in excess of the maximum estimated cost of the capital outlay project or projects stated in the resolution or ordinance calling for the imposition of the tax or in excess of the actual cost of such capital outlay 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 48-8-112 by reason of denial of validation of debt, then all net proceeds received by the county or qualified municipality within the special district from the tax shall be excess proceeds subject to paragraph (2) of this subsection. (2) Unless otherwise provided in this part or in an intergovernmental agreement entered into pursuant to this part, excess Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of the county within the special district other than indebtedness incurred pursuant to this article part. If

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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 county within the special district, it being the intent that any funds so paid into the general fund of the county be used for the purpose of reducing ad valorem taxes."
SECTION 16. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking subsection (c) of Code Section 36-36-2, regarding the effective date of annexation, and inserting in its place a new subsection (c) to read as follows:
"(c)(1) Where an independent school system exists within the boundaries of a municipality, other effective dates may be established by the municipality solely for the purpose of determining school enrollment. (2) Unless otherwise agreed in writing by a county governing authority and the municipal governing authority, where property zoned and used for commercial purposes is annexed into a municipality with an independent school system, the effective date for the purposes of ad valorem taxes levied for educational purposes shall be December 31 of the year after the year in which the requirements of Article 2, 3, or 4 of this chapter, whichever is applicable, have been met."
SECTION 17. Said title is further amended by striking Code section 36-36-6, relating to notice of proposed annexation, and inserting in its place a new Code Section 36-36-6 to read as follows:
"36-36-6. Upon accepting an application for annexation pursuant to Code Section 36-36-21 or a petition for annexation pursuant to Code Section 36-36-32, or upon adopting a resolution calling for an annexation referendum pursuant to Code Section 36-36-57, the governing authority of the annexing municipality shall within five business days give written notice of the proposed annexation to the governing authority of the county wherein the area proposed for annexation is located. Such notice shall include a map or other description of the site proposed to be annexed sufficient to identify the area. Where the proposed annexation is to be effected by a local Act of the General Assembly, a copy of the proposed legislation shall be provided by the governing authority of the municipality to the governing authority of the county in which the property proposed to be annexed is located following the receipt of such notice by the governing authority of the municipality under subsection (b) of Code Section 28-1-14."
SECTION 18. Said title is further amended by striking Code Section 36-36-11, relating to the effect of bona fide land use classification objections, and inserting in its place a new Code Section 36-36-11 to read as follows:
"36-36-11.

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(a) The intent of this Code section is to provide a mechanism to resolve disputes over land use arising out of the rezoning of property to a more intense land use in conjunction with or subsequent to annexation in order to facilitate coordinated planning between counties and municipalities particularly with respect to areas contiguous to municipal boundaries. (a)(b) As used in this Code section, the term 'bona fide land use classification objection' means an objection to a proposed change in land use which results in a substantial change in the intensity of the allowable use of the property or a change to a significantly different allowable use. (b) On or after July 1, 1998, an annexation shall not be effective until any bona fide land use classification objections raised by the county relative to the area to be annexed are resolved pursuant to the dispute resolution process required by subparagraph (C) of paragraph (4) of Code Section 36-70-24.
(1) When an initial zoning of property is sought pursuant to subsection (d) of Code Section 36-66-4 or when the rezoning of annexed property is sought within one year of the effective date of the annexation, the municipal corporation shall give notice to the county governing authority within seven calender days of the filing of the application for initial zoning or rezoning. Upon receipt of such notice, the county governing authority shall have seven calendar days to notify the municipality in writing of its intent to raise an objection to the proposed zoning or rezoning of the property and shall specify the basis for the objection. If the county governing authority serves notice of its intent to object, then the county governing authority shall have ten calendar days from the date of the countys notice to document in writing the nature of the objection specifically identifying the basis for the objection including any increased service delivery or infrastructure costs. The absence of a written notice of intent to object or failure to document the nature of the objection shall mean the municipal corporation may proceed with the zoning or rezoning and no subsequent objections under this process may be filed for the zoning or rezoning under consideration. (2) Commencing with the date of receipt by the municipality of the countys documented objections, representatives of the municipal corporation and the county shall have 21 calendar days to devise mitigating measures to address the countys specific objections to the proposed zoning or rezoning. The governing authority of the municipal corporation and the governing authority of the county may agree on mitigating measures or agree in writing to waive the objections at any time within the 21 calendar day period, in which event the municipal corporation may proceed with the zoning or rezoning in accordance with such agreement; or, where an initial zoning is proposed concurrent with annexation, the municipality may approve, deny, or abandon the annexation of all or parts of the property under review. (3) If the representatives of the municipal corporation and the county fail to reach agreement on the objections and mitigating measures within the 21 calendar day period, either the governing authority of the municipal corporation or the governing authority of the county may insist upon appointment of a mediator within seven

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calendar days after the end of the 21 day period to assist in resolving the dispute. The mediator shall be mutually selected and appointed within seven calendar days of either partys timely, written insistence on a mediator. The party insisting on use of the mediator shall bear two-thirds of the expense of the mediation and the other party shall bear one-third of the expense of the mediation. If both the municipality and the county insist on mediation, the expenses of mediation shall be shared equally. The mediator shall have up to 28 calendar days to meet with the parties to develop alternatives to resolve the objections. If the municipal corporation and the county agree on alternatives to resolve the objections, the municipal corporation may proceed in accordance with the mediated agreement. (4) If the objections are not resolved by the end of the 28 day period, the municipal governing authority or the county governing authority may, no later than seven calendar days after the conclusion of such 28 day period, request review by a citizen review panel. The citizen review panel shall be an independent body comprised of one resident of the municipal corporation appointed by the municipal governing authority, one resident of the county appointed by the county governing authority, and one nonresident of the county who is a land use planning professional mutually selected by the municipal and county appointees to the citizen review panel. No elected or appointed officials or employees, contractors, or vendors of a municipality or county may serve on the citizen review panel. If a request for review by a citizen review panel is made, the mediator shall make arrangements to appear personally at the first meeting of the panel and brief the panel members regarding the objections and proposed mitigating measures or provide a written presentation of such objections and proposed mitigating measures to the panel members on or before the date of such first meeting, whichever the mediator deems appropriate. The citizen review panel shall meet at least once but may conduct as many meetings as necessary to complete its review within a 21 calendar day period. All meetings of the citizen review panel shall be open to the public pursuant to Chapter 14 of Title 50. Within 21 calendar days of the request for review, the citizen review panel shall complete its review of the evidence submitted by the county and the municipality concerning the objections and proposed mitigating measures and shall issue its own recommendations. (5) The citizen review panel shall recommend approval or denial of the zoning or rezoning and address the objections and proposed mitigating measures. Where an initial zoning is proposed concurrent with annexation, the panel may also recommend that the annexation be approved or abandoned. The findings and recommendations of the citizen review panel shall not be binding. (6) Following receipt of the recommendations of the citizen review panel, the municipal corporation may:
(A) Zone or rezone all or parts of the property under review; (B) Zone or rezone all or parts of the property under review with mitigating measures; (C) Deny the zoning or rezoning of all or parts of the property under review; or (D) Any combination of the foregoing.

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Where an initial zoning is proposed concurrent with annexation, the municipality may also approve, deny, or abandon the annexation of all or parts of the property under review. (7) At any time during the process set forth in this Code section, the county or municipality may file a petition in superior court seeking sanctions against a party for any objections or proposed mitigating measures that lack substantial justification or that were interposed for purposes of delay or harassment. Such petition shall be assigned to a judge, pursuant to Code Section 15-1-9.1 or 15-6-13, who is not a judge in the circuit in which the county is located. The judge selected may also be a senior judge pursuant to Code Section 15-1-9.2 who resides in another circuit. The visiting or senior judge shall determine whether any objections or proposed mitigating measures lack substantial justification or were interposed for delay or harassment and shall assess against the party raising such objection or proposing or objecting to such mitigating measures the full cost of attorney fees and other costs incurred by the other party in responding to the objections or proposed mitigating measures. (8) Unless otherwise agreed, a zoning or rezoning decision made pursuant to this Code section shall not be effective until 28 calendar days following the completion of the process authorized by this Code section and the zoning or rezoning vote by the municipal governing authority. (9) During the process set forth in this Code section, the municipal corporation may proceed with notice, hearings, and other requirements for zoning or rezoning in accordance with the municipalitys zoning ordinance. (c) If the annexation, zoning, or rezoning is denied or abandoned based in whole or in part on the countys objections, the county shall not zone or rezone the property or allow any use of a similar or greater density or intensity to that proposed for the property which had been objected to by the county pursuant to this Code section for a one-year period after the denial or abandonment. (d) The process set forth in subsection (b) of this Code section specifies minimum procedures for addressing objections. However, a county and a municipality may agree to additional procedures by resolution of the county and municipal governing authorities. Notwithstanding subsections (b) and (c) of this Code section, any agreement to resolve county objections to a proposed land use of an area to be annexed into a municipality which agreement was in effect on January 1, 2004, and which includes a provision whereby the county and a municipality agree to be bound by the recommendations of an annexation appeals board shall remain in effect until the parties agree otherwise."
SECTION 19. Said title is further amended by striking paragraph (4) of subsection (d) of Code Section 36-66-4, relating to hearings with respect to proposed zoning decisions and procedure on zoning for property annexed into municipality, and inserting in its place a new paragraph (4) to read as follows:
"(4) The zoning classification approved by the municipality following the hearing required by this Code section shall become effective on the later of:

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(A) The date the zoning is approved by the municipality; or (B) The date that the annexation becomes effective pursuant to Code Section 3636-2; or (C) Where a county has interposed an objection pursuant to Code Section 36-3611, the date provided for in paragraph (8) of subsection (b) of said Code section."
SECTION 20. Said title is further amended by striking paragraph (4) of Code Section 36-70-24, relating to criteria for service delivery, and inserting in its place a new paragraph (4) to read as follows:
"(4)(A) Local governments within the same county shall, if necessary, amend their land use plans so that such plans are compatible and nonconflicting, or, as an alternative, they shall adopt a single land use plan for the unincorporated and incorporated areas of the county. (B) The provision of extraterritorial water and sewer services by any jurisdiction shall be consistent with all applicable land use plans and ordinances. (C) A process shall be established by each county and every municipality located within each county, regardless of population, to resolve land use classification disputes when a county objects to the proposed land use of an area to be annexed into a municipality within the county."
SECTION 21. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code section immediately following Code Section 48-8-121, to be designated Code Section 48-8-122, to read as follows:
"48-8-122. The governing authority of the county and the governing authority of each municipality receiving any proceeds from the tax under this part or under Article 4 of this chapter shall maintain a record of each and every project for which the proceeds of the tax are used. Not later than December 31 of each year, the governing authority of each local government receiving any proceeds from the tax under this part shall publish annually, in a newspaper of general circulation in the boundaries of such local government, a simple, nontechnical report which shows for each project or purpose in the resolution or ordinance calling for imposition of the tax 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. In the case of road, street, and bridge purposes, such information shall be in the form of a consolidated schedule of the total original estimated cost, the total current estimated cost if it is not the original estimated cost, and the total amounts expended in prior years and the current year for all such projects and not a separate enumeration of such information with respect to each such individual road, street, or bridge project. The report shall also include a statement of what corrective action the local government intends to implement with respect to each

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project which is underfunded or behind schedule and a statement of any surplus funds which have not been expended for a project or purpose."

SECTION 22. Said title is further amended by adding a new Code Section 48-5-478.3 to read as follows:
"48-5-478.3. A single motor vehicle owned by or leased to a veteran of the armed forces of the United States who has been awarded the Medal of Honor and who is a citizen and resident of Georgia and on which such veteran actually places the motor vehicle license plates he or she receives from the State of Georgia pursuant to Code Section 40-2-68 is hereby exempted from all ad valorem taxes for state, county, municipal, and school purposes."
SECTION 23. (a) Sections 1, 2, 3, 5, 6, 7, 22, this section, and Section 24 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 4, 16, 17, 18, 19, 20, and 21 of this Act shall become effective on July 1, 2004. (c) Sections 8, 9, 10, 11, 12, 13, 14, and 15 of this Act shall become effective on July 1, 2004, and Sections 8, 9, 10, 11, 12, 13, 14, and 15 of this Act shall apply with respect to taxes imposed or to be imposed under any resolution or ordinance adopted by a county or municipal governing authority on or after July 1, 2004; and, except as otherwise specifically provided in this Act, Sections 8, 9, 10, 11, 12, 13, 14, and 15 of this Act shall not apply with respect to taxes imposed or to be imposed under resolutions and ordinances adopted prior to July 1, 2004.

SECTION 24. 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 on HB 709.

On the motion, 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 Harbison Y Harp Y Henson E Hill Y Hooks Y Hudgens
Jackson Y Johnson

Y Seay Y Shafer Y Smith,F
Smith,P Y Squires Y Starr Y Stephens E Stokes

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Y Cagle E Cheeks N Clay N Collins Y Crotts Y Dean N Fort Y Gillis Y Golden Y Hall Y Hamrick

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 Tanksley N Tate Y Thomas,D E Thomas,N
Thomas,R Y Thompson Y Tolleson N Unterman Y Williams Y Zamarripa

On the motion, the yeas were 40, nays 8; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 709.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House:

HB 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.

The House has agreed to the Senate substitute to the following Bill 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.

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Mr. President:
The House insists on its position in amending the Senate amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House:
HB 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.
The Speaker has appointed on the part of the House, Representatives Heard of the 75th, Cummings of the 19th, and Williams of the 61st, Post 2.

The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House:

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 telecommunications support facilities; and for other purposes.

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:

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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 Speaker has appointed on the part of the House, Representatives Ray of the 108th, James of the 114th, and Black of the 144th.

The House insists on its position in substituting the following Bill of the Senate:

SB 148. By Senators Squires of the 5th and Clay of the 37th:

A BILL to be entitled an Act to amend Part 6 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to deprivation, so as to change and reorganize provisions relating to allegedly deprived children; to provide for related matters; to repeal conflicting laws; and for other purposes.

The House insists on its position in disagreeing to the Senate amendments, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House:

HB 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.

The Speaker has appointed on the part of the House, Representatives Greene of the 134th, Lunsford of the 85th, Post 2, and Buckner of the 109th.

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The House has disagreed to the Senate substitute to the following Bill 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.

Mr. President:

The House has agreed to the Senate substitute to the following Bill of the House:

HB 217.

By Representatives Burkhalter of the 36th, Parham of the 94th, Powell of the 23rd and Drenner of the 57th:

A BILL to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems, so as to require the use of certain child passenger restraints in motor vehicles; to change certain provisions relating to safety belts required as equipment and safety restraints for children four years of age or younger; and for other purposes.

The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:

SB 347. By Senators Meyer von Bremen of the 12th and Adelman of the 42nd:

A BILL to be entitled an Act to amend Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to exemptions from levy and sale, so as to provide a reciprocal exemption for a judgment debtor resident in this state as against a judgment creditor resident in another state; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following bill was taken up to consider House action thereto:

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SB 231. By Senator Price of the 56th:

A BILL to be entitled an Act to amend an Act providing for the establishment of a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4084), an Act approved April 1, 1996 (Ga. L. 1996, p. 3859), and an Act approved April 4, 1997 (Ga. L. 1997, p. 3635), so as to specify a name for the county-wide library system; to change membership, the number of members, and the selection of members of the library board of trustees; to provide for vacancies and related matters; to provide for the selection of the executive director of the library system and to whom the executive director shall report; to provide an effective date; to repeal conflicting laws; and for other purposes.

The House amendments were as follows:

House Amendment # 1:

Amend SB 231 by adding after the word "person" on line 25 of page 2 the following: "other than a person appointed pursuant to paragraph (4) of subsection (b) of this section".

House Amendment # 2:

Amend the substitute to SB 231 (LC 14 8486S) by striking the year "2003" each place it appears on line 23 of page 1 and inserting in each such place the year "2004".

By adding after the period on line 15 of page 2 the following: "At least one of the two City of Atlanta appointed members shall be a resident of that portion of the City of Atlanta which is located within DeKalb County."

Senator Price of the 56th moved that the Senate agree to the House amendments to SB 231.

On the motion, 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
Henson E Hill Y Hooks Y Hudgens

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr

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Y Bulloch Y Butler Y Cagle E Cheeks Y Clay Y Collins Y Crotts Y Dean
Fort Y Gillis Y Golden Y Hall Y Hamrick

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 Stephens E Stokes Y Tanksley Y Tate Y Thomas,D E Thomas,N
Thomas,R Y Thompson Y Tolleson Y Unterman E Williams Y Zamarripa

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 231.

The following bill was taken up to consider House action thereto:

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.

Senator Seabaugh of the 28th asked unanimous consent that the Senate adhere to its amendments to HB 239 and that a Conference Committee be appointed.

The consent was granted, and the President appointed as a Conference Committee the following Senators: Seabaugh of the 28th, Hamrick of the 30th and Mullis of the 53rd.

The following bill was taken up to consider House action thereto:

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

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opinion or memorandum of decision when a sentence is reduced; to clarify sentences subject to review; and for other purposes.
Senator Unterman of the 45th asked unanimous consent that the Senate insist on its substitute to HB 1335.
The consent was granted, and the Senate insisted on its substitute to HB 1335.
The following bill was taken up to consider House action thereto:
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.
The House amendment to the Senate amendment was as follows:
Amend the amendment (AM 31 0115) to HB 1162 by striking lines 2 through 9 of page 1 and inserting in their place the following: "Amend HB 1162 by striking lines 5 and 6 of page 1 and inserting in their place the following:
'standards to be set by the commissioner; to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to provide for qualifications for towing and storage firms to serve on a rotation list providing wrecker services for this state or any political subdivision thereof; to provide that the commissioner of the Department of Motor Vehicle Safety may establish rules and regulations for eligibility to serve on rotation lists; to provide for inspections and fees; to provide that the governing authority of a county may license towing and storage firms in the county; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.'
By adding after line 20 of page 3 the following: '(c) A judicial officer, probation officer, law enforcement officer, or other officer or employee of a court or any person employed by a private company which has contracted to provide private probation services for misdemeanor cases, or any employee of the Department of Motor Vehicle Safety or the Department of Human Resources, and any immediate family member thereof shall be prohibited from owning, operating, being employed by or acting as an agent or servant for, or having a financial interest in any provider center.'

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By adding after line 13 of page 6 the following:
'SECTION 2. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in Code Section 44-1-13, relating to removal of improperly parked cars or trespassing personal property, by striking subsections (a) and (d) and inserting in lieu thereof new subsections (a), (d), (d.1), and (d.2) to read as follows:
"(a) Any person or his or her authorized agent entitled to the possession of any parcel or space of private real property, hereinafter referred to as 'private property,' shall have the right to remove or cause to be removed from the property any vehicle or trespassing personal property thereon which is not authorized to be at the place where it is found and to store or cause to be stored such vehicle or trespassing personal property, provided that there shall have been conspicuously posted on the private real property notice that any vehicle or trespassing personal property which is not authorized to be at the place where it is found may be removed at the expense of the owner of the vehicle or trespassing personal property. Such notice shall also include information as to the location where the vehicle or personal property can be recovered, the cost of said recovery, and information as to the form of payment; provided, however, that the owner of private residential property containing not more than four residential units shall not be required to comply with the posting requirements of this subsection. Only towing and storage firms issued permits or licenses by the local municipal or county governing authority of the jurisdiction in which they operate or by the Department of Motor Vehicle Safety, and having a secure impoundment facility, shall be permitted to remove trespassing property vehicles and trespassing personal property at the request of the owner or authorized agent of the private property. The licensing authority of a county governing authority shall be limited to towing and storage firms located in the county." "(d) The municipal or county governing authority of each municipality having towing and storage firms operating within its territorial boundaries may issue a license or permit to engage in private trespass towing pursuant to this Code section to any firm meeting the qualifications imposed by said governing authority. The licensing authority of a county governing authority shall be limited to towing and storage firms located in the county. The fee for the license or permit shall be set by such governing authority. The maximum reasonable costs of removal, relocation, and storage pursuant to the provisions of this Code section shall be compensatory, as such term is used in the public utility rate-making procedures, and shall be established annually by the governing authority of each municipality or county having towing and storage firms operating within its territorial boundaries; provided, however, that no storage fees shall be charged for the first 24 hour period which begins at the time the vehicle is removed from the property, and no such fees shall be allowed for the removal and storage of vehicles removed by towing and storage firms found to be in violation of this Code section. (d.1) Towing and storage firms operating in multiple jurisdictions shall be subject to regulation by the Department of Motor Vehicle Safety. Any towing and storage firm

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that is issued a permit by the Department of Motor Vehicle Safety shall not be required to obtain any additional trespass towing licenses or permits from the municipality, county, or consolidated government. (d.2) The Department of Motor Vehicle Safety may establish rules and regulations regarding the disposition of lawfully towed vehicles, vehicle contents, and other personal property held with the vehicle."
SECTION 3. Said title is further amended by inserting a new Code Section 44-1-13.1 to read as follows:
"44-1-13.1. (a) Any towing and storage firm which serves on a rotation list providing wrecker services for this state or any political subdivision thereof shall, upon funding, be certified by the department. The commissioner may establish by rule and regulation the criteria for a towing and storage firm to obtain a permit of eligibility for the rotation list. A towing and storage firm must maintain the minimum amount of liability insurance prescribed by the department to be eligible to serve on a rotation list providing wrecker services for this state or any political subdivision thereof. (b) A towing and storage firm that applies for inclusion on a rotation list providing wrecker services for this state or any political subdivision thereof shall comply with the relevant safety laws, regulations, and policies of the department. To ensure compliance, prior to approval to serve on a rotation list, each towing and storage firm within the state and each vehicle utilized by such towing and storage firm must successfully pass an annual inspection by a department law enforcement officer who is certified to perform such inspection. The department shall require safety and mechanical inspections at least on an annual basis for each vehicle utilized by such towing and storage firm. The commissioner shall provide, by rule and regulation, for the scope of such inspections, the qualifications of persons who may conduct facility inspections, and the manner by which the results of such inspections shall be reported to the department. Such inspections shall be performed annually and shall satisfy the requirements for this state or any political subdivision thereof regarding inspection and certification of vehicles utilized as towing vehicles by such towing and storage firms. (c) The commissioner may establish such fees as deemed appropriate for the certification and inspection of the facilities and vehicles as provided in subsection (b) of this Code section."'
By striking lines 14 through 15 of page 6 and inserting in their place the following:
'SECTION 4. Sections 1, 2, 4, and 5 of this Act shall become effective on October 1, 2004. Section 3 of this Act shall become effective on January 1, 2005.'
By redesignating Section 3 as Section 5."

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Senator Bulloch of the 11th moved that the Senate agree to the House amendment to the Senate amendment to HB 1162.

On the motion, a roll call was taken and the vote was as follows:

Adelman Y Balfour Y Blitch Y Bowen Y Brown
Brush Y Bulloch Y Butler
Cagle E Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall
Hamrick

Y Harbison Y Harp
Henson E Hill Y Hooks Y Hudgens
Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price
Reed Y Seabaugh

Y Seay Y Shafer Y Smith,F
Smith,P Y Squires Y Starr
Stephens E Stokes
Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson Y Tolleson
Unterman E Williams Y Zamarripa

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1162.

The following bill was taken up to consider House action thereto:

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 House amendment to the Senate amendment was as follows:

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Amend the amendment (AM 31 0132) to HB 1168 by striking lines 2 through 22 and inserting in their place the following: "Amend HB 1168 by striking 'To' at the beginning of line 1 of page 1 and by adding at the beginning of line 1 of page 1 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 change certain provisions relating to lapse fees; to'
By adding after 'as' on line 2 of page 1 the following: 'to change certain provisions relating to furnishing of information;'.
By adding after 'examination;' on line 5 of page 1 the following: '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 amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to inspection of motor vehicles, so as to clarify certain provisions relating to vehicle identification rules; to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting accidents and proof of financial responsibility, so as to change certain provisions relating to issuance of forms by the department;'.
By adding new Sections 1 and Section 2 to read as follows:
'SECTION 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended in Code Section 40-2-137, relating to definitions, notification of coverage termination, lapse fee, promulgation of rules and regulations, and suspension of vehicle registrations, by adding a new subsection (g) to read as follows:
"(g) The county tax commissioner shall have the authority to waive a lapse fee if sufficient proof is provided that no actual lapse in coverage occurred. This proof must be retained by the county tax commissioner for audit purposes."
SECTION 2. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers licenses, is amended in Code Section 40-5-2, relating to keeping of records of applications for licenses and information on licensees and furnishing of information, by adding a new subparagraph (c)(1)(B.1) to read as follows:
"(B.1) The department shall implement a pilot program of up to six months to determine the revenue feasibility of supplying limited rating information to agents, insurers, and insurance support organizations. The department shall report the results of such pilot program to the Office of Planning and Budget. If the Office of Planning and Budget determines that the pilot program is successful, then the department shall also furnish limited rating information to insurance support

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organizations for the same purposes as provided in division (c)(1)(B)(ii) of this Code section, pursuant to a contract with the Georgia Technology Authority, provided that all other necessary requirements of subsection (c) of this Code section have been met;"'.
By redesignating Sections 1 and 2 as Sections 3 and 4.
By striking lines 9 and 10 of page 1 and inserting in their places the following: 'Said chapter is further amended by striking subsection (a) of Code Section 40-5-26, relating to'.
By adding new Sections 5, 6, 7, 8, and 9 to read as follows:
'SECTION 5. Said chapter is further amended in Code Section 40-5-32, relating to expiration and renewal of licenses and reexamination required, by striking subsection (c) of said Code section and inserting in its place the following:
"(c)(1) The department shall require every person applying for renewal of a drivers license to take and pass successfully such test of his or her eyesight as the department shall prescribe, unless otherwise provided by rule or regulation for purposes of paragraph (2) of subsection (b) of this Code section. (2) At the time of the renewal, the department shall issue a pamphlet containing information pertaining to new traffic laws and to traffic laws most frequently violated. (3)(2) The commissioner may issue such rules and regulations as are necessary to implement this subsection."
SECTION 6. Said chapter is further amended by striking Code Section 40-5-51, relating to suspension of driving privilege of nonresident, reporting convictions, suspensions, and revocations of nonresidents, and inserting in its place the following:
"40-5-51. (a) The privilege of driving a motor vehicle on the highways of this state given to a nonresident under this chapter shall be subject to suspension or revocation by the department in like manner and for like cause as a drivers license issued under this chapter may be suspended or revoked only when suspension or revocation is required by law for the violation. No points shall be assessed as provided in Code Section 40-557 for any violation committed by a nonresident. (b) The department is required, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense, to forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted is a resident. (c) When a nonresidents operating privilege is suspended or revoked, the department shall forward a certified copy of the record of such action to the motor vehicle administrator in the state wherein such person resides."

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SECTION 7. Said chapter is further amended in Code Section 40-5-54, relating to mandatory suspension of license and notice of suspension, by striking subsection (b) of said Code section and inserting in its place the following:
"(b) All judges of all courts having jurisdiction of the offenses set forth in subsection (a) of this Code section shall, at the time of sentencing, give notice to the defendant on forms provided prescribed by the department of the suspension of the defendants drivers license. The period of suspension shall be determined by the department for the term authorized by law. The court shall forward the notice of suspension and the defendants drivers license to the department within ten days from the date of conviction. The department shall notify the defendant of the period of suspension at the address provided by the defendant."
SECTION 8. Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to inspection of motor vehicles, is amended in Code Section 40-8-9, relating to compliance with federal provisions, by striking said Code section and inserting in its place the following:
"40-8-9. It shall be unlawful to operate in this state any truck or truck tractor having a gross weight of 43,000 or more pounds which does not comply with the vehicle identification rules of the commissioner promulgated pursuant to Chapter 7 of Title 46 and Chapter 16 of this title or the vehicle identification rules of the United States Department of Transportation."
SECTION 9. Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting accidents and giving proof of financial responsibility, is amended in Code Section 40-9-3, relating to administration of chapter, rules and regulations, hearings, and appeals, by striking subsection (a) of said Code section and inserting in its place the following:
"(a) The commissioner shall administer and enforce this chapter and is authorized to adopt and enforce rules and regulations necessary for its administration. The commissioner shall prescribe and provide suitable forms requisite or deemed necessary for the purposes of this chapter."'
By renumbering Section 3 as Section 10."
Senator Bulloch of the 11th moved that the Senate agree to the House amendment to the Senate amendment to HB 1168.

On the motion, a roll call was taken and the vote was as follows:

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Adelman Y Balfour Y Blitch Y Bowen
Brown Brush Y Bulloch Y Butler Cagle E Cheeks Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Hamrick

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis
Price Reed Y Seabaugh

Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman E Williams Y Zamarripa

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1168.

Senator Collins of the 6th 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 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 House substitute was as follows:

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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 the nature of the offense and 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, flees in traffic conditions which place the general public at risk of receiving serious injuries, or leaves the state shall be guilty of a felony punishable by a fine of $5,000.00 and 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.

Senator Seabaugh of the 28th moved that the Senate agree to the House substitute to SB 297.

On the motion, a roll call was taken and the vote was as follows:

Adelman Balfour Y Blitch Y Bowen Brown Y Brush Y Bulloch Y Butler Cagle E Cheeks

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate

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E Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Lamutt Lee
Y Levetan Y Me V Bremen Y Moody Y Mullis
Price Reed Y Seabaugh

Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 297.

The following bill was taken up to consider House action thereto:

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 telecommunications support facilities; and for other purposes.

The House amendment was as follows:

Amend the Senate substitute to HB 984 by striking line 7 of page 5 and inserting in it place the following:
"this Code section. In".

By inserting quotation marks at the end of line 15 of page 6.

By deleting lines 16 through 19 of page 6.

Senator Johnson of the 1st moved that the Senate agree to the House amendment to the Senate substitute to HB 984.

On the motion, a roll call was taken and the vote was as follows:

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Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle E Cheeks E Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt
Lee Y Levetan Y Me V Bremen Y Moody Y Mullis
Price Y Reed Y Seabaugh

Y Seay Shafer
Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 984.

The following bill was taken up to consider the Conference Committee Report thereto:
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 Conference Committee Report was as follows:
The Committee of Conference on SB 418 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute # 1 to SB 418 be adopted.
Respectfully submitted,

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FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Unterman of the 45th /s/ Senator Levetan of the 40th /s/ Senator Collins of the 6th

/s/ Representative Orrock of the 51st /s/ Representative Oliver of the 56th, Post 2 /s/ Representative Mobley of the 58th

COMMITTEE OF CONFERENCE SUBSTITUTE #1 TO SB 418:

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 a short title; to provide for penalties; to provide for exceptions; to provide that certain statutory privileges shall not be available; to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to provide for penalties for disclosing, publishing, or disseminating the location of a family violence shelter; to amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to change provisions relating to disclosure of medical records; to provide for a definition; 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. This Act shall be known and may be cited as the "Amirah Joyce Adem Act".

SECTION 2. 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.

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(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, a certified nurse midwife, 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 religion, ritual, custom, nor standard practice shall be a defense to the offense of female genital mutilation. (e) The statutory privileges provided by Chapter 9 of Title 24 shall not apply to proceedings in which one of the parties to the privilege is charged with a crime against a female under the age of 18 years, but such person shall be compellable to give evidence only on the specific act for which the defendant is charged."
SECTION 3. Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, is amended by striking Code Section 19-13-23 and inserting in lieu thereof new Code Sections 19-13-23 and 19-13-24 to read as follows:
"19-13-23. (a) Any person who knowingly publishes, disseminates, or otherwise publicly discloses the location of a family violence shelter is guilty of a misdemeanor. (b) This Code section shall not apply to:
(1) Confidential communications between a client and his or her attorney; or (2) Instances when such publication, dissemination, or disclosure is specifically authorized by the director of the shelter.
19-13-24. (a) Any person, corporation, or other entity that publishes, disseminates, or otherwise publicly discloses the location of a family violence shelter, whether intentionally or negligently, shall be liable either for all of the actual costs incurred in relocating such shelter or for a civil remedy payable to such shelter in the amount of not less than $25,000.00 for each instance, not to exceed the full costs of relocating such shelter. When the location of a shelter has become generally known as a result of the publication, dissemination, or disclosure of its location by a person, corporation, or other entity, the court shall require that the person, corporation, or other entity violating this Code section shall pay all of the actual costs incurred in relocating such shelter to a comparable facility. When the location of a shelter has been published, disseminated, or publicly disclosed by a person, corporation, or other entity, but the location has not become generally known as a result of such publication, dissemination, or disclosure, the court may require the person, corporation, or other entity making such publication, dissemination, or disclosure to pay relocation costs in lieu of a civil remedy.

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(b) For the purposes of this Code section, an instance of publication, dissemination, or disclosure shall be limited to each time, place, and manner the location is published, disseminated, or disclosed. Each edition of a telephone directory in printed format which contains the location of a shelter shall constitute only one instance regardless of the number of copies of the directory that are published or disseminated. (c) This Code section shall not apply:
(1) To confidential communications between a client and his or her attorney; (2) To instances when such publication, dissemination, or public disclosure is specifically authorized by the director of the shelter; or (3) When a company publishes the location of a family violence shelter upon reliance on a third party who did not identify the confidential nature of the location, and such company did not know and should not have known that the location is confidential. This exception shall not apply if the company was aware that the third party had previously failed to inform the company of confidential information relating to the location of family violence shelters."
SECTION 4. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by adding a new paragraph to Code Section 24-9-41, relating to definitions in the disclosure of medical records, to read as follows:
"(6.1) 'Nurse' means a person authorized by license issued under Chapter 26 of Title 43 as a registered professional nurse or licensed practical nurse to practice nursing."
SECTION 5. Said title is further amended by striking Code Section 24-9-42, relating to the disclosure of medical records, and inserting in lieu thereof the following:
"24-9-42. The disclosure of confidential or privileged medical matter constituting all or part of a record kept by a health care facility, a nurse, or a physician, pursuant to laws requiring disclosure or pursuant to limited consent to disclosure, shall not serve to destroy or in any way abridge the confidential or privileged character thereof, except for the purpose for which such disclosure is made."
SECTION 6. This Act shall become effective on July 1, 2004, and shall apply to all offenses committed on or after such date.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Senator Unterman of the 45th moved that the Senate adopt the Conference Committee Report # 1 on SB 418.

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On the motion, 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 E 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
Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis
Price Y Reed Y Seabaugh

Y Seay Y Shafer Y Smith,F
Smith,P Y Squires Y Starr
Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Y Tolleson Y Unterman E Williams Y Zamarripa

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report # 1 on SB 418.

The following bill was taken up to consider House action thereto:

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.

Senator Levetan of the 40th asked unanimous consent that the Senate insist on its substitute to HB 208.

The consent was granted, and the Senate insisted on its substitute to HB 208.

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The following bill was taken up to consider House action thereto:

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.

Senator Hudgens of the 47th asked unanimous consent that the Senate adhere to its disagreement to the House amendment to the Senate amendment to HB 923 and that a Conference Committee be appointed.

The consent was granted, and the President appointed as a Conference Committee the following Senators: Hudgens of the 47th, Kemp of the 46th and Hall of the 22nd.

At 6:45 p.m. the President announced that the Senate would stand in recess until 7:45 p.m.

The following messages were 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 House:

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.

Mr. President:

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The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:

SB 147.

By Senators Adelman of the 42nd, Collins of the 6th, Stokes of the 43rd, Unterman of the 45th, Stephens of the 51st and others:

A BILL to be entitled an Act to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to provide for penalties for disclosing, publishing, or disseminating the location of a family violence shelter; to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to require telephone companies to file plans with the Georgia Public Service Commission to provide for the confidentiality of family violence shelter locations; to provide for review of such plans; to provide for sanctions for the failure to file such plans; to provide a short title; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate:

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.

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.

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Mr. President:

The House recedes from its position in amending the following Bill of the Senate:

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 House insists on its 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 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 Speaker has appointed on the part of the House, Representatives Smith of the 13th, Post 2, Barnes of the 84th, Post 2, and Morris of the 120th.

The House has agreed to the Senate substitute to the following Bill of the House:

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.

The House has agreed to the Senate amendment, to the House substitute, to the following Bill of the Senate:

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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.

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate:

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.

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.

At 7:45 p.m. the President called the Senate to order.

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The following bill was taken up to consider House action thereto:
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.
Senator Bulloch of the 11th asked unanimous consent that the Senate adhere to its substitute to HB 1766 and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Bulloch of the 11th, Unterman of the 45th and Hudgens of the 47th.
The following bill was taken up to consider House action thereto:
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.
Senator Williams of the 19th asked unanimous consent that the Senate adhere to its substitute to HB 1136 and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Williams of the 19th, Cheeks of the 23rd and Crotts of the 17th.

The following bill was taken up to consider House action thereto:

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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.
Senator Cagle of the 49th asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 514 and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Cagle of the 49th, Lee of the 29th and Starr of the 44th.
The following bill was taken up to consider House action thereto:
SB 147. By Senators Adelman of the 42nd, Collins of the 6th, Stokes of the 43rd, Unterman of the 45th, Stephens of the 51st and others:
A BILL to be entitled an Act to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to provide for penalties for disclosing, publishing, or disseminating the location of a family violence shelter; to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to require telephone companies to file plans with the Georgia Public Service Commission to provide for the confidentiality of family violence shelter locations; to provide for review of such plans; to provide for sanctions for the failure to file such plans; to provide a short title; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to require telephone companies to file plans with the Georgia Public Service Commission to provide for the confidentiality of family violence shelter locations; to provide for review of such plans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known as and may be cited as the "Family Violence Shelter Confidentiality Act of 2004."
SECTION 2. Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, is amended by adding a new Code Section 46-5-7 to read as follows:
"46-5-7. (a) Prior to January 1, 2005, each person, corporation, or other entity that provides telephone service in this state and each person, corporation, or other entity that publishes, disseminates, or otherwise provides telephone directory information or listings of telephone subscribers in this state shall file a plan with the commission setting forth in detail how such person, corporation, or other entity will protect the confidentiality of the address or location of family violence shelters, as defined in Code Section 19-13-20, in this state. Such plan shall describe the manner in which the person, corporation, or other entity will identify all such shelters and the manner in which the person, corporation, or other entity will keep the location and address of such shelters confidential. (b) Such persons, corporations, and other entities shall update such plans at least every 24 months. (c) Such original and updated plans shall be approved by the commission within a reasonable time upon a determination that the plans are reasonably effective in identifying the family violence shelters in the state and in maintaining the confidentiality of the location and address of such family violence shelters. If the commission determines that a plan is inadequate, it shall state the basis on which the plan was determined to be inadequate and shall allow the person, corporation, or other entity filing such plan a period of not more than 30 days to file a revised plan that is acceptable to the commission. (d) Such plans shall not be open to examination by the public and shall be exempt from disclosure under the provisions of Article 4 of Chapter 18 of Title 50. (e) Within three days of filing original plans or updates with the commission, each person, corporation, or other entity subject to this Code section shall submit a copy of all original plans, updated plans, and revised plans to the State Commission on Family Violence, which is authorized to provide comments concerning such plans to the commission in order to aid in review and approval of such plans. (f) The filing or approval of such plans shall not in any manner be a defense to any action or prosecution."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Adelman of the 42nd moved that the Senate agree to the House substitute to SB 147.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Balfour Blitch
Y Bowen Y Brown Y Brush
Bulloch Y Butler
Cagle E Cheeks
Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis
Golden E Hall Y Hamrick

Y Harbison Y Harp Y Henson
Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt
Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price
Reed Y Seabaugh

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley
Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman E Williams Y Zamarripa

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 147.

The following bill was taken up to consider the Conference Committee Report thereto:

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.

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The Conference Committee Report was as follows:

The Committee of Conference on HB 239 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 239 be adopted.

Respectfully submitted, FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Seabaugh of the 28th /s/ Senator Mullis of the 53rd /s/ Senator Hamrick of the 30th

/s/ Representative Lunsford of the 85th, Post 2 /s/ Representative Buckner of the 109th /s/ Representative Greene of the 134th

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 239

A BILL TO BE ENTITLED AN ACT

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; to provide exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 42-4-7 of the Official Code of Georgia Annotated, relating to inmate records and earned time allowances in county correctional facilities, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows:
"(b)(1) The sheriff, chief jailer, warden, or other officer designated by the county as custodian of inmates confined as county inmates for probation violations of felony offenses or as provided in subsection (a) of Code Section 17-10-3 may award earned time allowances to such inmates based on institutional behavior. Earned time allowances shall not be awarded which exceed one-half of the period of confinement imposed, except that the sheriff or other custodian may authorize the award of not more than four days credit for each day on which an inmate does work on an authorized work detail; provided, however, that such increased credit for performance on a work detail shall not apply to an inmate who is incarcerated for:
(A) A second or subsequent offense of driving under the influence under Code Section 40-6-391 within a five-year period of time, as measured from the date of

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any previous arrest for which a conviction was obtained or a plea of nolo contendere was accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted; (B) A misdemeanor of a high and aggravated nature; or (C) A crime committed against a family member as defined in Code Section 19-131. (2) While an inmate sentenced to confinement as a county inmate is in custody as a county inmate, the custodian of such inmate may award an earned time allowance consistent with this subsection and subsection (b) of Code Section 17-10-4 based on the institutional behavior of such inmate while in custody as a county inmate. (3) An inmate sentenced to confinement as a county inmate shall be released at the expiration of his or her sentence less the time deducted for earned time allowances."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Seabaugh of the 28th moved that the Senate adopt the Conference Committee Report on HB 239.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Balfour Blitch
Y Bowen Y Brown Y Brush
Bulloch Y Butler
Cagle E Cheeks
Clay Y Collins Y Crotts Y Dean
Fort Y Gillis
Golden E Hall Y Hamrick

Y Harbison Harp
Y Henson Hill
Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt
Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate
Thomas,D Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman E Williams Y Zamarripa

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 239.

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The following bill was taken up to consider House action thereto:
SB 148. By Senators Squires of the 5th and Clay of the 37th:
A BILL to be entitled an Act to amend Part 6 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to deprivation, so as to change and reorganize provisions relating to allegedly deprived children; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senator Squires of the 5th asked unanimous consent that the Senate adhere to its substitute to SB 148 and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Lee of the 29th, Tolleson of the 18th and Hall of the 22nd.
The following bill was taken up to consider House action thereto:
SB 347. By Senators Meyer von Bremen of the 12th and Adelman of the 42nd:
A BILL to be entitled an Act to amend Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to exemptions from levy and sale, so as to provide a reciprocal exemption for a judgment debtor resident in this state as against a judgment creditor resident in another state; to provide for related matters; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to exemptions from levy and sale, so as to provide a reciprocal exemption for a judgment debtor resident in this state as against a domesticated judgment from another state; 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 13 of Title 44 of the Official Code of Georgia Annotated, relating to exemptions from levy and sale, is amended by adding at its end a new Article 3 to read as follows:

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"ARTICLE 3 44-13-120. As against a domesticated judgment from another state, a judgment debtor resident in Georgia shall be entitled to assert, in addition to any other exemption under Georgia law, an exemption from levy and sale and any other process equal to the exemption which would be provided to the judgment debtor by the law of the state in which the judgment was entered if the judgment debtor were a resident of that state."

SECTION 2. 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 347.

On the motion, 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
Cagle E Cheeks
Clay Y Collins Y Crotts Y Dean
Fort Y Gillis
Golden E Hall Y Hamrick

Y Harbison Harp
Y Henson E Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B
Kemp,R Y Lamutt
Lee Y Levetan Y Me V Bremen Y Moody N Mullis N Price Y Reed Y Seabaugh

Y Seay Shafer
Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens
Stokes Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman E Williams Y Zamarripa

On the motion, the yeas were 38, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 347.

The following bill was taken up to consider House action thereto:

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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 House substitute was as follows:
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 provide an effective date and implementation; 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 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 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:

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"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. (e) License agents for the Department of Natural Resources acting under this Code section shall not be considered to be deputy registrars under this chapter or any rules and regulations promulgated thereunder. (f) 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

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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. (g) The Department of Natural Resources shall maintain such statistical records on the number of registrations and declinations as requested by the Secretary of State. (h) 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. (i) 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. (j) The forms and procedures to implement and administer this Code section shall be designed in a manner such that license agents for the Department of Natural Resources shall not incur any expenses nor be required to make any reports in implementing and administering this Code section in addition to those presently required of such license agents in issuing fishing, hunting, and trapping licenses, other than providing information to the Department of Natural Resources at the time the license application is processed necessary to comply with state and federal voter laws on voter registration. (k) License agents for the Department of Natural Resources acting under this Code section whose businesses are authorized to sell alcoholic beverages for on-premises consumption may notify the Department of Natural Resources of their desire to opt out of the requirements of this Code section and shall thereafter not be required to comply with this Code section."
SECTION 3. This Act shall become effective on July 1, 2005, or upon appropriation of funding for its implementation by the Department of Natural Resources.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Smith of the 52nd moved that the Senate agree to the House substitute to SB 541.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Balfour Blitch
Y Bowen Y Brown

Y Harbison Y Harp Y Henson E Hill Y Hooks

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires

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Y Brush Y Bulloch Y Butler
Cagle E Cheeks
Clay Y Collins E Crotts Y Dean
Fort Y Gillis Y Golden E Hall Y Hamrick

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 Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R
Thompson Y Tolleson Y Unterman E Williams
Zamarripa

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 541.

The following resolution was taken up to consider the Conference Committee Report thereto:

HR 591. By Representatives Mobley of the 58th, Watson of the 60th, Post 2, Maddox of the 59th, Post 2, Stephenson of the 60th, Post 1, Oliver of the 56th, Post 2 and others:

A RESOLUTION designating the Judge Jim Weeks Intersection; and for other purposes.

The Conference Committee Report was as follows:

The Committee of Conference on HR 591 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HR 591 be adopted.

Respectfully submitted, FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Cheeks of the 23rd /s/ Senator Hall of the 22nd /s/ Senator Balfour of the 9th

/s/ Representative Mobley of the 58th /s/ Representative Wilkinson of the 41st /s/ Representative Sholar of the 141st, Post 1

COMMITTEE OF CONFERENCE SUBSTITUTE TO HR 591

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Honoring Mrs. Rosa Proctor and designating the Rosa Proctor Intersection; dedicating a portion of the Battlefield Parkway in Catoosa County to the memory of Baxter Shavers; and for other purposes.
WHEREAS, when Rosa Proctor and her late husband Cary Proctor began looking for a place to build their first home in 1935 in Milledgeville, Georgia, they settled on a 40 acre lot in what became the Pettigrew Road area; and
WHEREAS, after building the house, the Proctors set out to get a road for the area, which they accomplished by donating to the county the strip of land which they owned where the road was to be; and
WHEREAS, in 1939, a much needed bridge was built in the Pettigrew Road area to connect Georgia 49 to Georgia 22, which greatly improved traveling conditions for the residents in the area; and
WHEREAS, the wooden bridge, known as "Little Fishing Bridge," was made possible by another donation of their land by Cary and Rosa Proctor; and
WHEREAS, over the ensuing 60 years, the wooden bridge had been worn out numerous times due to rain and traffic and its frequent closings had been a source of frustration for residents, including Mrs. Proctor, for many years; and
WHEREAS, in 2002, construction began on a $670,000.00 concrete bridge funded by the Federal Highway Bridge Safety Program; and
WHEREAS, in order to get the right of way for the bridge, the county had to obtain land from five homeowners in the area, and like she and her husband had done twice before, Mrs. Proctor readily donated half an acre, free of charge; and
WHEREAS, the Pettigrew Road Bridge formally opened on July 1, 2003, with 91 yearold Rosa Proctor as an honored guest; and
WHEREAS, Baxter Shavers, a deputy sheriff of Catoosa County, sacrificed his life in the line of duty in April 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 that in

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appreciation of her consistent generosity, foresight, and dedication to the public good, the intersection of SR 22 and Pettigrew Road in Milledgeville, Georgia, is hereby designated the Rosa Proctor Intersection.

BE IT FURTHER RESOLVED 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 erect and maintain signs so identifying the bridge and highway.

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 to Mrs. Rosa Proctor.

BE IT FURTHER RESOLVED that the intersection of SR 139 (Mableton Parkway) and U.S. 78 (Veterans' Memorial Highway) shall be named in honor of the late Robert L. and Sally Thompson who were pioneers during this communitys growth.

Senator Smith of the 25th moved that the Senate adopt the Conference Committee Report on HR 591.

On the motion, 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 E Cheeks
Clay Y Collins E Crotts Y Dean Y Fort Y Gillis Y Golden E Hall Y Hamrick

Y Harbison Y Harp Y Henson E Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B
Kemp,R Y Lamutt
Lee Y Levetan Y Me V Bremen E 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 E Williams Y Zamarripa

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On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HR 591.
The following resolution was read and adopted:
SR 1199. By Senators Meyer von Bremen of the 12th, Brown of the 26th, Blitch of the 7th, Dean of the 31st, Thompson of the 33rd and others:
A RESOLUTION recognizing and commending the Honorable Connie Stokes; and for other purposes.
Senator Harbison of the 15th recognized Senator Connie Stokes of the 43rd, commended by SR 1199. Senator Stokes addressed the Senate briefly.
The following messages were received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendment to the following Bill of the House:
HB 666. By Representative Lord of the 103rd:
A BILL to amend Code Section 36-81-7 of the Official Code of Georgia Annotated, relating to requirement of audits, so as to change the amount of annual expenditures of local governments requiring annual audits; and for other purposes.
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 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.
The Speaker has appointed on the part of the House, Representatives Thomas Morgan of the 33rd, Post 2, Powell of the 23rd, and Jamieson of the 22nd.

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The House has agreed to the Senate substitute to the following Bill of the House:

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 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 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 Speaker has appointed on the part of the House, Representatives Boggs of the 145th, Jenkins of the 93rd, and Moraitakis of the 42nd, Post 4.

Mr. President:

The House has agreed to the Senate amendment, as amended by the House, to the following Bill of the House:

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 following bill was taken up to consider House action thereto:

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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 House substitute was as follows:
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 prohibit technology used by the State Road and Tollway Authority from producing a recorded image of a person in a motor vehicle; to provide for exceptions; 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 traffic-control device from producing a recorded image of a person in a 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. Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, is amended in Code Section 32-10-64, relating to general toll powers, police powers, and rules and regulations, by striking subsection (h) of said Code section and inserting in its place the following:
"(h) The authority may in its discretion use such technology, including but not limited to automatic vehicle license tag identification photography and video surveillance, either by electronic imaging or photographic copy, that it deems necessary to aid in the collection of tolls and enforcement of toll violations. Such technology shall not be used to produce any photograph, microphotograph, electronic image, or videotape showing the identity of any person in a motor vehicle except that such technology may be utilized for general surveillance of a toll collection facility for the security of toll collection facility employees."
SECTION 2. Code Section 40-14-21 of the Official Code of Georgia Annotated, relating to use of traffic-control signal monitoring devices, is amended by adding a new subsection (e) to read as follows:

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"(e) A traffic-control signal monitoring device shall not be used to produce any photograph, microphotograph, electronic image, or videotape showing the identity of any person in a motor vehicle."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Cagle of the 49th moved that the Senate agree to the House substitute to SB 603.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour
Blitch Y Bowen Y Brown
Brush Y Bulloch Y Butler Y Cagle E Cheeks
Clay Y Collins E Crotts
Dean Y Fort Y Gillis Y Golden E Hall Y Hamrick

Y Harbison Y Harp Y Henson E Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen E 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 Y Thompson Y Tolleson Y Unterman E 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 603.

The following bill was taken up to consider House action thereto:

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

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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 House substitute was as follows:
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 revise certain definitions; 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 revise certain provisions relating to registration of births; to require immediate transmittal of a death certificate to the state; to provide for certain changes relating to amendment of certificates or reports; to provide that temporary guardians may receive certified copies of vital records; to revise certain provisions relating to fees for copies and services related to vital records; 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.
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 striking paragraphs (5), (13), and (16) of Code Section 31-10-1, relating to definitions, and inserting in lieu thereof the following, respectively:
"(5) 'File' means the presentation of a vital record provided for in this chapter for registration by the vital records registration system State Office of Vital Records." "(13) 'Registration' means the acceptance by the vital records registration system State Office of Vital Records and the incorporation of vital records provided for in this chapter into its official records the vital records registration system." "(16) 'State registrar' means the person responsible for the State Office of Vital Records and the state vital records registration system, including the registration, collection, preservation, amendment, and certification of vital records."
SECTION 2.

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Said chapter is further amended by striking Code Section 31-10-2, relating to maintenance and operation of the vital records registration system, and inserting in lieu thereof the following:
"31-10-2. The There is hereby established within the department the State Office of Vital Records which shall maintain and operate the states official vital records registration system. The system shall be in effect in all areas of the state, and the State Office of Vital Records shall provide for proper administration of the system and preservation of its records."
SECTION 3. Said chapter is further amended by striking Code Section 31-10-5, relating to duties and powers of state registrar, and inserting in lieu thereof the following:
"31-10-5. (a) The state registrar shall:
(1) Administer and enforce the provisions of this chapter and the rules and regulations issued under this chapter and issue instructions for the efficient administration of the vital records registration system State Office of Vital Records; (2) Direct and supervise the system of vital records State Office of Vital Records and be custodian of its records; (3) Direct, supervise, and control the activities of all persons when they are engaged in activities pertaining to the operation of the vital records registration system State Office of Vital Records; (4) Conduct training programs to promote uniformity of policy and procedures throughout the state in matters pertaining to the vital records registration system State Office of Vital Records; (5) Prescribe, furnish, and distribute such forms as are required by this chapter and the rules and regulations issued under this chapter or prescribe such other means for transmission of data as will accomplish the purpose of complete and accurate reporting and registration; (6) Prepare and publish reports of vital statistics of this state and such other reports as may be required by the department; and (7) Provide to local health agencies copies of or data derived from certificates and reports required under this chapter, as the state registrar shall determine are necessary for local health planning and program activities. The state registrar shall establish a schedule with each local health agency for transmittal of the copies or data. The copies or data shall remain the property of the department, and the uses which may be made of them shall be governed by the state registrar. (b) The state registrar may establish or designate offices in the state to aid in the efficient administration of the vital records registration system State Office of Vital Records. (c) The state registrar may delegate such functions and duties vested in the state

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registrar to employees of the vital records registration system State Office of Vital Records and to employees of any office established or designated under subsection (b) of this Code section."
SECTION 4. Said chapter is further amended by striking subsection (a) of Code Section 31-10-6, relating to local registrars, local custodians, special abstracting agents, and duties, and inserting in lieu thereof the following:
"(a) The state registrar may appoint a local registrar and local custodian for each county and a special abstracting agent as necessary. Appointees must meet the qualifications and perform the duties required by this chapter and regulations of the department. The state registrar may appoint local deputy registrars as necessary. A local registrar, subject to the approval of the state registrar, may appoint a deputy or deputies. A local custodian, subject to the approval of the state registrar, may appoint a clerk or clerks of records."
SECTION 5. Said chapter is further amended by striking Code Section 31-10-9, relating to registration of births, and inserting in lieu thereof the following:
"31-10-9. (a) A certificate of birth for each live birth which occurs in this state shall be filed with the local registrar of the county in which the birth occurs State Office of Vital Records within ten five days after such birth and filed in accordance with this Code section and regulations of the department. (b) When a birth occurs in an institution or enroute thereto, the person in charge of such institution or that persons designated representative shall obtain the personal data, prepare the birth certificate, secure the signatures required for the certificate, and file it with the local registrar certify that the child was born alive at the place and time and on the date stated either by signature or by an electronic process established or approved by the State Office of Vital Records, and file the certificate with the State Office of Vital Records. The physician or other person in attendance shall certify to the facts of birth and provide the medical information required by the certificate within 72 hours after the birth occurs. If the physician in attendance does not certify to the facts of birth within the 72 hour period, the person in charge of the institution or that persons designated representative shall complete and sign the certificate. (c) Except as provided in subsection (b) of this Code section, when a birth occurs outside an institution, the certificate shall be prepared and filed by one of the following in the indicated order of priority:
(1) The physician or certified nurse midwife in attendance at or immediately after the birth, or in the absence of such person; (2) Any other person in attendance at or immediately after the birth, or in the absence of such a person; (3) The father, the mother, or in the absence of the father and inability of the mother,

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the person in charge of the premises where the birth occurred. (d) When a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in this state, the birth shall be registered in this state and the place where it is first removed shall be considered the place of birth. When a birth occurs on a moving conveyance while in international waters or airspace or in a foreign country or its airspace and the child is first removed from the conveyance in this state, the birth shall be registered in this state but the certificate shall show the actual place of birth insofar as can be determined. (e) The name of the natural father or putative father shall be entered on the certificate of live birth as follows:
(1) If the mother was married either at the time of conception or at the time of birth, the name of the husband shall be entered on the certificate as the father of the child unless paternity has been determined otherwise by a court having jurisdiction, in which case the name of the father as determined by the court shall be entered; (2) If the mother is not married to the father at either the time of conception or at the time of birth, the name of the putative father shall not be entered on the certificate of birth without the written consent of the mother and the person to be named as father; (3) In any case in which paternity of a child is determined by a court of competent jurisdiction, the name of the father and the surname of the child shall be entered on the certificate of birth in accordance with the finding and order of the court; (4) If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate; or (5) Except as provided in paragraph (3) of this subsection, in In all other cases, the surname of the child shall be the legal surname of the mother at the time of the birth entered on the certificate as designated by the mother. When a paternity acknowledgment is completed, the surname of the child shall be entered as designated by both parents. (f) The birth certificate of a child born to a married woman as a result of artificial insemination, with consent of her husband, shall be completed in accordance with the provisions of subsection (e) of this Code section. (g) Either of the parents of the child, or other informant, shall attest to verify the accuracy of the personal data entered on the certificate in time to permit the filing of the certificate within the ten days time period prescribed in subsection (a) of this Code section. (h) All birth certificates filed and registered must identify the recorded person by name and the name of each legal parent of such person and the name of all other persons required by this Code section or by regulation. No obscenities, numbers, symbols, or other such nonidentifying name information will be accepted. If a legal parent has not decided upon a first or middle name for the child before the time limits established in this Code section, the birth record shall be registered without the childs first or middle name, or both, unless a court order provides otherwise."
SECTION 6.

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Said chapter is further amended by striking subsections (c) and (d) of Code Section 3110-15, relating to death certificates, and inserting in lieu thereof the following:
"(c) The medical certification as to the cause and circumstances of death shall be completed, signed, and returned to the funeral director or person acting as such within 72 hours after death by the physician in charge of the patients care for the illness or condition which resulted in death, except when inquiry is required by the 'Georgia Postmortem Examination Act.' Article 2 of Chapter 16 of Title 45, the 'Georgia Death Investigation Act.' In the absence of said physician or with that physicians approval the certificate may be completed and signed by an associate physician, the chief medical officer of the institution in which death occurred, or the physician who performed an autopsy upon the decedent, provided that such individual has access to the medical history of the case, views the deceased at or after death, and death is due to natural causes. (d) When death occurs without medical attendance as set forth in subsection (c) of this Code section or when inquiry is required by the 'Georgia Post-mortem Examination Act,' Article 2 of Chapter 16 of Title 45, the 'Georgia Death Investigation Act,' the proper person shall investigate the cause of death and shall complete and sign the medical certification portion of the death certificate within 30 days after being notified of the death."
SECTION 7. Said chapter is further amended by striking Code Section 31-10-17, relating to state registration of death certificates and certified copies, and inserting in lieu thereof the following:
"31-10-17. (a) When a death certificate is filed with a local registrar, it shall be transmitted to the vital records registration system State Office of Vital Records for state registration within ten days of immediately upon receipt. After registration and the assignment of a state file number, an authorized copy of the death certificate shall be returned to the local custodian. Certified copies of such death certificates may then be issued from the authorized copy by the local custodian. (b) After a death certificate is filed with a local registrar, but before the death certificate has been registered by the vital records registration system State Office of Vital Records, the local custodian shall be authorized to issue copies of the death certificate to be known as a 'certificate of record.' Each certificate of record shall have printed thereon the following: 'This is an exact copy of the death certificate received for filing in ______________ County.' Such certificate of record shall be signed by the local custodian and have the correct seal affixed thereto."
SECTION 8. Said chapter is further amended by striking Code Section 31-10-23, relating to amendment of certificates or reports, and inserting in lieu thereof the following:
"31-10-23.

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(a) Unless otherwise specified by law, a certificate or report registered under this chapter may be amended in accordance with this chapter and regulations adopted by the department to protect the integrity and accuracy of vital records. Such regulations shall specify the minimum evidence required for a change in any certificate or report. Amendments to birth certificates, death certificates, and application supplementmarriage reports shall be completed by the department and a copy mailed to the proper local custodian, if any. Amendments to applications for a marriage license or the license shall be completed by the judge of the probate court of the county in which the license was issued. An amendment to divorce reports shall be completed by the clerk of the superior court of the county in which the decree was granted. (b) A certificate or report that is amended under this Code section shall be marked 'amended,' except as otherwise provided in this Code section. The date of amendment and a summary description of the evidence submitted in support of the amendment shall be endorsed on or made a part of the record. The department shall prescribe by regulation the conditions under which additions or minor corrections may be made to certificates or records within one year after the date of the event without the certificate or record being marked 'amended.'
(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. (d) Upon receipt of a certified copy of an order from a superior court, probate court, or other court of competent jurisdiction changing the name of a person born in this state and upon request of such person or such persons parents, guardian, temporary guardian, or legal representative, the state registrar shall amend the certificate of birth to show the new name. When the names of the parent or parents and the child are changed, the state registrar may register a new certificate if requested by the parents, guardian, temporary guardian, or legal representative. Such new certificate shall be marked 'amended.' (e) Upon receipt of a certified copy of a court order indicating the sex of an individual born in this state has been changed by surgical procedure and that such individuals name has been changed, the certificate of birth of such individual shall be amended as prescribed by regulation. (f) An order from a superior court or probate court shall be required to change the year of birth shown on the original birth certificate by more than one year or to correct any item on a delayed birth certificate, or to remove the name of a father from a birth certificate on file. The person seeking such change, correction, or removal shall

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institute the proceeding by filing a petition with the appropriate court in the county of residence for an order changing the year of birth, correcting a delayed birth certificate, or removing the name of the father from a birth certificate on file. Such petition shall set forth the reasons therefor and shall be accompanied by all available documentary evidence. The court shall set a date for hearing the petition and shall give the state registrar at least ten days notice of said hearing. The state registrar or the authorized representative thereof may appear and testify in the proceeding. If the court from the evidence presented finds that such change, correction, or removal should be made, the judge shall issue an order setting out the change to be made and the date of the courts action. The clerk of such court shall forward the petition and order to the state registrar not later than the tenth day of the calendar month following the month in which said order was entered. Such order shall be registered by the state registrar and the change so ordered shall be made. (g) When an applicant does not submit the minimum documentation required in the regulations for amending a vital record or when the state registrar has reasonable cause to question the validity or adequacy of the applicants sworn statements or the documentary evidence and if the deficiencies are not corrected, the state registrar shall not amend the vital record and shall advise the applicant of the reason for this action and shall further advise the applicant of the right of judicial appeal. (h) When a certificate or report is amended under this Code section, the state registrar shall report the amendment to the proper local custodian and their record shall be amended accordingly."
SECTION 9. Said chapter is further amended by striking subsection (a) of Code Section 31-10-26, relating to certified copies of vital records, and inserting in lieu thereof the following:
"(a) In accordance with Code Section 31-10-25 and the regulations adopted pursuant thereto:
(1) The state registrar or local custodian of vital records appointed by the state registrar to issue certified copies upon receipt of a written application shall issue a certified copy of a vital record in that registrars or custodians custody or abstract thereof to any applicant having a direct and tangible interest in the vital record, except that certified copies of certificates shall only be issued to:
(A) The person whose record of birth is registered; (B) Either parent, or guardian, or temporary guardian of the person whose record of birth or death is registered; (C) The living legal spouse or next of kin or the legal representative or the person who in good faith has applied and produced a record of such application to become the legal representative of the person whose record of birth or death is registered; (D) The court of competent jurisdiction upon its order or subpoena; or (E) Any governmental agency, state or federal, provided that such certificate shall be needed for official purposes. (2) Each certified copy issued shall show the date of registration and copies issued

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from records marked 'delayed' or 'amended' shall be similarly marked and show the effective date. The documentary evidence used to establish a delayed certificate of birth shall be shown on all copies issued. All forms and procedures used in the issuance of certified copies of vital records in the state shall be provided or approved by the state registrar."
SECTION 10. Said chapter is further amended by striking Code Section 31-10-27, relating to fees for copies or services, and inserting in lieu thereof the following:
"31-10-27. (a) The department shall prescribe the uniform fees to be paid to the State Office of Vital Records, local registrars, and local custodians for certified copies of certificates or records, for a search of the files or records, for copies or information provided for research, statistical, or administrative purposes, or for other services. The fee for each search or service, shall not exceed $10.00 nor shall the fee for a certified copy of said certificate, record, and certification exceed the total sum of $10.00 certified copy, or record shall be determined by the board. (b) Fees collected by the department under this Code section shall be deposited in the general funds of the state. (c) Fees for copies or searches by local custodians of vital records shall be retained by them whether the local custodian is paid on a fee basis, a salary basis, or a combination of both, except in counties where the local custodian of vital records is an employee of the county board of health, in which case said fees shall be remitted monthly to the county health department."
SECTION 11. Said chapter is further amended by striking from the following Code sections the words "vital records registration system" wherever the same shall occur and inserting in lieu thereof the words "State Office of Vital Records":
(1) Code Section 31-10-6, relating to local registrars, local custodians, and special abstracting agents; (2) Code Section 31-10-10, relating to registration of live born infants of unknown parentage; (3) Code Section 31-10-12, relating to judicial procedure to establish facts of birth; (4) Code Section 31-10-24, relating to preservation or disposition of vital records; and (5) Code Section 31-10-31, relating to penalties for making false statements in records and for other violations.
SECTION 12. This Act shall become effective July 1, 2004.
SECTION 13. All laws and parts of laws in conflict with this Act are repealed.

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Senator Thomas of the 54th moved that the Senate agree to the House substitute to SB 478.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown
Brush Y Bulloch Y Butler Y Cagle E Cheeks
Clay Y Collins E Crotts Y Dean Y Fort Y Gillis Y Golden E Hall Y Hamrick

Y Harbison Y Harp
Henson E Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen E 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
Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman E 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 478.

The following bill was taken up to consider House action thereto:

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.

The House substitute was as follows:

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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 and forest products operations and support facilities shall not be or become nuisances due to changed conditions in or around the locations of such operations and facilities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, is amended by striking Code Section 41-1-7, relating to treatment of agricultural facilities and operations as nuisances, and inserting in lieu thereof the following:
"41-1-7. (a) It is the declared policy of the state to conserve, protect, and encourage the development and improvement of its agricultural and forest land and facilities for the production or distribution of food and other agricultural products, including without limitation forest products. When nonagricultural land uses extend into agricultural or agriculture-supporting industrial or commercial areas or forest land or when there are changed conditions in or around the locality of an agricultural facility or agricultural support facility, agricultural such operations often become the subject of nuisance actions. As a result, agricultural such facilities are sometimes forced to cease operations. Many others are discouraged from making investments in agricultural support facilities or farm improvements or adopting new related technology or methods. It is the purpose of this Code section to reduce losses of the states agricultural and forest land resources by limiting the circumstances under which agricultural facilities and operations or agricultural support facilities may be deemed to be a nuisance. (b) As used in this Code section, the term:
(1) 'Agricultural area' means any land which is, or may be, legally used for an agricultural operation under applicable zoning laws, rules, and regulations at the time of commencement of the agricultural operation of the agricultural facility at issue and throughout the first year of operation of such agricultural facility. Any land which is not subject to zoning laws, rules, and regulations at the time of commencement of an agricultural operation of an agricultural facility and throughout the first year of operation of such agricultural facility shall be deemed an 'agricultural area' for purposes of this Code section. (2) 'Agricultural facility' includes, but is not limited to, any land, building, structure, pond, impoundment, appurtenance, machinery, or equipment which is used for the commercial production or processing of crops, livestock, animals, poultry, honeybees,

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honeybee products, livestock products, poultry products, timber, forest products, or products which are used in commercial aquaculture. Such term shall also include any farm labor camp or facilities for migrant farm workers. (3) 'Agricultural operation' means:
(A) The plowing, tilling, or preparation of soil at an agricultural facility; (B) The planting, growing, fertilizing, or harvesting, or otherwise maintaining of crops as defined in Code Section 1-3-3 and also timber and trees that are grown for purposes other than for harvest and for sale; (C) The application of pesticides, herbicides, or other chemicals, compounds, or substances to crops, weeds, or soil in connection with the production of crops, timber, livestock, animals, or poultry; (D) The breeding, hatching, raising, producing, feeding, keeping, slaughtering, or processing of livestock, hogs, equines, chickens, turkeys, poultry or other fowl normally raised for food, mules, cattle, sheep, goats, dogs, rabbits, or similar farm animals for commercial purposes; (E) The production and keeping of honeybees, the production of honeybee products, and honeybee processing facilities; (F) The production, processing, or packaging of eggs or egg products; (G) The manufacturing of feed for poultry or livestock; (H) The rotation of crops, including without limitation timber production; (I) Commercial aquaculture; (J) The application of existing, changed, or new technology, practices, processes, or procedures to any agricultural operation; and (K) The operation of any roadside market. (3.1) 'Agricultural support facility' means any food processing plant or forest products processing plant together with all related or ancillary activities, including trucking; provided, however, this term expressly excludes any rendering plant facility or operation. (4) 'Changed conditions' means any one or more of the following: (A) Any change in the use of land in an agricultural area or in an industrial or commercial area affecting an agricultural support facility; (B) An increase in the magnitude of an existing use of land in or around the locality of an agricultural facility or agricultural support facility and includes, but is not limited to, urban sprawl into an agricultural area or into an industrial or commercial area in or around the locality of an agricultural such facility, or an increase in the number of persons making any such use, or an increase in the frequency of such use; or (C) The construction or location of improvements on land in or around the locality of an agricultural facility or agricultural support facility closer to an agricultural such facility than those improvements located on such land at the time of commencement of the agricultural or agricultural support operation or the agricultural facility or agricultural support facility at issue and throughout the first year of operation of said agricultural facility.

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(4.1) 'Food processing plant' means a commercial operation that manufactures, packages, labels, distributes, or stores food for human consumption and does not provide food directly to a consumer. (4.2) 'Forest products processing plant' means a commercial operation that manufactures, packages, labels, distributes, or stores any forest product. (4.3) 'Rendering plant' has the meaning provided by Code Section 4-4-40. (5) 'Urban sprawl' means either of the following or both:
(A) The With regard to an agricultural area or agricultural operation: (i) The conversion of agricultural areas from traditional agricultural use to residential use; or
(B)(ii) An increase in the number of residences in an agricultural area which increase is unrelated to the use of the agricultural area for traditional agricultural purposes. (B) With regard to an agricultural support facility:
(i) The conversion of industrial or commercial areas to residential use; or (ii) An increase in the number of residences in an industrial or commercial area which increase is unrelated to the use of the industrial or commercial area for traditional industrial or commercial purposes. (c) No agricultural facility, or agricultural operation, any agricultural operation at an agricultural facility, agricultural support facility, or any operation at an agricultural support facility shall be or shall become a nuisance, either public or private, as a result of changed conditions in or around the locality of such agricultural facility or operation if the agricultural facility or operation has been in operation for one year or more. The provisions of this subsection shall not apply when a nuisance results from the negligent, improper, or illegal operation of any agricultural such facility or operation. (d) For purposes of this Code section, the established date of operation is the date on which an agricultural operation or agricultural support facility commenced operation. If the physical facilities of the agricultural operation or the agricultural support facility are subsequently expanded or new technology adopted, the established date of operation for each change is not a separately and independently established date of operation and the commencement of the expanded operation does not divest the agricultural operation or agricultural support facility of a previously established date of operation."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Bulloch of the 11th moved that the Senate agree to the House substitute to SB 511.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour

Y Harbison Harp

Y Seay Y Shafer

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Y Blitch Y Bowen N Brown
Brush Y Bulloch Y Butler
Cagle E Cheeks Y Clay Y Collins E Crotts Y Dean N Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Henson E Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen E Moody Y Mullis
Price Reed Y Seabaugh

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 Y Tolleson Y Unterman E Williams Y Zamarripa

On the motion, the yeas were 43, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 511.

The following bill was taken up to consider the Conference Committee Report thereto:

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.

The Conference Committee Report was as follows:

The Committee of Conference on HB 923 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 923 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

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/s/ Senator Hudgens of the 47th /s/ Senator Kemp of the 46th /s/ Senator Hall of the 22nd

/s/ Representative Cummings of the 19th /s/ Representative Heard of the 75th /s/ Representative Williams of the 61st, Post 2

A BILL TO BE ENTITLED AN ACT

To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide for creditable service in the Employees Retirement System of Georgia for certain temporary full-time service; to provide for payment; 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; to provide for an award of creditable service on an actuarial basis; to provide that a member of the Georgia Judicial 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; to provide that such member shall be credited with such creditable service in this retirement system as the amount so transferred will warrant without creating any accrued actuarial unfunded liability as to the retirement system; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking Code Section 47-2-96.1, relating to creditable service in the Employees Retirement System of Georgia for certain temporary full-time service, and inserting in lieu thereof the following:
"47-2-96.1. (a) As used in this Code section, 'temporary full-time service' means employment by the legislative branch of the state government prior to January 1, 1996 July 1, 2004, on a full-time basis for less than nine months in any calendar year that did not qualify the employee to be a member of the retirement system. (b) Any member who rendered temporary full-time service prior to becoming a permanent full-time employee eligible for membership in the retirement system may obtain no more than ten years of creditable service for such service on a month-formonth basis, subject to the following requirements:
(1) One month of creditable service shall be granted for each 20 days of temporary full-time service, not to exceed 12 months of creditable service for all temporary fulltime service rendered during any single calendar year, provided that no creditable

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service shall be granted for less than 60 days of part-time service during a calendar year; and (2) The member claiming such creditable service shall pay to the board of trustees the employer and employee contribution that would have been paid to the retirement system if the member had been a member during the period for which creditable service is claimed based on compensation actually received for the temporary fulltime service which is claimed as creditable service together with regular interest thereon; provided, however, that any member making application on or after July 1, 2004, shall pay to the board of trustees an amount determined by the actuary as necessary to grant such benefit without creating any actuarial accrued liability as to the retirement system. (c) The board of trustees shall require such proof of part-time service and compensation received therefor as may be necessary to carry out the provisions of this Code section. (d) In order to obtain creditable service under this Code section, a member must make application to the board of trustees not later than January 1, 1999 2005. (e) Nothing in this Code section shall be construed as to allow any former member of the General Assembly to obtain credit for prior legislative service."
SECTION 2. Said title is further amended by inserting at the end of Article 3 of Chapter 23, relating to membership in the Georgia Judicial Retirement System, a new Code section to read as follows:
"47-23-50. (a) As used in this Code section, the term 'administrative law judge' means any fulltime administrative law judge appointed pursuant to Article 2 of Chapter 9 of Title 34 or Article 2 of Chapter 13 of Title 50 and who is employed in a full-time position requiring admission to the State Bar of Georgia as a condition of employment. (b) Any administrative law judge may make an irrevocable election to become a member by so notifying the board of trustees not later than December 31, 2004, or within 90 days after becoming so employed, whichever date is later. (c) Any such person who on July 1, 2004, had prior service as an administrative law judge shall be entitled to creditable service in this retirement system only for actual service in such position. Upon the members request, the Employees Retirement System of Georgia shall transfer to this retirement system all employer and employee contributions paid by or on behalf of any such member with regular interest thereon. The member is authorized, but not required, to pay to the board of trustees such additional amount as the member desires, each payment to be made within 12 months of electing to become a member of this retirement system. Such member shall receive only such creditable service, not to exceed the actual years of service, as that amount will warrant without creating any accrued liability to this retirement system."

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SECTION 3. Said title is further amended by inserting at the end of Article 4 of Chapter 23, relating to service creditable under the Georgia Judicial Retirement System a new Code section to read as follows:
"47-23-65. (a) A member of this retirement system who prior to becoming a member was a vested member in a local retirement system of this state and who has not withdrawn his or her contributions from such retirement system shall be entitled to have all of the employer and employee contributions paid by or on behalf of such member transferred from the local retirement system to this retirement system. (b) Any member wishing to have funds transferred as provided in subsection (a) of this Code section shall notify the board of trustees of the local retirement system and the board of trustees of this retirement system. Such notice shall be given not later than December 31, 2004, or within 90 days of becoming a member of this retirement system, whichever is later. Within 60 days of such notice, the local retirement system shall transfer the higher of:
(1) The employer and employee contributions paid by or on behalf of such member, together with 5 percent per annum compounded annually; or (2) The present value of the members anticipated benefit, using the actuarial equivalence and the mortality table adopted by the local retirement system, to the board of trustees of this retirement system. The member shall then be credited with such creditable service in this retirement system as the amount so transferred will warrant without creating any accrued actuarial unfunded liability as to this retirement system."
SECTION 4. This Act shall become effective on July 1, 2004, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2004, as required by subsection (a) of Code Section 47-20-50.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
The following Fiscal Note, as required by law, was read by the Secretary:
Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
Russell W. Hinton State Auditor (404) 656-2174

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April 7, 2004

The Honorable Ralph Hudgens State Senator Legislative Office Building, Room 304-B Atlanta, Georgia 30334

Dear Senator Hudgens:

SUBJECT: State Auditor's Certification House Bill 923 (LC 21 7944S) (Conference Committee Substitute)

This substitute bill would allow members of the Judicial Retirement System who are also vested members of a local retirement system to have their contributions from the local retirement system transferred to the Judicial Retirement System. The local retirement system would be required to transfer the higher of:

The employer and employee contributions paid by or on behalf of such member, together with 5 percent per annum compounded annually; or

The present value of the member's anticipated benefit, using the actuarial equivalence and the mortality table adopted by the local retirement system.

Members who have such funds transferred to the Judicial Retirement System would receive creditable service based on the amount transferred on behalf of the member, without creating any accrued liability to the System. Members wishing to obtain such creditable service are required to notify the board of trustees no later than December 31, 2004, or within 90 days of becoming a member of the Judicial Retirement System, whichever is later.

This substitute bill would also allow members of the Employees' Retirement System who rendered temporary full-time service in the legislative branch of State Government prior to July 1, 2004 to obtain up to 10 years of creditable service in such System. Under the current law, creditable service may only be obtained by members who rendered such temporary full-time service prior to January 1, 1996. Members wishing to obtain such creditable service are required to pay the full actuarial cost of the service granted.

Finally, this substitute bill would authorize administrative law judges to become members of the Judicial Retirement System. Currently, they participate in the Employees' Retirement System. Administrative law judges wishing to become members of this System must notify the Board of Trustees no later than December 31, 2004 or within 90 days after becoming employed as an administrative law judge, whichever is later, and such decision is irrevocable. This bill authorizes such judges to obtain creditable service

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for prior service under the Employees' Retirement System. The amount of creditable service granted will be determined by the amount of employee and employer contributions paid by or on behalf of such member, plus interest, without creating any accrued liability to the Georgia Judicial Retirement System. Persons would be authorized, but not required, to pay some or all of the cost for any prior service not funded with the monies transferred from the Employees' Retirement System.

This is to certify that changes made in this substitute bill are reduction in cost amendments as defined in the Public Retirement Systems Standards Law. This substitute bill incorporated the provisions of House Bill 976 (LC 21 7411). As shown in the attached actuarial investigation and State Auditor's summary for such bill, the addition of this provision would reduce the current unfunded actuarial accrued liability by $260,000 in the first year for the Employees' Retirement System. This substitute bill would also allow certain members of the Employees' Retirement System to obtain creditable service for certain prior service. Since affected members would be required to pay the full actuarial cost of the creditable service, the addition of this provision would not change the funding factors of the original actuarial investigation issued for House Bill 923 (LC 21 7409). Therefore, passage of this substitute bill (LC 21 7944S) would not require any funding from the State. A copy of the actuarial investigation and State Auditor's summary for House Bills 923 and 976 is attached.

Respectfully,

/s/ Russell W. Hinton State Auditor

Senator Hudgens of the 47th moved that the Senate adopt the Conference Committee Report on HB 923.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown
Brush Y Bulloch Y Butler Y Cagle E 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
Lee

Y Seay Y Shafer Y Smith,F Y Smith,P
Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate
Thomas,D Y Thomas,N

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Y Crotts Y Dean
Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Levetan Y Me V Bremen E Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Thomas,R Thompson
Y Tolleson Y Unterman Y Williams
Zamarripa

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 923.

The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:

Amend the Senate substitute to HB 1751 (HB 1751/SCSFA/1) by striking lines 4 through 8 of page 1 and inserting in their place the following: "of governmental entities; to"

By striking line 32 of page 2 through line 2 of page 3 and inserting in their place the following:
"department that the employer is an agency or instrumentality of the State of Georgia or, if the department determines that such entities are not agencies or instrumentalities of the State of Georgia, then employees and dependents of such entities may be included in the state employees health insurance plan up to the point that such health plan would not be able to retain its exempt status under the federal Employee Retirement Income Security Act of 1974.".

By striking lines 3 through 20 of page 3 and by renumbering Sections 5 and 6 as Sections 4 and 5, respectively.

Senator Hill of the 4th moved that the Senate agree to the House amendment to the Senate substitute to HB 1751.

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On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown
Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall
Hamrick

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson
Johnson Y Kemp,B Y Kemp,R Y Lamutt
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
Stephens Y Stokes
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams
Zamarripa

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1751.

The following bill was taken up to consider House action thereto:

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.

Senator Seabaugh of the 28th asked unanimous consent that the Senate adhere to its substitute to HB 1359 and that a Conference Committee be appointed.

The consent was granted, and the President appointed as a Conference Committee the following Senators: Seabaugh of the 28th, Brush of the 24th and Moody of the 27th.

The following bill was taken up to consider House action thereto:

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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 House amendment was as follows:
Amend the Senate amendment to HB 1414 by striking lines 2 through 4 of page 1 and inserting in their place the following:
"Amend HB 1414 by striking line 1 of page 1 through line 7 of page 2 and inserting in their place the following: '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 provide for powers, duties, and authority of the state revenue commissioner and the commissioner of community affairs with respect to the foregoing; 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; to provide for definitions; to provide for procedures, conditions, and limitations with respect to the creation and operation of such accounts; to provide for powers, duties, and authority of the department; to provide for powers, duties, and authority of certain fiduciary organizations; 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 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by adding a new Code section immediately following Code Section 48-7-29.8 to be designated as Code Section 48-7-29.9, to read as follows:
'48-7-29.9. (a) There shall be allowed to each charitable donor making a contribution to a reserve account on behalf of an individual development account program pursuant to Article 7 of Chapter 8 of Title 50 an income tax credit with respect to the income taxes imposed under this chapter in an amount equal to 50 percent of the total monetary contribution paid during such income tax year by a charitable donor to the reserve account on behalf of an individual development account program or owner in this state. (b) In no event shall the total amount of the tax credit under this Code section for a

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taxable year exceed the taxpayers income tax liability. Any unused tax credit shall be carried forward for up to five taxable years to apply to the charitable donors succeeding years tax liability. No such tax credit shall be allowed the charitable donor against prior years tax liability. (c) The commissioner shall allow the commissioner of community affairs and the fiduciary organization administering the individual development account program to allocate the available credit among the charitable donors. In no event shall the aggregate amount of credits allocated and allowed to taxpayers in any taxable year exceed $4 million. Once the credit ceiling of $4 million is reached, no further tax credits will be allocated and allowed under this Code section for that year. (d) All claims for the credit provided by subsection (a) of this Code section shall be accompanied by a certificate approved by the Department of Community Affairs and any fiduciary organization administering the individual development accounts, verifying the amount of credit allocated. (e) Moneys withdrawn by the taxpayer from an individual development account for an approved purpose, as described in Code Section 50-8-170, are excluded from the tax imposed under this chapter. A withdrawal by a taxpayer for a purpose other than such an approved purpose shall not be allowed the exclusion under this subsection. (f) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section.'
SECTION 2. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by striking Article 7, which is reserved, and inserting in its place a new Article 7 to read as follows:
'ARTICLE 7 50-8-170. (a) As used in this article, the term:
(1) "Charitable donor" means a person, business, or corporation who contributes to the reserve account for the purposes of individual development account programs in this state. (2) "Eligible individual or family member" means one whose household income is equal to or less than 80 percent of the median household income for the area or less than 200 percent of the federal poverty guidelines, whichever is greater, who enters into an agreement developed with a fiduciary organization for the establishment of an individual development account. The agreement must provide for the amount of savings deposits, the matching rate, the asset goal, and the financial literacy education classes to be completed, additional training specific to the asset, and financial counseling the individual will attend, as well as other services designed to increase the financial independence of the person through achievement of the accounts approved purpose and such other situations specified by rules and regulations of the department.

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(3) "Fiduciary organization" means any nonprofit fundraising organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, as amended; any community development financial institution certified by the Community Development Financial Institution Fund; any credit union chartered under federal or state law; or any Indian tribe as defined in Section 4(12) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. Section 4103(12)), and includes any tribal subsidiary, subdivision, or other wholly owned tribal entity. (4) "Financial institution" means a bank, trust company, savings bank, building and loan association, savings and loan company or association, credit union, or any financial institution approved by the department. (5) "Individual development account" means an account established for an eligible individual or family member as part of a qualified individual development account program by an agreement, with the following requirements:
(A) The owner of the funds in the individual development account is the individual or family member for whom the account was created; (B) The holder of the account is a qualified financial institution; (C) The assets of the account will not be commingled with other property except in a common trust fund or common investment fund; and (D) Any amount in the account will be paid out only for the purpose of paying the qualified purposes of the account owner, except if it meets the qualifications of an emergency use. (6) "Lead fiduciary organization" means a fiduciary organization that has been selected by the department to administer all or a portion of the departments responsibilities under this article. (7) "Qualified purposes" means using the account owners accumulated savings and matching funds for any of the following: (A) Securing postsecondary education, including, but not limited to, community college courses, courses at a four-year college or university, 529 college plans, or postcollege or graduate courses for the account owner or any member of the account owners family; (B) Securing postsecondary occupational training, including, but not limited to, vocational or trade school training for the account owner or any member of the account owners family; (C) Purchasing a home for a primary residence; and (D) Business capitalization. (8) "Reserve account" means a separate account for all matching funds and earnings dedicated to individual development account owners, the sole holder of which is a qualified financial institution, a qualified fiduciary organization, or an Indian tribe.
50-8-171. Once the account owner has saved for a minimum of six months, reached his or her savings goal, and fulfilled all financial literacy education components, the account

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owners savings will be matched and the total amount will be transferred from the reserve account directly to the vendor or service provider through whom the account owner is paying for a qualified purpose.
50-8-172. (a) If an emergency occurs, an account owner may withdraw all or part of the account owners deposits to an individual development account with the approval of the fiduciary organization. (b) The account owner must reimburse his or her individual development account for the amount withdrawn under this Code section within 12 months after the date of the withdrawal. Until the timely reimbursement has been made in full, an account owner may not withdraw any matching funds or accrued interest on matching funds from the reserve account. Upon a failure of an account owner to make a timely reimbursement to the individual development account, matching funds shall be forfeited. (c) If an account owner withdraws moneys from an individual development account for other than a qualified purpose, the fiduciary organization may remove the account owner from the program. (d) Before becoming eligible to draw down matching funds to pay for qualified purposes, individual development account owners must complete a financial literacy education course offered by a qualified financial institution, a qualified fiduciary organization, an Indian tribe, or a government entity. (e) In no event shall the charitable donor be able to designate an individual development account owner with whom the charitable donor shares a financial or familial relationship.
50-8-173. Deposits to individual development accounts made by the account owner shall not exceed the amount specified in the administrative rules established by the department and must come from earned income, including, but not limited to, child support payments, supplemental security income payments, disability benefits, community service under temporary assistance to needy families, and job training program stipends or such other sources as specified by the department.
50-8-174. The department may select fiduciary organizations, including a lead fiduciary organization, through competitive processes. In making the selections, the department may consider factors including, but not limited to:
(1) The ability of the fiduciary organization to implement and administer the individual development account program, including the ability to verify account owner eligibility, certify that matching funds are used only for qualified purposes, and exercise general fiscal accountability; (2) The capacity of the fiduciary organization to provide or raise matching funds for the deposits of account owners;

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(3) The capacity of the fiduciary organization to provide financial counseling, financial literacy education and training specific to the assets the account owners will be purchasing, and other related services to account owners; (4) The links the fiduciary organization has to other activities and programs designed to increase the independence of this states low-income households and individuals through education and training, home ownership, small business capitalization, and other asset building programs; and (5) The feasibility of the fiduciary organizations program design, including matching rates and savings goals, to lead to asset purchase.
50-8-175. Subject to department rules, a fiduciary organization has sole authority over, and responsibility for, the administration of individual development accounts. The responsibility of the fiduciary organization extends to all aspects of the account program, including marketing to eligible individuals and families, soliciting matching funds, counseling account owners, providing financial literacy education, and conducting required verification and compliance activities. The fiduciary organization may establish program provisions as the organization believes necessary to ensure account owner compliance with this article:
(1) A fiduciary organization may act in partnership with other entities, including businesses, government agencies, nonprofit organizations, community development corporations, community action programs, housing authorities, and congregations to assist in the fulfillment of fiduciary organization responsibilities under this article; (2) A fiduciary organization may use a reasonable portion of moneys as defined by the department allocated to the reserve account for administration, operation, and research and evaluation purposes, including, but not limited to, the purchase of data collection software such as management information system for individual development accounts; and (3) A fiduciary organization selected to administer moneys directed by the state to individual development account purposes or receiving tax deductible contributions may provide the department with an annual report based on regularly collected data of the fiduciary organizations individual development account program activity. The report may be filed no later than 90 days after the end of the fiscal year of the fiduciary organization. The report may include, but is not limited to:
(A) The number of individual development accounts administered by the fiduciary organization; (B) The amount of deposits and matching funds for each account; (C) The number of withdrawals made and purposes for withdrawals; and (D) Any other information the department may require for the purpose of making a return on investment analysis.
50-8-176. (a) Financial institutions holding individual development accounts may at a minimum:

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(1) Keep the account in the name of the account owner; (2) Permit deposits to be made in the account; and (3) Require the account to earn a specified minimum market rate of return. (b) Financial institutions holding individual development accounts may maintain the individual development accounts without charging fees for such accounts.
50-8-177. An account owners savings and matching funds shall not affect his or her eligibility for any means tested public benefits, including, but not limited to, Medicaid, state childrens health insurance programs, temporary assistance to needy families, food stamps, supplemental security income, or government subsidized foster care and adoption payments, child care, or housing payments.
50-8-178. (a) A fiduciary organization selected under this article may qualify as the recipient of donations made by charitable donors that qualify the donor for a tax credit under Code Section 48-7-29.9 so long as the fiduciary organization holds the matching funds it receives in a reserve account. (b) If federal funds under 42 U.S.C. Section 604, or other similar funds requiring a match by the grant recipient, are available to be matched using the reserve account moneys, then the amount necessary for that match may be placed in a separate reserve account that meets the requirements to draw down the federal funds under 42 U.S.C. Section 604 or other funds. (c) If an account owner is in violation of Code Section 50-8-172, then all matching funds accrued and the interest on matching funds shall revert to the fiduciary organization. (d) The department may seek cooperation from other state departments to fund the reserve account.
50-8-179. The department may make all reasonable and necessary rules to ensure the fiduciary organizations compliance with this article.'
SECTION 3. This Act shall become effective on January 1, 2005, and shall be applicable to all taxable years beginning on or after that date.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.'"
Senator Unterman of the 45th asked unanimous consent that the Senate disagree to the House amendment to the Senate amendment to HB 1414.

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The consent was granted, and the Senate disagreed to the House amendment to the Senate amendment to HB 1414.

The following bill was taken up to consider House action thereto:

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.

Senator Hamrick of the 30th asked unanimous consent that the Senate adhere to its substitute to HB 1335 and that a Conference Committee be appointed.

The consent was granted, and the President appointed as a Conference Committee the following Senators: Hamrick of the 30th, Unterman of the 45th and Harp of the 16th.

The following bill was taken up to consider the Conference Committee Report thereto:

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.

The Conference Committee Report was as follows:

The Committee of Conference on HB 1325 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1325 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

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/s/ Senator Hamrick of the 30th /s/ Senator Kemp of the 46th /s/ Senator Stephens of the 51st

/s/ Representative McBee of the 74th /s/ Representative Gardner of the 42nd, Post 3 /s/ Representative Porter of the 119th

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1325

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 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; to delete an obsolete reference; to revise and add definitions; 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 loss of eligibility for the HOPE scholarship for any part-time students under certain conditions; to provide for restoration of such eligibility; to provide for courses taken as postsecondary options to be included in HOPE hour limits; to provide for a set amount for mandatory fees for HOPE scholarships and HOPE grants; to provide for changes to the amount of HOPE scholarships at private institutions for students enrolled less than full-time; 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 provide for exceptions; to create the HOPE Scholarship/Pre-K Legislative Oversight Committee; to provide for membership and duties of such oversight committee; to provide that employees of certain organizations are considered residents of Georgia for purposes of the HOPE program; to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to disposition of lottery proceeds, budget report by Governor, appropriations by General Assembly, and shortfall reserve subaccount, so as to provide for changes to the amount of book allowances and fees for a HOPE scholarship or grant 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. 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

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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 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

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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: (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

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postsecondary education, is amended by striking paragraphs (6), (11), (13), (21), and (22) of Code Section 20-3-519, relating to definitions relative to HOPE scholarships and grants, and inserting in lieu thereof the following:
"(6) 'Eligible high school' means a public or private secondary school which is: (A) Located in Georgia and accredited as such by: (i) The Southern Association of Colleges and Schools; (ii) The Georgia Accrediting Commission; (iii) The Georgia Association of Christian Schools; (iv) The Association of Christian Schools International; (v) The Georgia Private School Accreditation Council; or (vi) The Accrediting Commission for Independent Study; or(vii) The Southern Association of Independent Schools; or (B) Located in another state and accredited by one of the following regional agencies: (i) The Southern Association of Colleges and Schools; (ii) The New England Association of Schools and Colleges; (iii) The Middle States Association of Colleges and Schools; (iv) The North Central Association of Colleges and Schools; (v) The Northwestern Association of Schools and Colleges; (vi) The Western Association of Schools and Colleges; or (vii) The Alabama Independent School Association; or (viii) The Southern Association of Independent Schools."
"(11) 'Full-time student' means a matriculated student attending a postsecondary educational institution and enrolled for the equivalent of at least 12 quarter or semester hours or the equivalent in any given semester or quarter." "(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." "(21) 'Quarter hours' includes each quarter hour attempted, whether remedial or for credit toward a degree, but shall not include any quarter hour attempted or completed before graduating from high school or earning a general educational development (GED) certificate, or diploma. (22) 'Semester hours' includes each semester hour attempted, whether remedial or for credit toward a degree, but shall not include any semester hour attempted before graduating from high school or earning a general educational development (GED) certificate, or diploma."
SECTION 3. Said chapter is further amended by adding new paragraphs (12.1) and (19.1) to Code Section 20-3-519, relating to definitions relative to HOPE scholarships and grants, to read as follows:
"(12.1) 'Half-time student' means a matriculated student attending a postsecondary educational institution and enrolled for six to 11 semester hours or the equivalent in any given semester or quarter."

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"(19.1) 'Part-time student' means a matriculated student attending a postsecondary educational institution and enrolled for less than 12 semester hours or the equivalent in any given semester or quarter and who has never been enrolled for 12 or more semester hours or the equivalent in any given semester or quarter."
SECTION 4. 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 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

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(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 institution:
(i) At the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours if such student is a full-time student; or (ii) At the end of three consecutive quarters or semesters if such student is a parttime student and has maintained part-time student status for three consecutive quarters or semesters; 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 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

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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) A full-time 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 full-time student who regains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the full-time student has attempted 90 quarter hours or 135 quarter hours or 60 semester hours or 90 semester hours may requalify for a HOPE scholarship. (B) An otherwise eligible part-time student who regains or attains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the part-time student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours may attain or 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 or at the end of three consecutive quarters or semesters for a part-time student pursuant to paragraph (2) of subsection (b) of this Code section 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) For students eligible for a HOPE scholarship under this Code section, no minimum

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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. (3) For purposes of this subsection, attempted hours shall include hours for courses taken pursuant to Code Section 20-2-161.1. (h)(1) 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, except as otherwise provided for in paragraph (2) of this subsection. (2) Effective beginning with the fall quarter or semester commencing after July 1, 2004, the amount of mandatory fees paid shall be equal to such amount or amounts that were paid on January 1, 2004, except as otherwise provided for in Code Section 50-27-13." SECTION 5.
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

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general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993, provided that 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 at least a half-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 institution: (i) At the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours if such student is a full-time student; or (ii) At the end of three consecutive quarters or semesters if such student is a halftime student and has maintained part-time student status for three consecutive quarters or semesters; 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

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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 at least a half-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 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 at least a half-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

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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 at least a half-time student for 14 days or more after the last day of the institutions drop and add period. (e)(1)(A) An otherwise eligible full-time 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 full-time student who regains a cumulative grade point average of at least 3.0 at end of the quarter or semester in which the full-time student has attempted 90 quarter hours or 60 semester hours may requalify for a HOPE scholarship. A full-time student who regains a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the full-time student has attempted 135 quarter hours or 90 semester hours may requalify for a HOPE scholarship. (B) An otherwise eligible half-time student who regains or attains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the half-time student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours may attain or 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 or at the end of three consecutive quarters or semesters for a half-time student pursuant to paragraph (2) of subsection (b) of this Code section 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. (3) For purposes of this subsection, attempted hours shall include hours for courses

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taken pursuant to Code Section 20-2-161.1. (g)(1) Except as provided for in paragraph (2), subject 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. (2) Effective beginning with the fall quarter or semester commencing after July 1, 2004, 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 $1,500.00 for half-time enrollment and $3,000.00 for full-time enrollment for any academic year."
SECTION 6. 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 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 7. 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

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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)(1) 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, except as otherwise provided for in paragraph (2) of this subsection. (2) Effective beginning with the fall quarter or semester commencing after July 1, 2004, the amount of mandatory fees paid shall be equal to such amount or amounts that were paid on January 1, 2004, except as otherwise provided for in Code Section 50-27-13. (e) No student may receive HOPE grants for more than 95 quarter hours or 63 semester hours of attempted coursework, except as provided for in subsection (f) of this Code section. 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. For purposes of this subsection, attempted hours shall include hours for courses taken pursuant to Code Section 20-2161.1. (f) A student enrolled in a diploma program designed to be more than 95 quarter hours or 63 semester hours in length is eligible to receive a HOPE grant for the lesser of: (1) A total of 130 attempted quarter hours or 86 attempted semester hours; or (2) The number of hours required for graduation."
SECTION 8. Said chapter is further amended by adding a new Code section to read as follows:
"20-3-519.13. (a) There is created as a joint committee of the General Assembly the HOPE Scholarship/Pre-K Legislative Oversight Committee, to be composed of three members of the House Committee on Higher Education and three members of the House Committee on Education, to be appointed by the Speaker of the House of Representatives; and three members of the Senate Higher Education Committee and three members of the Senate Education Committee, to be appointed by the Committee on Assignments. The chairpersons of the House Committee on Higher Education and the Senate Higher Education Committee shall serve as cochairpersons for the oversight committee. The oversight committee shall study, inquire into, and review the

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operations of the Georgia Student Finance Commission with respect to the administration of HOPE scholarships and grants under this part, as well as review and evaluate the conditions, needs, and issues of the HOPE scholarship and grant program as provided for under this part, Georgias Pre-K program, and any other programs that receive funds from the Lottery for Education Account, as provided for in Article 1 of Chapter 27 of Title 50. Such study and review shall be conducted during the first year of each biennium of the General Assembly so as to determine whether any legislative action may be necessary. The oversight committee may conduct any independent audit or investigation of the commission or any other appropriate agency it deems necessary. (b) The Georgia Student Finance Commission and the Department of Early Care and Learning shall provide the oversight committee with a complete report of the HOPE scholarship and grant program and the Georgia Pre-K Program no later than December 1 of each year. The committee may request and receive reports from any appropriate agency in order to conduct activities pursuant to subsection (a) of this Code section. (c) The Georgia Student Finance Commission shall submit to the HOPE Scholarship/Pre-K Legislative Oversight Committee, no later than December 31, 2004, a proposed plan of implementation regarding the requirements of subsection (b) of Code Section 20-2-157 and the implications that will result from such changes to the reporting system. Such plan shall contain any information designated by the oversight committee, which shall include, but not be limited to, the following:
(1) All criteria relating to academic qualifications proposed by the commission which will be used to make a determination of whether a student qualifies for a HOPE scholarship or grant under subsection (b) of Code Section 20-2-157; (2) Procedures to provide notice and guidance to local school systems and private schools as to the effect of the change in the grading system established by subsection (b) of Code Section 20-2-157; and (3) Methods to encourage local school systems and private schools to review and address their grading scales in light of the change in the grading system established by subsection (b) of Code Section 20-2-157. The HOPE Scholarship/Pre-K Legislative Oversight Committee shall review the proposed plan of implementation."
SECTION 9. Said chapter is further amended by adding a new Code section to read as follows:
"20-3-519.14. Any residency requirements established pursuant to this part shall provide, at a minimum, that full-time Georgia employees of Free Trade Area of the Americas (FTAA) based in Georgia that are recognized by the United States Department of State, and their spouses and dependents, shall be classified as residents of Georgia."
SECTION 10. Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to disposition

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of lottery proceeds, budget report by the Governor, appropriations by the General Assembly, and the shortfall reserve subaccount, is amended by inserting a new paragraph (5) of subsection (b) to read as follows:
"(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)(i) In the event that the year-end balance of a fiscal year is less than the yearend 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 not exceed $150.00 per year beginning in the next fiscal year and thereafter. This provision shall not apply to students who are eligible to participate in the federal Pell Grant program. (ii) 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 book allowances under Part 7 of Article 7 of Chapter 3 of Title 20 shall be eliminated beginning in the subsequent fiscal year and thereafter. This provision shall not apply to students who are eligible to participate in the federal Pell Grant program. (iii) In the event that the year-end 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 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."

SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

Senator Hamrick of the 30th moved that the Senate adopt the Conference Committee Report on HB 1325.

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 Y Harp N Henson E Hill Y Hooks Y Hudgens N Jackson Y Johnson Y Kemp,B Y Kemp,R

N Seay Y Shafer N Smith,F Y Smith,P N Squires N Starr Y Stephens N Stokes Y Tanksley N Tate

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Y Clay Y Collins Y Crotts N Dean N Fort Y Gillis N Golden Y Hall Y Hamrick

Lamutt Y Lee Y Levetan N Me V Bremen Y Moody Y Mullis Y Price N Reed Y Seabaugh

Y Thomas,D N Thomas,N N Thomas,R N Thompson Y Tolleson Y Unterman Y Williams
Zamarripa

On the motion, the yeas were 32, nays 21; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1325.

The following resolutions were read and adopted:

HR 1935. By Representatives Mitchell of the 61st, Post 3, Smyre of the 111th, Hugley of the 113th, Stanley-Turner of the 43rd, Post 2, Anderson of the 100th and others:

A RESOLUTION recognizing and supporting "Take a Loved One to the Doctor Day"; and for other purposes.

SR 1112. By Senator Harbison of the 15th:

A RESOLUTION recognizing and commending Karen Hartin for her outstanding contributions to public education in the State of Georgia and for receiving the Woodall Center Teacher of the Year award; and for other purposes.

SR 1113. By Senator Harbison of the 15th:

A RESOLUTION recognizing and commending Cynthia Holloway for her outstanding contributions to public education in the State of Georgia and for receiving the Wesley Heights Elementary School Teacher of the Year award; and for other purposes.

SR 1114. By Senator Harbison of the 15th:

A RESOLUTION recognizing and commending Mr. Terry Tew for his outstanding contributions to public education in the State of Georgia and for receiving the Waddell Elementary School Teacher of the Year award; and for other purposes.

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SR 1115. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Barbara Jones for her outstanding contributions to public education in the State of Georgia and for receiving the Teenage Parenting Program Teacher of the Year award; and for other purposes.
SR 1116. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Sarah Guthrie for her outstanding contributions to public education in the State of Georgia and for receiving the St. Mary's Video and Communications Technology Magnet Academy Teacher of the Year award; and for other purposes.
SR 1117. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Mia Rice for her outstanding contributions to public education in the State of Georgia and for receiving the St. Elmo Center for the Gifted Teacher of the Year award; and for other purposes.
SR 1118. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Felicita Pescia for her outstanding contributions to public education in the State of Georgia and for receiving the Spencer High School Teacher of the Year award; and for other purposes.
SR 1119. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Dorothy Williams for her outstanding contributions to public education in the State of Georgia and for receiving the South Columbus Elementary School Teacher of the Year award; and for other purposes.
SR 1120. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Mr. Mac McKeown for his outstanding contributions to public education in the State of Georgia and for receiving the Shaw High School Teacher of the Year award; and for other purposes.

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SR 1121. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Mr. Randall Grimes for his outstanding contributions to public education in the State of Georgia and for receiving the Rothschild Middle School Teacher of the Year award; and for other purposes.
SR 1122. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Mr. Lee Cooper for his outstanding contributions to public education in the State of Georgia and for receiving the Midland Elementary School Teacher of the Year award; and for other purposes.
SR 1123. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Orlean Baulkmon for her outstanding contributions to public education in the State of Georgia and for receiving the Dawson Elementary School Teacher of the Year award; and for other purposes.
SR 1124. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Carol Wingard for her outstanding contributions to public education in the State of Georgia and for receiving the Columbus High School Teacher of the Year award; and for other purposes.
SR 1125. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Charlene Coleman for her outstanding contributions to public education in the State of Georgia and for receiving the Clubview Elementary School Teacher of the Year award; and for other purposes.
SR 1126. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Shirley Bouie for her outstanding contributions to public education in the State of Georgia and for receiving the Carver Integrated Math/Science/Technology Magnet School Teacher of the Year award; and for other purposes.

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SR 1127. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Amelia Hall for her outstanding contributions to public education in the State of Georgia and for receiving the Brewer Elementary School Teacher of the Year award; and for other purposes.
SR 1128. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Thelma Anderson for her outstanding contributions to public education in the State of Georgia and for receiving the Eddy Middle School Teacher of the Year award; and for other purposes.
SR 1129. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Loretta Mindingall for her outstanding contributions to public education in the State of Georgia and for receiving the Rose Hill Center/Daniel Alternative Middle School Teacher of the Year award; and for other purposes.
SR 1130. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Dorothy Santini for her outstanding contributions to public education in the State of Georgia and for receiving the Rigdon Road Elementary School Teacher of the Year award; and for other purposes.
SR 1131. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Kathy Hesler for her outstanding contributions to public education in the State of Georgia and for receiving the Richards Middle School Teacher of the Year award; and for other purposes.
SR 1132. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Marie Massey for her outstanding contributions to public education in the State of Georgia and for receiving the Reese Road Elementary School Teacher of the Year award; and for other purposes.

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SR 1133. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Mr. Eddie Lindsey for his outstanding contributions to public education in the State of Georgia and for receiving the Northside High School Teacher of the Year award; and for other purposes.
SR 1134. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Donna Thomas for her outstanding contributions to public education in the State of Georgia and for receiving the Muscogee Elementary School Teacher of the Year award; and for other purposes.
SR 1135. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Shirley Paulk for her outstanding contributions to public education in the State of Georgia and for receiving the Midland Middle School Teacher of the Year award; and for other purposes.
SR 1136. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Dorothy McGhee for her outstanding contributions to public education in the State of Georgia and for receiving the Mathews Elementary School Teacher of the Year award; and for other purposes.
SR 1137. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Valerie Pitts for her outstanding contributions to public education in the State of Georgia and for receiving the Martin Luther King, Jr. Elementary School Teacher of the Year award; and for other purposes.
SR 1138. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Brenda Shelton for her outstanding contributions to public education in the State of Georgia and for receiving the Marshall Middle School Teacher of the Year award; and for other purposes.

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SR 1139. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Mary Ellen Taylor for her outstanding contributions to public education in the State of Georgia and for receiving the Key Elementary School Teacher of the Year award; and for other purposes.
SR 1140. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Carolyn Randolph for her outstanding contributions to public education in the State of Georgia and for receiving the Kendrick High School Teacher of the Year award; and for other purposes.
SR 1141. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Amy Parker for her outstanding contributions to public education in the State of Georgia and for receiving the Johnson Elementary School Teacher of the Year award; and for other purposes.
SR 1142. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Andi Campbell for her outstanding contributions to public education in the State of Georgia and for receiving the Hardaway High School Teacher of the Year award; and for other purposes.
SR 1143. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Sherry Ellison for her outstanding contributions to public education in the State of Georgia and for receiving the River Road Elementary School Teacher of the Year award; and for other purposes.
SR 1144. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Jennifer Rutledge for her outstanding contributions to public education in the State of Georgia and for receiving the Blanchard Elementary School Teacher of the Year award; and for other purposes.

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SR 1145. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Kim Casleton for her outstanding contributions to public education in the State of Georgia and for receiving the Blackmon Road Middle School Teacher of the Year award; and for other purposes.
SR 1146. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Sara Davis for her outstanding contributions to public education in the State of Georgia and for receiving the Baker Middle School Teacher of the Year award; and for other purposes.
SR 1147. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Amy Thompson for her outstanding contributions to public education in the State of Georgia and for receiving the Allen Elementary School Teacher of the Year award; and for other purposes.
SR 1148. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Mr. Gene Avery for his outstanding contributions to public education in the State of Georgia and for receiving the Academic Success Center Teacher of the Year award; and for other purposes.
SR 1149. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Mr. Jack Reynolds for his outstanding contributions to public education in the State of Georgia and for receiving the Arnold Magnet Academy Teacher of the Year award; and for other purposes.
SR 1150. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Mr. Ben Travers for his outstanding contributions to public education in the State of Georgia and for receiving the J. D. Davis Elementary School Teacher of the Year award; and for other purposes.

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SR 1151. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Mr. Tim Vinson for his outstanding contributions to public education in the State of Georgia and for receiving the Jordan High School Teacher of the Year award; and for other purposes.
SR 1152. By Senator Harbison of the 15th:
A RECOLUTION recognizing and commending Cheryl Hampel for her outstanding contributions to public education in the State of Georgia and for receiving the Eastway Elementary School Teacher of the Year award; and for other purposes.
SR 1153. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Jennifer Oliver for her outstanding contributions to public education in the State of Georgia and for receiving the Double Churches Middle School Teacher of the Year award; and for other purposes.
SR 1154. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Claire Bedingfield for her outstanding contributions to public education in the State of Georgia and for receiving the Double Churches Elementary School Teacher of the Year award; and for other purposes.
SR 1155. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Brenda Deason for her outstanding contributions to public education in the State of Georgia and for receiving the Dimon Science, Mathematics and Resource Technology Magnet Academy Teacher of the Year award; and for other purposes.
SR 1156. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Jelynn Horne for her outstanding contributions to public education in the State of Georgia and for receiving the Britt David Computers Unlimited Magnet Academy Teacher of the Year award; and for other purposes.

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SR 1157. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Deborah Overby for her outstanding contributions to public education in the State of Georgia and for receiving the Benning Hills Elementary School Teacher of the Year award; and for other purposes.
SR 1158. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Susan Skaff for her outstanding contributions to public education in the State of Georgia and for receiving the East Columbus Magnet Academy Teacher of the Year award; and for other purposes.
SR 1159. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Patricia Pratt-King for her outstanding contributions to public education in the State of Georgia and for receiving the Hannan Elementary Magnet Academy Teacher of the Year award; and for other purposes.
SR 1160. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Elaine McKenzie for her outstanding contributions to public education in the State of Georgia and for receiving the Georgetown Elementary School Teacher of the Year award; and for other purposes.
SR 1161. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Pamela Parker for her outstanding contributions to public education in the State of Georgia and for receiving the Gentian Elementary School Teacher of the Year award; and for other purposes.
SR 1162. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Christina Penton for her outstanding contributions to public education in the State of Georgia and for receiving the Edgewood Elementary School Teacher of the Year award; and for other purposes.

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SR 1163. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Cathy Dunn for her outstanding contributions to public education in the State of Georgia and for receiving the Downtown Elementary Core Knowledge and Computers Magnet Academy Teacher of the Year award; and for other purposes.
SR 1164. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Debbie Green for her outstanding contributions to public education in the State of Georgia and for receiving the Fox Elementary School Teacher of the Year award; and for other purposes.
SR 1165. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Kerri Deal for her outstanding contributions to public education in the State of Georgia and for receiving the Fort Middle School Teacher of the Year award; and for other purposes.
SR 1166. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Beth Smith for her outstanding contributions to public education in the State of Georgia and for receiving the Forrest Road Elementary School Teacher of the Year award; and for other purposes.
SR 1167. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Jennifer Barringer for her outstanding contributions to public education in the State of Georgia and for receiving the Wynnton Elementary School Teacher of the Year award; and for other purposes.
SR 1168. By Senator Adelman of the 42nd:
A RESOLUTION commending Donna Jean Brogan; and for other purposes.
SR 1169. By Senators Gillis of the 20th, Johnson of the 1st, Williams of the 19th, Starr of the 44th and Stephens of the 51st:
A RESOLUTION commending Carlton Warnock; and for other purposes.

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SR 1170. By Senator Lee of the 29th:

A RESOLUTION commending Mr. Joseph Nathan Watson and recognizing him as a 2003 Truman Scholar; and for other purposes.

SR 1171. By Senator Lee of the 29th:

A RESOLUTION commending the Georgia Institute of Technology Beta Alpha Chapter of Theta Xi and recognizing its induction into the American Red Crosss Baxter Donation Hall of Fame; and for other purposes.

SR 1172. By Senators Thompson of the 33rd, Clay of the 37th, Tanksley of the 32nd and Lamutt of the 21st:

A RESOLUTION celebrating the lives of Robert L. and Sally Thompson and commending them for their many contributions to south Cobb County; and for other purposes.

SR 1173. By Senator Harbison of the 15th:

A RESOLUTION recognizing and commending Hildagine Manio for her outstanding contributions to public education in the State of Georgia and for receiving the Cusseta Road Elementary School Teacher of the Year award; and for other purposes.

SR 1174. By Senator Thomas of the 10th:

A RESOLUTION recognizing and commending Toney Elementary School; and for other purposes.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the Senate:

SB 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

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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.

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.

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 House has adopted by the requisite constitutional majority the following Resolutions 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.

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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.

Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the Senate:

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.

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.

The House has disagreed to the Senate amendment to the following Bill of the House:

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.

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The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:

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.

The following resolution was read and adopted:

SR 1175. By Senator Balfour of the 9th:

A RESOLUTION commending Agnes Doster; and for other purposes.

Senator Balfour of the 9th introduced Agnes Doster, commended by SR 1175. Agnes Doster addressed the Senate briefly.

The President appointed Senators Johnson of the 1st, Stephens of the 51st and Meyer von Bremen of the 12th as a Committee of Escort to accompany the Governor to the Senate Chamber for the purpose of delivering closing remarks on the 2004 Session of the General Assembly.

The following bill was taken up to consider House action thereto:

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.

Senator Reed of the 35th moved that the Senate recede from its amendment to HB 1568.

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On the motion, a roll call was taken and the vote was as follows:

Y Adelman Balfour
Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler E 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
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 Y Unterman Y Williams
Zamarripa

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate receded from its amendment to HB 1568.

The following bill was taken up to consider House action thereto:

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.

The House substitute was as follows:

A BILL TO BE ENTITLED AN ACT

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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 for the transfer of certain positions in such courts on the effective date of this Act; 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 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, is repealed in its entirety and such courts created pursuant to such Act are abolished.
SECTION 2. On the effective date of this Act, all cases and matters pending in any court abolished by Section 1 of this Act shall be transferred to the municipal court of the city in which such abolished court was located. The chief judge of such municipal court shall then transfer those cases over which the municipal court does not have jurisdiction to the appropriate court. All records, books, minutes, files, and documents relating to such cases or prior cases of the city court shall be likewise transferred. This Act shall be applicable only with an executed intergovernmental agreement between all affected jurisdictions.
SECTION 3. On the effective date of this Act, each judge of a court abolished by Section 1 of this Act shall become a judge in the municipal court of the city in which such abolished court was located and shall be subject to retention until the expiration of the judges current term of office. On the effective date of this Act, each judge pro hac vice or senior judge of a court abolished by Section 1 of this Act shall become a judge pro hac vice in the municipal court of the city in which such abolished court was located and shall retain such position until at least December 31, 2010.
SECTION 4. This Act shall become effective on January 1, 2005.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Reed of the 35th moved that the Senate agree to the House substitute to SB 497.

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On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour
Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler E 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
Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Seay Y Shafer Y Smith,F
Smith,P Squires Y Starr Y Stephens Stokes Tanksley Y Tate Y Thomas,D Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 497.

The following resolutions were read and adopted:

SR 1104. By Senator Stephens of the 51st:

A RESOLUTION commending Honorable Charles B. "Charlie" Tanksley; and for other purposes.

The President recognized Senator Charlie Tanksley of the 32nd, commended by SR 1104. Senator Tanksley addressed the Senate briefly.

SR 1108. By Senators Meyer von Bremen of the 12th, Thompson of the 33rd, Brown of the 26th, Seay of the 34th, Adelman of the 42nd, Zamarripa of the 36th and others:

A RESOLUTION commending Honorable Nadine Thomas; and for other purposes.

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Senator Brown of the 26th recognized Senator Nadine Thomas of the 10th, commended by SR 1108, adopted previously. Senator Thomas of the 10th addressed the Senate briefly.

SR 1206. By Senators Bowen of the 13th, Lee of the 29th, Seabaugh of the 28th, Hamrick of the 30th and Dean of the 31st:

A RESOLUTION honoring and remembering the life of Georgia State Patrol Trooper Tony M. Lumley; and for other purposes.

SR 1105. By Senator Stephens of the 51st:

A RESOLUTION commending Honorable Tom Price; and for other purposes.

The President recognized Senator Tom Price of the 56th, commended by SR 1105. Senator Price addressed the Senate briefly.

The following bill was taken up to consider the Conference Committee Report thereto:

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 Conference Committee Report was as follows:

The Committee of Conference on HB 1766 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1766 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

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/s/ Senator Bulloch of the 11th /s/ Senator Unterman of the 45th /s/ Senator Hudgens of the 47th

/s/ Representative James of the 114th /s/ Representative Ray of the 108th /s/ Representative Black of the 144th

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1766

A BILL TO BE ENTITLED AN ACT

To amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Agricultural Commodities Commission for Beef and provide for its members, powers, duties, and procedures; to define certain terms; to provide for marketing orders and assessments related thereto; to provide penalties for violations; to provide for enforcement; to strike the reserved designation of Chapter 15; to provide for development of aquaculture of pacific white shrimp; to provide a short title; to define certain terms; to create the Pacific White Shrimp Aquaculture Development Advisory Council and provide for its membership, powers, and duties; to regulate aquaculture of pacific white shrimp; to provide for registration; to provide for rules and regulations; to provide for enforcement; to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to definitions relative to said title; to change certain provisions relating to permits for liberation of wildlife or liberation of domestic fish; to change certain provisions relating to sale of fish by commercial fish hatcheries, sale of game fish, bill of sale or lading for possession of certain game fish and domestic fish, and sale of diseased fish; to change certain provisions relating to licensing of wholesale and retail fish dealers and sale, transportation into state, or possession of live fish and fish eggs; to change certain provisions relating to definitions relative to aquaculture development; to provide effective dates; to provide for a contingent repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended in Chapter 8, relating to agricultural commodities promotion, by adding a new article to read as follows:
"ARTICLE 4 2-8-90. This article shall apply only to the Agricultural Commodity Commission for Beef.

2-8-91. As used in this article, the term:

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(1) 'Advertising and sales promotion' means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification, or removal of trade barriers which restrict the normal flow of beef to market and may include the presentation of facts to and negotiations with state, federal, or foreign governmental agencies on matters which affect the marketing of beef included in any marketing order made effective pursuant to this article. (2) 'Beef' means flesh of cattle and beef products. (3) 'Beef products' means edible products produced in whole or in part from beef, excluding milk and products made therefrom. (4) 'Cattle' means live domesticated bovine animals, regardless of age. (5) 'Commission' means the Agricultural Commodity Commission for Beef created under this article. (6) 'Market agent' means any person who sells, offers for sale, markets, distributes, trades, or processes cattle that have been purchased or acquired from a producer or that are marketed on behalf of a producer or any meat packing firm or its agent that purchases or consigns to purchase cattle. (7) 'Marketing order' means an order issued pursuant to this article prescribing rules and regulations governing producer marketing or the processing, distributing, or handling in any manner of cattle or beef within this state or establishing an assessment for financing the programs established under this article. (8) 'Person' means an individual, firm, corporation, association, or any other business unit or any combination thereof and includes any state agency which engages in any of the commercial activities regulated pursuant to this article. (9) 'Producer' means any person who owns or acquires ownership of cattle, except that a person shall not be considered to be a producer if the persons only share in the proceeds of a sale of cattle or beef is a sales commission, handling fee, or other service fee. (10) 'Producer marketing' or 'marketed by producers' means any or all operations performed by any producer in preparing for market and includes selling, delivering, or disposing of, for commercial purposes, cattle which he or she has produced to any market agent as defined in this Code section. (11) 'Retailer' means any person who purchases or acquires beef for resale at retail to the general public for consumption off the premises; however, such person shall also be included within the definition of 'market agent,' as set forth in this Code section, to the extent that he or she engages in the business of a market agent as defined in this Code section.
2-8-92. (a) The Agricultural Commodity Commission for Beef shall be composed of 11 members as follows:
(1) Six members who shall be producers actively engaged in the beef cattle business; (2) Three members who shall own or have significant interest in a business actively engaged in the marketing of cattle; and

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(3) Two members who shall be producers actively engaged in the dairy cattle business. The initial members of the commission shall be appointed by a committee consisting of the Commissioner, the chairperson of the House of Representatives Committee on Agriculture and Consumer Affairs, and the chairperson of the Senate Agriculture and Consumer Affairs Committee. Prior to making such appointments, the committee shall seek significant input from members of the cattle industry. (b)(1) Initial appointments of those members described in paragraph (1) of subsection (a) of this Code section shall be made for two members for a term of two years each from the effective date of this article and until their successors are elected and qualified, two members for a term of three years each from the effective date of this article and until their successors are elected and qualified, and two members for a term of four years each from the effective date of this article and until their successors are elected and qualified. Thereafter, successors shall be elected for a term of three years each and until their successors are elected and qualified. (2) Initial appointments of those members described in paragraph (2) of subsection (a) of this Code section shall be made for one member for a term of two years from the effective date of this article and until a successor is elected and qualified, one member for a term of three years from the effective date of this article and until a successor is elected and qualified, and one member for a term of four years from the effective date of this article and until a successor is elected and qualified. Thereafter, successors shall be elected for a term of three years each and until their successors are elected and qualified. (3) Initial appointments of those members described in paragraph (3) of subsection (a) of this Code section shall be made for one member for a term of three years from the effective date of this article and until a successor is elected and qualified and one member for a term of four years from the effective date of this article and until a successor is elected and qualified. Thereafter, successors shall be elected for a term of three years each and until their successors are elected and qualified. (4) Any successor shall be elected by a plurality of valid votes cast by producers in an election for such office which shall be conducted by the commission. Any producer of record with the commission shall be eligible to vote in any such election, but candidates must meet the qualification specified in paragraph (1), (2), or (3) of subsection (a) of this Code section, as applicable, for the office for which the election is conducted. The commission shall by rules and regulations provide procedures for registering qualified candidates and conducting elections. Notice of elections and qualifying periods shall be provided in the same manner as specified for hearings under paragraph (2) of subsection (b) of Code Section 2-8-100. (c) Vacancies in the offices of members shall be filled by appointment, in like manner as the appointment of initial members, for the unexpired term. Any member shall be eligible to succeed himself or herself. (d) The members of the commission shall receive compensation and reimbursement of expenses as shall be provided by the commission, and such funds shall be payable from

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the funds of the commission. (e) It shall be the duty of the Commissioner to certify to the Secretary of State the membership of the commission and each change in membership as the same occurs.
2-8-93. (a) The commission is authorized to appoint advisory boards, special committees, and individuals, including technical and clerical personnel, to advise, aid, and assist the commission in the performance of its duties. Compensation for such services shall be fixed by the commission and may be paid from the funds of the commission. The Attorney General shall represent the commission in legal matters and shall be the attorney for the commission. If the Attorney General determines that outside legal counsel is necessary or desirable in connection with any legal matter of the commission, he or she shall so inform the commission and, upon approval of the commission, he or she shall employ such outside counsel. Compensation for such outside counsel shall be agreed upon between such counsel and the Attorney General, subject to the approval of the commission. Such compensation shall be paid from the funds of the commission. Neither Code Section 16-10-9 nor any other law shall prohibit or be applicable to the employment of such counsel. (b) The commission is authorized to accept donations, gifts, and other property and to use the same for commission purposes. The commission may exercise the powers and authority conferred by law upon corporations. (c) The commission shall continue as a public corporation and instrumentality of the State of Georgia until abolished by law or until terminated by referendum. (d) The commission is authorized to acquire, lease as lessee, purchase, hold, own, and use any franchise or real or personal property, whether tangible or intangible, or any interest therein and, whenever the same is no longer required for purposes of the commission, to sell, lease as lessor, transfer, or dispose thereof or to exchange the same for other property or rights which are useful for its purposes.
2-8-94. The commission shall be a public corporation and an instrumentality of the State of Georgia. By that name, style, and title, the commission may contract and be contracted with, implead and be impleaded, and complain and defend in all courts. The commission shall name its chairperson and determine a quorum for the transaction of business. The commission shall assume the duties and exercise the authority provided in this article without further formality than that provided in this article. Each member of the commission shall be a public officer and shall take an oath of office faithfully to perform his or her duties. Such oath shall be administered by the Governor or some other person qualified to administer oaths. The fact of a members election shall be certified to the Secretary of State, who shall issue the appropriate commission under the seal of his or her office.
2-8-95.

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The commission is authorized and it shall be its duty to receive, collect, and disburse the funds of the commission.
2-8-96. Funds received by the commission under this article shall be held in trust for the commission. Such funds shall be deposited, accounted for, and disbursed in the same manner as the funds of this state but shall not be required to be deposited in the state treasury and appropriated therefrom as are other state funds. It is the express intent and purpose of this article to authorize the receipt, collection, and disbursement by the commission of such funds as trust funds of the commission without complying with the requirement applicable to funds collected for the use and benefit of the state.
2-8-97. Any persons who handle funds under this article shall be bonded with good and sufficient surety in an amount determined by the commission for the accounting of any and all funds coming into their hands. All checks, drafts, and negotiable instruments which are drawn on or payable from the funds of the Agricultural Commodity Commission for Beef shall be signed by either the chairperson or treasurer of the commission. It shall be the duty of the commission to elect annually a treasurer from among the membership of the commission. The treasurer shall have such powers and perform such duties as shall be provided by the commission.
2-8-98. The members and employees of the commission shall not be held responsible individually in any way whatsoever to any producer, market agent, or any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of the commission. The liability of the members of the commission shall be several and not joint and no member shall be liable for the default of any other member.
2-8-99. The commission is authorized to confer with and to make any information obtained pursuant to this article available to the duly constituted governmental authorities of this state, of other states, of political subdivisions of this state or other states, and of the United States who, by reason of their duties, have legitimate concern with the subject and to cooperate with all such authorities for the purpose of obtaining administrative uniformity and achieving the objectives of this article.
2-8-100. (a) The commission is authorized to issue, administer, and enforce the provisions of marketing orders.

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(b)(1) Whenever the commission has reason to believe that the issuance of a marketing order or amendments to an existing marketing order will tend to effectuate the declared policy of this chapter with respect to beef, it shall, either upon its own motion or upon the application of any producer or any organization of such persons, give due notice of and an opportunity for a public hearing upon a proposed marketing order or amendments to an existing marketing order. (2) Notice of any hearing called for such purpose shall be given by the commission by publishing a notice of such hearing for a period of not less than five days in a newspaper of general circulation published in the capital of the state and in such other newspapers as the commission may prescribe. No such public hearing shall be held prior to five days after the last day of such period of publication. The commission shall also mail a copy of such notice of hearing and a copy of such proposed marketing order or proposed amendments to all producers whose names and addresses appear upon lists of such persons on file with the commission and who may be directly affected by the provisions of such proposed marketing order or such proposed amendments. Such notice of hearing shall in all respects comply with the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (3) The hearing shall be public and all testimony shall be received under oath. A full and complete record of the proceedings at such hearing shall be made and maintained on file in the office of the commission. The hearing shall, in all respects, be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing may be conducted by the commission or by a member of the commission, as may be designated by the commission in each instance, but no decision shall be made based on hearings conducted other than by the commission itself, at which a majority of the members thereof are present, until the members of the commission have been afforded an opportunity to review the hearing record. Where the commission conducts hearings, its recommendation shall be based on the findings reached after a review of the record of the hearing. (c)(1) In order to provide the commission with accurate and reliable information with respect to the persons who may be directly affected by any proposed marketing order for beef when such information is not then on file with the commission, the commission is authorized and directed, whenever the commission has reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of this chapter or upon receipt of a written application for a hearing pursuant to subsection (b) of this Code section, to notify all market agents, by publication of a notice as required in paragraph (2) of this subsection, to file with the commission within ten days from the last date of such publication a report, properly certified, showing:
(A) The correct name and address of such market agent; (B) The quantities of cattle affected by the proposed marketing order handled by such market agent in the calendar year next preceding the filing of such report; (C) The correct names and addresses of all producers who may be directly affected by such proposed marketing order, from whom such market agent received cattle in

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the calendar year next preceding the filing of such report; and (D) The quantities of cattle received by such market agent from each such producer in the calendar year next preceding the filing of such report. (2) The notice to market agents requiring them to file a report shall be published by the commission for a period of not less than five days in a newspaper of general circulation published in the capital of the state and in such other newspaper or newspapers as the commission may prescribe. The commission shall also mail a copy of such notice to all market agents whose names and addresses appear upon the lists on file with the commission who may be directly affected by such proposed marketing order. (3) Each market agent directly affected by a proposed marketing order shall file his or her verified report with the commission within the time specified in paragraph (1) of this subsection. Failure or refusal of any market agent to file such report shall not invalidate any proceeding taken or marketing order issued. The commission is authorized and directed to proceed upon the basis of such information and reports as may otherwise be available. (4) From the reports so filed and the information so received or available to the commission, including any proper corrections, the commission shall prepare a list of the names and addresses of such producers and the quantities of cattle produced or marketed by all such producers and a list of the names and addresses of such market agents and the quantities of cattle handled by all such market agents, directly affected by such proposed marketing order or amendments thereto, in the preceding calendar year. Such lists shall constitute complete and conclusive lists for use in any finding made by the commission pursuant to subsection (a) of Code Section 2-8-102 and such findings shall be conclusive. (5) The information contained in the individual reports of market agents filed with the commission pursuant to this Code section shall not be made public in such form. The information contained in such reports may be prepared in combined form for use by the commission, its agents, or other interested persons in the formulation, administration, and enforcement of a marketing order or may be made available pursuant to court order. Such information shall not be made available to anyone for private purposes.
2-8-101. If, upon the basis of the record of testimony and documentary evidence received at the hearing provided for in Code Section 2-8-100 and the facts officially noticed therein from official publications or institutions of recognized standing, the commission determines that the issuance of a marketing order or an amendment will tend to effectuate the intent and purpose of this article, it may recommend the promulgation of a marketing order or amendment with respect to the matters specified in the hearing notice and supported by the record, containing any or all of the following provisions, but no others:
(1) Provisions for the establishment of plans for advertising and sales promotion to

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maintain present markets or to create new or larger markets for cattle raised or marketed in this state or for the prevention, modification, or removal of trade barriers which obstruct the normal flow of beef to market. The commission is authorized to prepare, issue, administer, and enforce plans for promoting the sale of beef, provided that any such plan shall be directed toward promoting and increasing the sale, use, and utilization of beef without reference to a particular brand or trade name; and provided, further, that no advertising or sales promotion program shall be issued by the commission which makes use of false or unwarranted claims in behalf of any such product or disparages the quality, value, sale, or use of any other agricultural commodity; (2) Provisions prohibiting unfair trade practices by which any producer or market agent tends toward establishment of monopoly, unfairly discriminates among customers as to price or quality, or engages in fraudulent, deceptive, or misleading representations, concealment, or other similar sharp business practices which are harmful to his, her, or its customers, injurious to competitors, likely to bring into disrepute persons generally engaged in production and handling of beef, or detrimental to the intent and purpose of this article; (3) Provisions for carrying on research studies in promoting the production, marketing, sale, use and utilization, processing, and improvement of cattle or beef or any combination thereof and for the expenditure of moneys for such purposes. In any research carried on under this paragraph, the commission shall seek the cooperation of the dean of the College of Agricultural and Environmental Sciences of the University of Georgia in selecting the research project or projects to be carried on from time to time. Insofar as practicable, the commission shall seek to have such projects carried out by the College of Agricultural and Environmental Sciences but, if the dean of the college determines that the college has no facilities for a particular project or if the commission determines that some other research agency has better facilities therefor, the project may be carried out by other research agencies selected by the commission; and (4) Provisions establishing or providing authority for establishing, either as cattle are produced or delivered by producers to market agents or as cattle or beef is handled or otherwise prepared for market or as cattle or beef is marketed by producers or market agents, an educational program designed to acquaint producers, market agents, or other interested persons with quality improvement, including sanitation practices, procedures, or methods as applied to cattle or beef.
2-8-102. (a)(1) Except as otherwise provided by subsection (i) of this Code section, no marketing order or major amendment thereto, directly affecting producers or producer marketing, issued pursuant to this article shall be made effective by the commission unless the commission finds that such marketing order or amendment thereto has been approved or favored in a referendum among producers directly affected by a majority of the valid votes cast in such referendum and the total

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number of valid votes cast represents not less than 25 percent of the total number of producers of record with the commission. (2) If the commission determines that a referendum shall be had, the commission shall establish a referendum period of 30 days. At the close of such referendum period, the commission shall count and tabulate the ballots filed during such period. If from such tabulation the commission finds that the number of producers voting in favor of such marketing order or amendment thereto is a majority of those casting valid votes and the total number of valid votes cast represents not less than 25 percent of the total number of producers of record with the commission, the commission may make such marketing order or amendment thereto effective. The commission is authorized to prescribe such additional procedures as may be necessary to conduct such referendum. (3) In the event of the failure of any proposed marketing order to be approved, no additional referendum thereon shall be held during a period of 12 months from the date of the close of the previous referendum period. (b)(1) Upon the recommendation of a majority of the members of the commission, the commission may make effective minor amendments to a marketing order. The commission may require a public hearing upon minor amendments if in its opinion the substance of such minor amendments so warrants. The commission, however, shall not be required to submit minor amendments for referendum approval. (2) In making effective major amendments to a marketing order, the commission shall follow the same procedures prescribed in this article for the institution of a marketing order. For the purpose of this article, a major amendment to a marketing order shall include, but shall not be limited to, any amendment which adds to or deletes from any such marketing order any of the following types of regulations or authorizations: (A) Authority for the establishment of plans for advertising and sales promotion of cattle or beef; (B) Authority to prohibit unfair trade practices; (C) Authority for carrying out research studies in the production, processing, or distribution of cattle or beef; (D) Authority to increase an assessment rate beyond the maximum rate authorized by the marketing order in effect; or (E) Authority to extend the application of the provisions of any marketing order to portions or uses of cattle or beef not previously subject to such provisions or to restrict or extend the application of such provisions upon the producers or market agents of such portions or uses of such cattle or beef. (3) Modification of any provisions of any marketing order in effect, for the purpose of clarifying the meaning or application of such provisions or of modifying administrative procedures for carrying out such provisions, are declared not to be a major amendment of such marketing order. (c) Upon the issuance of any order making effective a marketing order or any suspension, amendment, or termination thereof, a notice thereof shall be posted on a

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public bulletin board maintained at the offices of the commission; and a copy of such notice shall be published as the commission may prescribe. No marketing order nor any suspension, amendment, or termination thereof shall become effective until the termination of a period of five days from the date of such posting and publication. It shall also be the duty of the commission to mail a copy of the notice of such issuance to all persons directly affected by the terms of such marketing order, suspension, amendment, or termination whose names and addresses are on file in the office of the commission and to every person who files in the office of the commission a written request for such notice. (d) The commission shall have the power, consistent with this article and in accordance with marketing orders and agreements made effective under this article, to establish such general rules and regulations for uniform application to all marketing orders issued under this article as may be necessary to facilitate the administration and enforcement of such marketing orders. The provisions of subsection (c) of this Code section relative to posting, publication, and time of taking effect shall be applicable to any such general rule or regulation established pursuant to this subsection and applicable to marketing orders generally. Such notice shall be furnished by the commission for each marketing order in active operation. (e) The commission shall have the power, consistent with this article, to establish administrative rules and regulations for each marketing order issued and made effective as may be necessary to facilitate the supervision, administration, and enforcement of each such order. The provisions of subsection (c) of this Code section relative to posting, publication, mailing of notice, and time of taking effect shall be applicable to any such administrative rules and regulations. (f) Unless extended as provided in this Code section, all marketing orders issued under the authority of this article shall expire, terminate, and become of no force and effect at the expiration of five years from the date of the issuance of the original marketing order or, if such marketing order has been extended, at the expiration of five years after the date of any such extension. (g) A marketing order shall be extended for a period of five years after the date of its original expiration only if extension of such marketing order has been approved or favored in a referendum among producers directly affected by at least 60 percent of the valid votes cast in such referendum and the total number of valid votes cast represents not less than 25 percent of the total number of producers of record with the commission. (h) If the commission determines that a referendum shall be held, the commission shall establish a referendum period of 30 days, such referendum period to terminate at least 30 days prior to the expiration date of the marketing order which is the subject of such referendum. At the close of such referendum period, the commission shall count and tabulate the ballots cast during such period. If from such tabulation the commission finds that the number of producers voting in favor of the extension of such marketing order is not less than 60 percent of the total number of valid ballots cast and the total number of valid ballots cast represents not less than 25 percent of the total number of

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producers of record with the commission, then such marketing order shall be extended for a period of five years after the expiration date; otherwise, the marketing order shall expire, terminate, and be of no force and effect as provided in subsection (f) of this Code section. (i) In lieu of the procedures provided by this Code section, the commission may elect to follow the procedures and requirements provided by Code Section 2-8-23 for purposes of making marketing orders or amendments or extensions thereof effective pursuant to referendum or assent.
2-8-103. Marketing orders issued by the commission under this article may be limited in their application by prescribing the marketing areas or portions of the state in which a particular order shall be effective, provided that no marketing order shall be issued by the commission unless it embraces all persons of a like class who are engaged in a specific and distinctive agricultural industry or trade within this state.
2-8-104. (a)(1) For the purpose of providing funds to defray the necessary expenses incurred by the commission in the formulation, issuance, administration, and enforcement of each marketing order issued under this article, each such marketing order shall provide for the levying and collection of assessments in sufficient amounts to defray such expenses. Each marketing order shall indicate the maximum rate of any such assessment which may be collected and the proportion, if any, payable by each producer and market agent directly regulated or affected by such marketing order. In administering such marketing order, the commission shall adopt, from time to time, budgets to cover necessary expenses and the assessment rate necessary to provide sufficient funds. If the commission finds that each such budget and assessment rate are proper and equitable and will provide sufficient moneys to defray the necessary expenses, it may approve such budget and rate of assessment and order that each producer and market agent so assessed shall pay to the commission, at such times and in such installments as the commission may prescribe, an assessment, based upon the units in which beef is marketed or upon any other uniform basis which the commission determines to be reasonable and equitable, but in amounts which (A) in the case of producers will not exceed 2 1/2 percent of the gross dollar volume of sales of the cattle affected by all such producers regulated by such marketing order, or (B) in the case of market agents will not exceed 2 1/2 percent of the gross dollar volume of purchases of cattle affected by the marketing order from producers or of the gross dollar volume of sales of cattle affected by the marketing order and handled by all such market agents regulated by such marketing order during the period during which such marketing order is effective. (2) No assessments levied and collected under this subsection shall be used in carrying out any advertising or sales promotion plans. (b)(1) Each marketing order which authorizes the carrying out of advertising and

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sales promotion plans shall provide for the levying and collection of assessments in sufficient amounts to defray the expenses of such activities. Each such marketing order shall indicate the maximum rate of any such assessment and the proportion, if any, payable by each producer and market agent directly regulated or affected by such marketing order. The commission shall adopt budgets to cover such expenses and establish the assessment rate necessary to provide sufficient funds. If the commission finds that each such budget and assessment rate are proper and equitable and will provide sufficient moneys to defray such expenses, it may approve such budget and approve and levy such assessment. Any assessments so established shall be based upon the units in which cattle are marketed or upon any other uniform basis which the commission determines to be proper and equitable. Any assessment rates established under this subsection shall be in amounts not to exceed 4 percent of the gross dollar volume of sales by all producers or by all market agents regulated by such marketing order during the period during which such marketing order is effective. (2) Assessments levied and collected under this subsection shall be the only assessments used in carrying out advertising or sales promotion plans for purposes of this article. (3) Any producer may at any time elect not to be subject to any assessment levied for purposes of this subsection, and any producer who has so elected in accordance with this paragraph shall be exempt from levy, not be assessed, and have no liability for assessment for purposes of this subsection. Any producer who has so elected may thereafter cancel such election at any time, in which event the producers exemption shall cease. Any such election or cancellation by a producer shall be submitted in writing to the commission, in such form and manner as specified by the Commissioner. (c) At no time shall the combined amount of assessments in effect pursuant to subsections (a) and (b) of this Code section exceed $1.00 per head of cattle. (d) In the event that the commission has reason to believe that the administration of a marketing order will be facilitated or the attainment of the purposes and objectives of the marketing order will be promoted thereby, the commission is authorized to borrow money, with or without interest, to carry out any provision of any marketing order authorized by this article and may hypothecate anticipated assessment collections applicable to such respective provisions. (e) In lieu of requiring advance deposits for defraying administrative or advertising and sales promotion expenses until such time as sufficient moneys are collected for such purposes from the payment of assessments established pursuant to this Code section, the commission is authorized to receive and disburse for such purposes contributions made by producers or market agents. The commission shall not be held responsible for the repayment of such contributions, provided that whenever collections from the payment of established assessments credited to the respective marketing order accounts are sufficient so to warrant, the commission shall repay contributions or shall authorize the application of such contributions to the assessment obligations of the persons who made such contributions.

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(f)(1) Each and every market agent for which an assessment has been established by or pursuant to this article shall, at the time of purchasing or acquiring any such cattle from the producer thereof, collect from such producer the assessment established by or in accordance with this article and remit the same to the commission. The liability of such market agent under this article shall not be discharged except upon receipt of such sums by the commission. For the purpose of this subsection, to ensure compliance with this Code section, and for the administrative convenience of the commission in enforcing payment and collection of such assessments, delivery by a producer to a market agent for processing of any cattle upon which an assessment has been established shall be deemed a sale of such cattle within the meaning of this Code section; and the assessment shall thereupon attach and become due, regardless of whether such market agent actually purchases such cattle for himself or herself or only processes same for a consideration payable by the producer or another person and such cattle are thereafter sold to another person, provided that upon collection of such assessment by the market agent to whom such cattle are so delivered for processing only, no further or additional assessment shall attach or become due by reason of the subsequent sale by such producer of such processed cattle to another person or market agent. (2) This subsection shall not apply to an assessment against a producer from which such producer is exempt under subsection (b) of this Code section. (g) The commission may prescribe such rules as may be necessary and reasonable for the orderly reporting and transmitting of assessments by market agents and may take all legal action necessary to enforce payment of the same by market agents. The commission is authorized to issue executions for the same in like manner as executions are issued for ad valorem property taxes due the state. It shall be the duty of each and every sheriff of this state and their lawful deputies, upon the request of the commission, to levy and collect such executions and to make their return thereof to the commission in like manner as such tax executions are levied and return thereof made to county tax collectors and tax commissioners. The commission shall likewise be authorized to collect, by execution as provided in this subsection or otherwise, directly from the producer against whom any assessment levied under this Code section may be found due whenever it is determined that such producer has sold such affected cattle giving rise to such liability to a person other than to a market agent who has collected such assessment and is required by this Code section to remit the same to the commission. Furthermore, the commission may proceed against such producer and the purchaser of such cattle simultaneously if the purchaser is a market agent required to collect such assessment, until satisfaction is obtained. (h) Any moneys collected by the commission pursuant to this article shall be deposited in a bank or other depository approved by the commission and shall be disbursed by the commission only for the necessary expenses incurred by the commission, as approved by the commission. Funds so collected shall be deposited and disbursed in conformity with appropriate rules and regulations prescribed by the commission. All such expenditures by the commission shall be audited at least annually by the state auditor

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and a copy of such audit shall be delivered within 30 days after the completion thereof to the Governor and the commission. If the commission is abolished, any funds remaining in its hands at such time shall be used to pay the existing obligations of the commission and the expenses incurred in winding up the affairs of the commission. Any excess remaining shall escheat to the state and shall be paid into the state treasury as unclaimed trust funds. (i) Moneys deposited by the commission pursuant to this Code section which the commission determines are available for investment may be invested or reinvested by the commission as provided for funds of this state or of any retirement system created by law, provided that all moneys invested shall be invested in those areas of production that will provide a return at the highest bank interest rate available. It shall be the duty of the commission annually to review these investments and determine whether they are in compliance with this Code section.
2-8-105. (a) Any assessment levied or established in accordance with this article in such specified amount as may be determined by the commission pursuant to this article shall constitute a personal debt of every person so assessed and shall be due and payable to the commission when payment is called for by the commission. In the event of the failure of such person to pay any such assessment upon the date determined by the commission, the commission may file an action against such person in a court of competent jurisdiction for the collection thereof. (b) In the event that any producer or market agent duly assessed pursuant to this article fails to pay to the commission the amount so assessed on or before the date specified by the commission, the commission is authorized to add to such unpaid assessment an amount not exceeding 10 percent of such unpaid assessment to defray the cost of enforcing the collection of such unpaid assessment. (c) The provisions of subsection (a) of this Code section with respect to collection of assessments by action are in addition to and cumulative of the provisions of this article authorizing the issuance of executions for assessments by the commission. The 10 percent penalty authorized to be assessed upon delinquent assessments under subsection (b) of this Code section may likewise be included in any execution issued by the commission. Such remedies may be pursued concurrently until satisfaction is obtained upon either. Any penalty recovered shall become a part of the principal assessment levied and shall be for the use of the commission as are other moneys received under this article. (d) This Code section shall not apply to an assessment against a producer from which such producer is exempt under subsection (b) of Code Section 2-8-104.
2-8-106. (a) The commission may require any and all market agents subject to the provisions of any marketing order issued pursuant to this article:
(1) To maintain books and records reflecting their operations under the marketing

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order; (2) To furnish to the commission or its duly authorized or designated representatives such information as may from time to time be requested by them relating to operations under the marketing order; and (3) To permit inspection by the commission or its duly authorized or designated representatives of such portions of such books and records as relate to operations under the marketing order. (b) Information obtained by any person under this Code section shall be confidential and shall not be disclosed by him or her to any other person, except to a person with like right to obtain the information or to any attorney employed to give legal advice thereupon or by court order. (c) In order to carry out the purposes of this Code section, the commission may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for the production of books, records, or documents of any kind.
2-8-107. Any person who violates any provision of this article or any marketing order duly issued by the commission and in effect under this article or who violates any rule or regulation issued by the commission pursuant to this article or of any marketing order duly issued and effective under this article shall be civilly liable to the commission for a penalty in an amount not to exceed $500.00 for each and every violation thereof, the amount of such penalty to be fixed by the commission after notice and hearing as provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for contested cases and recoverable by a civil action brought in the name of the commission or by execution issued in like manner as for assessments provided by Code Section 2-8-104. Any moneys recovered pursuant to this Code section shall be deposited and disbursed in accordance with subsection (e) of Code Section 2-8-104 as are other moneys.
2-8-108. (a) The Attorney General of this state shall, upon complaint by the commission, or may, upon his or her own initiative if after examination of the complaint and evidence he or she believes a violation has occurred, bring an action in the superior court in the name of the commission for civil penalties or for injunctive relief, including specific performance of any obligation imposed by a marketing order or any rule or regulation issued under this article, or both, against any person violating any provisions of this article or of any marketing order or any rule or regulation duly issued by the commission under this article. (b) If it appears to the court, upon any application for a temporary restraining order, upon the hearing of any order to show cause why a preliminary injunction should not be issued, or upon the hearing of any motion for a preliminary injunction, or if the court finds in any such action that any defendant therein is violating or has violated any provision of this article or of any marketing order or any rule or regulation duly issued

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by the commission under this article, then the court shall enjoin the defendant from committing further violations and may compel specific performance of any obligation imposed by a marketing order or any rule or regulation issued by the commission under this article. It shall not be necessary in such event to allege or prove lack of an adequate remedy at law. (c) In any action brought by the Attorney General to enforce any of the provisions of this article or of any marketing order issued by the commission and effective under this article or of any rule or regulation issued by the commission pursuant to any marketing order, the judgment, if in favor of the commission, may provide that the defendant pay to the commission the costs incurred by the commission in the prosecution of such action.
2-8-109. (a) The commission on its own motion may, and upon the complaint of any interested party charging a violation of any provision of this article or of any provision of any marketing order or any rule or regulation issued by the commission and effective under this article shall, either refer the matter directly to the Attorney General of this state or to any prosecuting attorney of this state for the institution of legal proceedings thereupon or, if the commission deems it necessary or advisable, immediately call an administrative hearing, pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' governing contested cases, to consider the charges set forth in such verified complaint. (b) In case the matter is referred directly by the commission to the Attorney General or any prosecuting attorney, it shall be the duty of such officer, if after examination of the complaint and the evidence he or she believes that a violation has occurred, to bring an appropriate action or actions in a court or courts of competent jurisdiction in this state. (c) After an administrative hearing, if the commission finds that a violation has occurred, it shall enter its findings and notify the parties to such complaint. In its discretion, the commission shall either refer the matter to the Attorney General for the institution of legal proceedings or notify such parties to cease and desist from further violation. Upon the refusal or failure of such parties to comply or if the commission finds that the facts or circumstances warrant immediate prosecution, the commission shall file a complaint with the Attorney General or with any prosecuting attorney of this state requesting that such officer commence any or all actions authorized in this article against such respondent or respondents in a court of competent jurisdiction.
2-8-110. (a) Any person who willfully renders or furnishes a false or fraudulent report, statement, or record required pursuant to this article or any marketing order effective under this article shall be guilty of a misdemeanor. (b) Any market agent or other person engaged in the handling or processing of cattle or beef or in the wholesale or retail trade thereof who fails or refuses to furnish, upon request, information concerning the name and address of the person from whom he or

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she has received cattle or beef regulated by a marketing order issued and in effect under this article and the quantity of such cattle or beef received shall be guilty of a misdemeanor.
2-8-111. Any person who violates any provision of this article or any provision of any marketing order duly issued by the commission under this article shall be guilty of a misdemeanor.
2-8-112. The penalties and remedies prescribed in this article with respect to any violation mentioned shall be concurrent and alternative. Neither singly nor combined shall such penalties and remedies be exclusive; rather, either singly or combined, such penalties and remedies shall be cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided or allowed by law with respect to any such violation.
2-8-113. This article shall not be applicable to any retailer of beef except to the extent that any retailer is included within the definition of 'market agent' pursuant to paragraph (11) of Code Section 2-8-91.
2-8-114. The promulgation, adoption, and amendment of rules and regulations by the commission shall be subject to the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
PART II SECTION 2-1. Said title is further amended in reserved Chapter 15 by striking the sentence "Reserved." immediately following the chapter designation and inserting in lieu thereof the following: "2-15-1. This chapter may be cited as the 'Georgia Pacific White Shrimp Aquaculture Development Act of 2004.'
2-15-2. As used in this chapter, the term:
(1) 'Aquaculturalist' means a person or firm engaged in aquaculture. (2) 'Aquaculture' means the extensive or intensive farming of aquatic animals and aquatic plants. (3) 'Pacific white shrimp' means the species Penaeus vannamei.
2-15-3. (a) There is created the Pacific White Shrimp Aquaculture Development Advisory Council. The council shall be composed of 15 members as follows:

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(1) One member representing agriculture at large to be appointed by mutual agreement of the chairpersons of the House and Senate Committees on Agriculture and Consumer Affairs. (2) The dean of the College of Agriculture, Home Economics, and Allied Programs of Fort Valley State University or his or her representative; (3) The chairperson of the Committee on Agriculture and Consumer Affairs of the House of Representatives or his or her representative; (4) The chairperson of the Committee on Agriculture and Consumer Affairs of the Senate or his or her representative; (5) The Commissioner or his or her representative; (6) The commissioner of natural resources or his or her representative; (7) The commissioner of industry, trade, and tourism or his or her representative; and (8) Eight members to be appointed as provided by this paragraph. The President of the Senate and the Speaker of the House of Representatives each shall appoint four members as follows:
(A) Two members shall be representatives of the pacific white shrimp aquaculture industry; (B) One member shall be a representative of the aquaculture supply and equipment industry; and (C) One member shall be a representative of a private industry which is doing research in the promotion of pacific white shrimp aquaculture. Each of the nine appointed members shall be appointed for a term of two years and until a successor is appointed and assumes membership on the council. The terms of the first such appointed members shall begin on the effective date of this chapter. (b) The purpose of the council shall be to inform and advise the department and the Department of Natural Resources regarding important developments in aquaculture of pacific white shrimp. (c) The members of the council shall enter upon their duties without further act or formality. The council may make such bylaws for its government as it deems necessary but is under no duty to do so. The council may appoint working subcommittees based on identified needs. These subcommittees may consist of noncouncil members who exhibit an interest in the development of the pacific white shrimp aquaculture industry of Georgia. (d) Eight members of the council shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted the council by this chapter. No vacancy on the council shall impair the right of a quorum to transact any and all business of the council. (e) The members shall not receive compensation for their services on the council but those members who are public officials or employees shall be reimbursed from the funds of their employing department, agency, or branch of government for per diem, travel, and other expenses in the same manner and amount as they otherwise receive for performing services for their respective departments, agencies, or branches of

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government. (f) The council shall meet upon the call of its chairperson, who shall be elected by the members of the council. The chairpersons of the Committees on Agriculture and Consumer Affairs of the House of Representatives and the Senate shall serve as cochairpersons of the council until such time as a chairperson of the council is elected by the members. (g) The council is authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with this chapter which are necessary or convenient to enable it to exercise its powers, perform its duties, and accomplish the objectives and purposes of this chapter. (h) Staff support for the council shall be provided by the department and the Department of Natural Resources.
2-15-4. (a) There shall be a pacific white shrimp aquaculture program within the department. (b) The department shall make a thorough study of pacific white shrimp aquaculture and the potential for development and enhancement of such aquaculture in the state. It shall be the duty of the department to develop, distribute, and, from time to time, amend a pacific white shrimp aquaculture development plan for the State of Georgia for the purpose of facilitating the establishment and growth of economically viable pacific white shrimp aquaculture enterprises in Georgia. Such plan shall include:
(1) An evaluation of Georgias natural resources as they relate to pacific white shrimp aquaculture; (2) An evaluation of pacific white shrimp and its potential for culture in Georgia; (3) An identification of constraints to development of pacific white shrimp aquaculture in Georgia and recommendations on methods to alleviate such constraints; (4) An identification of the role of the department in supporting the pacific white shrimp aquaculture industry, including an evaluation of existing physical and personnel resources and recommendations for allocation of additional resources where needed; (5) A list of the resources, training programs, technical assistance, and other programs available to prospective pacific white shrimp aquaculturalists; (6) Recommendations for implementation of the plan; and (7) An identification of the role of other state and federal agencies in the development of the pacific white aquaculture industry. (c)(1) To aid in performing its duties under this Code section, the department shall rely upon, to the extent feasible, the Georgia Center for Aquaculture Development at Fort Valley State University as a state-wide center for providing information, conducting research and development, and technology transfer training on fresh-water and marine aquaculture in diverse production systems. (2) Middle Georgia Technical College shall collaborate, to the extent feasible, with the Georgia Center for Aquaculture Development at Fort Valley State University on

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aquaculture training.
2-15-5. (a) Any person or firm engaged in pacific white shrimp aquaculture shall apply to the department for a pacific white shrimp aquaculture registration. The lawfully obtained pacific white shrimp of an aquaculturalist registered under this chapter shall be privately owned subject to regulation by the department; provided, however, any person selling pacific white shrimp without first obtaining a pacific white shrimp aquaculture registration shall be considered to be selling 'wildlife' or 'wild animals' and shall be subject to the provisions of Title 27 governing such sale. (b) On and after January 1 of the calendar year following the year in which this chapter becomes effective, it shall be a misdemeanor for any person or firm to engage in pacific white shrimp aquaculture unless such person or firm is registered as provided by this chapter; except that this subsection shall not apply to the employees of a registered pacific white shrimp aquaculturalist.
2-15-6. The department shall register persons engaged in pacific white shrimp aquaculture under the applicable provisions of this chapter. Such registration or any renewal thereof shall expire on December 31 of each even-numbered year following registration; provided, however, that any registration shall expire 30 days following any change in the status of any information required by the provisions of this chapter or by any rule or regulation adopted pursuant to this chapter to be reported to the department. The department shall issue to registrants who update or renew their registration new certificates of registration for the full period of registration provided for in this Code section.
2-15-7. (a) All applications to the department for registration as a pacific white shrimp aquaculturalist shall:
(1) Designate an address in this state where the applicant can be personally served with legal process; (2) Contain an appointment of an agent in this state for acceptance of service of legal process, together with the agents address in this state; or (3) Contain a designation of the Secretary of State for acceptance of service of legal process. (b) A copy of such application shall be forwarded to the Secretary of State by the department. (c) The Commissioner shall by rule or regulation establish a registration fee in such amount as it reasonable and necessary to cover administrative costs.
2-15-8. The filing of an application with the department for registration as a pacific white

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shrimp aquaculturalist shall constitute an admission by the applicant that the applicant is doing business in this state.
2-15-9. (a) The Commissioner may deny registration to:
(1) Any applicant with a criminal record; (2) Any applicant who is found by the Commissioner to have violated any law or rule administered by the department or the Department of Natural Resources or any regulation or quarantine of the department or the Department of Natural Resources; or (3) A corporation, when any of its officers has a criminal record or is found by the Commissioner to have violated any law administered by the department or the Department of Natural Resources or any regulation or quarantine of the department or the Department of Natural Resources. (b) In the case of a partnership, all parties shall be considered applicants for the purpose of this Code section. (c) No registration shall be denied under this chapter without opportunity for hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
2-15-10. The Commissioner may revoke any outstanding registration where the holder of the same or any officer or agent of the holder is found by the Commissioner to have violated any law or rule administered by the department or the Department of Natural Resources or any regulation or quarantine of the department or the Department of Natural Resources, provided that no registration shall be revoked under this Code section without opportunity for hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
2-15-11. All registration certificates issued by the department shall be evidence of a registration. The department shall maintain a current list of all persons registered under this chapter.
2-15-12. (a) The Commissioner shall make and publish such rules and regulations, not inconsistent with law, as are reasonable and necessary to carry out the purposes of this chapter. (b) Such rules and regulations shall include, without limitation, best management practices that shall serve as protocols for the establishment and maintenance of responsible and sustainable pacific white shrimp aquaculture and for the protection of public health and safety, wildlife, and natural resources. By way of example only, such practices may cover site selection, site plans, stocking, disease importation management, escapement of eggs, fry, and adults, harvesting, transportation of product, effective management, food safety at the farm level, and reporting requirements. Compliance with such best management practices shall be a condition of any pacific

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white shrimp aquaculture registration certificate issued under this chapter.
2-15-13. (a) It shall be unlawful for any person to have in his or her possession pacific white shrimp obtained from a pacific white shrimp aquaculturalist without a bona fide bill of sale or lading that provides the date of transaction, identifies the seller, and details at least two of the following three criteria for pacific white shrimp: number, weight, or average length. (b) It shall be unlawful to sell pacific white shrimp produced by aquaculture which shrimp the department has determined to have diseases or parasites that would be harmful to native wildlife populations, including without limitation any viruses that may be latent in exotics but problematic if introduced into indigenous stocks. (c) Wholesale fish dealers or retail fish dealers properly licensed under Title 27 may sell pacific white shrimp obtained from a pacific white shrimp aquaculturalist registered under this chapter. (d) The Commissioner may by rule or regulation prohibit, condition, or limit the importation, possession, or sale in this state of pacific white shrimp where the same are found to be harmful to endemic wildlife populations or where the importation, possession, or sale might introduce or spread disease or parasites, including without limitation any viruses that may be latent in exotics but problematic if introduced into indigenous stocks. The Commissioner shall consult with the commissioner of natural resources to determine conditions and limitations regarding importing pacific white shrimp to protect endemic wildlife populations from disease, parasites, or other harm. (e) Any pacific white shrimp in the postlarval stage obtained for growout must be free of disease. (f) Employees or agents of the department shall confiscate any pacific white shrimp imported, purchased, or acquired by any person in violation of this Code section or any rule or regulation of the Commissioner adopted pursuant to this Code section.
2-15-14. (a) Any inspector or other person authorized to ascertain compliance with any provision of this chapter or any rule or regulation of the department pertaining to pacific white shrimp aquaculture may enter during normal business hours and inspect the premises of a pacific white shrimp aquaculturalist to determine whether such person is in compliance with the rules and regulations of the department. (b) In the event any person refuses to give his or her consent to an inspection as provided in subsection (a) of this Code section, the Commissioner or any person authorized to make inspections may seek a warrant to make an inspection as provided in this subsection:
(1) Any application for an inspection warrant shall be made to a person who is a judicial officer within the meaning of Code Section 17-5-21; (2) An inspection warrant shall be issued only upon cause and when supported by an affidavit particularly describing the place, dwelling, structure, premises, or vehicle to

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be inspected and the purpose for which the inspection is to be made. In addition, the affidavit shall contain either a statement that consent to inspect has been sought and refused or facts or circumstances reasonably justifying the failure to seek such consent. Cause shall be deemed to exist if either reasonable legislative or administrative standards for conducting a routine or area inspection are satisfied with respect to the particular place, dwelling, structure, premises, or vehicle, or there is reason to believe that a condition of nonconformity exists with respect to the particular place, dwelling, structure, premises, or vehicle; (3) An inspection warrant shall be effective for the time specified therein, but not for a period of more than 14 days, unless extended or renewed by the judicial officer who signed and issued the original warrant, upon satisfying himself or herself that such extension or renewal is in the public interest. Such inspection warrant must be executed and returned to the judicial officer by whom it was issued within the time specified in the warrant or within the extended or renewed time. After the expiration of such time, the warrant, unless executed, is void; (4) An inspection pursuant to an inspection warrant shall be made between 8:00 A.M. and 6:00 P.M. of any day or at any time during operating or regular business hours. An inspection should not be performed in the absence of an owner or occupant of the particular place, dwelling, structure, premises, or vehicle unless specifically authorized by the judicial officer upon a showing that such authority is reasonably necessary to effectuate the purpose of the regulation being enforced. An inspection pursuant to a warrant shall not be made by means of forcible entry, except that the judicial officer may expressly authorize a forcible entry where facts are shown which are sufficient to create a reasonable suspicion of a violation of this chapter or any rule or regulation promulgated pursuant to this chapter, which, if such violation existed, would be an immediate threat to health, safety, or welfare or where facts are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful. Where prior consent has been sought and refused and a warrant has been issued, the warrant may be executed without further notice to the owner or occupant of the particular place, dwelling, structure, premises, or vehicle to be inspected; (5) It shall be unlawful for any person to refuse to allow an inspection pursuant to an inspection warrant issued as provided in this subsection. Any person violating this paragraph shall be guilty of a misdemeanor; and (6) Under this subsection, an inspection warrant is an order, in writing, signed by a judicial officer, directed to the Commissioner or any person authorized to make inspections for the department, and commanding him or her to conduct any inspection authorized by any rules or regulations promulgated pursuant to this chapter. (c) The provisions of Code Section 27-1-23 shall not be applicable to any person registered under this chapter."
SECTION 2-2. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking paragraphs (23) and (77) of Code Section 27-1-2, relating to definitions

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relative to said title, and inserting in their respective places the following: "(23) 'Domestic species' means those taxa of animals which have traditionally lived in a state of dependence on and under the dominion and control of man and have been kept as tame pets, raised as livestock, or used for commercial breeding purposes, including, but not limited to, dogs, cats, horses, cattle, ratites, and chickens. Animals which live in a captive or tame state and which lack a genetic distinction from members of the same taxon living in the wild are presumptively wild animals, except that lawfully obtained farmed fish which are held in confinement in private ponds shall be known as and considered to be 'domestic fish,' but only if they are fish species which are either indigenous to Georgia or are fish species which have been recognized prior to 1992 as having an established population in Georgia waters other than private ponds; provided, however, that Morone americana, white perch, shall not be a domestic fish; and provided, further, that pacific white shrimp produced or used by and contained on the premises of a pacific white shrimp aquaculturalist registered under Code Section 2-15-6 shall not be presumed to be wild animals." "(77) 'Wildlife' means any vertebrate or invertebrate animal life indigenous to this state or any species introduced or specified by the board and includes fish, except domestic fish produced by aquaculturists registered under Code Section 27-4-255, mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks or any part thereof; except that such term does not include any domestic fish produced by aquaculturalists registered under Code Section 27-4-255 or any pacific white shrimp produced or used by and lawfully contained on the premises of a pacific white shrimp aquaculturalist as those terms are defined by Code Section 2-15-2."
SECTION 2-3. Said title is further amended by striking Code Section 27-2-14, relating to permits for liberation of wildlife or liberation of domestic fish, and inserting in lieu thereof the following:
"27-2-14. It shall be unlawful for any person to liberate any wildlife within this state or to liberate domestic fish or pacific white shrimp (Penaeus vannamei) except into private ponds, except under permit from the department; provided, however, that pen raised quail may be released for purposes of training pointing, flushing, and retrieving dogs."
SECTION 2-4. Said title is further amended by striking Code Section 27-4-75, relating to sale of fish by commercial fish hatcheries, sale of game fish, bill of sale or lading for possession of certain game fish and domestic fish, and sale of diseased fish, and inserting in lieu thereof the following:
"27-4-75. (a) It shall be unlawful to sell any fish from a commercial fish hatchery as defined in Code Section 27-1-2 unless the hatchery is licensed under Code Section 27-2-23 or

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except as follows: (1) Fish may be sold as provided in Code Section 27-4-74 or 27-4-76; and (2) Domestic fish as defined in paragraph (23) of Code Section 27-1-2 and that are produced by an aquaculturist aquaculturalist registered under Code Section 27-4-255.
(b) Except as provided in Code Section 27-4-74 and except for persons licensed as wholesale or retail fish dealers as provided in Code Section 27-4-76, it shall be unlawful for anyone other than a commercial fish hatchery licensed under Code Section 27-2-23 to sell any species of game fish. It shall also be unlawful for any person to have in his or her possession any such game fish obtained from a commercial fish hatchery, wholesale fish dealer, or retail fish dealer or domestic fish from an aquaculturist aquaculturalist registered under Code Section 27-4-255 without a bona fide bill of sale or lading which provides the date of transaction, identifies the seller, and details at least two of the following three criteria for each species of fish contained therein: number, weight, or average length. (c) It shall also be unlawful to sell fish from a commercial fish hatchery which the department has determined to have diseases or parasites which would be harmful to native fish populations."
SECTION 2-5. Said title is further amended by striking Code Section 27-4-76, relating to licensing of wholesale and retail fish dealers and sale, transportation into state, or possession of live fish and fish eggs, and inserting in lieu thereof the following:
"27-4-76. (a) It shall be unlawful to engage in the business of a wholesale or retail fish dealer, as defined in Code Section 27-1-2, without first obtaining an annual license from the department as provided in Code Section 27-2-23. Properly licensed wholesale fish dealers or retail fish dealers may sell game fish obtained from a licensed fish hatchery or domestic fish obtained from a registered aquaculturist an aquaculturalist registered under Code Section 27-4-255 or as otherwise provided in Code Section 27-4-74. Notwithstanding any other provision to the contrary, a licensed commercial fish hatchery shall not be required to obtain a license as a wholesale fish dealer or a retail fish dealer. (b) Notwithstanding subsection (a) of this Code section, nonresident persons may sell and transport fish and fish eggs into the state without being required to procure a wholesale fish dealer license where the sale and shipment are made to a wholesale fish dealer duly licensed under Code Section 27-2-23. (c) The board may by regulation prohibit or limit the importation, possession, or sale in this state of live fish or fish eggs where the same are found to be harmful to endemic fish populations or where the importation, possession, or sale might introduce or spread disease or parasites. (d) The conservation rangers or other agents or officials of the department shall confiscate any fish imported, purchased, or acquired by any person in violation of this Code section or any regulation promulgated by the board pursuant to this Code section."

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SECTION 2-6. Said title is further amended by striking paragraph (1) of Code Section 27-4-252, relating to definitions relative to aquaculture development, and inserting in lieu thereof the following:
"(1) 'Aquaculture' means the extensive or intensive farming of aquatic animals, other than pacific white shrimp as defined by Code Section 2-15-2, and aquatic plants."

PART III SECTION 3-1. (a) This part shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. (b) Part I of this Act shall become effective if and when the decision of the United States Court of Appeals for the Eighth Circuit in the case of Livestock Marketing Association v. United States Department of Agriculture, Nos. 02-2769/2832, slip. op. (8th Cir. July 8, 2003), holding the collection of mandatory assessments to pay for generic advertising of beef and beef products under the federal Beef Promotion and Research Act of 1985, 7 U.S.C. Section 2901, et seq., unconstitutional as a violation of the First Amendment to the Constitution of the United States, is affirmed by the United States Supreme Court; provided, however, that if a petition for writ of certiorari is denied in such case or such petition is granted but the decision of the United States Court of Appeals for the Eighth Circuit is not affirmed prior to July 1, 2006, Part I of this Act shall not become effective and shall stand repealed on July 1, 2006. (c) Part II of this Act shall become effective only upon the effective date of a specific appropriation of funds for purposes of said part of this Act as expressed in a line item of an appropriations Act enacted by the General Assembly.

SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.

Senator Bulloch of the 11th moved that the Senate adopt the Conference Committee Report on HB 1766.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson
Johnson Y Kemp,B

Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens
Stokes Y Tanksley

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Y Cheeks Clay
Y Collins Y Crotts Y Dean N Fort Y Gillis Y Golden Y Hall
Hamrick

Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis
Price Reed Y Seabaugh

Y Tate Y Thomas,D
Thomas,N Thomas,R Y Thompson Y Tolleson Y Unterman Williams Y Zamarripa

On the motion, the yeas were 45, nays 1; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1766.

The following bill was taken up to consider the Conference Committee Report thereto:

SB 182. By Senators Meyer von Bremen of the 12th, Johnson of the 1st and Dean of the 31st:

A BILL to be entitled an Act to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances, so as to change definitions; to clarify the procedures for imposition and collection of nuisance abatement liens; to clarify procedures relating to the collection of tax liens; to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change provisions relating to judicial in rem tax foreclosures; to incorporate changes made to Chapter 2 of Title 41; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Conference Committee Report was as follows:

The Committee of Conference on SB 182 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 182 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Shafer of the 48th /s/ Senator Moody of the 27th /s/ Senator Balfour of the 9th

/s/ Representative Bordeaux of the 125th /s/ Representative Campbell of the 39th /s/ Representative Stokes of the 72nd

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COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 182
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances, is amended by striking in its entirety Code Section 41-2-8, relating to definitions, and inserting in lieu thereof the following:
"41-2-8. As used in Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17, the term:
(1) 'Applicable codes' means (A) any optional housing or abatement standard provided in Chapter 2 of Title 8 as adopted by ordinance or operation of law, or other property maintenance standards as adopted by ordinance or operation of law, or general nuisance law, relative to the safe use of real property; (B) any fire or life safety code as provided for in Chapter 2 of Title 25; and (C) any building codes adopted by local ordinance prior to October 1, 1991, or the minimum standard codes provided in Chapter 2 of Title 8 after October 1, provided that such building or minimum standard codes for real property improvements shall be deemed to mean those building or minimum standard codes in existence at the time such real property improvements were constructed unless otherwise provided by law. (2) 'Closing' means causing a dwelling, building, or structure to be vacated and secured against unauthorized entry. (3) 'Drug crime' means an act which is a violation of Article 2 of Chapter 13 of Title 16, known as the 'Georgia Controlled Substances Act.' (4) 'Dwellings, buildings, or structures' means any building or structure or part thereof used and occupied for human habitation or commercial, industrial, or business uses, or intended to be so used, and includes any outhouses, improvements, and appurtenances belonging thereto or usually enjoyed therewith and also includes any building or structure of any design. As used in Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17, the term 'dwellings, buildings, or structures' shall not mean or include any farm, any building or structure located on a

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farm, or any agricultural facility or other building or structure used for the production, growing, raising, harvesting, storage, or processing of crops, livestock, poultry, or other farm products. (5) 'Governing authority' means the board of commissioners or sole commissioner of a county or the council, board of commissioners, board of aldermen, or other legislative body charged with governing a municipality. (6) 'Interested party' means:
(A) Owner; (B) Those parties having an interest in the property as revealed by a certification of title to the property conducted in accordance with the title standards of the State Bar of Georgia; (C) Those parties having filed a notice in accordance with Code Section 48-3-9; (D) Any other party having an interest in the property whose identity and address are reasonably ascertainable from the records of the petitioner or records maintained in the county courthouse or by the clerk of the court. 'Interested party' shall not include the holder of the benefit or burden of any easement or right of way whose interest is properly recorded which interest shall remain unaffected; and (E) Persons in possession of said property and premises. (6)(7) 'Municipality' means any incorporated city within this state. (7)(8) 'Owner' means the holder of the title in fee simple and every mortgagee of record. (8) 'Parties in interest' means: (A) Persons in possession of said property and premises; (B) Persons having of record in the county in which the dwelling, building, or structure is located any vested right, title, or interest in or lien upon such dwelling, building, or structure or the lot, tract, or parcel of real property upon which the structure is situated or upon which the public health hazard or general nuisance exists based upon a 50 year title examination conducted in accordance with the title standards of the State Bar of Georgia; (C) Persons having paid an occupational tax to the governing authority for a location or office at the subject building or structure; or (D) Persons having filed a property tax return with the governing authority as to the subject property, building, or structure. (9) 'Public authority' means any member of a governing authority, any housing authority officer, or any officer who is in charge of any department or branch of the government of the municipality, county, or state relating to health, fire, or building regulations or to other activities concerning dwellings, buildings, or structures in the county or municipality. (10) 'Public officer' means the officer or officers who are authorized by Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17 and by ordinances adopted under Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17 to exercise the powers prescribed by such ordinances or any agent of such officer or officers.

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(11) 'Repair' means altering or improving a dwelling, building, or structure so as to bring the structure into compliance with the applicable codes in the jurisdiction where the property is located and the cleaning or removal of debris, trash, and other materials present and accumulated which create a health or safety hazard in or about any dwelling, building, or structure. (12) 'Resident' means any person residing in the jurisdiction where the property is located on or after the date on which the alleged nuisance arose."
SECTION 2. Said chapter is further amended in Code Section 41-2-9, relating to county or municipal ordinances relating to unfit buildings or structures, by striking subsections (a) and (b) and inserting in lieu thereof the following:
"(a) In addition to any other remedies or enforcement mechanisms available, upon the adoption of an ordinance finding that dwelling, building, or structure conditions of the character described in Code Section 41-2-7 exist within a county or municipality, the governing body of such county or municipality is authorized to adopt ordinances relating to the dwellings, buildings, or structures within such county or municipality which are unfit for human habitation or commercial, industrial, or business uses and not in compliance with applicable codes, which are vacant and being used in connection with the commission of drug crimes, or which constitute an endangerment to the public health or safety as a result of unsanitary or unsafe conditions. Such ordinances shall include at least the following provisions:
(1) That it is the duty of the owner of every dwelling, building, structure, or property within the jurisdiction to construct and maintain such dwelling, building, structure, or property in conformance with applicable codes in force within the jurisdiction, or such ordinances which regulate and prohibit activities on property and which declare it to be a public nuisance to construct or maintain any dwelling, building, structure, or property in violation of such codes or ordinances; (2) That a public officer be designated or appointed to exercise the powers prescribed by the ordinances; (3) That whenever a request is filed with the public officer by a public authority or by at least five residents of the municipality or by five residents of the unincorporated area of the county if the property in question is located in the unincorporated area of the county charging that any dwelling, building, structure, or property is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the public officer shall make an investigation or inspection of the specific dwelling, building, structure, or property. If the officers investigation or inspection identifies that any dwelling, building, structure, or property is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or

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safety as a result of unsanitary or unsafe conditions, the public officer may issue a complaint in rem against the lot, tract, or parcel of real property on which such dwelling, building, or structure is situated or where such public health hazard or general nuisance exists and shall cause summons and a copy of the complaint to be served on the owner and parties in interest in interested parties for such dwelling, building, or structure. The complaint shall identify the subject real property by appropriate street address and official tax map reference; identify the owner and parties in interest interested parties; state with particularity the factual basis for the action; and contain a statement of the action sought by the public officer to abate the alleged nuisance. The summons shall notify the owner and parties in interest interested parties that a hearing will be held before a court of competent jurisdiction as determined by Code Section 41-2-5, at a date and time certain and at a place within the county or municipality where the property is located. Such hearing shall be held not less than 15 days nor more than 45 days after the filing of said complaint in the proper court. The owner and parties in interest interested parties shall have the right to file an answer to the complaint and to appear in person or by attorney and offer testimony at the time and place fixed for hearing; (4) That if, after such notice and hearing, the court determines that the dwelling, building, or structure in question is unfit for human habitation or is unfit for its current commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the court shall state in writing findings of fact in support of such determination and shall issue and cause to be served upon the owner and any parties in interest interested parties that have answered the complaint or appeared at the hearing an order:
(A) If the repair, alteration, or improvement of the said dwelling, building, or structure can be made at a reasonable cost in relation to the present value of the dwelling, building, or structure, requiring the owner, within the time specified in the order, to repair, alter, or improve such dwelling, building, or structure so as to bring it into full compliance with the applicable codes relevant to the cited violation and, if applicable, to secure the structure so that it cannot be used in connection with the commission of drug crimes; or (B) If the repair, alteration, or improvement of the said dwelling, building, or structure in order to bring it into full compliance with applicable codes relevant to the cited violations cannot be made at a reasonable cost in relation to the present value of the dwelling, building, or structure, requiring the owner, within the time specified in the order, to demolish and remove such dwelling, building, or structure and all debris from the property. For purposes of this Code section, the court shall make its determination of 'reasonable cost in relation to the present value of the dwelling, building, or structure' without consideration of the value of the land on which the structure is situated; provided, however, that costs of the preparation necessary to repair, alter, or improve

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a structure may be considered. Income and financial status of the owner shall not be factor in the courts determination. The present value of the structure and the costs of repair, alteration, or improvement may be established by affidavits of real estate appraisers with a Georgia appraiser classification as provided in Chapter 39A of Title 43, qualified building contractors, or qualified building inspectors without actual testimony presented. Costs of repair, alteration, or improvement of the structure shall be the cost necessary to bring the structure into compliance with the applicable codes relevant to the cited violations in force in the jurisdiction; (5) That, if the owner fails to comply with an order to repair or demolish the dwelling, building, or structure, the public officer may cause such dwelling, building, or structure to be repaired, altered, or improved or to be vacated and closed or demolished. Such abatement action shall commence within 270 days after the expiration of time specified in the order for abatement by the owner. Any time during which such action is prohibited by a court order issued pursuant to Code Section 41-213 or any other equitable relief granted by a court of competent jurisdiction shall not be counted toward the 270 days in which such abatement action must commence. The public officer shall cause to be posted on the main entrance of the building, dwelling, or structure a placard with the following words:
'This building is unfit for human habitation or commercial, industrial, or business use and does not comply with the applicable codes or has been ordered secured to prevent its use in connection with drug crimes or constitutes an endangerment to public health or safety as a result of unsanitary or unsafe conditions. The use or occupation of this building is prohibited and unlawful.'; (6) If the public officer has the structure demolished, reasonable effort shall be made to salvage reusable materials for credit against the cost of demolition. The proceeds of any moneys received from the sale of salvaged materials shall be used or applied against the cost of the demolition and removal of the structure, and proper records shall be kept showing application of sales proceeds. Any such sale of salvaged materials may be made without the necessity of public advertisement and bid. The public officer and governing authority are relieved of any and all liability resulting from or occasioned by the sale of any such salvaged materials, including, without limitation, defects in such salvaged materials; and (7) That the amount of the cost of demolition, including all court costs, appraisal fees, administrative costs incurred by the county tax commissioner or municipal tax collector or city revenue officer, and all other costs necessarily associated with the abatement action, including restoration to grade of the real property after demolition, shall be a lien against the real property upon which such cost was incurred. (b)(1) The lien provided for in paragraph (7) of subsection (a) of this Code section shall attach to the real property upon the filing of a certified copy of the order requiring repair, closure, or demolition in the office of the clerk of superior court in the county where the real property is located and shall relate back to the date of the filing of the lis pendens notice required under subsection (g) (c) of Code Section 41-212. The clerk of superior court shall record and index such certified copy of the order

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in the deed records of the county and enter the lien on the general execution docket. The lien shall be superior to all other liens on the property, except liens for taxes to which the lien shall be inferior, and shall continue in force until paid. After filing a certified copy of the order with the clerk of superior court, the public officer shall forward a copy of the order and a final statement of costs to the county tax commissioner. (2) Upon final determination of costs, fees, and expenses incurred in accordance with this chapter, the public officer responsible for enforcement actions in accordance with this chapter shall transmit to the appropriate county tax commissioner or municipal tax collector or city revenue officer a statement of the total amount due and secured by said lien, together with copies of all notices provided to interested parties. The statement of the public officer shall be transmitted within 90 days of completion of the repairs, demolition, or closure. It shall be the duty of the appropriate county tax commissioner to collect the amount of the lien in conjunction with the collection of ad valorem taxes on the property and or municipal tax collector or city revenue officer, who is responsible or whose duties include the collection of municipal taxes, to collect the amount of the lien as if it were a real property ad valorem tax, using all methods available for collecting real property ad valorem taxes, including specifically Chapter 4 of Title 48; provided, however, that the limitation of Code Section 48-4-78 which requires 12 months of delinquency before commencing a tax foreclosure shall not apply. A county tax commissioner shall collect and enforce municipal liens imposed pursuant to this chapter in accordance with Code Section 48-5-359.1. The county tax commissioner or municipal tax collector or city revenue officer shall remit the amount collected to the governing authority of the county or municipality whose ordinance lien is being collected enforced. Thirty days after imposition of the lien, the unpaid lien amount shall bear interest and penalties in the same amount as applicable to interest and penalties on unpaid real property ad valorem taxes. (2) Where the remittance is to a municipality, the tax commissioner shall collect and retain an amount equal to the cost of administering a lien authorized by this chapter unless such costs are waived by resolution of the county governing authority. Any such amount collected and retained for administration shall be deposited in the general fund of the county to pay the cost of administering the lien. (3) Enforcement of liens pursuant to this Code section may be initiated at any time following receipt by the county tax commissioner or municipal tax collector or city revenue officer of the final determination of costs in accordance with this chapter. The unpaid lien amount shall bear interest and penalties from and after the date of final determination of costs in the same amount as applicable to interest and penalties on unpaid real property ad valorem taxes. An enforcement proceeding pursuant to Code Section 48-4-78 for delinquent ad valorem taxes may include all amounts due under this chapter. (4) The redemption amount in any enforcement proceeding pursuant to this Code section shall be the full amount of the costs as finally determined in accordance with this Code section together with interest, penalties, and costs incurred by the governing

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authority, county tax commissioner, municipal tax collector, or city revenue officer in the enforcement of such lien. Redemption of property from the lien may be made in accordance with the provisions of Code Sections 48-4-80 and 48-4-81."
SECTION 3. Said chapter is further amended by striking Code Section 41-2-12, relating to service of complaints or orders upon parties in interest and owners of unfit buildings or structures, in its entirety and inserting in lieu thereof the following:
"41-2-12. (a) Complaints issued by a public officer pursuant to an ordinance adopted under Code Sections 41-2-7 through 41-2-11, this Code section, and Code Sections 41-2-13 through 41-2-17 shall be served in the following manner. In all cases, a copy of the complaint and summons shall be conspicuously posted on the subject dwelling, building, or structure within three business days of filing of the complaint and at least ten days prior to the date of the hearing. A copy of the complaint and summons shall be served in one of the following ways: (1) Personal service upon each owner and party in interest if such parties are residents of the county. Service shall be perfected at least ten days prior to the date of the hearing. Service may be made by the public officer designated by ordinance to abate nuisances or by any law enforcement officer of the county or municipality whose ordinance is being enforced; and a return of service, filed with the clerk of the appropriate court, shall be deemed sufficient proof that service was perfected;
(2) Pursuant to the provisions of Article 5 of Chapter 4 of Title 48; or (3) Statutory overnight delivery. (b) If any owner or party in interest is a resident of this state but resides outside of the county, service shall be perfected by certified mail or statutory overnight delivery, return receipt requested, to the most recent address shown in county tax filings and mailed at least 14 days prior to the date of the hearing. At least 14 days prior to the date of the hearing, the public officer shall mail copies of the complaint by certified mail or statutory overnight delivery, return receipt requested, to all interested parties whose identity and address are reasonably ascertainable. Copies of the complaint shall also be mailed by first-class mail to the property address to the attention of the occupants of the property, if any, and shall be posted on the property within three business days of filing the complaint and at least 14 days prior to the date of the hearing. (c)(b) For interested parties Nonresidents of this state, whose mailing address is known, shall be served by certified mail or statutory overnight delivery, return receipt requested, mailed at least 14 days prior to the date of the hearing. For nonresidents whose mailing address is unknown, a notice stating the date, time, and place of the hearing shall be published in the newspaper in which the sheriffs advertisements appear in such county once a week for two consecutive weeks prior to the hearing. (d) In the event either the owner or any party in interest is a minor, an estate, an incompetent person, or person laboring under disabilities, the guardian or other

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personal representative of such person shall be served and if such guardian or personal representative resides outside the county or is a nonresident of this state, he or she shall be served as provided for in subsection (c) of this Code section. If such owner or party in interest has no guardian or personal representative, service shall be perfected by serving the judge of the probate court of the county wherein such property is located at least 30 days prior to the date of the hearing which judge shall stand in the place of and protect the rights of such minor, estate, or incompetent person or appoint a guardian ad litem for such person. (e) In the event of unknown persons or unborn remaindermen who are likely to have any rights in the property or interest or the proceeds thereof, the judge of the probate court of the county wherein such property or interest is located shall be personally served at least 30 days prior to the date of the hearing, and it shall be the duty of the judge of the probate court to stand in the place of and protect the rights of such unknown parties or unborn remaindermen. (f) In the event the whereabouts of any owner or party in interest is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence or if any owner or party in interest cannot, after due diligence, be served as provided in this Code section, the public officer shall make an affidavit to that effect and serve by publication in the manner provided in subsection (c) of this Code section, and such publication shall be sufficient proof that service was perfected. (g)(c) A notice of lis pendens shall be filed in the office of the clerk of superior court in the county in which the dwelling, building, or structure is located at the time of filing the complaint in the appropriate court. Such notice shall have the same force and effect as other lis pendens notices provided by law. (h)(d) Orders and other filings made subsequent to service of the initial complaint shall be served in the manner provided in this Code section on the owner and any party in interest interested party who answers the complaint or appears at the hearing. Any interested party who fails to answer or appear at the hearing shall be deemed to have waived all further notice in the proceedings."
SECTION 4. Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, is amended in Code Section 48-4-76, relating to judicial in rem tax foreclosures, by adding a new subsection (d) to read as follows:
"(d) The enforcement proceedings authorized by this article may be initiated by a county, by a municipality, by one acting on behalf of the other pursuant to contract, or by joint action in a single proceeding."
SECTION 5. Said chapter is further amended in Code Section 48-4-78, relating to identification of tax delinquent properties and commencement of tax foreclosure, by striking subsection (a) and inserting in lieu thereof the following:

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"(a) After an ad valorem tax lien, based upon a digest approved in accordance with the law, has become payable and is past due and thereby delinquent, a tax commissioner or other tax collector, as appropriate, may identify those properties on which to commence a tax foreclosure in accordance with this article. The tax commissioner or other tax collector, as appropriate, shall not commence tax foreclosure in accordance with this article for a period of 12 months following the date upon which the taxes initially became delinquent. Once enforcement proceedings have commenced in accordance with the provisions of this article, the enforcement proceedings may be amended to include any and all ad valorem taxes which become delinquent subsequent to the date of the initial ad valorem tax lien that was the original basis for the enforcement proceedings."

SECTION 6. This Act shall become effective on July 1, 2004.

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Meyer von Bremen of the 12th moved that the Senate adopt the Conference Committee Report on SB 182.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler
Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean
Fort Y Gillis Y Golden Y Hall
Hamrick

Y Harbison Y Harp
Henson Y Hill Y Hooks Y Hudgens Y Jackson
Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price
Reed Y Seabaugh

Seay Y Shafer Y Smith,F
Smith,P Y Squires Y Starr Y Stephens
Stokes Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman
Williams Y Zamarripa

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On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 182.

Senator Hill of the 4th asked unanimous consent that Senate Rule 156 (e) be suspended to allow the consideration of the Conference Committee Report on HB 1181.

The consent was granted and Senate Rule 156 (e) was suspended.

The following bill was taken up to consider the Conference Committee Report thereto:

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 Conference Committee Report was as follows:

The Committee of Conference on HB 1181 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1181 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 Parrish of the 102nd /s/ Representative Smyre of the 111th /s/ Representative Channell of the 77th

Conference Committee Substitute to HB 1181:

A BILL TO BE ENTITLED ACT

To make and provide appropriations for the State Fiscal Year beginning July 1, 2004, and ending June 30, 2005; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2004, and ending June 30, 2005, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus and a revenue estimate of $15,237,800,478 (excluding indigent trust fund receipts, tobacco fund receipts and lottery receipts) for State Fiscal Year 2005.

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

$ 33,304,450 $ 18,478,494 $ 5,082,855 $ 2,632,726 $ 85,000 $ 1,500 $0 $0 $ 679,058 $ 9,950 $ 7,000 $ 536,420 $ 157,234 $ 104,000 $ 3,070,527 $ 712,686 $ 95,000 $ 1,652,000 $ 33,304,450 $ 33,304,450

Senate Program Budgets
Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Senate Budget Office Total

Total Funds $ 5,922,559 $ 862,898 $ 1,175,715 $ 569,599 $ 8,530,771

State Funds $ 5,922,559 $ 862,898 $ 1,175,715 $ 569,599 $ 8,530,771

House Program Budgets

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House of Representatives and Research Office Speaker of the House's Office Clerk of the House's Office Total

Total Funds $ 12,823,015 $ 442,050 $ 1,550,789 $ 14,815,854

State Funds $ 12,823,015 $ 442,050 $ 1,550,789 $ 14,815,854

Joint Program Budgets
Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee Total

Total Funds $ 2,880,036 $ 2,146,193 $ 1,241,785 $ 3,241,223 $ 448,588 $ 9,957,825

State Funds $ 2,880,036 $ 2,146,193 $ 1,241,785 $ 3,241,223 $ 448,588 $ 9,957,825

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

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Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications
Total Funds Budgeted State Funds Budgeted

$ 28,443,466 $ 24,456,416 $ 849,490 $ 400,000 $0 $ 20,000 $ 1,106,000 $ 176,000 $0 $ 1,113,500 $ 322,060 $ 28,443,466 $ 28,443,466

PART II JUDICIAL BRANCH Section 3. Judicial Branch. State Funds Personal Services Other Operating Prosecuting Attorney's Council Judicial Administrative Districts Payment to Council of Superior Court Clerks Payment to Resource Center Payment to Georgia Public Defender Standards Council Computerized Information Network Total Funds Budgeted State Funds Budgeted

$ 151,569,706 $ 16,166,182 $ 106,609,755 $ 5,397,197 $ 2,218,693 $ 144,925 $ 800,000 $ 23,290,000 $0 $ 154,626,752 $ 151,569,706

Judicial Branch Functional Budgets
Supreme Court Court of Appeals Superior Court - Judges

Total Funds $ 7,328,705 $ 11,611,021 $ 48,131,872

State Funds $ 7,328,705 $ 11,521,021 $ 48,131,872

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Superior Court - District Attorneys Council of Juvenile Court Judges Institute of Continuing Judicial Education Judicial Council Judicial Qualifications Commission Georgia Public Defender Standards Council Georgia Courts Automation Commission Georgia Office Of Dispute Resolution Council of Superior Court Clerks Total

$ 44,881,447 $ 1,372,096 $ 1,078,182 $ 16,197,311 $ 247,137 $ 23,290,000 $0 $ 344,056 $ 144,925 $ 154,626,752

$ 43,114,401 $ 1,372,096 $ 1,078,182 $ 16,197,311 $ 247,137 $ 22,090,000 $0 $ 344,056 $ 144,925 $ 151,569,706

Section 4. Department of Administrative Services.

State Funds

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Self Insurance Trust Fund

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Rents and Maintenance Expense

Direct Payments to Georgia Building Authority for Capital Outlay

Direct Payments to Georgia Building Authority for Operations

Materials for Resale

Public Safety Officers Indemnity Fund

Health Planning Review Board Operations

Payments to Aviation Hall of Fame

Payments to Golf Hall of Fame

Alternative Fuels Grant

Payments to Georgia Technology Authority

Removal of Hazardous Waste

Total Funds Budgeted

State Funds Budgeted

Departmental Program Budgets

Total Funds

Administration

$ 2,709,661

Risk Management

$ 137,786,977

State Purchasing

$ 3,897,072

Fleet Management

$ 2,277,547

$ 28,629,573 $ 18,644,342 $ 2,740,194 $ 293,660 $ 20,418 $ 125,582 $ 132,900,000 $ 2,699,150 $ 1,129,002 $ 393,740 $ 702,436 $ 283,435 $0 $0 $ 612,556 $ 3,245,600 $0 $ 30,473 $ 35,590 $ 60,500 $0 $ 15,339,112 $ 87,994 $ 179,343,784 $ 28,629,573
State Funds $ 1,454,134 $0 $ 3,585,393 $ 461,123

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Space Management Surplus Property Mail and Courier US Post Office Service Contract Management Small and Minority Business Development Bulk Paper Sales Fiscal Services Administrative Hearings State Properties Commission Office of Treasury and Fiscal Services Total

$ 467,103 $ 2,628,884 $ 1,340,646 $ 274,188 $ 136,746 $ 1,062,422 $ 2,765,202 $ 16,437,169 $ 4,299,014 $ 554,541 $ 2,706,612 $ 179,343,784

$ 467,103 $ 75,153 $ 45,462 $ 128,720 $0 $ 1,062,422 $ 609,691 $ 16,158,292 $ 3,697,706 $ 554,541 $ 329,833 $ 28,629,573

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 Program Budgets

Total Funds

Consumer Protection

$ 33,827,776

$ 35,767,543 $ 31,761,144 $ 3,850,488 $ 1,043,708 $0 $ 291,598 $ 664,341 $ 1,188,343 $ 363,509 $ 33,500 $ 1,341,998 $ 566,619 $ 3,189,678
$ 2,889,986
$ 142,000 $ 10,000 $ 425,000
$ 653,000 $0 $ 37,050 $0 $ 48,451,962 $ 35,767,543
State Funds $ 25,865,994

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3371

Marketing and Promotion Administration Total

$ 8,632,445 $ 5,991,741 $ 48,451,962

$ 5,059,264 $ 4,842,285 $ 35,767,543

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 Departmental Program Budgets
Financial Institution Supervision Mortgage Supervision Chartering, Licensing and Applications/
Non-Mortgage Entities Consumer Assistance and Protection Administration Total

Total Funds $ 5,739,215 $ 1,739,522
$ 310,216 $ 384,213 $ 1,677,392 $ 9,850,558

$ 9,850,558 $ 8,409,096 $ 269,025 $ 308,557 $0 $ 2,347 $ 170,978 $ 565,436 $ 113,120 $ 11,999 $0 $ 9,850,558 $ 9,850,558
State Funds $ 5,739,215 $ 1,739,522
$ 310,216 $ 384,213 $ 1,677,392 $ 9,850,558

Section 7. Department of Community Affairs. 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 Contracts for Regional Planning and Development Local Assistance Grants

$ 26,813,800 $ 47,123,333 $ 22,799,857 $ 1,923,412 $ 668,662 $0 $ 166,022 $ 573,436 $ 1,483,541 $ 522,658 $ 966,363 $ 514,025 $ 1,779,593 $ 302,500

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Appalachian Regional Commission Assessment

HUD -Community Development Block Pass thru Grants

Community Service Grants

Home Program

Local Development Fund

Payment to State Housing Trust Fund

Regional Economic Business Assistance Grants- GHFA

Regional Economic Development Grants

Contracts for Homeless Assistance

HUD Section 8 Rental Assistance

GHFA- Georgia Cities Foundation

Georgia Leadership Infrastructure Investment Fund

Quality Growth Program

Payment to Georgia Environmental Facilities Authority

Payments to Georgia Sports Hall of Fame

Georgia Regional Transportation Authority

One Georgia

Total Funds Budgeted

Tobacco Funds Budgeted

State Funds Budgeted

Departmental Program Budgets

Total Funds

Administration

$ 4,350,437

Homeownership Programs

$ 3,915,171

Rental Housing Programs

$ 62,009,009

Special Housing Initiatives

$ 5,444,303

Building Construction

$ 555,896

Coordinated Planning

$ 3,001,337

Federal Community and Economic

Development Programs

$ 37,816,017

State Economic Development Programs

$ 3,813,773

State Community Development Programs

$ 1,374,069

Georgia Music Hall of Fame

$ 1,215,409

Environmental Education and Assistance

$ 567,226

Regional Services

$ 1,952,794

Data and Research

$ 645,869

Pass - Thru

$ 715,402

Georgia Environmental Facilities Authority

$ 275,000

Georgia Sports Hall of Fame

$ 702,761

Georgia Regional Transportation Authority

$ 4,503,574

One Georgia

$ 47,123,333

Total

$ 179,981,380

$ 163,000 $ 30,000,000 $ 5,000,000 $ 3,122,606 $0 $ 2,778,750 $ 2,667,600 $0 $ 1,250,000 $ 50,000,000 $ 694,687 $0 $0 $ 275,000 $ 702,761 $ 4,503,574 $ 47,123,333 $ 179,981,380 $ 47,123,333 $ 26,813,800
State Funds $ 1,591,403 $0 $ 3,122,263 $ 2,778,408 $ 369,507 $ 3,001,337
$ 859,227 $ 3,786,040 $ 1,374,069 $ 740,595 $ 567,226 $ 1,952,794 $ 645,869 $ 715,402 $ 275,000 $ 702,761 $ 4,331,899 $ 47,123,333 $ 73,937,133

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Section 8. Department of Community Health. A. Budget Unit: State Funds - Medicaid Services Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts HMO Contracts Medicaid Benefits, Penalties and Disallowances Audit Contracts Special Purpose Contracts Purchase of Service Contracts Grant in Aid to Counties Health Insurance Payments Medical Fair Loan Repayment Program Medical Scholarships Capitation Contracts for Family Practice Residency Residency Capitation Grants Student Preceptorships Medical Student Capitation Mercer School of Medicine Grant Morehouse School of Medicine Grant SREB Payments Pediatric Residency Capitation Preventive Medicine Capitation
Total Funds Budgeted Tobacco Funds Budgeted State Funds Budgeted Departmental Program Budgets
Medicaid State Health Benefit Plan Health Care Regulation and Licensing Health Care Access and Improvement Health Care Workforce Planning and Development Administration

$ 1,905,405,703 $ 53,116,681 $ 32,590,301 $ 8,596,198 $ 288,188 $0 $ 76,291 $ 92,704,195 $ 1,793,945 $ 895,502 $ 1,350,873 $ 107,305,104 $ 285,327,050 $ 5,628,844,700 $ 1,097,500 $0 $ 183,244 $ 544,826 $ 1,009,000,000 $ 50,511 $ 300,757 $ 728,000 $ 3,646,792 $ 1,941,782 $0 $ 3,428,706 $ 17,960,862 $ 10,141,628 $ 401,225 $ 418,046 $ 105,780 $ 7,209,722,006 $ 53,116,681 $ 1,905,405,703

Total Funds State Funds

$ 5,815,810,124 $ 1,869,456,617

$ 1,326,099,781 $ 33,956,708

$ 3,765,020 $ 3,448,324

$ 3,754,513 $ 3,110,623

$0

$0

$ 20,411,730 $ 8,667,464

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State Medical Education Board Georgia Board for Physician Workforce Total

$ 1,306,564 $ 1,308,374 $ 38,574,274 $ 38,574,274 $ 7,209,722,006 $ 1,958,522,384

B. Budget Unit: State Funds - Indigent Care Trust Fund Per Diem and Fees Contracts Benefits Payments to Nursing Homes
Total Funds Budgeted Other Funds Federal Funds State Funds Budgeted

$ 109,857,425 $0 $ 8,200,000 $ 360,067,504 $ 272,608,762 $ 640,876,266 $ 148,828,880 $ 382,189,961 $ 109,857,425

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

$ 74,755,459 $ 4,970,705 $ 364,258 $ 165,254 $ 45,000 $0 $0 $0 $0 $0 $0 $ 10,304,101 $ 270,035,204 $ 280,913,817 $ 4,970,705 $ 74,755,459

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

$ 882,663,975 $ 526,999,174 $ 59,424,052 $ 1,724,100 $ 808,690 $ 2,727,944 $ 5,244,035 $ 7,690,886 $ 6,891,485 $ 67,637 $ 82,584,622

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Capital Outlay

Utilities

Court Costs

County Subsidy

County Subsidy for Jails

County Workcamp Construction Grants

Central Repair Fund

Payments to Central State Hospital for Meals

Payments to Central State Hospital for Utilities

Payments to Public Safety for Meals

Inmate Release Fund

Health Services Purchases

University of Georgia - College of Veterinary Medicine Contracts

Minor Construction Fund

Total Funds Budgeted

Indirect DOAS Funding

State Funds Budgeted

Departmental Program Budgets

Total Funds

Administration

$ 54,340,529

State Prisons

$ 408,483,615

Probation Supervision

$ 79,679,867

Health

$ 21,015,149

Food and Farm Operations

$ 41,957,838

Offender Management

$ 4,044,393

Private Prisons

$ 5,171,135

Transition Centers

$ 50,769,536

Probation Detention Centers

$ 13,961,949

Parole Revocation Centers

$ 146,050,808

Probation Diversion Centers

$ 63,219,355

Bainbridge PSATC

$ 16,006,917

Probation Boot Camps

$ 3,256,960

Total

$ 907,832,119

$0 $ 27,032,847 $ 1,300,000 $ 37,726,400 $ 6,450,000 $0 $0 $ 4,268,025 $ 1,627,150 $ 577,160 $ 1,450,000 $ 132,787,968 $ 449,944 $0 $ 907,832,119 $ 450,000 $ 882,663,975
State Funds $ 53,890,529 $ 398,950,492 $ 79,679,867 $ 21,015,149 $ 39,401,179 $ 3,985,461 $ 4,829,603 $ 50,769,536 $ 13,389,494 $ 137,586,599 $ 63,219,355 $ 12,826,083 $ 3,246,560 $ 882,663,975

Section 10. Department of Defense. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals

$ 7,407,075 $ 17,567,073 $ 23,102,725 $ 90,875 $0 $ 52,800 $ 68,625 $ 43,211

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Telecommunications Per Diem and Fees Contracts Capital Outlay Capital Leases
Total Funds Budgeted State Funds Budgeted Departmental Program Budgets
Readiness Civil Support Facilities Administration Total

$ 1,020,852 $ 1,341,895 $ 244,000 $0 $ 9,930 $ 43,541,986 $ 7,407,075

Total Funds $ 462,902 $ 7,767,361 $ 32,994,959 $ 2,316,764 $ 43,541,986

State Funds $ 462,902 $ 2,956,475 $ 1,908,817 $ 2,078,881 $ 7,407,075

B.) Section 11. State Board of Education A. Budget Unit: State Funds - Department of Education Tobacco Funds Operations: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay QBE Formula Grants: Kindergarten/Grades 1 - 3 Grades 4 - 8 Grades 9 - 12 Limited English-Speaking Students Program Alternative Programs Vocational Education Laboratories Special Education Gifted Remedial Education Additional Instruction Staff Development and Professional Development

$ 5,933,991,990 $0
$ 39,981,283 $ 5,963,997 $ 914,522 $0 $ 174,190 $ 1,135,404 $ 2,356,360 $ 21,534,798 $ 8,777,390 $ 802,780 $ 772,896 $0
$ 1,707,110,524 $ 1,564,815,699 $ 765,460,363 $ 70,492,962 $ 70,537,965 $ 202,846,671 $ 796,138,993 $ 192,300,693 $ 22,033,782 $ 47,742,553 $ 31,135,509

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3377

Media Indirect Cost Pupil Transportation Local Five Mill Share Mid-Term Adjustment Reserve Teacher Salary Schedule Adjustment Other Categorical Grants: Equalization Formula Sparsity Grants Special Education Low - Incidence Grants Non-QBE Grants: Next Generation School Grants Youth Apprenticeship Grants High School Program - 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 Title V, Innovative Programs State and Local Education Improvement Health Insurance - Non-Cert. Personnel and Retired Teachers Title II Math/Science Grant (Federal) Migrant Education (State) Regional Education Service Agencies

$ 149,198,288 $ 922,876,443 $ 151,866,803 $(1,264,596,078) $0 $ 85,296,749
$ 341,006,547 $ 6,352,443 $ 826,722
$ 375,000 $ 3,811,974 $ 7,329,561 $ 43,268,748 $ 16,909,425 $0 $ 309,883,868 $ 6,106,270 $ 191,495,397 $ 5,508,750 $0 $ 1,658,859 $ 719,129 $ 188,375,722 $0 $ 1,448,517 $ 2,667,165 $ 23,501,959 $ 1,099,132 $0 $ 1,608,000 $ 150,000 $ 10,567,629 $ 35,221,838 $ 7,271,436 $ 639,390 $ 9,389,202 $0 $ 107,826,070 $0 $ 267,535 $ 11,183,730

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Severely Emotionally Disturbed Georgia Learning Resources System Special Education at State Institutions Byrd Honor Scholarships Title 1-F, Comprehensive School Reform Character Education National Teacher Certification Health Insurance Adjustment Principal Supplements Class Size Reduction Grants For School Nurses Reading and Math Programs Student Testing Internet Access School Improvement Teams Communities in Schools Georgia Learning Connection Knowledge is Power Program Postsecondary Options Title I-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 Austerity Adjustments
Total Funds Budgeted Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted Departmental Program Budgets
Central Office School Improvement Curriculum Testing Special Education Limited English Proficient Staff Development Core K-12

$ 63,640,359 $ 3,321,742 $ 3,556,873 $ 1,180,500 $ 8,478,748 $ 250,000 $ 10,403,035 $0 $ 5,361,125 $0 $ 30,000,000 $ 50,365,172 $ 11,125,646 $ 3,644,339 $ 11,636,228 $ 1,320,623 $0 $0 $0 $0 $ 8,548,626 $ 2,000,255 $ 72,520,695 $ 17,712,888 $ 6,786,358 $ 8,691,764 $ 6,941,585 $ (332,835,102) $0 $ 6,928,793,016 $0 $0 $ 5,933,991,990
Total Funds State Funds $ 10,151,452 $ 8,474,000 $ 43,601,732 $ 16,606,143 $ 58,469,626 $ 36,798,032 $ 23,244,188 $ 13,854,985 $ 313,314,535 $ 106,308,665 $ 6,786,358 $ 0 $ 84,303,932 $ 11,779,236 $ 5,746,221,031 $ 5,381,976,471

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3379

Remedial Education Alternative Education Student Excellence Technology Career Education Agriculture Education Transportation and Facilities Health and Nutrition Facilities Services Data Collection and Technology Services School Leadership RESAs Pass Through Funds State Schools Total
B. Budget Unit: Lottery for Education Computers in the Classroom Distance Learning - Satellite Dishes Post Secondary Options Educational Technology Centers Assistive Technology Applied Technology Labs Financial and Management Equipment Alternative Programs Fort Discovery National Science Center Capital Outlay Learning Logic Sites Student Information System
Total Funds Budgeted Lottery Funds Budgeted
C. Budget Unit: Office of School Readiness Pre-Kindergarten - Grants Pre-Kindergarten - Personal Services Pre-Kindergarten - Operations Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts

$0

$0

$ 3,320,878 $ 1,320,623

$ 2,575,063 $ 1,394,563

$ 49,832,847 $ 16,354,486

$ 8,497,005 $ 7,452,635

$ 257,795,334 $ 35,472,212

$ 152,414,635 $ 152,414,635

$ 1,434,728 $ 1,125,944

$ 15,908,734 $ 12,462,935

$ 5,361,125 $ 5,361,125

$ 11,183,730 $ 11,183,730

$ 134,376,083 $ 113,651,570

$0

$0

$ 6,928,793,016 $ 5,933,991,990

$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0

$ 1,062,815 $ 263,830,987 $ 2,168,985 $ 4,909,478 $ 1,063,917 $ 29,783 $ 43,283 $0 $0 $0 $ 5,000 $0

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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 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

$ 3,000 $ 10,007 $0 $0 $ 88,195,529 $ 700,000 $ 360,959,969 $ 270,909,450 $ 1,062,815
$ 617,000 $ 3,697,925 $ 724,190 $ 29,000 $0 $ 12,450 $ 1,269,710 $ 561,189 $ 94,015 $ 1,090,999 $ 3,500,000 $ 617,000 $ 11,596,478 $ 617,000
$ 31,541,263 $ 27,694,557 $ 5,526,404 $ 111,311 $ 894,579 $ 1,927,651 $ 357,000 $ 11,518 $ 687,240 $ 9,500 $ 498,260 $ 88,500 $0 $0 $ 37,806,520 $ 31,541,263

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WEDNESDAY, APRIL 7, 2004

3381

Departmental Program Budgets
Reforestation Forest Protection Forest Management Administration 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 Contracts Evidence Purchased Capital Outlay Crime Victims Assistance Program Criminal Justice Grants
Total Funds Budgeted State Funds Budgeted Departmental Program Budgets
Centralized Scientific Services Regional Forensic Services Criminal Justice Information Services Regional Investigative Services Special Operations Unit State Health Care Fraud Unit Georgia Information Sharing Analysis Center Task Forces Fugitive Squads D.A.R.E. Criminal Justice Coordinating Council Administration Total
Section 15. Office of the Governor.

Total Funds $ 2,006,374 $ 28,735,451 $ 3,916,763 $ 3,147,932 $ 37,806,520

State Funds $ (34,617) $ 25,858,840 $ 2,737,263 $ 2,979,777 $ 31,541,263

$ 57,618,104 $ 46,369,258 $ 5,515,403 $ 383,950 $ 233,921 $ 198,636 $ 398,200 $ 512,904 $ 1,094,547 $ 1,975,955 $ 2,360,359 $ 288,667 $0 $ 4,000,000 $ 27,783,371 $ 91,115,171 $ 57,618,104

Total Funds $ 10,946,149 $ 6,985,122 $ 10,021,496 $ 19,647,817 $ 675,326 $ 1,079,429 $ 769,091 $ 1,144,097 $0 $0 $ 33,803,201 $ 6,043,443 $ 91,115,171

State Funds $ 10,946,149 $ 6,985,122 $ 10,021,496 $ 19,647,817 $ 675,326 $ 1,079,429 $ 769,091 $ 1,144,097 $0 $0 $ 306,134 $ 6,043,443 $ 57,618,104

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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 State Funds Budgeted Departmental Program Budgets
Governor's Office Georgia Commission on Equal Opportunity Office of Planning and Budget
Budget Management and Fiscal Policy Planning and Evaluation Research and Management Attached Agency Administration Georgia Council for the Arts Office of Consumer Affairs Office of Child Advocate Professional Standards Commission Georgia Emergency Management Agency Office of Education Accountability Office of the Inspector General

Total Funds $ 8,478,021 $ 1,087,931
$ 3,027,672 $ 1,119,842 $ 2,068,747 $ 1,882,464 $ 4,718,327 $ 3,776,809 $ 699,346 $ 6,252,784 $ 6,444,700 $ 1,381,488 $ 883,841

$ 36,065,865 $ 20,217,905 $ 1,441,692 $ 338,068 $0 $ 54,911 $ 417,968 $ 1,145,891 $ 490,440 $ 1,349,833 $ 3,402,900 $ 4,217,745 $ 40,000 $ 3,861,681 $ 358,595 $ 3,374,509 $ 274,194 $ 254,499 $0 $0 $ 1,085,000 $0 $ 57,000 $0 $ 111,930 $ 42,494,761 $ 36,065,865
State Funds $ 8,478,021 $ 700,714
$ 3,027,672 $ 1,119,842 $ 2,068,747 $ 1,882,464 $ 4,054,234 $ 3,209,120 $ 699,346 $ 6,140,854 $ 2,012,733 $ 1,115,488 $ 883,841

1476

WEDNESDAY, APRIL 7, 2004

3383

Office of Homeland Security Total
Section 16. Department of Human Resources. State Funds Tobacco Funds Brain and Spinal Trust Fund Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Utilities Postage Mental Health Operating Expenses Service Benefits for Children Purchase of Service Contracts Payments to DCH-Medicaid Benefits Grants to County DFCS - Operations Special Purpose Contracts Grant-In-Aid to Counties Medical Benefits Case Services Children's Trust Fund Cash Benefits Major Maintenance and Construction Community Services Brain and Spinal Trust Fund Benefits
Total Funds Budgeted Indirect DOAS Services Funding Tobacco Funds Budgeted Brain and Spinal Trust Fund State Funds Budgeted Departmental Program Budgets
Child Support Establishment, Collection and Enforcement
Community Care Services Program

$ 672,789

$ 672,789

$ 42,494,761 $ 36,065,865

$ 1,318,257,565 $ 44,766,104 $ 3,000,000 $ 449,212,927 $ 86,257,542 $ 4,777,609 $ 200,000 $ 914,132 $ 57,048,832 $ 12,227,112 $ 17,779,930 $ 13,261,319 $ 50,897,104 $ 9,483,001 $ 4,692,271 $ 58,032,348 $ 472,949,597 $ 139,548,228 $ 38,527,677 $ 384,539,915 $ 7,586,714 $ 149,888,851 $ 6,138,072 $0 $ 7,261,544 $ 129,303,498 $ 2,154,607 $ 469,801,161 $ 2,750,840 $ 2,575,234,831 $ 5,620,100 $ 44,766,104 $ 3,000,000 $ 1,318,257,565
Total Funds State Funds
$ 68,500,117 $ 15,442,682 $ 57,829,503 $ 48,199,702

1477

3384

JOURNAL OF THE SENATE

Contracted Client Transportation Services

$ 20,109,807

Elder Abuse and Fraud Prevention

$ 100,133

Fatherhood Initiative

$ 120,000

Health Promotion and Disease Prevention (Wellness) $ 480,015

Home and Community Based Services Program

$ 42,995,814

Post Adoption Services

$ 2,808,630

Pre-Adoption Services

$ 5,374,713

Regulatory Compliance

$ 33,960,882

Council on Aging

$ 146,462

Brain and Spinal Injury Trust Fund Authority

$ 2,999,515

Governor's Council on Developmental Disabilities $ 2,271,780

Family Connection Partnership

$ 9,477,555

Adolescent Health and Youth Development

$ 15,590,767

Cancer Screening and Prevention

$ 6,321,880

Children with Special Needs

$ 31,139,106

Chronic Disease Reduction-Health Promotion

$ 1,515,586

Chronic Disease Treatment and Control

$ 9,239,598

Emergency Preparedness/Bioterrorism

$ 2,566,602

Epidemiology

$ 4,880,207

High Risk Pregnant Women and Infants

$ 5,020,145

HIV/AIDS

$ 24,112,094

Immunization

$ 17,452,300

Infant and Child Health Services

$ 20,508,918

Injury Prevention

$ 255,988

Laboratory Services

$ 7,788,526

Refugee Health Program

$ 4,227,866

Sexually Transmitted Diseases Treatment and Control $ 6,498,192

Tobacco Use Prevention

$ 11,395,905

Tuberculosis Treatment and Control

$ 8,842,446

Vital Records

$ 2,211,602

Women, Infants and Children-Nutrition (WIC)

$ 84,897,605

Women's Health Services

$ 29,655,069

Adoption Services and Supplements

$ 49,586,921

Adult Protective Services

$ 12,858,776

Child Care

$ 194,695,467

Child Protective Services

$ 135,079,518

Energy Assistance

$ 9,912,292

Family Violence Services

$ 4,440,181

Food Stamp Program

$ 64,989,558

Independent and Transitional Living Services

$ 4,425,484

Medicaid Eligibility Determination

$ 57,343,471

Out of Home Care

$ 277,164,397

Support for Needy Families

$ 225,196,595

$ 4,018,300 $ 4,744 $0 $0 $ 19,514,918 $ 1,868,226 $ 3,502,357 $ 24,547,591 $ 146,462 $ 2,999,515 $ 24,040 $ 9,202,555 $ 3,582,506 $ 6,321,880 $ 21,072,502 $ 1,515,586 $ 8,028,721 $ 2,566,602 $ 4,520,967 $ 4,890,145 $ 17,250,377 $ 8,782,878 $ 14,638,851 $ 143,983 $ 7,518,526 $ 4,111,722 $ 4,222,605 $ 11,395,905 $ 7,243,485 $ 1,930,820 $ (59,358) $ 9,421,276 $ 27,767,411 $ 5,086,548 $ 57,565,799 $ 55,434,993 $ 735,037 $ 4,156,117 $ 22,813,047 $ 590,731 $ 25,483,391 $ 147,091,469 $ 77,366,547

1478

WEDNESDAY, APRIL 7, 2004

3385

Refugee Resettlement Children's Trust Fund Commission Child Fatality Review Panel Employment Services-MH/DD/AD Community Services-Adult Community Services-Child and Adolescent Outdoor Therapeutic Program State Hospital Facilities State Hospital Facilities-Other Care State Hospital Facilities-Special Care Substance Abuse Prevention TANF Services-MH/DD/AD Administration Total

$ 3,678,203 $ 496,416

$ 6,929,818 $ 6,929,818

$ 331,348

$ 331,348

$ 28,043,220 $ 22,936,715

$ 348,376,092 $ 282,383,949

$ 87,885,279 $ 71,924,076

$ 4,172,448 $ 3,231,756

$ 134,952,705 $ 112,206,085

$ 163,692,961 $ 68,377,861

$ 21,053,413 $ 13,499,886

$ 10,612,071 $ 496,265

$ 11,630,578 $ (113,422)

$ 176,888,707 $ 90,660,755

$ 2,575,234,831 $ 1,366,023,669

Section 17. Department of Industry, Trade and Tourism.

State Funds

$ 25,812,690

Tobacco Funds

$0

Personal Services

$ 12,203,194

Regular Operating Expenses

$ 1,228,173

Travel

$ 564,656

Motor Vehicle Purchases

$0

Equipment

$ 15,597

Computer Charges

$ 376,336

Real Estate Rentals

$ 793,884

Telecommunications

$ 402,305

Per Diem and Fees

$ 30,000

Contracts

$ 959,044

Local Welcome Center Contracts

$ 238,070

Marketing

$ 8,952,681

Georgia Ports Authority Lease Rentals

$0

Foreign Currency Reserve

$0

Waterway Development in Georgia

$ 48,750

Lanier Regional Watershed Commission

$0

Georgia World Congress Center

$0

One Georgia Fund

$0

Intergovernmental Contract

$0

Total Funds Budgeted

$ 25,812,690

Tobacco Funds Budgeted

$0

State Funds Budgeted

$ 25,812,690

Departmental Program Budgets

Total Funds State Funds

Administration

$ 4,184,545 $ 4,184,545

1479

3386

JOURNAL OF THE SENATE

Recruitment, Expansion and Retention

$ 4,541,337

Tourism Sales

$ 2,295,581

Tourism Marketing and Promotion

$ 6,299,459

Regional Existing Business/Entrepreneurial Development $ 1,929,226

International Trade Development and Special Projects $ 1,080,295

Export Assistance/Statewide Outreach

$ 1,086,574

Office of Science and Technology Business Development $ 1,551,526

Product Development

$ 753,931

Communication, Policy and Research Development

$ 195,978

Film, Music and Video

$ 899,378

International Protocol

$ 994,860

Total

$ 25,812,690

$ 4,541,337 $ 2,295,581 $ 6,299,459 $ 1,929,226 $ 1,080,295 $ 1,086,574 $ 1,551,526 $ 753,931 $ 195,978 $ 899,378 $ 994,860 $ 25,812,690

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 Program Budgets
Administration Insurance Regulation Industrial Loan Fire Safety Enforcement Special Fraud Total
Section 19. Department of Juvenile Justice. State Funds Personal Services Regular Operating Expenses Travel

$ 15,573,172 $ 14,146,115 $ 702,947 $ 383,030 $ 80,176 $ 20,000 $ 223,000 $ 622,028 $ 346,334 $ 86,042 $0 $0 $ 16,609,672 $ 15,573,172

Total Funds $ 2,044,622 $ 5,257,910 $ 470,001 $ 5,469,913 $ 713,465 $ 2,653,761 $ 16,609,672

State Funds $ 2,044,622 $ 5,257,910 $ 470,001 $ 4,433,413 $ 713,465 $ 2,653,761 $ 15,573,172

$ 265,188,338 $ 157,647,697 $ 14,431,963 $ 2,152,240

1480

WEDNESDAY, APRIL 7, 2004

3387

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 Program Budgets
Administration Community Supervision Non-Secure Detention Non-Secure Commitment Secure Detention (RYDC's) Secure Commitment (YDC's) Children and Youth Coordinating Council Total

$ 258,110 $ 767,835 $ 3,559,344 $ 4,194,319 $ 2,229,047 $ 4,006,822 $ 5,348,093 $ 3,091,646 $ 360,000 $0 $ 85,956,308 $0 $0 $0 $ 200,000 $ 1,532,150 $ 285,735,574 $ 265,188,338

Total Funds $ 22,516,770 $ 37,676,866 $ 9,416,395 $ 52,633,237 $ 79,108,502 $ 81,867,380 $ 2,516,424 $ 285,735,574

State Funds $ 22,516,770 $ 33,378,578 $ 9,416,395 $ 42,975,694 $ 77,515,969 $ 78,606,508 $ 778,424 $ 265,188,338

Section 20. Department of Labor. A. Budget Unit: State Funds - Department of Labor Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Payments to State Treasury WIA Contracts

$ 12,336,425 $ 84,168,319 $ 7,334,142 $ 1,464,753 $ 34,858 $ 564,838 $ 2,687,138 $ 2,817,585 $ 1,888,650 $ 2,757,642 $ 1,496,138 $ 1,287,478 $ 54,500,000

1481

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JOURNAL OF THE SENATE

Total Funds Budgeted State Funds Budgeted Departmental Program Budgets
Unemployment Services Workforce Development Safety Inspections Labor Market Information Commission On Women Administration Total

$ 161,001,541 $ 12,336,425

Total Funds $ 44,955,346 $ 96,168,104 $ 2,680,417 $ 2,858,621 $ 93,172 $ 14,245,881 $ 161,001,541

State Funds $ 4,395,448 $ 2,972,107 $ 1,256,085 $ 301,818 $ 93,172 $ 3,317,795 $ 12,336,425

B. Budget Unit: State Funds - Division of Rehabilitation

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Major Maintenance and Construction

Special Purpose Contracts

Purchase of Service Contracts

Case Services

Total Funds Budgeted

Indirect DOAS Services Funding

State Funds Budgeted

Divisional Program Budgets

Total Funds

Vocational Rehabilitation

$ 84,210,249

Business Enterprises

$ 1,628,106

Disability Adjudication Services

$ 54,830,421

Georgia Industries for the Blind

$ 11,776,668

Roosevelt Warm Springs Institute

$ 29,902,653

Administration

$ 3,908,458

Total

$ 186,256,555

$ 26,589,414 $ 90,956,390 $ 14,030,595 $ 2,003,222 $ 39,095 $ 1,085,790 $ 2,573,235 $ 6,022,313 $ 2,938,642 $ 7,314,026 $ 4,426,781 $ 255,000 $ 1,145,188 $ 12,162,087 $ 41,304,191 $ 186,256,555 $ 150,000 $ 26,589,414
State Funds $ 16,696,086 $ 335,841 $0 $ 677,293 $ 6,449,382 $ 2,430,812 $ 26,589,414

Section 21. Department of Law. State Funds Personal Services

$ 13,229,060 $ 13,406,438

1482

WEDNESDAY, APRIL 7, 2004

3389

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

$ 705,564 $ 181,781 $0 $0 $ 299,269 $ 831,689 $ 149,907 $ 19,350,000 $0 $ 100,000 $0 $ 35,024,648 $ 13,229,060

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

Departmental Program Budgets

Total Funds

Workforce Development

$ 3,258,181

Total Compensation and Rewards

$ 5,102,705

Recruitment and Staffing Services

$ 1,307,371

Administration.

$ 4,048,264

Total

$ 13,716,521

$0 $ 8,596,409 $ 947,171 $ 133,213 $0 $ 697,128 $ 196,697 $ 503,267 $ 1,627,172 $ 173,863 $ 841,601 $ 13,716,521 $0 $ 1,188,890 $ 11,598,137 $ 929,494 $0
State Funds $0 $0 $0 $0 $0

Section 23. Department of Motor Vehicle Safety. State Funds Personal Services

$ 77,218,681 $ 55,395,072

1483

3390

JOURNAL OF THE SENATE

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Capital Outlay

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 Program Budgets

Total Funds

Administration

$ 11,912,125

License Issuance

$ 36,135,683

Motorcycle Safety

$0

Tag and Title Registration

$ 24,025,798

Salvage Inspection

$ 1,638,290

Commercial Vehicle and HOV Enforcement

$ 15,160,678

Total

$ 88,872,574

$ 6,980,949 $ 480,435 $ 327,223 $ 338,032 $ 12,461,537 $ 2,730,422 $ 2,443,575 $ 329,835 $ 1,315,346 $0 $ 2,000,000 $0 $ 329,824 $ 2,990,324 $ 750,000 $0 $ 88,872,574 $ 7,196,898 $ 1,960,000 $ 77,218,681
State Funds $ 11,912,125 $ 35,155,683 $0 $ 23,045,798 $ 1,638,290 $ 5,466,785 $ 77,218,681

Section 24. Department of Natural Resources. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Authority Lease Rentals

$ 90,744,022 $ 82,308,759 $ 15,129,631 $ 844,126 $ 310,000 $ 1,237,365 $ 3,374,242 $ 1,207,381 $ 5,970,342 $ 621,000 $ 1,313,190 $0

1484

WEDNESDAY, APRIL 7, 2004

3391

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 Program Budgets

Total Funds

Administration

$ 10,226,625

Land Conservation

$ 318,916

Historic Preservation

$ 2,317,346

Parks and Historic Sites

$ 37,034,632

Coastal Resources

$ 2,223,990

Wildlife Resources

$ 34,486,306

Environmental Protection

$ 39,725,104

Pollution Prevention Assistance

$ 357,622

Georgia Games Commission

$ 75,000

Civil War Commission

$0

$ 689,910 $ 1,293,300
$ 635,734 $ 3,314,750 $ 982,330 $0
$ 800,000 $ 129,276 $0
$ 75,000 $0 $ 3,595,077 $0 $0 $ 1,578,940 $ 383,468 $ 100,000 $ 31,000 $ 24,000 $ 816,720 $0 $ 126,765,541 $ 940,190 $0 $ 1,331,931 $ 1,434,982 $ 200,000 $ 90,744,022
State Funds $ 10,226,625 $ 318,916 $ 1,827,346 $ 17,442,843 $ 2,053,128 $ 28,982,069 $ 29,564,386 $ 253,709 $ 75,000 $0

1485

3392

JOURNAL OF THE SENATE

Total

$ 126,765,541 $ 90,744,022

Section 25. State Board of Pardons and Paroles. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Jail Subsidy Health Services Purchases
Total Funds Budgeted State Funds Budgeted Departmental Program Budgets
Administration Clemency Decision Parole Supervision Total

Total Funds $ 2,996,319 $ 10,220,395 $ 31,503,930 $ 44,720,644

$ 44,228,494 $ 36,144,461 $ 1,333,825 $ 331,800 $0 $ 291,500 $ 591,200 $ 2,764,792 $ 969,433 $ 423,304 $ 1,232,829 $ 617,500 $ 20,000 $ 44,720,644 $ 44,228,494
State Funds $ 2,996,319 $ 10,220,395 $ 31,011,780 $ 44,228,494

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

$ 71,370,810
$ 60,549,140 $ 7,940,850 $ 81,145 $ 3,359,986 $ 308,028 $ 654,000 $ 100,695 $ 1,673,059 $ 254,772 $ 274,333 $ 316,237 $0 $0 $ 75,512,245 $ 990,000

1486

WEDNESDAY, APRIL 7, 2004

3393

State Funds Budgeted Departmental Program Budgets
Administration Field Offices and Services Aviation Specialized Collision Reconstruction Teams Troop J Specialty Unit Multi-Jurisdictional Task Forces Executive Security Capitol Police Excess Property Total

$ 71,370,810

Total Funds $ 15,291,093 $ 49,585,248 $ 2,229,016 $ 2,035,024 $ 2,194,228 $0 $ 1,026,201 $ 3,151,435 $0 $ 75,512,245

State Funds $ 14,451,093 $ 49,435,248 $ 2,229,016 $ 2,035,024 $ 2,194,228 $0 $ 1,026,201 $0 $0 $ 71,370,810

B. Budget Unit: State Funds - Units Attached for Administrative Purposes Only
Attached Units Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Highway Safety Grants Peace Officers Training Grants Capital Outlay Total Funds Budgeted State Funds Budgeted Departmental Program 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 $ 3,653,678 $ 1,929,126 $ 1,226,513 $ 1,132,053 $ 414,070 $ 9,969,856 $ 18,325,296

$ 13,524,286
$ 10,005,550 $ 2,591,325 $ 118,552 $0 $ 140,592 $ 253,767 $ 329,147 $ 295,994 $ 191,337 $ 701,771 $ 2,525,200 $ 1,172,061 $0 $ 18,325,296 $ 13,524,286
State Funds $ 486,741 $ 1,929,126 $ 1,105,419 $ 979,373 $ 414,070 $ 8,609,557 $ 13,524,286

1487

3394

JOURNAL OF THE SENATE

Section 27. Public School Employees' Retirement System. State Funds Payments to Employees' Retirement System Employer Contributions
Total Funds Budgeted State Funds Budgeted

Section 28. Public Service Commission. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts
Total Funds Budgeted State Funds Budgeted Departmental Program Budgets
Administration Utilities Regulation Program Utility Facilities Protection Georgia No Call Total

Total Funds $ 1,118,911 $ 6,378,209 $ 822,288 $ 27,611 $ 8,347,019

Section 29. Board of Regents, University System of Georgia. A. Budget Unit: State Funds - Resident Instruction Tobacco Funds Personal Services:
Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Special Funding Initiative Office of Minority Business Enterprise Student Education Enrichment Program Forestry Research Research Consortium

$ 1,420,696 $ 587,500 $ 833,196 $ 1,420,696 $ 1,420,696
$ 8,073,708 $ 6,373,145 $ 250,711 $ 86,876 $0 $ 15,300 $ 208,791 $ 501,964 $ 114,127 $ 776,105 $ 20,000 $ 8,347,019 $ 8,073,708
State Funds $ 1,118,911 $ 6,378,209 $ 548,977 $ 27,611 $ 8,073,708
$ 1,469,172,100 $ 6,243,177
$ 1,624,306,261 $ 503,438,312
$ 398,898,780 $ 755,196,564 $ 28,867,806 $ 882,879 $ 311,863 $ 826,466 $ 26,894,260

1488

WEDNESDAY, APRIL 7, 2004

3395

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
Departmental Program Budgets
Teaching Research Public Service Total

$ 95,063,332 $ 3,434,686,523 $ 132,560,254 $ 1,258,634,876 $ 565,036,616 $ 3,039,500 $0 $ 6,243,177 $ 1,469,172,100
Total Funds State Funds $ 3,125,179,903 $ 1,336,193,457 $ 281,055,109 $ 105,101,389 $ 28,451,511 $ 27,877,254 $ 3,434,686,523 $ 1,475,415,277

B. Budget Unit: State Funds - Regents Central Office and Other Organized Activities
Tobacco Funds Personal Services:
Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Agricultural Research Advanced Technology Development Center/ Economic Development Institute Seed Capital Fund - ATDC Capital Outlay Center for Rehabilitation Technology SREB Payments Regents Opportunity Grants Rental Payments to Georgia Military College Direct Payments to the Georgia Public
Telecommunications Commission for Operations Public Libraries Salaries and Operations Student Information System Georgia Medical College Health, Inc.
Total Funds Budgeted Departmental Income Sponsored Income Other Funds

$ 182,627,230 $0
$ 115,755,627 $ 75,862,198
$ 48,740,748 $ 41,236,508 $ 2,485,757
$ 23,354,273 $0 $0 $ 7,541,709 $ 92,154 $0 $ 2,344,723
$ 17,280,663 $ 33,169,604 $0 $ 31,761,251 $ 399,625,215 $ 8,961,113 $ 130,889,335 $ 76,604,037

1489

3396

JOURNAL OF THE SENATE

Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted Regents Central Office and Other Organized Activities

$ 543,500 $0 $ 182,627,230

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 MCG - Hospitals 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 GPTC Total

Total Funds $ 2,614,460 $ 6,504,282 $ 1,705,789 $ 124,250,240

State Funds $ 1,429,660 $ 1,531,343 $ 938,156 $ 2,668,363

$ 23,354,273 $ 72,177,551 $ 56,372,576 $ 193,500 $ 3,094,649 $ 7,170,899 $ 3,625,810 $ 4,694,697 $ 40,832,266 $ 35,603,560 $ 150,000 $ 17,280,663 $ 399,625,215

$ 8,338,273 $ 39,736,289 $ 33,278,439 $0 $ 3,094,649 $ 470,899 $0 $ 40,727 $ 40,725,417 $ 33,094,352 $0 $ 17,280,663 $ 182,627,230

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 $ 12,840,944 $ 16,593,732 $ 4,070,278 $0 $ 33,504,954 $ 33,504,954 $0

D. Budget Unit: Lottery for Education

$0

Equipment, Technology and Construction Trust Fund

$0

Georgia Public Telecommunications Commission

$0

Internet Connection Initiative

$0

Special Funding Initiatives

$0

Research Consortium - Georgia Research Alliance

$0

Equipment - Public Libraries

$0

Student Information System

$0

1490

WEDNESDAY, APRIL 7, 2004

3397

Educational Technology Center

$0

Total Funds Budgeted

$0

Lottery Funds Budgeted

$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 Program Budgets
Administration Revenue Processing Tax Compliance Customer Service Industry Regulation Grants and Distribution State Board of Equalization Total

$ 460,155,370 $ 150,000 $ 54,356,503 $ 4,324,663 $ 1,077,071 $ 49,980 $ 173,684 $ 12,914,676 $ 6,785,736 $ 1,185,113 $ 606,992 $ 1,223,613 $ 3,785,079 $0 $ 2,471,575 $ 17,785,550 $ 380,000,000 $ 486,740,235 $ 2,545,000 $ 150,000 $ 460,155,370

Total Funds $ 3,972,719 $ 40,224,286 $ 42,279,252 $ 7,947,156 $ 4,188,924 $ 388,122,898 $ 5,000 $ 486,740,235

State Funds $ 3,972,719 $ 29,164,591 $ 31,837,824 $ 4,058,465 $ 3,499,584 $ 387,767,187 $ 5,000 $ 460,305,370

Section 31. Secretary of State. A. Budget Unit: State Funds - Secretary of State Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$ 32,757,890 $ 18,327,345 $ 4,850,264 $ 357,621 $0

1491

3398

JOURNAL OF THE SENATE

Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Election Expenses Capital Outlay
Total Funds Budgeted State Funds Budgeted Departmental Program Budgets
Administration Archives and Records Capitol Education Center Corporations Securities Elections and Campaign Disclosures Drugs and Narcotics State Ethics Commission Professional Licensing Boards Holocaust Commission Total

$ 53,035 $ 2,913,063 $ 4,464,296 $ 888,163 $ 157,314 $ 1,446,804 $ 364,335 $0 $ 33,822,240 $ 32,757,890

Total Funds $ 5,062,986 $ 6,623,401 $ 405,553 $ 1,805,154 $ 1,879,463 $ 6,809,319 $ 1,200,010 $ 1,016,726 $ 8,779,582 $ 240,046 $ 33,822,240

State Funds $ 5,032,986 $ 6,548,401 $ 405,553 $ 1,065,804 $ 1,829,463 $ 6,789,319 $ 1,200,010 $ 1,016,726 $ 8,629,582 $ 240,046 $ 32,757,890

B. Budget Unit: State Funds - Real Estate Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts
Total Funds Budgeted State Funds Budgeted

$ 2,649,409 $ 1,579,955 $ 185,000 $ 47,000 $0 $ 12,500 $ 309,034 $ 183,512 $ 82,376 $ 250,032 $0 $ 2,649,409 $ 2,649,409

Section 32. Soil and Water Conservation Commission. State Funds Personal Services Regular Operating Expenses Travel

$ 2,927,770 $ 1,739,222 $ 1,093,006 $ 42,321

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Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Conservation Grants
Total Funds Budgeted State Funds Budgeted Departmental Program Budgets
Conservation of Soil and Water Resource Water Resource and Land Use Planning Conservation of Agricultural Water Supplies Watershed Flood Control Dams Administration Total

$0 $ 19,944 $ 11,205 $ 121,425 $ 38,300 $ 121,660 $ 2,082,629 $0 $ 5,269,712 $ 2,927,770

Total Funds $ 1,560,051 $ 1,170,101 $ 1,939,517 $ 27,923 $ 572,120 $ 5,269,712

State Funds $ 986,646 $ 1,103,101 $ 237,980 $ 27,923 $ 572,120 $ 2,927,770

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 Georgia Military/North Georgia Military Transfer Scholarship Osteopathic Medical Loans North Georgia College and State University Military Scholarship LEAP Program Governor's Scholarship Program
Total Funds Budgeted State Funds Budgeted Departmental Program Budgets

$ 37,604,858 $ 499,568 $ 17,915 $ 20,000 $0 $ 8,300 $ 6,000 $ 40,015 $ 8,681 $0 $ 31,802 $ 3,477,477 $ 28,820,424 $ 61,339 $ 432,479 $ 22,427 $0 $ 661,524 $ 1,487,410 $ 2,530,150 $ 38,125,511 $ 37,604,858

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Georgia Student Finance Authority Georgia Nonpublic Postsecondary Education
Commission Total

Total Funds State Funds $ 37,493,230 $ 36,972,577

$ 632,281

$ 632,281

$ 38,125,511 $ 37,604,858

B. Budget Unit: Lottery for Education HOPE Financial Aid - Tuition HOPE Financial Aid - Books HOPE Financial Aid - Fees HOPE Joint Enrollment Hope Scholarships - Private Colleges Georgia Military College Scholarship Public Safety Memorial Grant Teacher Scholarships Promise Scholarships Promise II Scholarships Engineer Scholarships Personal Services - HOPE Administration Operating Expenses - HOPE Administration
Total Funds Budgeted Lottery Funds Budgeted

$ 500,643,778 $ 306,989,060 $ 55,896,225 $ 70,657,003 $ 3,500,000 $ 45,388,740 $ 770,477 $ 255,850 $ 5,332,698 $ 5,855,278 $ 374,590 $ 760,000 $ 2,093,984 $ 2,769,873 $ 500,643,778 $ 500,643,778

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 Floor Fund Local Systems COLA Local Systems
Total Funds Budgeted State Funds Budgeted

$ 2,138,000 $ 12,701,449 $ 844,344 $ 76,500 $0 $ 115,000 $ 9,185,000 $ 723,975 $ 270,000 $ 493,000 $0 $ 2,050,000 $ 88,000 $ 26,547,268 $ 2,138,000

Section 35. Department of Technical and Adult Education. A. Budget Unit: State Funds - Department of Technical
and Adult Education

$ 288,122,395

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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 Program Budgets
Administration Technical Education Adult Literacy Education Economic Development Total

$ 5,935,084 $ 316,985 $ 125,510 $0 $ 12,886 $ 586,463 $ 121,671 $ 164,110 $ 327,695 $ 115,980 $0 $ 253,271,965 $ 63,743,175 $ 5,521,825 $ 18,655,783 $ 3,269,256 $ 11,701,124 $ 363,869,512 $ 288,122,395

Total Funds $ 7,706,384 $ 325,806,221 $ 18,655,783 $ 11,701,124 $ 363,869,512

State Funds $ 5,646,596 $ 259,910,304 $ 10,864,371 $ 11,701,124 $ 288,122,395

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

$ 646,858,968 $ 251,916,632 $ 79,533,636 $ 2,102,944 $ 1,927,751 $ 5,591,955

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Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Mass Transit Grants Payments to the State Road and Tollway Authority Guaranteed Revenue Reserve Fund Airport Aid Program Harbor Maintenance
Total Funds Budgeted State Funds Budgeted Departmental Program Budgets

$ 8,850,593 $ 1,830,782 $ 4,924,471 $ 7,362,438 $ 48,077,857 $ 1,129,313,034 $ 16,964,558 $ 75,667,665 $ 25,893,451 $ 3,507,783 $ 721,355 $ 1,664,186,905 $ 646,858,968

Motor Fuel Tax Budget Maintain State Highway System Operate State Highway System Construct and Improve State Highway System Local Road Assistance Data Collection Administration Total

Total Funds State Funds $ 318,412,284 $ 181,941,310 $ 52,724,395 $ 22,945,698 $ 1,069,585,636 $ 307,488,892 $ 149,114,628 $ 88,168,653 $ 5,592,116 $ 1,663,612 $ 41,801,010 $ 31,940,937 $ 1,637,230,069 $ 634,149,102

C.) General Funds Budget Transit Aviation Air Transportation Rail Ports and Waterways Total

$ 18,269,604 $ 4,120,304 $ 1,913,591 $ 1,621,750 $ 1,031,587 $ 26,956,836

$ 5,091,992 $ 3,870,014 $ 1,255,796 $ 1,544,313 $ 947,751 $ 12,709,866

Section 37. Department of Veterans Service. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees

$ 21,017,073 $ 5,444,798 $ 278,597 $ 136,200 $0 $ 100,822 $ 5,000 $ 223,033 $ 86,581 $ 20,612

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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 Program Budgets

Total Funds

Veterans Benefits

$ 5,504,863

Milledgeville Nursing Home

$ 17,516,828

Augusta Nursing Home

$ 7,536,580

Georgia Veterans Memorial Cemetery

$ 290,738

Administration

$ 900,749

Total

$ 31,749,758

$ 17,617,375 $ 7,541,980 $0 $0 $ 294,760 $ 31,749,758 $ 21,017,073
State Funds $ 5,181,938 $ 10,291,693 $ 4,431,830 $ 290,738 $ 820,874 $ 21,017,073

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
Total Funds Budgeted State Funds Budgeted Departmental Program Budgets
Administration Dispute Resolution Licensure and Quality Assurance Rehabilitation Management Enforcement Total

$ 14,503,707 $ 9,713,843 $ 470,115 $ 140,600 $0 $ 44,048 $ 334,329 $ 1,296,009 $ 170,876 $ 183,100 $ 2,514,787 $ 14,867,707 $ 14,503,707

Total Funds $ 2,990,691 $ 8,570,407 $ 1,245,387 $ 733,062 $ 1,328,160 $ 14,867,707

State Funds $ 2,990,691 $ 8,322,887 $ 1,194,427 $ 711,222 $ 1,284,480 $ 14,503,707

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)

$ 763,037,893

Motor Fuel Tax Funds (Issued)

$ 75,000,000

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$ 838,037,893

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund

State General Funds (New)

$ 85,313,235

Motor Fuel Tax Funds (New)

$0

$ 85,313,235

Section 40. Provisions Relative to Section 3, Judicial Branch. The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 41. Provisions Relative to Section 4, Department of Administrative Services. It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services.

Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 2004 of all vehicles purchased or newly leased during Fiscal Year 2004.

Notwithstanding any provision of the law to the contrary, in managing any of the self-

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insurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.

Section 42. Provisions Relative to Section 7, Department of Community Affairs. Provided, that 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

Description
Funding for operating expenses for Silver Haired Legislature

Amount $ 15,000

City of Columbus

Funding for the Civil War Naval Museum in the City of Columbus

$ 87,500

City of Augusta

Funding for the Augusta Mini-Theater after

school program

$ 50,000

Warren County

Funding for indirect cost in Warren County $ 50,000

McDuffie County

Funding for equalization in McDuffie County $ 100,000

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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 2005 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 2005 shall not exceed 13.1%.

Section 44. Provisions Relative to Section 11, State Board of Education Department of Education.
The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,342.73. 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

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11

860

568

Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment.

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.

Provided, that of the above appropriations relative to the treatment of Hemophilia and it's complications, these funds may be used to provide treatment and care to the bleeding disorders community or to purchase insurance to provide this treatment and care, whichever is less.

Section 47. Provisions Relative to Section 20, Department of Labor. Provided, from funds known as Reed Act funds credited to and held in this state's account in the Unemployment Trust Fund by the United States Secretary of the Treasury pursuant to the "Job Creation and Worker Assistance Act of 2002" (P.L. 107-147) and Section 903 (d) of the Social Security Act, as amended, $49,339,507 is designated for administration of the unemployment compensation law and public employment offices, including workforce information service delivery, technology, resources, and equipment to support employment, workforce staff training, studies and reports, buildings, fixtures, furnishings, and supplies. The amount hereby appropriated shall not exceed the limitations provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, and shall be obligated and expended in accordance with Section 903 (d) (4) of the Social Security Act.

Provided further, that no funds shall be expended until approved by the Office of Planning and Budget.

Section 48. Provisions Relative to Section 22, Merit System of Personnel Administration.
The Department is authorized to assess no more than $147.00 per budgeted position for the cost of departmental operations and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal year.

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

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is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Provided, that of the amount above for contracts, no more than $55,000 may be used for a common program of subsidizing mass transit fares to and from work for employees of state agencies and authorities, as authorized in O.C.G.A. 45-7-55, and if not for such purposes, then for other purposes within the object class. The subsidy may be limited to employees who live or work in the "Atlanta Ozone Nonattainment Area" and may not exceed $15 per month per employee. The Department of Transportation and any other budget unit eligible for such a grant may apply to this purpose available federal matching funds. For purposes of this appropriation "Atlanta Ozone Nonattainment Area" means the geographic area of the state comprised of Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale Counties.
Section 50. Provisions Relative to Section 30, Department of Revenue. For purposes of homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $10,000 for the taxable year beginning January 1, 2004.
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. 2005.
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.

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c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 36 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade 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 $25,893,450 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 $300,000,000; 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

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hundred forty months. The General Assembly has determined that the obligations of the issue will be self-liquidating over the life of the issue.
Section 54. In addition to all other appropriations for the State fiscal year ending June 30, 2005, 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

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of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 56. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 57. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 58. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 59. In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 60. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 2004 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State

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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. 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

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shall not apply to project grant funds not appropriated in this Act.
Section 63. Provisions Relative to Section 39, State of Georgia General Obligation Debt Sinking Fund.
From the appropriation designated "State General Funds (New)", $14,087,040 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $161,920,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $2,984,330 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $13,205,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $224,870 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $995,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $8,452,485 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 $97,155,000 7in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $5,729,820 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 $65,860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated "State General Funds (New)," $4,785,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $55,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $78,300 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $421,950 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,850,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $4,452,200 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 $19,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $2,260,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have

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maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $420,360 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $2,260,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $1,695,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $74,820 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,447,506 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

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or useful in connection therewith, through the issuance of not more than $16,638,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $926,600 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Forestry Commission, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $1,740,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the purposes of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $2,453,400 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $28,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $565,500 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,252,800 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in

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connection therewith, through the issuance of not more than $14,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $8,700,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $100,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $4,520,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $384,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $1,356,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $472,410 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension,

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enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,430,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,219,740 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,020,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $205,660 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $910,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $111,795 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,285,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,786,530 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,905,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $1,376,340 is

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specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,820,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $174,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Defense, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $33,900 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $150,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $96,050 is specifically appropriated for the purpose of financing projects and facilities for the Department of Revenue, 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 $425,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $1,993,170 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $22,910,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated "State General Funds (New)," $29,928 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 $344,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,377,993 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 $15,839,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $365,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $24,099 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $277,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,805,250 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,750,000 in principal amount of General Obligation Debt, the instruments of which shall have

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maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $174,000 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the East Coweta County Public Library for that library, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $174,000 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Forsyth County Public Library for that library, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,655,784 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 $19,032,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $31,640 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $140,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $163,850 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Safety 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 $725,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

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From the appropriation designated "State General Funds (New)," $73,080 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Bartow County Public Library for that library, through the issuance of not more than $840,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $41,760 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 $480,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and for forty months.
From the appropriation designated "State General Funds (New)," $217,500 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the South Bibb County Public Library for that library, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $43,500 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Wheeler County Public Library for that library, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $174,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $121,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

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equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and for forty months.
From the appropriation designated "State General Funds (New)," $97,875 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,125,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and for forty months.
Section 64. Salary Adjustments. The General Assembly has distributed and included in the agency appropriations listed above funding for the following purposes: 1.) To provide a general salary adjustment of 2%, not to exceed $1,600 per employee on an annual basis, for employees of the Judicial, Legislative and Executive branches, with the amount of the appropriation for this purpose calculated according to an effective date of January 1, 2005. The proposed salary adjustment for Executive branch employees will be in conformance with the compensation and performance management plans promulgated by the State Personnel Board or as otherwise provided by law. 2.) To provide for a cost-of-living adjustment of 2% for each state official whose salary is set by Code Sections 45-7-3, 45-7-4, 45-7-20 and 45-7-21 and for discretionary increases of 2% for other department heads and officers whose salary is not set by statute. The amount of the appropriation for this purpose is calculated according to an effective date of January 1, 2005. 3.) To provide a cost-of-living adjustment of 2% for members of the General Assembly. The amount of the appropriation for this purpose is calculated according to an effective date of January 1, 2005. 4.) To provide for a 2% increase in the state base salary on the local teacher salary schedule of the State Board of Education. This proposed 2% salary improvement is in addition to the salary increases awarded to certificated personnel through normal progression on the teacher salary schedule of the State Board of Education. The amount of the appropriation for this purpose is calculated according to an effective date of January 1, 2005. 5.) To provide for a 2% increase for local school bus drivers and lunchroom workers with the amount of the appropriation for this purpose calculated according to an effective date of July 1, 2004. 6.) In lieu of all other numbered items, to provide a 2% funding level for merit increases for Regents faculty and non-academic personnel, with the amount of the appropriation for this purpose calculated to commence with Spring semester, 2005, for Regents faculty and calculated to commence January 1, 2005, for non-academic personnel. In lieu of all other numbered items, to provide a 2% salary increase for public librarians with the amount of the appropriation for this purpose calculated according to an effective date of January 1, 2005. 7.) In lieu of all other

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numbered items, to provide for a 2% salary increase for teachers with the Department of Technical and Adult Education with the amount of the appropriation for this purpose calculated according to an effective date of January 1, 2005, and to provide for a 2% salary increase for support personnel, with the amount of the appropriation for this purpose calculated according to an effective date of January 1, 2005. 8.) To provide for the addition of an L-6 longevity factor to the teacher salary schedule for Public School Teachers with 21 or more years of experience with the amount of the appropriation for this purpose calculated according to an effective date of January 1, 2005.

Section 65. Provided however, the resulting appropriations above are reduced accordingly in the amount of $179,349,990 for the purpose of extending the final pay period in State Fiscal Year 2005 into the following fiscal year.

Section 66. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 2005

$ 16,376,321,131

Section 67. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 68. All laws and parts of laws in conflict with this Act are repealed.

Senator Hill of the 4th moved that the Senate adopt the Conference Committee Report on HB 1181.

On the motion, a roll call was taken, and the vote was as follows:

N Adelman Y Balfour Y Blitch Y Bowen N Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks
Clay Y Collins Y Crotts Y Dean

Y Harbison Y Harp N Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R N Lamutt Y Lee N Levetan Y Me V Bremen

Y Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens
Stokes Tanksley N Tate Y Thomas,D N Thomas,N Y Thomas,R Y Thompson

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N Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Moody Y Mullis N Price Y Reed Y Seabaugh

Y Tolleson Y Unterman Y Williams Y Zamarripa

On the motion, the yeas were 43, nays 10; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1181.

Senator Harp of the 16th moved that the Senate dissolve the Conference Committee # 1 on HB 1028 and a second Conference Committee be appointed.

Senator Balfour of the 9th moved the previous question.

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 E Clay Y Collins Y Crotts Y Dean
Fort Y Gillis Y Golden E Hall Y Hamrick

Y Harbison Y Harp Y Henson E Hill Y Hooks Y Hudgens Y Jackson N Johnson Y Kemp,B Y Kemp,R
Lamutt Y Lee N Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Seay Shafer
Y Smith,F Y Smith,P Y Squires Y Starr N 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 45, nays 3, the motion prevailed; and the previous question was ordered.

On the motion to dissolve Conference Committee # 1 on HB 1028, a roll call was taken, and the vote was as follows:

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Y Adelman N Balfour Y Blitch Y Bowen Y Brown N Brush N Bulloch Y Butler
Cagle N Cheeks E Clay N Collins Y Crotts Y Dean
Fort Y Gillis N Golden E Hall N Hamrick

Y Harbison Y Harp Y Henson E Hill Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R Y Lamutt Y Lee N Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh

Y Seay Shafer
Y Smith,F N Smith,P Y Squires Y Starr N Stephens Y Stokes Y Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson N Tolleson N Unterman N Williams Y Zamarripa

On the motion, the yeas were 29, nays 21, the motion prevailed; and the Conference Committee # 1 on HB 1028 was dissolved.

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 Bills of the House and Senate:

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.

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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.

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 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 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.

The Speaker has appointed on the part of the House, Representatives Royal of the 140th, Jamieson of the 22nd, and Heard of the 75th.

The House has agreed to the Senate amendment to the following Bill of the House:

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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.

The House has agreed to the Senate amendment to the House amendment to the Senate substitute to the following Bill of the House:

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.

The House has adopted, by substitute, by the requisite constitutional majority the following Resolution of the Senate:

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 House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:

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.

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The following bill was taken up to consider House action thereto:
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.
The House substitute was as follows:
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 designbuild 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by striking paragraph (1) of subsection (d) of Code Section 32-2-61, relating to limitations on power to contract, in its entirety and inserting in its place the following:
"(d)(1) The department is prohibited from negotiating any contract for the construction or maintenance of a public road involving the expenditure of $50,000.00 or more except any contract:
(A) With counties, municipalities, and state agencies, provided that such negotiated contract shall be made at the average bid price of the same kind of work let to contract after advertisement during a period of 60 days prior to the making of the contract; (B) With a railroad company or utility concerning relocation of its tracks or facilities where the same are not then located on a public road and such relocation is necessary as an incident to the construction or improvement of a public road. However, nothing contained in this subsection shall be construed as requiring the department to furnish a site or right of way for railroad or railway lines or tracks or

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utility facilities required to be removed from a public road. Furthermore, this subsection shall not prevent the department from assisting in the removal and relocation of publicly owned utilities from locations on public roads as provided in Code Section 32-6-170; (C) For emergency construction or maintenance involving the expenditure of $50,000.00 or more when the public interest requires that the work be done without the delay of advertising for public bids; (D) For the procurement of business, professional, or other services from any person, firm, or corporation as an independent contractor; or (E) With the State Road and Tollway Authority; or (F) Through the provisions of a design-build contract as provided for in Code Section 32-2-81."
SECTION 2. Said title is further amended by adding a new Code Section 32-2-81 to read as follows:
"32-2-81. (a) As used in this Code section, the term 'design-build procedure' means a method of contracting under which the department contracts with another party for the party to both design and build the structures, facilities, and other items specified in the contract. (b) The department may use the design-build procedure for buildings, bridges and approaches, rail corridors, and limited or controlled access projects or projects that may be constructed within existing rights of way where the scope of work can be clearly defined or when a significant savings in project delivery time can be attained and when the estimated bid cost does not exceed $10 million. (c) When the department determines that it is in the best interests of the public, the department may combine any or all of the environmental services, right of way services, design services, and construction phases of a public road or other transportation purpose project into a single contract using a design-build procedure. Design-build contracts may be advertised and awarded notwithstanding the requirements of paragraph (1) of subsection (d) of Code Section 32-2-61. However, construction activities may not begin on any portion of such projects until title to the necessary rights of way and easements for the construction of that portion of the project has vested in the state or a local governmental entity and all railroad crossing and utility agreements have been executed. (d) The department shall adopt by rule procedures for administering design-build contracts. Such procedures shall include, but not be limited to:
(1) Prequalification requirements; (2) Public advertisement procedures; (3) Scope of service requirements; (4) Letters of interest requirements; (5) Request for proposals. Requests for proposal shall include the applicable percentage to be applied to each evaluation criterion and the relative weight to be assigned to each;

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(6) Criteria for evaluating technical information and project costs; (7) Criteria for selection and award process, provided that the rules shall specify that the criteria for selection shall consist of the following minimum two components:
(A) A statement of qualifications from which the department will determine a list of qualified firms for the project; and (B) From the list of qualified firms as provided in subparagraph (A) of this paragraph, a price proposal from each firm from which the department shall select the lowest, most responsive bidder; provided, however, that a proposal will only be considered nonresponsive if it does not contain all the information and level of detail requested in the request for proposal. A proposal shall not be deemed to be nonresponsive solely on the basis of minor irregularities in the proposal that do not directly affect the ability to fairly evaluate the merits of the proposal. Notwithstanding the requirements of Code Section 36-91-21, under no circumstances shall the department use a 'best and final offer' standard in awarding a contract; and (8) Criteria for resolution of contract issues. (e) The department must receive at least three letters of interest in order to proceed with a request for proposals. The department shall request proposals from no fewer than three of the design-build firms submitting letters of interest. If a design-build firm withdraws from consideration after the department requests proposals, the department may continue if at least two proposals are received. (f) In contracting for design-build projects, the department shall be limited to contracting for no more than $100 million per fiscal year. (g) Not later than 90 days after the end of the fiscal year, the department shall provide to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and chairmen of the House and Senate Transportation Committees a summary containing all the projects awarded during the fiscal year using the design-build contracting method. Included in the report shall be an explanation for projects awarded to other than the low bid proposal. This report shall be made available for public information."

SECTION 3. This Act shall become effective on July 1, 2004.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Williams of the 19th moved that the Senate agree to the House substitute to SB 553.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour

Y Harbison Y Harp

Y Seay Y Shafer

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N Blitch Y Bowen Y Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks E Clay Y Collins Y Crotts Y Dean
Fort Y Gillis Y Golden E Hall Y Hamrick

Y Henson E Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

N Smith,F Y Smith,P N Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D N Thomas,N N Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the motion, the yeas were 46, nays 6; the motion prevailed, and the Senate agreed to the House substitute to SB 553.

The following bill was taken up to consider the Conference Committee Report thereto:

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.

The Conference Committee Report was as follows:

The Committee of Conference on SB 449 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 449 be adopted.

Respectfully submitted,

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FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Balfour of the 9th /s/ Senator Seabaugh of the 28th /s/ Senator Moody of the 27th

/s/ Representative Jamieson of the 22nd /s/ Representative Houston of the 139th /s/ Representative Greene of the 134th

COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 449

A BILL TO BE ENTITLED AN ACT

To amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, 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 change certain provisions relating to use of titles and devices, false or fraudulent claims, and regulation of solicitation of employment; to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to remove references to registered public accountants; 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 a land surveyor; 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 Licensing Board for Professional Soil Scientists; to provide for board powers and duties; to provide for certain records; to provide for filing and service of documents; to provide for applications; to provide for eligibility; to provide for licensing; to provide for refusal and discipline; to provide for seals; to provide for a code of professional conduct; to provide for charges of violations; to require utilization of licensees by government entities; to provide for a legal adviser; to provide for exemptions; to make certain acts unlawful; to provide punishment for violations; to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, so as to remove references to registered public accountants; to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against health and morals, so as to remove references to registered public accountants; to provide for related matters; to provide for effective dates; to provide for certain funding contingencies; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, is amended by striking Code Section 43-3-13, relating to requirements for certificate of "registered public accountant," and inserting in its place the following:
"43-3-13. Notwithstanding any other provision of this chapter, on and after July 1, 2004, each registered public accountant who holds a live permit and who is in good standing shall upon application be certificated as a certified public accountant. On and after July 1, 2004, the board shall not consider any application for a certificate of registered public accountant."
SECTION 2. Said chapter is further amended by repealing and reserving Code Section 43-3-14, relating to examinations for registered public accountants; Code Section 43-3-16, relating to certificate holder as "registered public accountant," list of registered public accountants, and periodic registration; Code Section 43-3-18, relating to reciprocity for registered public accountants; and Code Section 43-3-19, relating to persons holding registered public accountant certificates as of July 1, 1977.
SECTION 3. Said chapter is further amended by striking subsection (b) of Code Section 43-3-21, relating to registration requirements for firms of public accountants or certified public accountants, by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively, and by striking subsection (a) and inserting in its place the following:
"(a) A firm practicing public accountancy in this state shall register with the board as a firm of certified public accountants, provided it meets the following requirements:
(1) Each partner, member, or shareholder of the firm shall be a certified or registered public accountant of some state in good standing; (2) The firm shall be in compliance with all requirements and provisions of state law governing the organizational form of the firm; (3) The firm shall comply with all regulations pertaining to firms registered with the board; and (4) The resident manager of the office of the firm and each partner, member, or shareholder thereof personally engaged within this state in the practice of public accountancy shall be a certified or registered public accountant of this state in good standing."
SECTION 4. Said chapter is further amended by striking subsection (a) and paragraph (1) of subsection (b) of Code Section 43-3-24, relating to issuance of permits to practice accountancy and issuance of temporary permits to nonresidents, and inserting in their place the following:
"(a) A permit to engage in the practice of public accountancy in this state shall be issued by the division director, at the direction of the board, to each person who is

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certificated as a certified public accountant under Code Sections 43-3-6 through 43-312, registered as a public accountant under Code Sections 43-3-13 through 43-3-19, or registered as a foreign accountant under Code Section 43-3-20 who shall have furnished evidence, satisfactory to the board, of compliance with the requirements of Code Section 43-3-25, and to individuals and firms registered under Code Section 43-3-21, provided that such entities are maintained and registered as required under Code Sections 43-3-21 and 43-3-23. There shall be a biennial permit fee in an amount to be determined by the board."
"(1) An applicant for a temporary permit under this subsection shall show that he or she is duly licensed and authorized to practice as a certified public accountant or as a firm of certified public accountants or the equivalent in another state or as a registered public accountant or as a firm of registered public accountants or the equivalent in another state and shall give the name of each person who will be engaged in the practice of public accounting in this state in the performance of the professional engagement which is the subject of the application;"
SECTION 5. Said chapter is further amended by striking subsection (a) of Code Section 43-3-25, relating to continuing professional education requirements, and inserting in its place the following:
"(a) Every application for renewal of a live permit by any individual who is and has been certificated as a certified public accountant, registered as a registered public accountant, or registered as a foreign accountant by this state for one year or more shall be accompanied or supported by such evidence as the board shall prescribe of satisfactory completion of continuing professional education as provided in this Code section, provided that the board may relax or suspend requirements of continuing professional education in instances where an applicants health requires it or in instances of individual hardship."
SECTION 6. Said chapter is further amended by striking the introductory language of subsection (a) of Code Section 43-3-28, relating to revocation, suspension, or refusal to renew certificate, registration, or permit and immunity, and inserting in its place the following:
"(a) After notice and hearing as provided in Code Section 43-3-30, the board may revoke or suspend any certification issued under Code Sections 43-3-6 through 43-3-12 or a registration issued under Code Sections 43-3-13 through 43-3-19 or under Code Section 43-3-20 or may revoke, suspend, or refuse to renew any live permit or may censure the holder of any such permit for any cause which the board may deem sufficient, including, without limiting the generality of the foregoing, any one or any combination of the following causes:"
SECTION 7.

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Said chapter is further amended by striking subsections (c) and (d) of Code Section 43-335, relating to use of titles or devices, false or fraudulent claims, and regulation of solicitation of employment, by redesignating subsections (f), (g), (h), and (i) as subsections (d), (e), (f), and (g), respectively, and by striking subsection (e) and inserting in its place the following:
"(e)(c) No individual, firm, or any other person or entity shall assume or use: (1) any title or designation likely to be confused with 'certified public accountant,' or 'public accountant,' including, without limiting the generality of the foregoing, 'certified accountant,' 'enrolled accountant,' 'licensed accountant,' 'licensed public accountant,' or 'registered accountant'; or (2) any abbreviation likely to be confused with 'C.P.A.,' or 'P.A.,' including, without limiting the generality of the foregoing, 'C.A.,' 'E.A.,' 'R.A.,' 'L.A.,' or 'L.P.A.,' provided that nothing in this subsection shall be construed to prohibit the use of the abbreviation 'P.A.' in accordance with Chapter 10 of Title 14, 'The Georgia Professional Association Act,' or Chapter 7 of Title 14, the 'Georgia Professional Corporation Act,' or any abbreviation authorized by Chapter 11 of Title 14, the 'Georgia Limited Liability Company Act'; and, provided, further, that a foreign accountant registered under Code Section 43-3-20 who holds a live permit and all of whose offices in this state for the practice of public accountancy are maintained and registered as required under Code Sections 43-3-21 and 43-3-23 may use the title under which he or she is generally known in his or her country, followed by the name of the country from which he or she received his or her certificate, license, or degree."
SECTION 8. Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to engineers and land surveyors, is amended by striking Code Section 43-15-8, relating to eligibility for certification as an engineer-in-training, and inserting in lieu thereof the following:
"43-15-8. (a) To be eligible for certification as an engineer-in-training, an applicant applying prior to July 1, 2010, must meet the following minimum requirements:
(1)(A) Graduate in an engineering curriculum of not less than four years from a school or college approved by the board; and (B) Pass a written examination in fundamental engineering subjects (engineer-intraining examination); (2)(A) Graduate in an engineering curriculum of not less than four years or in a curriculum of four or more years in engineering technology or related science, from a school or college approved by the board; and (B) Pass a written examination in fundamental engineering subjects (engineer-intraining examination); or (3)(A) Acquire not less than eight years of experience in engineering work of a nature satisfactory to the board; and (B) Pass a written examination in fundamental engineering subjects (engineer-intraining examination). (b) To be eligible for certification as an engineer-in-training, an applicant applying on

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or after July 1, 2010, must meet the following minimum requirements: (1)(A) Graduate in an engineering curriculum of not less than four years from a school or college approved by the board; and (B) Pass a written examination in fundamental engineering subjects (engineer-intraining examination); or (2)(A) Graduate in an engineering curriculum of not less than four years or in a curriculum of four or more years in engineering technology or related science, from a school or college approved by the board; and (B) Pass a written examination in fundamental engineering subjects (engineer-intraining examination)." SECTION 9.
Said chapter is further amended by striking Code Section 43-15-9, relating to eligibility for a certificate of registration as a professional engineer, and inserting in lieu thereof the following:
"43-15-9. (a) To be eligible for a certificate of registration as a professional engineer, an applicant applying prior to July 1, 2013, must meet the following minimum requirements:
(1)(A) Obtain certification by the board as an engineer-in-training under paragraph (1) of subsection (a) of Code Section 43-15-8; (B) Acquire a specific record of not less than four years experience in engineering work of a character satisfactory to the board which indicates the applicant is competent to practice professional engineering; and (C) Subsequently pass a written examination in the principles and practice of engineering (professional engineers examination); (2)(A) Obtain certification by the board as an engineer-in-training under paragraph (2) of subsection (a) of Code Section 43-15-8; (B) Acquire a specific record of not less than seven years experience in engineering work of a character satisfactory to the board which indicates the applicant is competent to practice professional engineering; and (C) Subsequently pass a written examination in the principles and practice of engineering (professional engineers examination); (3)(A) Obtain certification by the board as an engineer-in-training under paragraph (3) of subsection (a) of Code Section 43-15-8; (B) Acquire a specific record of not less than seven years experience in engineering work of a character satisfactory to the board which indicates the applicant is competent to practice professional engineering; and (C) Subsequently pass a written examination in the principles and practice of engineering (professional engineers examination); or (4)(A) Graduate in an engineering or related science curriculum of not less than four academic years; (B) Acquire a specific record of not less than 16 years experience in engineering

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work, of which at least eight years have been in responsible charge of important engineering work of a character satisfactory to the board, which indicates the applicant is competent to practice professional engineering; and (C) Subsequently pass a written examination in the principles and practice of engineering (professional engineers examination). (b) To be eligible for a certificate of registration as a professional engineer, an applicant applying after July 1, 2013, must meet the following minimum requirements: (1)(A) Obtain certification by the board as an engineer-in-training under paragraph (1) of subsection (a) or paragraph (1) of subsection (b) of Code Section 43-15-8; (B) Acquire a specific record of not less than four years experience in engineering work of a character satisfactory to the board which indicates the applicant is competent to practice professional engineering; and (C) Subsequently pass a written examination in the principles and practice of engineering (professional engineers examination); or (2)(A) Obtain certification by the board as an engineer-in-training under paragraph (2) of subsection (a) or paragraph (2) of subsection (b) of Code Section 43-15-8; (B) Acquire a specific record of not less than seven years experience in engineering work of a character satisfactory to the board which indicates the applicant is competent to practice professional engineering; and (C) Subsequently pass a written examination in the principles and practice of engineering (professional engineers examination)."
SECTION 10. Said chapter is further amended by striking Code Section 43-15-12, relating to eligibility for certification as a land surveyor-in-training, and inserting in lieu thereof the following:
"43-15-12. (a) To be eligible for certification as a land surveyor-in-training, an applicant applying prior to July 1, 2010, must meet the following minimum requirements:
(1)(A) Earn a bachelors degree in a curriculum approved by the board; or (B) Earn an associate degree, or its equivalent, in a curriculum approved by the board and acquire not less than two years of combined office and field experience in land surveying of a nature satisfactory to the board; or (C) Earn a high school diploma, or its equivalent, and acquire not less than four years experience in land surveying of a nature satisfactory to the board; and (2) Acquire a minimum of 15 quarter 12 semester hours credit, or its equivalent, in land surveying subjects in a course of study approved by the board; provided, however, that on and after January 1, 1995, the minimum requirement shall be 20 quarter hours credit, five of which shall be three hours are in hydrology; and (3) Subsequently pass the boards written examination in the fundamentals of land surveying (land surveyor-in-training examination) Fundamentals of Land Surveying (FLS) examination, prepared and graded by the National Council of Examiners for Engineering and Surveying (NCEES), or any other examination as may be approved

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and required by the state board. (b) To be eligible for certification as a land surveyor-in-training, an applicant applying on or after July 1, 2010, must meet the following minimum requirements:
(1) Earn a bachelors degree in a curriculum approved by the state board consisting of a minimum of 18 semester hours or 30 quarter hours credit, or the equivalent, in land surveying subjects, including a minimum of three semester hours or five quarter hours of hydrology; and (2) Subsequently pass the Fundamentals of Land Surveying (FLS) examination, prepared and graded by the National Council of Examiners for Engineering and Surveying (NCEES), or any other examination as may be approved and required by the state board."
SECTION 11. Said chapter is further amended by striking Code Section 43-15-13, relating to eligibility for a certificate of registration as a land surveyor, and inserting in lieu thereof the following:
"43-15-13. (a) To be eligible for a certificate of registration as a land surveyor prior to July 1, 2013, an applicant must meet the following minimum requirements:
(1)(A) Obtain certification as a land surveyor-in-training under subparagraph (a)(1)(A) of paragraph (1) and paragraph paragraphs (2) and (3) of subsection (a) of Code Section 43-15-12; (B) Acquire a specific record of the equivalent of not less than four years of combined office and field experience in land surveying with a minimum of three years experience in responsible charge of land surveying projects under the supervision of a registered land surveyor or such other supervision deemed by the board to be the equivalent thereof; and (C) Subsequently pass a written examination on the principles and practices of land surveying and the laws of this state relating to land surveying (land surveyor examination); (2)(A) Obtain certification as a land surveyor-in-training under subparagraph (a)(1)(B) of paragraph (1) and paragraph paragraphs (2) and (3) of subsection (a) of Code Section 43-15-12; (B) Acquire an additional specific record of the equivalent of not less than four years of combined office and field experience in land surveying which, together with the qualifying experience under subparagraph (a)(1)(B) of paragraph (1) of Code Section 43-15-12, includes not less than four years experience in responsible charge of land surveying projects under the supervision of a registered land surveyor or such other supervision deemed by the board to be the equivalent thereof; and (C) Subsequently pass a written examination on the principles and practices of land surveying (PLS), prepared and graded by the National Council of Examiners for Engineering and Surveying (NCEES), or any other examination as may be approved and required by the state board, and a written examination on the laws of Georgia

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relating to land surveying (land surveyor examination); or (3)(A) Obtain certification as a land surveyor-in-training under subparagraph (a)(1)(C) of paragraph (1) and paragraph paragraphs (2) and (3) of subsection (a) of Code Section 43-15-12; (B) Acquire an additional specific record of not less than four years of experience in land surveying which, together with the qualifying experience under subparagraph (a)(1)(C) of paragraph (1) of Code Section 43-15-12, includes not less than six years experience in responsible charge of land surveying under the supervision of a registered land surveyor or such other supervision deemed by the board to be the equivalent thereof and of a grade and character satisfactory to the board indicating that the applicant is competent to practice land surveying; and (C) Subsequently pass a written examination on the principles and practices of land surveying (PLS), prepared and graded by the National Council of Examiners for Engineering and Surveying (NCEES), or any other examination as may be approved and required by the state board, and a written examination on the laws of this state relating to land surveying (land surveyor examination).; or (4)(A) Obtain certification as a land surveyor-in-training under subsection (b) of Code Section 43-15-12; (B) Acquire a specific record of the equivalent of not less than four years of combined office and field experience in land surveying with a minimum of three years experience in responsible charge of land surveying projects under the supervision of a registered land surveyor or such other supervision deemed by the board to be the equivalent thereof; and (C) Subsequently pass a written examination on the principles and practices of land surveying (PLS), prepared and graded by the National Council of Examiners for Engineering and Surveying (NCEES), or any other examination as may be approved and required by the state board, and a written examination of the laws of Georgia relating to land surveying (land surveyor examination). (b) To be eligible for a certificate of registration as a land surveyor on or after July 1, 2013, an applicant must meet the following minimum requirements: (1) Obtain certification as a land surveyor-in-training under paragraphs (1) and (2) of subsection (b) of Code Section 43-15-12; (2) Acquire a specific record of the equivalent of not less than four years of combined office and field experience in land surveying with a minimum of three years experience in responsible charge of land surveying projects under the supervision of a registered land surveyor or such other supervision deemed by the board to be the equivalent thereof; and (3) Subsequently pass a written examination on the principles and practices of land surveying, prepared and graded by the National Council of Examiners for Engineering and Surveying (NCEES), or any other examination as may be approved and required by the state board, and a written examination on the laws of Georgia relating to land surveying (land surveyor examination)."

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SECTION 12. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by inserting a new chapter to read as follows:
"CHAPTER 43B 43-43B-1. This chapter shall be known and may be cited as the 'Soil Scientists Licensing Act of 2004.'
43-43B-2. The purpose of this chapter is to protect life, property, health, and public welfare through regulation of the practice of soil science in the state; to define the practice of soil science as a profession by establishing minimum standards of ethical conduct and professional responsibility and by establishing professional education and experience requirements; and to prevent abuses in the practice of soil science by untrained or unprincipled individuals. This action recommends itself through benefits to the people of this state and promotion of the public welfare. These benefits are in the field of soil science as related to on-site disposal of domestic waste water (septic systems), land treatment of various waste waters, byproducts, and residual solids on land, bioremediation, erosion and sedimentation, soil productivity, protection of surface and ground water, identification of wetlands and unique natural resources, and other soil matters of concern to the people of the state.
43-43B-3. As used in this chapter, the term:
(1) 'Board' means the State Licensing Board for Professional Soil Scientists. (2) 'License' means a certificate issued by the board to an individual who satisfies the requirements established for a licensed soil scientist under this chapter and the rules and regulations adopted pursuant to this chapter. (3) 'Licensed soil scientist' means a person who is licensed as a soil scientist under this chapter. (4) 'Public practice of soil science' means any service or work, the adequate performance of which requires education in the physical, chemical, and biological sciences, as well as soil science; training and experience in the application of special knowledge of these sciences to the use and management of soils by accepted principles and methods; investigation, evaluation, and consultation in the use and management of soils; and in which the performance is related to the public welfare by safeguarding life, health, property, and the environment. The term includes, but is not limited to, investigating and evaluating the interaction between water, soil, nutrients, plants, and other living organisms that are used to prepare soil scientists reports for subsurface ground absorption systems, including infiltration galleries; land application of residuals such as sludge, septage, and other wastes; spray irrigation of waste water; soil remediation at conventional rates; land application of agricultural

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products and processing residues; bioremediation and volatilization; soil erodibility and sedimentation; and identification of hydric soil and redoximorphic features. (5) 'Responsible charge of work' means the independent control and direction, by the use of initiative, skill, and independent judgment, of soil science work or the supervision of such work. (6) 'Soil' means the unconsolidated mineral or organic matter on the surface of the earth that has been subjected to and influenced by genetic and environmental factors of parent material, climate (including water and temperature effects), microorganisms, and topography, all acting over time and producing a product that differs from the material from which it is derived in many physical, chemical, biological, and morphological properties and characteristics. (7) 'Soil science' means the science dealing with soils as an environmental resource. Soil science includes soil characterization, classification, and mapping; the physical, chemical, hydrologic, mineralogical, biological, and microbiological analysis of soil; and the assessment, analysis, modeling, testing, evaluation, and use of soil for the benefit of mankind. Soil science does not include design or creative works, the adequate performance of which requires extensive geological, engineering, land surveying, forestry, or landscape architecture education, training, and experience or requires registration as a geologist under Chapter 19 of this title, professional engineer or land surveyor under Chapter 15 of this title, or forester under Part 2 of Article 1 of Chapter 6 of Title 12 or licensing as a landscape architect under Chapter 23 of this title. (8) 'Soil scientist-in-training' means a person who has passed the examination and satisfied all other requirements for licensure under this chapter except for the professional work experience requirement. (9) 'Subordinate' means any person who assists a licensed soil scientist in the practice of soil science without assuming the responsible charge of work.
43-43B-4. This chapter does not apply to the following individuals:
(1) An officer or employee of: (A) The federal government; (B) The state government; or (C) Any local government
while such officer or employee is providing soil science services for the officers or employees employer; (2) An individual engaged solely in soil science research or the instruction of soil science; (3) An individual not engaged in the public practice of soil science; (4) A professional engineer registered under Chapter 15 of this title who applies soil science to the practice of engineering; (5) A professional geologist registered under Chapter 19 of this title who applies soil science to the practice of geology;

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(6) A professional forester registered under Part 2 of Article 1 of Chapter 6 of Title 12 who applies soil science to the practice of forestry; (7) A person who is a certified professional in erosion and sediment control (CPESC) or soil conservationist who uses soil science in making land use decisions for the conservation of soil and water resources; (8) A professional wetlands specialist who applies soil science to make wetland delineations or determinations; or (9) A person who conducts soil sampling solely for the purpose of determining plant nutrient and lime application rates for gardening and agricultural purposes.
43-43B-5. (a) The State Licensing Board for Professional Soil Scientists is created, whose duty it shall be to administer this chapter. The board shall be comprised of:
(1) Five members who shall be eligible for licensure under this chapter and who on and after July 1 of the year following the effective date of this chapter shall be soil scientists licensed under this chapter, one of whom shall be an academic soil scientist, one a governmental soil scientist, one a salaried company soil scientist, one an independent or consultant soil scientist, and one a soil scientist at large; (2) A sixth member who shall be appointed from the public at large and who shall have no connection whatsoever with the practice of professional soil science; and (3) The commissioner of human resources, ex officio, or his or her designated agent. (b) The members of the board provided for in paragraphs (1) and (2) of subsection (a) of this Code section shall be appointed by the Governor, subject to approval as to qualifications by the Secretary of State and confirmation by the Senate, for terms of five years and until their successors are appointed and qualified. On the expiration of the term of any member, the members successor shall be appointed in the same manner as regular appointments. (c) Each member of the board shall be a citizen of the United States and a resident of the State of Georgia. (d) No person shall serve as a member of the board for more than one consecutive fiveyear term. (e) The Governor may remove any member of the board pursuant to the authority of Code Section 43-1-17. Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the Governor as provided for in this chapter. (f) The members of the board shall, before entering upon the discharge of their duty, subscribe to and file with the office of the Governor the required oath of office, whereupon the Governor shall issue to each appointee a certificate of appointment. (g) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.
43-43B-6. (a) In addition to other powers and duties specified in this chapter, the board shall:
(1) Promulgate, adopt, amend, and repeal all rules and regulations necessary for its

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government and for carrying this chapter into effect for the regulation of proceedings before the board. The board and all of its rules, regulations, and procedures are subject to and shall comply with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; (2) Adopt and have an official seal; (3) Elect from its membership a chairperson, a vice chairperson, and any other officers deemed necessary who shall hold office for a term of one year; (4) Issue, renew, refuse to renew, deny, suspend, revoke, and reinstate licenses or otherwise discipline licensees under this chapter; (5) Initiate investigations for the purpose of discovering violations of this chapter; (6) Hold hearings on all matters properly brought before the board and, in conjunction therewith, to administer oaths, receive evidence, make necessary findings, and enter orders consistent with the findings. The board may designate one or more of its members as its hearing officer; (7) Adopt a code of professional conduct; (8) Establish and receive fees as required by this chapter; (9) Examine and determine the qualifications and fitness of applicants for licenses to practice soil science in this state; (10) Bring proceedings in the courts for the enforcement of this chapter or any rules or regulations promulgated pursuant to this chapter; (11) Establish reasonable standards for continuing professional education for soil scientists; provided, however, that no examination shall be required for a renewal of a license; and (12) Have such other powers and duties as are necessary to effectuate the purposes of this chapter. (b) The board shall be assigned to the office of the Secretary of State for administrative purposes, shall operate under the jurisdiction of the division director, and shall operate in accordance with and pursuant to the provisions of Chapter 1 of this title, as applicable.
43-43B-7. All appeals from a decision of the board, all documents or applications required by law to be filed with the board, and any notice or legal process to be served upon the board shall be filed with or served upon the division director at his or her office.
43-43B-8. An application for licensing as a soil scientist shall be made under oath and shall show the applicants education and a detailed summary of the applicants professional work experience as a soil scientist. The application shall be accompanied by an application fee fixed by the board.
43-43B-9. (a) To be eligible for a license as a soil scientist in this state, an applicant shall meet

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each of the following minimum qualifications: (1) Be of good ethical character; (2) Hold at least a bachelors degree in science from an accredited college or university with a major in soil science or a related field of science. Such degree shall include a minimum of 30 semester hours or equivalent quarter credit hours in agricultural, biological, chemical, physical, or earth sciences, with a minimum of 15 semester credit hours or equivalent quarter credit hours in soil science courses; (3) Have at least four years of professional work experience as a soil scientist under the supervision of a licensed soil scientist or a soil scientist who is eligible for licensure under this chapter. An applicant may substitute an advanced degree in soil science for a portion of the professional work experience requirement. The board, in its discretion, may allow an applicant to substitute a masters degree in soil science for one year of professional work experience and to substitute a doctoral degree in soil science for two years of professional work experience. The board, in its discretion, may allow an applicant to substitute experience gained through teaching upper-level soil science courses at the college or university level or research in soil science for all or any portion of the professional work experience requirement if the board finds the teaching or research to be equivalent to the responsible charge of work by a soil scientist; and (4) Successfully pass such examinations as are established by the board and which are designed to demonstrate that the applicant has the necessary knowledge and skill to exercise the responsibilities of the public practice of soil science.
(b) The board shall designate an applicant who meets all the requirements for a license under this chapter except the professional work experience requirement as a soil scientist-in-training. A soil scientist-in-training may apply for a license upon completion of the professional work experience requirement.
(c)(1) The board shall waive examination requirements for licensing for an individual who, on the effective date of this chapter, is certified as a soil scientist or soil classifier by:
(A) The American Registry of Certified Professionals in Agronomy, Crops, and Soils (ARCP ACS); or (B) The Department of Human Resources. (2) Examinations shall be held at least annually. (3) The board shall determine the fee for and the scope, form, and content of the examinations provided for under this chapter. (d) A person holding a license to engage in the practice of soil science on the basis of comparable licensing requirements issued to him or her by a proper authority of another state, territory, or possession of the United States or the District of Columbia and who, in the opinion of the board, otherwise meets the requirements of this chapter based on verified evidence may be licensed upon application without further examination.
43-43B-10. (a) The board shall issue a license, upon payment of the license fee set by the board, to

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any applicant who, in the opinion of the board, has satisfactorily met the requirements of this chapter. (b) All licenses shall be renewable biennially at such time as may be designated by the board. All applications for renewal shall be filed with the board prior to the expiration date, accompanied by the renewal fee prescribed by the board. A license which has expired for failure to renew may only be reinstated after application and payment of the prescribed reinstatement fee within six months of the expiration date, provided that the applicant meets such requirements as the board may establish by rule. (c) A new license to replace any license that is lost, destroyed, or mutilated may be issued subject to the rules of the board and payment of a fee set by the board.
43-43B-11. (a) The board shall have the authority to refuse to grant a license to an applicant therefor or to revoke or suspend the license of a person licensed by the board or to otherwise discipline a person licensed by the board the same as provided in Code Section 43-1-19 for professional licensing boards. (b) The action by the board in granting or refusing to grant or renew a license under this chapter or in revoking or suspending or in refusing to revoke or suspend such a license may be appealed in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' to the superior court of the county of domicile of the board; provided, however, that if the findings of the board are supported by any evidence, such findings shall be accepted by the court.
43-43B-12. Each licensee under this chapter may use a seal of such design as is authorized by the board, bearing the licensees name and the legend 'Licensed Professional Soil Scientist.' All drawings, reports, or other papers or documents involving the practice of soil science, as defined in this chapter, which shall have been prepared or approved by a licensed soil scientist or a subordinate employee under his or her direction for the use of or for delivery to any person or for public record within this state shall be signed by him or her and impressed with the seal provided for in this Code section or the seal of a nonresident practicing under this chapter, either of which shall indicate his or her responsibility for them.
43-43B-13. The board shall keep a record and shall publish annually a roster showing the names, places of business, and residence addresses of all soil scientists licensed under this chapter. Copies of such roster shall be made available to the public upon request and payment of a reasonable fee, established by the board, for copying.
43-43B-14. The board shall prepare and adopt by rule a code of professional conduct that shall be made known in writing to every licensee and applicant for licensing under this chapter

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and shall be published by the board. Publication of the code of professional conduct shall be due notice to all licensees of its contents. The board may revise and amend such code of professional conduct. Prior to adoption of any revision or amendments, all licensed members and the public shall receive due notice and an opportunity to be heard.
43-43B-15. Any person may file written charges of violations of this chapter or any rules adopted pursuant to this chapter with the board against any licensee. Any charges or allegations shall be in writing, shall be sworn to by the person making them, and shall be filed with the board. The board shall investigate reasonably all valid complaints.
43-43B-16. On and after January 1 of the year following the effective date of this chapter, this state and its political subdivisions, such as a county, a municipality, or a legally constituted board, district, commission, or authority, shall contract for soil science services only with persons licensed under this chapter or with a firm employing a licensed soil scientist.
43-43B-17. (a) This chapter shall not prohibit one or more soil scientists from practicing through the medium of a sole proprietorship, partnership, limited liability company, or corporation. In a partnership, limited liability company, or corporation whose primary activity consists of soil science services, at least one partner, member, or officer shall be a licensed soil scientist. (b) This chapter shall not prevent or prohibit an individual, firm, company, association, or corporation whose principal business is other than the public practice of soil science from employing a unlicensed soil scientist to perform nonpublic soil science services necessary to the conduct of its business. (c) This chapter shall not be construed to prevent or to affect:
(1) The practice of any profession or trade for which a license is required under any other provision of this Code; (2) The practice of registered professional engineers from lawfully practicing soils mechanics, foundation engineering, and other professional engineering as provided in this title; or (3) The practice of a person who is not a resident of and has no established place of business in this state or who has recently become a resident hereof practicing or offering to practice the profession of soil science herein for more than 30 days in any calendar year if the person shall have filed with the board an application for a license and shall have paid the fee required by this chapter. Such practice shall continue only for such time as the board requires for the consideration of the applicant for licensing.

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43-43B-18. (a) It shall be unlawful for any person other than a licensed soil scientist or a subordinate under the soil scientists direction and not otherwise exempt under this chapter to conduct or participate in any practice of soil science or prepare any soil science reports, maps, or documents related to the public welfare or the safeguarding of life, health, property, or the environment. (b) It shall be unlawful for any person, including a soil scientist-in-training or a subordinate, to practice, or offer to practice, soil science in this state or to use in connection with his or her name, otherwise assume, or advertise any title or description tending to convey the impression that he or she is a licensed soil scientist unless that person has been duly licensed or is exempted under the provisions of this chapter. (c) It shall be unlawful for anyone other than a licensed soil scientist to stamp or seal any soils related plans, maps, reports, or other soils related documents with the seal or stamp of a licensed soil scientist or use in any manner the title 'soil scientist' unless that person is licensed under this chapter. (d) It shall be unlawful for any person to affix his or her signature to, stamp, or seal any soils related plans, maps, reports, or other soils related documents after the license of the person has expired or been suspended or revoked. (e) It shall be unlawful for a licensed soil scientist to prepare plats and maps so as to engage in the practice of land surveying as defined in Code Section 43-15-2 unless the licensed soil scientist is also a registered land surveyor under Chapter 15 of this title. (f) It shall be unlawful for a licensed soil scientist to engage in the design of engineering works and systems unless the licensed soil scientist is also a registered professional engineer under Chapter 15 of this title. (g) It shall be unlawful for a licensed soil scientist to engage in the practice of geology unless the licensed soil scientist is also a registered geologist under Chapter 19 of this title. (h) Subsections (a) and (b) of this Code section shall apply only to acts committed on or after January 1 of the year following the effective date of this chapter.
43-43B-19. (a) A person who:
(1) Willfully practices soil science or offers to practice soil science for any other person in this state without being licensed and who is not otherwise exempt in accordance with the provisions of this chapter; (2) Presents or attempts to use as his or her own the license or the seal of any other soil scientist; (3) Gives any false or forged evidence in the course of applying for a license under this chapter; (4) Impersonates a licensed soil scientist; (5) Practices or attempts to practice at any time while his or her license is suspended or revoked; or (6) Commits any other act made unlawful by this chapter

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shall be guilty of a misdemeanor. (b) Paragraph (1) of subsection (a) of this Code section shall apply only to acts committed on or after January 1 of the year following the effective date of this chapter."
SECTION 13. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by striking paragraph (14) of subsection (a) of Code Section 43-40-29, relating to exceptions to operation of chapter, and inserting in its place the following:
"(14) A licensed certified public accountant or registered public accountant acting solely as an incident to the practice of public accounting."
SECTION 14. Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, is amended by striking paragraph (2) of Code Section 7-1-1000, relating to definitions, and inserting in its place the following:
"(2) 'Audited financial statement' means the product of the examination of financial statements in accordance with generally accepted auditing standards by an independent certified public accountant or by an independent Georgia registered public accountant considered acceptable by the department, which product consists of an opinion on the financial statements indicating their conformity with generally accepted accounting principles."
SECTION 15. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against health and morals, is amended by striking subsection (j) of Code Section 16-1222.1, relating to raffles operated by nonprofit, tax-exempt organizations, and inserting in its place the following:
"(j) On or before April 15 of each year, every nonprofit, tax-exempt organization engaged in operating raffles shall file with the sheriff a report disclosing all receipts and expenditures relating to the operation of raffles in the previous year. The report shall be in addition to all other reports required by law. The report shall be prepared and signed by a certified or registered public accountant competent to prepare such a report and shall be deemed a public record subject to public inspection."
SECTION 16. Said chapter is further amended by striking Code Section 16-12-59, relating to annual report to be filed with the director of the Georgia Bureau of Investigation by bingo game operators, and inserting in its place the following:
"16-12-59. On or before April 15 of each year, every nonprofit, tax-exempt organization engaged in operating bingo games shall file with the director a report disclosing all receipts and

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expenditures relating to the operation of bingo games in the previous year. The report shall be in addition to all other reports required by law. The report shall be prepared and signed by a certified or registered public accountant competent to prepare such a report and shall be deemed a public record subject to public inspection."

SECTION 17. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 2004. (b) Section 12 of this Act shall become effective only upon the effective date of a specific appropriation of funds for the purposes of Section 12 of this Act as expressed in a line item making specific reference to the full funding of Section 12 of this Act in an appropriations Act enacted by the General Assembly.

SECTION 18. All laws and parts of laws in conflict with this Act are repealed.

Senator Balfour of the 9th moved that the Senate adopt the Conference Committee Report on SB 449.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Harbison Y Harp Y Henson E 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 54, nays 1; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 449.

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The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House:

HB 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 Speaker has appointed on the part of the House, Representatives Fludd of the 48th, Post 4, Moraitakis of the 42nd, Post 4, and Stephenson of the 60th, Post 1.

The House has adopted the report of the Committee of Conference on the following Bills of the House and Senate:

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.

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

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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.
The following resolution was taken up to consider House action thereto:
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 House substitute was as follows:
A RESOLUTION
Creating the Improvement of Georgias Pre-K Program Joint Study Commission; and for other purposes.
WHEREAS, more than 566,750 of Georgias four year-old children have received Pre-K services totaling more than $2.124 billion; and
WHEREAS, the Pre-K Program is funded by proceeds from the Georgia Lottery for Education; and
WHEREAS, the members of the General Assembly want to assure the continuing and future availability of sufficient funds for the Pre-K Program.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Improvement of Georgias Pre-K Program Joint Study Commission to be composed of 20 members. The Senate Committee on Assignments shall appoint four members of the Senate as members of the commission and shall designate one of such members as cochairperson. The Speaker of the House of Representatives shall appoint four members of the House of Representatives as members of the commission and shall designate one of such members as cochairperson. The Governor shall appoint eight members of the commission which shall include: two members with expertise relating to early education; one private for profit Pre-K program teacher; one public nonprofit Pre-K program teacher; one parent of a child attending a for profit Pre-K program; one parent of a child attending a public nonprofit Pre-K program;

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the director of a private for profit Pre-K program; and the director of a public nonprofit Pre-K program. The director of the Office of School Readiness, director of the Georgia Lottery Corporation, the director of the Georgia Student Finance Commission, and the state school superintendent shall also serve.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate to improve the Pre-K program for the future. 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 commission shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated as well as the mileage or transportation allowance authorized for state employees. Members of the commission who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. The University of Georgia Carl Vinson Institute of Government and legislative staff support services are authorized and directed to provide clerical and staff support to the commission. Employees of the University of Georgia Carl Vinson Institute of Government and of the General Assembly shall receive no additional compensation for their services to the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties for the commission in the same manner as they are reimbursed for expenses in their capacities as state employees. All other funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the Senate and House of Representatives. The expenses and allowances authorized by this resolution shall not be received by any member of the commission for more than five days unless additional days are authorized. In the event the commission makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2004. The committee shall stand abolished on December 31, 2004.
Senator Kemp of the 46th moved that the Senate agree to the House substitute to SR 760.
On the motion, a roll call was taken and the vote was as follows:

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Y Adelman Balfour
N Blitch Y Bowen Y Brown
Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

N Harbison Y Harp Y Henson E Hill Y Hooks Y Hudgens Y Jackson
Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed
Seabaugh

Y Seay Y Shafer N Smith,F Y Smith,P N Squires Y Starr Y Stephens Y Stokes
Tanksley Y Tate Y Thomas,D N Thomas,N Y Thomas,R
Thompson Y Tolleson Y Unterman
Williams Y Zamarripa

On the motion, the yeas were 42, nays 6; the motion prevailed, and the Senate agreed to the House substitute to SR 760.

The following bill was taken up to consider House action thereto:

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.

Senator Levetan of the 40th asked unanimous consent that the Senate adhere to its substitute to HB 208 and that a Conference Committee be appointed.

The consent was granted, and the President appointed as a Conference Committee the following Senators: Seabaugh of the 28th, Kemp of the 3rd and Levetan of the 40th.

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Senator Cagle of the 49th asked unanimous consent that Senate Rule 156 (e) be suspended to allow the consideration of the Conference Committee Report on SB 514.

The consent was granted and Senate Rule 156 (e) was suspended.

The following bill was taken up to consider the Conference Committee Report thereto:

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.

The Conference Committee Report was as follows:

The Committee of Conference on SB 514 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 514 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Cagle of the 49th /s/ Senator Lee of the 29th /s/ Senator Starr of the 44th

/s/ Representative Royal of the 140th /s/ Representative Jamieson of the 22nd /s/ Representative Howell of the 92nd

COMMITTEE OF CONFERENCE 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 change certain provisions regarding the creation of tax allocation districts; to change the definition of redevelopment area; 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; to authorize the issuance of commercial paper; to authorize the issuance of general

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obligation bonds bearing interest at variable rates; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking subparagraphs (F) and (G) of paragraph (7) of Code Section 36-443, relating to definitions regarding redevelopment powers, and inserting in their places new paragraphs (F), (G), and (H) to read as follows:
"(F) Any geographic area designated within the comprehensive plan of a political subdivision for redevelopment which has previously been developed for commercial, residential, industrial, office, or similar or ancillary uses and which lies within the service delivery area of the political subdivision, in which the current condition of the area is less desirable than the redevelopment of the area for new commercial, residential, industrial, office, or other uses, or a combination of uses, including the provision of open space or pedestrian and transit improvements, and any geographic area that is adversely affected by airport or transportation related noise or other environmental degradation, contamination, or other environmental factors which the political subdivision has determined to be impairing or retarding the redevelopment of the area; or (G) Any urbanized or developed area or an area connecting two or more urbanized or developed areas that has been subject to some development but which has inadequate roadways, bridges, or public transportation or transit facilities incapable of handling the volume of traffic or passenger flow in or through the area in a safe and efficient manner either at present or following proposed redevelopment; or (G)(H) Any area combining any factors specified in subparagraphs (A) through (F)(G) of this paragraph."
SECTION 2. Said title is further amended by striking Code Section 36-44-8, relating to creation of tax allocation districts, and inserting in its place a new Code Section 36-44-8 to read as follows:
"36-44-8. In order to create and carry out the purposes of a tax allocation district, the following steps are required:
(1) Preparation by the redevelopment agency of a redevelopment plan for the proposed tax allocation district and its submission for consent to the political subdivision or board of education required to consent, if the plan proposes to include in the tax allocation increment ad valorem taxes levied by a political subdivision or board of education required to consent to such inclusion under Code Section 36-44-9, or if the plan proposes to pledge for payment or security for payment of tax allocation

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bonds and other redevelopment costs the general funds of a county required to consent to such inclusion under Code Section 36-44-9; (2) Submission of the redevelopment plan, along with a certified copy of any resolution giving the consent required under paragraph (1) of this Code section, to the local legislative body of the political subdivision whose area of operation will include the tax allocation district; and (3) Adoption by the local legislative body of a resolution approving the redevelopment plan and which:
(A) Describes the boundaries of the tax allocation district with sufficient definiteness to identify with ordinary and reasonable certainty the territory included. The boundaries shall include only those whole units of property assessed for ad valorem property tax purposes; (B) Creates the district on December 31 following the adoption of the resolution or on December 31 of a subsequent year as determined by the local legislative body; (C) Assigns a name to the district for identification purposes. The first district created shall be known as 'Tax Allocation District Number 1,' followed by the name of the political subdivision within whose area of operation the district is located; (D) Specifies the estimated tax allocation increment base; (E) Specifies property taxes to be used for computing tax allocation increments; (F) Specifies the property proposed to be pledged for payment or security for payment of tax allocation bonds which property may include positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, as determined by the political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20; and (G) Contains findings that:
(i) The redevelopment area on the whole has not been subject to growth and development through private enterprise and would not reasonably be anticipated to be developed without the approval of the redevelopment plan or includes one or more natural or historical assets which have not been adequately preserved or protected and such asset or assets would not reasonably be anticipated to be adequately preserved or protected without the approval of the redevelopment plan; and (ii) The improvement of the area is likely to enhance the value of a substantial portion of the other real property in the district. If any information required to be included in the resolution approving the redevelopment plan under subparagraphs (A) through (G) of this paragraph is contained in the redevelopment plan, then the resolution approving the redevelopment plan may incorporate by reference that portion of the redevelopment plan containing said information.; and (4) A certified copy of any resolution giving the consent required under paragraph (1) of this Code section must be submitted to the local legislative body of the political subdivision whose area of operation will include the tax allocation district prior to

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inclusion of such ad valorem taxes or general funds in calculation of the tax allocation increment."
SECTION 3. Said title is further amended by striking subsection (c) of Code Section 36-44-11, relating to allocation of certain tax allocation increments, and inserting in its place a new subsection (c) to read as follows:
"(c) All positive tax allocation increments received for a tax allocation district shall be deposited into a special fund for the district upon receipt by the fiscal officer of the political subdivision. All general funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and other redevelopment costs of the tax allocation district shall be deposited upon receipt into the special fund. Any lease or other contract payments made under the districts redevelopment plan shall also be deposited upon receipt into the special fund. Moneys derived from positive tax allocation increments, general fund moneys, and moneys derived from lease or other contract payments shall be accounted for separately within the special fund. Moneys shall be paid out of the fund only to pay redevelopment costs of the district or to satisfy claims of holders of tax allocation bonds issued for the district. The local legislative body shall irrevocably pledge all or a part of such special fund to the payment of the tax allocation bonds. The special fund or designated part thereof may thereafter be used only for the payment of the tax allocation bonds and interest until they have been fully paid, and a holder of said bonds shall have a lien against the special fund or said designated part thereof pledged for payment of said bonds and may either at law or in equity protect and enforce the lien. General funds derived from the tax allocation district may be used for payment of tax allocation bonds only to the extent that positive tax allocation increments and lease or other contract payments in the special fund are insufficient at any time to pay principal and interest due on such bonds. Subject to any agreement with bondholders, moneys in the fund may be temporarily invested in the same manner as other funds of the political subdivision. Except as provided in Code Section 36-44-20, general funds derived from the tax allocation district may be used for payment of tax allocation bonds only to the extent that positive tax allocation increments and lease or other contract payments in the special fund are insufficient at any time to pay the principal and interest due on such bonds. After all redevelopment costs and all tax allocation bonds of the district have been paid or provided for, subject to any agreement with bondholders, if there remains in the fund any moneys derived from positive tax allocation increments, they shall be paid over to each county, municipality, consolidated government, or county or independent board of education whose ad valorem property taxes were affected by the tax allocation district in the same manner and proportion as the most recent distribution by the county tax collector or tax commissioner, municipal official responsible for collecting municipal ad valorem property taxes, or consolidated government official responsible for collecting consolidated government ad valorem property taxes. If there remains in the fund any other moneys, they shall be paid over to each political subdivision which contributed to the fund in proportion to the respective total

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contribution each made to the fund."
SECTION 4. Said title is further amended by striking Code Section 36-44-20, relating to use of local general fund moneys with respect to tax allocation bonds, and inserting in its place a new Code Section 36-44-20 to read as follows:
"36-44-20. (a) Notwithstanding any other provisions of this chapter, a local legislative body may use, pledge, or otherwise obligate its general funds for payment or security for payment of tax allocation bonds issued or incurred under this chapter but only if those general funds are derived from a designated tax allocation district and used for payment or security for payment of tax allocation bonds issued or incurred under this chapter for redevelopment of that district and only to the extent that positive tax increments or lease or other contract payments in that districts special fund are insufficient at any time to pay principal and interest due on such bonds. (b) The requirement of insufficiency provided for in subsection (a) of this Code section may be satisfied by adoption of a resolution of the local legislative body finding that positive tax increments or lease or other contract payments in the districts special fund will be insufficient to pay principal and interest on bonds to be issued to finance redevelopment costs for the redevelopment described in the redevelopment plan."
SECTION 5. Said title is further 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

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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 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

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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 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 6. 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

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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 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

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amounts to be paid or received pursuant to the terms of such qualified interest rate management agreement."
SECTION 7. 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

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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 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

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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 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 8. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. (b) Sections 2, 3, and 4 of this Act shall become effective on July 1, 2004.

SECTION 9. 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 on SB 514.

On the motion, a roll call was taken, and the vote was as follows:

Adelman Y Balfour Y Blitch Y Bowen Y Brown
Brush Y Bulloch Y Butler Y Cagle Y Cheeks 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 Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R
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 Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the motion, the yeas were 50, nays 1; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 514.

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The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
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; to change certain provisions regarding applicability of sales and use tax to motor fuel sales; to change certain provisions regarding the second motor fuel tax; 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 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by striking Code Section 32-5-21, relating to the priority of expenditures from the State Public Transportation Fund, and inserting in its place a new Code Section 32-5-21 to read as follows:
"32-5-21. Subject to the restrictions on expenditures imposed by Code Section 32-5-23, the State Public Transportation Fund shall be expended by the department in the following order; provided, however, that 25 percent of the total amount of taxes collected at the rate of 4 percent under paragraph (1) of subsection (b) of Code Section 48-9-14 shall be expended in accordance with paragraph (6) of this Code section:
(1) To pay the rentals on lease contracts entered into pursuant to the authority of the Constitution of Georgia; (2) To pay into the State of Georgia Guaranteed Revenue Debt Common Reserve Fund the amount of the highest annual debt service requirements for an issue of

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guaranteed revenue debt for public road projects initiated pursuant to Code Section 32-10-67, upon its issuance, when the guarantee of the specific issue has been authorized by an appropriation of moneys governed by Article III, Section IX, Paragraph VI(b) of the Constitution and the appropriation meets the requirements for such debt as provided by Article VII, Section IV, Paragraph III(b) of the Constitution; (3) To pay the costs of operating the department and for any emergencies or unusual situations; (4) To pay the costs necessary to comply with the conditions of federal-aid apportionments to the state for the planning, surveying, constructing, paving, and improving of the public roads in Georgia; (5) Next, a sum equal to at least 15 percent of the State Public Transportation Fund, said sum to be used as follows:
(A) One-third to pay all or part of the costs of the planning, surveying, constructing, improving, paving, and completing public roads not on the state highway system; (B) One-third to pay all or part of the costs of planning, surveying, constructing, improving, and paving public roads on the state highway system; and (C) The remaining one-third to pay all or part of the costs of planning, surveying, constructing, reconstructing, paving, and improving the public roads of Georgia determined by the department to be most in need of such work; and (6) A sum equal to 25 percent of the total amount of taxes collected at the rate of 4 percent under paragraph (1) of subsection (b) of Code Section 48-9-14 shall be used as follows: (A) Seventy-five percent of such amount shall be expended on the costs of planning, surveying, constructing, reconstructing, paving, and improving the public roads of Georgia as determined by the department to be eligible under the departments Local Assistance Road Program; and (B) Twenty-five percent of such amount shall be expended on the costs of planning, surveying, constructing, reconstructing, paving, and improving the public roads of Georgia not on the state highway system or as determined by the department to be most in need of such work; and (6)(7) After the requirements set out in the foregoing provisions of this Code section have been met, the remainder of the State Public Transportation Fund to be expended to pay the costs of maintaining, improving, constructing, and reconstructing the public roads of the state highway system, for maintaining roads within and leading to state parks, and for constructing public roads by department forces."
SECTION 2. Said title is further amended by striking subsection (a) of Code Section 32-5-30, relating to the allocation of state and federal road funds, and inserting in its place the following:
"(a) The total of expenditures from the State Public Transportation Fund under paragraphs (4), (5), and (6), and (7) of Code Section 32-5-21 plus expenditures of federal funds appropriated to the department, not including any state or federal funds specifically designated for maintenance and operations, any project undertaken for the

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purposes of providing for the planning, surveying, constructing, paving, and improving of The Dwight D. Eisenhower System of Interstate and Defense Highways within the state, any project undertaken for purposes of the Developmental Highway System provided by Code Section 32-4-22, or any project of the Georgia Regional Transportation Authority, Georgia Ports Authority, or Metropolitan Atlanta Rapid Transit Authority, shall be budgeted by the department over each five-year period commencing July 1, 1999 2003, and quinquennially thereafter such that at the end of such period funding obligations equivalent to at least 85 percent of such total for such period shall have been divided equally among the congressional districts in this state, as those districts existed at the commencement of such period, for public road and other public transportation purposes in such districts; with the remainder of such total divided among such congressional districts such that 5 percent of such total for such period shall have been obligated for public road projects incidental to economic development purposes anywhere in this state, and no such congressional district shall have received funding obligations pursuant to this subsection for such period which are more than 20 percent greater than that received by any other such congressional district pursuant to this subsection for such period."
SECTION 3. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-8-3.1, relating to the applicability of sales and use tax to motor fuel sales, and inserting in its place a new Code Section 48-8-3.1. to read as follows:
"48-8-3.1. (a) Except as provided in subsection (b) of this Code section, sales of motor fuels as defined in paragraph (9) of Code Section 48-9-2 shall be exempt from the first 3 4 percent of the sales and use taxes tax levied or imposed by this article and shall be subject to the remaining 1 percent of the sales and use taxes levied or imposed by this article. (b) Sales of motor fuel other than gasoline which motor fuel other than gasoline is purchased for purposes other than propelling motor vehicles on public highways as defined in Article 1 of Chapter 9 of this title shall be fully subject to the 4 percent sales and use taxes levied or imposed by this article unless otherwise specifically exempted by this article. (c) It is specifically declared to be the intent of the General Assembly that taxation imposed on sales of motor fuel wholly or partially subject to taxation under subsection (b) of this Code section shall not constitute motor fuel taxes for purposes of any provision of the Constitution providing for the automatic or mandatory appropriation of any amount of funds equal to funds derived from motor fuel taxes."
SECTION 4. Said title is further amended by striking Code Section 48-9-14, relating to the second motor fuel tax, and inserting in its place a new Code Section 48-9-14 to read as follows:

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"48-9-14. (a) In addition to the motor fuel tax imposed by Code Section 48-9-3, there is imposed a second motor fuel tax.
(b)(1) The motor fuel tax imposed by this Code section is levied at the rate of 3 4 percent of the retail sale price less the tax imposed by Code Section 48-9-3 upon the sale, use, or consumption, as defined in Code Section 48-8-2, of motor fuel in this state. This tax shall be subject only to the exemptions provided in Code Section 48-93.
(2)(A) As used in this paragraph, the term 'prepaid state tax' shall have the same meaning as provided in paragraph (5.1) of Code Section 48-8-2. (B) At the time the tax imposed by Code Section 48-9-3 attaches to a sale or transfer of motor fuels, a prepaid state tax shall be collected. The same person remitting the tax imposed under Code Section 48-9-3, but on a separate schedule, shall remit the prepaid state tax to the state. The tax shall be separately invoiced throughout the chain of distribution until it reaches the dealer who makes the retail sale. The commissioner shall issue the rate of prepaid state tax on a semiannual basis, rounded to the nearest $.001 per gallon for use in the following semiannual period. The rate shall be calculated at 4 percent of the state-wide average retail price by motor fuel type as compiled by the Energy Information Agency of the United States Department of Energy, the Oil Pricing Information Service, or a similar reliable published index less taxes imposed under Code Section 48-9-3, this subsection, and all local sales and use taxes. In the event that the retail price changes by 25 percent or more within a semiannual period, the commissioner shall issue a revised prepaid state tax rate for the remainder of that period. (c)(1) Except as otherwise provided in paragraph (2) of this subsection, in all other respects, the tax imposed by this Code section shall be administered and collected and penalties and interest shall be imposed in the same manner as the sales and use tax collected pursuant to Article 1 of Chapter 8 of this title. (2) Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50."
SECTION 5. This Act shall become effective on July 1, 2005.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Senator Thompson of the 33rd moved that the Senate agree to the House substitute to SB 425 as amended by the following amendment:
Amend the House substitute to SB 425 by adding under Section 5 at line 7 on page 5.

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"The provisions of Section 1 of this act, especially paragraph (6) shall be effective 60 months following the date this act becomes effective."

On the motion, a roll call was taken and the vote was as follows:

Y Adelman N Balfour N Blitch Y Bowen Y Brown N Brush N Bulloch Y Butler N Cagle N Cheeks N Clay N Collins N Crotts Y Dean
Fort N Gillis N Golden N Hall N 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 N Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh

Y Seay N Shafer Y Smith,F N Smith,P Y Squires
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 21, nays 32; the motion lost, and the Senate did not agree to the House substitute to SB 425 as amended by the Senate.

Senator Lee of the 29th asked unanimous consent that the Senate disagree to the House substitute to SB 425.

Senator Thompson of the 33rd objected.

Senator Thompson of the 33rd moved that the Senate agree to the House substitute to SB 425.

On the motion to agree to the House substitute which takes precedence, a roll call was taken and the vote was as follows:

Y Adelman N Balfour N Blitch N Bowen

Y Harbison N Harp Y Henson N Hill

Y Seay N Shafer N Smith,F N Smith,P

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Y Brown N Brush N Bulloch Y Butler N Cagle
Cheeks N Clay N Collins N Crotts Y Dean Y Fort
Gillis N Golden N Hall N Hamrick

Y Hooks N Hudgens Y Jackson N Johnson N Kemp,B Y Kemp,R N Lamutt N Lee N Levetan Y Me V Bremen N Moody N Mullis N Price Y Reed N Seabaugh

N 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 21, nays 33; the motion lost, and the Senate did not agree to the House substitute to SB 425.

Senator Johnson of the 1st moved that the Senate disagree to the House substitute to SB 425.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown
Brush Y Bulloch Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean N Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Seay Y Shafer Y Smith,F Y Smith,P Y Squires Y Starr Y Stephens Y Stokes Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

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On the motion, the yeas were 53, nays 1; the motion prevailed, and the Senate disagreed to the House substitute to SB 425.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has agreed to the Senate amendment, as amended by the House, to the following Bill of the House:

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.

The House insists on its position in amending the Senate amendment to the following Bill of the House:

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 House has adopted the report of the Committee of Conference on the following Resolution of the House:

HR 591.

By Representatives Mobley of the 58th, Watson of the 60th, Post 2, Maddox of the 59th, Post 2, Stephenson of the 60th, Post 1, Oliver of the 56th, Post 2 and others:

A RESOLUTION designating the Judge Jim Weeks Intersection; and for other purposes.

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The House has agreed to the Senate substitute to the following Bill of the House:

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.

The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:

SB 153.

By Senators Unterman of the 45th, Mullis of the 53rd and Bulloch of the 11th:

A BILL to be entitled an Act to amend Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to qualifying fees, so as to revise the procedure for the calculation of qualifying fees for certain county officials; to repeal conflicting laws; and for other purposes.

Mr. President:

The House has adopted, by substitute, by the requisite constitutional majority the following Resolution 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.

The House has adopted the report of the Committee of Conference on the following Bill of the House:

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.

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Mr. President:
The House has adopted the report of the Committee of Conference on the following Bills of the House and Senate:
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.
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.

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:

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 landdisturbing activity within such buffers if certain compensatory mitigation

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requirements are satisfied; to repeal conflicting laws; and for other purposes.

Mr. President:

The House has adopted the report of the Committee of Conference on the following Bill 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.

Mr. President:

The House has adopted the report of the Committee of Conference on the following Bill of the House:

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.

Senator Smith of the 52nd moved to suspend Senate Rule 156 (e) to allow the consideration of the Conference Committee Report on HB 1190.

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On the motion to suspend Senate Rule 156(e), a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown Y Brush Y Bulloch Y Butler Y Cagle Y Cheeks
Clay Y Collins Y Crotts Y Dean N Fort Y Gillis Y Golden Y Hall 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 N Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the motion, the yeas were 53, nays 2, the motion prevailed; and the Senate suspended Rule 156(e) on the Conference Committee Report on HB 1190.

The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:

Amend the Senate amendment (AM 21 2333) to HB 1248 by inserting after line 7 of page 1 the following: "By inserting after 'review;' on line 5 of page 1 the following:
'to amend Title 32 of the Official Code of Georgia Annotated, relating to highways,

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bridges, and ferries, so as to change certain provisions relative to exemptions for weight limitations;'".

By adding after line 27 of page 2 the following: "By redesignating Section 22 as Section 23 and by adding after Section 21 a new Section 22 to read as follows:
'SECTION 22. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended in Code Section 32-6-26, relating to weight of vehicle and load, by striking subparagraph (g)(1)(D) of said Code section and inserting in its place the following:
"(D) Hauling granite, either block or sawed, or any other naturally occurring raw ore or mineral for further processing, from the quarry or stockpile area to a processing plant located in the same or an adjoining county;"'"

Senator Hooks of the 14th moved that the Senate agree to the House amendment to the Senate amendment to HB 1248.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen N Brown
Brush Y Bulloch Y Butler
Cagle N Cheeks
Clay Y Collins N Crotts Y Dean Y Fort Y Gillis Y Golden N Hall
Hamrick

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 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
Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the motion, the yeas were 45, nays 4; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1248.

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The following bill was taken up to consider the Conference Committee Report thereto:

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 Conference Committee Report was as follows:

The Committee of Conference on HB 1190 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1190 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Balfour of the 9th /s/ Senator Smith of the 52nd /s/ Senator Moody of the 27th

/s/ Representative Holmes of the 48th, Post 1 /s/ Representative Reece of the 11th /s/ Representative Ashe of the 42nd, Post 2

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1190

A BILL TO BE ENTITLED AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change the provisions relating to school councils and their membership, selection, terms, powers, duties, officers, operations, bylaws, meetings, practices, and procedures; to change the provisions relating to the powers and duties of local boards of education and local school officials; to change the provisions relating to training programs for school councilmembers; to provide for the revision of certain provisions regarding education flexibility and accountability; to allow the State Board of Education to prescribe the manner and grade level for certain required courses in history and

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government; to authorize alternative methods for certain transfer students; to provide for rules and regulations; to authorize certain exemptions; to change certain provisions regarding early intervention programs; to change certain provisions relating to expenditure controls for the 2004-2005 school year; to provide for certain reports; to change certain provisions relating to maximum class size for the 2004-2005 school year; to provide for automatic repeal; to authorize certain instruction for students who fail the criterion referenced reading assessment; to provide for a study of such students; to provide for exemptions to provisions relating to middle schools in certain circumstances; to change certain provisions relating to charter schools; to amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to regulation of the employment of minors, so as to provide for notice to the employers regarding a students attendance record; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to revise certain provisions relating to eligibility of minors; to authorize waiver of certain provisions in order to improve student performance in specified circumstances; to provide for contents of the application for waiver; to provide for maximum duration of a waiver; to change certain provisions regarding effectiveness assessment; to delete a provision prohibiting the identification by name of any student in records stored at the state level; to prohibit identifying students and employees by social security number in violation of law; to provide for written policies of local boards regarding unstructured break time for students; 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 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 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 provide that state policy prefers reassignment of disruptive students to alternative educational settings rather than suspension or expulsion; to change certain provisions relating to suspending students for committing acts of physical violence; 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 exceptions; to provide for notice to any teacher who is called as a witness for a disciplinary hearing; to provide that certain provisions relating to disciplinary actions shall apply to children in kindergarten through grade five; 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

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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 operation of school councils, and inserting in lieu thereof the following:
"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, 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 governance 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 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 Additional training program programs 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 annually. 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

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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 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 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 (5) Other members as specified in the councils 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. The chairperson of the council shall be the school principal. (e) Members of the council shall serve for a term of two years or for such other term as may be specified in the councils bylaws, except as provided in this subsection. Upon the expiration of the terms of the councilmembers in office on July 1, 2004, the subsequent terms of the councilmembers shall be staggered. In order to stagger the terms, the initial terms of one-half of the councilmembers pursuant to paragraph (1) of subsection (d) of this Code section, one-half of the councilmembers pursuant to paragraph (2) of subsection (d) of this Code section, one-half of the councilmembers pursuant to paragraph (3) of subsection (d) of this Code section, and one-half of the councilmembers pursuant to paragraph (5) of subsection (d) of this Code section shall have initial terms of one year and the remaining members shall have initial terms of two years. Councilmembers may serve more than one term. The office of school councilmember shall 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

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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 open to the public. The council shall meet once a month, at least four times annually and the number of meetings shall be specified in the councils bylaws. The council shall also meet 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 and shall include the date, time, and location of the meeting. 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 public notice 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 as required by this Code section. The electing body for the parent members 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. The school council shall specify in its bylaws the month in which elections are to be held and shall specify a nomination and election process. (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 twothirds affirmative votes vote. 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 school council shall be a chairperson, vice chairperson, and secretary. Officers of the council, other than the chairperson, shall be appointed elected by resolution of 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 for the term of members of the council specified in the councils bylaws. (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 be required by the council. (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

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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 school council are accountable to the constituents they serve and shall: (1) Maintain a school-wide perspective on issues; (2) Regularly participate in council meetings; (3) Participate in information and training programs; (4) Act as a link between the school council and the community; (5) Encourage the participation of parents and others within the school community; and (6) Work to improve student achievement and performance. (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 the dates specified in the councils bylaws. (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 or as required by state law or state board rule. 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. The central administration shall be responsive to requests for information from a school council. (q) The local board of education shall receive and consider all 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, or 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, or recommendation, appointment, or any other decision of the council; and (3) The members of the school council shall be afforded an opportunity to present information in support of the school councils action; and report or recommendation.

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(4) A majority of the board members present, representing a quorum, vote to overturn the council decision. The local board of education shall respond to each recommendation recommendations of the school council within 60 days after being notified in writing of the recommendation. (r) The school principal shall have the following duties pertaining to school council activities: (1) Cause to be created a school council pursuant to this Code section by convening the appropriate bodies to select school councilmembers; setting the initial agenda, meeting time, and location; and notifying all school councilmembers of the same; (2) Serve as chairperson of the school council and perform Perform all of the duties required by law and the bylaws of the council; (3) Speak for and represent the council in all school council matters before the local board of education; (4) 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) Develop Aid in the development of 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 and local school superintendent on any matter related to student achievement and school improvement, including, but not limited to, the following: (1) School calendar board policies; (2) School codes for conduct and dress improvement plans; (3) Curriculum, program goals, and priorities and assessments; (4) The responses of the school to Report cards issued or audits of the school as conducted by the Office of Education Accountability; (5) Preparation and distribution to the community Development 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) In the case of a vacancy in the position of school principal, the recommendation of a school principal from a list of qualified applicants submitted by the local board of education and local school superintendent to the council; (7)(6) School budget priorities, including school capital improvement plans;

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(8)(7) School-community communication strategies; (9)(8) Methods of reporting to involving parents and communities other than through the school profile the community; (10)(9) Extracurricular activities in the school; (11)(10) School-based and community services; (12)(11) Community use of school facilities; (13)(12) Recommendations concerning school board policies Student discipline and attendance; (14)(13) 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)(14) The method and specifications for the delivery of early intervention services or other appropriate services for underachieving students. (t) The role of the school council in the principal selection process shall be determined in policy written by the local board of education."
SECTION 2. Said title is further amended in Code Section 20-2-142, relating to prescribed courses, by striking subsection (a) and inserting in lieu thereof the following:
"(a)(1) All elementary and secondary schools which receive in any manner funds from the state shall provide the following course offerings in the manner and at the grade level prescribed by the State Board of Education in its quality core curriculum:
(A) A course of study in the background, history, and development of the federal and state governments. The course in the study of federal and state governments shall be supplemented in each high school by and a study of the local Georgia county and municipal governments; and (B) A course of study in the history of the United States and in the history of Georgia and in the essentials of the United States and Georgia Constitutions, including the study of American institutions and ideals. (2) No student shall be eligible to receive a diploma from a high school unless such student has successfully completed the courses in history and government provided for by this subsection, except as provided in paragraph paragraphs (3) and (4) of this subsection. For students moving to Georgia and unable to take the course or courses available to fulfill these requirements in the grade level in which such course or courses are ordinarily offered, the State Board of Education may develop alternative methods, which may include but shall not be limited to an online course of study, for such students to learn about and demonstrate an adequate understanding of federal or Georgia history and government. (3) Disabled students who are otherwise eligible for a special education diploma pursuant to subsection (c) of Code Section 20-2-281 shall not be denied this diploma if they have not successfully completed either or both of these courses; provided, however, that their Individualized Education Programs have not specified that the disabled students must enroll in and successfully complete both of these courses.

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(4) The State Board of Education shall promulgate rules and regulations governing the required course of study in the history of Georgia and in the essentials of the Georgia Constitution for students who transfer from another state after having completed the year in which such course or courses are ordinarily offered. The State Board of Education is authorized to provide for exemptions to the required course of study for such students and for students whose parent or parents serve in the armed forces of the United States."
SECTION 3. 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. (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

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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 4. Said title is further amended by striking Code Section 20-2-167.1, relating to the application of Code Section 20-2-167 for the 2003-2004 school year, and inserting in lieu thereof the following:
"20-2-167.1. (a) For the purposes of the 2003-2004 and 2004-2005 school year years only, the following changes to Code Section 20-2-167 shall apply:
(1) Except as otherwise provided in paragraph (2) of this subsection, for each program identified in Code Section 20-2-161, each local school system shall spend 100 percent of funds designated for direct instructional costs on the direct instructional costs of such program on one or more of the programs identified in Code Section 20-2-161 at the system level, with no requirement that the school system spend any specific portion of such funds at the site where such funds were earned.; (2) Direct instruction funds for the kindergarten early intervention program, the primary grades early intervention program, the upper elementary grades early intervention program, the remedial education program, and the alternative education program shall be expended on one or more of these programs at the system level, with no requirement that the school system spend any specific portion of such funds at the site where such funds were earned.; (3) Each local school system shall spend 100 percent of the funds designated for media center costs for such costs at the system level, and 100 percent of the funds designated for media materials for media materials at the system level.; (4) During the 2003-2004 school year, funds Funds allocated for staff development may be spent for any program approved under the 'Quality Basic Education Act.' During the 2004-2005 school year, each school system shall spend 90 percent of funds allocated for professional development for such costs at the system level; and

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(5) Each local school system shall report to the Department of Education its budgets and expenditures in accordance with this Code section with expenditures based in the preceding school year for each school site as a part of its report in October for the FTE count and on March 15. (b) Except as otherwise provided by subsection (a) of this Code section, Code Section 20-2-167 shall apply during the 2003-2004 and 2004-2005 school year years. (c) No penalty shall apply for failure to comply with expenditure controls set out in Code Section 20-2-167 that are contrary to this Code section, notwithstanding any law to the contrary, as long as the local school system complies with this Code section. (d) Nothing in this Code section shall be construed to repeal any other provision of Code Section 20-2-167 or this chapter, or to apply to any time period other than the two fiscal year years beginning July 1, 2003, and ending June 30, 2004 2005. (e) This Code section shall be automatically repealed July 1, 2004 2005."
SECTION 5. Said title is further amended in Code Section 20-2-182, relating to program weights, maximum class sizes, reporting requirements, and the 2003-2004 school year, by striking subsections (i) and (k) and inserting in lieu thereof the following:
"(i) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article and the middle school program provided for in Code Section 20-2-290 the maximum number of students which may be taught by a teacher in an instructional period. Such maximum class sizes shall be equal to or greater than the teacher-student ratios used in the calculation of the program weights as set forth in subsection (b) of Code Section 20-2-161 but shall not exceed the funding class size by more than 20 percent, unless specifically authorized by the State Board of Education; provided, however, that in no case shall the 20 percent maximum be exceeded for mathematics, science, social studies, or English classes; provided, further, that the maximum class size for kindergarten and grades one through three shall not exceed 20 percent over the funding ratio except for art, music, or physical education classes; provided, further, that the maximum class size for special education, gifted, and English for speakers of other languages classes shall be set by the State Board of Education. For a period not to exceed four years, beginning with the 2000-2001 school year, local school systems shall be allowed to exceed the maximum class sizes set forth in this subsection in a manner consistent with State Board of Education rules. The State Board of Education shall lower the current maximum class sizes set by state board rules in effect for the 1999-2000 school year, beginning with the 2000-2001 school year, by a proportional amount each school year so that, beginning with the 2003-2004 school year, State Board of Education rules are in compliance with this subsection except as otherwise provided in subsection (k) of this Code section for the 2003-2004 and 20042005 school year years only. An aide may be used in programs to increase class size as allowed by State Board of Education rule, except that an aide shall not be used to increase the maximum class size in kindergarten or grades one through three, except as otherwise provided in subsection (k) of this Code section for the 2003-2004 and 2004-

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2005 school year years 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." "(k) For the 2003-2004 and 2004-2005 school year years, the maximum class sizes set by the State Board of Education for the 2002-2003 school year shall apply for grades four through 12. For the 2003-2004 and 2004-2005 school year years, the maximum class sizes set by the State Board of Education for the 2003-2004 school year shall apply to kindergarten and grades one through three, except that a kindergarten class may be increased to 20 students if a paraprofessional is present in addition to the certificated teacher. For the 2003-2004 and 2004-2005 school year years, compliance with maximum class size requirements shall be determined by the system average for kindergarten and for each grade and no class shall exceed the applicable maximum size by more than two students. Except as otherwise provided in this subsection, other provisions of this Code section shall apply. This subsection shall not be construed to repeal any other provision of this Code section or this chapter, or to apply to any period of time other than the two fiscal year years beginning July 1, 2003, and ending June 30, 2004 2005. This subsection shall be automatically repealed July 1, 2004 2005."
SECTION 6. Said title is further amended by inserting the following:
"20-2-244. (a) The State Board of Education is authorized to waive specifically identified state rules, regulations, policies, and procedures, or provisions of this chapter, upon the request of a local school board and in accordance with this Code section. The goal for each waiver shall be improvement of student performance. (b) The State Board of Education is not authorized to waive any 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; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; or any reporting requirements pursuant

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to Code Section 20-2-320 or Chapter 14 of this title. A school or school system that has received a waiver shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, 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 shall remain open to enrollment in the same manner as before the waiver request. (c) The provisions of this Code section shall not apply to charter schools. (d) The board shall require a written application for a waiver that shall include, as a minimum:
(1) Identification of the specific state rules, regulations, policies, and procedures, or provisions of this chapter that are requested for waiver; (2) A description of the policies and procedures the school or school system shall substitute for the waived state rules, regulations, policies, and procedures, or provisions; (3) A description of how the proposed waiver will improve student performance; (4) A description of the students who will be affected by the proposed waiver, including their estimated number, current performance, grade level, and any common demographic traits; (5) A list of schools by name that will be affected by the proposed waiver, and a description of each school, including current performance, grade levels, and demographic traits of the students of each such school; (6) Methods for collection of data, and for measuring and evaluating any change in student performance resulting from the proposed waiver; (7) The period of time for which the proposed waiver is requested and the proposed starting date; and (8) A resolution from the local school board approving the waiver request. (e) The State Board of Education may grant or deny a waiver request, or grant a waiver request subject to specified modifications in the waiver request. (f) A waiver may be granted in accordance with this Code section for any period of time not to exceed five years. The State Board of Education shall require reports regarding the effect of the waiver at least annually, and may require more frequent reports if necessary to monitor the effect of the waiver effectively. The State Board of Education shall report annually to the General Assembly regarding the waivers granted, the effect of each waiver, and any recommendations for legislative changes generated by successful waivers."
SECTION 7. Said title is further amended by striking subsections (e) through (o) of Code Section 20-2281, relating to effectiveness assessment, and inserting in lieu thereof the following:
"(e) The State Board of Education is authorized to adopt rules, regulations, policies, and procedures regarding accommodations and the participation of limited-Englishproficient students, as defined in Code Section 20-2-156, in the assessments described in this Code section. (f) The State Board of Education shall adopt end-of-course assessments for students in grades nine through 12 for all core subjects to be determined by the state board. For

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those students with an Individualized Education Program, the students Individualized Education Program team shall determine appropriate participation in assessments and identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act. (f)(g) 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. (g)(h) The State Board of Education, through the Department of Education, shall administer the end-of-course assessments for core subject areas as defined by state board policy. The state board shall promulgate a schedule for the development and administration of all end-of-course tests by December 1, 2000. (h)(i) The Department of Education shall develop study guides for the criterionreferenced tests and end-of-course assessments administered pursuant to subsections (a) and (e) (f) of this Code section. Each school system shall distribute the study guides to students who do not perform satisfactorily on one or more parts of an assessment instrument administered under this Code section and to the parents or guardians of such students.
(i)(j)(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. (3) Local boards of education shall have the option of allowing scores on end-ofcourse assessments to be counted as part of a students grade in the course. (j)(k)(1) In addition to the assessment instruments adopted by the State Board of Education and administered by the Department of Education, a local school system may adopt and administer criterion-referenced or norm-referenced assessment instruments, or both, at any grade level. Such locally adopted assessment instruments may not replace the states adopted assessment instruments for purposes of state accountability programs, except as otherwise provided in paragraph (2) of this subsection. A local school system shall be responsible for all costs and expenses incurred for locally adopted assessment instruments. Students with Individualized Education Programs must be included in the locally adopted assessments or provided an alternate assessment in accordance with the federal Individuals with Disabilities Education Act. (2) The State Board of Education shall have the authority to grant waivers until Fiscal

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Year 2003 to local boards of education exempting said boards from the administration of the state criterion-referenced competency tests at any or all of the subject areas and grade levels for which the local board of education implements a locally developed criterion-referenced competency test or tests based on the Quality Core Curriculum which increases the expectations for student achievement beyond that of the applicable state criterion-referenced competency test or tests and meets all other requirements of this Code section, including reliability and validity requirements, with the exception of subsection (f) (g) of this Code section. Local boards of education with such waivers shall submit to the State Board of Education school and local school system score reports of the locally developed criterion-referenced competency tests. (k)(l) In adopting academic skills assessment instruments under this Code section, the State Board of Education or local school system shall ensure the security of the instruments in their preparation, administration, and scoring. Notwithstanding any other provision of law, meetings or portions of meetings held by the state board or a local board of education at which individual assessment instruments or assessment instrument items are discussed or adopted shall not be open to the public, and the assessment instruments or assessment instrument items shall be confidential. (l)(m) The results of individual student performance on academic skills assessment instruments administered under this Code section shall be confidential and may be released only in accordance with the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g. (m)(n) 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. (n)(o) Student performance data shall be made available to the public, with appropriate interpretations, by the State Board of Education, the Office of Education Accountability Student Achievement, and local school system. The information made available to the public shall not contain the names of individual students or teachers. (o)(p) Teachers in grades one through 12 shall be offered the opportunity to participate annually in a staff development program on the use of tests within the instructional program designed to improve students academic achievement. This program shall instruct teachers on curriculum alignment related to tests, disaggregated student test data to identify student academic weaknesses by subtests, and other appropriate applications as determined by the State Board of Education."
SECTION 7A. Said title is further amended by inserting a new Code Section 20-2-285.1 to read as follows:
"20-2-285.1. (a) This Code section will apply to students tested with the third grade criterionreferenced reading assessment in the 2003-2004 school year only.

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(b) All provisions of Code Sections 20-2-283, 20-2-284, and 20-2-285 shall apply. Local school systems are authorized to place students that fail the third grade criterionreferenced reading assessment in a transition class, provide extended third grade EIP for such students, or to use both a transition class and exstended third grade EIP for such students, in addition to other methods of instruction. In addition, the State Board of Education shall contract with one or more faculty members or associates of the Georgia State University Andrew Young School of Public Policy or other independent experts having similar qualifications for the performance of a study of all third grade students who fail the first criterion-referenced reading assessment in the 2003-2004 school year. Such study shall compile data for each such student, including but not limited to: identification of the students school and school system; information regarding the type, frequency, and provider of the accelerated, differentiated, or additional instruction provided to the student, disaggregated by the time period before and the time period after the second assessment; information regarding the funding source for such instruction and an explanation if such instruction is not received by the student; information regarding the assessment instrument used to retest the student, the date of the second assessment, and the students performance on such second assessment; information as to whether the student was promoted or retained; information regarding the students performance on the criterion-referenced reading assessment in the 2004-2005 school year, and information relating to the student relative to the categories for disaggregation authorized or adopted in accordance with this chapter. The department shall supply aggregate data to the Governor and members of the Senate Education Committee and House Committee on Education on the number of students who failed the first assessment within 30 days after the department receives the test scores and aggregate data on the number of students failing the second assessment 45 days thereafter. The completed study and any part of the study provided to any person not employed by the Department of Education or a local school system shall not reveal the identity of any student. The persons conducting the study shall regard all data identifying individual students as confidential and shall guard the privacy of all students. No person shall reveal information relating to an individual student that identifies such student to anyone except employees of the department or the local school system attended by the student, the student, or the students parent or guardian. The study shall be provided to the Governor and the members of the Senate Education Committee and House Committee on Education as soon as feasible, and the compilation of data on the students performance on the reading assessment in the 2004-2005 school year may be provided separately. The completed study shall be subject to the provisions of Article 4 of Chapter 18 of Title 50 relating to the inspecting of public records."
SECTION 7B. Said title is further amended in Code Section 20-2-290, relating to organization of schools, by striking subsections (b), (c), and (d) and inserting in lieu thereof the following:

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"(b) Beginning with the 2001-2002 school year, Except as otherwise provided in subsection (c) of this Code section, local boards of education shall schedule each middle school so as to provide the following:
(1) A minimum of five hours of instruction in English and language arts, reading, mathematics, science, social studies, and such other academic subjects as the State Board of Education shall prescribe. For students not performing on grade level, as defined by the Office of Education Accountability, the minimum of five hours shall include such remedial academic instruction in English and language arts, reading, mathematics, science, or social studies as required to bring such students to grade level performance with the priority for such remediation being placed on reading and mathematics or as otherwise determined by the students team of academic teachers; provided that, in making such a determination the team shall consider the students performance on the criterion-referenced assessments authorized in Code Section 20-2181; (2) Beyond the minimum of five hours of academic instruction, the local board shall have the authority to schedule for the remainder of the day such academic or exploratory classes as the State Board of Education shall prescribe; provided, however, that a student shall be allowed to take additional academic classes instead of exploratory classes if the parent or guardian of such a student requests such assignment, subject to availability; and (3) An interdisciplinary team of academic teachers with common planning time of a minimum of 55 minutes. (c) Local schools may apply to the state board for an exception to the schedule set out in subsection (b) of this Code section in order to schedule a minimum of 4.5 hours of academic instruction. If the local school has achieved an acceptable rating for the preceding year, the state board shall grant the application for an exception. (d) Local school systems shall comply with subsection (b) or subsection (c) of this Code section in order to qualify for the middle school program. (d) (e) 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 full-time equivalent count for the middle school program in qualified middle schools."
SECTION 8. Said title is further amended by striking subsections (a) and (c) of Code Section 20-2320, relating to the state-wide comprehensive educational information network, and inserting in lieu thereof the following:
"(a) The Governor shall appoint a steering committee, which shall be named the Education Information Steering Committee, composed of representatives from the Department of Education, the Department of Technical and Adult Education, the Board of Regents of the University System of Georgia, the office of the Governor, the Office of Planning and Budget, the Department of Audits and Accounts, the Georgia Technology Authority, the Office of School Readiness, the Professional Standards

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Commission, the Office of Education Accountability Student Achievement, the State Data and Research Center at the Georgia Institute of Technology, the Georgia Public Telecommunications Commission, the Legislative Budget Office, and local school systems. The steering committee shall identify the data required to implement the Quality Basic Education Program on a fiscally sound basis and the data required to evaluate the effectiveness of the components of public education in Georgia. The steering committee shall identify data that shall be required from local units of administration, public libraries, public colleges and universities through the Board of Regents of the University System of Georgia, pre-kindergarten programs, the Professional Standards Commission, and postsecondary technical colleges and schools for the implementation of this article. Further, the steering committee shall develop a design for a state-wide comprehensive educational information system which will provide for the accurate, seamless, and timely flow of information from local and regional education agencies, units of the University System of Georgia, and technical schools and colleges to the state. The design shall include hardware, software, data, collection methods and times, training, maintenance, communications, security of data, and installation specifications and any other relevant specifications needed for the successful implementation of this system. No student shall be identifiable by name in that portion of the pre-kindergarten through grade 12 record stored at the state level, and any identification number shall be encoded to prevent unauthorized use of a students information; provided, however, that full-time equivalent student data collected pursuant to Code Section 20-2-160 shall be identifiable for audit purposes in separate files. The state-wide comprehensive educational information system shall not use a students social security number or an employees social security number in violation of state or federal law to identify a student or employee. The steering committee shall present such recommendations to the Education Coordinating Council. Upon approval of the boards of the respective education agencies, the steering committee shall issue appropriate requests for proposals to implement a state-wide comprehensive educational information system, subject to appropriation by the General Assembly. The State Data and Research Center, at the direction of the Education Coordinating Council and working through the steering committee, shall initiate contracts with appropriate vendors and local units of administration for the procurement of services, purchase of hardware and software, and for any other purpose as directed by the Education Coordinating Council, consistent with appropriation by the General Assembly." "(c) For the purpose of this article, authorized educational agencies shall be the Department of Education; the Office of School Readiness; the Board of Regents of the University System of Georgia; the Department of Technical and Adult Education; the Education Coordinating Council; the Professional Standards Commission; the State Data and Research Center and units under contract to the State Data and Research Center; the Office of Education Accountability Student Achievement; the education policy and research components of the office of the Governor; the Office of Planning

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and Budget; the Legislative Budget Office; the House Research Office; and the Senate Research Office. Any information collected over the state-wide comprehensive educational information system, including individual student records and individual personnel records, shall be accessible by authorized educational agencies, provided that any information which is planned for collection over the system but which is temporarily being collected by other means shall also be accessible by authorized educational agencies and provided, further, that adequate security provisions are employed to protect the privacy of individuals. All data maintained for this system shall be used for educational purposes only. In no case shall information be released by an authorized educational agency which would violate the privacy rights of any individual student or employee. Information released by an authorized educational agency in violation of the privacy rights of any individual student or employee shall subject the authorized educational agency to all penalties under applicable state and federal law. Any information collected over the state-wide comprehensive educational information system which is not stored in an individual student or personnel record format shall be made available to the Governor and the House and Senate Appropriations, Education, and Higher Education committees, except information otherwise prohibited by statute. Data which are included in an individual student record or individual personnel record format shall be extracted from such records and made available in nonindividual record format for use by the Governor, committees of the General Assembly, and agencies other than authorized educational agencies."
SECTION 9. Said title is further amended by inserting a new Code section to be designated Code Section 20-2-323 to read as follows:
"20-2-323. By January 1, 2005, each local board of education shall establish written policies allowing or prohibiting unstructured break time for students in kindergarten and grades one through eight. If the policies allow one or more breaks, the policies shall include but shall not be limited to the following matters:
(1) The school personnel who will be authorized to decide the length, frequency, timing, and location of breaks; (2) Whether breaks can be withheld from students for disciplinary or academic reasons and, if breaks can be withheld, under what conditions; (3) How to ensure break time is a safe experience for students, including the responsibility for supervision of students; and (4) How to ensure that break time is scheduled so as to provide a support for academic learning. Local boards shall provide a copy of such policies to the State Board of Education."
SECTION 10. Said title is further amended by striking subsection (b) of Code Section 20-2-690.1, relating to mandatory education for children, and inserting in lieu thereof the following:

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"(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. After two reasonable attempts to notify the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence without response, the school system shall send a notice to such parent, guardian, or other person by certified mail, return receipt requested. 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. 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 11. Said title is further amended by inserting a new Code section to be designated Code Section 20-2-690.2 to read as follows:
"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, consider, and make publicly available, including but not limited to posting in a conspicuous location, its decision regarding the recommendations of the committee as provided in this Code section.

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Independent school systems may participate in the committee in the county where the system is located. Independent school systems whose geographic area encompasses more than one county may select one of such counties in which to participate. An independent school system that elects not to participate in the committee of the county where it is located shall request that the chief judge of the superior court of a county encompassed by its geographic area to establish an independent student attendance protocol committee in the same manner as established for the county school system. (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, a certificated school employee, and a local school board member from each public school system in the county and a certificated school social worker from each public school system, if any are employed by the school system; (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 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

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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 11A. Said title is further amended in Code Section 20-2-697, relating to cooperation of principals and teachers in public schools with visiting teachers and attendance officers and attendance reports and records kept by public schools, by inserting a new subsection (a.1) to read as follows:
"(a.1) Any student shall have the right to request and receive, within three business days from the date of such request, a letter from his or her school administrator indicating that the student is enrolled full-time and has an attendance record in good standing for the current academic year."
SECTION 11B. Said chapter is further amended by striking Code Section 20-2-701, relating to local school superintendents or visiting teachers and attendance officers reporting truants to juvenile or other courts, and inserting in lieu thereof the following:
"20-2-701. (a) Local school superintendents as applied to private schools and home study programs or visiting teachers and attendance officers as applied to public schools, after written notice to the parent or guardian of a child, shall report to the juvenile or other court having jurisdiction under Chapter 11 of Title 15 any child who is absent from a public or private school or a home study program in violation of this subpart. If the judge of the court places such child in a home or in a public or private institution pursuant to Chapter 11 of Title 15, school shall be provided for such child.

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(b) Local school superintendents or visiting teachers and attendance officers shall use their best efforts to notify any child 14 years of age or older who has only three absences remaining prior to violating the attendance requirements contained in subsection (a.1) of Code Section 40-5-22. Such notification shall be made via firstclass mail. (c) Local school superintendents or visiting teachers and attendance officers shall report to the State Board of Education, which shall, in turn, report to the Department of Motor Vehicle Safety any child 14 years of age or older who does not meet the attendance requirements contained in subsection (a.1) of Code Section 40-5-22. Such report shall include the childs name, current address, and social security number, if known. (d) Subsections (b) and (c) of this Code section shall not be effective until full implementation of the state-wide education information system."
SECTION 11C. Said chapter is further amended by striking Code Section 20-2-720, relating to inspection of students records by parents, and inserting in lieu thereof the following:
"20-2-720. No local school system, whether county, independent, or area, shall have a policy of denying, or which effectively prevents, the parents of students who are in attendance at or who have been enrolled in any facility within such system the right to inspect and review the education records of their children child. A parent shall be entitled to inspect and review only information relating to his or her own child and if any material or document in a childs record includes information on another student, such information regarding any other student shall not be made available for inspection or review except to the parents of that student. Both parents of a child shall be entitled to inspect and review the educational education records of their child or to be provided information concerning their childs progress. Information concerning a childs education record shall not be withheld from the noncustodial parent unless a court order has specifically removed the right of the noncustodial parent to such information or unless parental rights have been terminated. For purposes of this Code section, 'education records' shall include attendance reports and records."
SECTION 12. Said title 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

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to Code Section 20-2-737 or determines that such behavior of the student poses an immediate threat to the safety of the students classmates or the teacher. Each school principal shall fully support the authority of every teacher in his or her school to remove a student from the classroom under this Code section. Each school principal shall implement the policies and procedures of the superintendent and local board of education relating to the authority of every teacher to remove a student from the classroom and shall disseminate such policies and procedures to faculty, staff, and parents or guardians of students. 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 13. Said title 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

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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 and other school personnel 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 received from other schools or from the juvenile courts or superior courts. Such information shall be kept confidential."
SECTION 14. Said title 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, including threatened violence or sexual harassment as defined pursuant to Title IX of the Education Amendments of 1972; (5) Physical assault or battery of other students, including sexual harassment as defined pursuant to Title IX of the Education Amendments of 1972; (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; (14) Willful and persistent violation of the student code of conduct; (15) Bullying as defined by Code Section 20-2-751.4; and (16) Marking, defacing, or destroying the property of another student. 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

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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 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

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local school superintendent shall fully support the authority of principals and teachers in the school system to remove a student from the classroom pursuant to Code Section 20-2-738, including establishing and disseminating procedures. 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 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 15. Said title 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

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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 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 16. Said title 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,

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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 (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 17. Said title 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 unless the school system and parents or guardians mutually agree to an extension; (2)(3) All parties are afforded an opportunity to present and respond to evidence and

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to examine and cross-examine witnesses on all issues unresolved; and (4) Any teacher who is called as a witness by the school system 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 action imposed by such officer, panel, or tribunal may be suspended by the school superintendent pending the outcome of the appeal."
SECTION 18. Said title 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 19. 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. In addition to specifically identified provisions of this title, a charter school shall be exempt from provisions listed in Code Section 20-2-2063.1."
SECTION 19A. Said title is further amended by inserting a new Code Section 20-2-2063.1 to read as follows:
"20-2-2063.1. In addition to specifically identified state and local rules, regulations, policies, procedures, and provisions of Title 20, each charter school shall be exempt from

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Articles 1, 2, 3, 4A, 5, 7, 8, 9, 10, 11, 14, 20, and 22 of Chapter 2 of Title 20 unless otherwise specified in the charter petition. Each charter school shall also be exempt from those state and local rules, regulations, policies, and procedures that do not relate to the operation of a local school."
SECTION 19B. Said title is further amended by striking subsections (a) and (b) of Code Section 20-22064, relating to approval or denial of a charter petition, and inserting in lieu thereof the following:
"(a) A charter petitioner seeking to create a conversion charter school must submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a petition no later than 60 days after its submission unless the petitioner requests an extension; provided, however, that a denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial; and provided, further, that the local board shall not act upon a petition for a conversion charter school until such petition:
(1) Has been freely agreed to, by secret ballot, by a majority of the faculty and instructional staff members of the petitioning local school at a public meeting called with two weeks advance notice for the purpose of deciding whether to submit the petition to the local board for its approval; and (2) Has been freely agreed to, by secret ballot, by a majority of parents or guardians of students enrolled in the petitioning local school present at a public meeting called with two weeks advance notice for the purpose of deciding whether to submit the petition to the local board for its approval. (b) A charter petitioner seeking to create a start-up charter school must submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a petition no later than 60 days after its submission unless the petitioner requests an extension. A denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial."
SECTION 19C. Said title is further amended by inserting a new Code Section 20-2-2068.2 to read as follows:
"20-2-2068.2. (a) From moneys specifically appropriated for such purpose, the state board shall create a facilities fund for local charter schools and state chartered special schools for the purpose of establishing a per pupil, need based facilities aid program. (b) A charter school may receive moneys from the facilities fund if the charter school has received final approval from the local board or from the state board for operation during that fiscal year.

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(c) A charter schools governing body may use moneys from the facilities fund for the following purposes:
(1) Purchase of real property; (2) Construction of school facilities; (3) Purchase, lease-purchase, or lease of permanent or relocatable school facilities; (4) Purchase of vehicles to transport students to and from the charter school; and (5) Renovation, repair, and maintenance of school facilities that the charter school owns or is purchasing through a lease-purchase or long-term lease of five years or longer. (d) The Department of Education shall specify procedures for submitting and approving requests for funding under this Code section and for documenting expenditures. (e) Local boards are required to renovate, repair, and maintain the school facilities of charter schools in the district to the same extent as other public schools in the district if the local board owns the charter school facility. (f)(1) Prior to releasing moneys from the facilities fund, the Department of Education shall ensure that the governing board of the local charter school and the local board shall enter into a written agreement that includes a provision for the reversion of any unencumbered funds and all equipment and property purchased with public education funds to the ownership of the local board in the event the local charter school terminates operations. (2) Prior to releasing moneys from the facilities fund, the Department of Education shall ensure that the governing board of the state chartered special school and the state board shall enter into a written agreement that includes a provision for the reversion of any unencumbered funds and all equipment and property purchased with public education funds to the ownership of the state board in the event the state chartered special school terminates operations. (g) The reversion of property in accordance with subsection (f) of this Code section is subject to the complete satisfaction of all lawful liens or encumbrances. (h) Each local board of education that has designated any facility or property as surplus, intended for disposal, or otherwise unused shall make such facility or property available for lease or purchase by a local charter school on the same basis as it makes such facility or property available to other public schools under the control and management of the local board of education. A conversion charter school may not be charged a rental or leasing fee for the existing facility or for property normally used by the public school which became the conversion charter school. A local charter school that receives property from a local board may not sell or dispose of such property without the written permission of the local board."
SECTION 20. 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 lieu thereof the following:
"(a) The office shall have the following powers and duties:

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(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 Section 20-14-8, under the supervision and oversight of the council."
SECTION 21. Said title is further amended by striking Part 3 of Article 2 of Chapter 14, relating to accountability assessment, and inserting in its place the following:
"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

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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 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

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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. (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

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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 (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.

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(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.
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.
20-14-38.

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(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 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

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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 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

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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, subject to the provisions of subsection (f) of this Code section, implement one or more of the following interventions or sanctions, in order of severity: (A) Removal of school personnel on recommendation of the master or the school improvement team, including the principal and personnel whose performance has continued not to produce student achievement gains over a three-year period as a condition for continued receipt of state funds for administration; (B) Allow for the implementation of a state charter school through the designation by the State Board of Education; (C) Mandate the complete reconstitution of the school, removing all personnel, appointing a new principal, and hiring all new staff. Existing staff may reapply for employment at the newly reconstituted school but shall not be rehired if their performance regarding student achievement has been negative for the past three years; (D) Mandate that the parents have the option to relocate the student to other public schools in the local school system to be chosen by the parents of the student with transportation costs borne by the system; or (E) Mandate a monitor, master, or management team in the school that shall be paid by the district; (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, subject to the provisions of subsection (f) of this Code section, 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 subsection (a) of this Code section: (1) Mandated public school choice; (2) Specified maximum class sizes; and (3) Site based expenditure controls.

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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. (f) Before the implementation of any interventions for a school that has received an unacceptable rating for two years or three years, the local board of education for such school shall have an opportunity to examine the data which form the basis for the intervention or interventions and to provide any correction, explanation, or supplement to such data. The department shall determine whether to accept or reject any revision in the data proposed by the local board. The department shall subsequently intervene or not in accordance with the departments determination of the data. (g) A local board of education may request an opportunity for a hearing before the state board to show cause why an intervention or interventions should not be required. An intervention shall not be stayed pending the hearing or the determination of the state board. The determination of the state board shall be the final decision."
SECTION 21A. Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to regulation of employment of minors, is amended in Code Section 39-2-11, relating to required employment certificates and the requirements for issuance, by adding a new subsection (e) to read as follows:
"(e)(1) The certificate provided for in subsection (a) of this Code section shall be accompanied by a letter from the minors school administrator indicating that the minor is enrolled in school full-time and has an attendance record in good standing for the current academic year. The employer of a minor shall maintain a copy of such certificate and letter in the minors employment file. Such letter shall be updated in January of each subsequent academic year during which the minor maintains his or her employment until such minor reaches the age of 18 years or receives a high school diploma, a general educational development (GED) diploma, a special education diploma, or a certificate of high school completion, or has terminated his or her secondary education and is enrolled in a postsecondary school. Any employer failing

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to comply with this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed $1,000.00, up to twelve months imprisonment, or both, for each violation. (2) The State Board of Education shall promulgate rules and regulations to provide for the issuance of a waiver or exemption from the provisions of this subsection to a minor, upon such minors petition, if there is clear and convincing evidence that the enforcement of the provisions of this subsection upon such minor would create an undue hardship upon the minor or the minors family or if there is clear and convincing evidence that the enforcement of the provisions of this subsection would act as a detriment to the health or welfare of the minor."
SECTION 21B. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses for motor vehicles, is amended in Code Section 40-5-22, relating to persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements, 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 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 has satisfied relevant attendance requirements as set forth in paragraph (2) of this subsection for a period of one academic year prior to application for an instruction permit or drivers license; or (B) Is enrolled in a home education program that satisfies the requirements of all state laws governing such courses. The department shall notify such minor of his or her ineligibility for an instruction permit or drivers license at the time of such application. (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 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 receives notice pursuant to Code Section 20-2-701 that indicates that such minor:

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(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 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. 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. Such notice shall include instructions to the minor to return immediately the instruction permit or drivers license to the department and information summarizing the minors right to request an exemption from the provisions of this subsection. 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. The department shall be authorized to grant an exemption from the provisions of this subsection to a minor, upon such minors petition, if there is clear and convincing evidence that the enforcement of the provisions of this subsection upon such minor would create an undue hardship upon the minor or the minors family or if there is clear and convincing evidence that the enforcement of the provisions of this subsection would act as a detriment to the health or welfare of the minor. 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 of one year or shall 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 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) of this paragraph shall not

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be reinstated until 90 days after the effective date of the suspension of such permit or license whichever comes first. (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 22. 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 20-2-212.3, relating to increasing teachers salaries in areas of shortage and criteria for determining shortage; (3) Code Section 20-2-283, relating to criteria and specific requirements for the development of a placement and promotion policy; (4) Code Section 20-2-286, relating to Georgia Closing the Achievement Gap Commission; (5) Code Section 20-14-6, relating to selection of personnel to support the Education Coordinating Council; (6) Code Section 20-14-8, relating to general powers and duties of the Education Coordinating Council; (7) Code Section 20-14-20, relating to definitions regarding education accountability assessment programs; (8) Code Section 20-14-25, relating to the creation of the Office of Education Accountability; (9) Code Section 47-3-127.1, relating to employment of retired teacher as full-time teacher; and (10) Code Section 50-18-72, relating to when public disclosure of government records is not required.
SECTION 23. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 24. All laws and parts of laws in conflict with this Act are repealed.

Senator Smith of the 52nd moved that the Senate adopt the Conference Committee Report on HB 1190.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour N Blitch Y Bowen

Y Harbison Y Harp Y Henson Y Hill

Y Seay Y Shafer Y Smith,F Y Smith,P

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N Brown Y Brush Y Bulloch N Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean N Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee Y Levetan Y Me V Bremen Y Moody Y Mullis Y Price Y Reed Y Seabaugh

Y Squires Y Starr Y Stephens Y Stokes Y Tanksley N Tate Y Thomas,D N Thomas,N N Thomas,R E Thompson Y Tolleson Unterman Y Williams Y Zamarripa

On the motion, the yeas were 47, nays 7; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1190.

Senator Levetan of the 40th asked unanimous consent to suspend Senate Rule 156(e) to allow the consideration of the Conference Committee Report # 2 on SB 418. The consent was granted, and Senate Rule 156(e) was suspended.

The following bill was taken up to consider the Conference Committee Report thereto:

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 Conference Committee Report # 2 was as follows:

The Committee of Conference on SB 418 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute # 2 to SB 418 be adopted.

Respectfully submitted, FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

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/s/ Senator Levetan of the 40th /s/ Senator Collins of the 6th /s/ Senator Unterman of the 45th

/s/ Representative Orrock of the 51st /s/ Representative Mobley of the 58th /s/ Representative Oliver of the 56th, Post 2

COMMITTEE OF CONFERENCE SUBSTITUTE #2 TO SB 418:

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 a short title; to provide for penalties; to provide for exceptions; to provide that certain statutory privileges shall not be available; to amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to change provisions relating to disclosure of medical records; to provide for a definition; 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. This Act shall be known and may be cited as the "Amirah Joyce Adem Act".

SECTION 2. 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, a certified nurse midwife, 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

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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 religion, ritual, custom, nor standard practice shall be a defense to the offense of female genital mutilation. (e) The statutory privileges provided by Chapter 9 of Title 24 shall not apply to proceedings in which one of the parties to the privilege is charged with a crime against a female under the age of 18 years, but such person shall be compellable to give evidence only on the specific act for which the defendant is charged."

SECTION 3. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by adding a new paragraph to Code Section 24-9-41, relating to definitions in the disclosure of medical records, to read as follows:
"(6.1) 'Nurse' means a person authorized by license issued under Chapter 26 of Title 43 as a registered professional nurse or licensed practical nurse to practice nursing."

SECTION 4. Said title is further amended by striking Code Section 24-9-42, relating to the disclosure of medical records, and inserting in lieu thereof the following:
"24-9-42. The disclosure of confidential or privileged medical matter constituting all or part of a record kept by a health care facility, a nurse, or a physician, pursuant to laws requiring disclosure or pursuant to limited consent to disclosure, shall not serve to destroy or in any way abridge the confidential or privileged character thereof, except for the purpose for which such disclosure is made."

SECTION 5. This Act shall become effective on July 1, 2004, and shall apply to all offenses committed on or after such date.

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Senator Levetan of the 40th moved that the Senate adopt the Conference Committee Report # 2 on SB 418.

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

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Y Bowen Y Brown Y Brush Y Bulloch
Butler Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R Y Lamutt Y Lee
Levetan Me V Bremen Y Moody Y Mullis Price Y Reed Y Seabaugh

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 motion, the yeas were 49, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report # 2 on SB 418.

The following bill was taken up to consider House action thereto:

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 House substitute was as follows:

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.

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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 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;. (B)(C) 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

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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 maintained or improved water quality downstream of the project; or (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 maintained or improved water quality in such listed stream segment and that the project has no adverse impact relative to the pollutants of concern in such stream segment; and
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. (C)(D) 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.

Senator Cagle of the 49th moved that the Senate agree to the House substitute to SB 460.

On the motion, a roll call was taken and the vote was as follows:

Adelman Y Balfour Y Blitch Y Bowen N Brown Y Brush Y Bulloch

Y Harbison Y Harp N Henson Y Hill Y Hooks Y Hudgens
Jackson

Y Seay Y Shafer Y Smith,F
Smith,P Y Squires Y Starr Y Stephens

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Y Butler Y Cagle Y Cheeks Y Clay Y Collins Y Crotts Y Dean N Fort Y Gillis Y Golden Y Hall Y Hamrick

Y Johnson Y Kemp,B Y Kemp,R
Lamutt Y Lee
Levetan Y Me V Bremen Y Moody Y Mullis Y Price N Reed
Seabaugh

N Stokes Tanksley
N 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 42, nays 7; the motion prevailed, and the Senate agreed to the House substitute to SB 460.

The following bill was taken up to consider the Conference Committee Report thereto:

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 Conference Committee Report was as follows:

The Committee of Conference on HB 1136 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1136 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Williams of the 19th /s/ Senator Crotts of the 17th /s/ Senator Cheeks of the 23rd

/s/ Representative Smith of the 13th, Post 2 /s/ Representative Barnes of the 84th, Post 2 /s/ Representative Morris of the 120th

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COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1136
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 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; to provide for governance of the bank; to provide for the functions of the bank in general and in particular with respect to the financing of transportation projects of government units; to define terms; to provide for the powers, duties, governance, and operations of the bank; to provide for capitalization of the bank and funding sources; to authorize the issuance of bonds by the authority for purposes of the bank; 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. Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, is amended by adding at its end a new Part 3 to read as follows:
"Part 3 32-10-120. This part shall be known and may be cited as the 'Georgia Transportation Infrastructure Bank Act.'
32-10-121. (a) There is created within the State Road and Tollway Authority an instrumentality of the state to be known as the Georgia Transportation Infrastructure Bank. (b) The bank shall be governed by the board of the State Road and Tollway Authority as provided in this chapter. (c) The corporate purpose of the bank is to assist in financing qualified projects by providing loans and other financial assistance to government units for constructing and improving highway and transportation facilities necessary for public purposes, including economic development. The exercise by the bank of a power conferred in this part is an essential public function. (d) The bank shall establish and maintain at least the four following accounts: state and local highway account, state and local transit account, federal highway account, and federal transit account.
32-10-122. As used in this part, unless the context clearly indicates otherwise, the term:

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(1) 'Bank' means the Georgia Transportation Infrastructure Bank. (2) 'Board' means the board of the State Road and Tollway Authority. (3) 'Department of Transportation' means the Georgia Department of Transportation and its successors. (4) 'Eligible costs' means as applied to a qualified project to be financed from the federal highway accounts, the costs that are permitted under applicable federal laws, requirements, procedures, and guidelines in regard to establishing, operating, and providing assistance from the bank. As applied to a qualified project to be financed from the state and local highway account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right of way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, facilities, and other costs necessary for the qualified project. As applied to any qualified project to be financed from the federal transit account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right of way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, equipment, facilities, and other nonoperating costs necessary for the qualified project. As applied to any qualified project to be financed from the state and local transit account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right of way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, equipment, facilities, and other nonoperating costs necessary for the qualified project. (5) 'Eligible project' means a highway, including bridges, air transport and airport facilities, and rails, or transit project which provides public benefits by either enhancing mobility and safety, promoting economic development, or increasing the quality of life and general welfare of the public. The term 'eligible project' also includes mass transit systems including, but not limited to, monorail and monobeam mass transit systems. There may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad sidings and lead tracks, bridges, causeways, terminals for railroad, automotive, and air transportation, transportation facilities incidental to the project, and the dredging and improving of harbors and waterways, none of which foregoing descriptive words shall be construed to constitute a limitation. (6) 'Federal accounts' means, collectively, the separate account for federal highway funds and federal transit funds. (7) 'Financing agreement' means any agreement entered into between the bank and a qualified borrower pertaining to a loan or other financial assistance. This agreement may contain, in addition to financial terms, provisions relating to the regulation and supervision of a qualified project, or other provisions as the board may determine. The term 'financing agreement' includes, without limitation, a loan agreement, trust indenture, security agreement, reimbursement agreement, guarantee agreement, bond

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or note, ordinance or resolution, or similar instrument. (8) 'Government unit' means a municipal corporation, county, or other public body, instrumentality, or agency of state or local government, including combinations of two or more of these entities acting jointly to construct, own, or operate a qualified project, and any other state or local authority, board, commission, agency, department, or other political subdivision created by the General Assembly or pursuant to the Constitution and laws of this state which may construct, own, or operate a qualified project. (9) 'Loan' means an obligation subject to repayment which is provided by the bank to a qualified borrower for all or a part of the eligible costs of a qualified project. A loan may be disbursed in anticipation of reimbursement for or direct payment of the eligible costs of a qualified project. (10) 'Loan obligation' means a bond, note, or other evidence of an obligation issued by a qualified borrower. (11) 'Other financial assistance' includes, but is not limited to, grants, contributions, credit enhancement, capital or debt reserves for bonds or debt instrument financing, interest rate subsidies, provision of letters of credit and credit instruments, provision of bond or other debt financing instrument security, and other lawful forms of financing and methods of leveraging funds that are approved by the board, and in the case of federal funds, as allowed by federal law. (12) 'Project revenues' or 'revenues' means all rates, rents, fees, assessments, charges, and other receipts derived or to be derived by a qualified borrower from a qualified project or made available from a special source, and, as provided in the applicable financing agreement, derived from any system of which the qualified project is a part or from any other revenue producing facility under the ownership or control of the qualified borrower including, without limitation, proceeds of grants, gifts, appropriations and loans, including the proceeds of loans made by the bank, investment earnings, reserves for capital and current expenses, proceeds of insurance or condemnation and proceeds from the sale or other disposition of property and from any other special source as may be provided by the qualified borrower. (13) 'Qualified borrower' means any government unit authorized to construct, operate, or own a qualified project. (14) 'Qualified project' means an eligible project which has been selected by the bank to receive a loan or other financial assistance from the bank to defray an eligible cost. (15) 'State and local accounts' means, collectively, the separate account for state and local highway funds and state and local transit funds.
32-10-123. In administering the affairs of the bank, the board may exercise any or all of the powers granted to the authority under Parts 1 and 2 of this article, as well as the powers granted in this part. Without limiting the generality of the foregoing, the board is specifically authorized to issue bonds for the purposes of the bank, in the same general manner provided in Part 2 of this article.

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32-10-124. (a) In addition to the powers contained elsewhere in this article, the board has all power necessary, useful, or appropriate to fund, operate, and administer the bank, and to perform its other functions including, but not limited to, the power to:
(1) Have perpetual succession; (2) Adopt, promulgate, amend, and repeal bylaws, not inconsistent with provisions in this part for the administration of the banks affairs and the implementation of its functions, including the right of the board to select qualifying projects and to provide loans and other financial assistance; (3) Sue and be sued in the name of the bank; (4) Have a seal and alter it at its pleasure, although the failure to affix the seal does not affect the validity of an instrument executed on behalf of the bank; (5) Make loans to qualified borrowers to finance the eligible costs of qualified projects and to acquire, hold, and sell loan obligations at prices and in a manner as the board determines advisable; (6) Provide qualified borrowers with other financial assistance necessary to defray eligible costs of a qualified project; (7) Enter into contracts, arrangements, and agreements with qualified borrowers and other persons and execute and deliver all financing agreements and other instruments necessary or convenient to the exercise of the powers granted in this part; (8) Enter into agreements with a department, agency, or instrumentality of the United States or of this state or another state for the purpose of providing for the financing of qualified projects; (9) Establish:
(A) Policies and procedures for the making and administering of loans and other financial assistance; and (B) Fiscal controls and accounting procedures to ensure proper accounting and reporting by the bank and government units; (10) Acquire by purchase, lease, donation, or other lawful means and sell, convey, pledge, lease, exchange, transfer, and dispose of all or any part of its properties and assets of every kind and character or any interest in it to further the public purpose of the bank; (11) Procure insurance, guarantees, letters of credit, and other forms of collateral or security or credit support from any public or private entity or instrumentality of the United States for the payment of any bonds issued by it, including the power to pay premiums or fees on any insurance, guarantees, letters of credit, and other forms of collateral or security or credit support; (12) Collect or authorize the trustee under any trust indenture securing any bonds to collect amounts due under any loan obligations owned by it, including taking the action required to obtain payment of any sums in default; (13) Unless restricted under any agreement with holders of bonds, consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest, or any other term of any loan obligations owned by it;

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(14) Borrow money through the issuance of bonds and other forms of indebtedness as provided in this article; (15) Expend funds to obtain accounting, management, legal, financial consulting, and other professional services necessary to the operations of the bank; (16) Expend funds credited to the bank as the board determines necessary for the costs of administering the operations of the bank; (17) Establish advisory committees as the board determines appropriate, which may include individuals from the private sector with banking and financial expertise, including the requirement that the bank shall consult with the Department of Transportation for the purpose of implementing the project accounting procedures required by subparagraph (a)(9)(B) of Code Section 32-10-124; (18) Procure insurance against losses in connection with its property, assets, or activities including insurance against liability for its acts or the acts of its employees or agents or to establish cash reserves to enable it to act as a self-insurer against any and all such losses; (19) Collect fees and charges in connection with its loans or other financial assistance; (20) Apply for, receive, and accept from any source, aid, grants, or contributions of money, property, labor, or other things of value to be used to carry out the purposes of this part subject to the conditions upon which the aid, grants, or contributions are made; (21) Enter into contracts or agreements for the servicing and processing of financial agreements; (22) Accept and hold, with or without payment of interest, funds deposited with the bank by government units and private entities; and (23) Do all other things necessary or convenient to exercise powers granted or reasonably implied by this part. (b) The bank is not authorized or empowered to be or to constitute a bank or trust company within the jurisdiction or under the control of this state or an agency of it or the Comptroller of the Currency or the Treasury Department of the United States, or a bank, banker, or dealer in securities within the meaning of, or subject to the provisions of, any securities, securities exchange, or securities dealers law of the United States or of this state. The use of the word 'bank' in the 'Georgia Transportation Infrastructure Bank' is required by federal law. For the express purposes of this part, the use of the word 'bank' in the 'Georgia Transportation Infrastructure Bank Act' does not violate Code Section 7-1-243. In addition, all deposits taken by the Georgia Transportation Infrastructure Bank shall contain a notice stating that the deposits are not insured by the Federal Deposit Insurance Corporation.
32-10-125. (a) The following sources may be used to capitalize the bank and for the bank to carry out its purposes:
(1) Appropriations by the General Assembly;

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(2) Federal funds specifically appropriated for the State Infrastructure Bank and designated by federal authorization to the state for such purpose; (3) Contributions, donations, and deposits from government units, private entities, and any other source as may become available to the bank; (4) All moneys paid or credited to the bank, by contract or otherwise, payments of principal and interest on loans or other financial assistance made from the bank, and interest earnings which may accrue from the investment or reinvestment of the banks moneys; (5) Proceeds from the issuance of bonds as provided in this part; and (6) Other lawful sources not already dedicated for another purpose as determined appropriate by the board. (b) Without limiting the provisions of subsection (a) of this Code section, it is specifically provided that any local government may use the proceeds of any local motor fuel tax which may be hereafter made available by law for the purposes of this part, including without limitation the funding of eligible projects and contributions, donations, and deposits to the bank. (c) Neither the proceeds of the state motor fuel taxes nor any other state revenue source currently dedicated to any particular purpose or program shall be diverted to the bank. Any money derived from the state motor fuel tax, including interest accrued thereon, and reimbursements from federal funds shall be considered proceeds from the state motor fuel tax as defined herein and may not be appropriated or used to fund the bank. State tax revenues may not be appropriated or used to fund the bank.
32-10-126. (a) Earnings on balances in the federal accounts must be credited and invested according to federal law. Earnings on state and local accounts must be credited to the state and local highway account or state and local transit account that generates the earnings. The bank may establish accounts and subaccounts within the state and local accounts and federal accounts as considered desirable to effectuate the purposes of this part, or to meet the requirements of any state or federal programs. (b) For necessary and convenient administration of the bank, the board shall establish federal and state and local accounts and subaccounts within the bank necessary to meet any applicable federal law requirements or as the bank shall determine necessary or desirable in order to implement the provisions of this part. (c) The bank shall comply with all applicable federal laws and regulations prohibiting the commingling of certain federal funds deposited in the bank.
32-10-127. (a) The bank may provide loans and other financial assistance to a government unit to pay for all or part of the eligible costs of a qualified project. The term of the loan or other financial assistance shall not exceed the useful life of the project. The bank may require the government unit to enter into a financing agreement in connection with its loan obligation or other financial assistance. The board shall determine the form and

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content of loan applications, financing agreements, and loan obligations including the term and rate or rates of interest on a financing agreement. The terms and conditions of a loan or other financial assistance from federal accounts shall comply with applicable federal requirements. (b) The selection of which projects are eligible projects shall be in accordance with the procedure established under the provisions of Code Section 32-10-67 regarding the initiation of all projects by the authority. Preference must be given to eligible projects which have local financial support. A selected project must be included on an approved state-wide transportation improvement program or a comprehensive transportation plan pursuant to Code Section 32-2-3.
32-10-128. (a) Qualified borrowers are authorized to obtain loans or other financial assistance from the bank through financing agreements. Qualified borrowers entering into financing agreements and issuing loan obligations to the bank may perform any acts, take any action, adopt any proceedings, and make and carry out any contracts or agreements with the bank as may be agreed to by the bank and any qualified borrower for the carrying out of the purposes contemplated by this part. (b) In addition to the authorizations contained in this part, all other statutes or provisions permitting government units to borrow money and issue obligations, including, but not limited to Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' may be utilized by any government unit in obtaining a loan or other financial assistance from the bank to the extent determined necessary or useful by the government unit in connection with any financing agreement and the issuance, securing, or sale of loan obligations to the bank. (c) A qualified borrower may receive, apply, pledge, assign, and grant security interests in project revenues to secure its obligations as provided in this part. A qualified borrower may fix, revise, charge, and collect fees, rates, rents, assessments, and other charges of general or special application for the operation or services of a qualified project, the system of which it is a part, and any other revenue producing facilities from which the qualified borrower derives project revenues to meet its obligations under a financing agreement or to provide for the construction and improving of a qualified project.
32-10-129. The bank is performing an essential governmental function in the exercise of the powers conferred upon it and is not required to pay taxes or assessments upon property or upon its operations or the income therefrom, or taxes or assessments upon property or loan obligations acquired or used by the bank or upon the income therefrom.
32-10-130. (a) If a government unit fails to collect and remit in full all amounts due to the bank on the date these amounts are due under the terms of any note or other obligation of the

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government unit, the bank shall notify the appropriate state officials who shall withhold all or a portion of the funds of the state and all funds administered by the state and its agencies, boards, and instrumentalities allotted or appropriated to the government unit and apply an amount necessary to the payment of the amount due. (b) Nothing contained in this Code section mandates the withholding of funds allocated to a government unit which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of a court binding on the state.

32-10-131. Neither the board nor any officer, employee, or committee of the bank acting on behalf of it, while acting within the scope of this authority, is subject to any liability resulting from carrying out any of the powers given in this part.

32-10-132. Notice, proceeding, or publication, except those required in this part, is not necessary to the performance of any act authorized in this part nor is any act of the bank subject to any referendum.

32-10-133. Following the close of each state fiscal year, the bank shall submit an annual report of its activities for the preceding year to the Governor and make such report available to the General Assembly. The bank also shall submit an annual report to the appropriate federal agency in accordance with requirements of any federal program."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Williams of the 19th moved that the Senate adopt the Conference Committee Report on HB 1136.

On the motion, a roll call was taken, and the vote was as follows:

Adelman Y Balfour
Blitch Y Bowen Y Brown
Brush Y Bulloch N Butler Y Cagle Y Cheeks

Y Harbison Y Harp Y Henson Y Hill Y Hooks Y Hudgens Y Jackson Y Johnson Y Kemp,B Y Kemp,R

Y Seay Y Shafer N Smith,F Y Smith,P Y Squires Y Starr Y Stephens
Stokes Tanksley Y Tate

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Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden Y Hall Y Hamrick

Lamutt Y Lee Y Levetan
Me V Bremen Y Moody Y Mullis
Price Y Reed Y Seabaugh

Y Thomas,D N Thomas,N Y Thomas,R Y Thompson Y Tolleson Y Unterman Y Williams Y Zamarripa

On the motion, the yeas were 45, nays 3; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 1136.

The following bill was taken up to consider the Conference Committee Report thereto:

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 Conference Committee Report was as follows:

The Committee of Conference on HB 208 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 208 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Kemp of the 3rd /s/ Senator Seabaugh of the 28th /s/ Senator Levetan of the 40th

/s/ Representative Stephenson of the 60th, Post 1 /s/ Representative Moraitakis of the 42nd, Post 4 /s/ Representative Fludd of the 48th, Post 4

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 208

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A BILL TO BE ENTITLED AN ACT
To amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, so as to change provisions relating to compliance with condominium instruments; to change provisions relating to allocation of votes in associations; to clarify liability for common expenses which may be assessed against owners; to change provisions relating to damage or destruction of units; to change provisions for calling meetings of the association; to change provisions relating to quorums at association or board meetings; 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 change certain definitions; to clarify voting procedures at association meetings; to change provisions relating to liability for unpaid assessments; to clarify incorporated names of associations; to clarify meeting quorum requirements; to clarify requirements for calling meetings; to change procedures for judicial foreclosure; to clarify applicability of this article; 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 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, is amended by striking Code Section 44-3-76, relating to compliance with condominium instruments, and inserting in lieu thereof the following:
"44-3-76. Every unit owner and all those entitled to occupy a unit shall comply with all lawful provisions of the condominium instruments. In addition, any unit owner and all those entitled to occupy a unit shall comply with any reasonable rules or regulations adopted by the association pursuant to the condominium instruments which have been provided to the unit owners and with the lawful provisions of bylaws of the association. Any lack of such compliance shall be grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity, maintainable by the association or, in any proper case, by one or more aggrieved unit owners, on their own behalf or as a class action. If and to the extent provided in the condominium instruments, the association shall be empowered to impose and assess fines, and suspend temporarily voting rights and the right of use of certain of the common elements in order to enforce such compliance; provided, however, that no such suspension shall deny any unit owner or occupants access to the unit owned or occupied nor cause any hazardous or unsanitary condition to exist. If the voting right of a unit owner has been suspended, then to the extent provided in the condominium instruments, that unit owners vote shall not count for purposes of establishing a quorum or taking any action which requires a vote of the owners under this article or the condominium instruments. Notwithstanding any other provision of this Code

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section, to the extent provided in the condominium instruments, water, gas, electricity, heat, and air conditioning services being provided to a unit or unit owner by the association may be terminated for failure to pay assessments and other amounts due pursuant to subsection (a) of Code Section 44-3-109, subject to the suspension standards and notice requirements imposed on the institutional providers providing such services to the condominium development, only after a final judgment or final judgments in excess of a total of $750.00 are obtained in favor of the association from a court of competent jurisdiction. The utility services shall not be required to be restored until the judgment or judgments and any reasonable utility provider charges or other reasonable costs incurred in suspending and restoring such services are paid in full. All common expenses for termination and restoration of any services pursuant to this Code section shall be an assessment and a lien against the unit."
SECTION 2. Said article is further amended by striking subsections (b) and (c) of Code Section 44-379, relating to the allocation of votes in the association, and inserting in lieu thereof the following:
"(b) Since a unit owner may be more than one person, if only one of those persons is present at a meeting of the association or is voting by proxy, ballot, or written consent, that person shall be entitled to cast the votes pertaining to that unit. However, if more than one of those persons is present or executes a proxy, ballot, or written consent, the vote pertaining to that unit shall be cast only in accordance with their unanimous agreement unless the condominium instruments expressly provide otherwise; and such consent shall be conclusively presumed if any one of them purports to cast the votes pertaining to that unit without protest being made immediately by any of the others to the person presiding over the meeting or vote. (c) The votes pertaining to any unit may, and, in the case of any unit owner not a natural person or persons, shall, be cast pursuant to a proxy or proxies duly executed by or on behalf of the unit owner or, in cases where the unit owner is more than one person, by or on behalf of the joint owners of the unit. No such proxy shall be revocable except as provided in Code Section 14-2-722 or 14-3-724 or by written notice delivered to the association by the unit owner or by any joint owners of a unit. Any proxy shall be void if it is not dated or if it purports to be revocable without such notice."
SECTION 3. Said article is further amended by striking subsection (c) of Code Section 44-3-80, relating to the allocation of liability for common expenses, and inserting in lieu thereof the following:
"(c) The amount of all common expenses not specially assessed pursuant to subsection (a) or (b) of this Code section, less the amount of all undistributed and unreserved common profits, shall be assessed against the condominium units in accordance with the allocation of liability for common expenses set forth in the declaration. The

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allocation may be by percentage, fraction, formula, or any other method which indicates the relative liabilities for common expenses. If an equal liability for common expenses is allocated to each unit, the declaration may merely so state. The entire liability for common expenses shall be allocated among the units depicted on plats or plans that comply with subsections (a) and (b) of Code Section 44-3-83 and shall be subject to reallocation as provided in this article. Except to the extent otherwise expressly provided or permitted by this article, the allocations of the liability shall not be altered; provided, however, that no reallocation shall affect any assessment or installation thereof becoming due and payable prior to reallocation. The assessments shall be made by the association annually or more often if the condominium instruments so provide and shall be payable in the manner determined by the association. Notwithstanding any unequal allocation of liabilities for common expenses pursuant to this subsection, this provision shall not preclude the association from levying charges equally among units for services or items provided to owners upon request, or which provide proportionate or uniform benefit to the units, including, but not limited to, uniform charges for pool keys or other common element entry devices."
SECTION 4. Said article is further amended by striking Code Section 44-3-94, relating to damage or destruction of units, and inserting in lieu thereof the following:
"44-3-94. Unless otherwise provided in the condominium instruments, in the event of damage to or destruction of any unit by a casualty covered under insurance required to be maintained by the association pursuant to Code Section 44-3-107, the association shall cause the unit to be restored. Unless otherwise provided in the condominium instruments, any funds required for such restoration in excess of the insurance proceeds attributable thereto shall be paid by the unit owner of the unit; provided, however, that, in the event that the unit owner of the unit together with the unit owners of other units to which two-thirds of the votes in the association pertain agree not to restore the unit, the unit shall not be restored and the entire undivided interest in the common elements pertaining to that unit shall then pertain to the remaining units, to be allocated to them in proportion to their undivided interests in the common elements, and the remaining portion of that unit shall thenceforth be a part of the common elements. Votes in the association and liability for future common expenses shall thereupon pertain to the remaining units, being allocated to them in proportion to their relative voting strength in the association and liability for common expenses, respectively. As to insurance required to be maintained by the association under this article and to To the extent provided for in the condominium instruments, the association may allocate equitably the payment of a reasonable insurance deductible between the association and the unit owners affected by a casualty against which the association is required to insure; provided, however, that the amount of deductible which can be allocated to any one unit owner shall not exceed $1,000.00 $2,500.00 per casualty loss covered under any insurance required to be maintained by the association under this article. The existence

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of a reasonable deductible in any required insurance policy shall not be deemed a failure to maintain insurance as required by this Code section."
SECTION 5. Said article is further amended by striking Code Section 44-3-102, relating to meetings of the association, and inserting in lieu thereof the following:
"44-3-102. Meetings of the members of the association shall be held in accordance with the provisions of the associations bylaws and in any event shall be called not less frequently than annually. A condominium instrument recorded on or after July 1, 1990, shall also provide for the calling of a meeting upon the written request of at least 15 percent of the unit owners. Notice shall be given to each unit owner at least 21 days in advance of any annual or regularly scheduled meeting and at least seven days in advance of any other meeting and shall state the time, place, and purpose of such meeting. Such notice shall be delivered personally, or sent by United States mail, postage prepaid, statutory overnight delivery, or issued electronically in accordance with Chapter 12 of Title 10, the 'Georgia Electronic Records and Signatures Act,' to all unit owners of record at such address or addresses as any of them may have designated or, if no other address has been so designated, at the address of their respective units. At the annual meeting, comprehensive reports of the affairs, finances, and budget projections of the association shall be made to the unit owners."
SECTION 6. Said article is further amended by striking Code Section 44-3-103, relating to quorums at meetings of the association or board, and inserting in lieu thereof the following:
"44-3-103. Unless the condominium instruments or bylaws provide otherwise, a quorum shall be deemed present throughout any meeting of the members of the association if persons entitled to cast more than one-third of the votes are present at the beginning of the meeting. Unless the condominium instruments or bylaws specify a larger majority, a quorum shall be deemed present throughout any meeting of the board of directors if percentage, the presence of persons entitled to cast one-half of the votes in that body are present of the board of directors shall constitute a quorum for the transaction of any business at any meeting of the board."
SECTION 7. Said article is further amended by striking subsection (c) of Code Section 44-3-109, relating to a lien for assessments, and inserting in lieu thereof the following:
"(c) Not less than ten 30 days after notice is sent by certified mail or statutory overnight delivery, return receipt requested, to the unit owner both at the address of the unit and at any other address or addresses which the unit owner may have designated to the association in writing, the lien may be foreclosed by the association by an action,

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judgment, and foreclosure in the same manner as other liens for the improvement of real property, subject to superior liens or encumbrances, but any such court order for judicial foreclosure shall not affect the rights of holders of superior liens or encumbrances to exercise any rights or powers afforded to them under their security instruments. The notice provided for in this subsection shall specify the amount of the assessments then due and payable together with authorized late charges and the rate of interest accrued accruing thereon. Unless prohibited by the condominium instruments, the association shall have the power to bid on the unit at any foreclosure sale and to acquire, hold, lease, encumber, and convey the same. The lien for assessments shall lapse and be of no further effect, as to assessments or installments thereof, together with late charges and interest applicable thereto, which first become due and payable more than three years prior to the date upon which the notice contemplated in this subsection is given or more than three years prior to the institution of an action therefor if an action is not instituted within 90 days after the giving of the notice four years after the assessment or installment first became due and payable."
SECTION 8. Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Property Owners Association Act," is amended by striking paragraphs (9) and (18) of Code Section 44-3-221, relating to definitions, and inserting in lieu thereof the following:
"(9) 'Lot' means any plot or parcel of land, other than a common area, designated for separate ownership and occupancy shown on a recorded subdivision plat for a development and subject to a declaration. Where the context indicates or requires, the term lot includes any structure on the lot. With respect to a property owners development which includes a condominium, and to the extent provided for in the instrument, each condominium unit, as defined in paragraph (28) of Code Section 443-71, shall be deemed a separate lot." "(18) 'Property owners development' or 'development' means real property containing both which contains lots and which may contain common area located within Georgia and subject to a declaration and submitted to this article."
SECTION 9. Said article is further amended by striking Code Section 44-3-224, relating to voting at association meetings, and inserting in lieu thereof the following:
"44-3-224. (a) Since a lot owner may be more than one person, if only one of those persons is present at a meeting of the association, or is voting by proxy, ballot, or written consent, that person shall be entitled to cast the votes pertaining to that lot. However, if more than one of those persons is present, or executes a proxy, ballot, or written consent, the vote pertaining to that lot shall be cast only in accordance with their unanimous agreement unless the instrument expressly provides otherwise; and such consent shall

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be conclusively presumed if any one of them purports to cast the votes pertaining to that lot without protest being made immediately by any of the others to the person presiding over the meeting or vote. (b) The votes pertaining to any lot may, and, in the case of any lot owner not a natural person or persons, shall, be cast pursuant to a proxy or proxies duly executed by or on behalf of the lot owner or, in cases where the lot owner is more than one person, by or on behalf of the joint owners of the lot. No such proxy shall be revocable except as provided in Code Section 14-2-722 or Code Section 14-3-724 or by written notice delivered to the association by the lot owner or by any joint owners of a lot. Any proxy shall be void if it is not dated or if it purports to be revocable without such notice."
SECTION 10. Said article is further amended by striking subsection (b) of Code Section 44-3-225, relating to assessment of expenses, and inserting in lieu thereof the following:
"(b) No lot owner other than the association shall be exempted from any liability for any assessment under this Code section or under any instrument for any reason whatsoever, including, without limitation, abandonment, nonuser, or waiver of the use or enjoyment of his or her lot or any part of the common area except to the extent that any lot, upon request by the owner of the lot, expressly may be made exempt from assessments and thus denied voting rights of the lot under the instrument until a certificate of occupancy is issued by the governing authority for a dwelling on such lot."
SECTION 11. Said article is further amended by striking subsection (a) of Code Section 44-3-227, relating to incorporation of the association, and inserting in lieu thereof the following:
"(a) Prior to submission to this article, the association shall be duly incorporated either as a business corporation under Chapter 2 of Title 14 or as a nonprofit membership corporation under Chapter 3 of Title 14, as amended. The corporate name of the association shall include the word or words 'homeowners,' 'property owners,' 'community,' 'club,' or 'association' and shall otherwise comply with applicable laws regarding corporate names. The articles of incorporation of the association and the bylaws adopted by the association shall contain provisions not inconsistent with applicable law including but not limited to this article or with the declaration as may be required by this article or by the declaration and as may be deemed appropriate or desirable for the proper management and administration of the association. The term 'member' shall include a shareholder in the event the association is a business corporation or issues stock. Membership shall continue during the period of ownership by such lot owner."
SECTION 12. Said article is further amended by striking Code Section 44-3-228, relating to presence of quorums at meetings, and inserting in lieu thereof the following:
"44-3-228.

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Unless the instrument provides or bylaws provide otherwise, a quorum shall be deemed present throughout any meeting of the members of the association if persons entitled to cast more than one-third of the votes are present at the beginning of the meeting. Unless the instrument specifies or bylaws specify a larger majority, a quorum shall be deemed present throughout any meeting of the board of directors if percentage, the presence of persons entitled to cast one-half of the votes of the board of directors shall constitute a quorum for the transaction of business at any meeting of the board in that body are present at such meeting."
SECTION 13. Said article is further amended by striking Code Section 44-3-230, relating to frequency of meetings, and inserting in lieu thereof the following:
"44-3-230. Meetings of the members of the association shall be held in accordance with the provisions of the associations bylaws and in any event shall be called not less frequently than annually. Notice shall be given to each lot owner at least 21 days in advance of any annual or regularly scheduled meeting and at least seven days in advance of any other meeting and shall state the time, place, and, for any special meeting, purpose of such meeting. Such notice shall be delivered personally or sent by United States mail, postage prepaid, statutory overnight delivery, or issued electronically in accordance with Chapter 12 of Title 10, the 'Georgia Electronic Records and Signatures Act,' to all lot owners of record at such address or addresses as designated by such lot owners or, if no other address has been so designated, at the address of their respective lots. At the annual meeting, comprehensive reports of the affairs, finances, and budget projections of the association shall be made to the lot owners."
SECTION 14. Said article is further amended by striking subsection (c) of Code Section 44-3-232, relating to assessments against lot owners as constituting a lien in favor of the association, and inserting in lieu thereof the following:
"(c) Not less than ten 30 days after notice is sent by certified mail or statutory overnight delivery, return receipt requested, to the lot owner both at the address of the lot and at any other address or addresses which the lot owner may have designated to the association in writing, the lien may be foreclosed by the association by an action, judgment, and court order for foreclosure in the same manner as other liens for the improvement of real property, subject to superior liens or encumbrances but any such court order for judicial foreclosure shall not affect the rights of holders of superior liens or encumbrances to exercise any rights or powers afforded to them under their security instruments. The notice provided for in this subsection shall specify the amount of the assessments then due and payable together with authorized late charges and the rate of interest accrued accruing thereon. Unless prohibited by the instrument, the association shall have the power to bid on the lot at any foreclosure sale and to acquire, hold, lease, encumber, and convey the same. The lien for assessments shall lapse and be of no

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further effect, as to assessments or installments thereof, together with late charges and interest applicable thereto, which first become due and payable more than three four years prior to the date upon which the notice contemplated in this subsection is given or more than three years prior to the institution of an action therefor if an action is not instituted within 90 days after the giving of the notice after the assessment or installment first became due and payable."

SECTION 15. Said article is further amended by striking subsection (b) of Code Section 44-3-235, relating to applicability of the article and inserting in lieu thereof the following:
"(b) This article shall not apply to associations created pursuant to Article 3 of this chapter, the 'Georgia Condominium Act.' Act,' except to the extent that a property owners development created under this article includes a condominium, together with other real property, as provided in paragraph (9) of Code Section 44-3-221."

SECTION 16. All laws and parts of law in conflict with this act are repealed.

Senator Levetan of the 40th moved that the Senate adopt the Conference Committee Report on HB 208.

On the motion, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Blitch Y Bowen Y Brown
Brush Y Bulloch Y Butler Y Cagle
Cheeks Y Clay Y Collins Y Crotts Y Dean Y Fort Y Gillis Y Golden

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
Me V Bremen Y Moody Y Mullis Y Price

Y Seay N 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 N Thompson Y Tolleson Y Unterman Y Williams

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N Hall Y Hamrick

Y Reed Y Seabaugh

Y Zamarripa

On the motion, the yeas were 48, nays 4; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 208.

The following resolutions were read and adopted:

SR 1106. By Senator Stephens of the 51st:

A RESOLUTION commending Honorable Mike Crotts; and for other purposes.

SR 1107. By Senator Stephens of the 51st:

A RESOLUTION commending Honorable Chuck Clay; and for other purposes.

SR 1109. By Senators Meyer von Bremen of the 12th, Thompson of the 33rd, Brown of the 26th, Seay of the 34th, Adelman of the 42nd, Zamarripa of the 36th and others:

A RESOLUTION commending Honorable Mary Squires; and for other purposes.

SR 1176. By Senators Collins of the 6th, Clay of the 37th and Price of the 56th:

A RESOLUTION commending Jason Rooks; and for other purposes.

SR 1177. By Senators Collins of the 6th, Clay of the 37th and Price of the 56th:

A RESOLUTION saluting the civic and community success of Sue Lake; and for other purposes.

SR 1178. By Senators Collins of the 6th, Lamutt of the 21st and Clay of the 37th:

A RESOLUTION commending Kessel D. Stelling, Jr.; and for other purposes.

SR 1179. By Senator Collins of the 6th:

A RESOLUTION recognizing Mr. Frank Boggs; and for other purposes.

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SR 1180. By Senator Collins of the 6th:
A RESOLUTION recognizing and commending Michael Seigler for his dedication and commitment to his profession, the Smyrna Library, and the community of Smyrna; and for other purposes.
SR 1181. By Senators Collins of the 6th, Lamutt of the 21st, Clay of the 37th and Price of the 56th:
A RESOLUTION recognizing Mrs. Sue Everhart; and for other purposes.
SR 1182. By Senator Collins of the 6th:
A RESOLUTION recognizing Harold Smith for his contributions of service to the community; and for other purposes.
SR 1183. By Senator Collins of the 6th:
A RESOLUTION recognizing Mr. Mark Douglass; and for other purposes.
SR 1184. By Senator Collins of the 6th:
A RESOLUTION expressing regret at the passing of Donna Renae "Peanut" McGee; and for other purposes.
SR 1185. By Senators Collins of the 6th and Clay of the 37th:
A RESOLUTION recognizing the Georgia Chapter of the Sierra Club; and for other purposes.
SR 1186. By Senators Collins of the 6th, Clay of the 37th and Lamutt of the 21st:
A RESOLUTION commending Robert L. Moultrie; and for other purposes.
SR 1187. By Senator Collins of the 6th:
A RESOLUTION recognizing and commanding Deena Townsend upon the occasion of her selection as the Campbell Middle School Teacher of the year; and for other purposes.
SR 1188. By Senator Collins of the 6th:
A RESOLUTION recognizing Mr. Jack Morton; and for other purposes.

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SR 1189. By Senator Collins of the 6th:
A RESOLUTION recognizing and commending Katherine Davis upon the occasion of her selection as the King Springs Elementary School Teacher of the Year; and for other purposes.
SR 1190. By Senator Collins of the 6th:
A RESOLUTION in memory of Mr. William Pierce "Bill" Lamkin; and for other purposes.
SR 1191. By Senator Collins of the 6th:
A RESOLUTION honoring and remembering the life of Mr. Charles Alfred "Charlie" Brake, Sr.; and for other purposes.
SR 1192. By Senators Seabaugh of the 28th, Lee of the 29th, Hamrick of the 30th and Johnson of the 1st:
A RESOLUTION commending Newnan Utilities; and for other purposes.
SR 1193. By Senator Williams of the 19th:
A RESOLUTION expressing regret at the passing of Ms. Jennie Frost Ballou; and for other purposes.
SR 1194. By Senators Collins of the 6th, Clay of the 37th and Lamutt of the 21st:
A RESOLUTION recognizing Mary Helen Bernknopf for her many contributions to her community; and for other purposes.
SR 1195. By Senators Collins of the 6th, Clay of the 37th and Lamutt of the 21st:
A RESOLUTION recognizing Mr. Bobby Lunceford; and for other purposes.

SR 1196. By Senators Bowen of the 13th and Blitch of the 7th:
A RESOLUTION recognizing and commending the Tift County 4-H Poultry Judging Team; and for other purposes.

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SR 1197. By Senators Bowen of the 13th and Blitch of the 7th:
A RESOLUTION recognizing and commending Ashley Chesnut; and for other purposes.
SR 1198. By Senators Bowen of the 13th and Blitch of the 7th:
A RESOLUTION recognizing and commending Daniel Tankersley; and for other purposes.
SR 1199. By Senators Meyer von Bremen of the 12th, Brown of the 26th, Blitch of the 7th, Dean of the 31st, Thompson of the 33rd and others:
A RESOLUTION recognizing and commending the Honorable Connie Stokes; and for other purposes.
SR 1200. By Senator Bulloch of the 11th:
A RESOLUTION honoring the memory of Captain Judson B. Brinson, USAFR, and expressing regret at his passing; and for other purposes.
SR 1201. By Senators Bowen of the 13th and Mullis of the 53rd:
A RESOLUTION honoring and remembering the life and service of Firefighter Randolpho "Randy" Cubino; and for other purposes.
SR 1202. By Senator Collins of the 6th:
A RESOLUTION commending D. Scott Hanson, Jr.; and for other purposes.
SR 1203. By Senator Collins of the 6th:
A RESOLUTION recognizing and commending Mandy Dixon upon the occasion of her selection as the Green Acres Elementary School Teacher of the Year; and for other purposes.

SR 1204. By Senator Thomas of the 10th:
A RESOLUTION recognizing the Improved Benevolent and Protective Order of Elks of the World; and for other purposes.

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SR 1205. By Senator Thomas of the 10th:

A RESOLUTION honoring Reverend William Smith; and for other purposes.

SR 1207. By Senator Kemp of the 3rd:

A RESOLUTION honoring and remembering the great life and spirit of Mr. Jimmie Ray Fletcher; and for other purposes.

The following committee report was read by the Secretary:

Mr. President:

The Enrolling and Journals subcommittee has read and examined the following legislation and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:

SB 24 SB 179 SB 243 SB 297 SB 357 SB 389 SB 401 SB 421 SB 431 SB 445 SB 457 SB 465 SB 478 SB 486 SB 493 SB 501 SB 513 SB 535 SB 549 SB 563 SB 583 SB 589 SB 604 SB 617 SR 66 SR 651

SB 147 SB 182 SB 253 SB 337 SB 370 SB 393 SB 403 SB 423 SB 436 SB 449 SB 459 SB 467 SB 480 SB 489 SB 496 SB 502 SB 514 SB 541 SB 550 SB 568 SB 584 SB 600 SB 608 SB 625 SR 184 SR 652

SB 154 SB 184 SB 263 SB 347 SB 386 SB 395 SB 405 SB 426 SB 439 SB 453 SB 460 SB 469 SB 482 SB 491 SB 497 SB 509 SB 525 SB 547 SB 553 SB 580 SB 587 SB 601 SB 610 SB 626 SR 589 SR 704

SB 157 SB 231 SB 281 SB 356 SB 388 SB 400 SB 411 SB 427 SB 444 SB 456 SB 461 SB 477 SB 485 SB 492 SB 498 SB 511 SB 531 SB 548 SB 555 SB 582 SB 588 SB 603 SB 615 SB 631 SR 595 SR 760

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SR 781 SR 843 SR 872

SR 787 SR 858 SR 1025

SR 797 SR 866

The President announced the Senate adjourned sine die at 12:03 a.m.

3551
SR 829 SR 869

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INDEX

SENATE JOURNAL INDEX 2004
REGULAR SESSION

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INDEX
PART I, NUMERIC INDEX SENATE BILLS AND RESOLUTIONS

3553

SB 1-- Cruelty to Children; endangerment; criminal negligence .....No action in 2004
SB 2-- Senatorial Districts; composition; number; apportionment........................................................................No action in 2004
SB 3-- Ethics in Government; Financial Disclosure Reform Act .........................................................................................No action in 2004
SB 4-- Air Ambulance Services; licensure; regulations (PF) ..........No action in 2004
SB 5-- Sexually Offensive Material/Content; distribution through electronic media .......................................................No action in 2004
SB 6-- Vehicles Stopped by Law Enforcement During Nighttime Hours ....................................................................No action in 2004
SB 8-- Budget Act; continuation budget report; apply zerobase budgeting .......................................................................No action in 2004
SB 10-- Cruelty to Children; endangerment; sexual abuse; prosecution ............................................................................No action in 2004
SB 11-- Income Taxes; jobs tax credits; less developed areas; portions of counties ...............................................................No action in 2004
SB 12-- Disabled Adults and Elder Persons; abuse, neglect, exploitation; penalties............................................................No action in 2004
SB 15-- Condominiums; sale contract; disclosure; maintenance or repair requests ...................................................................No action in 2004
SB 16-- Child Custody or Visitation Orders; notices; relocation or change of residence ................................................................................7, 11
SB 17-- Child Support; computation of award, guidelines, income deduction orders........................................................No action in 2004
SB 18-- Road Construction and Repair of Manhole Rings; contractor; regulation.............................................................No action in 2004
SB 19-- Teachers; rights in demotion and nonrenewal of contracts.................................................................................No action in 2004
SB 21-- Criminal Prosecution for Offenses Against Minor Children; pleas.......................................................................No action in 2004
SB 23-- Woman's Right To Know Act; Medical Consent Law; abortion procedures ...............................................................No action in 2004
SB 24-- Child Care or Daycare Facilities; liability insurance coverage..................................................................................1303, 1324, 3550
SB 25-- Torts; immunity; medical or forensic examiners of sexual assault victims ...........................................................No action in 2004
SB 26-- Sheriff, Office of; nonpartisan elections ...............................No action in 2004
SB 27-- Trial Juries; size of panels; jury selection; number of peremptory strikes .................................................................No action in 2004

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INDEX

SB 28-- Georgia Fair Lending Act; amend provisions .......................No action in 2004
SB 30-- Teachers Retirement; creditable service in a local school system.........................................................................No action in 2004
SB 31-- Ethics; reforms; campaign contributions; activities on behalf of inmates ...................................................................No action in 2004
SB 32-- Natural Gas Rates; surcharge on interruptibles; minimum amount...................................................................No action in 2004
SB 34-- Natural Gas Competition and Deregulation Act; amend provisions ..............................................................................No action in 2004
SB 35-- Local Government; service delivery; coordinated/comprehensive planning....................................No action in 2004
SB 36-- Nurses, Advanced Practice Registered; prescriptive authority.................................................................................No action in 2004
SB 38-- Georgia Database Protection and Economic Development Act of 2003 .....................................................No action in 2004
SB 39-- Building Permits Through Certain Electronic Media............1018, 1043, 1076, 1316
SB 40-- Ethics; Labor and Employer Campaign Finance Reform Act .........................................................................................No action in 2004
SB 41-- Ad Valorem Taxes; statewide homestead exemption; increase amount .....................................................................No action in 2004
SB 42-- Municipal Corporate Boundaries; minimum distance requirements .....................................................................................................5
SB 45-- Criminal Procedure; demand for trial; time expiration; appeals ...................................................................................No action in 2004
SB 46-- Peace Officer/Prosecutor Training Fund; accounting of all deposits .............................................................................No action in 2004
SB 48-- Juvenile Proceedings; disposition and evidence against child in civil action ................................................................No action in 2004
SB 49-- Sandy Springs, City of; incorporation and charter ....................7, 11, 180, 184, 185, 320, 324, 363
SB 50-- Health Insurers; Consumer Choice of Benefits Health Plan Act ......................................................................................................7, 12
SB 52-- Children's Internet Protection Act; schools, libraries; policies; funding ....................................................................No action in 2004
SB 54-- Teachers; duties that may not be required .............................No action in 2004
SB 55-- Adoptions and Child-placing Agencies; records access; birth records...........................................................................No action in 2004
SB 56-- Revenue, Department of; administration; duties; official office location........................................................................No action in 2004
SB 57-- Property Tax Sales; change certain provisions......................No action in 2004

1648

INDEX

3555

SB 58-- Ad Valorem Property Taxation; change definitions..............No action in 2004
SB 59-- Motor Vehicle License; fees and classes of agricultural vehicles; definitions...............................................................No action in 2004
SB 60-- Excise Taxes; rental motor vehicles; change definitions ......No action in 2004
SB 61-- Estate Tax; federal filing date; definition..............................No action in 2004
SB 62-- Sales Taxes; applicable to commerce and trade; definitions ..............................................................................No action in 2004
SB 63-- Excise Taxes; hotel-motel tax; change definitions................No action in 2004
SB 64-- Coin Operated Amusement Machines; change definitions ..............................................................................No action in 2004
SB 65-- Cigar/Cigarette Taxes; change tax definitions ......................No action in 2004
SB 66-- Income Taxes; change certain definitions .............................No action in 2004
SB 67-- Motor Fuel Taxes; change certain definitions .......................No action in 2004
SB 68-- Tax Executions; levies upon goods, chattel, lands, tenements of taxpayer............................................................No action in 2004
SB 69-- Intangible Taxes; real estate transfer tax; change certain provisions ..............................................................................No action in 2004
SB 70-- Revenue and Taxation; change certain provisions ................No action in 2004
SB 72-- Ethics; campaign contributions for judicial offices; prohibitions............................................................................No action in 2004
SB 74-- Public Accommodation; prohibit discrimination against motorcyclists..........................................................................No action in 2004
SB 75-- DUI; prohibitions, punishment; revise and harmonize provisions ..............................................................................No action in 2004
SB 76-- State Official Salaries; General Assembly members, Lt. Gov., 10% reduction.............................................................No action in 2004
SB 77-- Prostitution, Pimping or Pandering; keeping a place for; penalties.................................................................................No action in 2004
SB 79-- Public Transportation Funds; allocation among congressional districts ...........................................................No action in 2004
SB 82-- Ethics; disposition of excess campaign contributions ...........No action in 2004
SB 83-- County Law Libraries; board of trustees; DA membership; use of collected funds ......................................No action in 2004
SB 90-- Public Schools; time period for students to express personal religious beliefs.......................................................No action in 2004
SB 91-- Elections; legislative, congressional reapportionment; requirements ..........................................................................No action in 2004
SB 92-- Governor; emergency powers; repeal certain powers relating to firearms ...........................................................................................6
SB 93-- Eastern Cherokee Indian Tribe; revise address .....................No action in 2004
SB 95-- Stopping of Motorist by Law Enforcement; racial profiling restrictions ..............................................................No action in 2004

1649

3556

INDEX

SB 98-- ERS; secretaries of appellate/superior court judges, DAs; service credit ................................................................No action in 2004
SB 99-- Local School Taxation; five mill share funds; calculations ............................................................................No action in 2004
SB 100-- Local School Taxation; five mill share funds; capital expenditures...........................................................................No action in 2004
SB 102-- Indigent Defense Act of 2003; create agency within the judicial branch .......................................................................No action in 2004
SB 103-- Internet and Computer Safety Act; offenses of internet contact with child ..................................................................No action in 2004
SB 106-- Tax Penalties; false claims of independent contractor status ......................................................................................No action in 2004
SB 107-- Sales Tax; dealers' returns; retail sales tax data by location of sale.......................................................................No action in 2004
SB 108-- Ethics; Code of Ethics for Government Service ...................No action in 2004
SB 109-- Ethics Reforms; public officials' conduct and lobbyist disclosure...............................................................................No action in 2004
SB 110-- Public Road Funds; allocation; balance between congressional districts ...........................................................No action in 2004
SB 111-- Death Investigations; persons receiving care in facilities licensed by DHR....................................................................No action in 2004
SB 112-- Georgia Seniors Prescription Drug Benefit Program Act; establish .........................................................................No action in 2004
SB 114-- Law Enforcement Officers or Agents; retirement benefits ..................................................................................No action in 2004
SB 115-- Minority Business Enterprises; certification procedures.......No action in 2004
SB 118-- Natural Gas Used in Poultry Production; rules with respect to charges ..................................................................No action in 2004
SB 120-- License Plates; special; certain military veterans; no charge ....................................................................................No action in 2004
SB 122-- Soil Erosion Control; exemption; public roadway drainage structures......................................................................................7, 12
SB 124-- Child Sexual Exploitation; computer pornography; penalties.................................................................................No action in 2004
SB 125-- Ethics; campaign disclosure; contributions; disclose candidate's name.........................................................................................7, 12
SB 126-- State Employee's Retirement; options, development, implementation ......................................................................No action in 2004
SB 127-- Public Transportation Funds; expenditures; state/federal funds; remove MARTA ....................................No action in 2004
SB 128-- Elections and Run-off Elections; candidates receiving majority of votes....................................................................No action in 2004

1650

INDEX

3557

SB 130-- Educators; salaries; local supplements; minimum salary schedule .................................................................................No action in 2004
SB 131-- Fireworks; sales of sparklers to persons under 16 years; prohibitions.........................................................................................7, 13, 956
SB 133-- Torts; liability, damages, judgements, cap award limits; Civil Justice Reform ..............................................................No action in 2004
SB 135-- Elections; congressional districts; composition and number...................................................................................No action in 2004
SB 137-- State Buildings; roofing materials; energy efficiency standards .............................................................................................8, 13, 483
SB 139-- Public Accommodations; not exclude motorcyclist from access to or admission ...........................................................No action in 2004
SB 140-- Archeologists; certain submerged artifacts; exemption against disturbing...................................................................No action in 2004
SB 141-- Teachers' Retirement; creditable service; prior independent school service....................................................No action in 2004
SB 142-- Fulton County; ad valorem; homestead exemption; senior citizens ........................................................................No action in 2004
SB 143-- School Bus Drivers; annual mandatory training; equipment; safety procedures ................................................No action in 2004
SB 144-- Ethics; campaign contributions; filing reports; State Ethics Commission ................................................................1275, 1311, 1502, 1550
SB 145-- Prescription Drugs by Mail; enrollees in HMO health benefit plans ..........................................................................No action in 2004
SB 147-- Family Violence Shelter Confidentiality Act; disclose location; penalties...................................................................3248, 3252, 3550
SB 148-- Juvenile Proceedings; deprived child; order of disposition; time period .........................................................2870, 3127, 3228, 3257
SB 149-- Life Without Parole; imposed in certain cases under certain circumstances.............................................................No action in 2004
SB 150-- Hotels, Motels; excessive room rates during special sporting events.......................................................................No action in 2004
SB 152-- Employees' Retirement; benefits for certain law enforcement officers..............................................................No action in 2004
SB 153-- Election; qualifying fees; county officials; calculation ..............................3473
SB 154-- Gwinnett County; Sheriff's Office; filling of vacancies...................1534, 3550
SB 157-- Payday Lending; deferred presentment or advance cash services; regulate .................................................................505, 566, 575, 990, 1005,1031, 1036, 1190,1200, 3550

1651

3558

INDEX

SB 159-- Employee's Retirement Options; early retirement incentives...............................................................................No action in 2004
SB 160-- Employment Security Law; unemployment compensation; exclude certain services.................................No action in 2004
SB 161-- Ad Valorem Assessment; taxpayer appeals; refunds; interest amount ......................................................................No action in 2004
SB 162-- Health Care Protection Act; health care licensing violations; penalties ...............................................................No action in 2004
SB 163-- Municipal Courts; collection of delinquent fines, costs; enforcement ...........................................................................No action in 2004
SB 164-- Unemployment Compensation; state-wide reserve ratio; employer rate .........................................................................No action in 2004
SB 165-- Unemployment Compensation Fund; administrative assessment; allocation ................................................................................8, 13
SB 168-- Ethics, State Commission; powers; campaign contribution disclosure ..........................................................No action in 2004
SB 170-- Long-term Care Services; in-home and community based care ..............................................................................No action in 2004
SB 171-- Hospital Care for Nonresident Indigents; reimbursement by counties....................................................No action in 2004
SB 172-- Environmental Policy; regulatory decisions; publication requirements ..........................................................................No action in 2004
SB 174-- Torts; transfer of structured settlement payment rights; notices....................................................................................No action in 2004
SB 175-- Discovery in Felony Cases; oral scientific reports; sentence hearings...................................................................No action in 2004
SB 176-- Septic Tank Waste; disposal sites; handling facilities...........No action in 2004
SB 177-- Public Records; inspection; refusal to provide access; penalty ...................................................................................No action in 2004
SB 179-- Patient Safe Prescription Drug Act; regulate electronically transmitted data................................................2186, 2943, 3550
SB 180-- Water Planning Act of 2003; comprehensive state plan to control pollution ................................................................No action in 2004
SB 181-- Drivers' Licenses and Auto Insurance; forms of ID for noncitizens..................................................................................................8, 13
SB 182-- Nuisance Abatement Liens; tax liens; collection procedures; foreclosures..........................................................312, 3355, 3427, 3550
SB 184-- Arson or Explosives Used During Commission of a Felony; penalties................................................................124, 141, 154, 2891, 2949, 3550
SB 185-- Natural Gas; discontinuing service to persons age 65 or disabled; prohibit ...................................................................No action in 2004

1652

INDEX

3559

SB 186-- Abandoned Child Protection; newborns left at medical facility; revise penalty ...........................................................No action in 2004
SB 188-- Offense of Fleeing a Pursuing Vehicle or Police Officer; punishment...............................................................No action in 2004
SB 189-- Peace Officers' Benefit Fund; membership; county jail officers...................................................................................No action in 2004
SB 191-- Medicaid; claims to recover cost of care from at fault third party ..............................................................................No action in 2004
SB 194-- Education, Local Boards; conflicts of interest; certain employee activities .....................................................................................8, 14
SB 195-- Superior Court Clerks' Cooperative Authority; filing fees; real estate ......................................................................No action in 2004
SB 196-- Fulton County; authorization to operate certain recreational programs; repeal ...........................................................1912, 1924
SB 197-- Fulton County; recreational programs in cities contributing to cost; repeal ....................................................No action in 2004
SB 199-- Child Abuse Records; prohibited disclosure when criminal action is pending .....................................................No action in 2004
SB 203-- Charter Schools Act; virtual charter schools; provide construction ...........................................................................No action in 2004
SB 210-- Home Study Students; public school extracurricular programs ................................................................................No action in 2004
SB 212-- Employee's Retirement; law enforcement personnel; enhanced benefits ..................................................................No action in 2004
SB 216-- Charter Schools; funding; facilities fund; surplus property; bulk purchasing......................................................No action in 2004
SB 217-- Civil Actions; class actions; comprehensive revisions.........No action in 2004
SB 218-- Emergency Management Employees, 911 Dispatchers; indemnification......................................................................No action in 2004
SB 219-- PSC; applications and proceedings; administrative fees .......No action in 2004
SB 220-- Cable Television Systems; customer service requirements; enforcement ....................................................No action in 2004
SB 225-- Civil Practice; Frivolous Litigation Prevention Act...................................8, 14
SB 226-- Teachers' Retirement; creditable service; independent school system service ............................................................No action in 2004
SB 227-- Vehicular Homicide in the Second Degree; change provisions ..............................................................................No action in 2004
SB 230-- Atlanta and Fulton County Recreation Authority; limitation of powers..........................................................................1042, 1045
SB 231-- Fulton County Library System; specify name; membership ............................................................................3158, 3230, 3550
SB 232-- Internet Child Pornography Prevention Act; violations of internet providers ..............................................................No action in 2004

1653

3560

INDEX

SB 234-- Gwinnett Judicial Circuit; new judgeship; term beginning 1/1/04.........................................................................................8, 14
SB 235-- Gwinnett Judicial Circuit; new judgeship; term beginning 7/1/03.........................................................................................8, 15
SB 237-- Insurers; require publication of annual financial statement.....................................................................................................8, 15
SB 238-- Insurance Commissioner; time period to approve rate filings, rating plans ................................................................No action in 2004
SB 239-- Senatorial Districts; apportionment and qualifications; change composition ...............................................................No action in 2004
SB 240-- Abortion; proper identification to physician; minor's parent or guardian........................................................................244, 321, 487, 488
SB 241-- Family and Children Services, Department of; establish .....No action in 2004
SB 242-- Children's Vision Improvement and Learning Readiness Act; kids eye exam ................................................................No action in 2004
SB 243-- Georgia Emergency Operations Plan; unified incident command system/training.......................................................2118, 2952, 3550
SB 248-- Student Achievement, Office of; create; education accountability assessment......................................................No action in 2004
SB 253-- Teachers' Retirement; University System employees; optional plan ......................................................................180, 196, 364, 2536, 3550
SB 259-- DeKalb County; board of registration and elections .................................8, 15
SB 262-- Drivers' Licenses; applications; use of military identification card..................................................................No action in 2004
SB 263-- Vital Records; birth certificate in legitimations, paternity, adoptions ...............................................................1227, 1279, 1315, 1359, 2671, 2956, 3550
SB 266-- College Students; vaccination against meningococcal meningitis ..............................................................................No action in 2004
SB 267-- Eminent Domain; condemnation; electric power plants, power lines.............................................................................No action in 2004
SB 268-- Public School Speech-language Pathologists and Audiologist; salaries ..............................................................No action in 2004
SB 269-- Jail Booking Fees; operates a jail; imposition and collection in traffic court .......................................................No action in 2004
SB 271-- Transportation Department; peace officers as nonuniform investigators.......................................................No action in 2004
SB 273-- Public-Private Infrastructure Act; facilitate development of projects ........................................................No action in 2004

1654

INDEX

3561

SB 274-- Revenue Bonds; issuance of obligations; change certain provisions ..............................................................................No action in 2004
SB 275-- Macon County; board of education; election of members; revise districts .......................................................No action in 2004
SB 276-- Macon County; board of commissioners; election of members; revise districts .......................................................No action in 2004
SB 279-- License Plates; prestige/special; honoring Masons ....................................8, 16
SB 280-- Vehicle Liability Insurance; cancellation by active duty military personnel ..................................................................No action in 2004
SB 281-- Children; prohibit the sale or offer for sale of a child ............2190, 2442, 3550
SB 282-- Health Insurance; state employees no longer covered by federal insurance plan............................................................No action in 2004
SB 283-- License Plates; special; "Share the Road" message...............No action in 2004
SB 284-- Drug Trafficking Prevention Act; prosecute a person for trafficking ..............................................................................No action in 2004
SB 285-- Death Investigations; persons receiving "compensated care"; notification ..................................................................No action in 2004
SB 286-- HOPE Scholarship Tuition Grants; eligible part-time students ..................................................................................No action in 2004
SB 287-- HOPE Scholarship Tuition Grants; change residency requirements ..........................................................................No action in 2004
SB 288-- Jackson County; probate judge, chief magistrate; nonpartisan elections .............................................................No action in 2004
SB 293-- Protection of the Victims of Domestic Violence Act; protective orders duration......................................................No action in 2004
SB 294-- Public School Systems; purchasing contracts and bid price regulations ....................................................................No action in 2004
SB 296-- County Jails; full-time dispatcher as full-time jailer under certain conditions ........................................................No action in 2004
SB 297-- Offense of Fleeing or Attempting to Elude a Police Officer; penalties ...................................................................1073, 1168, 1233, 1234, 3159, 3239, 3550
SB 298-- Divorce; grounds; extend time frame; effect of legal separation on children...........................................................244, 321, 487, 491
SB 299-- Motor Vehicle; certificate of title; fraudulent acts; penalties.................................................................................No action in 2004
SB 300-- Alcoholic Beverages; Sunday package sales.........................No action in 2004
SB 302-- Handicapped Parking; enforcement; change provisions .......1017, 1043, 1171, 1199
SB 303-- Wages Paid by State Contractors or Subcontractors; living wage requirements ......................................................No action in 2004

1655

3562

INDEX

SB 304-- Prescription Drugs; Georgia Rx Plan for Seniors Act...........No action in 2004
SB 305-- Employees' Retirement; creditable service; prior temporary full-time employees..............................................No action in 2004
SB 306-- Courts Technology Advisory Board and Council; provide for ........................................................................................1278, 1311
SB 307-- Transportation Department; employment of investigators...........................................................................No action in 2004
SB 309-- Street Gangs; graffiti; violent acts; weapons possession; prohibitions............................................................................No action in 2004
SB 310-- Graffiti Visible From Adjoining Public or Private Property; nuisance abatement.....................................................................8, 16
SB 311-- Criminal Trespass and Damage to Property; crime of possession of tools.................................................................No action in 2004
SB 312-- Graffiti; criminal damage to property; programs for compensating owners ............................................................No action in 2004
SB 313-- Graffiti; compensation to property owners; use of inmate labor to remove ..........................................................No action in 2004
SB 314-- Patient's Right Under Managed Health Care Plans; define terms ...........................................................................No action in 2004
SB 315-- Medicaid; managed health care; medically necessary health care pilot program.......................................................No action in 2004
SB 316-- Landlord and Tenant; dispossessory proceedings; abandoned tenant property.....................................................No action in 2004
SB 317-- Deer Hunting; closed and open seasons; bag limits and antler restrictions ...................................................................No action in 2004
SB 318-- Assistant District Attorneys; retirement; prior service credit .....................................................................................................481, 513
SB 319-- Administrative Law Judge; contested cases; testimony ........No action in 2004
SB 324-- Property Involved with Illegal Drug Activities; enhanced penalties......................................................................................8, 16
SB 325-- Railroad Companies; shall not operate remote controlled locomotives ..........................................................No action in 2004
SB 326-- Child Custody; right of children; selection of custodial parent; certain ages ................................................................No action in 2004
SB 328-- Deer Hunting; unlawful hunt within certain vicinity of feeds; certain counties ................................................................................8, 17
SB 330-- BROC; members; appointment and time of service...............................6, 1018
SB 333-- Vaccination Program for Emergency Responders Exposed to Infectious Diseases .............................................No action in 2004
SB 334-- Highways; billboards; repeal tree trimming permits; change other provisions ......................................................No action in 2004
SB 335-- Civil Actions; attorney's fees/expenses awarded to prevailing party......................................................................No action in 2004

1656

INDEX

3563

SB 336-- Tort Immunity; federal smallpox vaccination program providers ................................................................................No action in 2004
SB 337-- Civil Actions; habeas corpus procedures; statute of limitations; filing petition ....................................................180, 196, 364, 372, 2118, 2959, 3550
SB 338-- Ethics; distribution of campaign contributions; ordinary, necessary expenses ...............................................No action in 2004
SB 339-- Family Violence Fatalities; provide review panels and local committees ....................................................................No action in 2004
SB 340-- Voting; direct recorded electronic voting systems; paper vote summaries ............................................................No action in 2004
SB 341-- Electrical Sign Contracting; licensure of contractors............No action in 2004
SB 342-- Local Gov. Contracts; bid opportunity advertisements; Georgia Procurement Registry ..............................................No action in 2004
SB 343-- White County Board of Education; reconstitute districts......No action in 2004
SB 344-- State Employees; consumer driven health plan option (CDHP)..................................................................................No action in 2004
SB 347-- Homestead Property; Levy, Sale; reciprocal exemption; judgment debtor/creditor ........................................................3229, 3257, 3550
SB 348-- Tire Scrap Disposal and Storage; county/municipality enforce ordinance ..................................................................No action in 2004
SB 349-- Identity Fraud; law enforcement investigations; consumer victims damages.........................................................................8, 17
SB 350-- Health Care Claims Filed Electronically; expedited processing; timely payment ...................................................1276, 1311, 1502, 1561
SB 351-- Public Records; exempt disclosure of home address, certain telephone numbers.....................................................No action in 2004
SB 352-- Alcoholic Beverages; defective products exchange or return; product samples .........................................................No action in 2004
SB 354-- Teachers; pay level for doctorate degree in any field............No action in 2004
SB 355-- Medical Liability Insurance; Medical Malpractice Market Stability Act ..............................................................No action in 2004
SB 356-- Carbon Sequestration Registry Act; provide information system of registry.................................................................196, 244, 402, 403, 1834, 1887, 3550
SB 357-- Motor Vehicles; used parts dealers' registration; redefine rebuilder ...................................................................2670, 2962, 3550
SB 358-- Medical Malpractice Insurance Premium Reform Act..........No action in 2004
SB 359-- Electric Utilities; eminent domain proceedings; Transmission Facility Siting Act ...........................................No action in 2004

1657

3564

INDEX

SB 361-- Regulatory Reform Act; rule making by Dept. of Community Health ...............................................................180, 196, 364, 374
SB 365-- Local Government; internet request proposal, notice; contract/bid requirements ......................................................No action in 2004
SB 367-- Sewage On-site Management Systems; DHR authorization; state-wide regulations.....................................No action in 2004
SB 369-- Macon County; board of elections and registration; create......................................................................................No action in 2004
SB 370-- Wayne County; probate judge, chief magistrate; time of nonpartisan elections....................................................................2159, 3550
SB 371-- Long County; probate judge; time of nonpartisan elections.................................................................................No action in 2004
SB 375-- Norcross, City of; change corporate limits............................No action in 2004
SB 376-- Health Access Improvement Act; Advanced practice registered nurse; regulations..................................................No action in 2004
SB 378-- Gray, City of; change corporate limits .............................................2541, 2549
SB 379-- Dougherty County; change description of commission districts .............................................................................................2541, 2550
SB 380-- Dougherty County; change description of education districts .............................................................................................2541, 2550
SB 384-- MARTA; board of director member; voting member of regional development center..................................................No action in 2004
SB 385-- Cobb County; Gateway Regional Information Center, Inc. Act ..................................................................................No action in 2004
SB 386-- DeKalb County; school taxes collected by tax commissioner; reimbursement...............................................1042, 1046, 1048, 1478, 1740, 3550
SB 388-- Haralson, City of; provide new charter ............................................2922, 3550
SB 389-- Cook County; board of commissioners; transition terms of office ..............................................................................244, 247, 546, 3550
SB 390-- Airport Operations Board; local government; transfer of authority..........................................................................................................85
SB 391-- Boards of Education; local; unexpired term; special election; fill vacancy.......................................................................................99
SB 392-- Truancy Enforcement Act; school attendance; obtaining/maintaining permit ..................................................547, 1226, 1279, 1315, 1429
SB 393-- Ad Valorem Tax; member of armed forces; time extensions ..............................................................................85, 124, 141, 154, 155, 2187, 2972, 3550

1658

INDEX

3565

SB 394-- American Heritage in Education Act; writings posted in public school building ...........................................................50, 151, 181, 198, 199
SB 395-- Master Settlement Agreement; nonparticipants; release of funds from escrow acct. ....................................................65, 124, 141, 154, 157, 2536, 3550
SB 396-- Ethics; campaign contribution disclosure reports; electronic filing permitted ..............................................................50, 512, 530
SB 398-- Motorized Carts; change definition and provisions .......................................51
SB 399-- Counties/Municipal Corporations; resettlement of refugees; general provision .................................................51, 481, 513, 1171, 1203
SB 400-- Levi's Call; exempt broadcasters from civil liability; conditions and limitation .......................................................51, 125, 141, 154, 160, 2536, 3550
SB 401-- Milk Products; Grade A pasteurized milk ordinance recommendations...................................................................51, 141, 152, 185, 2117, 3550
SB 402-- Eminent Domain; condemnation procedures; inverse proceedings.....................................................................................................52
SB 403-- Georgia Self-Service Storage Facility Act; change certain definitions ..................................................................52, 319, 397, 426, 442, 2670, 2967, 3550
SB 404-- Motor Vehicles; abandoned; liens; specify the conditions ..............................................................................52, 320, 397, 426, 442
SB 405-- Financial Institutions; procedures/regulation ........................53, 151, 181, 198, 201, 1911, 3550
SB 406-- Deer Hunting With Dogs; licenses/permits; nonrenewal; right to a hearing..................................................................100, 152, 181, 199, 210
SB 407-- License Plates; historic preservation; promote/financially provide for Georgia...............................53, 152, 181, 199, 212
SB 408-- Licensed Physicians; volunteering for state, county, etc.; immune from liability ....................................................53, 106, 624, 956, 1001
SB 409-- Bail; no judgement should be rendered in appearance bond ................................................................................................................54
SB 410-- Bonding Companies; credits/vouchers; conditions not warranting forfeiture.......................................................................................54

1659

3566

INDEX

SB 411-- Supersedeas Bonds; provide for other types of security........54, 125, 141, 154, 162, 1832, 3550
SB 412-- Juries; noncapital felony cases; equal number of peremptory strikes ..........................................................................................54
SB 413-- Criminal Defendant Testimony; admit prior convictions alleged in indictment ......................................................................................55
SB 414-- Criminal Trial; prosecuting attorney; conclude argument to jury.........................................................................55, 1227, 1279, 1315, 1362
SB 415-- Tax Executions; transfer; regulation ..............................................................65
SB 416-- Death Investigations; compensated care services; definition; inform coroner ..............................................................................66
SB 417-- Nursing Homes; one nurse in charge of nursing activities; regulate...........................................................................................66
SB 418-- Crime; female genital mutilation; punishment; exceptions ..............................................................................66, 423, 455, 487, 500, 1912, 2438, 2798, 2847, 3158, 3242, 3522
SB 419-- Restitutions; payment of medical cost from convicted persons; hold hearings ...........................................................66, 481, 513, 554, 556
SB 420-- Disabled Adults/Elder Persons; illegal to discriminate complaints of abuse ........................................................................................67
SB 421-- Georgia Municipal Training Act; clarify training of municipal clerks.....................................................................67, 152, 181, 199, 214, 1700, 3550
SB 422-- Assisted Living Facilities; define and provide new category ......................................................................................67, 1017, 1043
SB 423-- Stone Mountain Memorial Association; membership requirements ........................................................................68, 483, 513, 1504, 1610, 2189, 2444, 3249, 3550
SB 424-- Attorney General; prosecution of sentenced persons; general provisions..............................................................68, 997, 1018, 1233, 1254
SB 425-- Public Roads Fund; allocation; change provisions of state/federal funds....................................................................68, 71, 141, 152, 185, 187, 3248, 3466, 3470, 3471

1660

INDEX

3567

SB 426-- Peace Officers; basic training; preservice admittance; requirements; provisions .....................................................100, 152, 181, 199, 218, 2121, 2975, 3550
SB 427-- Criminal Justice Coordinating Council; membership; law enforcement; insurance.................................................100, 152, 181, 199, 219, 2119, 2977, 3550
SB 428-- School Attendance Requirements; driver's license; change penalties...................................................................100, 151, 181, 199, 220, 248, 249, 262, 273, 2374
SB 429-- Student Achievement, Office of; education flexibility/accountability; revisions .....................................101, 151, 181, 199, 221, 248, 273, 310
SB 430-- Deer Hunting; specially adapted firearm for quadriplegic .........................................................................120, 152, 181, 199, 221
SB 431-- Annual Reports, Budgets, Audits; available to General Assembly; notification.........................................................120, 320, 397, 426, 443, 2799, 3109, 3250, 3550
SB 432-- Torts; health care providers in emergency conditions; provide limited liability ................................................................120, 127, 129
SB 433-- Attorney General; use of outside counsel; conditions and limitations ..............................................................................................121
SB 434-- Contract; contingency fee; specific recovery of damages in a civil action ..............................................................121, 128, 129
SB 435-- Class Actions Certification; appellate procedures; provide conditions, limitation...............................................................121, 128
SB 436-- Agricultural Water Conservation Incentive Program; create....................................................................................122, 243, 321, 403, 412, 2190, 2980, 3550
SB 437-- Payroll Deductions; corrections officer; provide for not for profit organization ..................................................................................122
SB 438-- State Transportation Board; voting in caucuses; roll-call or show of hands..................................................................136, 179, 196, 364, 386
SB 439-- Criminal Reproduction; film piracy; immunity for detention due to suspicion .................................................136, 481, 513, 1021, 1025, 2118, 3550

1661

3568

INDEX

SB 440-- Controlled Substances; distribution, sale, purchase, manufacture; penalties..................................................................................136
SB 441-- Superior Court Review Panel; reduce sentence; provide facts of decision...................................................................137, 244, 321, 458, 461
SB 442-- Crimes Against Person; murder offense; imprisonment for life without parole..........................................................137, 244, 321, 458, 463
SB 443-- Gift Card Integrity Act; unfair consumer transactions of gift cards ..................................................................................137, 1275, 1311, 1504
SB 444-- County; joint development authority; tax credit for businesses in those counties ................................................138, 320, 397, 458, 464, 2537, 3550
SB 445-- Local Government Cable Fair Competition Act of 1999; amend ......................................................................................149, 1168, 1228, 1314, 1316, 3321, 3550
SB 446-- Ethics; unlawful to use/accept public funds for lobbying; penalties...............................................................149, 512, 530, 589, 590
SB 447-- Medicaid; prior authorization/restriction on medication; prohibit ...............................................................................173, 975, 998, 1504
SB 448-- State Depository Board; authorized investments; fully negotiable/transferable .................................................................................173
SB 449-- Registered Public Accountants; certification as CPA; repeal certain provisions....................................................173, 319, 397, 1021, 1028, 2119, 2476, 2696, 2699, 2747, 3432, 3450, 3451, 3550
SB 450-- Public Roads; classification; change provisions of definitions .....................................................................................................174
SB 451-- Public Records; disclosure; exempt authority .........................174, 1226, 1279, 1504, 1611
SB 452-- Amirah Joyce Adem Act; offense of female mutilation; penalty ..........................................................................................................174
SB 453-- Ad Valorem Tax; freeport personal property inventory exemption; renewal notices .....................................................174, 1166, 1228, 1314, 1321, 2188, 2982, 3550
SB 454-- Ad Valorem Tax; personal property tax exemption; increase amount; referendum .......................................................................175

1662

INDEX

3569

SB 455-- Licensed Physician; not require malpractice insurance; prevent penalty .............................................................................................175
SB 456-- School Readiness, Office; change name to Bright from the Start; revise reference ....................................................175, 395, 423, 458, 459, 2119, 2985, 3550
SB 457-- Sexual Assault Victims; improved assistance; sexual abuse protocol committee....................................................176, 396, 423, 532, 540, 1833, 3550
SB 458-- Physician Assistants; change job descriptions, licensure, definition; revisions .................................................................176, 1167, 1228, 1288
SB 459-- Metropolitan North Georgia Water Planning District; meetings, dues payable ........................................................194, 481, 513, 589, 2537, 3550
SB 460-- Soil Erosion and Sedimentation; 25 foot buffers along state waters; change provisions. ..............................................194, 1073, 1168, 1315, 1347, 3474, 3525, 3550
SB 461-- Motor Vehicles; certificate of registration/title; change certain provisions.................................................................236, 396, 423, 458, 465, 2798, 3025, 3550
SB 462-- Cullum's Law; certain vehicles/highways; provide maximum speed limit ...................................................................................236
SB 463-- License Plates; special; Omega Psi Phi Fraternity; provide conditions ........................................................................................237
SB 464-- Fair Business Practice Act; Consumer Advisory Board; complaint processing ....................................................................................237
SB 465-- Chatham County; board of commissioners; change description of districts .......................................................237, 606, 609, 2546, 2750, 3550
SB 466-- Laci and Connor's Law; unborn child developed; feticide; remove requirement........................................................................238
SB 467-- Cruelty to Children; redefine; criminal negligence, serious injury; penalties .......................................................238, 455, 483, 522, 1700, 3550
SB 468-- Nonresident Indigents; funding for reimbursing hospitals; provide sources.........................................................238, 1276, 1311
SB 469-- Child Molestation; monitoring of defendant; add. Punishment for offense........................................................238, 396, 423, 532, 541, 2189, 2891, 3550

1663

3570

INDEX

SB 470-- License Plates for motorcycles; provide for veterans awarded Purple Heart ..........................................................239, 396, 423, 459, 469
SB 471-- HOPE Scholarships; method of eligibility; adopt reporting system; definitions ...................................................239, 1226, 1279, 1315, 1440
SB 472-- National Certified School Counselors; qualified; salary increases .......................................................................................................313
SB 473-- State Agencies; contract for services; prohibit outside of US; penalties.................................................................................................313
SB 474-- Crimes Against Person; redefine feticide; punishment for offense.....................................................................................................313
SB 475-- HOPE Scholarships; maximum combined federal gross income; change amount ................................................................................314
SB 476-- Student Code of Conduct; bullying behavior; incidents reported to Education Dept...........................................................................314
SB 477-- Glynn County; education; general homestead exemption ................................................................................314, 1912, 1925, 2543, 3550
SB 478-- Marriage; application of license; State Office of Vital Records; revisions .............................................................315, 975, 998, 1020, 1022, 3250, 3268, 3550
SB 479-- License Plates; special; Global War on Terrorism veterans; conditions .............................................................315, 481, 513, 554, 561
SB 480-- Forest Heritage Trust Act; advisory role for State Forestry Commission; enact ................................................315, 481, 513, 553, 554, 1833, 3550
SB 481-- Rules of the Road; Parking Law for Persons with Disabilities; redefine terms..................................................316, 481, 513, 554, 560
SB 482-- DNA; applicability of testing procedures; change provisions ............................................................................316, 482, 513, 533, 542, 1833, 3550
SB 483-- Soil Erosion and Sedimentation; buffers along banks of all state waters; rules ....................................................................................391
SB 484-- Witnesses; criminal defendants; evidence of character; method of impeachment ......................................................391, 481, 513, 554, 560
SB 485-- Georgia Medical Center Authority; establishment; administrative assignment ...................................................391, 480, 513, 554, 565, 2910, 3550

1664

INDEX

3571

SB 486-- State Personnel Board; special pay plan for deferred payment; define terms .......................................................392, 480, 513, 1021, 1027, 2188, 3030, 3550
SB 487-- Home Arrest Program; authorize add. types of supervision; change qualifications ..........................................392, 1277, 1311, 1503, 1575
SB 488-- Georgia Securities Act of 1973; stronger investor protections; civil penalties............................................................392, 623, 956
SB 489-- Rules of the Road; buses/motorcoaches; HOV lanes; exception..............................................................................419, 481, 513, 554, 559, 2120, 3032, 3550
SB 490-- Counties/Municipalities; service delivery strategies; reviews; definitions ...................................................................393, 997, 1018, 1052, 1057
SB 491-- Tax Penalties; false claims of independent contractor status; violations ......................................................................393, 1042, 1073, 1170, 1172, 2537, 3550
SB 492-- Bingo; licensed operator; may assist in operation of games in licensed auxiliary................................................420, 956, 977, 1171, 1207, 2910, 3550
SB 493-- Liberty County Hospital Authority; vacancies; manner of nomination/appointment ...............................................420, 956, 958, 1064, 3550
SB 494-- Attorney General; actions against state; Governor power to appoint legal counsel .....................................................420, 482, 513
SB 495-- Georgia Minimum Wage Law; preempt certain wages/benefit; define terms.....................................................420, 1167, 1228, 1315, 1355
SB 496-- Adjutant General; appoint officers as deputy assistant adjutants general..................................................................421, 483, 513, 554, 564, 1834, 1867, 2373, 2438, 2798, 2881, 3036, 3550
SB 497-- Cities of 300,000 or More; repeal recreating state courts of limit jurisdiction ............................................................421, 585, 606, 1171, 1204, 3324, 3325, 3550

1665

3572

INDEX

SB 498-- Atlanta, City of; jurisdiction of municipal court; City Court of Atlanta.......................................................................421, 1042, 1046, 1047, 1050, 1836, 3550
SB 499-- Catoosa County; board of education; election of members .......................................................................................422, 512, 516
SB 500-- Electronic Voting System; permanent paper record; recounts/election proceedings .................................................450, 1278, 1311, 1503, 1576, 1583
SB 501-- State Depository Board; authorized investments; change certain provisions.......................................................................450, 996, 1018, 1052, 1058, 1700, 3550
SB 502-- Controlled Substances; regulate opioid treatment; dangerous drug; change provisions. ....................................450, 550, 585, 611, 2785, 3039, 3550
SB 503-- Community Health, Department; create Office of Minority Health; advisory council................................................................450
SB 504-- Insurance Commissioner; authorized representatives; immunities from liabilities ................................................451, 976, 998, 1021, 1030
SB 505-- Community Greenspace Preservation; definitions; include land use as cemetery ...................................................476, 1277, 1311, 1504
SB 506-- Rules of the Road; motor vehicles; use/installation of tv receivers; prohibit................................................................476, 624, 956, 981, 982
SB 507-- Georgia Smokefree Air Act; prohibit smoking in certain facilities/areas; penalties....................................................476, 624, 956, 1021, 1171, 1174, 1189
SB 508-- Forensic Sciences, Division; state crime lab; designate reports as prima-facie .................................................................477, 997, 1018
SB 509-- Jefferson County; incorporate town of Wrens; establish compensation of members .......................................................477, 1912, 1925, 2543, 3550
SB 510-- Community Affairs, Department; Section 8 housing fraud; provide investigative powers ..................................506, 976, 998, 1020, 1023
SB 511-- Nuisances; agricultural facilities/ operations; change provisions of treatment ......................................................506, 955, 977, 1051, 1055, 3250, 3277, 3550

1666

INDEX

3573

SB 512-- Alternate Indigent Delivery Systems; requirements; change provisions ....................................................................507, 1073, 1168, 1233, 1235
SB 513-- Contact Lenses; sold/dispensed by licensed providers; revisions; violations.............................................................507, 624, 956, 981, 984, 3322, 3550
SB 514-- General Obligation Bonds; authorize issuance bearing interest at variable rate.............................................................507, 1072, 1168, 1233, 1236, 2879, 2930, 3187, 3252, 3427, 3455, 3474, 3550
SB 515-- Bonds; issuance of cap; definitions; Ga. State Finance/Investment Commission ............................................508, 1072, 1168, 1233, 1244
SB 516-- Georgia Community Streetcar Development/ Revitalization; streetcar transportation....................................508, 1279, 1311, 1504, 1600
SB 517-- Ethics in Government; comprehensive revisions of provisions ............................................................................508, 584, 606, 960, 964, 1226, 1315, 1376, 1428
SB 518-- Georgia Civil Practice Act; offer of judgment; methods of service; time limitations ...........................................................................509
SB 519-- Building Permit; counties/municipal corporations; notice of contemplated use .......................................................509, 1277, 1311
SB 520-- HOPE Scholarships; Georgia Student Finance Commission; reporting system; definitions ..................................................509
SB 521-- House Districts; composition; qualifications; election; reapportionment............................................................................................510
SB 522-- Senatorial Districts; composition; qualifications; election; reapportionment............................................................510, 585, 606, 629, 951
SB 523-- Patriot Jury Act; guidelines for exemptions of jury duty; postponements ..............................................................................................528
SB 524-- State Permit; bond prerequisite for filing certain appeals; requirement................................................................528, 1277, 1311, 1502, 1522
SB 525-- Motor Vehicles; removal of vehicles in traffic accidents from all public roads................................................................528, 1017, 1043, 1171, 1201, 2910, 3550

1667

3574

INDEX

SB 526-- Cosmetologist, Master; authorize to train more than one apprentice .....................................................................................................529
SB 527-- State-wide Reserve Ratio; employer contribution; extend suspension of surcharge ....................................................................529
SB 528-- Firearm Dealers; transfer of authority; criminal background check; definitions.................................................580, 1167, 1228, 1288, 1293
SB 529-- State-wide Reserve Ratio; employer contribution; extend suspension of surcharge ...........................................581, 588, 976, 998, 1020, 1021
SB 530-- Water Pollution Control Projects; grants; nonpoint source water pollution .............................................................581, 1073, 1168, 1316
SB 531-- Industry, Trade, and Tourism, Department; acquire personal property; general provisions................................581, 956, 977, 1021, 1029, 2120, 3044, 3550
SB 532-- Business Corporations; electronic transmissions, definitions; updating provision................................................601, 1017, 1043, 1170, 1171
SB 533-- Voter Choice/Election Access Reform Act; political bodies nominate candidates..........................................................................602
SB 534-- Poll Officers; residents of the county/municipality served; remove requirements........................................................................602
SB 535-- State Commission on Family Violence; extend the date to cease to exist........................................................................602, 1041, 1073, 1170, 1173, 2118, 3550
SB 536-- Air Pollution Control/Prevention; local boards of education; rules and regulations. ..................................................................603
SB 537-- Sexual Offender Registry; higher learning institution; interactive data base .....................................................................................603
SB 538-- Campus Sexual Assault Information Act; establish written policy; enact .....................................................................................603
SB 539-- Prescription Drugs; medicaid patients; prior authorization; prohibit requirement..............................................................604
SB 540-- Common-Sense Consumption Act; provide limited liability for claims of obesity........................................................................604
SB 541-- Voters; application for fishing, hunting serve as registration; procedures .....................................................618, 976, 998, 1020, 1024, 1277, 1501, 1505, 3171, 3259, 3550

1668

INDEX

3575

SB 542-- License Plates, special; promote organ/tissue donation organizations............................................................................618, 1017, 1043, 1233, 1252
SB 543-- State Board of Pharmacy; prescription drugs by mail; delete certain provisions ...............................................................................619
SB 544-- Mail-order Pharmaceutical Distributors; HMO use licensed Georgia pharmacy ..........................................................................619
SB 545-- Powder Springs, City; Redevelopment Powers Law; provide referendum ..................................................................619, 2541, 2550
SB 546-- Child Welfare Agencies; child care products; recall notices; provide information....................................................619, 1226, 1279, 1504, 1614
SB 547-- Dade County; board of education; revise districts for election of members ..........................................................620, 977, 979, 2543, 3550
SB 548-- Bethlehem; Municipal Court of the Town of Bethlehem; provide judges ......................................................620, 1042, 1047, 1535, 3550
SB 549-- Dade County; board of commissioners; revise districts for election of members.............................................................953, 997, 1000, 1158, 3550
SB 550-- Building Codes; change state minimum codes; delete obsolete provisions; redefine...................................................953, 1168, 1228, 1316, 1502, 1566, 2538, 3550
SB 551-- Georgia Massage Therapy Practice Act; add new chapter; regulation, licensure...................................................953, 1017, 1043, 1234, 1256
SB 552-- Elections; nominees of political parties may not change party affiliation .............................................................................................954
SB 553-- Public Roads; limitations on power to contract; designbuild; provide exception ............................................................954, 998, 1018, 1052, 1059, 3428, 3429, 3550
SB 554-- "Spread the Word Program Act"; provide for children/schools that need add. books .....................................969, 1166, 1228, 1288, 1294
SB 555-- Nonprofit Corporations; provide notice by electronic transmission; definitions..........................................................970, 1017, 1043, 1076, 1078, 2120, 3048, 3093, 3550
SB 556-- Ad Valorem Taxation; exempt biotechnology property; provide referendum ......................................................................................970

1669

3576

INDEX

SB 557-- Sales Tax; exempt biotechnology research, development; conditions/limitations ............................................................970
SB 558-- Income Tax; qualified biotech. businesses; transfer of credit; conditions ..........................................................................................971
SB 559-- Income Tax; job tax credit; qualified biotech. businesses; definitions ..................................................................................971
SB 560-- Dispossesory Proceedings; service member rights; lease termination; definitions ...........................................................990, 1168, 1228, 1315, 1323
SB 561-- Electronic Records/Signatures; warranty deed; provide acceptance of signature ...........................................................991, 1018, 1043, 1076, 1316, 1503, 1597
SB 562-- Fire/Hazards to Persons; carbon monoxide detector; standards; enforcement.............................................................991, 1277, 1311
SB 563-- Building Construction; alternative dispute mechanism; definitions; written claim.........................................................991, 1277, 1311, 1502, 1509, 2890, 3134, 3550
SB 564-- Drivers' Licenses; not same as social security/ identification card....................................................................992, 1167, 1228, 1288, 1295
SB 565-- Victim Assistance Programs; local; county commission; fines; penalty ................................................................................................992
SB 566-- Victim Assistance Programs; local; fines; increase percentage of penalty....................................................................................992
SB 567-- Drug-Free Commercial Zones; counties, municipalities; Community Affairs Department............................................1011, 1278, 1311, 1504
SB 568-- Sewage Holding Tanks; removal, transport; regulation; definitions; penalties..............................................................1011, 1277, 1311, 1502, 1526, 2538, 3550
SB 569-- Cultural Resources; submerged; permit, authorization to contract; provisions ....................................................................................1011
SB 570-- Southeastern Cherokee Council; recognize as American Indian Tribes..............................................................................1012
SB 571-- Soil Erosion/Sedimentation; 25 foot buffers along state waters; change provisions.......................................................1012, 1277, 1311
SB 572-- Animals; equines; inspection warrants, impoundment; change certain provisions ...........................................................................1012
SB 573-- Local School Tax; five mill share; ad valorem taxes for school purposes ..........................................................................................1012

1670

INDEX

3577

SB 574-- Health Planning; nonclinical health services; exempt certain facilities ..........................................................................................1013
SB 575-- Ad Valorem Taxation; homestead exemption applications; change certain provisions......................................................1036
SB 576-- Torts; joint tort-feasors; standards in expert testimony; change provisions .......................................................................................1037
SB 577-- Contractors; electrical, plumbing, conditioned air; licensure; new provisions ...........................................................................1037
SB 578-- Charter School Act of 1998; petition; submission to state board of education..............................................................................1037
SB 579-- Distance Learning School; special K-12; authorize creation; funding; contracts ...................................................1037, 1226, 1279, 1315, 1433
SB 580-- Cobb County; clerk of probate court; change the compensation.........................................................................1064, 1913, 1925, 2544, 3550
SB 581-- State Government; eligibility of services based on citizenship; provide evidence .....................................................................1065
SB 582-- Head Injured/Spinal Cord Disabled Persons; reporting procedures; provisions...........................................................1065, 1276, 1311, 1503, 1598, 2910, 3550
SB 583-- Douglas County State Court; filed civil action; provide additional fee .........................................................................1065, 1913, 1926, 3323, 3550
SB 584-- State Employees Salaries; federated charitable organizations; welfare services .............................................1065, 1276, 1311, 1503, 1584, 2766, 3095, 3550
SB 585-- Railroads; maintenance of grade crossings; provisions..............................1066
SB 586-- Emergency Room Protection Act; recovery for medical malpractice .................................................................................................1066
SB 587-- Madison County; 2002 Amendatory Act; revise the numbering of education Districts ..........................................1066, 1913, 1926, 3323, 3550
SB 588-- Public Monuments; protection of privately owned honoring military; penalties...................................................1067, 1227, 1279, 1315, 1502, 1568, 3322, 3550
SB 589-- Carroll County Board of Elections; change composition/method of selection...........................................1067, 2153, 2160, 2172, 2176, 2922, 3550

1671

3578

INDEX

SB 590-- Soil Erosion/Sedimentation; land-disturbing activities; stream buffers .............................................................................................1067
SB 591-- Georgia Housing/Finance Authority; expend funds for advisory, technical ......................................................................................1067
SB 592-- Service Delivery; exemptions from the definition of local government ........................................................................................1068
SB 593-- Mandatory Professional Malpractice Mediation Act; guidelines, offer of judgment .....................................................................1159
SB 594-- Superior Court Judges; judicial circuits; initial appointment, election, term ...................................................1160, 1227, 1279, 1315, 1364
SB 595-- Health Records; care provider, facility; electronic format; conditions/rights .......................................................1160, 1276, 1311, 1503, 1586
SB 596-- Secure/Verifiable Identity Document Act; provide governmental services/functions ............................................1160, 1278, 1311
SB 597-- Toll Road; exempt motorcycle operators charged on any toll road ................................................................................................1160
SB 598-- Students Committing Prohibited Acts; parents notified by school principal.................................................................1161, 1275, 1311, 1504
SB 599-- Public Works; prohibit state from requiring contractor to labor agreement .................................................................1161, 1278, 1311, 1503, 1589
SB 600-- Kemp, DeLoach, Williams School Tax Relief Act; Liberty County; educational purposes ...................................1214, 1913, 1927, 2544, 3550
SB 601-- Kemp, DeLoach, Williams County Tax Relief Act; Liberty county; homestead exempt........................................1214, 1913, 1927, 2544, 3550
SB 602-- Madison; drug-free commercial zones; adopt on February 9, 2004.........................................................................................1214
SB 603-- Traffic; speed-monitoring systems; measure speed/produce photograph; penalty.......................................1215, 1277, 1311, 1503, 1590, 3248, 3267, 3550
SB 604-- Emergency Medical Technicians; indemnification; noncompulsory insurance ......................................................1215, 1276, 1311, 1503, 1591, 2538, 3550
SB 605-- Local Government; incorporation of villages; definitions; procedures ...............................................................................1215

1672

INDEX

3579

SB 606-- Prepaid Adult Cards; prohibit sale, distribution to minors; penalties.........................................................................................1216
SB 607-- Tort Action; public safety employees; provide definitions ...................................................................................................1216
SB 608-- HMO; provide use of national standards for quality certification............................................................................1216, 1276, 1311, 1503, 1595, 2539, 3550
SB 609-- Motor Vehicles; operate in left lane of public road/highway with four lanes ................................................1217, 1277, 1311, 1504
SB 610-- Fulton County; provide homestead exemption for county purposes .....................................................................1217, 1913, 1927, 1986, 1989, 2545, 3550
SB 611-- Fulton County School District; provide homestead exemption ...................................................................................................1217
SB 612-- Atlanta, City; independent school district; taxes for educational purposes .................................................................................1217
SB 613-- Atlanta, City; homestead exemption; ad valorem taxes for municipal purposes ...........................................................1218, 2541, 2557
SB 614-- Flint River Drought Protection Act; water withdraw permits; prohibit moratorium..................................................1218, 1277, 1311
SB 615-- Forest Park, City; homestead exemption for municipal purposes.................................................................................1218, 1278, 1284, 2018, 3550
SB 616-- Nursing Homes; influenza virus vaccine; Medicaid eligible patients; regulations.......................................................................1265
SB 617-- Augusta Canal Authority; change definition .........................1265, 1913, 1928, 2922, 3550
SB 618-- Gift Card Integrity Act; impose fee; definitions.........................................1265
SB 619-- East Point Charter Commission; create ......................................................1266
SB 620-- Aggravated Child Molestation; court discretion of convicted persons; punishment...................................................................1266
SB 621-- Drivers' Licenses; Class D/ instruction permits; use of cellphones; prohibit ....................................................................................1266
SB 622-- Education; provide state-wide uniform violent incident reporting system .........................................................................................1267
SB 623-- Uniform Rules of Road; video screens visible to motor vehicle operator; prohibit ...........................................................................1267
SB 624-- Industry, Trade and Tourism, Department; improve promotion of marine research.....................................................................1267

1673

3580

INDEX

SB 625-- Heard County Public Facilities Authority Act; revenue

bonds; issuance; condition.....................................................1304, 1913, 1928,

2545, 3550

SB 626-- Soperton, City; annex certain parcels of land; council

districts; inclusions ................................................................1479, 1913, 1928,

SB 627-- Labor/Industrial Relations; employee's payment of

2545, 3550

wages; discharge/resignation......................................................................1479 SB 628-- Madison County; 2002 Amendatory Act; provide
manner/time of board election................................................1645, 2542, 2551 SB 629-- DeKalb County Court Technology Fund; create ........................................1646

SB 630-- DeKalb County; sheriff's compensation.....................................................1836

SB 631-- Carrollton; levy of school tax; city's independent

school; provide referendum...................................................1837, 2153, 2161,

2923, 3550

SB 632-- DeKalb County; homestead exemption percentages;

county school district purposes...................................................................1837

SB 633-- Terrell County; ad valorem taxes for educational

purposes; homestead exemption.................................................................1837

SB 634-- Walker County; chief magistrate, probate court judge;

nonpartisan elections ..............................................................1838, 2153, 2161

1674

INDEX SENATE RESOLUTIONS

3581

SR 1-- Use of Public Money for Public Health/social Services by Religious or Sectarian Organizations ...............................No action in 2004
SR 12-- Taxation; legislation for any state tax; approval by General Assembly.......................................................................................8, 17
SR 22-- Toxic Mold Study Committee; creating .....................................................8, 18
SR 23-- Designate; Dean Bryant Intersection; Lumpkin County .......No action in 2004
SR 36-- Statewide Homestead Exemption Grants; mandated appropriation..........................................................................No action in 2004
SR 38-- Designate; Earl Paulk Parkway; DeKalb County .......................................9, 18
SR 55-- Prescription Drugs for Seniors, Joint Study Committee; create......................................................................................No action in 2004
SR 60-- Designate; William Ira (W.I.) Still, Jr. Highway; Gwinnett County....................................................................No action in 2004
SR 66-- Designate; William S. Hutchings Bridge; Bibb County...........518, 2766, 3550
SR 107-- State Retirement Plan Options; Joint Study Committee; create......................................................................................No action in 2004
SR 108-- House of Representatives; reapportionment; election from single-member districts...................................................996, 1018, 1052, 1057
SR 122-- Senate Rules; amend; Committee on Ethics, new name, powers, duties .............................................................................................1042
SR 159-- Sales Tax on Motor Fuel; proceeds for local assistance road programs ........................................................................No action in 2004
SR 160-- Taxpayers' Dividend Act; restrict amendments that increase appropriations...............................................................................9, 18
SR 163-- Limitation on State Taxation, Spending, And New or Expanded Activities; revenue limits; excess revenues; emergencies ...........................................................................No action in 2004
SR 184-- Designate; Burke (County) Veterans Parkway to honor military veterans ...............................................................................2911, 3550
SR 212-- Indemnification of Emergency Personnel, Joint Study Committee; create..................................................................No action in 2004
SR 213-- Emergency Management Employees and 911 Operators and Dispatchers; indemnification .........................................No action in 2004
SR 224-- Property Conveyances; authorizing in 8 counties; Baldwin, Bartow, Chatham, Decatur, DeKalb, Fulton, Wayne and White ..................................................................No action in 2004
SR 226-- Congressional Delegation; urge pass President Bush's 2003 Economic Growth/Tax Relief Plan .............................No action in 2004

1675

3582

INDEX

SR 227-- Tobacco Master Settlement Agreement; state's payment rights; request for proposals ..................................................No action in 2004
SR 228-- Federal Food Stamp Program for Low-income Georgians; urge DHR adopt options to provide access..............................9, 18
SR 232-- Missile Defense System; declare support..............................No action in 2004
SR 240-- Savannah River; urge bilateral port commission; GA/SC interstate compact .....................................................No action in 2004
SR 262-- Special License Plates Promoting Charitable Organizations, Foundations...................................................No action in 2004
SR 271-- Savannah River; Joint Port Authority Study Committee; proposed operation on both north and south sides of river........................................................................................No action in 2004
SR 277-- Probate Court Judges; nonpartisan election ...............................................9, 18
SR 293-- Designate; Billy Jiles Memorial Highway; Carroll County ..................................................................................320, 397, 426, 445
SR 299-- Designate; Michael B. Mundy Memorial Bridge; Pickens County.....................................................................320, 397, 426, 445
SR 301-- Designate; John D. Smith Highway; Paulding County ........320, 397, 426, 446
SR 303-- Winecoff Hotel, Joint Study Committee on the Rehabilitation of; create .............................................................................9, 19
SR 308-- Electric Transmission Lines, Joint Study Committee on Location of; create.................................................................No action in 2004
SR 311-- Ad Valorem Taxes; freeze existing residential property values until sold; appraise at fair market value .....................No action in 2004
SR 321-- Preservation of Evidence from Criminal Cases, Senate Study Committee, creating ....................................................1227, 1279, 1316, 1503, 1599
SR 323-- Sandy Springs Study Commission; creating..........................No action in 2004
SR 325-- Science, Arts, and Cultural Services, Funding of; Study Committee; create..................................................................No action in 2004
SR 413-- Augusta National Golf Club; membership; expressing opposition to gender discrimination ......................................No action in 2004
SR 416-- Hospital Indigent Care Funding Study Committee; create...........................................................................................................9, 19
SR 422-- Georgia's Transportation Needs, Study Committee; create......................................................................................No action in 2004
SR 442-- Watershed Dams; committee to study safety issues ..............1227, 1279, 1315, 1502, 1569
SR 445-- Property and Casualty Insurance Rates, Filing and Approval Process; Committee to Study.................................No action in 2004
SR 447-- Teleworking Study Commission; create................................No action in 2004

1676

INDEX

3583

SR 461-- Senate Medicaid Study Committee; create............................1227, 1279, 1315, 1502, 1570
SR 525-- Laughlin, Melinda; commend ....................................................................1281
SR 560-- Public Funding of Social Services; allow religious or sectarian organizations. ..................................................................2, 59, 70, 88
SR 561-- Zell Bryan Miller Tribute Commission; create .....................55, 125, 141, 154, 166
SR 562-- Ward, Dr. and Mrs. Charles M.; commend ..........................................61, 1281
SR 563-- Game and Fish; subject to reasonable restrictions; rights .......55, 86, 104, 129, 130, 3473
SR 565-- Senate Convened; notify House of Representatives.........................................5
SR 566-- General Assembly Convened; notify Governor .........................................5, 49
SR 567-- Joint Session; Governor's Message; inviting Justices of Supreme/Court of Appeals .............................................................5, 48, 71, 72
SR 568-- Lynn, Matthew William; Eagle Scout; recognize ..........................................61
SR 569-- Designate; Alan Jackson Highway; Coweta County.............56, 244, 321, 403, 414
SR 570-- Ashworth, Lettie " Boots"; commend.............................................................61
SR 571-- Lamar Advertising; commend ........................................................................61
SR 572-- Holland, Christopher J.; U.S. Army Specialist; honoring ..............................61
SR 573-- Bentley, James L. Jr.; condolences.................................................................61
SR 574-- Clear Act; urging Congress to pass; President of USA to sign .........................................................................................69, 1017, 1043
SR 575-- Transportation, Department; HOT lanes; request to study feasible implementation ...............................................69, 141, 152, 185, 188
SR 576-- Reynolds, Steve; commend ............................................................................71
SR 577-- Georgia Department of Corrections; recognize..............................................71
SR 578-- Georgia Schools; promote health education/physical activity ...................................................................................69, 584, 606, 960, 962
SR 579-- Joint Water Conservation Study Committee; create..................69, 1277, 1311, 1502, 1535
SR 580-- Sales Tax; educational purposes; change certain imposition requirements ........................................................86, 151, 181, 199, 222, 2189, 3093
SR 581-- Ad Valorem Tax Millage Rate/property Value; limitations on increases ..................................................................................86
SR 582-- Northview High School Titans Golf Team; commend...........................87, 106 SR 583-- Dooley, Vincent 'Vince' J.; honoring......................................................88, 248

1677

3584

INDEX

SR 584-- Evans, Damon; University of Georgia Athletic Director; recognize.........................................................................................................88
SR 585-- Davis, General Raymond G.; condolences...................................................106 SR 586-- Parker, Leesa; commend ..............................................................................106 SR 587-- Hasty, Honorable William G. 'Bill' Sr.; condolences ...................................106 SR 588-- Designate; George H.W. Bush Presidential Parkway;
Henry County.......................................................................101, 107, 141, 152, 185, 189
SR 589-- State Properties Commission; convey real estate in Butts County; authorize ...........................................................101, 1278, 1311, 1502, 1519, 2539, 3550
SR 590-- Old Bark Camp Baptist Church; commend..................................................106 SR 591-- Bank of America/Neighborhood Assistance
Corporation of America (NACA); commend...............................................106 SR 592-- Twiggs, Rep. Ralph; honoring......................................................................126 SR 593-- Arrendale, Thomas Augustus, Jr.; honoring.................................................126 SR 594-- Holsworth, Elliott E.; commend ...................................................................126 SR 595-- Marriage; no union between same sex is recognized by
the state................................................................................122, 482, 513, 532, 533, 2539, 3550
SR 596-- Designate; Rosa Proctor Bridge; Baldwin County..................123, 1279, 1311, 1504, 2622, 2742
SR 597-- Hawkinsville High School Red Devils Football Team; commend ......................................................................................................126
SR 598-- Barrow, Dr. Joseph C., Jr.; commend...........................................................126 SR 599-- 4-H Day; Randall, Nekeisha; Ryles, Dr. Roger;
Buchanan, Dr. Gale A; recognize.........................................................142, 514 SR 600-- Randall, Nekeisha; commend .......................................................................143 SR 601-- Wemberly, Seth; commend ..........................................................................143 SR 602-- Meeks, Clayton; commend ...........................................................................143 SR 603-- Williams, Chastity; commend ......................................................................143 SR 604-- Greer, Richard; commend ............................................................................143 SR 605-- Poole, Tyler; commend.................................................................................143 SR 606-- Daniel, Anna; recognize ...............................................................................143 SR 607-- Lewis, Bessy; commend ...............................................................................143 SR 608-- Lee, Melissa; commend................................................................................143 SR 609-- Justice, Ashley; commend ............................................................................144 SR 610-- Knight, Jenna; commend ..............................................................................144 SR 611-- Williams, Matthew; commend .....................................................................144 SR 612-- Tankersley, Daniel; commend ......................................................................144

1678

INDEX

3585

SR 613-- Barber, Jonathan; commend .........................................................................144 SR 614-- Chestnut, Ashley; commend.........................................................................144 SR 615-- Khlifi, Khalil; commend...............................................................................144 SR 616-- Smith, Natalie; commend .............................................................................144 SR 617-- McCoy, Hannah; commend..........................................................................145 SR 618-- Lewis, Loni; commend .................................................................................145 SR 619-- Stevens, Mr. Don; honoring .........................................................................126 SR 620-- Anderson, James O. 'Jim'; commend ............................................................127 SR 621-- Graham, Mr. Sean; commend.......................................................................127 SR 622-- McCachren, Megan; commend ............................................................145, 182 SR 623-- Howell, Hilton H. Jr.; commend ..................................................................145 SR 624-- EdGeorgia, LLC; urge Governor to establish
educational loan............................................................................................138 SR 625-- New Georgia Encyclopedia; acknowledge and express
appreciation ..........................................................................................145, 484 SR 626-- Designate; George W. Potts Highway; Coweta County......138, 244, 321, 403,
415 SR 627-- Camden County High School Football Team; commend.............................145 SR 628-- Yokneam and Megiddo Community Leaders; recognize .....................140, 145 SR 629-- Wetekam, Major General Donald J.; honoring ....................................145, 522 SR 630-- Holloway, Jamey Officer; Peace Officer of the Year for
Valor; commend ...................................................................................145, 626 SR 631-- Elrod, Corporal Stanley; Peace Officer of the Year for
Meritorious; commend .........................................................................146, 626 SR 632-- Designate; May as Scots-Irish Month; Lord Laird of
Artigarvan..................................................................................138, 146, 1227, 1279, 1504, 1605
SR 633-- Georgia Farm Bureau Federation; commend .......................................146, 197 SR 634-- Gambill, Dr. Bill; congratulate.....................................................................146 SR 635-- Sherrod, Dr. Billie J.; honoring ....................................................................146 SR 636-- Swainsboro, City of; City of Excellence; commend ....................................146 SR 637-- Georgia National Fair; Agricultural Awards of
Excellence; congratulate...............................................................................153 SR 638-- LaGrange High School Grangers Football Team; honor .....................182, 184 SR 639-- Works Wonders Day ....................................................................................182 SR 640-- Firefighters Recognition Day ...............................................................182, 245 SR 641-- Mullin, Leo F.; honoring ..............................................................................183 SR 642-- Durkee, Wentworth Xavier (Pat); congratulate............................................183 SR 643-- Holloway, Amy; commend...................................................................183, 440 SR 644-- Clayton County Beautiful; recognize ...........................................................183

1679

3586

INDEX

SR 645-- Roberts, Xavier; commend ...................................................................183, 322 SR 646-- Designate; Woodpecker Trail; Richmond County .......................................176 SR 647-- Franklin, Bobby; U. S. Army National Guard Staff
Sergeant; honoring........................................................................................183 SR 648-- PAGE Day on Capitol Hill ...................................................................183, 456 SR 649-- Frisch, Matthew; commend ..........................................................................184 SR 650-- Frisch, Michael; commend ...........................................................................184 SR 651-- Public Property; conveyance; grant utility easements;
13 counties...........................................................................194, 320, 397, 459, 470, 2121, 3550
SR 652-- Public Property; conveyances..............................................194, 320, 397, 459, 471, 2121, 3550
SR 653-- GHSGT Awareness Day in Savannah, Georgia ...........................................197 SR 654-- Orso, Chris; commend..........................................................................198, 515 SR 655-- Davis, Lee; commend ...........................................................................198, 515 SR 656-- McDonald, Chris; commend ........................................................................198 SR 657-- Highsmith, Steven; commend.......................................................................198 SR 658-- Dryden, Lieutenant Colonel Charles W.; honoring..............................198, 626 SR 659-- Alpha Kappa Alpha Day at the Capitol; recognize ..............................198, 532 SR 660-- Teacher-Student Ratios; provide maximum student-
teacher ratios.................................................................................................195 SR 661-- Academic Bill of Rights at Georgia Private and Public
Universities; observance..........................................................239, 1276, 1311, 1708, 1744
SR 662-- Savannah, City; Siege of Savannah Re-enactment Coordinators; commend ...............................................................................246
SR 663-- Dixon, Christina; commend..................................................................246, 440 SR 664-- Waitsman, Honorable Frederick Richard; commend ...................198, 246, 399 SR 665-- Greene, Mrs. Eva Jewell "Mother Greene"; honoring .................................246 SR 666-- Marist High School War Eagles Football Team;
commend ......................................................................................246, 391, 626 SR 667-- Youth Advisory Council of Columbus, Georgia;
commend ..............................................................................................246, 364 SR 668-- Designate; John D. Smith Highway; Paulding County .............240, 998, 1018,
1051, 1052 SR 669-- Joint Study Committee on Truck and Highway Safety;
create............................................................................................240, 624, 956, 1504, 1604
SR 670-- Women 's Day; Go Red for Women Day; recognize February 6, 2004...................................................................................246, 399

1680

INDEX

3587

SR 671-- Forsyth County Public Library System; commend....................240, 626, 1018, 1043, 1076
SR 672-- Parents; urged to take their children with them to vote...........240, 1018, 1043, 1076, 1077
SR 673-- Motorcycle Awareness and You Month; recognize month of May, 2004 .....................................................................................247
SR 674-- Improvement of Georgia's Pre-K Program, Joint Study Commission; create .............................................................240, 480, 513, 554, 558, 577, 589, 959, 960
SR 675-- General Assembly Members; term of office for four years..........................................................................................316, 1227, 1279
SR 676-- General Assembly; no longer than 30 days each year ..................................316 SR 677-- Rosse, Mr. Vincent; commend .....................................................................322 SR 678-- Lottery Proceeds; operating expenses of lottery;
educational programs...............................................................317, 1042, 1073, 1315, 1436
SR 679-- Community Health Centers Day; recognize .........................................322, 324 SR 680-- Scope of Chiropractic Practice; Senate Study
Committee; create..............................................................317, 550, 585, 1001, 1006
SR 681-- Cultural Competency in Medical Schools; Joint Study Committee; create.........................................................................................317
SR 682-- Henry McNeal Turner Tribute Commission; create............317, 550, 585, 960, 962
SR 683-- Welchel, Alicia Louise; commend ...............................................................322 SR 684-- Pitman, Brandon; commend .........................................................................322 SR 685-- Welborn, Mary Ruth; commend ...................................................................323 SR 686-- Webb, Ms. Jennifer G.; commend................................................................323 SR 687-- Hud, Dr. J. A.; honoring ...............................................................................323 SR 688-- Women in Construction Week; proclaiming March 7-13 .......318, 1042, 1073,
1171, 1198 SR 689-- Guido, Dr. Michael; commend .............................................................323, 364 SR 690-- Wills, Ms. Billie Ann; honoring ...................................................................323 SR 691-- Ayers, Mr. Howard 'Doc'; commend ............................................................323 SR 692-- Wyatt, Mrs. Georgia; commend ...................................................................323 SR 693-- Moss, Mr. W. M.; commend ........................................................................323 SR 694-- Parks, Mr. Robert L.; commend ...................................................................323 SR 695-- Beck, Mr. Ray; commend.............................................................................324 SR 696-- "Rural Health Day" in Georgia; commend...........................................399, 456

1681

3588

INDEX

SR 697-- "Together, Tourism Works for Georgia"; tourism industry in Georgia; commend .....................................................................399
SR 698-- Russell Corporation; recognize ....................................................................399 SR 699-- Murphy-Harpst Children's Center; commend...............................................399 SR 700-- Cedartown; 150th Anniversary; honoring ....................................................399 SR 701-- Chinese Delegation, Wanzhou District; Sichuan
Province, China; welcome....................................................................400, 457 SR 702-- Goodson, Marta; commend ................................................................400, 1281 SR 703-- Jones, Mr. Jerome; commend .......................................................................400 SR 704-- Richmond County; authorize conveyance of state
property....................................................................................394, 1278, 1311, 1502, 1521, 2188, 3097, 3550
SR 705-- Family, Career, Community Leaders of America (FCCLA); recognize.............................................................................400, 425
SR 706-- Bennett, William B. "Billy"; commend ................................................400, 626 SR 707-- Dinkins, Valery; Teacher of the Year; commend.........................................400 SR 708-- Stutes, Mary Linda; Teacher of the Year; commend....................................400 SR 709-- Phillips, Kelli; Teacher of the Year; recognize ............................................400 SR 710-- Chandler, Ms. Pam; Teacher of the Year; recognize....................................401 SR 711-- Flanders, Ms. Katherine "Kelly"; commend.................................................401 SR 712-- Evans High School in Columbia County; commend....................................401 SR 713-- Freeman Elementary School; recognize .......................................................401 SR 714-- Smith, Miss Kaitlin; commend.....................................................................401 SR 715-- Forestry Day at the Capitol; recognize .................................................425, 458 SR 716-- Albany-Dougherty County Day; recognize ..................................................425 SR 717-- Georgia Optometric Association; commend ................................................425 SR 718-- Hardman III, Lamartine G; honoring ...........................................................457 SR 719-- Justus, Sam; commend .................................................................................457 SR 720-- Borrow, Mr. David A., "Mr. McDonald's"; honoring ..................................457 SR 721-- St. John Baptist Church; 135th Anniversary;
congratulate ..................................................................................................457 SR 722-- Lester, Honorable James L.; commend ........................................................457 SR 723-- Rockdale County Parks and Recreation Department;
recognize...............................................................................................425, 426 SR 724-- Landers, Coach Andy; commend .................................................................457 SR 725-- Georgia Department of Public Health; recognize ........................................457 SR 726-- Haas, Jeffrey M.; commend..........................................................................458 SR 727-- Empire Board of Realtists, Inc.; recognize...........................................458, 552

1682

INDEX

3589

SR 728-- United States Congress; urge to make federal tax cuts permanent ................................................................................451, 1018, 1043, 1707, 1711
SR 729-- United States Congress; urge to abolish death tax permanently .............................................................................451, 1018, 1043, 1861, 1881
SR 730-- Georgia Congressional Delegation; request to pass lifetime/retirement accounts .....................................................452, 1018, 1043
SR 731-- United States Congress; urge to enact defense appropriations ...............................................................................................452
SR 732-- Georgia Congressional Delegation; support President's effort to protect U.S......................................................................................452
SR 733-- Atlanta Motor Speedway Day at the Capitol.......................452, 480, 513, 611, 613
SR 734-- Scott, Mr. Cortez T.; recognize ....................................................................484 SR 735-- Garden Club of Georgia, Inc.; commend .............................................484, 978 SR 736-- Dunwoody Woman's Club; commend ..................................................457, 484 SR 737-- Wilson, Daniel Henry; commend .................................................................484 SR 738-- Congregation Shearith Israel; commemorate ...............................................485 SR 739-- Georgia Hospital Association; commend .....................................................485 SR 740-- Turner, Jason Reginald; commend ...............................................................485 SR 741-- Marshall, Elise Danielle; commend .............................................................485 SR 742-- Mayhue, Justin Allen; commend ..................................................................485 SR 743-- Thomas, Albert Mansfield; commend ..........................................................485 SR 744-- Wicker, Jared; commend ..............................................................................485 SR 745-- Swindall, Sandra; commend .........................................................................485 SR 746-- Amick, David; commend..............................................................................485 SR 747-- Harrison, Julie; commend.............................................................................486 SR 748-- Moore, Gina; commend................................................................................486 SR 749-- Rice, Angela; commend ...............................................................................486 SR 750-- Morris, III; Mr. W.S. and The Augusta Futurity;
commend ......................................................................................................486 SR 751-- Lacy, Sr., Mr. Jerry; commend .....................................................................515 SR 752-- Pledger, Mary; recognize..............................................................................515 SR 753-- Keshi, Honorable Joe, Consul-General of Nigeria;
Africa Day at Capitol; commend..........................................................515, 626 SR 754-- State Agencies; encourage use of consulting services
with information technology ...................................................510, 1278, 1311, 1861, 1882

1683

3590

INDEX

SR 755-- Ocmulgee/Altamaha Rivers; urge Congress to protect land in a continuous corridor...............................................510, 585, 606, 960, 964
SR 756-- Pinholster, Dr. Garland; commend ...............................................................515 SR 757-- Black, Mr. John Larry; honoring ..................................................................515 SR 758-- Lewis, Mr. Jamal; honoring..........................................................................515 SR 759-- Williams, Honorable Tommie; congratulate ................................................503 SR 760-- Joint Early Learning Initiative Commission; create ................511, 1041, 1073,
1316, 1503, 1571, 3428, 3452, 3550 SR 761-- Turner, Mr. Ted and Ted's Montana Grill; commend .................................516 SR 762-- McKerrow, Mr. George Jr. and Ted's Montana Grill; commend ......................................................................................................516 SR 763-- Dental Hygienists' Appreciation Day; recognize..........................................516 SR 764-- Cedartown High School Competition Cheerleaders; commend ......................................................................................................516 SR 765-- Garrett, Miss Fallon Beth; recognize....................................................532, 552 SR 766-- Cordele-Crisp County Fish Fry; recognize...........................................532, 552 SR 767-- Dove Hunting; urge Natural Resources Board to adopt state-wide open season dates ...............................................529, 585, 606, 960,
961 SR 768-- Tenet Healthcare Foundation and Tenet Georgia;
commend ......................................................................................................532 SR 769-- Joint Study Committee on Tobacco Tax Evasion; create.............................529 SR 770-- Carrollton High School's 2004 State Champion
Cheerleading Squad; commend ..........................................................532, 1281 SR 771-- Court of Honor Drum and Bugle Corps; recognize......................................552 SR 772-- Morehouse School of Religion; Founders' Day
observance; recognize ..................................................................................552 SR 773-- Georgia Association of Educators Legislative
Conference Day; recognize ..........................................................................532 SR 774-- Habitat for Humanity Day; recognize...........................................................552 SR 775-- Smith, Miss Candace Yvette; commend.............................................552, 1281 SR 776-- Collins, Miss Christina Jessica; commend .........................................553, 1281 SR 777-- Battle, Miss Katrina Nychole; commend ...........................................553, 1281 SR 778-- Farrow, Miss Shannon; commend ......................................................553, 1281 SR 779-- Middlebrooks, Johnny; commend ......................................................553, 1281 SR 780-- Partnership for Health and Accountability; commend .................................553 SR 781-- Designate; Alan Jackson Highway; Coweta County.................547, 998, 1018,
1051, 1053, 2122, 3551

1684

INDEX

3591

SR 782-- Natural Resources Dept. and Commissioner Lonice Barrett; commend .........................................................................................553
SR 783-- Daughety, Frenasee; commend.....................................................................553
SR 784-- Human Resources, Department of Community Health; urge to take actions for people with certain disabilities ...............................582
SR 785-- Gay, Dr. R. Derril; commend .......................................................................587
SR 786-- Ten Commandments and Acknowledgment of God; encouraging display.................................................................582, 1018, 1043, 1233, 1255
SR 787-- Designate; Michael B. Mundy Memorial Bridge; Pickens County..........................................................................582, 998, 1018, 1051, 1054, 2539, 3551
SR 788-- Slaton, Jean; commend .................................................................................587
SR 789-- Marietta Fire Department; commend ...........................................................608
SR 790-- Butts, Dr. Calvin L.; commend ....................................................................608
SR 791-- Skelton, M.D., W. Douglas; honor...............................................................608
SR 792-- Rucker, Rev. Raleigh; commend..................................................................608
SR 793-- Duke, Nellie; commend................................................................................608
SR 794-- Designate; Take Your Kids to Vote Day in Georgia; November 2 ..................................................................................................609
SR 795-- National Guard Day; recognize ..........................................................609, 1280
SR 796-- Traetto, Ms. Carol; commend.......................................................................627
SR 797-- Designate; George W. Potts Highway; Coweta County............620, 998, 1018, 1051, 1054, 2122, 3551
SR 798-- Ty Cobb Educational Foundation; recognize ...............................................627
SR 799-- Great Lakes of Georgia; urge inclusion of additional lakes on website........................................................................621, 1846, 1848
SR 800-- Washington, Justin Brooks; commend .........................................................627
SR 801-- Crimm, Dr. Harlon; "Pacesetter of the Year"; commend .............................627
SR 802-- Special License Plates; promote organ/tissue donation organizations............................................................................621, 1017, 1043, 1233, 1251
SR 803-- Alton C. Crews Middle School; Pay for Performance Award; commend .........................................................................................627
SR 804-- Brookwood High School; Pay for Performance Award; commend ......................................................................................................627
SR 805-- Womack, Ms. Jenny; congratulate ...............................................................627
SR 806-- Sandy Springs Middle School; 8th Grade Career Day; recognize.......................................................................................................627

1685

3592

INDEX

SR 807-- "Rhapsody in Rabun"; commend..................................................................628 SR 808-- Kautex Textron Company of Lavonia; commend ........................................628 SR 809-- Whelchel, Rev. W. L.; commend .................................................................628 SR 810-- Thomason, Mr. Owen; congratulate.............................................................628 SR 811-- Gunter, Judge Jack N. condolences..............................................................628 SR 812-- Sirmans, Macy Marie; commend........................................................628, 1281 SR 813-- North Georgia College and State University; Patriot
Choir; commend ...........................................................................................628 SR 814-- Gray, Betty; commend..................................................................................628 SR 815-- Third Day; christian music group; commend ...............................................957 SR 816-- McNamara, Corry; commend .............................................................957, 2187 SR 817-- Rucker, Rev. Raleigh; commend..................................................................957 SR 818-- Bryan, Jaret M.; recognize............................................................................958 SR 819-- Silver-Haired Legislature; commend ...........................................................958 SR 820-- Hough, Carol; commend ....................................................................978, 1281 SR 821-- Harrison, Raymond; commend.....................................................................978 SR 822-- Aging and Developmental Disabilities, Joint Study
Committee; create....................................................................971, 1167, 1228, 1990, 1992
SR 823-- China-America Partnership Delegation; Honorable Mo Wen Xiu; welcome ...............................................................................978, 979
SR 824-- Sherrod, Dr. Billie J.; honoring ....................................................................979 SR 825-- Gambill, Mr. Bill; congratulate ....................................................................979 SR 826-- Barfield, Captain Grover M; commend........................................................999 SR 827-- Effects of Illegal Immigration; Senate Study
Committee; creating ................................................................993, 1227, 1279, 1316, 1503, 1573, 1575
SR 828-- Designate; Earl Paulk Parkway; Dekalb County.....................993, 1001, 1073, 1168, 2587
SR 829-- Designate; Billy Jiles Memorial Highway; Carroll/Coweta County..........................................................1013, 1020, 1073, 1168, 1233, 1250, 2122, 3551
SR 830-- Wills, Ms. Billie Ann; honoring .................................................................1019 SR 831-- State University of West Georgia Cheerleading Teams;
commend ....................................................................................................1019 SR 832-- King, Chad; commend................................................................................1019 SR 833-- Duke, Nellie; commend..............................................................................1019 SR 834-- Dix, Thea; commend ..................................................................................1019

1686

INDEX

3593

SR 835-- Osteoporosis Month in Georgia; recognize May 2004...............................1019 SR 836-- Designate; John D. Smith Highway; Paulding County ....................1013, 1020 SR 837-- Hill, Mr. Guy, Sr.; honoring .......................................................................1044 SR 838-- Talbot County Day; recognize....................................................................1044 SR 839-- Duluth Middle School Academic Bowl Team;
commend ....................................................................................................1044 SR 840-- Berkeley Lake Elementary School; commend............................................1044 SR 841-- Peanut Butter and Jelly Day at the Capitol; commend ...............................1044 SR 842-- Braselton Brothers Store; commend...........................................................1044 SR 843-- Designate; Woodpecker Trail Highway; 10 counties............1038, 1051, 1279,
1311, 1502, 1539, 2697, 3101, 3551 SR 844-- Breeden, Dr. Ken; congratulate ..................................................................1045 SR 845-- Clower, Mr. Emmett Jr.; honoring .............................................................1045 SR 846-- Searcy, Major General William N.; commend ...........................................1045 SR 847-- Senior Week at the Capitol; acknowledging the contributions of senior Georgians ..............................................................1045 SR 848-- Fulton, Robert (Bob) E.; condolences ........................................................1045 SR 849-- Durham Middle School Eighth Grade Symphonic Band; commend ....................................................................................................1074 SR 850-- Board of Education/Superintendent; urge grading system for Georgia K-12 .......................................................1068, 1275, 1311,
1502, 1547 SR 851-- Kirkland, George M. Jr.; commend..................................................1075, 1169 SR 852-- DeGarmo, Miss Diana; commend ..............................................................1075 SR 853-- Pinckneyville Middle School; commend....................................................1075 SR 854-- Equal Pay Day; recognize...........................................................................1068 SR 855-- "High Tech Day" proclaim February 25, 2004...........................................1075 SR 856-- Designate; Confederate History/Heritage Month
annually in April.....................................................................1068, 1278, 1311 SR 857-- Schloss, Eva Geiringer; honoring...............................................................1075 SR 858-- Redevelopment; authorize Governor by executive order
to establish commissions .......................................................1069, 1168, 1228, 1315, 1358, 3322, 3551
SR 859-- Georgia Association of Educational Leaders; recognize ...........................1075 SR 860-- West Georgia Wolverines Wheelchair Soccer Team;
commend ....................................................................................................1075 SR 861-- Ware, Rev. Joseph A.; recognize......................................................1075, 1076 SR 862-- Board of Regents of University System of Georgia;
meetings; maximize public access..........................................1161, 1276, 1311

1687

3594

INDEX

SR 863-- Board of Regents/Education; student participation as poll workers; create avenue ...................................................1162, 1228, 1279, 1316, 1503, 1572
SR 864-- House of Representatives; tax benefits to companies that provide health benefits ........................................................................1162
SR 865-- Coleman, Mr. Stephen; Daedalus Capital, L.L.C.; recognize...........................................................................................1170, 1280
SR 866-- Catoosa County; Battlefield Parkway; dedicate portion to Baxter Shavers...................................................................1162, 1170, 1279, 1311, 1502, 1548, 3323, 3551
SR 867-- Promised Land Farm/2004 Collard Green Festival Parade; recognize........................................................................................1229
SR 868-- Crisis Pregnancy Centers/supportive, Dedicated Individuals; honoring..................................................................................1230
SR 869-- Designate; Judge Jim Weeks Intersection; Dekalb County ...................................................................................1162, 1170, 1279, 1311, 1504, 1609, 2911, 3551
SR 870-- American Red Cross Month; proclaiming March 2004 .............................1230
SR 871-- Health Effects of Pesticides; Joint study committee; create...........................................................................................................1219
SR 872-- Lockheed Martin C-130 Hercules; "Year of the Hercules"; honoring................................................................1230, 1303, 3551
SR 873-- Wigley, Brandon; commend.......................................................................1230
SR 874-- U.S. Congress; urged to establish a domestic energy policy ......................................................................................1219, 1277, 1311
SR 875-- Lockheed Martin C-130 Hercules; "Year of the Hercules"; honoring....................................................................................1230
SR 876-- Designate; Pettigrew Road Bridge; Baldwin County.......................1219, 1232
SR 877-- American History/government; encouraging effective teaching...................................................................................1219, 1491, 1665
SR 878-- Natural Resources; urged to propose hiking trail named for Pres. Jimmy Carter...........................................................1219, 1277, 1311, 1504, 1603
SR 879-- Health Care Incentives; employer tax incentives; affordable care............................................................................................1220
SR 880-- Maxwell High School of Technology; recognize.......................................1230
SR 881-- Smith, Joseph B.; commend .............................................................1230, 1281
SR 882-- Agriculture; protection/preservation; unreasonable regulation; encroachment ...........................................................................1220

1688

INDEX

3595

SR 883-- Reinstate; "T. Watson Mobley Bridge"; Burke County ........1220, 1233, 1492, 1665, 2588
SR 884-- Johnson, Corey S.; commend .....................................................................1281
SR 885-- Georgia's Battery D of the 214th Coast Artillery AntiAircraft Regiment; commend ...........................................................1281, 1850
SR 886-- Hale, Rev. Dr. Cynthia L.; commend .........................................................1281
SR 887-- First American Bank/Trust Company; commend.......................................1282
SR 888-- Athens First Bank/Trust Company; commend ...........................................1282
SR 889-- Public Schools; uniform school disciplinary policy ...................................1268
SR 890-- Davids, Rabbi Stanley M.; commend .........................................................1282
SR 891-- Travelgirl magazine; commend ........................................................1282, 2967
SR 892-- Smith, Elliott Houston; commend ..............................................................1282
SR 893-- Perry, Dr. H. William; commend................................................................1282
SR 894-- Pinewood Christian Academy Girls Softball Team; commend ....................................................................................................1282
SR 895-- Pinewood Christian Academy Varsity Cheerleaders; commend ....................................................................................................1282
SR 896-- Pinewood Christian Academy Girls Basketball Team; commend ....................................................................................................1283
SR 897-- U.S.A. Track and Field Recognition Day in Georgia; commend ....................................................................................................1283
SR 898-- Georgia Fire Service Long-range Improvement Program; express support ...........................................................................1283
SR 899-- Henderson, Nancy; commend.....................................................................1313
SR 900-- Goodman, Ms. Gwendolyn; remembering .................................................1313
SR 901-- Senate Assisted Living and Long Term Care Study Committee; create...................................................................1304, 1843, 1848
SR 902-- Venable, Sr., William Stephen "Billy"; Venable, Jr., William "Bill" Coleman .............................................................................1313
SR 903-- Senate Study Committee on Joint Sponsorship of Legislation; create ..................................................................1304, 1846, 1848
SR 904-- Environmental Director; urge to consider lifting moratorium on water new ground-water withdrawal permits ...................................................................................1305, 1492, 1665, 1990, 1994
SR 905-- Medical Association of Atlanta; commend ................................................1313
SR 906-- North Clayton Athletic Association Cheerleaders; commend ....................................................................................................1313
SR 907-- Lottery Technology Joint Study Committee; create ..............1305, 1662, 1705, 1990, 1993
SR 908-- Turner, Sr., Clyde; condolences .................................................................1494

1689

3596

INDEX

SR 909-- "Boy Scout Day" in Georgia; recognize ...........................................1312, 1313 SR 910-- Raykin, Julia; Outstanding Scholar; commend ..........................................1495 SR 911-- Tran, Linh Uyen Thi; Outstanding Scholar; commend ..............................1495 SR 912-- Thompson, Rita C.; Outstanding Scholar; commend .................................1495 SR 913-- McGee, Barry; Outstanding Scholar; commend.........................................1496 SR 914-- Daniel, Josie Neshelle; Outstanding Scholar; commend............................1496 SR 915-- Ware, Robert Calhoun; Outstanding Scholar; commend ...........................1496 SR 916-- Omonuwa, Toma S.; Outstanding Scholar; commend ...............................1496 SR 917-- Marshall, Aksana; Outstanding Scholar; commend ...................................1496 SR 918-- Boyle, David C.; Outstanding Scholar; commend .....................................1496 SR 919-- Cash, Joy L.; Outstanding Scholar; commend ...........................................1497 SR 920-- Okpala, Jane A.; Outstanding Scholar; commend......................................1497 SR 921-- Joiner, Brian Joseph; Outstanding Scholar; commend...............................1497 SR 922-- Price, Daniel B.; Outstanding Scholar; commend......................................1497 SR 923-- Chambliss, Nerissa; Outstanding Scholar; commend.................................1497 SR 924-- Patel, Yogin P.; Outstanding Scholar; commend .......................................1497 SR 925-- Davis, Johnathan M.; Outstanding Scholar; commend ..............................1498 SR 926-- Vandergriff, Jeremy S.; Outstanding Scholar; commend...........................1498 SR 927-- Phillips, Lindsey Nicole; Outstanding Scholar;
commend ....................................................................................................1498 SR 928-- Hill, Cori; Outstanding Scholar; commend ................................................1498 SR 929-- Watson, Brent; Outstanding Scholar; commend ........................................1498 SR 930-- Lackey, Dennis E.; Outstanding Scholar; commend..................................1498 SR 931-- Heyman, Heather Elizabeth; Outstanding Scholar;
commend ....................................................................................................1499 SR 932-- Stewart, Lindsey R.; Outstanding Scholar; commend................................1499 SR 933-- Crosby, Stacie Renee; Outstanding Scholar; commend .............................1499 SR 934-- Donaldson, Charles R.; Outstanding Scholar; commend ...........................1499 SR 935-- Francis, Kevin L.; Outstanding Scholar; commend ...................................1499 SR 936-- Gupta, Monique; Outstanding Scholar; commend .....................................1499 SR 937-- Marshall, Nicholas M.; Outstanding Scholar; commend ...........................1500 SR 938-- Raynor, Jennifer L.; Outstanding Scholar; commend ................................1500 SR 939-- Berl, Scott D.; Outstanding Scholar; commend .........................................1500 SR 940-- Shepherd, Cynthia Lester; Outstanding Scholar;
commend ....................................................................................................1500 SR 941-- Lanier, Mallory Layne; Outstanding Scholar; commend ...........................1500 SR 942-- Towers, Admiral John Henry; authorizing portrait in
state capitol............................................................................1480, 1665, 1705, 1860, 1866

1690

INDEX

3597

SR 943-- Georgia Department of Community Health-Office; "GRACE" symposium; recognize ..............................................................1494
SR 944-- Clay, Grace Maloy; condolences................................................................1494 SR 945-- Sheppard, Gareth R.; Outstanding Scholar; commend...............................1500 SR 946-- Thornton, Cynthia; Outstanding Scholar; commend ..................................1501 SR 947-- Peters, Charlotte; recognizing ..........................................................1494, 2923 SR 948-- Lyle, James M. "Jim"; commend................................................................1494 SR 949-- Abram, Jr., Milton L.; REDISCOVERY Outpatient
Substance Abuse Clinic; commend ............................................................1495 SR 950-- Environmental Director; urge to consider lifting
moratorium on water withdrawal ...........................................1480, 1845, 1848 SR 951-- Designate; Daniel Starnes Bridge; Paulding County........................1480, 1501 SR 952-- Designate; James D. (Jim) McGee Memorial Highway;
Fulton County........................................................................1480, 1501, 1848, 2587
SR 953-- Littleton, Ms. Kimberly; commend ............................................................1495 SR 954-- Bennett, Mrs. Rae Nell; commend ...................................................1667, 1859 SR 955-- Barker, Linda A.; commend .......................................................................1667 SR 956-- Keels, Zelma Brewton; commend ..............................................................1667 SR 957-- Brothers, Walker; commend.......................................................................1667 SR 958-- James, Anthony R.; recognize ..........................................................1667, 2187 SR 959-- Fox-Genovese, Elizabeth; commend..........................................................1667 SR 960-- Childhood Obesity in Georgia; Senate Study
Committee; create...................................................................1646, 1843, 1848 SR 961-- Senate Blue Ribbon Study Commission on Tort
Reform; create ............................................................................................1646 SR 962-- Dawson County High School Wrestling Team;
commend ....................................................................................................1668 SR 963-- McDonnell, Jennifer Lenore; Seabaugh, Ryan Wayne;
congratulating .............................................................................................1668 SR 964-- Savannah River Site; urge Congress to restore radiation
monitoring program................................................................1646, 1845, 1848 SR 965-- Home Depot; recognizing...........................................................................1668 SR 966-- Hidden Lake Academy; Lumpkin County; commend......................1668, 2921 SR 967-- Mandatory Death Reporting in Compensated Care;
Senate Study Committee; create.............................................1647, 1843, 1848 SR 968-- Follow Me Foundation, Inc.; recognize .....................................................1668 SR 969-- SafePath Children's Advocacy Center, Inc.; recognize ..............................1668 SR 970-- Communities In Schools of Georgia, Inc.; commend ................................1668 SR 971-- Albany, City; Mayor-elect Willie Adams, Jr.; commend ...........................1669 SR 972-- Albany, City; Mayor Tommy Coleman; commend ....................................1669

1691

3598

INDEX

SR 973-- Smith, Sybil B.; honoring ...........................................................................1669 SR 974-- Guy, Colonel Robert; recognize .......................................................1669, 1675 SR 975-- Craig, Casey; commend....................................................................1669, 2159 SR 976-- Perry High School's 2004 Competition Cheerleading
Squad; commend ........................................................................................1669 SR 977-- Steele, Joe; commend .................................................................................1669 SR 978-- Perry Primary School; honoring .................................................................1669 SR 979-- Tompkins, Paulette; commend ...................................................................1669 SR 980-- Lindsey Elementary School; honoring .......................................................1670 SR 981-- Pearl Stephens Elementary School; recognize ...........................................1670 SR 982-- Slosheye Trail Big Pig Jig; recognize.........................................................1670 SR 983-- Midway Church and Society; congratulate.................................................1670 SR 984-- Midway Church and Society; congratulate.......................................1670, 1834 SR 985-- Williamson, Jr., Coy C.; honoring..............................................................1706 SR 986-- Folsom, Rev. & Mrs. Donald Lee; congratulating .....................................1707 SR 987-- Bryant, Gerald; commend...........................................................................1707 SR 988-- South Gwinnett High School Comets Boys' Basketball
Team; commend ...............................................................................1707, 2183 SR 989-- Senate Study Committee on Excavation Safety; create.........1701, 1845, 1848,
2177, 2181 SR 990-- Ellis, Mrs. Margarethia G.; honoring .........................................................1850 SR 991-- Balser, Meyer L.; condolences ...................................................................1850 SR 992-- Phebe Callaway Robinson/Callaway Blue Springs
Water Company; commend ..............................................................1850, 2155 SR 993-- Senate Aides; 2004 Regular Session; commend ........................................1850 SR 994-- Senate Interns; 2004 Regular Session; commend ......................................1850 SR 995-- Roberto, Alphonse L.; commend................................................................1850 SR 996-- Candler Hospital; recognize .............................................................1850, 1915 SR 997-- Senate Septage Disposal Study Committee; create ................1838, 2152, 2154 SR 998-- U.S. President, Energy Department; urged to address
rising price of gasoline ...........................................................1838, 2152, 2154 SR 999-- Hall, Reverend Paul Victor "Buck"; honoring ...........................................1851 SR 1000-- Payne, Lt. Col. (Ret) Terry; condolences ...................................................1851 SR 1001-- Clarke Central High School Mock Trial Team;
commend ..........................................................................................1851, 2187 SR 1002-- Athens Voices of Truth; commend.............................................................1851 SR 1003-- Dishman, Leland; commend.......................................................................1851 SR 1004-- Alexander, Dr. Cameron M.; honoring ......................................................1851 SR 1005-- Lawrence, Karen; commend.......................................................................1851 SR 1006-- Watton, Vicki; commend............................................................................1851

1692

INDEX

3599

SR 1007-- Kimmer, Robert; commend ........................................................................1851 SR 1008-- Kohler, Debbie; commend..........................................................................1852 SR 1009-- Bocinsky, Kyle; commend..........................................................................1852 SR 1010-- Dreschel, Allen; commend .........................................................................1852 SR 1011-- Rudat, Deirdre; commend ..........................................................................1852 SR 1012-- Lam, Hope; commend ................................................................................1852 SR 1013-- Memorial Health; recognize .............................................................1852, 2181 SR 1014-- Brookwood High School Broncos Cross Country Team;
commend ..........................................................................................1914, 2187 SR 1015-- Brookwood High School Lady Broncos Swim Team;
commend ..........................................................................................1914, 2187 SR 1016-- Collins Hill High School Lady Eagles Cross Country
Team; commend .........................................................................................1914 SR 1017-- Collins Hill High School Eagles Swim Team; commend ..........................1914 SR 1018-- Martin, Terasa; commend...........................................................................1914 SR 1019-- Brookwood High School Broncos Debate Team;
commend ..........................................................................................1914, 2187 SR 1020-- Grayson High School Varsity Science Team; commend............................1914 SR 1021-- Grayson High School Junior Varsity Science Team;
commend ....................................................................................................1914 SR 1022-- Nicholas, Jay; Eagle Scout; commend .......................................................1915 SR 1023-- McSavenay, James; Eagle Scout; commend ..............................................1915 SR 1024-- Plasma Arc; recognized as viable/effective renewable
source of energy .........................................................................................1915 SR 1025-- Connell, Honorable Jack; urge DOT to dedicate
Riverwatch Parkway in Augusta, Georgia .............................1915, 2540, 3551 SR 1026-- Wheat Street Towers Tenant Association; recognizing .............................1915 SR 1027-- Truck/Highway Safety; Senate Study Committee; create ..........................2127 SR 1028-- Winterville, City; commemorating.............................................................2156 SR 1029-- Grayson High School Rams Girls' Softball Team;
commend ....................................................................................................2156 SR 1030-- Parkview High School Panthers Wrestling Team;
commend ....................................................................................................2156 SR 1031-- Herring, Mr. Michael; Teacher of the Year; recognize ..............................2156 SR 1032-- Peterson, Sandra; Teacher of the Year; recognize .....................................2156 SR 1033-- Cole, Lisa; Teacher of the Year; recognize ................................................2156 SR 1034-- Barry, Mr. Rick; Teacher of the Year; recognize .......................................2156 SR 1035-- Wood, Mr. Rick; Teacher of the Year; recognize ......................................2156 SR 1036-- Bridges, Mr. Judson; Teacher of the Year; recognize ................................2157 SR 1037-- Nye, Mr. William; Teacher of the Year; recognize....................................2157

1693

3600

INDEX

SR 1038-- Brookwood High School Academic Bowl Teams; commend ....................................................................................................2157
SR 1039-- Roberton II, Honorable Charles T.; commend ...........................................2157 SR 1040-- Wheeler, Sr., Mr. Morgan D.; recognize....................................................2157 SR 1041-- Harris, Narvie J.; honoring .........................................................................2157 SR 1042-- Moody, Christopher Jamall; honoring..............................................2157, 2975 SR 1043-- Robinson, Jr., Sergeant Vincent LaGeorge; honoring................................2158 SR 1044-- Georgia Nurses Week at the State Capitol; commend ...............................2158 SR 1045-- Youmans, Andrew; Eagle Scout; commend...............................................2158 SR 1046-- Coweta County African American Heritage
Museum/Research Center; commend.........................................................2158 SR 1047-- Disque, Cody; commend ............................................................................2158 SR 1048-- Gladiators, Inc.; commend .........................................................................2158 SR 1049-- Mossy Oak Music Park; recognizing..........................................................2158 SR 1050-- DeGarmo, Diana; commend .......................................................................2158 SR 1051-- Bryan County; homestead exemption; urge board of
commissioners to adopt ..............................................................................2546 SR 1052-- Bryan County; homestead exemption; urge
commissioners to adopt for educational purposes......................................2546 SR 1053-- Christine, Bobby L.; commend.........................................................2546, 2724 SR 1054-- Kennesaw State University Women's Soccer Team;
congratulating ...................................................................................2158, 2159 SR 1055-- Copeland, Alvin J.; commend ....................................................................2546 SR 1056-- Sexson, M.D., William Robert; commend .................................................2547 SR 1057-- Dempsey, Reatha; commend ......................................................................2547 SR 1058-- Wieschhaus, Stephen; Eagle Scout; commend...........................................2547 SR 1059-- Sekaran, Anand; Eagle Scout; commend ...................................................2547 SR 1060-- Panter, Gordon; Eagle Scout; commend ....................................................2547 SR 1061-- Aniton, Jr., Rev. Emmett S. and Aniton, Dorothy
Rigby; commend.........................................................................................2547 SR 1062-- Jamison, Chris; commend...........................................................................2547 SR 1063-- Cohen, Jody Alyssa; commend...................................................................2547 SR 1064-- Kennesaw State University Men's Basketball Team;
commend ....................................................................................................2547 SR 1065-- McCurdy, Jr., Walter; honoring..................................................................2548 SR 1066-- Weinstein, Bruce; recognizing ...................................................................2548 SR 1067-- Brown, Johnny; honoring ...........................................................................2548 SR 1068-- Melroy, Samantha Monique; commend .....................................................2548 SR 1069-- Randolph-Clay High School Boy Basketball Team;
commend ....................................................................................................2548

1694

INDEX

3601

SR 1070-- Stephenson High School Girls' Basketball Team; commend ....................................................................................................2548
SR 1071-- Myers, Dr. Lee; commend..........................................................................2548 SR 1072-- Bunn Logging, Inc.; commend ...................................................................2548 SR 1073-- Myers, Dr. Lee; commend..........................................................................2548 SR 1074-- Rainey, Dorothy Olyra Thomas; congratulations .......................................2549 SR 1075-- Sergeant at Arms/Doorkeepers; 2004 Regular Session;
recognize.....................................................................................................2549 SR 1076-- Atlanta Job Corps Center; honoring ...........................................................2923 SR 1077-- Habersham Bank; congratulate...................................................................2923 SR 1078-- Cronbaugh, Mary; commend......................................................................2923 SR 1079-- Alston, Gordon; honoring...........................................................................2923 SR 1080-- Reidsville Lions Club; commend ...............................................................2923 SR 1081-- Puckett, Mr. Chase; recognize....................................................................2924 SR 1082-- Brookwood High School Lady Broncos Swim/dive
Team; commend .........................................................................................2924 SR 1083-- Collins Hill High School Eagles Swim/dive Team;
commend ....................................................................................................2924 SR 1084-- Lathe, Joel; Eagle Scout; commend ...........................................................2924 SR 1085-- Georgia Conservation Voters; recognize....................................................2924 SR 1086-- Blodgett, Jan H.; recognize ........................................................................2924 SR 1087-- Cobb County; NAACP; recognize .............................................................2924 SR 1088-- IMPACT, Inc.; recognize ...........................................................................2924 SR 1089-- Keep Smyrna Beautiful; commend.............................................................2925 SR 1090-- Halpern, Jack; commend ............................................................................2925 SR 1091-- Parker, Linda H.; recognize........................................................................2925 SR 1092-- Lamutt, Sen. Robert; honoring .........................................................2925, 3181 SR 1093-- Venable, William Stephen "Billy"; Venable, William
Coleman "Bill"; condolences......................................................................2925 SR 1094-- American Academy of Pediatrics; Georgia chapter;
commend ....................................................................................................2925 SR 1095-- McClure, Randy; commend........................................................................2925 SR 1096-- Cooper, Rev. Dr. David C.; commend .......................................................2925 SR 1097-- Merletti, Marty; commend..........................................................................2926 SR 1098-- Bone, Mrs. Joann; recognize ......................................................................2926 SR 1099-- Jansen, Erin; recognize...............................................................................2926 SR 1100-- Bill Malone Society; recognize ..................................................................2926 SR 1101-- Adjournment; relative to........................................................2800, 2880, 2908,
2911, 2912, 2919, 2920

1695

3602

INDEX

SR 1102-- Mitchell, Alicia; recognize .........................................................................2926 SR 1103-- Daves, Evah Kathryn; congratulations .......................................................2926 SR 1104-- Tanksley, Honorable Charles B. "Charlie"; commend...............................3327 SR 1105-- Price, Honorable Tom; commend...............................................................3328 SR 1106-- Crotts, Honorable Mike; commend ............................................................3546 SR 1107-- Clay, Honorable Chuck; commend ............................................................3546 SR 1108-- Thomas, Honorable Nadine; commend ......................................................3327 SR 1109-- Squires, Honorable Mary; commend..........................................................3546 SR 1110-- Georgia Army National Guard; 265th Engineer Group;
commend ....................................................................................................2926 SR 1111-- David Bushnell Day in Georgia; declare August 30,
2004 ............................................................................................................2926 SR 1112-- Hartin, Karen; recognizing .........................................................................3311 SR 1113-- Holloway, Cynthia; recognizing.................................................................3311 SR 1114-- Tew, Terry; recognizing .............................................................................3311 SR 1115-- Jones, Barbara; recognizing........................................................................3312 SR 1116-- Guthrie, Sarah; recognizing........................................................................3312 SR 1117-- Rice, Mia; recognizing ...............................................................................3312 SR 1118-- Pescia, Felicita; recognizing.......................................................................3312 SR 1119-- Williams, Dorothy; recognizing .................................................................3312 SR 1120-- McKeown, Mr. Mac; recognizing ..............................................................3312 SR 1121-- Grimes, Mr. Randall; recognizing ..............................................................3313 SR 1122-- Cooper, Mr. Lee; recognizing ....................................................................3313 SR 1123-- Baulkmon, Orlean; recognizing..................................................................3313 SR 1124-- Wingard, Carol; recognizing ......................................................................3313 SR 1125-- Coleman, Charlene; recognizing ................................................................3313 SR 1126-- Bouie, Shirley; recognizing ........................................................................3313 SR 1127-- Hall, Amelia; recognizing ..........................................................................3314 SR 1128-- Anderson, Thelma; recognizing .................................................................3314 SR 1129-- Mindingall, Loretta; recognizing................................................................3314 SR 1130-- Santini, Dorothy; recognizing.....................................................................3314 SR 1131-- Hesler, Kathy; recognizing .........................................................................3314 SR 1132-- Massey, Marie; recognizing .......................................................................3314 SR 1133-- Lindsey, Mr. Eddie; recognizing ................................................................3315 SR 1134-- Thomas, Donna; recognizing......................................................................3315 SR 1135-- Paulk, Shirley; recognizing.........................................................................3315 SR 1136-- McGhee, Dorothy; recognizing ..................................................................3315 SR 1137-- Pitts, Valerie; recognizing ..........................................................................3315 SR 1138-- Shelton, Brenda; recognizing .....................................................................3315

1696

INDEX

3603

SR 1139-- Taylor, Mary Ellen; recognizing.................................................................3316 SR 1140-- Randolph, Carolyn; recognizing.................................................................3316 SR 1141-- Parker, Amy; recognizing...........................................................................3316 SR 1142-- Campbell, Andi; recognizing......................................................................3316 SR 1143-- Ellison, Sherry; recognizing .......................................................................3316 SR 1144-- Rutledge, Jennifer; recognizing..................................................................3316 SR 1145-- Casleton, Kim; recognizing ........................................................................3317 SR 1146-- Davis, Sara; recognizing.............................................................................3317 SR 1147-- Thompson, Amy; recognizing ....................................................................3317 SR 1148-- Avery, Mr. Gene; recognizing....................................................................3317 SR 1149-- Reynolds, Mr. Jack; recognizing ................................................................3317 SR 1150-- Travers, Mr. Ben; recognizing....................................................................3317 SR 1151-- Vinson, Mr. Tim; recognizing ....................................................................3318 SR 1152-- Hampel, Cheryl; recognizing......................................................................3318 SR 1153-- Oliver, Jennifer; recognizing ......................................................................3318 SR 1154-- Bedingfield, Claire; recognizing ................................................................3318 SR 1155-- Deason, Brenda; recognizing......................................................................3318 SR 1156-- Horne, Jelynn; recognizing.........................................................................3318 SR 1157-- Overby, Deborah; recognizing ...................................................................3319 SR 1158-- Skaff, Susan; recognizing...........................................................................3319 SR 1159-- Pratt-King, Patricia; recognizing ................................................................3319 SR 1160-- McKenzie, Elaine; recognizing ..................................................................3319 SR 1161-- Parker, Pamela; recognizing.......................................................................3319 SR 1162-- Penton, Christina; recognizing ...................................................................3319 SR 1163-- Dunn, Cathy; recognizing...........................................................................3320 SR 1164-- Green, Debbie; recognizing........................................................................3320 SR 1165-- Deal, Kerri; recognizing .............................................................................3320 SR 1166-- Smith, Beth; recognizing ............................................................................3320 SR 1167-- Barringer, Jennifer; recognizing.................................................................3320 SR 1168-- Brogan, Donna Jean; commend..................................................................3320 SR 1169-- Warnock, Carlton; commend......................................................................3320 SR 1170-- Watson, Mr. Joseph Nathan; commend......................................................3321 SR 1171-- Georgia Institute of Technology Beta Alpha Chapter of
Theta Xi; commend ....................................................................................3321 SR 1172-- Thompson, Robert L. and Sally; commend ................................................3321 SR 1173-- Manio, Hildagine; recognize ......................................................................3321 SR 1174-- Toney Elementary School; recognizing......................................................3321 SR 1175-- Doster, Agnes; commend ...........................................................................3324 SR 1176-- Rooks, Jason; commend .............................................................................3546

1697

3604

INDEX

SR 1177-- Lake, Sue; saluting civic and community success......................................3546 SR 1178-- Stelling, Jr. Kessel D.; commend ...............................................................3546 SR 1179-- Boggs, Mr. Frank; recognizing...................................................................3546 SR 1180-- Seigler, Michael; recognizing.....................................................................3547 SR 1181-- Everhart, Sue; recognizing .........................................................................3547 SR 1182-- Smith, Harold; recognizing ........................................................................3547 SR 1183-- Douglass, Mr. Mark; recognizing...............................................................3547 SR 1184-- McGee, Donna Renae "Peanut"; condolences............................................3547 SR 1185-- Georgia Chapter of Sierra Club; recognizing.............................................3547 SR 1186-- Moultrie, Robert L; commend ....................................................................3547 SR 1187-- Townsend, Deena; recognizing ..................................................................3547 SR 1188-- Morton, Mr. Jack; recognizing ...................................................................3547 SR 1189-- Davis, Katherine; recognizing ....................................................................3548 SR 1190-- Lamkin, Mr. William Pierce "Bill"; condolences.......................................3548 SR 1191-- Brake, Sr., Mr. Charles Alfred "Charlie"; honoring...................................3548 SR 1192-- Newnan Utilities; commend .......................................................................3548 SR 1193-- Ballou, Ms. Jennie Frost; condolences .......................................................3548 SR 1194-- Bernknopf, Mary Helen; recognizing.........................................................3548 SR 1195-- Lunceford, Mr. Bobby; recognizing ...........................................................3548 SR 1196-- Tift County 4-H Poultry Judging Team; recognizing.................................3548 SR 1197-- Chesnut, Ashley; recognizing.....................................................................3549 SR 1198-- Tankersley, Daniel; recognizing.................................................................3549 SR 1199-- Stokes, Honorable Connie; recognizing ...........................................3265, 3549 SR 1200-- Brinson, Captain Judson B.; condolences ..................................................3549 SR 1201-- Cubino, Randolpho "Randy"; honoring......................................................3549 SR 1202-- Hanson, Jr., D. Scott; commend .................................................................3549 SR 1203-- Dixon, Mandy; recognizing........................................................................3549 SR 1204-- Improved Benevolent and Protective Order of Elks of
the World; recognizing ...............................................................................3549 SR 1205-- Smith, Rev. William; honoring...................................................................3550 SR 1206-- Lumley, Tony M.; Georgia State Patrol Trooper;
honoring......................................................................................................3328 SR 1207-- Fletcher, Jimmie Ray; remembering...........................................................3550

1698

INDEX
PART II, NUMERIC INDEX HOUSE BILLS AND RESOLUTIONS

3605

HB 20-- Driving Under the Influence; additional penalties; victim compensation awards .....................................................2, 56, 396, 423, 589, 592
HB 45-- Commission on Men's Health; presiding officer; term.......................9, 19, 319
HB 58-- Revenue Laws; erroneous tax lien; correction provisions .............................................................................................170, 177
HB 79-- Education; sales to county school board by member; exception to prohibition.............................................................616, 621, 1662, 1705, 2625, 2903
HB 87-- Bingo; fee for conducting games; increase ......................................9, 19, 1662
HB 88-- Tax Executions; prohibit sales....................................................................9, 19
HB 91-- 2003 Fairness in Arbitration Act; enact............................................................6
HB 114-- Election Superintendent; office to remain open until ballots are counted..............................................................................997, 1018
HB 117-- Unemployment Benefits; eligibility; military transfer of spouse ...............................................................................................9, 20, 1167
HB 158-- Law Enforcement Officer; disabled in line of duty; retention of weapon and badge..............................................1209, 1220, 1664, 1705, 1860, 1869
HB 183-- Tattooing Near the Eye; prohibition; expand exception..........9, 20, 455, 1707, 1709
HB 185-- Drivers' Licenses; certain suspension; limited driving permits ........................................................................................................9, 20
HB 198-- Education; local boards; adopt code of ethics ...........................170, 177, 1491, 1665, 2620, 2645, 2880, 3144
HB 208-- Property Owners' Association Act; change certain provisions; clarify applicability .................................................527, 530, 1493, 1665, 1705, 2625, 2913, 2918, 3148, 3229, 3246, 3451, 3454, 3475, 3537
HB 210-- Condominiums; clarification of provisions ...............................527, 530, 1494, 1665, 1705, 2625, 2919

1699

3606

INDEX

HB 211-- Assistance Dogs; interfering with, assaulting, killing; penalties.....................................................................................616, 621, 1844, 1848, 2622, 2726, 3147
HB 217-- Seat Belts; child restraints; change age .................................1017, 1043, 1672, 2620, 2646, 3229
HB 229-- Guardian and Ward; comprehensive rewrite of provisions ............................................................................389, 394, 585, 606, 2622, 2725, 3152
HB 234-- Superior Court Clerks' Retirement; death of spouse; full benefit restored ......................................................................1209, 1221, 1664, 1705
HB 237-- Comprehensive State-wide Water Planning Management Act; enact; Water Council; create................367, 506, 2190, 2375
HB 239-- County Jail Inmates; earned time allowances............................389, 394, 1017, 1043, 1671, 1675, 1708, 1726, 2374, 2475, 3228, 3231, 3254, 3451
HB 242-- Environmental Policy, Regulation, or Standard; publication of rationale; requirements.................................234, 241, 585, 606, 1709, 1819
HB 259-- Health Benefits; failure to pay; penalty not applicable to cap.......................................................................................................9, 20, 243
HB 263-- Mass Transportation Service; increase limit of state funds ...........................................................................................................9, 21
HB 267-- Teachers Retirement; contribution rate; certain reduction ..................................................................................9, 21, 481, 1709, 1813
HB 274-- Special License Plates; retired reservists or National Guard members .....................................................................1259, 1268, 1704, 1848
HB 287-- Joint County and Municipal Sales Tax; 2% levy by consolidated governments ................................................................................6
HB 300-- Legislative Retirement; General Assembly; membership; prior service ....................................................................600, 604
HB 316-- Persons Supervising Children; criminal background checks; National Crime Information Center.....................................9, 21, 2128
HB 320-- Education; Certified School Social Worker Specialists; salary increase...........................................................................................10, 22
HB 322-- Appeals; judgments and rulings; amend provisions ...................2, 56, 396, 423
HB 326-- Nonprofit Hospitals and Employees; liability insurance; provisions .............................................................................3, 57, 88, 243, 321

1700

INDEX

3607

HB 328-- Local Boards of Education; certain benefits; authorize funds ..........................................................................................311, 318, 1664, 1705
HB 340-- Motor Vehicle for Certain Warden; repeal provisions ..............418, 422, 1228, 1279
HB 341-- HOPE Scholarships; private colleges; certain part-time eligibility.................................................................................................7, 1844
HB 346-- Sales Tax; educational purposes; local boards; performance audit................................................................10, 22, 1842, 1991, 2179, 2623, 2792
HB 359-- Perpetrators of Felonies; local government rewards; remove limitation..................................................................................606, 625
HB 363-- Electronic Textbooks; make available to local boards, schools, and students .................................................................134, 138, 2128, 2154
HB 365-- State Symbols; green tree frog; designate official state amphibian ..................................................................................148, 150, 1228, 1279
HB 366-- Teachers Retirement; reemployment of retired teachers; provisions ............................................................................234, 241, 481, 513, 1707, 1712
HB 373-- Eminent Domain; electric transmission lines; provisions; certain exceptions .................................................70, 86, 107, 112, 172
HB 379-- Cigar and Cigarette Taxes; increase; loose or smokeless tobacco; impose excise tax .........................................................................3, 57
HB 394-- Employees' Retirement; certain prior service; creditable service...............................................................................................1210, 1221
HB 395-- School Attendance Officers; authority; certain peace officers; duties ....................................................................97, 102, 1842, 1848
HB 415-- Sheriffs Engaging in Certain Businesses; violation of oath of office ............................................................................................10, 22
HB 423-- Municipalities; lease property to certain nonprofit corporation................................................................................................10, 22
HB 427-- Elections; direct recording electronic voting systems; amend provisions......................................................................................10, 23
HB 441-- Judicial Retirement; Fulton County State Court judges; membership ...............................................................................311, 318, 1664, 1705, 2620, 2671
HB 472-- Charitable Solicitations; agent registration; amend...................134, 139, 1664, 1705

1701

3608

INDEX

HB 480-- Employees' Retirement; certain members; purchase additional years..........................................................................544, 547, 1168, 1228, 2620, 2655, 2967
HB 482-- Henry County; homestead exemption; base year assessed value....................................................................119, 123, 2921, 2927
HB 484-- Personal Property in Custody of Law Enforcement Agency; disposition ...............................................................1621, 1623, 1647, 1846, 1848, 2622, 2725
HB 495-- Landfill Sites; used for certain construction; required tests .........................................................................................3, 57, 1663, 1705
HB 498-- Employees' Retirement; certain temporary full-time service; credit........................................................................................448, 452
HB 502-- Juvenile Court Judges; compensation from state funds; adjustment............................................................................10, 23, 1227, 2177, 2382, 2696
HB 539-- Individual Deferred Annuities; nonforfeiture amounts; set rates ..................................................................................1470, 1481, 1663, 1705, 2623, 2731, 3153
HB 547-- Surcharges for Certain Public Safety Employees; remove certain limitations ...................................................474, 477, 624, 956, 1709, 1811
HB 557-- Judicial Retirement; certain creditable service.......................1621, 1623, 1647
HB 558-- Athletic and Entertainment Commission; amend provisions .........................................................................................1259, 1268
HB 560-- Motor Vehicles; certificates of title; payment of sales tax .....................................................................................................1470, 1481
HB 585-- Used Car Dealers; surety bond ..................................................448, 453, 1664, 1705
HB 594-- State Employees' Health Insurance; certain community service retirees ..........................................................................................10, 23
HB 595-- War on Terrorism Local Assistance Act; enact........................................10, 24
HB 599-- Appeals; postconviction DNA testing; procedure....................................10, 24
HB 607-- Employees' Retirement; group term life insurance; definition ..........................................................................................1470, 1481
HB 609-- Employees' Retirement; spouse's survivor benefits; change of beneficiaries..........................................................1633, 1636, 1648, 1846, 1848, 2624, 2866
HB 611-- License Plates; disabled veteran; vehicle owned by certain trust .......................................................................................1539, 1606

1702

INDEX

3609

HB 614-- Correctional Institutions; housing certain inmates; reimbursement ..................................................................................10, 24, 320
HB 617-- Clinical Perfusionist; physician's assistants; certain licensures; amend provisions.............................................504, 511, 1663,1705, 2620, 2661, 3226
HB 618-- Magistrates Retirement Fund; create.........................................418, 422, 1168, 1228
HB 626-- Ad Valorem Tax; motor vehicles; exempt veterans organizations.............................................................................................7, 996
HB 645-- Alcoholic Beverages; redefine malt beverage......................180, 196, 364, 387
HB 648-- Poultry Production Contracts; regulate................................171, 177, 955, 977, 2622, 2727, 3172
HB 653-- Cigarettes and Tobacco Products; prohibit possession by minors; exceptions............................................................1620, 1623, 1648, 1844, 1848, 2177, 2385
HB 656-- Deceptive Practices; credit card solicitation; verify address ...................................................................................1298, 1305, 2127, 2154, 2622, 2728, 3159
HB 666-- Local Governments; annual audits; service delivery; change certain amounts and definitions ................................10, 24, 482, 2622, 2730, 3154, 3265
HB 669-- Clay County; homestead exemption; certain residents.....................2541, 2558
HB 677-- Income Tax Refund; setoff debt; probation fees and restitution orders..................................................................148, 150, 319, 397, 1861, 1899
HB 689-- Revenue Bonds; redefine undertaking; remove certain referendum requirement .............................................................................4, 57
HB 697-- Managed Health Care Plans; right to independent review; include state employees .....................................................10, 25, 1843
HB 708-- Fraud, Waste, Abuse in State Operations; whistle blower; prohibit retaliation .......................................................................10, 25
HB 709-- State and Local Taxation, Financing, and Service Delivery Revision Act of 2004; enact .....................................10, 25, 319, 426, 427, 1479, 1737, 2019, 2032, 3190, 3247
HB 712-- Colleges and Technical Schools; textbooks in electronic format ....................................................................................1539, 1606, 1844, 1848
HB 727-- River and Harbor Dredging; beach replenishment................1260, 1268, 1492, 1665, 1708, 1742

1703

3610

INDEX

HB 736-- Ad Valorem Tax Assessments; periods of limitation................474, 478, 1166, 1228, 1709, 1817, 1819, 1860, 1861, 1872
HB 739-- Judges of the Probate Courts Retirement; designated surviving beneficiary .............................................................97, 102, 481, 513, 1709, 1815
HB 746-- Employees' Retirement; forfeited leave; include from prior service ..........................................................................312, 318, 481, 513
HB 753-- Employees' Retirement and Judicial Retirement; prior service as assistant district attorney; service credit ...................578, 582, 1168, 1228
HB 762-- Landlord and Tenant; disposition of tenant's property; landlord's liability ..................................................................1618, 1624, 1648, 1912, 1913, 2621, 2708, 2870
HB 772-- Bingo Games; operation by auxiliary unit of parent organization ....................................................................................10, 25, 1662
HB 778-- Public Transit; buses, rapid rail cars, stations; allow bottled water ...............................................................................................4, 58
HB 794-- Interstate Cooperation; include Southern Legislative Conference............................................................................................418, 423
HB 810-- Superior Court Clerks' Cooperative Authority; fees and records; extend sunset dates ..................................................1471, 1481, 1846, 1848, 1991, 2177, 2386
HB 821-- Municipal Courts; pretrial intervention and diversion programs ...............................................................................171, 177, 606, 625
HB 834-- Ad Valorem Tax; motor vehicles; return in county where functionally located ....................................................1008, 1013, 1277, 1311
HB 838-- Employees' Retirement; certain court administrators; certain service credit.........................................................................1008, 1014
HB 846-- Conform Code references to House and Senate committee names ..............................................................................3177, 3190
HB 865-- Official Frontier and Southeastern Indian Interpretive Center; designate ...................................................................4, 58, 1662, 1705, 1861, 1898
HB 866-- Family and Children Services; county director; serve in multiple counties ........................................................................................4, 58

1704

INDEX

3611

HB 869-- Civil Filings and Criminal Fines; additional charges; repeal certain charges ............................................................1471, 1482, 1671, 1844, 1848, 1990, 2019, 2032, 2114, 2115, 2116
HB 878-- Employees' Retirement; Prosecuting Attorneys' Council; certain prior service credit; provisions ...................98, 102, 481, 513, 1709, 1809
HB 886-- Airports Receiving State Financial Assistance; certain repayment ...................................................................................579, 582, 1848
HB 903-- Open Records; exemption; certain personal information...........................4, 59
HB 914-- Employees' Retirement; reduced retirement allowance and partial lump sum payment; provisions............................98, 103, 396, 423, 589, 593
HB 917-- Teachers Retirement; reduced retirement allowance and partial lump sum payment; provisions...................................98, 103, 396, 423, 589, 596
HB 918-- Bonds and Recognizances; remove court's discretion for certain persons .......................................................................1471, 1482, 1663, 1705
HB 919-- Columbia County; coroner; compensation .......................................2153, 2161
HB 923-- Employees' Retirement and Judicial Retirement; certain membership; creditable service .............................................98, 103, 481, 513, 2621, 2699, 2879, 2938, 3227, 3247, 3281, 3426
HB 932-- Forsyth County; board of registrations and elections; chairperson's compensation .....................................................59, 62, 63, 2153, 2161
HB 935-- Advisory Committee on Seniors and Prescription Drug Costs; establish ......................................................................1472, 1482, 1844, 1848
HB 941-- Liens; treatment, board, or care of animals; change provisions .............................................................................235, 241, 454, 483
HB 949-- McIntosh County; education districts; reapportion ..........................2153, 2162
HB 960-- Perry Industrial Building Authority; repeal constitutional amendment creating...................................................2153, 2162
HB 975-- Fulton County School Employees Pension; cost-ofliving increases ......................................................................1260, 1269, 2153, 2162
HB 976-- Judicial Retirement; certain judges; transfer from Employees' Retirement ...........................................................99, 103, 481, 513

1705

3612

INDEX

HB 984-- Income Tax; job tax credits; less developed areas; certain businesses; enterprise zones ......................................1298, 1305, 1842, 1848, 1991, 2177, 2387, 2410, 2619, 2626, 3227, 3241
HB 986-- Engineer-in-training and Land Surveyor-in-training; certification requirements..................................................99, 104, 1168, 1228, 2624, 2889
HB 987-- Macon, City of; board of water commissioners; amend pension plan...............................................................................135, 139, 1168, 1228, 2621, 2684, 2949
HB 1003-- Residential and General Contractors, State Licensing Board; create..........................................................................1472, 1483, 1845, 1848, 2177, 2410, 2881, 3103, 3181
HB 1011-- HOPE Scholarships; eligibility; schools with certain accreditation ..........................................................................1472, 1483, 1844, 1848, 1991, 2178, 2441
HB 1014-- Stone Mountain Memorial Association; members; requirements .....................................................................................1061, 1069
HB 1021-- Irwin County; commissioner districts; reapportion ..............119, 123, 397, 402
HB 1022-- Trains; operation, whistles, lights; remove certain provisions ...............................................................................1472, 1483, 2154
HB 1026-- Public Officers and Employees; certain property and records; preservation .................................................................987, 993, 1278, 1311, 1708, 1730
HB 1027-- Peace Officers' Annuity and Benefit; creditable service for certain prior service ........................................................................544, 547
HB 1028-- Georgia Hospital Insurance Authority; create .......................1546, 1606, 1843, 1848, 1991, 2123, 2177, 2191, 2372, 2747, 2748, 2786, 2848, 3425
HB 1034-- Employees' Retirement; disability benefits; maximum compensation.........................................................................1009, 1014, 1846, 1848
HB 1035-- Uniform Rules; leaving child unattended in car; fine ......................1546, 1607
HB 1036-- Superior Court Clerks' Retirement; 8 years' service; benefits ..................................................................................1210, 1221, 1846, 1848
HB 1044-- Cochran, City of; corporate boundaries................................474, 478, 977, 980

1706

INDEX

3613

HB 1047-- Soil Scientists Licensing Act of 2004; enact.........................1617, 1624, 1648, 1845, 1848
HB 1048-- Education; required courses in history and government; State Board prescribe.............................................................1472, 1483, 2128, 2154
HB 1055-- Telecommunications; audible universal information access services; blind and print disabled citizens......................235, 241, 1168, 1228
HB 1058-- Parental Leave Act; enact.....................................................................148, 150
HB 1063-- Motorized Cart; redefine; amend provisions.......................171, 178, 244, 321, 403, 416
HB 1068-- School Construction; access to public street or road; provisions .................................................................................106, 1069, 1848
HB 1069-- Freedom of Speech and Right to Petition; certain actionable acts ...........................................................................987, 993, 1663, 1705
HB 1083-- Solid Waste Management; permitting of facilities; certain prohibition .....................................................................390, 394, 1073, 1168, 1671, 1672
HB 1084-- Lumpkin County; homestead exemption; certain residents.....................................................................................119, 123, 1228, 1231
HB 1086-- Bail Bondsmen; allow service as certain elected officials..................................................................................99, 104, 482, 513, 2622, 2748, 3156, 3266
HB 1087-- Motor Vehicle License Fees, Classes, Restricted Plates; amend provisions.......................................................................966, 972, 1277, 1311, 1709, 1820
HB 1089-- Office of Treasury and Fiscal Services; additional powers and duties ......................................................................475, 478, 1166, 1228, 1671, 1674
HB 1093-- Sexual Offender Registry; first offenders; change registration requirements .......................................................1635, 1636, 1649, 1844, 1848, 1991, 2178, 2446
HB 1095-- Spear Fishing in Certain Waters; authorize.........................235, 242, 976, 998, 1861, 1900, 2909, 2936
HB 1101-- Vermiculture; branch of agricultural industry; define...............475, 478, 1166, 1228

1707

3614

INDEX

HB 1103-- Bona Fide Conservation Use Property; notification; expiration of covenants .............................................................504, 511, 1276, 1311, 2624, 2883
HB 1104-- Coffee County; probate judge; nonpartisan elections ..........120, 123, 482, 486
HB 1105-- Sales Tax Exemption; wax and dies used by military ...........1617, 1624, 1649, 2152, 2154
HB 1107-- Bona Fide Conservation Use Property; undeveloped riverside or streamside lands .....................................................952, 954, 1662, 1705, 2178, 2447
HB 1112-- Jones County; board of commissioners; chairperson ................120, 124, 1278, 1284, 1479
HB 1113-- Traffic Control Device Preemption Emitters; prohibit..............390, 395, 1017, 1043, 2624, 2732, 3160
HB 1115-- Garden City Area Convention and Visitors Bureau Authority; create ........................................................................544, 548, 1912, 1916, 1929, 1989, 2666
HB 1117-- Lottery Corporation; legislative oversight committee; conform committee references ............................................312, 319, 480, 513, 2622, 2730, 3161
HB 1118-- Public Officers and Employees; payroll deductions; Higher Education Savings Plan ...........................................149, 151, 319, 397, 1671, 1673
HB 1120-- Johnson County; commissioner districts; reapportion..........135, 139, 512, 517
HB 1121-- Johnson County; education districts; reapportion ................135, 139, 512, 517
HB 1123-- County School Superintendents; employment contract; publication ..................................................................................................1354
HB 1125-- Education; bullying by students; amend provisions .............................505, 511
HB 1127-- Brooklet, City of; new charter ...................................................171, 178, 2541, 2551
HB 1136-- Transportation Infrastructure Bank Act; enact ......................1634, 1636, 1649, 1848, 2178, 2461, 2881, 2907, 3249, 3251, 3528
HB 1137-- Employees' Retirement; Indigent Defense Council; change designation ....................................................................475, 479, 1168, 1228, 1708, 1802
HB 1138-- Smoking in Motor Vehicle With Child in Car Seat; define offense ........................................................................1210, 1222, 1283, 1843, 1848, 1991, 2178, 2448

1708

INDEX

3615

HB 1141-- Dentists and Dental Hygienists; amend provisions ...................505, 512, 1663, 1705, 2622, 2764
HB 1143-- Quitman County; homestead exemption; certain residents................................................................................135, 140, 606, 609
HB 1144-- Randolph County; homestead exemption; certain residents.....................................................................................135, 140, 2153, 2169
HB 1146-- Clay County; homestead exemption; certain residents..............135, 140, 2153, 2169
HB 1147-- Agriculture; commissioner's orders; administrative review ........................................................................................952, 955, 1275, 1311, 2622, 2733, 2967
HB 1150-- Counties; private trespass towing; licenses ............................1631, 1637, 1650
HB 1151-- Education; professional personnel; results of background checks ................................................................1260, 1269, 1842, 1848
HB 1155-- Traffic Offenses; certain right of way violations; penalties.....................................................................................579, 583, 1664, 1705
HB 1156-- Transportation, Department of; appointment of investigators; streetcar pilot projects; provisions ......................171, 178, 1277, 1311, 2624, 2732, 3162, 3428
HB 1158-- Ignition Interlock Devices; limited driving permits; revocation; provisions ...............................................................988, 993, 1663, 1705, 2625, 2898, 3179
HB 1159-- Motor Vehicles; traffic offenses; conviction notification .........390, 395, 1664, 1705
HB 1160-- Interfering With Electronic Monitoring Devices; define offense ..............................................................................................1210, 1222
HB 1161-- Probation Management Act; enact ........................................1211, 1222, 1664, 1705, 2177, 2179, 2697
HB 1162-- Ignition Interlock Device Providers Act; enact .........................988, 994, 1227, 1279, 2625, 2900, 3180, 3232
HB 1164-- Butts County; board of elections and registration; create .........136, 140, 1912, 1916

1709

3616

INDEX

HB 1167-- Architecture; registration to practice; amend requirements ....................................................................................1643, 1650, 1845, 1848, 1991, 2178, 2471
HB 1168-- Drivers' Licenses and Training; vehicle insurance lapse fees; truck identification standards; administrative procedure ...............................................................................1619, 1625, 1650, 1852, 2153, 2154, 2622, 2740, 3180, 3235
HB 1170-- Tax Sales; redemption of property; amend provisions..............545, 548, 1842, 1848
HB 1174-- Uniform Standards Code for Manufactured Homes Act; enact...........................................................................................545, 548, 1664, 1705, 1991, 2624, 2868
HB 1175-- Cosmetology; training programs operated by Department of Corrections; provisions; board membership; amend qualifications............................................235, 242, 1664, 1705, 2620, 2639, 2880, 3105, 3428
HB 1176-- Disabled Persons; redefine; temporary parking permits......172, 178, 396, 423, 1709, 1808
HB 1177-- Drivers' Licenses; suspension; nonresidents; prescribed forms..........................................................................................235, 242, 1167, 1228, 2624, 2889
HB 1179-- Crimes Against Public School Employees; redefine school property; school bus drivers; mandatory training ......1156, 1163, 1842, 1848, 2621, 2717, 3180
HB 1180-- Supplemental Appropriations; FY 2003-2004 ................................. 587, 1017, 1043, 1076, 1079, 1189, 1190, 1208, 1748, 1834
HB 1181-- General Appropriations; FY 2004-2005..........................................1429, 1842, 1848, 1991, 2038, 2114, 2116, 2117, 2122, 3365, 3473
HB 1182-- Work Release Programs; felony sentences; provisions.........1473, 1484, 1663, 1705

1710

INDEX

3617

HB 1184-- Sales Tax Exemption; school supplies; clothing; computers; limited time .........................................................1631, 1637, 1650, 2152, 2154, 2621, 2682
HB 1185-- Natural Resources; conservation rangers; powers; watercraft inspection .................................................................966, 972, 1664, 1705
HB 1186-- Farmers' Markets; license to sell; suspension; prohibition ...........................................................................236, 242, 454, 483, 1708, 1729
HB 1190-- Education Laws; amend provisions.......................................1631, 1637, 1651, 1842, 1848, 2178, 2484, 2747, 2749, 2799, 2849, 3475, 3478
HB 1192-- Georgia Bureau of Investigation; nomenclature; definitions; usage; violations...............................................475, 479, 624, 956, 1709, 1821, 2671
HB 1194-- Child Custody; court appointed custody evaluator; liability.......................................................................................967, 972, 1663, 1705
HB 1195-- Contracts; timely payment; professional services providers ....................................................................................579, 583, 1664, 1705
HB 1206-- Bail Bond Business; allow attorneys to indirectly engage in but not manage .................................................................1156, 1163
HB 1207-- Supplemental Appropriations; revenue shortfall and mid-year adjustment reserve................................................172, 179, 243, 321, 426, 441
HB 1208-- Local Boards of Education and School Councils; amend provisions ..................................................................................236, 243, 2128, 2154
HB 1209-- Dooly County; county administrator; create office ..............193, 195, 956, 958
HB 1215-- Appeals; certain decisions; exempt zoning and land use cases..................................................................................................1473, 1484
HB 1217-- Morgan County; board of education; compensation .................193, 195, 1912, 1916
HB 1223-- Homer, City of; new charter ......................................................193, 195, 1847, 1858
HB 1227-- Jury Duty; exempt certain caregivers and home school teachers ..................................................................................1635, 1637, 1651, 1912, 1913, 2179, 2623, 2766

1711

3618

INDEX

HB 1228-- Voting Precincts; boundaries; gated community or planned unit development......................................................1009, 1014, 1845, 1848
HB 1229-- Cruelty to Children; second degree; nonmerger provision ....................................................................................988, 994, 1912, 1913, 2621, 2711, 2909
HB 1234-- Meat, Poultry, Seafood; mobile sale vehicles; license expiration...................................................................................545, 549, 1166, 1228
HB 1238-- Sales Tax Exemption; overhead materials; certain government contractors .............................................................545, 549, 1276, 1311, 1990, 1995
HB 1239-- Sales Tax; certain refunds; restrictions .....................................580, 583, 1276, 1311, 1990, 1996
HB 1243-- Motor Vehicles; identification rules; comply with federal provisions ......................................................................967, 973, 1167, 1228, 2625, 2897
HB 1245-- Code of Georgia; corrections ................................................1299, 1306, 2153, 2154, 2620, 2634
HB 1246-- Retirement and Pensions Code; corrections ..........................1299, 1306, 1846, 1848, 2620, 2635
HB 1247-- Elections Code; corrections...................................................1299, 1306, 2153, 2154, 2620, 2637
HB 1248-- Motor Carriers; certain 911 service; vehicles and loads; amend provisions.......................................................................600, 605, 1664, 1705, 2624, 2732, 3163, 3472, 3476
HB 1250-- Senior Protection Advisory Council; create ..............................601, 605, 1912, 1913
HB 1253-- Special License Plates; Medal of Honor; surviving spouse retain ..............................................................................601, 605, 1017, 1043, 1671, 1675, 1696, 1708, 1716
HB 1254-- Railroad Crossings; elimination; petition provisions ........475, 479, 998, 1018, 1707, 1711
HB 1258-- Minimum Wage mandates by local governments; preemption; exceptions..........................................................1596, 1607, 1663, 1705, 1861, 1885
HB 1259-- Family Violence and Stalking Offenses; persons convicted; publication of photo .............................................1622, 1625, 1651, 1844, 1848, 1991, 2179

1712

INDEX

3619

HB 1263-- Insurance; service of orders and notices; authorize electronic mail; property insurance; claim against policy; define .........................................................................1062, 1069, 1167, 1228, 1708, 1803, 2374
HB 1265-- Physicians; licenses; temporary postgraduate training permits ...................................................................................1211, 1223, 1663, 1705, 2177, 2184
HB 1266-- Health, Education, and Social Services; certain boards and councils; amend provisions.................................................448, 453, 1663, 1705
HB 1268-- Traffic Control Signal Monitoring Devices; prohibit recording image of driver ..........................................................988, 994, 1277, 1311
HB 1272-- Lottery; online ticket sales; establish Georgia Peach Account.............................................................................................1211, 1223
HB 1274-- Drivers' Licenses; suspension; certain time period ..........................1473, 1484
HB 1277-- Water Resources; irrigation systems; certain shut-off switch.....................................................................................1062, 1070, 1492, 1665, 1861, 1897
HB 1278-- Workers' Compensation; certain claimants; appointment of guardian; settlements.......................................................545, 549, 976, 998, 2620, 2654
HB 1281-- State Agencies; contracts for services; prohibit outside U.S. .........................................................................................1633, 1638, 1652
HB 1282-- Taxes; tobacco products; licensure, definitions, penalties.....................................................................................988, 994, 1166, 1228, 2179, 2623, 2773
HB 1285-- Crimes; opening certain accounts using minor's social security number; define offense ............................................1211, 1223, 1665, 1705
HB 1287-- Motor Vehicles; red or blue lights; restrictions; exemptions........................................................................................1157, 1163
HB 1291-- Cobb County; state court judges and associate judges; compensation.............................................................................390, 395, 1912, 1916, 1989
HB 1295-- State Public Transportation Fund; priority of expenditures and allocation of funds.........................................617, 622, 1492, 1665, 2179, 2623, 2774, 2795, 2908

1713

3620

INDEX

HB 1297-- Indemnification; government employed firefighters; rebuttable presumption ..........................................................1299, 1307, 1844, 1848, 2625, 2912
HB 1299-- Juvenile Justice Reform; training programs; pretrial proceedings; indictment....................................................................1009, 1014
HB 1300-- Utility Contractors and Systems; definitions; licensing and certification requirements; safety training ......................1009, 1015, 1845, 1848, 2624, 2884, 3181
HB 1303-- Perfection of Hospital, Nursing Home, Physician Practice, and Traumatic Burn Care Medical Practice Liens; causes of action liens; change certain provisions ...........546, 549, 1843, 1848, 2179, 2623, 2776, 3159
HB 1304-- Timely Payments for Goods and Services; local governments and boards of education; failing to comply......1299, 1307, 1847, 1848
HB 1310-- Georgia Academic Placement and Promotion Policy; amend certain provisions......................................................................617, 622
HB 1311-- Real Estate Closings; unfair trade practice; licensee conducting closing; remove provision.......................................505, 512, 1168, 1228, 2621, 2697
HB 1312-- Roswell, City of; mayor pro tempore; election .........................449, 453, 2541, 2551
HB 1316-- Muscogee County; school superintendent; public works construction contracts................................................................419, 423, 2153, 2163
HB 1318-- Indigent Defense; Public Defender Standards Council; members ................................................................................1473, 1484, 1844, 1848
HB 1320-- State Employees' Health Insurance; fiscal condition; annual reports .......................................................................580, 583, 976, 998
HB 1321-- Annexation; certain counties; repeal provisions....................1062, 1070, 1847, 1848, 2622, 2730, 3167
HB 1322-- Child Placement; adoption petition; time limit requirement............................................................................1546, 1607, 1912, 1913, 2623, 2765

1714

INDEX

3621

HB 1325-- HOPE Scholarships; eligibility; amend provisions ...............1473, 1485, 1844, 1848, 1990, 2001, 2015, 2126, 2177, 2624, 2849, 2865, 2891, 2907, 3039, 3043, 3295, 3427
HB 1326-- State Government; privatization contracts; revise provisions ...............................................................................1062, 1070, 1913
HB 1327-- Motor Vehicles; racial profiling; prohibit ..............................1300, 1307, 1853
HB 1331-- Courts; mandatory sealing of records; certain circumstances ............................................................................601, 605, 1663, 1705
HB 1335-- Sentence Reduction; review panel; memorandum of decision..................................................................................1300, 1307, 1670, 1912, 1913, 2179, 2623, 2786, 3179, 3231, 3266, 3295
HB 1347-- Child Welfare Agencies; recall notices on unsafe products; provide; certain records checks; amend provisions ..................................................................................967, 973, 1041, 1073, 1709, 1812, 2695
HB 1348-- Insurers; food or refreshments at seminars; provisions.........1157, 1163, 1663, 1705, 2622, 2730, 3168
HB 1350-- Macon County; education districts; reapportion ..................................449, 453
HB 1351-- Macon County; commissioner districts; reapportion............................449, 454
HB 1352-- Utility Facilities Protection; excavating and blasting; amend provisions..............................................................................1010, 1015
HB 1353-- Omega, City of; new charter......................................................449, 454, 1912, 1917
HB 1354-- Public Service Corporations or Utilities; increase certain fees.............................................................................1256, 1258, 1845, 1848, 2621, 2724
HB 1358-- Public Records Disclosure; minors; redact identifying information ................................................................................989, 995, 1073, 1168, 1708, 1733
HB 1359-- Barbers; apprentices; supervision..............................................617, 622, 1664, 1705, 2625, 2905, 2948, 3146, 3265, 3288

1715

3622

INDEX

HB 1362-- Lifetime Sportsman's Licenses; certain nonresidents; provisions ..............................................................................1157, 1164, 1492, 1665, 2178, 2484, 2624, 2732, 3169
HB 1363-- Decatur County; board of elections and registration; create..........................................................................................449, 454, 1847, 1857
HB 1364-- Putnam County; homestead exemption; certain residents.....................................................................................967, 973, 2541, 2558
HB 1365-- Putnam County; homestead exemption; education; base year assessment..........................................................................968, 973, 2541, 2558
HB 1366-- Putnam County; homestead exemption; education; certain residents .........................................................................968, 974, 2541, 2560
HB 1367-- Putnam County; homestead exemption; base year assessment .................................................................................968, 974, 2153, 2169
HB 1370-- Emanuel County; board of elections and registration; create..........................................................................................449, 454, 1912, 1917
HB 1372-- Probate Courts; certain judges; salary increases....................1300, 1308, 1846, 1848
HB 1373-- Pataula Judicial Circuit; change certain terms of court .........1033, 1038, 2153, 2154
HB 1375-- Snellville, City of; city manager; provisions ........................476, 479, 606, 610
HB 1379-- Industrial Hygiene Title Protection Act; enact ......................1211, 1223, 2152, 2154
HB 1382-- Shore Protection and Coastal Marshland Protection Committees; change membership; quorum ...............................968, 974, 1073, 1168, 1708, 1801
HB 1384-- Income Tax Credits; individual development accounts; comprehensive regulation......................................................1546, 1607, 2152, 2154
HB 1390-- Veterans' Homes; executive directors; appointment .................989, 995, 1168, 1228
HB 1391-- Tax Collectors and Tax Commissioners; creditable training.......................................................................................617, 623, 1662, 1705, 1860, 1873
HB 1394-- Athletic Trainers; licensing; exceptions ................................1212, 1224, 1664, 1705, 1861, 1884

1716

INDEX

3623

HB 1406-- Education; core curriculum; conform to national standards ...........................................................................................1474, 1485
HB 1408-- Sewage Holding Tanks; commercial waste; regulation ........1212, 1224, 1492, 1665, 2179
HB 1409-- Sales Tax Exemption; ice; processing and storing poultry and vegetables ...............................................................601, 606, 1842, 1848, 2623, 2731, 3170
HB 1410-- Income Tax; exempt certain organ donation expenses..........1300, 1308, 1662, 1705, 1860, 1874
HB 1414-- Special County 1% Sales Tax; annual publication of audit .......................................................................................1597, 1608, 1633, 2153, 2154, 2625, 2904, 3182, 3266, 3289, 3472
HB 1415-- Hotel-motel Tax; create review board; amend certain provisions ..........................................................................580, 584, 996, 1018, 1671, 1675, 1708, 1725, 1801, 1860
HB 1416-- Bona Fide Conservation Use Property; include wildlife habitat and production ...........................................................1260, 1269, 1662, 1705, 2625, 2895, 3187
HB 1418-- Juvenile Proceedings; juvenile court jurisdiction; change age .............................................................................1619, 1625, 1652, 2154
HB 1424-- Computer Systems; transmission of unsolicited bulk email; prohibit ..........................................................................1617, 1625, 1652
HB 1428-- Home Study Programs; qualifications of tutors ....................1618, 1626, 1653, 1842, 1848, 1991, 2178, 2472
HB 1430-- Natural Gas Marketers; bills; late fees .............................................1010, 1015
HB 1431-- Executions; judgments; cancellation when satisfied .............1260, 1270, 1846, 1848, 2625, 2897, 3183
HB 1437-- State and Local Tax Revision; uniform sales and use tax administration ............................................................................989, 995, 1276, 1311, 1990, 1997
HB 1439-- Catoosa County; superior court clerk; clerical allowance...................................................................................546, 550, 1228, 1231
HB 1440-- Catoosa County; tax commissioner; clerical allowance ............546, 550, 1228, 1231

1717

3624

INDEX

HB 1441-- Controlled Substances; trafficking in ecstacy; define offense ...................................................................................1033, 1038, 1227, 1279, 1709, 1806, 3158
HB 1444-- Income Tax; independent contractors; certain false declarations............................................................................1301, 1308, 1844, 1848, 2625, 2904
HB 1445-- Occupation Taxes; certain exemption; Department of Veterans Service....................................................................1033, 1038, 1168, 1228
HB 1446-- Homestead Exemption; certain veterans; maximum amount ...................................................................................1034, 1039, 1842, 1848, 2625, 2902, 3181
HB 1449-- Dudley, City of; corporate limits ...............................................546, 550, 1042, 1048
HB 1450-- Judicial Emergency Act of 2004; enact.................................1261, 1270, 1665, 1705, 1860, 1876, 2474, 2623, 2796
HB 1451-- Premarital Counseling; financial incentive; marriage licenses ..................................................................................1474, 1485, 1663, 1705, 2621, 2706, 3249
HB 1455-- Trials; continuance; certain judicial service in another court.......................................................................................1034, 1039, 1227, 1279
HB 1456-- Theft; certain offenses involving commercial vehicles; penalties; fines .......................................................................1634, 1638, 1653, 1844, 1848, 2624, 2867
HB 1457-- State Purchasing; vendor requirements; contracts.....................968, 974, 1276, 1311, 1990, 1998
HB 1459-- Sales and Motor Fuel Taxes; dealers and distributors; amend provisions...................................................................1010, 1016, 1166, 1228, 1861, 1906
HB 1461-- Revenue, Department of; certain disclosure; taxpayer records .......................................................................................969, 975, 1276, 1311, 1990, 1999
HB 1489-- Bail; family violence offenses; clarify bond conditions........1632, 1638, 1653, 1913
HB 1494-- Walker County Rural Water and Sewer Authority; amend provisions...................................................................1157, 1164, 1912, 1917

1718

INDEX

3625

HB 1495-- Terrell County Airport Authority; name and membership; change ..................................................................617, 623, 2541, 2551
HB 1496-- Contact Lenses; selling and dispensing; amend provisions ..............................................................................1212, 1224, 1843, 1848
HB 1498-- Charlton County; state court; create ..........................................618, 623, 1912, 1917
HB 1499-- Motor Vehicle Insurance; advance payment requirements ..........................................................................1474, 1485, 1663, 1705, 1860, 1877
HB 1507-- Seed-Capital Fund; comprehensive revision of provisions ..............................................................................1157, 1164, 1662, 1705, 1860, 1878
HB 1510-- Redevelopment; tax allocation districts; amend certain provisions ..............................................................................1547, 1608, 1842, 1848
HB 1511-- Sales Tax Exemption; certain symphony halls......................1261, 1270, 1662, 1705, 1861, 1896
HB 1512-- Chiropractors; board of examiners; additional authority.......1301, 1308, 1663, 1705, 2625, 2897, 3184
HB 1519-- Common-sense Consumption Act; enact ..............................1062, 1070, 1227, 1279, 1708, 1728
HB 1520-- Tax Sales; notice period; redemption amount .......................1474, 1486, 2152, 2154
HB 1526-- Childhood Vaccination Registry; include all persons from birth to death .................................................................1618, 1626, 1653, 1843, 1848, 2178, 2474
HB 1528-- Sales Tax Exemption; certain tangible personal property; certain corporate attractions...................................1301, 1309, 1842, 1848, 2178, 2481
HB 1529-- Industry, Trade, and Tourism, Department of; change name ......................................................................................1212, 1224, 1662, 1705, 1860, 1879,
HB 1531-- Twiggs County; board of education; vacancies.........................969, 975, 1847, 1857
HB 1538-- Henry County; homestead exemption; base year assessed value........................................................................2015, 2033, 2541, 2559

1719

3626

INDEX

HB 1539-- Quality Basic Education; local share funds; equalization grants; midterm adjustment ...................................................1619, 1626, 1654, 2128, 2154
HB 1547-- Student Finance Authority; editorial changes; certain definitions ..............................................................................1475, 1486, 1844, 1848, 2178, 2482
HB 1549-- Special License Plates; Rotary International; Girl Scouts U.S.A. ........................................................................1034, 1039, 1167, 1228, 1708, 1734, 1860, 1865, 2678
HB 1555-- State-wide Reserve Ratio; employer contribution rate; surcharge................................................................................1158, 1164, 1663, 1705, 2620, 2666, 3177, 3473
HB 1558-- Hunting Deer With Dogs; permits; amend provisions ..........1588, 1608, 1845, 1848
HB 1559-- Comprehensive Planning and Service Delivery; local government; amend definition..........................................................1301, 1309
HB 1561-- Local Victim Assistance Programs; funding; amend provisions ..............................................................................1634, 1639, 1654, 1846, 1848
HB 1565-- Municipal Corporations; lease property to nonprofit corporations; recreation .........................................................1632, 1639, 1654, 1847, 1848, 2624, 2874
HB 1567-- Private Probation Services; local governments; agreements.......................................................................................1545, 1608, 1913
HB 1568-- Community Service Boards; retirees; prohibit reemployment; exception..........................................................1620, 1626, 1655, 1846, 1848, 2623, 2731, 3185, 3323, 3324
HB 1569-- Rockmart, City of; new charter .............................................1010, 1016, 1912, 1917, 1934, 1989, 2666
HB 1571-- Nicholson Water Authority; membership; compensation .....1010, 1016, 1912, 1917
HB 1572-- Dillard, City of; corporate limits ...........................................1011, 1016, 1847, 1856

1720

INDEX

3627

HB 1579-- Subsequent Injury Trust Fund; dissolution provisions ..........1632, 1639, 1655, 1844, 1848, 2620, 2638
HB 1580-- Foster Parents Bill of Rights; enact .......................................1620, 1627, 1655, 1842, 1848, 1990, 2000
HB 1582-- Public Funds; certain write-offs; Department of Technical and Adult Education .............................................1213, 1225, 1844, 1848, 2178, 2483, 2623, 2731, 3187
HB 1585-- Cobb County; chief magistrate; compensation......................1034, 1039, 1912, 1918, 1988
HB 1588-- Special License Plates; General Assembly; change certain provisions...................................................................1063, 1071, 1277, 1311
HB 1589-- Clayton County; consolidate police force under office of sheriff ...........................................................................................1034, 1040
HB 1590-- Cedartown, City of; corporate limits .....................................1035, 1040, 2153, 2163
HB 1591-- Cobb Judicial Circuit; judges; supplement............................1035, 1040, 2153, 2163
HB 1592-- Cobb County; tax commissioner; employees' compensation.........................................................................1035, 1040, 2153, 2163
HB 1598-- Business and Occupation Tax; certain construction permits; mail or electronic means..........................................1261, 1270, 1845, 1848, 2621, 2716
HB 1599-- State Service Delivery Regions; change regions 7 and 12 ...........................................................................................1158, 1165, 1847, 1848, 2620, 2642
HB 1601-- Ware County; probate judge; nonpartisan elections..............1035, 1041, 2153, 2171
HB 1602-- Ware County; state court solicitor-general and judge; compensation.........................................................................1035, 1041, 2153, 2171
HB 1603-- Hancock County; homestead exemption; certain residents.................................................................................1036, 1041, 2153, 2169
HB 1604-- Remerton, City of; new charter .............................................1063, 1071, 2153, 2164
HB 1606-- Hall County; homestead exemption; certain survivors..........1063, 1071, 2541, 2560

1721

3628

INDEX

HB 1608-- Hunting and Fishing; honorary licenses; disability certification............................................................................1475, 1486, 1664, 1705
HB 1610-- Cobb County-Marietta Water Authority; immunity; amend provisions..............................................................................1063, 1071
HB 1611-- Marion County; commissioner districts; reapportion ............1261, 1271, 2153, 2164
HB 1612-- Local Sales Tax; special county 1 percent sales tax; water and sewer projects ........................................................1262, 1271, 1662
HB 1615-- Surface and Ground Water; interbasin and intrabasin transfers; regulate ..................................................................1302, 1309, 1845, 1848, 2178, 2483, 2623, 2800, 2814
HB 1617-- Notaries Public; amend provisions; superior court fees ..................1547, 1609, 1912, 1913
HB 1619-- Candler County; probate judge; nonpartisan elections..........1302, 1310, 2153, 2164
HB 1620-- Public Property; restrooms; standards ....................................1635, 1640, 1656
HB 1621-- Elbert County; form of government; advisory referendum.............................................................................1063, 1072, 2153, 2164
HB 1622-- DeKalb County; recorder's court judge; change terms..........1064, 1072, 2153, 2164
HB 1626-- Interscholastic or Intramural Extracurricular Athletic Policy; provisions ..................................................................1629, 1640, 1656, 2128, 2154
HB 1629-- Terrell County; education districts; reapportion....................1158, 1165, 2153, 2165
HB 1630-- Preston, City of; new charter .................................................1158, 1165, 2153, 2165
HB 1632-- Juvenile Proceedings; certain conviction; termination of parental rights ........................................................................1643, 1644, 1656, 1844, 1848, 2620, 2676, 2797, 2869
HB 1650-- Cobb County; state court; add judges....................................1158, 1165, 2541, 2552
HB 1652-- Regional Commission on Homelessness; create ...................1302, 1310, 1912, 1924, 1978, 1989, 2190, 2448, 2746, 2848
HB 1653-- Georgia Commission on the Hard of Hearing; create ...........1622, 1627, 1657, 1843, 1848

1722

INDEX

3629

HB 1656-- Ad Valorem Tax; motor vehicles; exempt Medal of Honor recipients ....................................................................1620, 1627, 1657, 2152, 2154
HB 1659-- Cobb County, deputy clerk of superior court; compensation.........................................................................1213, 1225, 2541, 2552
HB 1660-- Clayton County; state court; impose technology fee .............1213, 1225, 1912, 1918
HB 1661-- Lowndes County Public Facilities Authority; create.............1530, 1540, 2153, 2165
HB 1662-- Smyrna, City of; homestead exemption; certain residents.................................................................................1262, 1271, 2153, 2169
HB 1663-- Odum, City of; certain committees and chairs; mayoral voting.....................................................................................1262, 1272, 2153, 2165
HB 1664-- Fannin County; magistrate court; county law library fees.........................................................................................1262, 1272, 2153, 2165
HB 1666-- Murray County; homestead exemption .................................1475, 1486, 2153, 2170
HB 1667-- Murray County; homestead exemption .................................1475, 1487, 2153, 2170
HB 1668-- White County; water and sewerage authority; membership provisions..........................................................1262, 1272, 2153, 2165
HB 1675-- Gainesville, City of; board of education; elections ...............1263, 1272, 2541, 2552
HB 1676-- Haralson County School Building Authority; create.............1263, 1272, 1847, 1858
HB 1680-- Elbert County; tax commissioner; compensation ..................1263, 1273, 1847, 1856
HB 1681-- Washington, City of; amend provisions ................................1263, 1273, 1912, 1918
HB 1682-- Elbert County; probate judge and superior court clerk; salary......................................................................................1263, 1273, 1847, 1857
HB 1683-- Elbert County; sheriff; compensation....................................1263, 1273, 1847, 1857
HB 1684-- Perry-Houston County Airport Authority; membership........1264, 1273, 1913, 1918

1723

3630

INDEX

HB 1685-- Troup County; state court; solicitor-general..........................1264, 1274, 1913, 1919, 1971, 1989, 2373, 3107
HB 1688-- Lavonia, City of; corporate limits..........................................1302, 1310, 1913, 1919
HB 1693-- Pickens County; magistrate court; county law library fees.........................................................................................1302, 1310, 2153, 2166
HB 1694-- Pickens County; land use ordinance; advisory referendum.............................................................................1302, 1310, 1913, 1919
HB 1695-- Gilmer County; magistrate court; county law library fees.........................................................................................1303, 1311, 1913, 1919
HB 1698-- Education; certain personnel; continuing education online .....................................................................................1303, 1311, 1842, 1848, 2621, 2679
HB 1699-- Gwinnett County; homestead exemption; certain residents............................................................................................1264, 1274
HB 1700-- Bibb County; board of education; school tax provisions ......1264, 1274, 1913, 1919
HB 1702-- Pardons and Paroles; board employees; police powers .........1619, 1627, 1657, 1913, 2620, 2644
HB 1704-- State Program of Health Services; fiscal condition; annual reports .........................................................................1614, 1843, 1848
HB 1705-- Lyerly, City of; homestead exemption; certain residents ......1475, 1487, 1913, 1920
HB 1708-- State Agencies; furloughs or reduction in force; prohibit hiring; exceptions ..................................................................1632, 1640, 1657, 2153, 2154
HB 1709-- Nursing Homes; influenza and pneumococcal vaccinations; offer patients annually.....................................1583, 1609, 1843, 1848, 2624, 2882, 3172
HB 1714-- Service Delivery; funding; comprehensive provisions..........1476, 1487, 1842, 1848
HB 1715-- Western Area Regional Radio System Authority; create ......1476, 1488, 1913, 1920, 1971, 1989, 2745, 3108
HB 1716-- Barrow County; board of elections and registration; create......................................................................................1476, 1488, 2153, 2166, 2172, 2176, 2666

1724

INDEX

3631

HB 1718-- Effingham Family Connection Commission; membership provisions..........................................................1476, 1488, 2153, 2166
HB 1719-- Glascock County; board of education; revise districts ..........1476, 1488, 1913, 1920
HB 1720-- Ambulance Services; reimbursement for Medicaid recipients and indigents .........................................................1476, 1488, 2127, 2154
HB 1721-- Ware County; board of elections; create ...............................1477, 1489, 1913, 1920
HB 1724-- Thunderbolt, City of; homestead exemption; unremarried surviving spouse................................................1530, 1540, 1847, 1854
HB 1725-- Vernonburg, City of; homestead exemption; unremarried surviving spouse................................................1530, 1540, 1847, 1854
HB 1726-- Tybee Island, City of; homestead exemption; unremarried surviving spouse................................................1531, 1541, 1847, 1854
HB 1727-- Port Wentworth, City of; homestead exemption; unremarried surviving spouse................................................1531, 1541, 1847, 1855
HB 1728-- Bloomingdale, City of; homestead exemption; unremarried surviving spouse................................................1531, 1541, 1847, 1855
HB 1729-- Savannah, City of; homestead exemption; unremarried surviving spouse ....................................................................1531, 1541, 1847, 1855
HB 1730-- Garden City, City of; homestead exemption; unremarried surviving spouse................................................1531, 1542, 1912, 1923
HB 1731-- Chatham County and City of Savannah; homestead exemption; unremarried surviving spouse.............................1532, 1542, 1847, 1855
HB 1732-- Pooler, City of; homestead exemption; unremarried surviving spouse ....................................................................1532, 1542, 1847, 1856
HB 1733-- Chatham County; homestead exemption; unremarried surviving spouse ...................................................................1532, 1542, 1847, 1856
HB 1734-- City of East Point Charter Commission; create.....................1477, 1489, 1847, 1857

1725

3632

INDEX

HB 1735-- Griffin, City of; new charter..................................................1477, 1489, 1912, 1921
HB 1736-- Cobb County; board of commissioners; compensation .........1477, 1489, 2921, 2927
HB 1738-- Cobb County; state court; certain costs .................................1477, 1490, 2153, 2166
HB 1743-- License Plates; state and local government vehicles; permanent plates.....................................................................1621, 1628, 1658
HB 1744-- Sales Tax Exemption; nonprofit organizations providing child services.........................................................1633, 1640, 1658, 1842, 1848, 2621, 2681
HB 1745-- Laurens County; magistrate court; chief magistrate; compensation.........................................................................1831, 1838, 2153, 2166
HB 1746-- Emergency 911 Systems; joint authorities; intergovernment contracts .....................................................1616, 1628, 1658, 1845, 1848
HB 1747-- Rabun County; Ridgecrest Hospital facilities; certain compliance..............................................................................1477, 1490, 1847 1856
HB 1748-- Trion, Town of; board of education; powers and duties .......1478, 1490, 2153, 2171
HB 1751-- State Employees' Health Insurance; coverage; certain health centers .........................................................................1630, 1641, 1658, 1842, 1848, 2624, 2870, 3226, 3287
HB 1752-- Carrollton, City of; board of education; independent school system.........................................................................1836, 1839, 2541, 2553, 2561, 2586, 2746
HB 1753-- Gainesville, City of; homestead exemption; certain residents.................................................................................1532, 1543, 1912, 1921
HB 1754-- Griffin, City of; lease municipal property .............................1533, 1543, 1912, 1921
HB 1755-- Sunny Side, City of; council; terms of office ........................1533, 1543, 1912, 1922
HB 1756-- Ball Ground, City of; corporate limits...................................1835, 1839, 2541, 2553
HB 1757-- Coweta County; state court; continuation .............................1533, 1543, 1912, 1922

1726

INDEX

3633

HB 1762-- Fannin County; homestead exemption; base year assessed value........................................................................1697, 1701, 2153, 2170
HB 1763-- Rome, City of; school building authority; create...................1533, 1544, 1912, 1922
HB 1764-- Fannin County; homestead exemption; certain residents ......1697, 1701, 2153, 2170
HB 1766-- Agriculture Commodity Commission on Beef; provisions; Pacific White Shrimp Aquaculture Development Act; enact ........................................................1635, 1641, 1659, 1841, 1848, 2178, 2484, 2623, 2814, 2948, 3146, 3228, 3251, 3328, 3474
HB 1768-- Floyd County; homestead exemption; certain residents ........1533, 1544, 1912, 1922
HB 1770-- Floyd County; homestead exemption; certain residents ........1534, 1544, 1912, 1923
HB 1771-- Crawford County; board of elections and registration; create.......................................................................................1534, 1545 1912, 1923
HB 1773-- Turner County; board of education; compensation ...............1534, 1545, 1912, 1923
HB 1774-- Holly Springs Parks and Recreation Authority; create..........1534, 1545, 2541, 2553
HB 1775-- Income Tax Credit; certain motion picture production investments ............................................................................1589, 1609, 2152, 2154
HB 1776-- Cobb County; chief deputy sheriff, chief investigator, executive assistant; compensation.........................................1698, 1701, 2153, 2167
HB 1777-- Jeff Davis County Public Facilities Authority; create ...........1698, 1702, 2153, 2167
HB 1778-- Pooler, City of; new charter...................................................1835, 1839, 2541, 2553
HB 1780-- Guyton, City of; corporate limits...........................................1698, 1702, 2541, 2553
HB 1781-- Guyton, City of; corporate limits; referendum ......................1698, 1702, 2541, 2554
HB 1782-- Dalton, City of; homestead exemption; certain residents......1698, 1702, 2153, 2171

1727

3634

INDEX

HB 1783-- Dalton, City of; homestead exemption; certain residents; referendum ............................................................1699, 1702, 2153, 2171
HB 1784-- East Dublin, City of; corporate limits....................................1699, 1703, 2153, 2167
HB 1786-- Macon, City of; community improvement districts; provisions ..............................................................................1699, 1703, 2541, 2554, 2573, 2586, 2746
HB 1787-- Columbia County; board of education; chairperson; nonpartisan election...............................................................1699, 1703, 2153, 2167
HB 1788-- Gray, City of; corporate limits...............................................1699, 1703, 2153, 2168
HB 1789-- Lee County Parks and Recreation Authority; create .............1699, 1703, 2153, 2168
HB 1793-- Torts; limiting liability of free health clinics; provide ..........1630, 1641, 1659, 1843, 1848, 2621 2715
HB 1794-- Carnesville, City of; new charter...........................................1831, 1839, 2541, 2554
HB 1795-- Carroll County; education districts; reapportion ...................1835, 1839, 2153, 2168
HB 1796-- Stephens County Historic Courthouse Restoration Authority; create ....................................................................1831, 1840, 2542, 2554
HB 1797-- Waleska, City of; corporate boundaries; municipal powers; amend provisions .....................................................1832, 1840, 2542, 2554
HB 1798-- Rome, City of; homestead exemption; certain residents .......1832, 1840, 2541, 2559
HB 1801-- Bowman, City of; city council; mayor; amend provisions ..............................................................................1832, 1840, 2541, 2555
HB 1802-- Lakeland-Lanier County; unification of existing governments; provisions........................................................1835, 1841, 2153, 2172
HB 1810-- Holly Springs, City of; redevelopment powers .....................1835, 1841, 2541, 2555
HB 1811-- Candler County Public Building Authority; create ...............1836, 1841, 2921, 2928
HB 1814-- Cherokee County; redevelopment powers........................................2015, 2033

1728

INDEX

3635

HB 1815-- Woodstock, City of; corporate limits ....................................2015, 2033, 2921, 2928
HB 1816-- Brantley County; residential waste; advisory referendum.............................................................................2015, 2033, 2541, 2555
HB 1817-- Jackson County; education districts; reapportion..................2016, 2034, 2541, 2555
HB 1818-- Mitchell, Town of; new charter .............................................2016, 2034, 2541, 2556
HB 1819-- Pike County; office of county manager.................................2016, 2034, 2541, 2556
HB 1820-- Columbia County; certain officials; health insurance program..................................................................................2016, 2034, 2921, 2928
HB 1821-- Glynn County; homestead exemption; certain surviving spouse ....................................................................................2016, 2035, 2541, 2559
HB 1822-- Pickens County; board of education; certain per diems ........2017, 2035, 2541, 2556
HB 1823-- Alpharetta, City of; mayor and council members; compensation.........................................................................2017, 2035, 2541, 2556, 2584, 2586, 2746, 2937
HB 1824-- Rockmart, City of; homestead exemption; certain residents.................................................................................2017, 2036, 2541, 2559
HB 1825-- Glynn County; homestead exemption; unremarried surviving spouse ....................................................................2037, 2122, 2541, 2560
HB 1826-- Glynn County; repeal constitutional amendment; referendum.............................................................................2037, 2123, 2541, 2557
HB 1827-- Forsyth County; board of commissioners; compensation and expenses payable.............................................................2017, 2036, 2921, 2928
HB 1828-- Metter, City of; mayor and city manager; powers and duties......................................................................................2017, 2036, 2153, 2172
HB 1829-- Clayton, City of; corporate limits ..........................................2018, 2036, 2541, 2557
HB 1830-- Carrollton, City of; school tax levy; provisions ...............................2018, 2036
HB 1831-- Alpharetta Building Authority; create ...................................2018, 2037, 2541, 2557

1729

3636

INDEX

HB 1832-- Marietta, City of; homestead exemption; disabled residents............................................................................................2159, 2160
HB 1833-- Lamar County Livestock and Agriculture Exposition Authority; membership..........................................................2159, 2160, 2921, 2929

1730

INDEX HOUSE RESOLUTIONS

3637

HR 90-- Veterans Memorial Highway; designate; Banks County veterans; commend ...................................................................................11, 26
HR 104-- Jack Connell Parkway; designate .............................................................11, 26
HR 132-- Keith Kalland Memorial Highway; designate .....................11, 26, 1279, 1707, 1715, 1729, 1824, 2374, 2461, 2678, 2698, 2941, 2967
HR 228-- Cosmetic Dental Coverings; urge removal of unlicensed providers .........................................................................................11, 26, 1843
HR 257-- Robert Ray Parkway; designate................................................................11, 26
HR 263-- Subsequent Injury Trust Fund Joint Study Committee; create.........................................................................................................11, 27
HR 398-- Purple Heart Highway; designate portion of State Route 232 .....................................................................................953, 955, 998, 1018, 1708, 1732
HR 591-- Rosa Proctor Intersection and Robert L. and Sally Thompson Intersection; designate; Battlefield Parkway; dedicate portion to memory of Baxter Shavers ................................3262, 3472
HR 614-- Georgia War Veterans Nursing Home Trust Fund; create; special plates - CA ....................................................................172, 179
HR 940-- Mayor George Merron Peters Memorial Highway; designate ....................................................................................989, 996, 1492, 1665, 2587
HR 942-- Joint Session; address by President of United States ...............................49, 61
HR 943-- Notify Senate; House convened .......................................................................2
HR 944-- Adjournment; relative to..........................................................27, 28, 118, 147, 192, 310, 417, 473, 526, 951
HR 945-- Joint Session; message from Chief Justice of Supreme Court .................................................................................................27, 29, 107
HR 985-- Hunting and Fishing; preserve citizens' rights - CA.............172, 179, 976, 998
HR 1045-- Marietta Fire Department; commend on 150 years of service...................................................................................................149, 154
HR 1095-- Low Income Building Projects; separate classification; ad valorem taxes CA ..............................................................969, 975, 1276, 1311
HR 1096-- Schools; health education and physical activity; urge funding...................................................................................1264, 1274, 1842, 1848

1731

3638

INDEX

HR 1190-- John Pelham Memorial Parkway; designate..............................618, 623, 1492, 1665, 2587
HR 1191-- Purple Heart Highway; designate ......................................953, 955, 998, 1018, 1708, 1731
HR 1195-- Family, Career and Community Leaders of America Week in Georgia; recognize February 8-14, 2004 ...............................419, 426
HR 1262-- Burke (Star) Veterans Parkway; designate............................1265, 1274, 1492, 1665, 2587
HR 1266-- Adjournment; relative to...............................................................................500
HR 1308-- Atlanta Regional Commission; certain counties; ratify partial incorporation ..................................................................990, 996, 1847, 1848, 2177, 2381
HR 1322-- Special License Plates; revenue dedication; certain nonprofit organizations - CA............................................................1159, 1165
HR 1341-- Bruton Smith Parkway; designate .........................................1265, 1275, 1492, 1665, 1707, 1714
HR 1343-- U.S. Constitution; prior calls for convention to amend; rescind and repeal ..................................................................1478, 1490, 1704, 1848, 2621, 2713
HR 1346-- Education; standard grading system for K-12; urge Board study issue..............................................................................1064, 1072
HR 1349-- Rembert Olen McAfee Bridge; designate .............................1214, 1226, 1848, 2587
HR 1373-- Julien B. Roddenbery, Sr. Memorial Drive; designate..........1303, 1311, 1848, 2587
HR 1400-- Adjournment; relative to............................................................969, 980, 1032, 1155
HR 1402-- Regional Development Centers; ratify boundaries................1159, 1166, 2153, 2154, 2622, 2763
HR 1404-- Joy N. Kleeman Memorial Bikeway; designate ....................1265, 1275, 1848, 2587
HR 1420-- Uncompensated Trauma Care; trust fund to pay hospitals CA .......................................................................1617, 1628, 1659, 1843, 1848
HR 1425-- Solid Waste and Hazardous Water Response Trust Fund; create CA..................................................................1633, 1641, 1660, 1845, 1848
HR 1440-- Bill Conn Parkway; designate ...............................................1630, 1642, 1660, 1848, 2587
HR 1454-- Max R. Davey Bridge; designate...........................................1633, 1642, 1660, 1848, 2587
HR 1455-- C. L. Mapp Bridge; designate................................................1630, 1642, 1660, 1848, 2587

1732

INDEX

3639

HR 1456-- Chief J. A. Fountain Bridge; designate .................................1622, 1629, 1660, 1848, 2587
HR 1460-- Bob Fulton Memorial Highway; designate ...........................1622, 1629, 1661, 1848, 1991, 2587
HR 1469-- Forrest "Preacher" Sawyer Memorial Parkway; designate ................................................................................1622, 1629, 1661, 1848, 2587
HR 1471-- Adjournment; relative to........................................................1201, 1206, 1208, 1258, 1297
HR 1472-- Johnny Wayne Spivey Bridge; designate ..............................1623, 1629, 1661, 1848, 2588
HR 1473-- Ricky L. Crockett Bridge; designate .....................................1630, 1642, 1661, 1848, 2588
HR 1530-- Aaron Cohn Regional Youth Detention Center; designate ................................................................................1631, 1642, 1661, 1913, 2588
HR 1575-- Adjournment; relative to........................................................1297, 1314, 1468, 1615, 1696
HR 1577-- Troup County; collection of ad valorem taxes; urge to resolve dispute .......................................................................1700, 1704, 2153, 2168
HR 1729-- Adjournment; relative to...................................................................1743, 1826
HR 1732-- Adjournment; relative to...................................................................1859, 2125
HR 1819-- Adjournment; relative to.............................................................................2373
HR 1935-- Take a Loved One to the Doctor Day; recognize 9/21/04..............................................................................................3187, 3311

1733

3640

INDEX

1734

3641

INDEX

PART III ALPHABETIC INDEX -- 2004 SESSION
A
ABANDONMENT, CHILD Abandoned Child Protection Act; newborns left at medical facilities; penalty .......... SB 186
ABANDONMENT, MOTOR VEHICLES Motor Vehicles; abandoned; liens; specify the conditions.......................................... SB 404 Motor Vehicles; remove vehicles in traffic accidents from all public roads .............. SB 525
ABORTION Abortion; proper identification to physician; minor's parent or guardian ................... SB 240 Woman's Right to Know Act; Medical Consent Law; abortion procedures; 24 hour waiting period following disclosure................................................................. SB 23
ACCOUNTANTS Registered Public Accountants; certification as CPA; repeal provisions ................... SB 449
ADAMS, MAYOR OF ALBANY, DR. WILLIS: addressed Senate .................... Page 2785
AD VALOREM TAX (Also see Taxation and Revenue) Ad Valorem Tax Millage Rate/Property Value; limitations on increases ................... SR 581 Ad Valorem Tax; assessment; taxpayer appeals; refunds; interest amount ................ SB 161 Ad Valorem Tax; assessments; periods of limitation..................................................HB 736 Ad Valorem Tax; exempt biotechnology property; provide referendum .................... SB 556 Ad Valorem Tax; freeport personal property inventory exemption; renewal ............. SB 453 Ad Valorem Tax; freeze existing residential property values until sold; appraise at fair market value ....................................................................................... SR 311 Ad Valorem Tax; homestead exemption applications; change provisions ................. SB 575 Ad Valorem Tax; member of armed forces; time extensions...................................... SB 393 Ad Valorem Tax; motor vehicles; exempt Medal of Honor recipients.....................HB 1656 Ad Valorem Tax; motor vehicles; exempt veterans organizations .............................HB 626 Ad Valorem Tax; motor vehicles; return in county where located .............................HB 834 Ad Valorem Tax; personal property tax exemption; increase; referendum ................ SB 454 Ad Valorem Tax; property taxation; change definitions............................................... SB 58 Ad Valorem Tax; statewide homestead exemption; increase amount........................... SB 41 Atlanta, City of; homestead exemption; ad valorem taxes.......................................... SB 613 Bona Fide Conservation Use Property; include wildlife habitat; production ...........HB 1416 Bona Fide Conservation Use Property; notification; expiration of covenants..........HB 1103 Bona Fide Conservation Use Property; undeveloped riverside/streamside lands...........................................................................................................................HB 1107

1735

3642

INDEX

Election; qualifying fees; county officials; calculation .............................................. SB 153 Forest Park, City; homestead exemption for municipal purposes ............................... SB 615 Homestead Exemption; certain veterans; maximum amount ....................................HB 1446 Kemp, DeLoach, Williams County Tax Relief Act; Liberty county; homestead exemption for county purposes ................................................................. SB 601 Local School Tax; five mill share funds; calculations .................................................. SB 99 Local School Tax; five mill share funds; increased student population; capital expenditures..................................................................................................... SB 100 Local School Tax; five mill share; Ad Valorem Taxes for school purposes .............. SB 573 Low Income Building Projects; separate classification; ad valorem taxes ...............HR 1095 Nuisance Abatement Liens; collection procedures; foreclosures................................ SB 182 Statewide Homestead Exemption Grants; mandated appropriation.............................. SR 36 Tax Collectors/Commissioners; creditable training ..................................................HB 1391 Troup County; collection of ad valorem taxes; urge to resolve dispute....................HR 1577
ADJOURNMENT Adjournment; relative to .............................................................................................HR 944 Adjournment; relative to ...........................................................................................HR 1266 Adjournment; relative to ...........................................................................................HR 1400 Adjournment; relative to ...........................................................................................HR 1471 Adjournment; relative to ........................................................................................... SR 1101
ADMINISTRATIVE PROCEDURE Administrative Law Judge; contested cases; submission of testimony....................... SB 319 Agriculture; commissioner's orders; administrative review ......................................HB 1147 Building Codes; state minimum codes; delete obsolete provisions; redefine ............. SB 550 Electric Utilities; eminent domain proceedings; Transmission Facility Siting Act; Electric Utility Infrastructure Planning Study Committee .................................. SB 359 Eminent Domain; condemnation; electric power plants, power lines......................... SB 267 Environmental Policy; regulation; publication of rationale; requirements .................HB 242 Environmental Policy; regulatory decisions; publication requirements...................... SB 172 Ethics, State Commission; powers; campaign contribution disclosure; accounting procedures; reported violations................................................................. SB 168 Ethics; conflicts of interest; code of ethics for government service; lobbying, nepotism, gifts, campaign contributors; comprehensive revisions.............................. SB 108 Georgia Seniors Prescription Drug Benefit Program Act; establish ........................... SB 112 Industry, Trade and Tourism Department; acquire personal property; general provisions .................................................................................................................... SB 531 Registered Public Accountants; certification as CPA; repeal provisions ................... SB 449 Regulatory Reform Act; rule making by Department of Community Health ............. SB 361 School Readiness; change name to Bright from the Start; revise ............................... SB 456

1736

3643

INDEX

ADMINISTRATIVE SERVICES, DEPARTMENT OF Cigar/Cigarette Taxes; increase; loose/smokeless tobacco; impose excise tax ..........HB 379 Industry, Trade and Tourism Department; acquire personal property; general provisions .................................................................................................................... SB 531 Local Government or Board of Education; contracts; bid opportunity advertisements; Georgia Procurement Registry .......................................................... SB 342 Minority Business Enterprises; certification procedure defined in federal law ............................................................................................................................... SB 115 Public Works; prohibit state from requiring contractor to labor agreement ............... SB 599 State Purchasing; vendor requirements; contracts.....................................................HB 1457 Wages Paid by State Contractors/Subcontractors; living wage requirement .............. SB 303
ADOPTION Adoptions/Child-Placing Agencies; records access; birth records; practices ............... SB 55 Child Placement; adoption petition; time limit requirement .....................................HB 1322 Children; prohibit the sale or offer for sale of a child by parent or guardian.............. SB 281 Vital Records; birth certificate in legitimations, paternity, adoptions......................... SB 263
ADVERTISING Children; prohibit the sale or offer for sale of a child by parent or guardian.............. SB 281 Highways; billboards; repeal tree trimming permits; change provisions to Roadside Enhancement and Beautification Council ................................................... SB 334
AGRICULTURE Agricultural Water Conservation Incentive Program; create ...................................... SB 436 Agriculture Commodity Commission on Beef; provisions; Pacific White Shrimp Aquaculture Development Act; enact...........................................................HB 1766 Agriculture; commissioner's orders; administrative review ......................................HB 1147 Animals; equines; inspection warrants, impoundment; change provisions................. SB 572 Agriculture; protection/preservation; unreasonable regulation; encroachment .......... SR 882 Carbon Sequestration Registry Act; provide information system of registry.............. SB 356 Cigarettes/Tobacco Products; prohibit possession by minors; exceptions..................HB 653 Community Greenspace Preservation; definitions; land use as cemetery................... SB 505 Comprehensive State-Wide Water Planning Management Act; enact; Water Council; create.............................................................................................................HB 237 Conform Code; references to House and Senate committee names............................HB 846 Farmers' Markets; license to sell; suspension; prohibition........................................HB 1186 Forest Heritage Trust Act; advisory role for State Forestry Commission................... SB 480 Georgia Smokefree Air Act; prohibit smoking in certain facilities/areas; penalties....................................................................................................................... SB 507 Industry, Trade and Tourism Department; acquire personal property; general provisions .................................................................................................................... SB 531 Motor Vehicle License Fees, Classes, Restricted Plates; amend provisions.............HB 1087

1737

3644

INDEX

Motor Vehicle License; fees and classes of agricultural vehicles; definitions ............. SB 59 Natural Gas Poultry Production; rules with respect to charges................................... SB 118 Nuisance Abatement Liens; collection procedures; foreclosures................................ SB 182 Poultry Production Contracts; regulate .......................................................................HB 648 Property Involved With Illegal Drug Activities; enhanced penalties.......................... SB 324 Soil Erosion/Sedimentation; buffers along banks of all state waters; rules ................ SB 483 Vermiculture; branch of agricultural industry; define...............................................HB 1101 Water Resources; comprehensive state water planning to control pollution and surface-water use; ground-water permits; river basin plans................................. SB 180
AIR POLLUTION (Also see Environmental Protection) Air Pollution Control/Prevention; local boards of education; rules/regulation........... SB 536 Environmental Policy; regulatory decisions; publication requirements...................... SB 172
ALBANY, CITY OF Albany, City; Mayor Tommy Coleman; commend ..................................................... SR 972 Albany, City; Mayor-elect Willie Adams, Jr.; commend ............................................ SR 971 Alcoholic Beverages; defective products exchange or return; product samples ........................................................................................................................ SB 352 Alcoholic Beverages; redefine malt beverage.............................................................HB 645 Alcoholic Beverages; Sunday package sales............................................................... SB 300 Driving Under the Influence; additional penalties; victim compensation awards............................................................................................................................HB 20 DUI; prohibitions, punishment; revise and harmonize provisions................................ SB 75 Law Enforcement Officer; disabled in line of duty; retention of weapon/badge..............................................................................................................HB 158
ALCOHOLIC BEVERAGES (Also see Commerce; DUI; Motor Vehicles) Alcoholic Beverages; redefine malt beverage.............................................................HB 645 Alcoholic Beverages; Sunday package sales............................................................... SB 300 Law Enforcement Officer; disabled in line of duty; retention of weapon/badge..............................................................................................................HB 158
ALCOHOLISM, DRUG DEPENDENCY OR ABUSE Controlled Substances; regulate opioid treatment; dangerous drug; change provisions .................................................................................................................... SB 502 Controlled Substances; trafficking in ecstacy; define offense ..................................HB 1441 Driving Under the Influence; additional penalties; victim compensation awards............................................................................................................................HB 20
ALIENS ( Also see Nonresidents) Counties/Municipal Corporations; resettlement of refugees; general provision...................................................................................................................... SB 399

1738

3645

INDEX

Drivers' Licenses/Auto Insurance; forms of ID for noncitizens from FTAA member countries ........................................................................................................ SB 181 State Government; eligibility of services based on citizenship; provide evidence....................................................................................................................... SB 581 Stopping of Motorist by Law Enforcement; probable cause; racial profiling restrictions; officer training........................................................................................... SB 95
ALIMONY AND CHILD SUPPORT; ENFORCEMENT Child Support; computation of award, guidelines, income deduction orders ............... SB 17 Divorce; grounds; extend time frame; effect of legal separation on children; statistics ....................................................................................................................... SB 298 Drivers' Licenses/Auto Insurance; forms of ID for noncitizens from FTAA member countries ........................................................................................................ SB 181
ALPHARETTA, CITY OF Alpharetta Building Authority; create .......................................................................HB 1831 Alpharetta, City of; mayor and council members; compensation .............................HB 1823
ANATOMICAL GIFT ACT Income Tax; exempt certain organ donation expenses .............................................HB 1410
ANIMALS Animals; equines; inspection warrants, impoundment; change provisions................. SB 572 Assistance Dogs; interfering with, assaulting, killing; penalties ................................HB 211 Conform Code; references to House and Senate committee names............................HB 846 Deer Hunting With Dogs; licenses/permits; nonrenewal; right to a hearing .............. SB 406 Liens; treatment, board, or care of animals; change provisions..................................HB 941 Special License Plates; revenue dedication; certain nonprofit organizations ...........HR 1322
ANNUITIES; ANNUITY AND PURE ENDOWMENT CONTRACTS Individual Deferred Annuities; nonforfeiture amounts; set rates................................HB 539
APPEAL AND ERROR Appeals; certain decisions; exempt zoning and land use cases.................................HB 1215 Appeals; judgments and rulings; amend provisions....................................................HB 322 Appeals; postconviction DNA testing; procedure.......................................................HB 599 Supersedeas Bonds; provide for other types of security ............................................. SB 411
APPELLATE COURT Appeals; certain decisions; exempt zoning and land use cases.................................HB 1215 Criminal Procedure; demand for trial; time expiration; appeals ................................... SB 45 Employees Retirement; secretaries of appellate/ superior court judges, DAs; creditable service........................................................................................................... SB 98

1739

3646

INDEX

Ethics Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments............................................................ SB 109 Joint Session; Governor's Message; inviting Justices of Supreme Court and Court of Appeals ......................................................................................................... SR 567 Sheriff, Office of; nonpartisan elections ....................................................................... SB 26
APPLING COUNTY Designate; Woodpecker Trail Highway; 10 counties.................................................. SR 843
APPROPRIATIONS AND FISCAL AFFAIRS Annual Reports, Budgets, Audits; available to General Assembly; notification .................................................................................................................. SB 431 Budget Act; continuation budget report; apply zero-base budgeting.............................. SB 8 General Appropriations; FY 2004-2005....................................................................HB 1181 Hospital Care for Nonresident Indigents; reimbursement by counties; accounting of funds ..................................................................................................... SB 171 Limitation on State Taxation, Spending, and New or Expanded Activities; revenue limits; excess revenues; emergencies ............................................................ SR 163 Sales Tax on Motor Fuel; proceeds for local assistance road programs ..................... SR 159 State Employee's Retirement; development and implementation of options; early retirement incentives .......................................................................................... SB 126 State Official Salaries; General Assembly members and Lieutenant Governor; 10% salary reduction................................................................................... SB 76 Supplemental Appropriations; FY 2003-2004 ..........................................................HB 1180 Supplemental Appropriations; revenue shortfall and mid-year adjustment reserve .......................................................................................................................HB 1207 Taxpayers' Dividend Act; restrict amendments that increase appropriations ............. SR 160
AQUACULTURE DEVELOPMENT Agriculture Commodity Commission on Beef; provisions; Pacific White Shrimp Aquaculture Development Act; enact...........................................................HB 1766
ARCHAEOLOGY Archeologists; certain submerged artifacts; exemption against disturbing................. SB 140
ARCHITECTS Architecture; registration to practice; amend requirements ......................................HB 1167
ARNOLD, COUNCILWOMAN OF FAIRBURN, FRANKIE; introduced .......... Page 71
ARREST OF PERSONS (Also see Warrants) Home Arrest Program; authorize additional types of supervision; change qualifications ............................................................................................................... SB 487

1740

3647

INDEX

ARSON Arson or Explosives Used During Commission of a Felony; penalties ...................... SB 184 Life Without Parole; imposed in certain cases under certain circumstances .............. SB 149
ARTS Sales Tax Exemption; certain symphony halls..........................................................HB 1511 Science, Arts, and Cultural Services, Funding of; Study Committee; create.............. SR 325
ARTS; ART IN STATE BUILDINGS Annual Reports, Budgets, Audits; available to General Assembly; notification .................................................................................................................. SB 431
ASBESTOS SAFETY ACT Environmental Policy; regulatory decisions; publication requirements ..................... SB 172
ASSAULT AND BATTERY Family Violence and Stalking Offenses; persons convicted; photo publication .................................................................................................................HB 1259 Theft; certain offenses involving commercial vehicles; penalties; fines ..................HB 1456 Torts; immunity; medical/ forensic examiners of sexual assault victims...................... SB 25
ATHENS, CITY OF Athens First Bank and Trust Company; commend ..................................................... SR 888
ATHLETIC TRAINERS Athletic Trainers; licensing; exceptions ....................................................................HB 1394 Health Care Protection Act; health care licensing violations; penalties ..................... SB 162
ATLANTA, CITY OF Atlanta and Fulton County Recreation Authority; limitation of powers ..................... SB 230 Atlanta Job Corps Center; honoring.......................................................................... SR 1076 Atlanta, City of; jurisdiction of municipal court; City Court of Atlanta ..................... SB 498 Atlanta, City of; homestead exemption; ad valorem taxes.......................................... SB 613 Atlanta, City of; independent school district; taxes for educational purposes ........... SB 612 Fulton County Library System; specify name; membership ....................................... SB 231 Regional Commission on Homelessness; create .......................................................HB 1652
ATTORNEY GENERAL Airport Operations Board; local government; transfer of authority............................ SB 390 Attorney General; prosecution of sentenced persons; general provisions .................. SB 424 Attorney General; use of outside counsel; conditions and limitations ........................ SB 433 Attorney General; actions against state; Governor power to appoint legal counsel......................................................................................................................... SB 494

1741

3648

INDEX

Internet/Computer Safety Act; enact; offenses relating to internet contact with a child .................................................................................................................. SB 103 Revenue Bonds; issuance of obligations; change certain provisions .......................... SB 274 Senior Protection Advisory Council; create ..............................................................HB 1250
ATTORNEYS (Also see Courts; Civil Practice; Criminal Proceedings) Bail Bond Business; allow attorneys to indirectly engage in but not manage ..........HB 1206 Civil Actions; attorney's fees/expenses of litigation; awarded to prevailing party; clarify unjustified claims or positions ............................................................... SB 335 Civil Practice; Frivolous Litigation Prevention Act.................................................... SB 225 Juvenile Justice Reform; training programs; pretrial proceedings; indictment.........HB 1299 Real Estate Closings; unfair trade practice; licensee conducting closing; remove provision.......................................................................................................HB 1311 Trials; continuance; certain judicial service in another court....................................HB 1455
AUGUSTA, CITY OF Augusta Canal Authority; change definition............................................................... SB 617
AUTHORITIES Georgia Hospital Insurance Authority; create...........................................................HB 1028 Office of Treasury and Fiscal Services; additional powers and duties .....................HB 1089 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ..................................................... SB 273 Stone Mountain Memorial Association; members; requirements .............................HB 1014 Student Finance Authority; editorial changes; certain definitions ............................HB 1547 Transportation Infrastructure Bank Act; enact..........................................................HB 1136 War on Terrorism Local Assistance Act; enact...........................................................HB 595
AVIATION Airport Operations Board; local government; transfer of authority............................ SB 390 Airports Receiving State Financial Assistance; certain repayment.............................HB 886 Arson or Explosives Used During Commission of a Felony; penalties ...................... SB 184 Emergency Medical Services; air ambulance; licensure; regulation (PF)....................... SB 4 Georgia's Transportation Needs, Study Committee; create......................................... SR 422 Life Without Parole; imposed in certain cases under certain circumstances .............. SB 149 Property Involved With Illegal Drug Activities; enhanced penalties.......................... SB 324 Sales Tax Exemption; overhead materials; certain government contractors.............HB 1238
B
BAIL; BONDS AND RECOGNIZANCES Bail Bond Business; allow attorneys to indirectly engage in but not manage ...........HB 1206 Bail Bondsmen; allow service as certain elected officials .........................................HB 1086

1742

3649

INDEX

Bail; family violence offenses; clarify bond conditions.............................................HB 1489 Bail; no judgement should be rendered in appearance bond........................................ SB 409 Bonding Companies; credits/vouchers; conditions not warranting forfeiture ............. SB 410 Bonds/Recognizances; remove court's discretion for certain persons .........................HB 918 Sheriffs Engaging in Certain Businesses; violation of oath of office ..........................HB 415
BALDWIN COUNTY Deer Hunting; unlawful hunt within certain vicinity of feeds; certain counties .......... SB 328 Designate; Pettigrew Road Bridge; Baldwin County................................................... SR 876 Designate; Rosa Proctor Bridge; Baldwin County....................................................... SR 596 Property Conveyances; authorizing in 8 counties; Baldwin, Bartow, Chatham, Decatur, DeKalb, Fulton, Wayne and White ............................................... SR 224
BALDWIN, SUPERIOR COURT JUDGE QUILLIAN ; addressed Senate...........Page 247
BALL GROUND, CITY OF Ball Ground, City of; corporate limits........................................................................HB 1756
BANKING AND FINANCE Athens First Bank and Trust Company; commend ...................................................... SR 888 Business Corporations; electronic transmissions, definitions; updating provisions ..................................................................................................................... SB 532 Crimes; opening certain accounts using minor's social security number; define offense .............................................................................................................HB 1285 Fair Lending Act; amend provisions; Department of Banking and Finance, authority to regulate........................................................................................................ SB 28 Financial Institutions; procedures/regulation ............................................................... SB 405 First American Bank/Trust Company; commend......................................................... SR 887 Georgia Community Streetcar Development/Revitalization; streetcar transportation................................................................................................................ SB 516 Identity Fraud; violations; law enforcement investigations; consumer victims damages ........................................................................................................................ SB 349 Industry, Trade and Tourism; Department of; change name......................................HB 1529 Motor Vehicle; certificate of title; fraudulent acts; penalties....................................... SB 299 Nonresident Indigents; funding for reimbursing hospitals; provide sources ............... SB 468 Payday Lending; Deferred Presentment or Advance Cash Services; regulate unlawful transactions.................................................................................................... SB 157 State Depository Board; authorized investments; change certain provisions .............. SB 501 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133

1743

3650

INDEX

BANKING AND FINANCE; SECURED TRANSACTIONS Superior Court Clerks' Cooperative Authority; filing fees; real estate and personal property.......................................................................................................... SB 195
BANKRUPTCY Condominiums; clarification of provisions..................................................................HB 210 Property Owners' Association Act; change certain provisions; clarify applicability ..................................................................................................................HB 208
BARBERS Barbers; apprentices; supervision...............................................................................HB 1359
BARROW COUNTY Atlanta Regional Commission; certain counties; ratify partial incorporation............HR 1308 Barrow County; board of elections and registration; create.......................................HB 1716
BARTOW COUNTY Atlanta Regional Commission; certain counties; ratify partial incorporation............HR 1308 Property Conveyances; authorizing in 8 counties; Baldwin, Bartow, Chatham, Decatur, DeKalb, Fulton, Wayne and White ............................................... SR 224 Public Property; conveyances....................................................................................... SR 652
BENJAMIN E. MAYS; State AAAA Basketball Champions; recognized ..............Page 1675
BETHLEHEM Bethlehem; Municipal Court of the Town of Bethlehem; provide judges ................... SB 548
BIBB COUNTY Bibb County; board of education; school tax provisions ...........................................HB 1700 Designate; William S. Hutchings Bridge; Bibb County................................................. SR 66
BICYCLES License Plates; special; "Share the Road" message ..................................................... SB 283
BINGO Bingo Games; operation by auxiliary unit of parent organization ...............................HB 772 Bingo; fee for conducting games; increase ....................................................................HB 87
BISHOP, U.S. CONGRESSMAN SANFORD; addressed Senate ............................Page 965
BLASTING OPERATIONS Arson or Explosives Used During Commission of a Felony; penalties ....................... SB 184 Utility Facilities Protection; excavating and blasting; amend provisions ..................HB 1352

1744

3651

INDEX

BLIND PERSONS Assistance Dogs; interfering with, assaulting, killing; penalties .................................HB 211 Disabled Persons; redefine; temporary parking permits ............................................HB 1176 Telecommunications; audible universal information access services; blind and print disabled citizens ..........................................................................................HB 1055
BLOOMINGDALE, CITY OF Bloomingdale, City of; homestead exemption; unremarried surviving spouse..........HB 1728
BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA Colleges/Technical Schools; textbooks in electronic format .......................................HB 712 Health, Education, and Social Services; certain boards and councils; amend provisions ...................................................................................................................HB 1266 HOPE Scholarship Tuition Grants; change residency requirements............................ SB 287 HOPE Scholarship Tuition Grants; eligible part-time students ................................... SB 286 Public Funds; certain write-offs; Department of Technical and Adult Education....................................................................................................................HB 1582 Student Achievement, Office of; create; comprehensive revisions regarding education accountability............................................................................................... SB 248 Student Finance Authority; editorial changes; certain definitions .............................HB 1547 Teachers Retirement; University System employees; optional plan ............................ SB 253
BOATS, MARINE EQUIPMENT AND FACILITIES; REGISTRATION, OPERATION, AND SALE OF WATERCRAFT
Crimes Against Person; redefine feticide; punishment for offense.............................. SB 474 Natural Resources; conservation rangers; powers; watercraft inspection..................HB 1185
BONDS (Also see Revenue Bonds) Bail Bondsmen; allow service as certain elected officials .........................................HB 1086 Bail; family violence offenses; clarify bond conditions.............................................HB 1489 Bonding Companies; credits/vouchers; conditions not warranting forfeiture ............. SB 410 General Obligation Bonds; authorize issuance bearing interest at variable rate ................................................................................................................................ SB 514 Revenue Bonds; redefine undertaking; remove certain referendum requirement...................................................................................................................HB 689 State Permit; bond prerequisite for filing certain appeals; requirement....................... SB 524 Supersedeas Bonds; provide for other types of security .............................................. SB 411
BOWMAN, CITY OF Bowman, City of; city council; mayor; amend provisions .........................................HB 1801
BOXING, PROFESSIONAL Athletic/Entertainment Commission; amend provisions..............................................HB 558

1745

3652

INDEX

BRANTLEY COUNTY Brantley County; residential waste; advisory referendum..........................................HB 1816 Designate; Woodpecker Trail Highway; 10 counties................................................... SR 843
BROOKLET, CITY OF Brooklet, City of; new charter ....................................................................................HB 1127
BRUNSWICK Environmental Director; urge to consider lifting moratorium on water new ground-water withdrawal permits ................................................................................ SR 904
BRYAN COUNTY Bryan County; homestead exemption; urge commissioners to adopt for educational purposes .................................................................................................. SR 1052
BUILDINGS AND HOUSING (Also see Property; Real Estate) Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431 Arson or Explosives Used During Commission of a Felony; penalties ....................... SB 184 Building Codes; state minimum codes; delete obsolete provisions; redefine .............. SB 550 Building Construction; alternative dispute mechanism; definitions; written claim ............................................................................................................................. SB 563 Building Permit; counties/municipal corporations; notice of contemplated use................................................................................................................................. SB 519 Building Permits Through Certain Electronic Media; application; payments ............... SB 39 Fair Lending Act; amend provisions; Department of Banking and Finance, authority to regulate........................................................................................................ SB 28 Fire/Hazards to Persons; carbon monoxide detector; standards; enforcement............. SB 562 Nuisance Abatement Liens; collection procedures; foreclosures................................. SB 182 Sewage On-site Management Systems; DHR authorization; state-wide regulations; reduced trench length ............................................................................... SB 367 State Buildings/Facilities; roofing materials; energy efficiency standards .................. SB 137 Uniform Standards Code for Manufactured Homes Act; enact .................................HB 1174
BUILDINGS AND HOUSING; BLIGHTED AREAS Georgia Community Streetcar Development/Revitalization; streetcar transportation................................................................................................................ SB 516 Redevelopment; authorize Governor by executive order to establish commissions ................................................................................................................. SR 858 Redevelopment; tax allocation districts; amend certain provisions ...........................HB 1510
BURGLARY AND ARMED ROBBERY Interfering With Electronic Monitoring Devices; define offense ..............................HB 1160

1746

3653

INDEX

BURKE COUNTY Designate; Burke (County) Veterans Parkway to honor military veterans .................. SR 184 Designate; Woodpecker Trail Highway; 10 counties................................................... SR 843 Public Property; Conveyance; grant utility easements; 13 counties............................. SR 651 Reinstate; "T. Watson Mobley Bridge"; Burke County ............................................... SR 883
BURNS, U.S. CONGRESSMAN MAX; addressed Senate........................................Page 456
BUSINESS ADMINISTRATION Hotels, Motels; excessive room rates during special sporting events .......................... SB 150
BUSINESS AND OCCUPATION TAXES Assisted Living Facilities; define and provide new category....................................... SB 422 Business and Occupation Tax; certain construction permits; mail or electronic means .........................................................................................................HB 1598 Excise Taxes; hotel-motel tax; change definitions......................................................... SB 63 Excise Taxes; rental motor vehicles; change definitions ............................................... SB 60 Hotel-Motel Tax; create review board; amend certain provisions .............................HB 1415 Occupation Taxes; certain exemption; Department of Veterans Service...................HB 1445
BUTTS COUNTY Butts County; board of elections and registration; create ..........................................HB 1164 State Properties Commission; convey real estate in Butts County; authorize.............. SR 589
C
CABLE TELEVISION SYSTEMS Cable Television Systems; customer service requirements; enforcement..................... SB 220 Local Government Cable Fair Competition Act of 1999; amend ................................. SB 445
CAMPAIGN AND FINANCIAL DISCLOSURE (Also see Ethics; Elections) Ethics in Government; Financial Disclosure Reform Act of 2003; enact ......................... SB 3 Ethics Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments .................................................................. SB 109 Ethics; campaign contributions for judicial offices; prohibitions ................................... SB 72 Ethics; disposition of excess campaign contributions ..................................................... SB 82 Ethics; distribution of campaign contributions; ordinary and necessary expenses......................................................................................................................... SB 338
CANDIDATES (Also see Elections; Public Officers) Ethics; disposition of excess campaign contributions ..................................................... SB 82 Sheriff, Office of; nonpartisan elections ......................................................................... SB 26

1747

3654

INDEX

CANDLER COUNTY Candler County Public Building Authority; create .....................................................HB 1811 Candler County; probate judge; nonpartisan elections................................................HB 1619 Designate; Woodpecker Trail Highway; 10 counties.................................................... SR 843
CARNESVILLE, CITY OF Carnesville, City of; new charter.................................................................................HB 1794
CARROLL COUNTY Carroll County Board of Elections; change composition/method of selection ............. SB 589 Carroll County Chamber of Commerce; recognized....................................................Page 60 Carroll County; education districts; reapportion .........................................................HB 1795 Designate; Billy Jiles Memorial Highway; Carroll County........................................... SR 293 Designate; Billy Jiles Memorial Highway; Carroll/Coweta County ............................. SR 829 Designate; John D. Smith Highway; Paulding County ................................................. SR 836 Western Area Regional Radio System Authority; create ............................................HB 1715
CARROLLTON, CITY OF Carrollton, City of; board of education; independent school system ..........................HB 1752 Carrollton, City of; school tax levy; provisions ..........................................................HB 1830 Carrollton; levy of school tax; city's independent school; provide referendum ............ SB 631
CATOOSA COUNTY Catoosa County; Battlefield Parkway; dedicate portion to Baxter Shavers .................. SR 866 Catoosa County; board of education; election of members........................................... SB 499 Catoosa County; superior court clerk; clerical allowance ...........................................HB 1439 Catoosa County; tax commissioner; clerical allowance ..............................................HB 1440
CEDARTOWN, CITY OF Cedartown, City of; corporate limits ...........................................................................HB 1590
CEMETERIES Appeals; certain decisions; exempt zoning and land use cases...................................HB 1215
CERTIFIED CAPITAL COMPANY OR INSURANCE COMPANY Seed-Capital Fund; comprehensive revision of provisions .........................................HB 1507
CHAPLAINS OF THE DAY Alverado, Apostle Johnathan E. ................................................................................Page 2155 Ballaban, Rabbi Steven................................................................................................Page 246 Batts, Reverend David.................................................................................................Page 608 Brannon, Reverend Eddie..........................................................................................Page 1280 Creecy, Reverend Howard.........................................................................................Page 1044

1748

3655

INDEX

Croft, Chaplain Steve ..................................................................................................Page 425 Custer, Reverend Tim................................................................................................Page 1229 Dean, Senator Nathan ................................................................................................Page 1914 Delaine, Reverend Stephen........................................................................................Page 1019 Dillard, Pastor George .................................................................................................Page 105 DuBose, Reverend John ..............................................................................................Page 456 El-Amin, Imam Plemon...............................................................................................Page 399 Hale, Reverend Cynthia...................................................................................................Page 1 Hendley, Pastor Charlene ............................................................................................Page 957 Henry, Reverend, Darrell...........................................................................................Page 1667 Hice, Dr. Jody..............................................................................................................Page 978 Hill, Matthew ................................................................................................Pages 1313, 1706 Hunt, Reverend, Dr. Allen.........................................................................................Page 1074 Huskins, Bishop David ................................................................................................Page 626 Jackson - Adams, Reverend Jenny .............................................................................Page 197 Kelly, Associate Pastor Caroline ...............................................................................Page 2543 Labello, Pastor Kevin ..................................................................................................Page 126 Lamar, Reverend Felton ................................................................................................Page 87 Moore, Reverend Karl D. ............................................................................................Page 999 Murchison, Reverend Rodger....................................................................................Page 1169 Pearce, Reverend Chris..............................................................................................Page 1493 Powell, Reverend Arthur .............................................................................................Page 484 Prater, Reverend Brad..................................................................................................Page 552 Ricketts, Reverend Bill................................................................................................Page 142 Ridley, Elder L. Benjamin ...........................................................................................Page 182 Samuel, Reverend Dr. Kenneth L..............................................................................Page 2921 Sherman, Reverend Scott ............................................................................................Page 322 Shinpoch, Dr. Russ ......................................................................................................Page 153 Shapirro, Rabbi Noach ................................................................................................Page 586 Snider, Reverend Steve..............................................................................................Page 1849 Streetman, Reverend Phil ............................................................................................Page 531 Tate, Benny Pastor.........................................................................................................Page 60 Watson, Reverend Joe ...................................................................................................Page 71 Wright, Reverend Bryant.............................................................................................Page 514
CHARITIES AND CHARITABLE SOLICITATIONS (Also see Nonprofit) Special License Plates Promoting Charitable Organizations, Foundations................... SR 262 Charitable Solicitations; agent registration; amend.......................................................HB 472 License Plates; prestige/special; honoring Masons; donating revenue to charities.......................................................................................................................... SB 279 Sales Tax Exemption; nonprofit organizations providing child services....................HB 1744 Special License Plates; revenue dedication; certain nonprofit organizations .............HR 1322 State Employees Salaries; federated charitable organizations; welfare services .......... SB 584

1749

3656

INDEX

CHARLTON COUNTY Charlton County; state court; create ............................................................................HB 1498 Designate; Woodpecker Trail Highway; 10 counties.................................................... SR 843
CHATHAM COUNTY Chatham County and City of Savannah; homestead exemption; unremarried surviving spouse ..........................................................................................................HB 1731 Chatham County; board of commissioners; change description of districts ................. SB 465 Chatham County; homestead exemption; unremarried surviving spouse ...................HB 1733 Property Conveyances; authorizing in 8 counties; Baldwin, Bartow, Chatham, Decatur, DeKalb, Fulton, Wayne and White................................................................. SR 224
CHEROKEE COUNTY Cherokee County; redevelopment powers...................................................................HB 1814 Superior Court Judges; judicial circuits; initial appointment, election, term ................ SB 594
CHILD ABUSE (Also see Minors; Crimes) Child Abuse Records; prohibited disclosure when criminal action is pending............. SB 199 Cruelty to Children; second degree; nonmerger provision..........................................HB 1229
CHILD CUSTODY (Also see Minors; Domestic Relations) Child Custody or Visitation Orders; notices; relocation or change of residence ............ SB 16 Child Custody; court appointed custody evaluator; liability .......................................HB 1194 Child Custody; right of children; selection of custodial parent; certain ages................ SB 326 Juvenile Proceedings; certain conviction; termination of parental rights ...................HB 1632 Juvenile Proceedings; deprived children; order of disposition; time period ................. SB 148
CHILDREN AND YOUTH ACT; CARE AND PROTECTION PROGRAMS (Also see Minors) Child Abuse Records; prohibited disclosure when criminal action is pending............. SB 199 Child Care Facilities; liability insurance coverage.......................................................... SB 24 Child Welfare Agencies; child care products; recall notices; provide information .................................................................................................................... SB 546 Child Welfare Agencies; recall notices on unsafe products; provide; certain records checks; amend provisions ...............................................................................HB 1347 Family/Children Services; establish separate department and agency .......................... SB 241 Foster Parents Bill of Rights; enact .............................................................................HB 1580 Medicaid; managed health care; medically necessary health care pilot program.......................................................................................................................... SB 315 Persons Supervising Children; criminal background checks; National Crime Information Center ........................................................................................................HB 316 School Readiness; change name to Bright from the Start; revise ................................. SB 456

1750

3657

INDEX

CHIROPRACTORS Chiropractors; board of examiners; additional authority.............................................HB 1512 Rules of the Road; Parking Law for Persons with Disabilities; redefine terms ............ SB 481 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act .............................. SB 133
CIGAR AND CIGARETTE TAXES Cigar/Cigarette Taxes; increase; loose/smokeless tobacco; impose excise tax.............HB 379 Cigar/Cigarette Taxes; change tax definitions ................................................................ SB 65 Taxes; tobacco products; licensure, definitions, penalties ..........................................HB 1282
CITY COURTS Municipal Courts; pretrial intervention and diversion programs ..................................HB 821
CIVIL ACTIONS; ARBITRATION; DECLARATORY JUDGMENTS; LIMITATIONS
2003 Fairness in Arbitration Act; enact...........................................................................HB 91 Environmental Policy; regulatory decisions; publication requirements ........................ SB 172 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act .............................. SB 133 Torts; health care providers in emergency conditions; provide limited liability........... SB 432
CIVIL PRACTICE (Also see Courts; Torts) 2003 Fairness in Arbitration Act; enact...........................................................................HB 91 Appeals; judgments and rulings; amend provisions ......................................................HB 322 Civil Actions; attorney's fees/expenses of litigation; awarded to prevailing party; clarify unjustified claims or positions ................................................................. SB 335 Civil Actions; class actions; comprehensive revisions.................................................. SB 217 Civil Actions; habeas corpus procedures; statute of limitations; filing petitions, jurisdiction ..................................................................................................... SB 337 Civil Practice; Frivolous Litigation Prevention Act ..................................................... SB 225 Class Actions Certification; appellate procedures; provide conditions, limitation........................................................................................................................ SB 435 Courts Technology Advisory Board and Council; successor to Georgia Courts Automation Commission............................................................................................... SB 306 Environmental Policy; regulatory decisions; publication requirements ........................ SB 172 Executions; judgments; cancellation when satisfied ...................................................HB 1431 Freedom of Speech and Right to Petition; certain actionable acts ..............................HB 1069 Georgia Database Protection and Economic Development Act of 2003 ........................ SB 38 Georgia Civil Practice Act; offer of judgment; methods of service; time limitations ...................................................................................................................... SB 518 Mandatory Professional Malpractice Mediation Act; guidelines, offer of judgment ........................................................................................................................ SB 593

1751

3658

INDEX

Payday Lending; Deferred Presentment or Advance Cash Services; regulate unlawful transactions.......................................................................................................SB 157 Supersedeas Bonds; provide for other types of security................................................ SB 411 Tax Executions; prohibit sales.........................................................................................HB 88 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act .............................. SB 133 Torts; health care providers in emergency conditions; provide limited liability........... SB 432 Torts; joint tort-feasors; standards in expert testimony; change provisions.................. SB 576 Torts; transfer of structured settlement payment rights; court filings; notice of cancellation rights.......................................................................................................... SB 174 Trials; continuance; certain judicial service in another court......................................HB 1455
CLAY COUNTY Clay County; homestead exemption; certain residents..................................................HB 669 Clay County; homestead exemption; certain residents................................................HB 1146 Pataula Judicial Circuit; change certain terms of court ...............................................HB 1373
CLAYTON COUNTY Clayton County; consolidate police force under office of sheriff ...............................HB 1589 Clayton County; state court; impose technology fee ...................................................HB 1660 MARTA; board of director; selected voting member of metro regional development center........................................................................................................ SB 384 Public Property; conveyance; grant utility easements; 13 counties............................... SR 651
CLAYTON, CITY OF Clayton, City of; corporate limits ................................................................................HB 1829
CLERKS, SUPERIOR COURT Carbon Sequestration Registry Act; provide information system of registry................ SB 356 Comprehensive Planning and Service Delivery; local government; amend definition .....................................................................................................................HB 1559 Executions; judgments; cancellation when satisfied ...................................................HB 1431 Notaries Public; amend provisions; superior court fees ..............................................HB 1617 Superior Court Clerks' Cooperative Authority; fees and records; extend sunset dates...............................................................................................................................HB 810 Superior Court Clerks' Retirement; 8 years' service; benefits .....................................HB 1036 Superior Court Clerks' Retirement; death of spouse; full benefit restored....................HB 234
COBB COUNTY Cobb County, deputy clerk of superior court; compensation ......................................HB 1659 Cobb County-Marietta Water Authority; immunity; amend provisions......................HB 1610 Cobb County; board of commissioners; compensation ...............................................HB 1736

1752

3659

INDEX

Cobb County; chief deputy sheriff, chief investigator, executive assistant; compensation...............................................................................................................HB 1776 Cobb County; chief magistrate; compensation............................................................HB 1585 Cobb County; clerk of probate court; change the compensation................................... SB 580 Cobb County; Gateway Regional Information Center, Inc.; create............................... SB 385 Cobb County; NAACP; recognize .............................................................................. SR 1087 Cobb County; state court judges and associate judges; compensation........................HB 1291 Cobb County; state court; add judges..........................................................................HB 1650 Cobb County; state court; certain costs .......................................................................HB 1738 Cobb County; tax commissioner; employees' compensation ......................................HB 1592 Cobb Judicial Circuit; judges; supplement..................................................................HB 1591 MARTA; board of director; selected voting member of metro regional development center........................................................................................................ SB 384 Public Property; conveyance; grant utility easements; 13 counties............................... SR 651 Public Property; conveyances........................................................................................ SR 652
COBB JUDICIAL CIRCUIT Cobb Judicial Circuit; judges; supplement..................................................................HB 1591
COCHRAN, CITY OF Cochran, City of; corporate boundaries.......................................................................HB 1044
CODE OF GEORGIA Code of Georgia; corrections ......................................................................................HB 1245 Conform Code; references to House and Senate committee names..............................HB 846 Elections Code; corrections.........................................................................................HB 1247 Retirement and Pensions Code; corrections ................................................................HB 1246
COFFEE COUNTY Coffee County; probate judge; nonpartisan elections .................................................HB 1104 Public Property; conveyances........................................................................................ SR 652
COIN OPERATED AMUSEMENT MACHINES Coin Operated Amusement Machines; change definitions ............................................. SB 64
COLLEGES Campus Sexual Assault Information Act; establish written policy; enact .................... SB 538 College Students; vaccination against meningococcal meningitis................................ SB 266 Colleges and Technical Schools; textbooks in electronic format..................................HB 712 HOPE Scholarships; eligibility; amend provisions .....................................................HB 1325 HOPE Scholarships; private colleges; certain part-time eligibility...............................HB 341 Lottery; Online Ticket Sales; establish Georgia Peach Account.................................HB 1272 Official Frontier and Southeastern Indian Interpretive Center; designate ....................HB 865

1753

3660

INDEX

Public Officers/Employees; payroll deductions; Higher Education Savings Plan ..............................................................................................................................HB 1118 Sales Tax Exemption; school supplies; clothing; computers; limited time.................HB 1184 Student Finance Authority; editorial changes; certain definitions ..............................HB 1547 Teachers Retirement; University System employees; optional plan ............................. SB 253
COLLINS, U.S. CONGRESSMAN MAC; addressed Senate ....................................Page 608
COLUMBIA COUNTY Columbia County; board of education; chairperson; nonpartisan election .................HB 1787 Columbia County; certain officials; health insurance program...................................HB 1820 Columbia County; coroner; compensation ....................................................................HB 919 Deer Hunting; unlawful hunt within certain vicinity of feeds; certain counties ........... SB 328
COLUMBUS DAY AT CAPITOL; representatives addressed the Senate...............Page 1706
COMMEMORATIVE RESOLUTIONS AND DESIGNATIONS (Also see Highways) Alcoholic Beverages; defective products exchange or return; product samples........... SB 352 Alcoholic Beverages; Sunday package sales................................................................. SB 300 Annual Reports, Budgets, Audits; available to General Assembly; notification .......... SB 431 Assisted Living Facilities; define and provide new category........................................ SB 422 Catoosa County; Battlefield Parkway; dedicate portion to Baxter Shavers .................. SR 866 Cigar/Cigarette Taxes; change tax definitions ................................................................ SB 65 Coin Operated Amusement Machines; change definitions ............................................ SB 64 Connell, Honorable Jack; urge DOT to dedicate Riverwatch Parkway in Augusta, Georgia......................................................................................................... SR 1025 Deceptive Practices; credit card solicitation; verify address.........................................HB 656 Designate Portion of State Route 232; Purple Heart Highway .....................................HR 398 Designate; Aaron Cohn Regional Youth Detention Center ........................................HR 1530 Designate; Alan Jackson Highway; Coweta County..................................................... SR 569 Designate; Alan Jackson Highway; Coweta County..................................................... SR 781 Designate; Bill Conn Parkway ....................................................................................HR 1440 Designate; Billy Jiles Memorial Highway; Carroll County........................................... SR 293 Designate; Billy Jiles Memorial Highway; Carroll/Coweta County ............................. SR 829 Designate; Bob Fulton Memorial Highway.................................................................HR 1460 Designate; Bruton Smith Parkway ..............................................................................HR 1341 Designate; Burke (County) Veterans Parkway to honor military veterans ................... SR 184 Designate; Burke (Star) Veterans Parkway.................................................................HR 1262 Designate; C. L. Mapp Bridge.....................................................................................HR 1455 Designate; Chief J. A. Fountain Bridge ......................................................................HR 1456 Designate; Confederate History/Heritage Month annually in April.............................. SR 856 Designate; Daniel Starnes Bridge; Paulding County..................................................... SR 951 Designate; Dean Bryant Intersection; Lumpkin County ................................................. SR 23

1754

3661

INDEX

Designate; Earl Paulk Parkway; DeKalb County ............................................................ SR 38 Designate; Earl Paulk Parkway; Dekalb County........................................................... SR 828 Designate; Forrest "Preacher" Sawyer Memorial Parkway.........................................HR 1469 Designate; George H.W. Bush Presidential Parkway; Henry County........................... SR 588 Designate; George W. Potts Highway; Coweta County................................................ SR 626 Designate; George W. Potts Highway; Coweta County................................................ SR 797 Designate; Jack Connell Parkway .................................................................................HR 104 Designate; James D. (Jim) McGee Memorial Highway; Fulton County....................... SR 952 Designate; John D. Smith Highway; Paulding County ................................................. SR 301 Designate; John D. Smith Highway; Paulding County ................................................. SR 668 Designate; John D. Smith Highway; Paulding County ................................................. SR 836 Designate; John Pelham Memorial Parkway...............................................................HR 1190 Designate; Johnny Wayne Spivey Bridge ...................................................................HR 1472 Designate; Joy N. Kleeman Memorial Bikeway .........................................................HR 1404 Designate; Judge Jim Weeks Intersection; Dekalb County........................................... SR 869 Designate; Julien B. Roddenbery, Sr. Memorial Drive...............................................HR 1373 Designate; Keith Kalland Memorial Highway ..............................................................HR 132 Designate; Max R. Davey Bridge................................................................................HR 1454 Designate; May as Scots-Irish Month; Lord Laird of Artigarvan ................................. SR 632 Designate; Mayor George Merron Peters Memorial Highway......................................HR 940 Designate; Michael B. Mundy Memorial Bridge; Pickens County............................... SR 299 Designate; Michael B. Mundy Memorial Bridge; Pickens County............................... SR 787 Designate; Purple Heart Highway ...............................................................................HR 1191 Designate; Rembert Olen McAfee Bridge ..................................................................HR 1349 Designate; Ricky L. Crockett Bridge ..........................................................................HR 1473 Designate; Robert Ray Parkway....................................................................................HR 257 Designate; Rosa Proctor Bridge; Baldwin County........................................................ SR 596 Designate; Rosa Proctor Intersection and Robert L. and Sally Thompson Intersection; Battlefield Parkway; dedicate portion to memory of Baxter Shavers ..........................................................................................................................HR 591 Designate; Take Your Kids to Vote Day in Georgia; November 2............................... SR 794 Designate; Veterans Memorial Highway; Banks County veterans; commend................HR 90 Designate; William Ira (W.I.) Still, Jr. Highway; Gwinnett County............................... SR 60 Designate; William S. Hutchings Bridge; Bibb County.................................................. SR 66 Designate; Woodpecker Trail Highway; 10 counties.................................................... SR 843 Designate; Woodpecker Trail; Richmond County ........................................................ SR 646 Drivers' Licenses/Auto Insurance; forms of ID for noncitizens from FTAA member countries .......................................................................................................... SB 181 Electrical Sign Contracting; licensure of contractors.................................................... SB 341 Electronic Records/Signatures; warranty deed; provide acceptance of signature ........................................................................................................................ SB 561 Excise Taxes; hotel-motel tax; change definitions.......................................................... SB 63 Excise Taxes; rental motor vehicles; change definitions ................................................ SB 60

1755

3662

INDEX

Fair Business Practice Act; Consumer Advisory Board; complaint processing ........... SB 464 Fair Lending Act; amend provisions; Department of Banking and Finance, authority to regulate......................................................................................................... SB 28 Fireworks; sale of sparklers to persons under 16 years; prohibitions ........................... SB 131 Georgia Community Streetcar Development/Revitalization; streetcar transportation................................................................................................................. SB 516 Georgia Securities Act of 1973; stronger investor protections; civil penalties ............. SB 488 Georgia Self-Service Storage Facility Act; change certain definitions......................... SB 403 Georgia Smokefree Air Act; prohibit smoking in certain facilities/areas; penalties......................................................................................................................... SB 507 Gift Card Integrity Act; impose fee; definitions............................................................ SB 618 Gift Card Integrity Act; unfair consumer transactions of gift cards.............................. SB 443 Hotels, Motels; excessive room rates during special sporting events ........................... SB 150 Identity Fraud; violations; law enforcement investigations; consumer victims damages ......................................................................................................................... SB 349 Income Tax; qualified biotech. businesses; transfer of credit; conditions .................... SB 558 Income Taxes; jobs tax credits; designation of counties as less developed areas; business closings in areas comprising military bases............................................ SB 11 Industry, Trade and Tourism Department Acquire Personal Property; general provisions. ..................................................................................................................... SB 531 Industry, Trade and Tourism; Department of; change name.......................................HB 1529 Master Settlement Agreement; nonparticipants; release of funds from escrow accounts ......................................................................................................................... SB 395 Minority Business Enterprises; certification procedure defined in federal law ............ SB 115 Natural Gas Competition and Deregulation Act; amend provisions ............................... SB 34 Natural Gas Rates; surcharge on interruptibles; minimum amount ................................ SB 32 Patient Safe Prescription Drug Act; regulate electronically transmitted data; patient's choice of retail pharmacy ................................................................................ SB 179 Payday Lending; Deferred Presentment or Advance Cash Services; regulate unlawful transactions..................................................................................................... SB 157 Public Accommodation; prohibit discrimination against motorcyclists.......................... SB 74 Public Accommodations; not exclude motorcyclist from access to or admission; violations; damages ..................................................................................... SB 139 Public School Systems; purchasing contracts and bid price regulations; electronic means ............................................................................................................ SB 294 Real Estate Closings; unfair trade practice; licensee conducting closing; remove provision .........................................................................................................HB 1311 Reinstate; "T. Watson Mobley Bridge"; Burke County ................................................ SR 883 Sales Tax; applicable to commerce and trade; definitions .............................................. SB 62 Sales Tax; dealers' returns; retail sales tax data by location of sale .............................. SB 107 Sales Tax; exempt biotechnology research, development; conditions/limitations .................................................................................................... SB 557

1756

3663

INDEX

Savannah River; Joint Port Authority Study Committee; proposed operation on both north and south sides of river ........................................................................... SR 271 Seed-Capital Fund; comprehensive revision of provisions .........................................HB 1507 State Agencies; contract for services; prohibit outside of US; penalties ...................... SB 473 Superior Court Clerks' Cooperative Authority; filing fees; real estate and personal property ........................................................................................................... SB 195 Tax Executions; levies upon goods, chattel, lands, tenements of taxpayer; change provisions ............................................................................................................ SB 68 Tire Scrap Disposal/Storage; county/municipality enforce ordinance .......................... SB 348 Winecoff Hotel, Joint Study Committee on the Rehabilitation of; create..................... SR 303
COMMERCIAL CODE Identity Fraud; violations; law enforcement investigations; consumer victims damages ......................................................................................................................... SB 349 Superior Court Clerks' Cooperative Authority; filing fees; real estate and personal property ........................................................................................................... SB 195 Torts; health care providers in emergency conditions; provide limited liability........... SB 432
COMMISSIONER OF INSURANCE State-Wide Reserve Ratio; employer contribution rate; surcharge .............................HB 1555
COMMISSIONS Airport Operations Board; local government; transfer of authority.............................. SB 390 Atlanta Regional Commission; certain counties; ratify partial incorporation.............HR 1308 Bonds; cap issuance; definitions; Georgia State Finance/Investment Commission................................................................................................................... SB 515 Comprehensive State-Wide Water Planning Management Act; enact; Water Council; create...............................................................................................................HB 237 Cultural Competency in Medical Schools; Joint Study Committee; create................... SR 681 Education; local boards; adopt code of ethics ...............................................................HB 198 Electrical Sign Contracting; licensure of contractors.................................................... SB 341 Ethics, State Commission; powers; campaign contribution disclosure; accounting procedures; reported violations................................................................... SB 168 Ethics; campaign contribution disclosure reports; filing functions; transfer to State Ethics Commission ............................................................................................... SB 144 Ethics; conflicts of interest; code of ethics for government service; lobbying, nepotism, gifts, campaign contributors; comprehensive revisions................................ SB 108 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records ................................................................................. SB 339 Forest Heritage Trust Act; advisory role for State Forestry Commission ..................... SB 480 Georgia Commission on the Hard of Hearing; create .................................................HB 1653 Health Effects of Pesticides; Joint study committee; create.......................................... SR 871 Henry McNeal Turner Tribute Commission; create...................................................... SR 682

1757

3664

INDEX

Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders ..................................................................... SB 102 Interstate Cooperation; include Southern Legislative Conference................................HB 794 Joint Early Learning Initiative Commission; create ...................................................... SR 760 Joint Study Committee on Tobacco Tax Evasion; create.............................................. SR 769 Joint Study Committee on Truck and Highway Safety; create...................................... SR 669 Lottery Technology Joint Study Committee; create ...................................................... SR 907 Sandy Springs Study Commission; creating.................................................................. SR 323 Savannah River; urge bilateral port commission; GA/SC interstate compact............... SR 240 Scope of Chiropractic Practice; Senate Study Committee; create................................. SR 680 Senate Study Committee on Excavation Safety; create................................................. SR 989 Senate Study Committee on Joint Sponsorship of Legislation; create.......................... SR 903 Truck/Highway Safety; Senate Study Committee; create ........................................... SR 1027 Zell Bryan Miller Tribute Commission; create ............................................................. SR 561
COMMISSIONS AND OTHER AGENCIES State Purchasing; vendor requirements; contracts.......................................................HB 1457
COMMITTEES (Also see Commissions) Advisory Committee on Seniors and Prescription Drug Costs; establish .....................HB 935 Aging and Developmental Disabilities, Joint Study Committee; create ....................... SR 822 Childhood Obesity in Georgia; Senate Study Committee; create ................................. SR 960 East Point Charter Commission; create ......................................................................... SB 619 Effects of Illegal Immigration; Senate Study Committee; creating .............................. SR 827 Electric Transmission Lines, Joint Study Committee on Location of; create ............... SR 308 Electric Utilities; eminent domain proceedings; Transmission Facility Siting Act; Electric Utility Infrastructure Planning Study Committee .................................... SB 359 Ethics, State Commission; powers; campaign contribution disclosure; accounting procedures; reported violations................................................................... SB 168 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records ................................................................................. SB 339 Georgia's Transportation Needs, Study Committee; create .......................................... SR 422 Hospital Indigent Care Funding Study Committee; create............................................ SR 416 Indemnification of Emergency Personnel, Joint Study Committee; create ................... SR 212 Joint Early Learning Initiative Commission; create ...................................................... SR 760 Joint Water Conservation Study Committee; create...................................................... SR 579 Local Government; incorporation of villages; definitions; procedures......................... SB 605 Lottery Corporation; legislative oversight committee; conform committee references.....................................................................................................................HB 1117 Prescription Drugs for Seniors, Joint Study Committee; create...................................... SR 55 Preservation of Evidence from Criminal Cases, Senate Study Committee, creating .......................................................................................................................... SR 321

1758

3665

INDEX

Property and Casualty Insurance Rates, Filing and Approval Process; Committee to Study ....................................................................................................... SR 445 Savannah River; Joint Port Authority Study Committee; proposed operation on both north and south sides of river ........................................................................... SR 271 Science, Arts, and Cultural Services, Funding of; Study Committee; create................ SR 325 Senate Assisted Living and Long Term Care Study Committee; create ....................... SR 901 Senate Blue Ribbon Study Commission on Tort Reform; create .................................. SR 961 Senate Medicaid Study Committee; create.................................................................... SR 461 Senate Septage Disposal Study Committee; create ....................................................... SR 997 Shore Protection and Coastal Marshland Protection Committees; change membership; quorum...................................................................................................HB 1382 State Retirement Plan Options; Joint Study Committee; create .................................... SR 107 Subsequent Injury Trust Fund Joint Study Committee; create......................................HR 263 Teleworking Study Commission; create........................................................................ SR 447 Toxic Mold Study Committee; creating .......................................................................... SR 22 Watershed Dams; committee to study safety issues ...................................................... SR 442 Winecoff Hotel, Joint Study Committee on the Rehabilitation of; create..................... SR 303
COMMUNITY AFFAIRS, DEPARTMENT OF Atlanta Regional Commission; certain counties; ratify partial incorporation.............HR 1308 Building Codes; state minimum codes; delete obsolete provisions; redefine ............... SB 550 Community Affairs Department; Section 8 housing fraud; provide investigative powers ...................................................................................................... SB 510 Drug-Free Commercial Zones; counties, municipalities; Community Affairs Department .................................................................................................................... SB 567 Georgia Medical Center Authority; establishment; administrative assignment ............ SB 485 Income Tax Credits; individual development accounts; comprehensive regulation.....................................................................................................................HB 1384 Local Government; service delivery; coordinated/comprehensive planning .................. SB 35 Nonprofit Corporations; provide notice by electronic transmission; definitions .......... SB 555 Regional Development Centers; ratify boundaries......................................................HR 1402 Timely Payments for Goods and Services; local governments and boards of education; failing to comply........................................................................................HB 1304
COMMUNITY HEALTH, DEPARTMENT OF Children's Vision Improvement/Learning Readiness Act; eye exams for children entering first grade .......................................................................................... SB 242 Community Health Department; create Office of Minority Health; advisory council ........................................................................................................................... SB 503 Family/Children Services; establish separate department and agency .......................... SB 241 Georgia Seniors Prescription Drug Benefit Program Act; establish ............................. SB 112 Health, Education, and Social Services; certain boards and councils; amend provisions ....................................................................................................................HB 1266

1759

3666

INDEX

Hospital Indigent Care Funding Study Committee; create............................................ SR 416 Long-Term Care Services; in-home and community based care; consumer choice and control; Independence Plus Act................................................................... SB 170 Medicaid; managed health care; medically necessary health care pilot program.......................................................................................................................... SB 315 State Program of Health Services; fiscal condition; annual reports ............................HB 1704
COMPACTS Savannah River; urge bilateral port commission; GA/SC interstate compact............... SR 240
CONDEMNATION PROCEDURES Eminent Domain; condemnation procedures; inverse proceedings .............................. SB 402
CONSERVATION AND NATURAL RESOURCES Air Pollution Control/Prevention; local boards of education; rules/regulation............. SB 536 Annual Reports, Budgets, Audits; available to General Assembly; notification .......... SB 431 Archeologists; certain submerged artifacts; exemption against disturbing................... SB 140 Bona Fide Conservation Use Property; include wildlife habitat and production....................................................................................................................HB 1416 Carbon Sequestration Registry Act; provide information system of registry................ SB 356 Comprehensive State-Wide Water Planning Management Act; enact; Water Council; create...............................................................................................................HB 237 Conform Code; references to House and Senate committee names..............................HB 846 Cultural Resources; submerged; permit/authorization to contract; provisions ............. SB 569 Electric Utilities; eminent domain proceedings; Transmission Facility Siting Act; Electric Utility Infrastructure Planning Study Committee .................................... SB 359 Employee's Retirement; benefits for certain law enforcement officers, troopers and GBI agents; age 55 or 25 years................................................................. SB 152 Employee's Retirement; law enforcement personnel; enhanced benefits; age and service ..................................................................................................................... SB 212 Environmental Director; urge to consider lifting moratorium on water new ground-water withdrawal permits.................................................................................. SR 904 Environmental Policy, regulation; publication of rationale; requirements....................HB 242 Environmental Policy; regulatory decisions; publication requirements........................ SB 172 Flint River Drought Protection Act; issuance of ground water withdrawal permits; prohibit moratorium......................................................................................... SB 614 Forest Heritage Trust Act; advisory role for State Forestry Commission ..................... SB 480 Industrial Hygiene Title Protection Act; enact ............................................................HB 1379 Industry, Trade and Tourism; Department of; change name.......................................HB 1529 Joint Water Conservation Study Committee; create...................................................... SR 579 Landfill Sites; used for certain construction; required tests ..........................................HB 495 License Plates; historic preservation; promote/financially provide for Georgia........... SB 407 Local Government; incorporation of villages; definitions; procedures......................... SB 605

1760

3667

INDEX

Metropolitan North Georgia Water Planning District; meetings, dues payable............ SB 459 Natural Resources; conservation rangers; powers; watercraft inspection...................HB 1185 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ....................................................... SB 273 Senate Septage Disposal Study Committee; create ....................................................... SR 997 Septic Tank Waste; disposal sites; handling facilities................................................... SB 176 Sewage Holding Tanks; commercial waste; regulation ..............................................HB 1408 Sewage Holding Tanks; removal, transport; regulation; definitions; penalties ............ SB 568 Sewage On-Site Management Systems; DHR authorization; state-wide regulations; reduced trench length................................................................................. SB 367 Shore Protection and Coastal Marshland Protection Committees; change membership; quorum...................................................................................................HB 1382 Soil Erosion Control; exemption; public roadway drainage structures......................... SB 122 Soil Erosion/Sedimentation; 25 foot buffers along state waters; change provisions ...................................................................................................................... SB 460 Soil Erosion/Sedimentation; 25 foot buffers along state waters; change provisions ...................................................................................................................... SB 571 Soil Erosion/Sedimentation; buffers along banks of all state waters; rules .................. SB 483 Soil Erosion/Sedimentation; land-disturbing activities; stream buffers........................ SB 590 Solid Waste and Hazardous Water Response Trust Fund; create ...............................HR 1425 Solid Waste Management; permitting of facilities; certain prohibition ......................HB 1083 Stone Mountain Memorial Association; members; requirements ...............................HB 1014 Stone Mountain Memorial Association; membership requirements ............................. SB 423 Surface/Ground Water; interbasin and intrabasin transfers; regulate .........................HB 1615 Tire Scrap Disposal/Storage; county/municipality enforce ordinance .......................... SB 348 Voters; application for fishing, hunting serve as registration; procedures.................... SB 541 Water Pollution Control Projects; grants; nonpoint source water pollution.................. SB 530 Water Resources; comprehensive state water planning to control pollution and surface-water use; ground-water permits; river basin plans ................................... SB 180 Water Resources; irrigation systems; certain shut-off switch .....................................HB 1277
CONSPIRACY AND SOLICITATION; CRIMINAL CODE School Readiness; change name to Bright from the Start; revise ................................. SB 456
CONSTITUTIONAL AMENDMENTS Ad Valorem Tax Millage Rate/Property Value; limitations on increases ..................... SR 581 Ad Valorem Taxes; freeze existing residential property values until sold; appraise at fair market value.......................................................................................... SR 311 Agriculture; protection/preservation; unreasonable regulation; encroachment ............ SR 882 Emergency Management Employees, "911" Operators and Dispatchers; indemnification.............................................................................................................. SR 213 Game and Fish; subject to reasonable restrictions; rights ............................................. SR 563 General Assembly Members; term of office for four years........................................... SR 675

1761

3668

INDEX

General Assembly; no longer than 30 days each year ................................................... SR 676 Georgia War Veterans Nursing Home Trust Fund; create; special plates.....................HR 614 Health Care Incentives; employer tax incentives; affordable care................................ SR 879 House of Representatives; reapportionment; election from single-member districts .......................................................................................................................... SR 108 Hunting /Fishing; preserve citizens' rights ....................................................................HR 985 Limitation on State Taxation, Spending, and New or Expanded Activities; revenue limits; excess revenues; emergencies .............................................................. SR 163 Lottery Proceeds; operating expenses of lottery; educational programs ....................... SR 678 Low Income Building Projects; separate classification; ad valorem taxes .................HR 1095 Marriage; no union between same sex is recognized by the state ................................. SR 595 Probate Court Judges; nonpartisan election .................................................................. SR 277 Public Funding of Social Services; allow religious or sectarian organizations ............ SR 560 Public Schools; uniform school disciplinary policy ...................................................... SR 889 Sales Tax on Motor Fuel; proceeds for local assistance road programs ....................... SR 159 Sales Tax; educational purposes; change certain imposition requirements .................. SR 580 Solid Waste and Hazardous Water Response Trust Fund; create ...............................HR 1425 Special License Plates Promoting Charitable Organizations, Foundations................... SR 262 Special License Plates; promote organ/tissue donation organizations .......................... SR 802 Special License Plates; revenue dedication; certain nonprofit organizations .............HR 1322 Statewide Homestead Exemption Grants; mandated appropriation ................................ SR 36 Taxation; legislation for any state tax; approval by General Assembly.......................... SR 12 Taxpayers' Dividend Act; restrict amendments that increase appropriations................ SR 160 Teacher-Student Ratios; provide maximum student-teacher ratios............................... SR 660 U.S. Constitution; prior calls for convention to amend; rescind and repeal................HR 1343 Uncompensated Trauma Care; trust fund to pay hospitals..........................................HR 1420 Use of Public Money for Public Health/Social Services by Religious or Sectarian Organizations..................................................................................................... SR 1
CONSTITUTIONAL AMENDMENTS, LOCAL Fulton County; authorization to operate certain recreational programs; repeal ............ SB 196 Fulton County; recreational programs in cities contributing to cost; repeal ................. SB 197 Glynn County; repeal constitutional amendment; referendum....................................HB 1826 Perry Industrial Building Authority; repeal constitutional amendment creating...........HB 960
CONSUMER AFFAIRS Common-Sense Consumption Act; enact....................................................................HB 1519 Cosmetic Dental Coverings; urge removal of unlicensed providers .............................HR 228 Deceptive Practices; credit card solicitation; verify address .........................................HB 656 Landlord/Tenant; disposition of tenant's property; landlord's liability..........................HB 762 Natural Gas Marketers; bills; late fees ........................................................................HB 1430 Revenue, Department; certain disclosure; taxpayer records .......................................HB 1461 Tattooing Near the Eye; prohibition; expand exception................................................HB 183

1762

3669

INDEX

Traffic Control Signal Monitoring Devices; prohibit recording image of driver............................................................................................................................HB 1268 Uniform Standards Code for Manufactured Homes Act; enact ..................................HB 1174
CONTRACTORS (Also See Construction) Building Construction; alternative dispute mechanism; definitions; written claim .............................................................................................................................. SB 563 Contractors; electrical, plumbing, conditioned air; licensure; new provisions ............. SB 577 Contracts; timely payment; professional services providers .......................................HB 1195 Electrical Sign Contracting; licensure of contractors.................................................... SB 341 Income Tax; independent contractors; certain false declarations................................HB 1444 Public Roads; limitations on power to contract; design-build; provide exception........................................................................................................................ SB 553 Residential and General Contractors, State Licensing Board; create..........................HB 1003 Sales Tax Exemption; certain symphony halls............................................................HB 1511 Sales Tax Exemption; certain tangible personal property; certain corporate attractions ....................................................................................................................HB 1528 Sales Tax Exemption; overhead materials; certain government contractors...............HB 1238 State Agencies; contracts for services; prohibit outside U.S.......................................HB 1281 Tax Penalties; false claims of independent contractor status ........................................ SB 106 Tax Penalties; false claims of independent contractor status; violations ...................... SB 491 Utility Contractors and Systems; definitions; licensing and certification requirements; safety training .......................................................................................HB 1300
CONTRACTS Building Construction; alternative dispute mechanism; definitions; written claim .............................................................................................................................. SB 563 Condominiums; sale contract; disclosure; maintenance or repair requests..................... SB 15 Contract; contingency fee; specific recovery of damages in a civil action ................... SB 434 Contracts; timely payment; professional services providers .......................................HB 1195 Ethics Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments .................................................................. SB 109 Local Government or Board of Education; contracts; bid opportunity advertisements; Georgia Procurement Registry ............................................................ SB 342 Local Government; internet request for proposals, notice of a pre-bid conference; contract/bid requirements .......................................................................... SB 365 Master Settlement Agreement; nonparticipants; release of funds from escrow accounts ......................................................................................................................... SB 395 Poultry Production Contracts; regulate..........................................................................HB 648 Public Roads; limitations on power to contract; design-build; provide exception........................................................................................................................ SB 553 Public School Systems; purchasing contracts and bid price regulations; electronic means ............................................................................................................ SB 294

1763

3670

INDEX

Public Works; prohibit state from requiring contractor to labor agreement ................. SB 599 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ....................................................... SB 273 State Agencies; contract for services; prohibit outside of U.S.; penalties .................... SB 473 Teachers; rights in demotion and nonrenewal of contracts ............................................. SB 19
CONTROLLED SUBSTANCES (Also see Drugs; Pharmacies; Crimes) Controlled Substances; distribution, sale, purchase, manufacture; penalties................ SB 440 Controlled Substances; regulate opioid treatment; dangerous drug; change provisions ...................................................................................................................... SB 502 Controlled Substances; trafficking in ecstacy; define offense ....................................HB 1441 Cruelty to Children; redefine; criminal negligence, serious injury; penalties ............... SB 467 Drug Trafficking Prevention Act; prosecute a person for trafficking........................... SB 284 Drug-Free Commercial Zones; counties, municipalities; Community Affairs Department .................................................................................................................... SB 567 DUI; prohibitions, punishment; revise and harmonize provisions.................................. SB 75 Health Access Improvement Act; Advanced practice registered nurse; regulations ..................................................................................................................... SB 376 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders ..................................................................... SB 102 Internet/Computer Safety Act; enact; offenses relating to internet contact with a child ............................................................................................................................ SB 103 Nuisance Abatement Liens; collection procedures; foreclosures.................................. SB 182 Nurses, Advanced Practice Registered; prescriptive authority ....................................... SB 36 Patient Safe Prescription Drug Act; regulate electronically transmitted data; patient's choice of retail pharmacy ................................................................................ SB 179 Physician Assistants; change job descriptions, licensure, definition; revisions............ SB 458 Property Involved With Illegal Drug Activities; enhanced penalties............................ SB 324 Students Committing Prohibited Acts; parents notified by school principal ................ SB 598 Theft; certain offenses involving commercial vehicles; penalties; fines ....................HB 1456
COOK COUNTY Cook County; board of commissioners; transition terms of office ............................... SB 389
CORONERS (Also see Public Officers) Death Investigations; compensated care services; definition; inform coroner.............. SB 416 Death Investigations; patients receiving compensated care in facilities licensed by DHR............................................................................................................ SB 111 Death Investigations; persons receiving "compensated care"; notification .................. SB 285 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records ................................................................................. SB 339 Marriage; application of license; State Office of Vital Records; revisions................... SB 478 Nurses, Advanced Practice Registered; prescriptive authority ....................................... SB 36

1764

3671

INDEX

CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS ( Also see Nonprofit) Business Corporations; electronic transmissions, definitions; updating provisions ...................................................................................................................... SB 532 Employment Security Law; unemployment compensation; exclude certain services .......................................................................................................................... SB 160 Ethics, State Commission; powers; campaign contribution disclosure; accounting procedures; reported violations................................................................... SB 168 Income Taxes; change certain definitions ....................................................................... SB 66 Nonprofit Corporations; provide notice by electronic transmission; definitions .......... SB 555 Sales Tax Exemption; certain tangible personal property; certain corporate attractions ....................................................................................................................HB 1528
CORRECTIONS, BOARD OF AND DEPARTMENT OF (Also see Penal Institutions; Pardons and Paroles; Probation)
Cosmetology; training programs operated by Corrections; provisions; board membership; amend qualifications.............................................................................HB 1175 Employee's Retirement; law enforcement personnel; enhanced benefits; age and service ..................................................................................................................... SB 212 Ethics; reforms; campaign contributions; activities on behalf of inmates ...................... SB 31 Georgia Department of Corrections; recognize............................................................. SR 577
COSMETOLOGISTS Cosmetologist, Master; authorize to train more than one apprentice ........................... SB 526 Cosmetology; training programs operated by Corrections; provisions; board membership; amend qualifications.............................................................................HB 1175
COUNTIES Ad Valorem Tax Assessments; periods of limitation....................................................HB 736 Ad Valorem Tax; motor vehicles; return in county where located ...............................HB 834 Annexation; certain counties; repeal provisions..........................................................HB 1321 Atlanta Regional Commission; certain counties; ratify partial incorporation.............HR 1308 Business and Occupation Tax; certain construction permits; mail or electronic means...........................................................................................................................HB 1598 Limitation on State Taxation, Spending, and New or Expanded Activities; revenue limits; excess revenues; emergencies .............................................................. SR 163 Comprehensive Planning and Service Delivery; local government; amend definition .....................................................................................................................HB 1559 Correctional Institutions; housing certain inmates; reimbursement ..............................HB 614 Counties; private trespass towing; licenses .................................................................HB 1150 County Jail Inmates; earned time allowances................................................................HB 239 County Jails; full-time dispatcher as full-time jailer under certain conditions.............. SB 296 County Law Libraries; board of trustees; DA membership; use of collected funds ................................................................................................................................ SB 83

1765

3672

INDEX

County School Superintendents; employment contract; publication...........................HB 1123 Education; bullying by students; amend provisions ....................................................HB 1125 Education; sales to county school board by member; exception to prohibition ..............HB 79 Election Superintendent; office to remain open until ballots are counted ....................HB 114 Election; qualifying fees; county officials; calculation ................................................. SB 153 Elections; direct recording electronic voting systems; amend provisions.....................HB 427 Electronic Textbooks; make available to local boards, schools, and students ..............HB 363 Employees' Retirement and Judicial Retirement; certain membership; creditable service ...........................................................................................................HB 923 Family and Children Services; county director; serve in multiple counties ..................HB 866 Family Violence and Stalking Offenses; persons convicted; photo publication.........HB 1259 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records ................................................................................. SB 339 Fraud, Waste, Abuse in State Operations; whistle blower; prohibit retaliation ............HB 708 Hospital Care for Nonresident Indigents; reimbursement by counties; accounting of funds ....................................................................................................... SB 171 Hotel-Motel Tax; create review board; amend certain provisions ..............................HB 1415 Income Tax; job tax credits; less developed areas; certain businesses; enterprise zones .............................................................................................................HB 984 Income Taxes; jobs tax credits; designation of counties as less developed areas; business closings in areas comprising military bases............................................ SB 11 Jail Booking Fees; operates a jail and pretrial detention facility; imposition, collection in traffic court ............................................................................................... SB 269 Joint County and Municipal Sales Tax; 2% levy by consolidated governments...........HB 287 License Plates; state and local government vehicles; permanent plates......................HB 1743 Local Boards of Education; certain benefits; authorize funds ......................................HB 328 Local Government or Board of Education; contracts; bid opportunity advertisements; Georgia Procurement Registry ............................................................ SB 342 Local Government; service delivery; coordinated/comprehensive planning .................. SB 35 Local Governments; annual audits; service delivery; change certain amounts and definitions ...............................................................................................................HB 666 Local Sales Tax; special county 1 percent sales tax; water and sewer projects ..........HB 1612 Local Victim Assistance Programs; funding; amend provisions ................................HB 1561 Minimum Wage Mandates by Local Governments; preemption; exceptions .............HB 1258 Nuisance Abatement Liens; collection procedures; foreclosures.................................. SB 182 Peace Officers' Benefit Fund; membership; county jail officers................................... SB 189 Perpetrators of Felonies; local government rewards; remove limitation.......................HB 359 Private Probation Services; local governments; agreements.......................................HB 1567 Property Tax Sales; change certain provisions............................................................... SB 57 Public Property; restrooms; standards .........................................................................HB 1620 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ....................................................... SB 273

1766

3673

INDEX

Quality Basic Education; local share funds; equalization grants; midterm adjustment....................................................................................................................HB 1539 Railroad Crossings; elimination; petition provisions ..................................................HB 1254 Regional Development Centers; ratify boundaries......................................................HR 1402 Revenue Bonds; redefine undertaking; remove certain referendum requirement....................................................................................................................HB 689 Sales Tax; dealers' returns; retail sales tax data by location of sale .............................. SB 107 Sales Tax; educational purposes; local boards; performance audit...............................HB 346 School Construction; access to public street or road; provisions ................................HB 1068 Septic Tank Waste; disposal sites; handling facilities................................................... SB 176 Service Delivery; funding; comprehensive provisions................................................HB 1714 Sheriffs Engaging in Certain Businesses; violation of oath of office ...........................HB 415 Special County 1% Sales Tax; annual publication of audit ........................................HB 1414 State and Local Taxation, Financing, and Service Delivery Revision Act of 2004; enact.....................................................................................................................HB 709 State Service Delivery Regions; change regions 7 and 12 ..........................................HB 1599 Surface/Ground Water; interbasin and intrabasin transfers; regulate .........................HB 1615 Tax Collectors/Commissioners; creditable training ....................................................HB 1391 Tire Scrap Disposal/Storage; county/municipality enforce ordinance .......................... SB 348 War on Terrorism Local Assistance Act; enact.............................................................HB 595
COUNTIES, MUNICIPALITIES; SERVICE DELIVERY; COORDINATED PLANNING
Comprehensive Planning and Service Delivery; local government; amend definition .....................................................................................................................HB 1559 Counties/Municipalities; service delivery strategies; reviews; definitions ................... SB 490 Local Government; incorporation of villages; definitions; procedures......................... SB 605 Local Government; service delivery; coordinated/comprehensive planning .................. SB 35 Service Delivery; exemptions from the definition of local government ....................... SB 592
COUNTIES, MUNICIPALITIES Building Permit; counties/municipal corporations; notice of contemplated use........... SB 519 Building Permits Through Certain Electronic Media; application; payments ................ SB 39 Counties/Municipal Corporations; resettlement of refugees; general provision........... SB 399 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ....................................................... SB 273 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders ..................................................................... SB 102
COUNTIES, MUNICIPALITIES, OTHER ENTITIES; BUDGETS AND AUDITS Hotel-Motel Tax; create review board; amend certain provisions ..............................HB 1415 Local Governments; annual audits; service delivery; change certain amounts and definitions ...............................................................................................................HB 666

1767

3674

INDEX

COUNTIES; COMMUNITY GREENSPACE PRESERVATION Community Greenspace Preservation; definitions; land use as cemetery ..................... SB 505 Local Government; incorporation of villages; definitions; procedures......................... SB 605
COUNTIES; LAW LIBRARY County Law Libraries; board of trustees; DA membership; use of collected funds ................................................................................................................................ SB 83
COUNTIES; ORGANIZATION OF COUNTY GOVERNMENT Election; qualifying fees; county officials; calculation ................................................. SB 153
COUNTIES; PUBLIC WORKS CONTRACTS Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ....................................................... SB 273
COUNTY AND DISTRICT DEPARTMENTS, BOARDS, AND DIRECTORS OF FAMILY AND CHILDREN SERVICES
Annual Reports, Budgets, Audits; available to General Assembly; notification .......... SB 431 Family and Children Services; county director; serve in multiple counties ..................HB 866 Foster Parents Bill of Rights; enact .............................................................................HB 1580
COURTS (Also see Judicial Circuits) Abortion; proper identification to physician; minor's parent or guardian ..................... SB 240 Adoptions/Child-Placing Agencies; records access; birth records; practices ................. SB 55 Aggravated Child Molestation; court discretion of convicted persons; punishment .................................................................................................................... SB 620 American Heritage in Education Act; writings posted in public school building.......................................................................................................................... SB 394 Annual Reports, Budgets, Audits; available to General Assembly; notification .......... SB 431 Appeals; certain decisions; exempt zoning and land use cases...................................HB 1215 Appeals; judgments and rulings; amend provisions......................................................HB 322 Bail; family violence offenses; clarify bond conditions..............................................HB 1489 Bail; no judgement should be rendered in appearance bond......................................... SB 409 Bonding Companies; credits/vouchers; conditions not warranting forfeiture............... SB 410 Bonds/Recognizances; remove court's discretion for certain persons...........................HB 918 Probate Court Judges; nonpartisan election .................................................................. SR 277 Carbon Sequestration Registry Act; provide information system of registry................ SB 356 Child Custody or Visitation Orders; notices; relocation or change of residence ............ SB 16 Child Custody; court appointed custody evaluator; liability .......................................HB 1194 Child Placement; adoption petition; time limit requirement .......................................HB 1322 Cities of 300,000 or More; repeal recreating state courts of limit jurisdiction ............. SB 497 Civil Actions; attorney's fees/expenses of litigation; awarded to prevailing party; clarify unjustified claims or positions ................................................................ SB 335

1768

3675

INDEX

Civil Actions;class actions; comprehensive revisions................................................... SB 217 Civil Actions; habeas corpus procedures; statute of limitations; filing petitions, jurisdiction ..................................................................................................... SB 337 Civil Filings /Criminal Fines; additional charges; repeal certain charges.....................HB 869 Civil Practice; Frivolous Litigation Prevention Act...................................................... SB 225 Class Actions Certification; appellate procedures; provide conditions, limitation........................................................................................................................ SB 435 Cobb Judicial Circuit; judges; supplement..................................................................HB 1591 Controlled Substances; regulate opioid treatment; dangerous drug; change provisions ...................................................................................................................... SB 502 County Law Libraries; board of trustees; DA membership; use of collected funds ................................................................................................................................ SB 83 Courts Technology Advisory Board and Council; successor to Georgia Courts Automation Commission............................................................................................... SB 306 Courts; mandatory sealing of records; certain circumstances .....................................HB 1331 Criminal Procedure; demand for trial; time expiration; appeals ..................................... SB 45 Criminal Prosecution for Offenses Against Minor Children; pleas ................................ SB 21 Divorce; grounds; extend time frame; effect of legal separation on children; statistics ......................................................................................................................... SB 298 Driving Under the Influence; additional penalties; victim compensation awards..............................................................................................................................HB 20 Employees Retirement; secretaries of appellate/superior court judges, DAs; creditable service ............................................................................................................. SB 98 Employees' Retirement; certain court administrators; certain service credit ................HB 838 Ethics; campaign contributions for judicial offices; prohibitions ................................... SB 72 Executions; judgments; cancellation when satisfied ...................................................HB 1431 Family Violence/Stalking Offenses; persons convicted; photo publication................HB 1259 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records ................................................................................. SB 339 Forensic Sciences, Division; state crime lab; designate reports as prima-facie ............ SB 508 Guardian/Ward; comprehensive rewrite of provisions..................................................HB 229 Gwinnett Judicial Circuit; new judgeship; term beginning 1/1/04................................ SB 234 Gwinnett Judicial Circuit; new judgeship; term beginning 7/1/03................................ SB 235 Income Tax Refund; setoff debt; probation fees and restitution orders ........................HB 677 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders ..................................................................... SB 102 Indigent Defense; Public Defender Standards Council; members ..............................HB 1318 Internet/Computer Safety Act; enact; offenses relating to internet contact with a child ............................................................................................................................ SB 103 Jail Booking Fees; operates a jail and pretrial detention facility; imposition, collection in traffic court ............................................................................................... SB 269 Joint Session; Governor's Message; inviting Justices of Supreme/Court of Appeals .......................................................................................................................... SR 567

1769

3676

INDEX

Judicial Emergency Act of 2004; enact.......................................................................HB 1450 Juries; noncapital felony cases; equal number of peremptory strikes ........................... SB 412 Jury Duty; exempt certain caregivers and home school teachers ................................HB 1227 Juvenile Court Judges; compensation from state funds; adjustment.............................HB 502 Juvenile Justice Reform; training programs; pretrial proceedings; indictment...........HB 1299 Juvenile Proceedings; certain conviction; termination of parental rights ...................HB 1632 Juvenile Proceedings; deprived children; order of disposition; time period ................. SB 148 Juvenile Proceedings; disposition and evidence against child in civil action ................. SB 48 Juvenile Proceedings; juvenile court jurisdiction; change age....................................HB 1418 Life Without Parole; imposed in certain cases under certain circumstances ................ SB 149 Local Victim Assistance Programs; funding; amend provisions ................................HB 1561 Mandatory Professional Malpractice Mediation Act; guidelines, offer of judgment ........................................................................................................................ SB 593 Municipal Courts; collection of delinquent fines, costs; enforcement.......................... SB 163 Municipal Courts; pretrial intervention and diversion programs ..................................HB 821 Notaries Public; amend provisions; superior court fees ..............................................HB 1617 Pataula Judicial Circuit; change certain terms of court ...............................................HB 1373 Patriot Jury Act; guidelines for exemptions of jury duty; postponements .................... SB 523 Peace Officer/Prosecutor Training Fund; accounting of all deposits.............................. SB 46 Premarital Counseling; financial incentive; marriage licenses ...................................HB 1451 Probate Courts; certain judges; salary increases..........................................................HB 1372 Protection of the Victims of Domestic Violence Act; change the duration of temporary protective orders........................................................................................... SB 293 School Attendance Requirements; driver's license; change penalties........................... SB 428 Sentence Reduction; review panel; memorandum of decision....................................HB 1335 Service Delivery; exemptions from the definition of local government ....................... SB 592 Sexual Assault Victims; improved assistance; sexual abuse protocol committee ...................................................................................................................... SB 457 Sheriff, Office of; nonpartisan elections ......................................................................... SB 26 Sheriffs Engaging in Certain Businesses; violation of oath of office ...........................HB 415 Superior Court Clerks' Cooperative Authority; fees and records; extend sunset dates...............................................................................................................................HB 810 Superior Court Clerks' Cooperative Authority; filing fees; real estate and personal property ........................................................................................................... SB 195 Superior Court Judges; judicial circuits; initial appointment, election, term ................ SB 594 Supersedeas Bonds; provide for other types of security................................................ SB 411 Theft; certain offenses involving commercial vehicles; penalties; fines ....................HB 1456 Torts; transfer of structured settlement payment rights; court filings; notice of cancellation rights.......................................................................................................... SB 174 Trial Juries; size of panels; jury selection; number of peremptory strikes ...................... SB 27 Trials; continuance; certain judicial service in another court......................................HB 1455 Victim Assistance Programs; local; county commission; fines; penalty....................... SB 565 Victim Assistance Programs; local; fines; increase percentage of penalty ................... SB 566

1770

3677

INDEX

Vital Records; birth certificate in legitimations, paternity, adoptions........................... SB 263 Workers' Compensation; certain claimants; appointment of guardian; settlements ...................................................................................................................HB 1278
COURTS, ADMINISTRATIVE OFFICE OF THE Civil Filings/Criminal Fines; additional charges; repeal certain charges......................HB 869 Courts Technology Advisory Board and Council; successor to Georgia Courts Automation Commission............................................................................................... SB 306 Criminal Procedure; demand for trial; time expiration; appeals ..................................... SB 45 Vital Records; birth certificate in legitimations, paternity, adoptions........................... SB 263
COWETA COUNTY Atlanta Regional Commission; certain counties; ratify partial incorporation.............HR 1308 Coweta County; state court; continuation ...................................................................HB 1757 Designate; Alan Jackson Highway; Coweta County..................................................... SR 569 Designate; Alan Jackson Highway; Coweta County..................................................... SR 781 Designate; Billy Jiles Memorial Highway; Carroll/Coweta County ............................. SR 829 Designate; George W. Potts Highway; Coweta County................................................ SR 626 Designate; George W. Potts Highway; Coweta County................................................ SR 797
CRAWFORD COUNTY Crawford County; board of elections and registration; create.....................................HB 1771
CRIMES AGAINST THE PERSON ( Also see Victims of Crime) Aggravated Child Molestation; court discretion of convicted persons; punishment .................................................................................................................... SB 620 Crime; female genital mutilation; punishment; exceptions........................................... SB 418 Crimes Against Person; murder offense; imprisonment for life without parole ........... SB 442 Crimes Against Person; redefine feticide; punishment for offense............................... SB 474 Crimes Against Public School Employees; redefine school property; school bus drivers; mandatory training...................................................................................HB 1179 Cruelty to Children; crime of endangerment; sexual abuse; prosecution........................ SB 10 Cruelty to Children; endangering a child in the second degree; criminal negligence.......................................................................................................................... SB 1 Cruelty to Children; second degree; nonmerger provision..........................................HB 1229 Family Violence and Stalking Offenses; persons convicted; photo publication.........HB 1259 Laci and Connor's Law; unborn child developed; feticide; remove requirement.................................................................................................................... SB 466 School Readiness; change name to Bright from the Start; revise ................................. SB 456 Street Gangs; graffiti; violent acts; weapons possession; prohibitions ......................... SB 309 Students Committing Prohibited Acts; parents notified by school principal ................ SB 598 Theft; certain offenses involving commercial vehicles; penalties; fines ....................HB 1456

1771

3678

INDEX

CRIMES AND OFFENSES (CRIMINAL CODE) Abandoned Child Protection Act; newborns left at medical facilities; penalty ............ SB 186 Aggravated Child Molestation; court discretion of convicted persons; punishment .................................................................................................................... SB 620 Amirah Joyce Adem Act; offense of female mutilation; penalty.................................. SB 452 Arson or Explosives Used During Commission of a Felony; penalties ........................ SB 184 Bingo Games; operation by auxiliary unit of parent organization ................................HB 772 Bingo; fee for conducting games; increase .....................................................................HB 87 Bingo; licensed operator; may assist in operation of games in licensed auxiliary......................................................................................................................... SB 492 Campus Sexual Assault Information Act; establish written policy; enact .................... SB 538 Child Abuse Records; prohibited disclosure when criminal action is pending............. SB 199 Child Molestation; monitoring of defendant; add. punishment for offense .................. SB 469 Child Sexual Exploitation; unlawful acts involving computer pornography; change penalties............................................................................................................. SB 124 Child Welfare Agencies; recall notices on unsafe products; provide; certain records checks; amend provisions ...............................................................................HB 1347 Children's Internet Protection Act; safety policies in schools, libraries; conditional funding for computers .................................................................................. SB 52 Children; prohibit the sale or offer for sale of a child by parent or guardian................ SB 281 Cigarettes/Tobacco Products; prohibit possession by minors; exceptions....................HB 653 Community Affairs Department; Section 8 housing fraud; provide investigative powers ...................................................................................................... SB 510 Computer Systems; transmission of unsolicited bulk e-mail; prohibit........................HB 1424 Controlled Substances; distribution, sale, purchase, manufacture; penalties................ SB 440 Controlled Substances; regulate opioid treatment; dangerous drug; change provisions ...................................................................................................................... SB 502 Controlled Substances; trafficking in ecstacy; define offense ....................................HB 1441 Crime; female genital mutilation; punishment; exceptions........................................... SB 418 Crimes Against Person; murder offense; imprisonment for life without parole ........... SB 442 Crimes Against Person; redefine feticide; punishment for offense............................... SB 474 Crimes Against Public School Employees; redefine school property; school bus drivers; mandatory training...................................................................................HB 1179 Crimes;opening certain accounts using minor's social security number; define offense .........................................................................................................................HB 1285 Criminal Prosecution for Offenses Against Minor Children; pleas ................................ SB 21 Criminal Reproduction; film piracy; immunity for detention due to suspicion ............ SB 439 Criminal Trespass/Damage to Property; crime of possession of tools.......................... SB 311 Cruelty to Children; crime of endangerment; sexual abuse; prosecution........................ SB 10 Cruelty to Children; endangering a child in the second degree; criminal negligence.......................................................................................................................... SB 1 Cruelty to Children; redefine; criminal negligence, serious injury; penalties ............... SB 467 Cruelty to Children; second degree; nonmerger provision..........................................HB 1229

1772

3679

INDEX

Death Investigations; patients receiving compensated care in facilities licensed by DHR............................................................................................................ SB 111 Disabled Adults and Elder Persons; penalties for abuse, neglect, and exploitation ...................................................................................................................... SB 12 Disabled Adults/Elder Persons; illegal to discriminate complaints of abuse ................ SB 420 DNA; applicability of testing procedures; change provisions....................................... SB 482 Drug Trafficking Prevention Act; prosecute a person for trafficking........................... SB 284 Drug-Free Commercial Zones; counties, municipalities; Community Affairs Department .................................................................................................................... SB 567 Family Violence and Stalking Offenses; persons convicted; photo publication .........HB 1259 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records ................................................................................. SB 339 Georgia Database Protection and Economic Development Act of 2003 ........................ SB 38 Georgia Smokefree Air Act; prohibit smoking in certain facilities/areas; penalties......................................................................................................................... SB 507 Gift Card Integrity Act; impose fee; definitions............................................................ SB 618 Governor; emergency powers; repeal certain powers relating to firearms...................... SB 92 Graffiti; compensation to property owners; use of inmate labor to remove graffiti from private property......................................................................................... SB 313 Graffiti; criminal damage to property; programs for compensating owners, innocent victims............................................................................................................. SB 312 Guardian/Ward; comprehensive rewrite of provisions..................................................HB 229 Health Access Improvement Act; Advanced practice registered nurse; regulations ..................................................................................................................... SB 376 Home Arrest Program; authorize additional types of supervision; change qualifications ................................................................................................................. SB 487 Identity Fraud; violations; law enforcement investigations; consumer victims damages ......................................................................................................................... SB 349 Interfering with Electronic Monitoring Devices; define offense ................................HB 1160 Internet Child Pornography Prevention Act; violations by internet service providers ........................................................................................................................ SB 232 Internet/Computer Safety Act; enact; offenses of internet contact with a child............ SB 103 Laci and Connor's Law; unborn child developed; feticide; remove requirement.................................................................................................................... SB 466 Levi's Call; exempt broadcasters from civil liability; conditions and limitation........... SB 400 Life Without Parole; imposed in certain cases under certain circumstances ................ SB 149 Motor Vehicle; certificate of title; fraudulent acts; penalties........................................ SB 299 Nuisance Abatement Liens; collection procedures; foreclosures.................................. SB 182 Nuisance Abatement; graffiti visible from adjoining public or private property.......................................................................................................................... SB 310 Nurses, Advanced Practice Registered; prescriptive authority ....................................... SB 36 Offense of Fleeing or Attempting to Elude a Police Officer; penalties ........................ SB 297

1773

3680

INDEX

Patient Safe Prescription Drug Act; regulate electronically transmitted data; patient's choice of retail pharmacy ................................................................................ SB 179 Payday Lending; Deferred Presentment or Advance Cash Services; regulate unlawful transactions..................................................................................................... SB 157 Perpetrators of Felonies; local government rewards; remove limitation.......................HB 359 Physician Assistants; change job descriptions, licensure, definition; revisions ............ SB 458 Prepaid Adult Cards; prohibit sale, distribution to minors; penalties ........................... SB 606 Preservation of Evidence From Criminal Cases, Senate Study Committee, creating .......................................................................................................................... SR 321 Property Involved With Illegal Drug Activities; enhanced penalties............................ SB 324 Prostitution, Pimping or Pandering; keeping a place for; penalties ................................ SB 77 Protection of the Victims of Domestic Violence Act; change the duration of temporary protective orders........................................................................................... SB 293 Public Transit; buses, rapid rail cars, stations; allow bottled water ..............................HB 778 School Attendance Requirements; driver's license; change penalties........................... SB 428 Sexual Assault Victims; improved assistance; sexual abuse protocol committee ...................................................................................................................... SB 457 Sexual Offender Registry; First Offenders; change registration requirements ...........HB 1093 Sexually Offensive Material/Content; distribution through electronic media .................. SB 5 Smoking in Motor Vehicle With Child in Car Seat; define offense ...........................HB 1138 Street Gangs; graffiti; violent acts; weapons possession; prohibitions ......................... SB 309 Students Committing Prohibited Acts; parents notified by school principal ................ SB 598 Tattooing Near the Eye; prohibition; expand exception................................................HB 183 Theft; certain offenses involving commercial vehicles; penalties; fines ....................HB 1456 Vehicular Homicide in the Second Degree; change provisions .................................... SB 227 Witnesses; criminal defendants; evidence of character; impeachment method ............ SB 484
CRIMINAL JUSTICE COORDINATING COUNCIL Criminal Justice Coordinating Council; membership; law enforcement; insurance........................................................................................................................ SB 427 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders ..................................................................... SB 102
CRIMINAL LIABILITY Cruelty to Children; redefine; criminal negligence, serious injury; penalties ............... SB 467
CRIMINAL PROCEDURE; PROSECUTION; DEFENSES Aggravated Child Molestation; court discretion of convicted persons; punishment .................................................................................................................... SB 620 Alternate Indigent Delivery Systems; requirements; change provisions....................... SB 512 Appeals; postconviction DNA testing; procedure.........................................................HB 599 Attorney General; prosecution of sentenced persons; general provisions..................... SB 424 Bail; family violence offenses; clarify bond conditions..............................................HB 1489

1774

3681

INDEX

Bail; no judgement should be rendered in appearance bond......................................... SB 409 Bonding Companies; credits/vouchers; conditions not warranting forfeiture............... SB 410 Bonds/Recognizances; remove court's discretion for certain persons...........................HB 918 Controlled Substances; distribution, sale, purchase, manufacture; penalties................ SB 440 County Law Libraries; board of trustees; DA membership; use of collected funds ................................................................................................................................ SB 83 Crimes Against Person; murder offense; imprisonment for life without parole ........... SB 442 Crimes Against Person; redefine feticide; punishment for offense............................... SB 474 Criminal Procedure; demand for trial; time expiration; appeals ..................................... SB 45 Criminal Procedure; discovery in felony cases; oral scientific reports; sentence hearings........................................................................................................... SB 175 Criminal Prosecution for Offenses Against Minor Children; pleas ................................ SB 21 Criminal Reproduction; film piracy; immunity for detention due to suspicion ............ SB 439 Criminal Trial; prosecuting attorney; conclude argument to jury ................................ SB 414 Cruelty to Children; crime of endangerment; sexual abuse; prosecution........................ SB 10 Graffiti; compensation to property owners; use of inmate labor to remove graffiti from private property......................................................................................... SB 313 Graffiti; criminal damage to property; programs for compensating owners, innocent victims............................................................................................................. SB 312 Home Arrest Program; authorize additional types of supervision; change qualifications ................................................................................................................. SB 487 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders ..................................................................... SB 102 Indigent Defense; Public Defender Standards Council; members ..............................HB 1318 Internet/Computer Safety Act; enact; offenses relating to internet contact with a child ............................................................................................................................ SB 103 Juvenile Justice Reform; training programs; pretrial proceedings; indictment...........HB 1299 Life Without Parole; imposed in certain cases under certain circumstances ................ SB 149 Local Victim Assistance Programs; funding; amend provisions ................................HB 1561 Personal Property in Custody of Law Enforcement Agency; disposition .....................HB 484 Probation Management Act; enact .............................................................................HB 1161 Restitutions; payment of medical cost from convicted persons; hold hearings ............ SB 419 Senior Protection Advisory Council; create ................................................................HB 1250 Sentence Reduction; review panel; memorandum of decision....................................HB 1335 Sexual Assault Victims; improved assistance; sexual abuse protocol committee ...................................................................................................................... SB 457 Superior Court Review Panel; reduce sentence; provide facts of decision................... SB 441 Trial Juries; size of panels; jury selection; number of peremptory strikes ...................... SB 27 Vehicular Homicide in the Second Degree; change provisions .................................... SB 227 Work Release Programs; felony sentences; provisions...............................................HB 1182 School Readiness; change name to Bright from the Start; revise ................................. SB 456 School Attendance Requirements; driver's license; change penalties........................... SB 428

1775

3682

INDEX

CRUELTY TO CHILDREN Children; prohibit the sale or offer for sale of a child by parent or guardian................ SB 281 Cruelty to Children; crime of endangerment; sexual abuse; prosecution........................ SB 10 Cruelty to Children; redefine; criminal negligence, serious injury; penalties ............... SB 467 Cruelty to Children; second degree; nonmerger provision..........................................HB 1229
D
DADE COUNTY Dade County; board of commissioners; revise districts for election of members ....................................................................................................................... SB 549 Dade County; board of education; revise districts for election of members ................ SB 547
DALTON, CITY OF Dalton, City of; homestead exemption; certain residents...........................................HB 1782 Dalton, City of; homestead exemption; certain residents; referendum ......................HB 1783
DAMS Watershed Dams; committee to study safety issues ..................................................... SR 442
DAVIS ACADEMY "ORT" PROGRAM; exchange students recognized...............Page 322
DAWSON Terrell County Airport Authority; name and membership; change............................HB 1495
DAY CARE Child Care Facilities; liability insurance coverage......................................................... SB 24 Child Welfare Agencies; recall notices on unsafe products; provide; certain records checks; amend provisions..............................................................................HB 1347
DEAF PERSONS Assistance Dogs; interfering with, assaulting, killing; penalties .................................HB 211 Georgia Commission on the Hard of Hearing; create ................................................HB 1653
DEATH PENALTY; CAPITAL CASES ( Also see Courts; Sentence; Crimes) Trial Juries; size of panels; jury selection; number of peremptory strikes..................... SB 27
DEBTOR AND CREDITOR Homestead Property; levy, sale; reciprocal exemption; resident judgment debtor; creditor resident in another state ...................................................................... SB 347
DECATUR COUNTY Decatur County; board of elections and registration; create ......................................HB 1363

1776

3683

INDEX

Property Conveyances; authorizing in 8 counties; Baldwin, Bartow, Chatham, Decatur, DeKalb, Fulton, Wayne and White ............................................... SR 224
DECOSTA, BEN; COMMISSIONER OF HARTSFIELD-JACKSON AIRPORT; addressed the Senate...............................................................................Page 1044
DEFENSE, DEPARTMENT OF Sales Tax Exemption; overhead materials; certain government contractors..............HB 1238
DEKALB COUNTY DeKalb County Court Technology Fund; create.......................................................... SB 629 DeKalb County; board of registration and elections .................................................... SB 259 DeKalb County; homestead exemption percentages; county school district purposes........................................................................................................................ SB 632 DeKalb County; recorder's court judge; change terms...............................................HB 1622 DeKalb County; school taxes collected by tax commissioner; reimbursement ........... SB 386 DeKalb County; sheriff's compensation....................................................................... SB 630 Designate; Earl Paulk Parkway; DeKalb County........................................................... SR 38 Designate; Earl Paulk Parkway; DeKalb County......................................................... SR 828 Designate; Judge Jim Weeks Intersection; DeKalb County......................................... SR 869 MARTA; board of director; selected voting member of metro regional development center....................................................................................................... SB 384 Property Conveyances; authorizing in 8 counties; Baldwin, Bartow, Chatham, Decatur, DeKalb, Fulton, Wayne and White ............................................... SR 224
DENNISON, BRENDA; MAYOR OF OFFERMAN; addressed the Senate.............Page 87
DENTISTS AND DENTAL HYGIENISTS Cosmetic Dental Coverings; urge removal of unlicensed providers............................HR 228 Dentists /Dental Hygienists; amend provisions..........................................................HB 1141 Health Care Protection Act; health care licensing violations; penalties ...................... SB 162 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133
DEVELOPMENT AUTHORITIES LAW County; joint development authority; tax credit for businesses in those counties......................................................................................................................... SB 444
DIETITIANS Health Care Protection Act; health care licensing violations; penalties ...................... SB 162
DIGITAL EQUIPMENT AND COMPUTERS ( Also see Electronic; Film) Building Permits Through Certain Electronic Media; application; payments ............... SB 39

1777

3684

INDEX

Child Sexual Exploitation; unlawful acts involving computer pornography; change penalties ........................................................................................................... SB 124 Children's Internet Protection Act; safety policies in schools, libraries; conditional funding for computers ................................................................................. SB 52 Colleges and Technical Schools; textbooks in electronic format.................................HB 712 Computer Systems; transmission of unsolicited bulk e-mail; prohibit.......................HB 1424 Courts Technology Advisory Board and Council; successor to Georgia Courts Automation Commission .................................................................................. SB 306 Education; certain personnel; continuing education online .......................................HB 1698 Georgia Database Protection and Economic Development Act of 2003 ....................... SB 38 Income Tax; job tax credits; less developed areas; certain businesses; enterprise zones ............................................................................................................HB 984 Internet Child Pornography Prevention Act; violations by internet service providers....................................................................................................................... SB 232 Local Government; internet request for proposals, notice of a pre-bid conference; contract/bid requirements ......................................................................... SB 365 Maxwell High School of Technology; recognize......................................................... SR 880 Sales Tax Exemption; school supplies; clothing; computers; limited time................HB 1184 Sexually Offensive Material/Content; distribution through electronic media ................. SB 5
DILLARD, CITY OF Dillard, City of; corporate limits ................................................................................HB 1572
DISABLED PERSONS; ADULTS AND ELDER PERSONS Death Investigations; patients receiving compensated care in facilities licensed by DHR........................................................................................................... SB 111 Death Investigations; persons receiving "compensated care"; notification ................. SB 285 Disabled Adults and Elder Persons; penalties for abuse, neglect, and exploitation..................................................................................................................... SB 12 Disabled Adults/Elder Persons; illegal to discriminate complaints of abuse............... SB 420 Georgia Commission on the Hard of Hearing; create ................................................HB 1653 Senate Assisted Living and Long Term Care Study Committee; create ...................... SR 901
DISABLED PERSONS; ACCESS TO PUBLIC FACILITIES Rules of the Road; Parking Law for Persons with Disabilities; redefine terms ........... SB 481
DISEASES AND METABOLIC DISORDERS; HAZARDOUS CONDITIONS Childhood Vaccination Registry; include all persons from birth to death .................HB 1526 College Students; vaccination against meningococcal meningitis............................... SB 266 Contact Lenses; selling and dispensing; amend provisions .......................................HB 1496 Contact Lenses; sold/dispensed by licensed providers; revisions; violations .............. SB 513 Tort Immunity; federal smallpox vaccination program; hospitals, health care providers....................................................................................................................... SB 336

1778

3685

INDEX

Vaccination Program for Emergency Responders Exposed to Infectious Diseases; contingent upon bioterrorism funding.......................................................... SB 333
DISTILLED SPIRITS Alcoholic Beverages; defective products exchange or return; product samples ......................................................................................................................... SB 352
DISTRICT ATTORNEYS RETIREMENT SYSTEM Assistant District Attorneys; retirement; prior service credit....................................... SB 318
DIVORCE ( Also see Domestic Relations) Divorce; grounds; extend time frame; effect of legal separation on children; statistics ........................................................................................................................ SB 298
DNA Appeals; postconviction DNA testing; procedure........................................................HB 599
DOCTORS OF THE DAY Abdi, Dr. Zia.............................................................................................................Page 1252 Abdul Samed, Dr. Gigi...............................................................................................Page 531 Bagnato, Dr. John .......................................................................................................Page 458 Bashuk, Dr. Robert...................................................................................................Page 1314 Blakeslee, Dr. Don .....................................................................................................Page 198 Boyer, Dr. Kathy Hall.................................................................................................Page 626 Brewer, Dr. Spencer ...................................................................................................Page 245 Camacho, Dr. Victor.....................................................................................................Page 87 Clark, Dr. Elizabeth..................................................................................................Page 2124 Cooper, Dr. Tom.......................................................................................................Page 2921 Daugherty, Dr. Steve ................................................................................................Page 1849 Easterling, Dr. Kathy................................................................................................Page 1151 Fincher, Dr. Jacqueline.............................................................................................Page 1174 Garland, Dr. Brenda ...................................................................................................Page 399 Ghiathia, Dr. A.S. .....................................................................................................Page 1667 Gilbert, Dr. Samuel ..................................................................................................Page 1494 Griffin, Dr. Ralph, Jr.. ................................................................................................Page 608 Higgins, Dr. Joel ........................................................................................................Page 105 Holbrook, Dr. Stephen................................................................................................Page 503 Hunt, Dr. Gary............................................................................................................Page 425 Kaufmann, Dr. Bobby ..................................................................................................Page 49 Kayal, Dr. John...........................................................................................................Page 999 Kazzi, Dr. Ziad ...........................................................................................................Page 587 Lambert, Dr. Jerry ....................................................................................................Page 1280 Langford, Dr. Terry ..................................................................................................Page 2546

1779

3686

INDEX

Lowery, Dr. Doug.......................................................................................................Page 153 Marshall, Dr. David..................................................................................................Page 1051 Maxey, Dr. Joy .............................................................................................................Page 71 McMahon, Dr. Howard ............................................................................................Page 1707 Menendez, Dr. Jack ....................................................................................................Page 965 Mosley, Dr. Wayne.....................................................................................................Page 126 Newton, Dr. Mark.....................................................................................................Page 1024 Plummer, Dr. Alan .......................................................................................................Page 60 Riley, Dr. Thad ...........................................................................................................Page 322 Robinowitz, Dr. Michael ............................................................................................Page 514 Segerman, Dr. Steve ...................................................................................................Page 978 Shaffa, Dr. Michael ....................................................................................................Page 552 Smith, Dr. Michael .....................................................................................................Page 146 Westmoreland, Dr. Gene ........................................................................................... Page 182 Williams, Dr. Gary. ................................................................................................. Page 2183
DOGS (Also see Animals) Assistance Dogs; interfering with, assaulting, killing; penalties .................................HB 211 Deer Hunting With Dogs; licenses/permits; nonrenewal; right to a hearing ............... SB 406 Hunting Deer With Dogs; permits; amend provisions ...............................................HB 1558 Liens; treatment, board, or care of animals; change provisions...................................HB 941 Special License Plates; revenue dedication; certain nonprofit organizations ............HR 1322
DOMESTIC RELATIONS ( Also see Alimony; Child Custody; Divorce; Minors) Abandoned Child Protection Act; newborns left at medical facilities; penalty ........... SB 186 Abortion; proper identification to physician; minor's parent or guardian .................... SB 240 Marriage; no union between same sex is recognized by the state................................ SR 595 Child Abuse Records; prohibited disclosure when criminal action is pending............ SB 199 Child Custody or Visitation Orders; notices; relocation or change of residence......................................................................................................................... SB 16 Child Custody; court appointed custody evaluator; liability ......................................HB 1194 Child Custody; right of children; selection of custodial parent; certain ages .............. SB 326 Child Placement; adoption petition; time limit requirement ......................................HB 1322 Child Support; computation of award, guidelines, income deduction orders ................ SB 17 Children; prohibit the sale or offer for sale of a child by parent or guardian............... SB 281 Cruelty to Children; crime of endangerment; sexual abuse; prosecution....................... SB 10 Cruelty to Children; endangering a child in the second degree; criminal negligence......................................................................................................................... SB 1 Divorce; grounds; extend time frame; effect of legal separation on children; statistics ........................................................................................................................ SB 298 Drivers' Licenses/Auto Insurance; forms of ID for noncitizens from FTAA member countries ......................................................................................................... SB 181

1780

3687

INDEX

Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 Family Violence Shelter Confidentiality Act; requirement of telephone companies not to disclose location............................................................................... SB 147 Family/Children Services; establish separate department and agency......................... SB 241 Juvenile Proceedings; deprived children; order of disposition; time period ................ SB 148 Marriage; application of license; State Office of Vital Records; revisions ................. SB 478 Premarital Counseling; financial incentive; marriage licenses ..................................HB 1451 Protection of the Victims of Domestic Violence Act; change the duration of temporary protective orders.......................................................................................... SB 293 Registered Public Accountants; certification as CPA; repeal provisions .................... SB 449 School Readiness; change name to Bright from the Start; revise ................................ SB 456 Sexual Assault Victims; improved assistance; sexual abuse protocol committee ..................................................................................................................... SB 457 State Commission on Family Violence; extend the date to cease to exist ................... SB 535 Vital Records; birth certificate in legitimations, paternity, adoptions.......................... SB 263
DOOLY COUNTY Dooly County; county administrator; create office ....................................................HB 1209
DOUGHERTY COUNTY Dougherty County; change description of commission districts.................................. SB 379 Dougherty County; change description of education districts ..................................... SB 380 Public Property; conveyance; grant utility easements; 13 counties.............................. SR 651
DOUGLAS COUNTY Douglas County State Court; filed civil action; provide additional fee ....................... SB 583 Western Area Regional Radio System Authority; create ...........................................HB 1715
DOUGLASVILLE, CITY OF Western Area Regional Radio System Authority; create ...........................................HB 1715
DRIVER TRAINING INSTRUCTORS AND SCHOOLS Drivers' Licenses and Training; vehicle insurance lapse fees; truck identification standards; administrative procedure.....................................................HB 1168
DRIVERS LICENSES ( Also see Motor Vehicles) Abortion; proper identification to physician; minor's parent or guardian .................... SB 240 Drivers' Licenses/Training; vehicle insurance lapse fees; truck identification standards; administrative procedure...........................................................................HB 1168 Drivers' Licenses/Auto Insurance; forms of ID for noncitizens from FTAA member countries ......................................................................................................... SB 181 Drivers' Licenses; applications; use of military identification card ............................. SB 262

1781

3688

INDEX

Drivers' Licenses; certain suspension; limited driving permits....................................HB 185 Drivers' Licenses; class D/instruction permits; use of cellphones; prohibit................. SB 621 Drivers' Licenses; not same as social security/identification card ............................... SB 564 Drivers' Licenses; suspension; certain time period ....................................................HB 1274 Drivers' Licenses; suspension; nonresidents; prescribed forms .................................HB 1177 DUI; prohibitions, punishment; revise and harmonize provisions................................. SB 75 Identity Fraud; violations; law enforcement investigations; consumer victims damages ........................................................................................................................ SB 349 Motor Vehicles; traffic offenses; conviction notification ..........................................HB 1159 Motorized Cart; redefine; amend provisions..............................................................HB 1063 Motorized Carts; change definition and provisions ..................................................... SB 398 School Attendance Requirements; driver's license; change penalties.......................... SB 428 Student Achievement, Office of; create; comprehensive revisions regarding education accountability............................................................................................... SB 248 Truancy Enforcement Act; school attendance; obtaining/maintaining permit............. SB 392
DRIVING UNDER THE INFLUENCE, DUI Driving Under the Influence; additional penalties; victim compensation awards.............................................................................................................................HB 20 DUI; prohibitions, punishment; revise and harmonize provisions................................. SB 75 Ignition Interlock Device Providers Act; enact..........................................................HB 1162 Ignition Interlock Devices; limited driving permits; revocation; provisions .............HB 1158
DRUGS AND COSMETICS; STANDARDS, LABELING, AND ADULTERATION Property Involved With Illegal Drug Activities; enhanced penalties........................... SB 324
DUDLEY, CITY OF Dudley, City of; corporate limits................................................................................HB 1449
DUKE, MICHAEL; U.S. ARMY SERGEANT MAJOR; addressed Senate ..........Page 182
E
EAST DUBLIN, CITY OF East Dublin, City of; corporate limits.........................................................................HB 1784
EAST POINT, CITY OF City of East Point Charter Commission; create..........................................................HB 1734 City of East Point Charter Commission; create............................................................ SB 619
ECONOMY AND ECONOMIC DEVELOPMENT Drivers' Licenses/Auto Insurance; forms of ID for noncitizens from FTAA member countries ......................................................................................................... SB 181

1782

3689

INDEX

Excise Taxes; hotel-motel tax; change definitions......................................................... SB 63 Georgia Community Streetcar Development/Revitalization; streetcar transportation................................................................................................................ SB 516 Income Taxes; jobs tax credits; designation of counties as less developed areas; business closings in areas comprising military bases .......................................... SB 11 Sales Tax; applicable to commerce and trade; definitions ............................................. SB 62 Savannah River; Joint Port Authority Study Committee; proposed operation on both north and south sides of river .......................................................................... SR 271 Savannah River; urge bilateral port commission; GA/SC interstate compact ............. SR 240 Winecoff Hotel, Joint Study Committee on the Rehabilitation of; create.................... SR 303
EDUCATION ( Also see Colleges; Schools; Teachers) "Spread the Word Program Act"; provide for children/schools that need additional books ........................................................................................................... SB 554 Air Pollution Control/Prevention; local boards of education; rules/regulation............ SB 536 American Heritage in Education Act; writings posted in public school building......................................................................................................................... SB 394 Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431 Board of Education/Superintendent; urge grading system for Georgia K-12 .............. SR 850 Boards of Education; local; unexpired term; special election; fill vacancy ................. SB 391 Bryan County; homestead exemption; urge commissioners to adopt for educational purposes .................................................................................................. SR 1052 Lottery Proceeds; operating expenses of lottery; educational programs...................... SR 678 Public Schools; uniform school disciplinary policy..................................................... SR 889 Sales Tax; educational purposes; change certain imposition requirements ................. SR 580 Taxpayers' Dividend Act; restrict amendments that increase appropriations .............. SR 160 Teacher-Student Ratios; provide maximum student-teacher ratios.............................. SR 660 Campus Sexual Assault Information Act; establish written policy; enact ................... SB 538 Charter School Act of 1998; petition; submission to state board of education............ SB 578 Charter Schools Act; virtual charter schools; provide construction............................. SB 203 Charter Schools; funding; facilities fund; surplus property; bulk purchasing.............. SB 216 Children's Internet Protection Act; safety policies in schools, libraries; conditional funding for computers ................................................................................. SB 52 Children's Vision Improvement/Learning Readiness Act; eye exams for children entering first grade ......................................................................................... SB 242 Colleges and Technical Schools; textbooks in electronic format.................................HB 712 County School Superintendents; employment contract; publication .........................HB 1123 Crimes Against Public School Employees; redefine school property; school bus drivers; mandatory training..................................................................................HB 1179 Distance Learning School; special K-12; authorize creation; funding; contracts........................................................................................................................ SB 579 EdGeorgia, LLC; urge Governor to establish educational loan ................................... SR 624

1783

3690

INDEX

Education Laws; amend provisions............................................................................HB 1190 Education, Local Boards; conflicts of interest; certain employee representation organization activities........................................................................... SB 194 Education; bullying by students; amend provisions ...................................................HB 1125 Education; certain personnel; continuing education online .......................................HB 1698 Education; certified school social worker specialists; salary increase .........................HB 320 Education; core curriculum; conform to national standards ......................................HB 1406 Education; local boards; adopt code of ethics ..............................................................HB 198 Education; professional personnel; results of background checks.............................HB 1151 Education; provide state-wide uniform violent incident reporting system .................. SB 622 Education; required courses in history and government; State Board prescribe .....................................................................................................................HB 1048 Education; sales to county school board by member; exception to prohibition .............HB 79 Education; standard grading system for K-12; urge Board study issue .....................HR 1346 Educators; salaries; local supplements; minimum salary schedule .............................. SB 130 Electronic Textbooks; make available to local boards, schools, and students .............HB 363 Georgia Academic Placement and Promotion Policy; amend certain provisions ...................................................................................................................HB 1310 Georgia Medical Center Authority; establishment; administrative assignment........... SB 485 Georgia Schools; promote health education/physical activity ..................................... SR 578 Health, Education, and Social Services; certain boards and councils; amend provisions ...................................................................................................................HB 1266 Home Arrest Program; authorize additional types of supervision; change qualifications ................................................................................................................ SB 487 Home Study Programs; qualifications of tutors .........................................................HB 1428 HOPE Scholarship Tuition Grants; change residency requirements............................ SB 287 HOPE Scholarship Tuition Grants; eligible part-time students ................................... SB 286 HOPE Scholarships; eligibility; amend provisions ....................................................HB 1325 HOPE Scholarships; eligibility; schools with certain accreditation...........................HB 1011 HOPE Scholarships; max. combined federal gross income; change amount............... SB 475 HOPE Scholarships; method of eligibility; adopt reporting system; definitions..................................................................................................................... SB 471 HOPE Scholarships; private colleges; certain part-time eligibility..............................HB 341 Industry, Trade and Tourism; Department of; change name......................................HB 1529 Interscholastic or Intramural Extracurricular Athletic Policy; provisions .................HB 1626 Joint Early Learning Initiative Commission; create ..................................................... SR 760 Local Boards of Education/School Councils; amend provisions ...............................HB 1208 Local Boards of Education; certain benefits; authorize funds .....................................HB 328 Local Government or Board of Education; contracts; bid opportunity advertisements; Georgia Procurement Registry ........................................................... SB 342 Local School Tax; five mill share; Ad Valorem Taxes for school purposes ............... SB 573 Local School Taxation; five mill share funds; calculations ........................................... SB 99

1784

3691

INDEX

Local School Taxation; five mill share funds; increased student population; capital expenditures...................................................................................................... SB 100 Lottery Technology Joint Study Committee; create..................................................... SR 907 National Certified School Counselors; qualified; salary increases .............................. SB 472 Parental Leave Act; enact...........................................................................................HB 1058 Public Funds; certain write-offs; Department of Technical and Adult Education....................................................................................................................HB 1582 Public Officers/Employees; payroll deductions; Higher Education Savings Plan.............................................................................................................................HB 1118 Public School Speech-Language Pathologists and Audiologist; salaries; national certification..................................................................................................... SB 268 Public School Systems; purchasing contracts and bid price regulations; electronic means ........................................................................................................... SB 294 Public Schools; time period for students to express personal religious beliefs ............. SB 90 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ...................................................... SB 273 Quality Basic Education; local share funds; equalization grants; midterm adjustment ..................................................................................................................HB 1539 Sales Tax; educational purposes; local boards; performance audit..............................HB 346 School Attendance Officers; authority; certain peace officers; duties .........................HB 395 School Attendance Requirements; driver's license; change penalties.......................... SB 428 School Bus Drivers; annual mandatory training; equipment; safety procedures; 'Aleana's Law' ........................................................................................... SB 143 School Construction; access to public street or road; provisions...............................HB 1068 School Readiness; change name to Bright from the Start; revise ................................ SB 456 Schools; health education and physical activity; urge funding ..................................HR 1096 Student Achievement, Office of; create; comprehensive revisions regarding education accountability............................................................................................... SB 248 Student Achievement, Office of; education flexibility/accountability; revisions........................................................................................................................ SB 429 Student Code of Conduct; bullying behavior; incidents reported to Education Department ................................................................................................................... SB 476 Student Finance Authority; editorial changes; certain definitions .............................HB 1547 Students Committing Prohibited Acts; parents notified by school principal ............... SB 598 Students in Home Study Programs; extracurricular programs in public schools; requirements ................................................................................................... SB 210 Teachers Retirement; creditable service in a local school system. ................................ SB 30 Teachers Retirement; creditable service; certain independent school system service........................................................................................................................... SB 226 Teachers Retirement; creditable service; prior independent school service ............... SB 141 Teachers Retirement; University System employees; optional plan ............................ SB 253 Teachers; duties that may not be required...................................................................... SB 54 Teachers; pay level for doctorate degree in any field................................................... SB 354

1785

3692

INDEX

Teachers; rights in demotion and nonrenewal of contracts............................................ SB 19 Timely Payments for Goods and Services; local governments and boards of education; failing to comply.......................................................................................HB 1304 Truancy Enforcement Act; school attendance; obtaining/maintaining permit............. SB 392 Wages Paid by State Contractors/Subcontractors; living wage requirement ............... SB 303
EDUCATION COORDINATING COUNCIL; OFFICE OF ACCOUNTABILITY Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431 Charter Schools; funding; facilities fund; surplus property; bulk purchasing.............. SB 216 Education Laws; amend provisions............................................................................HB 1190 Student Achievement, Office of; create; comprehensive revisions regarding education accountability............................................................................................... SB 248 Student Achievement, Office of; education flexibility/accountability; revisions........................................................................................................................ SB 429
EDUCATION, DEPARTMENT OF AND STATE BOARD OF "Spread the Word Program Act"; provide for children/schools that need additional books ........................................................................................................... SB 554 Board of Education/Superintendent; urge grading system for Georgia K-12 .............. SR 850 Boards of Education; local; unexpired term; special election; fill vacancy ................. SB 391 Public Schools; uniform school disciplinary policy..................................................... SR 889 Charter School Act of 1998; petition; submission to state board of education............ SB 578 Charter Schools; funding; facilities fund; surplus property; bulk purchasing.............. SB 216 Children's Vision Improvement/Learning Readiness Act; eye exams for children entering first grade ......................................................................................... SB 242 Education; provide state-wide uniform violent incident reporting system .................. SB 622 Education; required courses in history and government; State Board prescribe .....................................................................................................................HB 1048 Education; standard grading system for K-12; urge Board study issue .....................HR 1346 Georgia Academic Placement and Promotion Policy; amend certain provisions ...................................................................................................................HB 1310 Home Arrest Program; authorize additional types of supervision; change qualifications ................................................................................................................ SB 487 Interscholastic or Intramural Extracurricular Athletic Policy; provisions .................HB 1626 Local Boards of Education/School Councils; amend provisions ...............................HB 1208 Local School Taxation; five mill share funds; increased student population; capital expenditures...................................................................................................... SB 100 School Bus Drivers; annual mandatory training; equipment; safety procedures; 'Aleana's Law' ........................................................................................... SB 143 Schools; health education and physical activity; urge funding ..................................HR 1096 Student Achievement, Office of; create; comprehensive revisions regarding education accountability............................................................................................... SB 248

1786

3693

INDEX

Student Code of Conduct; bullying behavior; incidents reported to Education Department ................................................................................................................... SB 476
EDUCATION; ELEMENTARY AND SECONDARY "Spread the Word Program Act"; provide for children/schools that need additional books ........................................................................................................... SB 554 Air Pollution Control/Prevention; local boards of education; rules/regulation............ SB 536 American Heritage in Education Act; writings posted in public school building......................................................................................................................... SB 394 Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431 Athletic Trainers; licensing; exceptions .....................................................................HB 1394 Boards of Education; local; unexpired term; special election; fill vacancy ................. SB 391 Charter School Act of 1998; petition; submission to state board of education............ SB 578 Charter Schools Act; virtual charter schools; provide construction............................. SB 203 Charter Schools; funding; facilities fund; surplus property; bulk purchasing.............. SB 216 Children's Internet Protection Act; safety policies in schools, libraries; conditional funding for computers ................................................................................. SB 52 Children's Vision Improvement/Learning Readiness Act; eye exams for children entering first grade ......................................................................................... SB 242 County School Superintendents; employment contract; publication .........................HB 1123 Crimes Against Public School Employees; redefine school property; school bus drivers; mandatory training..................................................................................HB 1179 Distance Learning School; special K-12; authorize creation; funding; contracts........................................................................................................................ SB 579 Education Laws; amend provisions............................................................................HB 1190 Education, Local Boards; conflicts of interest; certain employee representation organization activities........................................................................... SB 194 Education; bullying by students; amend provisions ...................................................HB 1125 Education; certain personnel; continuing education online .......................................HB 1698 Education; certified school social worker specialists; salary increase .........................HB 320 Education; core curriculum; conform to national standards ......................................HB 1406 Education; local boards; adopt code of ethics ..............................................................HB 198 Education; professional personnel; results of background checks.............................HB 1151 Education; provide state-wide uniform violent incident reporting system .................. SB 622 Education; required courses in history and government; State Board prescribe .....................................................................................................................HB 1048 Education; sales to county school board by member; exception to prohibition .............HB 79 Education; standard grading system for K-12; urge Board study issue .....................HR 1346 Educators; salaries; local supplements; minimum salary schedule .............................. SB 130 Electronic Textbooks; make available to local boards, schools, and students .............HB 363 Georgia Academic Placement and Promotion Policy; amend certain provisions ...................................................................................................................HB 1310

1787

3694

INDEX

Home Study Programs; qualifications of tutors .........................................................HB 1428 HOPE Scholarships; eligibility; amend provisions ....................................................HB 1325 HOPE Scholarships; Georgia Student Finance Commission; reporting system; definitions........................................................................................................ SB 520 HOPE Scholarships; method of eligibility; adopt reporting system; definitions..................................................................................................................... SB 471 Interscholastic or Intramural Extracurricular Athletic Policy; provisions .................HB 1626 Local Boards of Education/School Councils; amend provisions ...............................HB 1208 Local Boards of Education; certain benefits; authorize funds .....................................HB 328 Local School Tax; five mill share; ad valorem taxes for school purposes................... SB 573 Local School Taxation; five mill share funds; calculations ........................................... SB 99 Local School Taxation; five mill share funds; increased student population; capital expenditures...................................................................................................... SB 100 National Certified School Counselors; qualified; salary increases .............................. SB 472 Parental Leave Act; enact...........................................................................................HB 1058 Public School Speech-Language Pathologists and Audiologist; salaries; national certification..................................................................................................... SB 268 Public School Systems; purchasing contracts and bid price regulations; electronic means ........................................................................................................... SB 294 Quality Basic Education; local share funds; equalization grants; midterm adjustment ..................................................................................................................HB 1539 Sales Tax Exemption; school supplies; clothing; computers; limited time................HB 1184 School Attendance Officers; authority; certain peace officers; duties .........................HB 395 School Attendance Requirements; driver's license; change penalties.......................... SB 428 School Bus Drivers; annual mandatory training; equipment; safety procedures; 'Aleana's Law' ........................................................................................... SB 143 School Construction; access to public street or road; provisions...............................HB 1068 Schools; health education and physical activity; urge funding ..................................HR 1096 Student Achievement, Office of; create; comprehensive revisions regarding education accountability............................................................................................... SB 248 Student Achievement, Office of; education flexibility/accountability; revisions........................................................................................................................ SB 429 Student Code of Conduct; bullying behavior; incidents reported to Education Department ................................................................................................................... SB 476 Students Committing Prohibited Acts; parents notified by school principal ............... SB 598 tudents in Home Study Programs; extracurricular programs in public schools; requirements ................................................................................................... SB 210 Teachers; duties that may not be required...................................................................... SB 54 Teachers; pay level for doctorate degree in any field................................................... SB 354 Teachers; rights in demotion and nonrenewal of contracts............................................ SB 19 Truancy Enforcement Act; school attendance; obtaining/maintaining permit............. SB 392

1788

3695

INDEX

EFFINGHAM COUNTY Effingham Family Connection Commission; membership provisions.......................HB 1718
ELBERT COUNTY Elbert County; form of government; advisory referendum ........................................HB 1621 Elbert County; probate judge and superior court clerk; salary...................................HB 1682 Elbert County; sheriff; compensation.........................................................................HB 1683 Elbert County; tax commissioner; compensation.......................................................HB 1680
ELDERLY Advisory Committee on Seniors and Prescription Drug Costs; establish ....................HB 935 Aging and Developmental Disabilities, Joint Study Committee; create ...................... SR 822 Child Welfare Agencies; recall notices on unsafe products; provide; certain records checks; amend provisions..............................................................................HB 1347 Death Investigations; patients receiving compensated care in facilities licensed by DHR........................................................................................................... SB 111 Disabled Adults and Elder Persons; penalties for abuse, neglect, and exploitation..................................................................................................................... SB 12 Federal Food Stamp Program for Low-Income Georgians; urge DHR adopt options to provide access.............................................................................................. SR 228 Georgia Seniors Prescription Drug Benefit Program Act; establish ............................ SB 112 Long-Term Care Services; in-home and community based care; consumer choice and control; Independence Plus Act ................................................................. SB 170 Natural Gas; discontinuing service to persons age 65 or disabled; prohibit during winter heating season........................................................................................ SB 185 Nursing Homes; influenza and pneumococcal vaccinations; offer patients annually ......................................................................................................................HB 1709 Prescription Drugs for Seniors, Joint Study Committee; create..................................... SR 55 Prescription Drugs; Georgia Rx Plan for Seniors Act.................................................. SB 304 Senior Protection Advisory Council; create ...............................................................HB 1250
ELECTIONS ( Also see Ethics; Campaign Disclosure; Candidates) Probate Court Judges; nonpartisan election ................................................................. SR 277 Use of Public Money for Public Health/Social Services by Religious or Sectarian Organizations.................................................................................................... SR 1 House of Representatives; reapportionment; election from single-member districts ......................................................................................................................... SR 108 Public Funding of Social Services; allow religious or sectarian organizations ........... SR 560 Election Districts; legislative and congressional reapportionment; specify requirements; community of interest.............................................................................. SB 91 Election Superintendent; office to remain open until ballots are counted ...................HB 114 Election; qualifying fees; county officials; calculation................................................ SB 153

1789

3696

INDEX

Elections and Run-Off Elections; candidates receiving majority of votes shall be elected...................................................................................................................... SB 128 Elections Code; corrections........................................................................................HB 1247 Elections; congressional districts; composition and number ....................................... SB 135 Elections; direct recording electronic voting systems; amend provisions....................HB 427 Elections; nominees of political parties may not change party affiliation ................... SB 552 Electronic Voting System; permanent paper record; recounts/election proceedings................................................................................................................... SB 500 Ethics in Government; comprehensive revisions of provisions ................................... SB 517 Ethics in Government; Financial Disclosure Reform Act of 2003; enact........................ SB 3 Ethics Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments............................................................. SB 109 Ethics, State Commission; powers; campaign contribution disclosure; accounting procedures; reported violations.................................................................. SB 168 Ethics; campaign contribution disclosure reports; electronic filing permitted............. SB 396 Ethics; campaign contribution disclosure reports; filing functions; transfer to State Ethics Commission.............................................................................................. SB 144 Ethics; campaign contributions for judicial offices; prohibitions .................................. SB 72 Ethics; campaign disclosure reports; contributions and expenditures; disclose candidate's name........................................................................................................... SB 125 Ethics; conflicts of interest; code of ethics for government service; lobbying, nepotism, gifts, campaign contributors; comprehensive revisions............................... SB 108 Ethics; disposition of excess campaign contributions.................................................... SB 82 Ethics; distribution of campaign contributions; ordinary and necessary expenses ....................................................................................................................... SB 338 Ethics; Labor and Employer Campaign Finance Reform Act........................................ SB 40 Ethics; reforms; campaign contributions; activities on behalf of inmates ..................... SB 31 Ethics; unlawful to use/accept public funds for lobbying; penalties............................ SB 446 Local Government Cable Fair Competition Act of 1999; amend ................................ SB 445 Poll Officers; residents of the county/municipality served; remove requirements ................................................................................................................. SB 534 Sheriff, Office of; nonpartisan elections ........................................................................ SB 26 Voter Choice/Election Access Reform Act; political bodies nominate candidates ..................................................................................................................... SB 533 Voters; application for fishing, hunting serve as registration; procedures................... SB 541 Voting Precincts; boundaries; gated community or planned unit development.........HB 1228 Voting; direct recorded electronic voting systems; provide voter printed record of the vote cast .................................................................................................. SB 340
ELECTRIC UTILITIES AND ELECTRICAL SERVICE Electric Transmission Lines, Joint Study Committee on Location of; create .............. SR 308 Electric Utilities; eminent domain proceedings; Transmission Facility Siting Act; Electric Utility Infrastructure Planning Study Committee ................................... SB 359

1790

3697

INDEX

Eminent Domain; condemnation; electric power plants, power lines.......................... SB 267 Eminent Domain; electric transmission lines; provisions; certain exceptions .............HB 373 PSC; applications and proceedings; administrative fees.............................................. SB 219 Public Service Corporations/Utilities; increase certain fees ......................................HB 1354
ELECTRICAL CONTRACTORS, PLUMBERS, CONDITIONED AIR CONTRACTORS, LOW-VOLTAGE CONTRACTORS, AND UTILITY CONTRACTORS
Building Permits Through Certain Electronic Media; application; payments ............... SB 39 Business/Occupation Tax; certain construction permits; mail or electronic means..........................................................................................................................HB 1598 Contractors; electrical, plumbing, conditioned air; licensure; new provisions ............ SB 577 Electrical Sign Contracting; licensure of contractors................................................... SB 341 Eminent Domain; electric transmission lines; provisions; certain exceptions .............HB 373 Road Construction/Repair of Manhole Rings; contractor; regulation ........................... SB 18
ELECTRONIC RECORDS AND SIGNATURES Electronic Records/Signatures; warranty deed; provide acceptance of signature ....................................................................................................................... SB 561 Ethics; campaign contribution disclosure reports; electronic filing permitted............. SB 396 Georgia Database Protection and Economic Development Act of 2003 ....................... SB 38 Identity Fraud; violations; law enforcement investigations; consumer victims damages ........................................................................................................................ SB 349 Patient Safe Prescription Drug Act; regulate electronically transmitted data; patient's choice of retail pharmacy ............................................................................... SB 179 Voting; direct recorded electronic voting systems; provide voter printed record of the vote cast .................................................................................................. SB 340
ELECTRONIC TECHNOLOGY, TRANSMISSIONS Building Permits Through Certain Electronic Media; application; payments ............... SB 39 Child Sexual Exploitation; unlawful acts involving computer pornography; change penalties ........................................................................................................... SB 124 Children's Internet Protection Act; safety policies in schools, libraries; conditional funding for computers ................................................................................. SB 52 Colleges/Technical Schools; textbooks in electronic format .......................................HB 712 Computer Systems; transmission of unsolicited bulk e-mail; prohibit.......................HB 1424 Drivers' Licenses; class D/Instruction Permits; use of cellphones; prohibit ................ SB 621 Education; certain personnel; continuing education online .......................................HB 1698 Electronic Records/Signatures; warranty deed; provide acceptance of signature ....................................................................................................................... SB 561 Electronic Textbooks; make available to local boards, schools, and students .............HB 363 Emergency "911" Systems; joint authorities; intergovernment contracts.................HB 1746 Ethics in Government; Financial Disclosure Reform Act of 2003; enact........................ SB 3

1791

3698

INDEX

Ethics, State Commission; powers; campaign contribution disclosure; accounting procedures; reported violations.................................................................. SB 168 Ethics; campaign contribution disclosure reports; electronic filing permitted............. SB 396 Family Violence Shelter Confidentiality Act; requirement of telephone companies not to disclose location............................................................................... SB 147 Georgia Database Protection and Economic Development Act of 2003 ....................... SB 38 Georgia Commission on the Hard of Hearing; create ................................................HB 1653 Gift Card Integrity Act; impose fee; definitions .......................................................... SB 618 Health Records; care provider, facility; electronic format; conditions/rights .............. SB 595 Income Tax; job tax credits; less developed areas; certain businesses; enterprise zones ............................................................................................................HB 984 Interfering With Electronic Monitoring Devices; define offense ..............................HB 1160 Internet Child Pornography Prevention Act; violations by internet service providers....................................................................................................................... SB 232 Internet/Computer Safety Act; enact; offenses relating to internet contact with a child ................................................................................................................... SB 103 Levi's Call; exempt broadcasters from civil liability; conditions and limitation ...................................................................................................................... SB 400 Local Government; internet request for proposals, notice of a pre-bid conference; contract/bid requirements ......................................................................... SB 365 Nonprofit Corporations; provide notice by electronic transmission; definitions..................................................................................................................... SB 555 Public School Systems; purchasing contracts and bid price regulations; electronic means ........................................................................................................... SB 294 Rules of the Road; motor vehicles; use/installation of tv receivers; prohibit .............. SB 506 Sexually Offensive Material/Content; distribution through electronic media ................. SB 5 Traffic; speed-monitoring systems; measure speed/produce photograph; penalty .......................................................................................................................... SB 603 Uniform Rules of Road; video screens visible to motor vehicle operator; prohibit ......................................................................................................................... SB 623 Voting; direct recorded electronic voting systems; provide voter printed record of the vote cast .................................................................................................. SB 340
EMANUEL COUNTY Designate; Woodpecker Trail Highway; 10 counties................................................... SR 843 Emanuel County; board of elections and registration; create.....................................HB 1370
EMERGENCY MANAGEMENT ACT Emergency "911" Systems; joint authorities; intergovernment contracts..................HB 1746 Georgia Emergency Operations Plan; unified incident command system; training emergency response personnel........................................................................ SB 243 Governor; emergency powers; repeal certain powers relating to firearms..................... SB 92 Judicial Emergency Act of 2004; enact......................................................................HB 1450

1792

3699

INDEX

Motor Vehicles; red or blue lights; restrictions; exemptions .....................................HB 1287 Regulatory Reform Act; rule making by Department of Community Health .............. SB 361
EMERGENCY MEDICAL SERVICES Ambulance Services; reimbursement for Medicaid recipients and indigents ............HB 1720 Emergency Management Employees, "911" Operators and Dispatchers; indemnification............................................................................................................. SR 213 Emergency "911" Systems; joint authorities; intergovernment contracts..................HB 1746 Emergency Management Employees, "911" Operators or Dispatchers; indemnification............................................................................................................. SB 218 Emergency Medical Services; air ambulances; licensure; regulation (PF) ...................... SB 4 Georgia Emergency Operations Plan; unified incident command system; training emergency response personnel........................................................................ SB 243 Health Care Claims Filed Electronically; expedited processing; timely payment ........................................................................................................................ SB 350 Indemnification of Emergency Personnel, Joint Study Committee; create.................. SR 212 Motor Vehicles; red or blue lights; restrictions; exemptions .....................................HB 1287 Tort Immunity; federal smallpox vaccination program; hospitals, health care providers....................................................................................................................... SB 336 Uncompensated Trauma Care; trust fund to pay hospitals.........................................HR 1420 Vaccination Program for Emergency Responders Exposed to Infectious Diseases; contingent upon bioterrorism funding.......................................................... SB 333
EMINENT DOMAIN Electric Transmission Lines, Joint Study Committee on Location of; create .............. SR 308 Electric Utilities; eminent domain proceedings; Transmission Facility Siting Act; Electric Utility Infrastructure Planning Study Committee ................................... SB 359 Eminent Domain; condemnation procedures; inverse proceedings ............................. SB 402 Eminent Domain; condemnation; electric power plants, power lines.......................... SB 267 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ...................................................... SB 273
EMISSIONS, MOTOR VEHICLES Carbon Sequestration Registry Act; provide information system of registry............... SB 356
EMPLOYMENT (Also see Labor; Industrial Relations) Parental Leave Act; enact...........................................................................................HB 1058 State-Wide Reserve Ratio; employer contribution rate; surcharge ............................HB 1555 Subsequent Injury Trust Fund; dissolution provisions...............................................HB 1579
EMPLOYMENT SECURITY Employment Security Law; unemployment compensation; exclude certain services ......................................................................................................................... SB 160

1793

3700

INDEX

State-Wide Reserve Ratio; employer contribution rate; surcharge ............................HB 1555 State-Wide Reserve Ratio; employer contribution; extend suspension of surcharge ...................................................................................................................... SB 527 State-Wide Reserve Ratio; employer contribution; extend suspension of surcharge ...................................................................................................................... SB 529 Unemployment Benefits; eligibility; military transfer of spouse .................................HB 117 Unemployment Compensation Fund; administrative assessment; allocation of funds......................................................................................................................... SB 165 Unemployment Compensation; state-wide reserve ratio; employer rate...................... SB 164
EMPLOYMENT; MINORS Truancy Enforcement Act; school attendance; obtaining/maintaining permit............. SB 392
ENERGY; INTEGRATED RESOURCE PLANNING Electric Utilities; eminent domain proceedings; Transmission Facility Siting Act; Electric Utility Infrastructure Planning Study Committee ................................... SB 359
ENGINEERS AND LAND SURVEYORS Building Codes; state minimum codes; delete obsolete provisions; redefine .............. SB 550 Engineer-in-Training and Land Surveyor-in-Training; certification requirements .................................................................................................................HB 986 Registered Public Accountants; certification as CPA; repeal provisions .................... SB 449
ENVIRONMENTAL FACILITIES AUTHORITY Office of Treasury and Fiscal Services; additional powers and duties ......................HB 1089
ENVIRONMENTAL POLICY Environmental Policy, Regulation; publication of rationale; requirements .................HB 242 Environmental Policy; Regulatory decisions; publication requirements ..................... SB 172
ENVIRONMENTAL PROTECTION Carbon Sequestration Registry Act; provide information system of registry............... SB 356 Electric Utilities; eminent domain proceedings; Transmission Facility Siting Act; Electric Utility Infrastructure Planning Study Committee ................................... SB 359 Environmental Director; urge to consider lifting moratorium on water new ground-water withdrawal permits ................................................................................ SR 904 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ...................................................... SB 273 State Buildings/Facilities; roofing materials; energy efficiency standards .................. SB 137
EQUAL RIGHTS Commission on Men's Health; presiding officer; term ..................................................HB 45 Motor Vehicles; racial profiling; prohibit ..................................................................HB 1327

1794

3701

INDEX

Public Property; restrooms; standards ........................................................................HB 1620 Stopping of Motorist by Law Enforcement; probable cause; racial profiling restrictions; officer training............................................................................................ SB 95 Woman's Right to Know Act; Medical Consent Law; abortion procedures; 24 hour waiting period following disclosure.................................................................. SB 23
EQUINES; HUMANE CARE Animals; equines; inspection warrants, impoundment; change provisions.................. SB 572
EQUITY Public Roads; classification; change provisions of definitions.................................... SB 450
ESTATE TAX Estate Tax; federal filing date; definition....................................................................... SB 61 Supplemental Appropriations; revenue shortfall and mid-year adjustment reserve ........................................................................................................................HB 1207
ETHICS IN GOVERNMENT (See Elections; Public Officers; Campaign Disclosure) Ethics in Government; comprehensive revisions of provisions ................................... SB 517 Ethics in Government; Financial Disclosure Reform Act of 2003; enact........................ SB 3 Ethics Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments............................................................. SB 109 Ethics, State Commission; powers; campaign contribution disclosure; accounting procedures; reported violations.................................................................. SB 168 Ethics; campaign contribution disclosure reports; electronic filing permitted............. SB 396 Ethics; campaign contribution disclosure reports; filing functions; transfer to State Ethics Commission.............................................................................................. SB 144 Ethics; campaign contributions for judicial offices; prohibitions .................................. SB 72 Ethics; campaign disclosure reports; contributions and expenditures; disclose candidate's name........................................................................................................... SB 125 Ethics; conflicts of interest; code of ethics for government service; lobbying, nepotism, gifts, campaign contributors; comprehensive revisions............................... SB 108 Ethics; disposition of excess campaign contributions.................................................... SB 82 Ethics; distribution of campaign contributions; ordinary and necessary expenses........................................................................................................................ SB 338 Ethics; Labor and Employer Campaign Finance Reform Act........................................ SB 40 Ethics; reforms; campaign contributions; activities on behalf of inmates ..................... SB 31 Ethics; unlawful to use/accept public funds for lobbying; penalties............................ SB 446
EVIDENCE ( Also see Criminal Procedure) Criminal Defendant Testimony; admit prior convictions alleged in indictment..................................................................................................................... SB 413

1795

3702

INDEX

Criminal Procedure; discovery in felony cases; oral scientific reports; sentence hearings.......................................................................................................... SB 175 DNA; applicability of testing procedures; change provisions...................................... SB 482 Forensic Sciences, Division; state crime lab; designate reports as prima-facie........... SB 508 Guardian/Ward; comprehensive rewrite of provisions ................................................HB 229 Personal Property in Custody of Law Enforcement Agency; disposition ....................HB 484 Preservation of Evidence From Criminal Cases, Senate Study Committee, creating ......................................................................................................................... SR 321 Sexual Assault Victims; improved assistance; sexual abuse protocol committee ..................................................................................................................... SB 457 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133 Torts; joint tort-feasors; standards in expert testimony; change provisions................. SB 576 Witnesses; criminal defendants; evidence of character; impeachment method ........... SB 484
EXCAVATION Utility Facilities Protection; excavating and blasting; amend provisions ..................HB 1352
EXECUTIONS AND JUDICIAL SALES Executions; judgments; cancellation when satisfied ..................................................HB 1431 Tax Executions; prohibit sales .......................................................................................HB 88 Tax Sales; notice period; redemption amount ............................................................HB 1520 Tax Sales; redemption of property; amend provisions...............................................HB 1170
F
FAIR LENDING ACT Fair Lending Act; amend provisions; Department of Banking and Finance, authority to regulate........................................................................................................ SB 28
FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, AND ABUSIVE LITIGATION
Criminal Reproduction; film piracy; immunity for detention due to suspicion ........... SB 439
FAMILY (Also see Domestic Relations; Parent and Child) Local Government; incorporation of villages; definitions; procedures ....................... SB 605
FAMILY VIOLENCE (Also see Domestic Relations; Crimes) Bail; family violence offenses; clarify bond conditions.............................................HB 1489 Divorce; grounds; extend time frame; effect of legal separation on children; statistics ........................................................................................................................ SB 298 Family Violence/Stalking Offenses; persons convicted; photo publication ..............HB 1259

1796

3703

INDEX

Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 Family Violence Shelter Confidentiality Act; requirement of telephone companies not to disclose location............................................................................... SB 147 Protection of the Victims of Domestic Violence Act; change the duration of temporary protective orders.......................................................................................... SB 293 State Commission on Family Violence; extend the date to cease to exist ................... SB 535
FANNIN COUNTY Fannin County; homestead exemption; base year assessed value ..............................HB 1762 Fannin County; homestead exemption; certain residents...........................................HB 1764 Fannin County; magistrate court; county law library fees..........................................HB 1664
FARMS AND FARM PRODUCTS (Also see Agriculture) Agriculture Commodity Commission on Beef; provisions; Pacific White Shrimp Aquaculture Development Act; enact............................................................HB 1766 Agriculture; protection/preservation; unreasonable regulation; encroachment ........... SR 882 Comprehensive State-Wide Water Planning Management Act; enact; Water Council; create..............................................................................................................HB 237 Farmers' Markets; license to sell; suspension; prohibition.........................................HB 1186 Motor Vehicle License Fees, Classes, Restricted Plates; amend provisions..............HB 1087 Nuisances; agricultural facilities/operations; change provisions of treatment............. SB 511 Sales Tax Exemption; ice; processing and storing poultry and vegetables................HB 1409 Vermiculture; branch of agricultural industry; define................................................HB 1101
FEDERAL GOVERNMENT Ad Valorem Tax; motor vehicles; exempt veterans organizations ..............................HB 626 American Heritage in Education Act; writings posted in public school building......................................................................................................................... SB 394 Clear Act; urging Congress to pass; President of U.S.A. to sign ................................. SR 574 Common-Sense Consumption Act; enact...................................................................HB 1519 Congressional Delegation; urge pass President Bush's 2003 Economic Growth/Tax Relief Plan ............................................................................................... SR 226 Correctional Institutions; housing certain inmates; reimbursement.............................HB 614 Education; certified school social worker specialists; salary increase .........................HB 320 Education; required courses in history and government; State Board prescribe .....................................................................................................................HB 1048 Election Districts; legislative and congressional reapportionment; specify requirements; community of interest.............................................................................. SB 91 Elections; congressional districts; composition and number ....................................... SB 135 Estate Tax; federal filing date; definition....................................................................... SB 61 Industry, Trade and Tourism Department; acquire personal property; general provisions ..................................................................................................................... SB 531

1797

3704

INDEX

Joint Session; address by President of United States ...................................................HR 942 Local Boards of Education; certain benefits; authorize funds .....................................HB 328 Local Government Cable Fair Competition Act of 1999; amend ................................ SB 445 Minimum Wage Mandates by Local Governments; preemption; exceptions ............HB 1258 Motor Vehicles; identification rules; comply with federal provisions.......................HB 1243 Ocmulgee/Altamaha Rivers; urge Congress to protect land in a continuous corridor ......................................................................................................................... SR 755 Persons Supervising Children; criminal background checks; National Crime Information Center .......................................................................................................HB 316 Sales Tax Exemption; overhead materials; certain government contractors..............HB 1238 Savannah River Site; urge Congress to restore radiation monitoring program............ SR 964 School Construction; access to public street or road; provisions...............................HB 1068 State/Local Tax Revision; uniform sales and use tax administration ........................HB 1437 State Employees' Health Insurance; coverage; certain health centers........................HB 1751 Student Finance Authority; editorial changes; certain definitions .............................HB 1547 U.S. Constitution; prior calls for convention to amend; rescind and repeal ..............HR 1343 Uncompensated Trauma Care; trust fund to pay hospitals.........................................HR 1420 U.S. Congress; urged to establish a domestic energy policy........................................ SR 874
FILMS, MOTION PICTURES, AND MOVIES Income Tax Credit; certain motion picture production investments ..........................HB 1775
FINANCIAL INSTITUTIONS ( Also see Banking and Finance) Business Corporations; electronic transmissions, definitions; updating provisions ..................................................................................................................... SB 532 Registered Public Accountants; certification as CPA; repeal provisions .................... SB 449
FINES AND FORFEITURES Civil Filings/Criminal Fines; additional charges; repeal certain charges.....................HB 869 Driving Under the Influence; additional penalties; victim compensation awards.............................................................................................................................HB 20 Jail Booking Fees; operates a jail and pretrial detention facility; imposition, collection in traffic court .............................................................................................. SB 269 Local Victim Assistance Programs; funding; amend provisions ...............................HB 1561 Peace Officer/Prosecutor Training Fund; accounting of all deposits............................. SB 46 Theft; certain offenses involving commercial vehicles; penalties; fines ...................HB 1456 Victim Assistance Programs; local; county commission; fines; penalty ..................... SB 565 Victim Assistance Programs; local; fines; increase percentage of penalty .................. SB 566
FIRE PROTECTION AND SAFETY Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431 Assisted Living Facilities; define and provide new category....................................... SB 422

1798

3705

INDEX

Fire/Hazards to Persons; carbon monoxide detector; standards; enforcement ............ SB 562 Fireworks; sale of sparklers to persons under 16 years; prohibitions .......................... SB 131 Georgia Emergency Operations Plan; unified incident command system; training emergency response personnel........................................................................ SB 243 Indemnification; government employed firefighters; rebuttable presumption...........HB 1297 Nuisance Abatement Liens; collection procedures; foreclosures................................. SB 182 School Readiness; change name to Bright from the Start; revise ................................ SB 456 Utility Facilities Protection; excavating and blasting; amend provisions ..................HB 1352
FIREARMS (Also see Weapons; Crimes and Offenses) Governor; emergency powers; repeal certain powers relating to firearms..................... SB 92
FIREARMS DEALERS Firearm Dealers; transfer of authority; criminal background check; definitions..................................................................................................................... SB 528
FIREFIGHTERS, EMERGENCY MEDICAL TECHNICIANS, AND PUBLIC SAFETY OFFICERS; VACCINATIONS
Vaccination Program for Emergency Responders Exposed to Infectious Diseases; contingent upon bioterrorism funding.......................................................... SB 333
FIREFIGHTERS; STANDARDS AND TRAINING Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431
FIREWORKS Fireworks; sale of sparklers to persons under 16 years; prohibitions .......................... SB 131
FISH AND FISHING Agriculture Commodity Commission on Beef; provisions; Pacific White Shrimp Aquaculture Development Act; enact............................................................HB 1766 Game and Fish; subject to reasonable restrictions; rights ............................................ SR 563 Hunting /Fishing; preserve citizens' rights ...................................................................HR 985 Meat, Poultry, Seafood; mobile sale vehicles; license expiration ..............................HB 1234 Natural Resources; conservation rangers; powers; watercraft inspection..................HB 1185 Spear Fishing in Certain Waters; authorize................................................................HB 1095
FLETCHER , NORMAN; SUPREME COURT CHIEF JUSTICE; State of Judiciary address ..............................................................................................Page 107
FLOYD COUNTY Floyd County; homestead exemption; certain residents.............................................HB 1768 Floyd County; homestead exemption; certain residents.............................................HB 1770

1799

3706

INDEX

Public Property; Conveyance; grant utility easements; 13 counties............................. SR 651 Public Property; Conveyances...................................................................................... SR 652
FOOD, DRUGS, AND COSMETICS (Also see Pharmacist; Restaurant; Commerce) Advisory Committee on Seniors and Prescription Drug Costs; establish ....................HB 935 Agriculture Commodity Commission on Beef; provisions; Pacific White Shrimp Aquaculture Development Act; enact............................................................HB 1766 Common-Sense Consumption Act; enact...................................................................HB 1519 Common-Sense Consumption Act; provide limited liability for claims of obesity........................................................................................................................... SB 540 Controlled Substances; trafficking in ecstacy; define offense ...................................HB 1441 Drug Trafficking Prevention Act; prosecute a person for trafficking.......................... SB 284 Georgia Seniors Prescription Drug Benefit Program Act; establish ............................ SB 112 Health Access Improvement Act; Advanced practice registered nurse; regulations .................................................................................................................... SB 376 Meat, Poultry, Seafood; mobile sale vehicles; license expiration ..............................HB 1234 Milk Products; Grade A Pasteurized Milk Ordinance Recommendations................... SB 401 Nurses, Advanced Practice Registered; prescriptive authority ...................................... SB 36 Patient Safe Prescription Drug Act; regulate electronically transmitted data; patient's choice of retail pharmacy ............................................................................... SB 179 Physician Assistants; change job descriptions, licensure, definition; revisions........... SB 458 Prescription Drugs by Mail; enrollees in HMO health benefit plans ........................... SB 145 Prescription Drugs for Seniors, Joint Study Committee; create..................................... SR 55 Prescription Drugs; Medicaid patients; prior authorization; prohibit requirement................................................................................................................... SB 539 Property Involved With Illegal Drug Activities; enhanced penalties........................... SB 324 State Board of Pharmacy; prescription drugs by mail; delete certain provisions ..................................................................................................................... SB 543 Torts; health care providers in emergency conditions; provide limited liability.......................................................................................................................... SB 432
FOREIGN GOVERNMENTS State Agencies; contracts for services; prohibit outside U.S. ....................................HB 1281
FOREST PARK Forest Park, City; homestead exemption for municipal purposes ................................ SB 615
FOREST RESOURCES Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431 Carbon Sequestration Registry Act; provide information system of registry............... SB 356 Forest Heritage Trust Act; advisory role for State Forestry Commission.................... SB 480 Registered Public Accountants; certification as CPA; repeal provisions .................... SB 449

1800

3707

INDEX

FORGERY AND FRAUDULENT PRACTICES (Also see Crimes and Offenses) Computer Systems; transmission of unsolicited bulk e-mail; prohibit.......................HB 1424 Crimes; opening certain accounts using minor's social security number; define offense .............................................................................................................HB 1285 Gift Card Integrity Act; impose fee; definitions .......................................................... SB 618 Identity Fraud; violations; law enforcement investigations; consumer victims damages ........................................................................................................................ SB 349 Internet/Computer Safety Act; enact; offenses relating to internet contact with a child ................................................................................................................... SB 103 Motor Vehicle; certificate of title; fraudulent acts; penalties....................................... SB 299
FORSYTH COUNTY Atlanta Regional Commission; certain counties; ratify partial incorporation............HR 1308 Forsyth County Public Library System; commend....................................................... SR 671 Forsyth County; board of commissioners; compensation and expenses payable........................................................................................................................HB 1827 Forsyth County; board of registrations and elections; chairperson's compensation................................................................................................................HB 932
FRANKLIN, SHIRLEY, MAYOR OF ATLANTA; addressed Senate.........Pages 50, 2741
FULTON COUNTY Atlanta and Fulton County Recreation Authority; limitation of powers ...................... SB 230 Designate; James D. (Jim) McGee Memorial Highway; Fulton County...................... SR 952 Fulton County Library System; specify name; membership ........................................ SB 231 Fulton County School District; provide homestead exemption ................................... SB 611 Fulton County School Employees Pension; cost-of-living increases...........................HB 975 Fulton County; ad valorem; homestead exemption; senior citizens............................. SB 142 Fulton County; authorization to operate certain recreational programs; repeal ........... SB 196 Fulton County; provide homestead exemption for county purposes............................ SB 610 Fulton County; recreational programs in cities contributing to cost; repeal ................ SB 197 Judicial Retirement; Fulton County State Court judges; membership .........................HB 441 MARTA; board of director; selected voting member of metro regional development center....................................................................................................... SB 384 Property Conveyances; authorizing in 8 counties; Baldwin, Bartow, Chatham, Decatur, DeKalb, Fulton, Wayne and White ............................................... SR 224 Regional Commission on Homelessness; create ........................................................HB 1652 Revenue, Department of; administration; duties; official office location...................... SB 56 Sandy Springs Study Commission; creating ................................................................ SR 323 Sandy Springs, City of; incorporation and charter ......................................................... SB 49

1801

3708

INDEX

G
GADDIS, REVEREND TODD; introduced .................................................................Page 71
GAINESVILLE, CITY OF Gainesville, City of; board of education; elections ....................................................HB 1675 Gainesville, City of; homestead exemption; certain residents ...................................HB 1753
GAME AND FISH (Also see Conservation and Natural Resources) Agriculture Commodity Commission on Beef; provisions; Pacific White Shrimp Aquaculture Development Act; enact............................................................HB 1766 Game and Fish; subject to reasonable restrictions; rights ............................................ SR 563 Conform Code; references to House and Senate committee names.............................HB 846 Deer Hunting With Dogs; licenses/permits; nonrenewal; right to a hearing ............... SB 406 Deer Hunting; closed and open seasons; bag limits and antler restrictions ................. SB 317 Deer Hunting; specially adapted firearm for quadriplegic........................................... SB 430 Deer Hunting; unlawful hunt within certain vicinity of feeds; certain counties .......... SB 328 Hunting and Fishing; honorary licenses; disability certification................................HB 1608 Hunting/Fishing; preserve citizens' rights ....................................................................HR 985 Hunting Deer With Dogs; permits; amend provisions ...............................................HB 1558 Industry, Trade and Tourism; Department of; change name......................................HB 1529 Law Enforcement Officer; disabled in line of duty; retention of weapon/badge...............................................................................................................HB 158 Lifetime Sportsman's Licenses; certain nonresidents; provisions..............................HB 1362 Natural Resources; conservation rangers; powers; watercraft inspection..................HB 1185 Spear Fishing in Certain Waters; authorize................................................................HB 1095 Voters; application for fishing, hunting serve as registration; procedures................... SB 541
GARDEN CITY, CITY OF Garden City Area Convention and Visitors Bureau Authority; create.......................HB 1115 Garden City, City of; homestead exemption; unremarried surviving spouse.............HB 1730
GARNER, WAYNE, MAYOR OF CARROLLTON; recognized.............................Page 60
GAS, GASOLINE AND GAS SERVICES Natural Gas Competition and Deregulation Act; amend provisions.............................. SB 34 Natural Gas in Poultry Production; rules with respect to charges................................ SB 118 Natural Gas Marketers; bills; late fees .......................................................................HB 1430 Natural Gas Rates; surcharge on interruptibles; minimum amount ............................... SB 32 Natural Gas; discontinuing service to persons age 65 or disabled; prohibit during winter heating season........................................................................................ SB 185 PSC; applications and proceedings; administrative fees.............................................. SB 219 Public Service Corporations /Utilities; increase certain fees .....................................HB 1354

1802

3709

INDEX

Revenue Bonds; redefine undertaking; remove certain referendum requirement...................................................................................................................HB 689 Sales/Motor Fuel Taxes; dealers and distributors; amend provisions........................HB 1459
GENERAL ASSEMBLY Adjournment; relative to ..............................................................................................HR 944 Adjournment; relative to ............................................................................................HR 1266 Adjournment; relative to ............................................................................................HR 1400 Adjournment; relative to ............................................................................................HR 1471 Adjournment; relative to ............................................................................................HR 1575 Adjournment; relative to ............................................................................................HR 1729 Adjournment; relative to ............................................................................................HR 1732 Adjournment; relative to ............................................................................................HR 1819 Adjournment; relative to ............................................................................................ SR 1101 Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431 Board of Education/Superintendent; urge grading system for Georgia K-12 .............. SR 850 BROC; Budget Responsibility Oversight Committee; members; appointment and time of service ....................................................................................................... SB 330 Budget Act; continuation budget report; apply zero-base budgeting............................... SB 8 General Assembly Members; term of office for four years ......................................... SR 675 General Assembly; no longer than 30 days each year.................................................. SR 676 House of Representatives; reapportionment; election from single-member districts ......................................................................................................................... SR 108 Taxation; legislation for any state tax; approval by General Assembly......................... SR 12 Conform Code; references to House and Senate committee names.............................HB 846 Election Districts; legislative and congressional reapportionment; specify requirements; community of interest.............................................................................. SB 91 Ethics, State Commission; powers; campaign contribution disclosure; accounting procedures; reported violations.................................................................. SB 168 Ethics; campaign contribution disclosure reports; filing functions; transfer to State Ethics Commission.............................................................................................. SB 144 Ethics; campaign disclosure reports; contributions and expenditures; disclose candidate's name........................................................................................................... SB 125 Ethics; disposition of excess campaign contributions.................................................... SB 82 Ethics; reforms; campaign contributions; activities on behalf of inmates ..................... SB 31 General Appropriations; FY 2004-2005.....................................................................HB 1181 General Assembly Convened; notify Governor ........................................................... SR 566 Health Effects of Pesticides; Joint study committee; create......................................... SR 871 House Districts; composition; qualifications; election; reapportionment .................... SB 521 Interstate Cooperation; include Southern Legislative Conference...............................HB 794 Joint Session; address by President of United States ...................................................HR 942 Joint Session; message from Chief Justice of Supreme Court ....................................HR 945

1803

3710

INDEX

Legislative Retirement; General Assembly; membership; prior service......................HB 300 Lottery Technology Joint Study Committee; create..................................................... SR 907 Notify Senate; House convened ...................................................................................HR 943 Prescription Drugs for Seniors, Joint Study Committee; create..................................... SR 55 Regulatory Reform Act; rule making by Department of Community Health .............. SB 361 Savannah River; Joint Port Authority Study Committee; proposed operation on both north and south sides of river .......................................................................... SR 271 Senate Rules; amend; Committee on Ethics, new name, powers, duties ..................... SR 122 Senate Study Committee on Joint Sponsorship of Legislation; create......................... SR 903 Senatorial Districts; apportionment and qualifications; change composition .............. SB 239 Senatorial Districts; composition; number; apportionment.............................................. SB 2 Senatorial Districts; composition; qualifications; election; reapportionment .............. SB 522 Special License Plates; General Assembly; change certain provisions......................HB 1588 State Employees' Health Insurance; fiscal condition; annual reports.........................HB 1320 State Official Salaries; General Assembly members and Lieutenant Governor; 10% salary reduction ................................................................................... SB 76 State Retirement Plan Options; Joint Study Committee; create ................................... SR 107 Subsequent Injury Trust Fund Joint Study Committee; create.....................................HR 263 Supplemental Appropriations; FY 2003-2004 ...........................................................HB 1180 Supplemental Appropriations; revenue shortfall and mid-year adjustment reserve ........................................................................................................................HB 1207 U.S. Constitution; prior calls for convention to amend; rescind and repeal ..............HR 1343 Uncompensated Trauma Care; trust fund to pay hospitals.........................................HR 1420
GENERAL ASSEMBLY; INTERSTATE COOPERATION (Also see Compacts) Interstate Cooperation; include Southern Legislative Conference...............................HB 794
GENERAL PROVISIONS, O.C.G.A. Code of Georgia; corrections .....................................................................................HB 1245 Conform Code; references to House and Senate committee names.............................HB 846 Elections Code; corrections........................................................................................HB 1247 Hunting/Fishing; preserve citizens' rights ....................................................................HR 985 Joint Session; address by President of United States ...................................................HR 942 Regulatory Reform Act; rule making by Department of Community Health .............. SB 361 Retirement and Pensions Code; corrections...............................................................HB 1246
GEOLOGISTS Registered Public Accountants; certification as CPA; repeal provisions .................... SB 449
GEORGIA BUREAU OF INVESTIGATION (GBI) Cigar/Cigarette Taxes; increase; loose/smokeless tobacco; impose excise tax ........HB 379 Courts Technology Advisory Board and Council; successor to Georgia Courts Automation Commission .................................................................................. SB 306

1804

3711

INDEX

Employee's Retirement; benefits for certain law enforcement officers, troopers and GBI agents; age 55 or 25 years................................................................ SB 152 Employee's Retirement; law enforcement personnel; enhanced benefits; age and service.................................................................................................................... SB 212 Forensic Sciences, Division; state crime lab; designate reports as prima-facie........... SB 508 Georgia Emergency Operations Plan; unified incident command system; training emergency response personnel........................................................................ SB 243 Georgia Bureau of Investigation; nomenclature; definitions; usage; violations ........HB 1192 Identity Fraud; violations; law enforcement investigations; consumer victims damages ........................................................................................................................ SB 349 Law Enforcement Officer; disabled in line of duty; retention of weapon/badge...............................................................................................................HB 158 School Readiness; change name to Bright from the Start; revise ................................ SB 456 Sexual Offender Registry; higher learning institution; interactive data base............... SB 537
"GEORGIA DAY AT CAPITOL" ; Reenactment of presentation of Charter.........Page 484
GEORGIA HOSPITAL INSURANCE AUTHORITY Georgia Hospital Insurance Authority; create............................................................HB 1028
GEORGIA MEDICAL CENTER AUTHORITY ACT Georgia Medical Center Authority; establishment; administrative assignment........... SB 485
GEORGIA PROMPT PAY ACT Contracts; timely payment; professional services providers ......................................HB 1195
GILMER COUNTY Gilmer County; magistrate court; county law library fees .........................................HB 1695 Natural Resources; urged to propose hiking trail named for President Jimmy Carter ............................................................................................................................ SR 878 Public Property; conveyance; grant utility easements; 13 counties.............................. SR 651
GLASCOCK COUNTY Glascock County; board of education; revise districts ...............................................HB 1719
GLYNN COUNTY Glynn County; education; general homestead exemption ........................................... SB 477 Glynn County; homestead exemption; certain surviving spouse ...............................HB 1821 Glynn County; homestead exemption; unremarried surviving spouse.......................HB 1825 Glynn County; repeal constitutional amendment; referendum...................................HB 1826 Public Property; conveyances....................................................................................... SR 652

1805

3712

INDEX

GOVERNOR Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431 Appointments; boards and commissions......................................................Pages 1325, 1827 Appointments; boards and commissions;confirmation ............................................Page 2588 Appointments; boards and commissions, favorable report ......................................Page 2128 Appointments; boards and commissions, referral to Committee on Assignments ............................................................................................Pages 1346, 1830 Appointments; boards and commissions, referred to Education Committee ....................................................................................................Pages 1491, 1830 Appointments; boards and commissions; transmit confirmation to Governor.........Page 2589 Budget Act; continuation budget report; apply zero-base budgeting............................... SB 8 Cosmetic Dental Coverings; urge removal of unlicensed providers............................HR 228 Courts Technology Advisory Board and Council; successor to Georgia Courts Automation Commission .................................................................................. SB 306 Ethics Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments............................................................. SB 109 Ethics, State Commission; powers; campaign contribution disclosure; accounting procedures; reported violations.................................................................. SB 168 General Assembly Convened; notify Governor ........................................................... SR 566 General Assembly; Joint Session; State of State address.............................................Page 72 Governor; emergency powers; repeal certain powers relating to firearms..................... SB 92 Joint Session; Governor's Message; inviting Justices of Supreme/Court of Appeals......................................................................................................................... SR 567 Perpetrators of Felonies; local government rewards; remove limitation .....................HB 359 Redevelopment; authorize Governor by executive order to establish commissions ................................................................................................................. SR 858 Registered Public Accountants; certification as CPA; repeal provisions .................... SB 449 State Agencies; furloughs or reduction in force; prohibit hiring; exceptions ............HB 1708 Vetoes; 2003 Session ...................................................................................................Page 37 Vetoes; 2003 Session, line item, appropriations ..........................................................Page 29 Vetoes; 2004 Session, line item, appropriations ......................................................Page 1907
GOVERNOR; ORGANIZATION OF EXECUTIVE BRANCH Savannah River; urge bilateral port commission; GA/SC interstate compact ............. SR 240 State Agencies; contract for services; prohibit outside of US; penalties ..................... SB 473 State Agencies; contracts for services; prohibit outside U.S. ....................................HB 1281 State Government; privatization contracts; revise provisions....................................HB 1326 State Service Delivery Regions; change regions 7 and 12 .........................................HB 1599
GRAFFITI Criminal Trespass/Damage to Property; crime of possession of tools......................... SB 311

1806

3713

INDEX

Graffiti; compensation to property owners; use of inmate labor to remove graffiti from private property ....................................................................................... SB 313 Graffiti; criminal damage to property; programs for compensating owners, innocent victims ........................................................................................................... SB 312 Nuisance Abatement; graffiti visible from adjoining public or private property......................................................................................................................... SB 310 Street Gangs; graffiti; violent acts; weapons possession; prohibitions ........................ SB 309
GRANTS HOPE Scholarships; eligibility; amend provisions ....................................................HB 1325 HOPE Scholarships; private colleges; certain part-time eligibility..............................HB 341 Quality Basic Education; local share funds; equalization grants; midterm adjustment ..................................................................................................................HB 1539 Timely Payments for Goods/Services; local governments and boards of education; failing to comply.......................................................................................HB 1304
GRAY, CITY OF Gray, City of; change corporate limits ......................................................................... SB 378 Gray, City of; corporate limits....................................................................................HB 1788
GRIFFIN, CITY OF Griffin, City of; lease municipal property ..................................................................HB 1754 Griffin, City of; new charter.......................................................................................HB 1735
GUARDIAN AND WARD Guardian/Ward; comprehensive rewrite of provisions ................................................HB 229 Workers' Compensation; certain claimants; appointment of guardian; settlements ..................................................................................................................HB 1278
GUYTON, CITY OF Guyton, City of; corporate limits................................................................................HB 1780 Guyton, City of; corporate limits; referendum ...........................................................HB 1781
GWINNETT COUNTY Designate; William Ira (W.I.) Still, Jr. Highway; Gwinnett County.............................. SR 60 Gwinnett County; homestead exemption; certain residents .......................................HB 1699 Gwinnett County; Sheriff's Office; filling of vacancies............................................... SB 154 Gwinnett Judicial Circuit; new judgeship; term beginning 1/1/04............................... SB 234 Gwinnett Judicial Circuit; new judgeship; term beginning 7/1/03............................... SB 235 MARTA; board of director; selected voting member of metro regional development center....................................................................................................... SB 384 Public Property; conveyance; grant utility easements; 13 counties.............................. SR 651

1807

3714

INDEX

GWINNETT JUDICIAL CIRCUIT Superior Court Judges; judicial circuits; initial appointment, election, term............... SB 594
H
HABEAS CORPUS Civil Actions; habeas corpus procedures; statute of limitations; filing petitions, jurisdiction .................................................................................................... SB 337
HAINKEL, SENATOR JOHN; Louisiana; introduced ............................................Page 491
HALL COUNTY Hall County; homestead exemption; certain survivors ..............................................HB 1606
HANCOCK COUNTY Deer Hunting; unlawful hunt within certain vicinity of feeds; certain counties .......... SB 328 Hancock County; homestead exemption; certain residents........................................HB 1603
HANDICAPPED PERSONS Assistance Dogs; interfering with, assaulting, killing; penalties .................................HB 211 Death Investigations; patients receiving compensated care in facilities licensed by DHR........................................................................................................... SB 111 Disabled Adults and Elder Persons; penalties for abuse, neglect, and exploitation..................................................................................................................... SB 12 Disabled Adults/Elder Persons; illegal to discriminate complaints of abuse............... SB 420 Disabled Persons; redefine; temporary parking permits ............................................HB 1176 Employees' Retirement; disability benefits; maximum compensation.......................HB 1034 Georgia Commission on the Hard of Hearing; create ................................................HB 1653 Guardian/Ward; comprehensive rewrite of provisions ................................................HB 229 Handicapped Parking; enforcement; change provisions .............................................. SB 302 Hunting and Fishing; honorary licenses; disability certification................................HB 1608 License Plates; disabled veteran; vehicle owned by certain trust.................................HB 611 Rules of the Road; Parking Law for Persons with Disabilities; redefine terms ........... SB 481 Senate Assisted Living and Long Term Care Study Committee; create ...................... SR 901 Subsequent Injury Trust Fund Joint Study Committee; create.....................................HR 263 Telecommunications; audible universal information access services; blind and print disabled citizens ..........................................................................................HB 1055 Torts; health care providers in emergency conditions; provide limited liability.......................................................................................................................... SB 432
HANEY, LEE; Mr. Olympia and Presidential Fitness Advisor; addressed Senate ............................................................................................................................Page 169

1808

3715

INDEX

HARALSON Haralson, City of; provide new charter ........................................................................ SB 388
HARALSON COUNTY Haralson County School Building Authority; create..................................................HB 1676 Western Area Regional Radio System Authority; create ...........................................HB 1715
HARRIS, BEVERLY; President, Delta Sorority, addressed Senate.........................Page 1667
HARRIS COUNTY Public Property; conveyances....................................................................................... SR 652
HAZARDOUS MATERIALS; SPILLS OR RELEASES Environmental Policy; regulatory decisions; publication requirements....................... SB 172 Solid Waste and Hazardous Water Response Trust Fund; create ..............................HR 1425
HEALTH (Also see Mental Health; Human Resources; Hospitals; Nursing Homes) Ambulance Services; reimbursement for Medicaid recipients and indigents ............HB 1720 Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431 Assisted Living Facilities; define and provide new category....................................... SB 422 Use of Public Money for Public Health/Social Services by Religious or Sectarian Organizations.................................................................................................... SR 1 Emergency Management Employees, "911" Operators and Dispatchers; indemnification............................................................................................................. SR 213 Health Care Incentives; employer tax incentives; affordable care............................... SR 879 Public Funding of Social Services; allow religious or sectarian organizations ........... SR 560 Childhood Vaccination Registry; include all persons from birth to death .................HB 1526 Children's Vision Improvement/Learning Readiness Act; eye exams for children entering first grade ......................................................................................... SB 242 College Students; vaccination against meningococcal meningitis............................... SB 266 Commission on Men's Health; presiding officer; term ..................................................HB 45 Community Health, Department; create Office of Minority Health; advisory council .......................................................................................................................... SB 503 Conform Code; references to House and Senate committee names.............................HB 846 Contact Lenses; selling and dispensing; amend provisions .......................................HB 1496 Contact Lenses; sold/dispensed by licensed providers; revisions; violations .............. SB 513 Death Investigations; compensated care services; definition; inform coroner............. SB 416 Death Investigations; patients receiving compensated care in facilities licensed by DHR .......................................................................................................... SB 111 Death Investigations; persons receiving "compensated care"; notification ................. SB 285 Disabled Adults/Elder Persons; illegal to discriminate complaints of abuse............... SB 420 Emergency Medical Services; air ambulances; licensure; regulation (PF) ...................... SB 4

1809

3716

INDEX

Emergency Medical Technicians; indemnification; noncompulsory insurance........... SB 604 Emergency Room Protection Act; recovery for medical malpractice .......................... SB 586 Environmental Policy; regulatory decisions; publication requirements ...................... SB 172 Family/Children Services; establish separate department and agency......................... SB 241 Georgia Emergency Operations Plan; unified incident command system; training emergency response personnel........................................................................ SB 243 Georgia Department of Public Health; recognize ........................................................ SR 725 Georgia Hospital Insurance Authority; create............................................................HB 1028 Georgia Schools; promote health education/physical activity ..................................... SR 578 Georgia Seniors Prescription Drug Benefit Program Act; establish ............................ SB 112 Guardian/Ward; comprehensive rewrite of provisions ................................................HB 229 Head Injured/Spinal Cord Disabled Persons; reporting procedures; provisions ..................................................................................................................... SB 582 Health Effects of Pesticides; Joint study committee; create......................................... SR 871 Health Planning; nonclinical health services; exempt certain facilities ....................... SB 574 Health Records; care provider, facility; electronic format; conditions/rights .............. SB 595 Health, Education, and Social Services; certain boards and councils; amend provisions ...................................................................................................................HB 1266 Hospital Care for Nonresident Indigents; reimbursement by counties; accounting of funds ...................................................................................................... SB 171 Hospital Indigent Care Funding Study Committee; create........................................... SR 416 Income Tax; exempt certain organ donation expenses ..............................................HB 1410 Indemnification of Emergency Personnel, Joint Study Committee; create.................. SR 212 Licensed Physician; not require malpractice insurance; prevent penalty..................... SB 455 Local Government; incorporation of villages; definitions; procedures ....................... SB 605 Long-Term Care Services; in-home and community based care; consumer choice and control; Independence Plus Act ................................................................. SB 170 Mandatory Death Reporting in Compensated Care; Senate Study Committee; create ............................................................................................................................ SR 967 Marriage; application of license; State Office of Vital Records; revisions ................. SB 478 Medicaid; managed health care; medically necessary health care pilot program ........................................................................................................................ SB 315 Medical Liability Insurance; affordability problems; Medical Malpractice Market Stability Act ..................................................................................................... SB 355 Nonresident Indigents; funding for reimbursing hospitals; provide sources ............... SB 468 Nurses, Advanced Practice Registered; prescriptive authority ...................................... SB 36 Nursing Homes; influenza and pneumococcal vaccinations; offer patients annually ......................................................................................................................HB 1709 Nursing Homes; one nurse in charge of nursing activities; regulate............................ SB 417 Patient Safe Prescription Drug Act; regulate electronically transmitted data; patient's choice of retail pharmacy ............................................................................... SB 179 Patient's Right Under Managed Health Care Plans; medically necessary and appropriate care; define terms ...................................................................................... SB 314

1810

3717

INDEX

Prescription Drugs by Mail; enrollees in HMO health benefit plans ........................... SB 145 Prescription Drugs for Seniors, Joint Study Committee; create..................................... SR 55 Regulatory Reform Act; rule making by Department of Community Health .............. SB 361 Rules of the Road; Parking Law for Persons with Disabilities; redefine terms ........... SB 481 School Readiness; change name to Bright from the Start; revise ................................ SB 456 Senate Assisted Living and Long Term Care Study Committee; create ...................... SR 901 Septic Tank Waste; disposal sites; handling facilities.................................................. SB 176 Sewage Holding Tanks; commercial waste; regulation .............................................HB 1408 Sewage On-Site Management Systems; DHR authorization; state-wide regulations; reduced trench length ............................................................................... SB 367 State Employees; consumer driven health plan option (CDHP) .................................. SB 344 State Program of Health Services; fiscal condition; annual reports...........................HB 1704 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133 Tort Immunity; federal smallpox vaccination program; hospitals, health care providers....................................................................................................................... SB 336 Torts; limiting liability of free health clinics; provide ...............................................HB 1793 Toxic Mold Study Committee; creating ......................................................................... SR 22 Uncompensated Trauma Care; trust fund to pay hospitals.........................................HR 1420 Vaccination Program for Emergency Responders Exposed to Infectious Diseases; contingent upon bioterrorism funding.......................................................... SB 333 Vital Records; birth certificate in legitimations, paternity, adoptions.......................... SB 263 Woman's Right to Know Act; Medical Consent Law; abortion procedures; 24 hour waiting period following disclosure.................................................................. SB 23
HEALTH CARE PLANS Health Care Incentives; employer tax incentives; affordable care............................... SR 879 Health Care Claims Filed Electronically; expedited processing; timely payment ........................................................................................................................ SB 350 Health Insurance; state employees no longer covered by federal insurance plan ............................................................................................................................... SB 282 Health Insurers; Consumer Choice of Benefits Health Plan Act ................................... SB 50 Medicaid; prior authorization/restriction on medication; prohibit ............................... SB 447 Patient's Right Under Managed Health Care Plans; medically necessary and appropriate care; define terms ...................................................................................... SB 314 Perfection of Hospital, Nursing Home, Physician Practice, and Traumatic Burn Care Medical Practice Liens; causes of action liens; change certain provisions ...................................................................................................................HB 1303 State Employees Salaries; federated charitable organizations; welfare services ......................................................................................................................... SB 584 State Employees' Health Insurance; fiscal condition; annual reports.........................HB 1320 State Employees; consumer driven health plan option (CDHP) .................................. SB 344 State Program of Health Services; fiscal condition; annual reports...........................HB 1704

1811

3718

INDEX

HEALTH CARE; HEALTH MAINTENANCE ORGANIZATIONS Health Insurers; Consumer Choice of Benefits Health Plan Act ................................... SB 50 HMO; provide use of national standards for quality certification................................ SB 608 Medicaid; managed health care; medically necessary health care pilot program ........................................................................................................................ SB 315 Prescription Drugs by Mail; enrollees in HMO health benefit plans ........................... SB 145
HEALTH CARE; MANAGED PLANS Managed Health Care Plans; right to independent review; include state employees .....................................................................................................................HB 697 Patient's Right Under Managed Health Care Plans; medically necessary and appropriate care; define terms ...................................................................................... SB 314
HEALTH INSURANCE Health Benefits; failure to pay; penalty not applicable to cap......................................HB 259 Health Care Claims Filed Electronically; expedited processing; timely payment ........................................................................................................................ SB 350 Hospital Indigent Care Funding Study Committee; create........................................... SR 416 Insurers; food or refreshments at seminars; provisions..............................................HB 1348 State Employees' Health Insurance; coverage; certain health centers........................HB 1751 State Employees; consumer driven health plan option (CDHP) .................................. SB 344 State Program of Health Services; fiscal condition; annual reports...........................HB 1704
HEALTH PLANNING; CERTIFICATE OF NEED (Also see Hospitals) Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431 Health Planning; nonclinical health services; exempt certain facilities ....................... SB 574 Regulatory Reform Act; rule making by Department of Community Health .............. SB 361
HEALTH; ADMINISTRATION AND ENFORCEMENT Community Health, Department; create Office of Minority Health; advisory council .......................................................................................................................... SB 503
HEALTH; GENERAL PROVISIONS Children's Vision Improvement/Learning Readiness Act; eye exams for children entering first grade ......................................................................................... SB 242 Family/Children Services; establish separate department and agency......................... SB 241
HEALTH; RECORDS Health Records; care provider, facility; electronic format; conditions/rights .............. SB 595

1812

3719

INDEX

HEARD COUNTY Heard County Public Facilities Authority Act; revenue bonds; issuance; condition....................................................................................................................... SB 625 Western Area Regional Radio System Authority; create ...........................................HB 1715
HEARING AID DEALERS AND DISPENSERS Health Care Protection Act; health care licensing violations; penalties ...................... SB 162
HENRY COUNTY Designate; George H.W. Bush Presidential Parkway; Henry County.......................... SR 588 Henry County; homestead exemption; base year assessed value .................................HB 482 Henry County; homestead exemption; base year assessed value ...............................HB 1538
HERITAGE HIGH SCHOOL; Students honored for bravery ...................................Page 60
HIGHWAYS, BRIDGES, AND FERRIES (Also see Transportation; Public Utilities) Airports Receiving State Financial Assistance; certain repayment..............................HB 886 Catoosa County; Battlefield Parkway; dedicate portion to Baxter Shavers ................. SR 866 Designate; Alan Jackson Highway; Coweta County.................................................... SR 569 Designate; Alan Jackson Highway; Coweta County.................................................... SR 781 Designate; Bill Conn Parkway ...................................................................................HR 1440 Designate; Billy Jiles Memorial Highway; Carroll County ......................................... SR 293 Designate; Billy Jiles Memorial Highway; Carroll/Coweta County ............................ SR 829 Designate; Bob Fulton Memorial Highway ...............................................................HR 1460 Designate; Bruton Smith Parkway .............................................................................HR 1341 Designate; Burke (County) Veterans Parkway to honor military veterans .................. SR 184 Designate; Burke (Star) Veterans Parkway................................................................HR 1262 Designate; C. L. Mapp Bridge....................................................................................HR 1455 Designate; Chief J. A. Fountain Bridge .....................................................................HR 1456 Designate; Daniel Starnes Bridge; Paulding County.................................................... SR 951 Designate; Dean Bryant Intersection; Lumpkin County ................................................ SR 23 Designate; Earl Paulk Parkway; DeKalb County........................................................... SR 38 Designate; Earl Paulk Parkway; DeKalb County......................................................... SR 828 Designate; Forrest "Preacher" Sawyer Memorial Parkway........................................HR 1469 Designate; George H.W. Bush Presidential Parkway; Henry County.......................... SR 588 Designate; George W. Potts Highway; Coweta County............................................... SR 626 Designate; George W. Potts Highway; Coweta County............................................... SR 797 Designate; Jack Connell Parkway ................................................................................HR 104 Designate; James D. (Jim) McGee Memorial Highway; Fulton County...................... SR 952 Designate; John D. Smith Highway; Paulding County ................................................ SR 301 Designate; John D. Smith Highway; Paulding County ................................................ SR 668 Designate; John D. Smith Highway; Paulding County ................................................ SR 836 Designate; John Pelham Memorial Parkway..............................................................HR 1190

1813

3720

INDEX

Designate; Johnny Wayne Spivey Bridge ..................................................................HR 1472 Designate; Joy N. Kleeman Memorial Bikeway ........................................................HR 1404 Designate; Judge Jim Weeks Intersection; DeKalb County......................................... SR 869 Designate; Julien B. Roddenbery, Sr. Memorial Drive..............................................HR 1373 Designate; Keith Kalland Memorial Highway.............................................................HR 132 Designate; Max R. Davey Bridge...............................................................................HR 1454 Designate; May as Scots-Irish Month; Lord Laird of Artigarvan ................................ SR 632 Designate; Mayor George Merron Peters Memorial Highway ....................................HR 940 Designate; Michael B. Mundy Memorial Bridge; Pickens County.............................. SR 299 Designate; Michael B. Mundy Memorial Bridge; Pickens County.............................. SR 787 Designate; Purple Heart Highway..............................................................................HR 1191 Designate; Purple Heart Highway; portion of State Route 232 ...................................HR 398 Designate; Rembert Olen McAfee Bridge .................................................................HR 1349 Designate; Ricky L. Crockett Bridge .........................................................................HR 1473 Designate; Robert Ray Parkway...................................................................................HR 257 Designate; Rosa Proctor Bridge; Baldwin County....................................................... SR 596 Designate; Veterans Memorial Highway; Banks County veterans; commend ..............HR 90 Designate; William S. Hutchings Bridge; Bibb County................................................. SR 66 Designate; Woodpecker Trail Highway; 10 counties................................................... SR 843 Designate; Woodpecker Trail; Richmond County ....................................................... SR 646 Funds for Public Roads; allocation; balancing federal/state funds between congressional districts; percentage............................................................................... SB 110 Georgia Community Streetcar Development/Revitalization; streetcar transportation................................................................................................................ SB 516 Georgia's Transportation Needs, Study Committee; create.......................................... SR 422 Highways; billboards; repeal tree trimming permits; change provisions to Roadside Enhancement and Beautification Council .................................................... SB 334 License Plates; special; "Share the Road" message ..................................................... SB 283 Mass Transportation Service; increase limit of state funds..........................................HB 263 Motor Carriers; certain "911" service; vehicles and loads; amend provisions ..........HB 1248 Motor Fuel/Road Taxes; change certain definitions ...................................................... SB 67 Motor Vehicle License Fees, Classes, Restricted Plates; amend provisions..............HB 1087 Motor Vehicle License; fees and classes of agricultural vehicles; definitions .............. SB 59 Motorized Cart; redefine; amend provisions..............................................................HB 1063 Public Roads Fund; allocation; change provisions of state/federal funds.................... SB 425 Public Roads; classification; change provisions of definitions.................................... SB 450 Public Roads; limitations on power to contract; design-build; provide exception ...................................................................................................................... SB 553 Public Transit; buses, rapid rail cars, stations; allow bottled water .............................HB 778 Public Transportation Funds; allocation among congressional districts ........................ SB 79 Public Transportation Funds; expenditures; state/federal funds remove MARTA........................................................................................................................ SB 127

1814

3721

INDEX

Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ...................................................... SB 273 Railroad Crossings; elimination; petition provisions .................................................HB 1254 Railroads; maintenance of grade crossings; provisions ............................................... SB 585 Reinstate; "T. Watson Mobley Bridge"; Burke County ............................................... SR 883 Rosa Proctor Intersection and Robert L. and Sally Thompson Intersection; designate; Battlefield Parkway; dedicate portion to memory of Baxter Shavers .........................................................................................................................HR 591 Sales Tax on Motor Fuel; proceeds for local assistance road programs ...................... SR 159 Sales/Motor Fuel Taxes; dealers and distributors; amend provisions........................HB 1459 Soil Erosion Control; exemption; public roadway drainage structures........................ SB 122 State Public Transportation Fund; priority of expenditures and allocation of funds ...........................................................................................................................HB 1295 State Transportation Board; voting in caucuses; roll-call or show of hands................ SB 438 Teleworking Study Commission; create ...................................................................... SR 447 Toll Road; exempt motorcycle operators charged on any toll road ............................. SB 597 Traffic; speed-monitoring systems; measure speed/produce photograph; penalty .......................................................................................................................... SB 603 Transportation Department; employment of investigators........................................... SB 307 Transportation Department; peace officers as nonuniform investigators .................... SB 271 Transportation Infrastructure Bank Act; enact...........................................................HB 1136 Transportation, Department of; appointment of investigators; streetcar pilot projects; provisions.....................................................................................................HB 1156 Truck/Highway Safety; Senate Study Committee; create .......................................... SR 1027 Vehicles Stopped by Law Enforcement During Nighttime Hours; driver and passengers remain in vehicle............................................................................................ SB 6 Vehicular Homicide in the Second Degree; change provisions ................................... SB 227
HOLLY SPRINGS, CITY OF Holly Springs Parks and Recreation Authority; create...............................................HB 1774 Holly Springs, City of; redevelopment powers ..........................................................HB 1810
HOME SCHOOLING (Also see Education) Home Study Programs; qualifications of tutors .........................................................HB 1428 Jury Duty; exempt certain caregivers and home school teachers ...............................HB 1227 Students in Home Study Programs; extracurricular programs in public schools; requirements ................................................................................................... SB 210
HOMER, CITY OF Homer, City of; new charter.......................................................................................HB 1223
HOMESTEAD EXEMPTION Bryan County; homestead exemption; urge board of commissioners to adopt ......... SR 1051

1815

3722

INDEX

Bryan County; homestead exemption; urge commissioners to adopt for educational purposes .................................................................................................. SR 1052 Fulton County; ad valorem; homestead exemption; senior citizens............................. SB 142
HOMICIDE Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 Juvenile Proceedings; certain conviction; termination of parental rights ..................HB 1632 Life Without Parole; imposed in certain cases under certain circumstances ............... SB 149 Vehicular Homicide in the Second Degree; change provisions ................................... SB 227
HOSPITALS AND OTHER HEALTH CARE FACILITIES (Also see Nursing Homes) Abandoned Child Protection Act; newborns left at medical facilities; penalty ........... SB 186 Death Investigations; compensated care services; definition; inform coroner............. SB 416 Death Investigations; patients receiving compensated care in facilities licensed by DHR........................................................................................................... SB 111 Death Investigations; persons receiving "compensated care"; notification ................. SB 285 Emergency Medical Services; air ambulances; licensure; regulation (PF) ...................... SB 4 Georgia Hospital Insurance Authority; create............................................................HB 1028 Health Care Claims Filed Electronically; expedited processing; timely payment ........................................................................................................................ SB 350 Health, Education, and Social Services; certain boards and councils; amend provisions ...................................................................................................................HB 1266 Hospital Care for Nonresident Indigents; reimbursement by counties; accounting of funds ...................................................................................................... SB 171 Hospital Indigent Care Funding Study Committee; create........................................... SR 416 Licensed Physician; not require malpractice insurance; prevent penalty..................... SB 455 Medical Liability Insurance; affordability problems; Medical Malpractice Market Stability Act ..................................................................................................... SB 355 Medical Malpractice Insurance Premium Reform Act................................................. SB 358 Nonprofit Hospitals/Employees; liability insurance; provisions..................................HB 326 Nursing Homes; influenza and pneumococcal vaccinations; offer patients annually ......................................................................................................................HB 1709 Nursing Homes; one nurse in charge of nursing activities; regulate............................ SB 417 Patient Safe Prescription Drug Act; regulate electronically transmitted data; patient's choice of retail pharmacy .............................................................................. SB 179 Patient's Right Under Managed Health Care Plans; medically necessary and appropriate care; define terms ...................................................................................... SB 314 Perfection of Hospital, Nursing Home, Physician Practice, and Traumatic Burn Care Medical Practice Liens; causes of action liens; change certain provisions ...................................................................................................................HB 1303 Rules of the Road; Parking Law for Persons with Disabilities; redefine terms ........... SB 481 Senate Assisted Living and Long Term Care Study Committee; create ...................... SR 901

1816

3723

INDEX

State Employees' Health Insurance; coverage; certain health centers........................HB 1751 State Employees; consumer driven health plan option (CDHP) .................................. SB 344 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133 Tort Immunity; federal smallpox vaccination program; hospitals, health care providers....................................................................................................................... SB 336 Torts; immunity; medical or forensic examiners of sexual assault victims ................... SB 25 Torts; limiting liability of free health clinics; provide ...............................................HB 1793 Uncompensated Trauma Care; trust fund to pay hospitals.........................................HR 1420 Vaccination Program for Emergency Responders Exposed to Infectious Diseases; contingent upon bioterrorism funding.......................................................... SB 333 Woman's Right to Know Act; Medical Consent Law; abortion procedures; 24 hour waiting period following disclosure.................................................................. SB 23
HOTELS, MOTELS, INNS, AND ROADHOUSES Hotel-Motel Tax; create review board; amend certain provisions .............................HB 1415 Hotels, Motels; excessive room rates during special sporting events .......................... SB 150 Winecoff Hotel, Joint Study Committee on the Rehabilitation of; create.................... SR 303
HOUSE OF REPRESENTATIVES Adjournment; relative to ..............................................................................................HR 944 Adjournment; relative to ............................................................................................HR 1400 Adjournment; relative to ............................................................................................HR 1575 Adjournment; relative to ............................................................................................HR 1729 Adjournment; relative to ............................................................................................HR 1732 Adjournment; relative to ............................................................................................HR 1819 House of Representatives; reapportionment; election from single-member districts ......................................................................................................................... SR 108 Connell, Honorable Jack; urge DOT to dedicate Riverwatch Parkway in Augusta, Georgia........................................................................................................ SR 1025 Election Districts; legislative and congressional reapportionment; specify requirements; community of interest.............................................................................. SB 91 House Districts; composition; qualifications; election; reapportionment .................... SB 521 House of Representatives; tax benefits to companies that provide health benefits ......................................................................................................................... SR 864 Joint Session; address by President of United States ...................................................HR 942 Joint Session; Governor's Message; inviting Justices of Supreme/Court of Appeals......................................................................................................................... SR 567 Joint Session; message from Chief Justice of Supreme Court ....................................HR 945 Legislative Retirement; General Assembly; membership; prior service......................HB 300 Lottery Corporation; legislative oversight committee; conform committee references ...................................................................................................................HB 1117 Notify Senate; House convened ...................................................................................HR 943

1817

3724

INDEX

Senate Convened; notify House of Representatives..................................................... SR 565 Special License Plates; General Assembly; change certain provisions......................HB 1588
HOUSING (Also see Buildings and Housing) Condominiums; clarification of provisions..................................................................HB 210 Landfill Sites; used for certain construction; required tests.........................................HB 495 Low Income Building Projects; separate classification; ad valorem taxes ................HR 1095 Property Involved With Illegal Drug Activities; enhanced penalties........................... SB 324 Property Owners' Association Act; change certain provisions; clarify applicability ..................................................................................................................HB 208 Residential and General Contractors, State Licensing Board; create.........................HB 1003
HOUSING AND FINANCE AUTHORITY Georgia Housing/Finance Authority; expend funds for advisory, technical................ SB 591
HOUSTON COUNTY Perry-Houston County Airport Authority; membership.............................................HB 1684 Public Property; conveyance; grant utility easements; 13 counties.............................. SR 651
HUMAN RESOURCES, DEPARTMENT OF Adoptions/Child-Placing Agencies; records access; birth records; practices ................ SB 55 Disabled Adults/Elder Persons; illegal to discriminate complaints of abuse............... SB 420 Emergency Medical Services; air ambulances; licensure; regulation (PF) ...................... SB 4 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 Family Children Services; establish separate department and agency ......................... SB 241 Federal Food Stamp Program for Low-Income Georgians; urge DHR adopt options to provide access.............................................................................................. SR 228 Foster Parents Bill of Rights; enact............................................................................HB 1580 Georgia Department of Public Health; recognize ........................................................ SR 725 Head Injured/Spinal Cord Disabled Persons; reporting procedures; provisions ..................................................................................................................... SB 582 HMO; provide use of national standards for quality certification................................ SB 608 Long-Term Care Services; in-home and community based care; consumer choice and control; Independence Plus Act ................................................................. SB 170 Marriage; application of license; State Office of Vital Records; revisions ................. SB 478 Nurses, Advanced Practice Registered; prescriptive authority ...................................... SB 36 Prescription Drugs; Georgia Rx Plan for Seniors Act.................................................. SB 304 Schools; health education and physical activity; urge funding ..................................HR 1096 Septic Tank Waste; disposal sites; handling facilities.................................................. SB 176 Sewage On-Site Management Systems; DHR authorization; state-wide regulations; reduced trench length ............................................................................... SB 367

1818

3725

INDEX

Vaccination Program for Emergency Responders Exposed to Infectious Diseases; contingent upon bioterrorism funding.......................................................... SB 333 Woman's Right to Know Act; Medical Consent Law; abortion procedures; 24 hour waiting period following disclosure.................................................................. SB 23
HUNTING (Also see Game and Fish) Hunting and Fishing; honorary licenses; disability certification................................HB 1608 Hunting/Fishing; preserve citizens' rights ....................................................................HR 985 Hunting Deer With Dogs; permits; amend provisions ...............................................HB 1558 Lifetime Sportsman's Licenses; certain nonresidents; provisions..............................HB 1362
I
INCOME TAX (Also see Taxation and Revenue) Limitation on State Taxation, Spending, and New or Expanded Activities; revenue limits; excess revenues; emergencies ............................................................. SR 163 Income Tax Credit; certain motion picture production investments ..........................HB 1775 Income Tax Credits; individual development accounts; comprehensive regulation....................................................................................................................HB 1384 Income Tax Refund; setoff debt; probation fees and restitution orders.......................HB 677 Income Tax; exempt certain organ donation expenses ..............................................HB 1410 Income Tax; independent contractors; certain false declarations ..............................HB 1444 Income Tax; job tax credit; qualified biotech. businesses; definitions ........................ SB 559 Income Tax; job tax credits; less developed areas; certain businesses; enterprise zones ............................................................................................................HB 984 Income Tax; qualified biotech. businesses; transfer of credit; conditions ................... SB 558 Income Taxes; change certain definitions ...................................................................... SB 66 Income Taxes; jobs tax credits; designation of counties as less developed areas; business closings in areas comprising military bases .......................................... SB 11 Nuisance Abatement Liens; collection procedures; foreclosures................................. SB 182 School Readiness; change name to Bright from the Start; revise ................................ SB 456 State/Local Tax Revision; uniform sales and use tax administration ........................HB 1437 Tax Penalties; false claims of independent contractor status ....................................... SB 106 Tax Penalties; false claims of independent contractor status; violations ..................... SB 491
INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES Emergency Management Employees, "911" Operators and Dispatchers; indemnification............................................................................................................. SR 213 Criminal Justice Coordinating Council; membership; law enforcement; insurance....................................................................................................................... SB 427 Emergency Management Employees, "911" Operators or Dispatchers; indemnification............................................................................................................. SB 218 Emergency Medical Technicians; indemnification; noncompulsory insurance........... SB 604

1819

3726

INDEX

Indemnification of Emergency Personnel, Joint Study Committee; create.................. SR 212 Indemnification; government employed firefighters; rebuttable presumption...........HB 1297 Nonprofit Hospitals/Employees; liability insurance; provisions..................................HB 326 Special License Plates; revenue dedication; certain nonprofit organizations ............HR 1322
INDIAN AFFAIRS Official Frontier and Southeastern Indian Interpretive Center; designate ...................HB 865
INDIGENT Alternate Indigent Delivery Systems; requirements; change provisions...................... SB 512 Ambulance Services; reimbursement for Medicaid recipients and indigents ............HB 1720 County Law Libraries; board of trustees; DA membership; use of collected funds ............................................................................................................................... SB 83 Hospital Care for Nonresident Indigents; reimbursement by counties; accounting of funds ...................................................................................................... SB 171 Indigent Defense; Public Defender Standards Council; members .............................HB 1318 State Program of Health Services; fiscal condition; annual reports...........................HB 1704
INDIGENT AND ELDERLY PATIENTS Ambulance Services; reimbursement for Medicaid recipients and indigents ............HB 1720 Death Investigations; patients receiving compensated care in facilities licensed by DHR........................................................................................................... SB 111 Death Investigations; persons receiving "compensated care"; notification ................. SB 285 Disabled Adults/Elder Persons; illegal to discriminate complaints of abuse............... SB 420 Hospital Care for Nonresident Indigents; reimbursement by counties; accounting of funds ...................................................................................................... SB 171 Hospital Indigent Care Funding Study Committee; create........................................... SR 416 Nonresident Indigents; funding for reimbursing hospitals; provide sources ............... SB 468 Nursing Homes; influenza and pneumococcal vaccinations; offer patients annually ......................................................................................................................HB 1709 Senate Assisted Living and Long Term Care Study Committee; create ...................... SR 901
INDIGENT DEFENSE ACT Sexual Assault Victims; improved assistance; sexual abuse protocol committee ..................................................................................................................... SB 457
INDIGENTS; LEGAL DEFENSE Alternate Indigent Delivery Systems; requirements; change provisions...................... SB 512 County Law Libraries; board of trustees; DA membership; use of collected funds ............................................................................................................................... SB 83 Employees' Retirement; Indigent Defense Council; change designation...................HB 1137 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders .................................................................... SB 102

1820

3727

INDEX

Indigent Defense; Public Defender Standards Council; members .............................HB 1318 Local Victim Assistance Programs; funding; amend provisions ...............................HB 1561
INDUSTRIAL HYGIENISTS Industrial Hygiene Title Protection Act; enact...........................................................HB 1379
INDUSTRIAL LOANS Payday Lending; Deferred Presentment or Advance Cash Services; regulate unlawful transactions.................................................................................................... SB 157
INDUSTRY, TRADE, AND TOURISM, DEPARTMENT OF Industry, Trade and Tourism Department; improve promotion of marine research......................................................................................................................... SB 624 Industry, Trade and Tourism Department; acquire personal property; general provisions ..................................................................................................................... SB 531
INITIATIVE PETITION Freedom of Speech and Right to Petition; certain actionable acts .............................HB 1069
INKS, STEPHANIE; Miss Troup County.................................................................Page 2155
INSURANCE Emergency Management Employees, "911" Operators and Dispatchers; indemnification............................................................................................................. SR 213 Health Benefits; failure to pay; penalty not applicable to cap......................................HB 259 Health Care Claims Filed Electronically; expedited processing; timely payment ........................................................................................................................ SB 350 Health Insurance; state employees no longer covered by federal insurance plan ............................................................................................................................... SB 282 Health Insurers; Consumer Choice of Benefits Health Plan Act ................................... SB 50 HMO; provide use of national standards for quality certification................................ SB 608 Individual Deferred Annuities; nonforfeiture amounts; set rates.................................HB 539 Insurance Commissioner; authorized representatives; immunities from liabilities ....................................................................................................................... SB 504 Insurance Commissioner; time period to approve rate filings, rating plans, underwriting rules......................................................................................................... SB 238 Insurance; service of orders and notices; authorize electronic mail; property insurance; claim against policy; define ......................................................................HB 1263 Insurers; food or refreshments at seminars; provisions..............................................HB 1348 Insurers; require publication of annual financial statement ......................................... SB 237 Local Boards of Education; certain benefits; authorize funds .....................................HB 328 Mail-Order Pharmaceutical Distributors; HMO use licensed Georgia pharmacy ...................................................................................................................... SB 544

1821

3728

INDEX

Managed Health Care Plans; right to independent review; include state employees .....................................................................................................................HB 697 Medicaid; claims to recover cost of care from at fault third party; legal liability.......................................................................................................................... SB 191 Medicaid; managed health care; medically necessary health care pilot program ........................................................................................................................ SB 315 Medical Liability Insurance; affordability problems; Medical Malpractice Market Stability Act ..................................................................................................... SB 355 Medical Malpractice Insurance Premium Reform Act................................................. SB 358 Motor Vehicle Insurance; advance payment requirements ........................................HB 1499 Municipalities; lease property to certain nonprofit corporation...................................HB 423 Nonprofit Hospitals/Employees; liability insurance; provisions..................................HB 326 Patient's Right Under Managed Health Care Plans; medically necessary and appropriate care; define terms ...................................................................................... SB 314 Prescription Drugs by Mail; enrollees in HMO health benefit plans ........................... SB 145 Property and Casualty Insurance Rates, Filing and Approval Process; Committee to Study...................................................................................................... SR 445 Seed-Capital Fund; comprehensive revision of provisions........................................HB 1507 State Employees Salaries; federated charitable organizations; welfare services ......................................................................................................................... SB 584 State Employees' Health Insurance; certain community service retirees .....................HB 594 State Employees' Health Insurance; fiscal condition; annual reports.........................HB 1320 Subsequent Injury Trust Fund; dissolution provisions...............................................HB 1579 Surcharges for Certain Public Safety Employees; remove certain limitations.............HB 547 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133 Torts; health care providers in emergency conditions; provide limited liability.......................................................................................................................... SB 432 Toxic Mold Study Committee; creating ......................................................................... SR 22 Unemployment Benefits; eligibility; military transfer of spouse .................................HB 117 Vehicle Liability Insurance; cancellation by active duty military personnel on foreign assignment .................................................................................................. SB 280 Workers' Compensation; certain claimants; appointment of guardian; settlements ..................................................................................................................HB 1278
INSURANCE, DEPARTMENT AND COMMISSIONER Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431 HMO; provide use of national standards for quality certification................................ SB 608 Insurance Commissioner; authorized representatives; immunities from liabilities ....................................................................................................................... SB 504 Medical Liability Insurance; affordability problems; Medical Malpractice Market Stability Act ..................................................................................................... SB 355

1822

3729

INDEX

Medical Malpractice Insurance Premium Reform Act................................................. SB 358
INSURANCE; ACCIDENT AND SICKNESS Health Insurers; Consumer Choice of Benefits Health Plan Act ................................... SB 50
INSURANCE; PRIVATE REVIEW AGENT CERTIFICATION Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431
INSURANCE; GENERALLY Health Benefits; failure to pay; penalty not applicable to cap......................................HB 259 Health Care Claims Filed Electronically; expedited processing; timely payment ........................................................................................................................ SB 350 Health Insurers; Consumer Choice of Benefits Health Plan Act ................................... SB 50 Insurance; service of orders and notices; authorize electronic mail; property insurance; claim against policy; define ......................................................................HB 1263
INSURANCE; GROUP OR BLANKET ACCIDENT AND SICKNESS Health Insurers; Consumer Choice of Benefits Health Plan Act ................................... SB 50 Mail-Order Pharmaceutical Distributors; HMO use licensed Georgia pharmacy ...................................................................................................................... SB 544
INSURANCE; LIFE Employees' Retirement; group term life insurance; definition.....................................HB 607 Insurers; food or refreshments at seminars; provisions..............................................HB 1348
INSURANCE; PROPERTY Toxic Mold Study Committee; creating ......................................................................... SR 22
INSURERS; FEES AND TAXES HMO; provide use of national standards for quality certification................................ SB 608
INSURERS; NONPROFIT MEDICAL SERVICE CORPORATIONS Health Insurers; Consumer Choice of Benefits Health Plan Act ................................... SB 50
INSURERS; RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS
Insurance Commissioner; time period to approve rate filings, rating plans, underwriting rules......................................................................................................... SB 238 Insurers; require publication of annual financial statement ......................................... SB 237 Medical Malpractice Insurance Premium Reform Act................................................. SB 358 Surcharges for Certain Public Safety Employees; remove certain limitations.............HB 547

1823

3730

INDEX

INSURERS; UNFAIR TRADE PRACTICES Insurers; food or refreshments at seminars; provisions..............................................HB 1348
INTANGIBLE TAXATION Intangible Taxes; real estate transfer tax; change certain provisions............................. SB 69
INTEREST AND USURY (Also see Banking and Finance) Nonresident Indigents; funding for reimbursing hospitals; provide sources ............... SB 468 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133
IRWIN COUNTY Irwin County; commissioner districts; reapportion ....................................................HB 1021
ISAKSON, U.S. CONGRESSMAN JOHNNY; addressed Senate............................Page 458
J
JACKSON COUNTY Jackson County; education districts; reapportion.......................................................HB 1817 Jackson County; office of probate judge, chief magistrate; nonpartisan elections........................................................................................................................ SB 288
JAILS Child Molestation; monitoring of defendant; additional punishment for offense .......................................................................................................................... SB 469 County Jail Inmates; earned time allowances ..............................................................HB 239 County Jails; full-time dispatcher as full-time jailer under certain conditions ............ SB 296 Jail Booking Fees; operates a jail and pretrial detention facility; imposition, collection in traffic court .............................................................................................. SB 269 Juvenile Proceedings; juvenile court jurisdiction; change age...................................HB 1418 Peace Officers' Benefit Fund; membership; county jail officers.................................. SB 189
JASPER COUNTY Public Property; conveyance; grant utility easements; 13 counties.............................. SR 651
JEFF DAVIS COUNTY Jeff Davis County Public Facilities Authority; create................................................HB 1777
JEFFERSON COUNTY Jefferson County; incorporate town of Wrens; establish compensation of members ....................................................................................................................... SB 509

1824

3731

INDEX

JENKINS COUNTY Designate; Woodpecker Trail Highway; 10 counties................................................... SR 843
JOHNSON COUNTY Johnson County; commissioner districts; reapportion ...............................................HB 1120 Johnson County; education districts; reapportion ......................................................HB 1121
JONES COUNTY Deer Hunting; unlawful hunt within certain vicinity of feeds; certain counties .......... SB 328 Jones County; board of commissioners; chairperson .................................................HB 1112
JUDGES (Also see Courts) Administrative Law Judge; contested cases; submission of testimony........................ SB 319 Probate Court Judges; nonpartisan election ................................................................. SR 277 Comprehensive Planning and Service Delivery; local government; amend definition ....................................................................................................................HB 1559 Employees' Retirement and Judicial Retirement; certain membership; creditable service..........................................................................................................HB 923 Employees' Retirement and Judicial Retirement; prior service as assistant district attorney; service credit .....................................................................................HB 753 Ethics Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments............................................................. SB 109 Ethics; campaign contributions for judicial offices; prohibitions .................................. SB 72 Gwinnett Judicial Circuit; new judgeship; term beginning 1/1/04............................... SB 234 Gwinnett Judicial Circuit; new judgeship; term beginning 7/1/03............................... SB 235 Joint Session; Governor's Message; inviting Justices of Supreme/Court of Appeals......................................................................................................................... SR 567 Judicial Emergency Act of 2004; enact......................................................................HB 1450 Judicial Retirement; certain creditable service.............................................................HB 557 Judicial Retirement; certain judges; transfer from Employees' Retirement .................HB 976 Judicial Retirement; Fulton County State Court judges; membership .........................HB 441 Juvenile Court Judges; compensation from state funds; adjustment............................HB 502 Life Without Parole; imposed in certain cases under certain circumstances ............... SB 149 Probate Courts; certain judges; salary increases ........................................................HB 1372 Sheriff, Office of; nonpartisan elections ........................................................................ SB 26 Superior Court Judges; judicial circuits; initial appointment, election, term............... SB 594 Superior Court Review Panel; reduce sentence; provide facts of decision.................. SB 441 Trials; continuance; certain judicial service in another court.....................................HB 1455
JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431 Judges of the Probate Courts Retirement; designated surviving beneficiary...............HB 739

1825

3732

INDEX

JUDICIAL CIRCUITS Cobb Judicial Circuit; judges; supplement.................................................................HB 1591 County Law Libraries; board of trustees; DA membership; use of collected funds ............................................................................................................................... SB 83 Criminal Procedure; demand for trial; time expiration; appeals .................................... SB 45 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 Gwinnett Judicial Circuit; new judgeship; term beginning 1/1/04............................... SB 234 Gwinnett Judicial Circuit; new judgeship; term beginning 7/1/03............................... SB 235 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders .................................................................... SB 102 Pataula Judicial Circuit; change certain terms of court..............................................HB 1373
JUDICIAL RETIREMENT SYSTEM Assistant District Attorneys; retirement; prior service credit....................................... SB 318 Employees' Retirement and Judicial Retirement; certain membership; creditable service..........................................................................................................HB 923 Employees' Retirement and Judicial Retirement; prior service as assistant district attorney; service credit .....................................................................................HB 753 Judicial Retirement; certain creditable service.............................................................HB 557 Judicial Retirement; certain judges; transfer from Employees' Retirement .................HB 976 Judicial Retirement; Fulton County State Court judges; membership .........................HB 441
JURIES Juries; noncapital felony cases; equal number of peremptory strikes .......................... SB 412 Jury Duty; exempt certain caregivers and home school teachers ...............................HB 1227 Patriot Jury Act; guidelines for exemptions of jury duty; postponements ................... SB 523 Trial Juries; size of panels; jury selection; number of peremptory strikes..................... SB 27
JUVENILE PROCEEDINGS (Also see Minors; Courts) Aaron Cohn Regional Youth Detention Center; designate ........................................HR 1530 Abortion; proper identification to physician; minor's parent or guardian .................... SB 240 Adoptions/Child-Placing Agencies; records access; birth records; practices ................ SB 55 Child Placement; adoption petition; time limit requirement ......................................HB 1322 Courts; mandatory sealing of records; certain circumstances ....................................HB 1331 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders .................................................................... SB 102 Judicial Retirement; certain creditable service.............................................................HB 557 Juvenile Court Judges; compensation from state funds; adjustment............................HB 502 Juvenile Justice Reform; training programs; pretrial proceedings; indictment..........HB 1299 Juvenile Proceedings; certain conviction; termination of parental rights ..................HB 1632 Juvenile Proceedings; deprived children; order of disposition; time period ................ SB 148 Juvenile Proceedings; disposition and evidence against child in civil action ................ SB 48

1826

3733

INDEX

Juvenile Proceedings; juvenile court jurisdiction; change age...................................HB 1418 School Attendance Requirements; driver's license; change penalties.......................... SB 428 Truancy Enforcement Act; school attendance; obtaining/maintaining permit............. SB 392
K
KIDNAPPING Life Without Parole; imposed in certain cases under certain circumstances ............... SB 149
L
LABOR AND INDUSTRIAL RELATIONS (See Employment; Workers' Comp.) Employment Security Law; unemployment compensation; exclude certain services ......................................................................................................................... SB 160 Ethics; Labor and Employer Campaign Finance Reform Act........................................ SB 40 Georgia Minimum Wage Law; preempt certain wages/benefit; define terms ............. SB 495 Industrial Hygiene Title Protection Act; enact...........................................................HB 1379 Labor/Industrial Relations; employee's payment of wages; discharge/ resignation ................................................................................................................... SB 627 Minimum Wage Mandates by Local Governments; preemption; exceptions ............HB 1258 Patriot Jury Act; guidelines for exemptions of jury duty; postponements ................... SB 523 State-Wide Reserve Ratio; employer contribution rate; surcharge ............................HB 1555 State-Wide Reserve Ratio; employer contribution; extend suspension of surcharge ...................................................................................................................... SB 527 State-Wide Reserve Ratio; employer contribution; extend suspension of surcharge ...................................................................................................................... SB 529 Subsequent Injury Trust Fund Joint Study Committee; create.....................................HR 263 Subsequent Injury Trust Fund; dissolution provisions...............................................HB 1579 Torts; health care providers in emergency conditions; provide limited liability.......................................................................................................................... SB 432 Unemployment Benefits; eligibility; military transfer of spouse .................................HB 117 Unemployment Compensation Fund; administrative assessment; allocation of funds......................................................................................................................... SB 165 Unemployment Compensation; state-wide reserve ratio; employer rate...................... SB 164 Wages Paid by State Contractors or Subcontractors; living wage requirement ........... SB 303 Workers' Compensation; certain claimants; appointment of guardian; settlements ..................................................................................................................HB 1278
LAKELAND Lakeland-Lanier County; unification of existing governments; provisions...............HB 1802
LAMAR COUNTY Lamar County Livestock and Agriculture Exposition Authority; membership .........HB 1833

1827

3734

INDEX

LAND (Also see Property) Bona Fide Conservation Use Property; include wildlife habitat and production...................................................................................................................HB 1416
LANDLORD AND TENANT (Also see Buildings and Housing) Dispossesory Proceedings; service member rights; lease termination; definitions..................................................................................................................... SB 560 Landlord and Tenant; disposition of tenant's property; landlord's liability..................HB 762 Landlord and Tenant; dispossessory proceedings; abandoned tenant property; time period.................................................................................................................... SB 316 Property Involved With Illegal Drug Activities; enhanced penalties........................... SB 324
LANDSCAPE ARCHITECTS Registered Public Accountants; certification as CPA; repeal provisions .................... SB 449
LANIER COUNTY Lakeland-Lanier County; unification of existing governments; provisions...............HB 1802
LAURENS COUNTY Laurens County; magistrate court; chief magistrate; compensation ..........................HB 1745
LAVONIA, CITY OF Lavonia, City of; corporate limits ..............................................................................HB 1688
LAW ENFORCEMENT OFFICERS AND AGENCIES Emergency Management Employees, "911" Operators and Dispatchers; indemnification............................................................................................................. SR 213 Child Abuse Records; prohibited disclosure when criminal action is pending............ SB 199 Child Welfare Agencies; recall notices on unsafe products; provide; certain records checks; amend provisions..............................................................................HB 1347 Cigar/Cigarette Taxes; increase; loose/smokeless tobacco; impose excise tax ...........HB 379 Controlled Substances; regulate opioid treatment; dangerous drug; change provisions ..................................................................................................................... SB 502 County Jails; full-time dispatcher as full-time jailer under certain conditions ............ SB 296 Courts Technology Advisory Board and Council; successor to Georgia Courts Automation Commission .................................................................................. SB 306 Criminal Justice Coordinating Council; membership; law enforcement; insurance....................................................................................................................... SB 427 DUI; prohibitions, punishment; revise and harmonize provisions................................. SB 75 Emergency Management Employees, "911" Operators or Dispatchers; indemnification............................................................................................................. SB 218 Emergency Medical Services; air ambulances; licensure; regulation (PF) ...................... SB 4

1828

3735

INDEX

Employees' Retirement; benefits for certain law enforcement officers, troopers and GBI agents; age 55 or 25 years................................................................ SB 152 Employees' Retirement; law enforcement personnel; enhanced benefits; age and service.................................................................................................................... SB 212 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 Forensic Sciences, Division; state crime lab; designate reports as prima-facie........... SB 508 Georgia Emergency Operations Plan; unified incident command system; training emergency response personnel........................................................................ SB 243 Georgia Bureau of Investigation; nomenclature; definitions; usage; violations ........HB 1192 Identity Fraud; violations; law enforcement investigations; consumer victims damages ........................................................................................................................ SB 349 Indemnification of Emergency Personnel, Joint Study Committee; create.................. SR 212 Indemnification; government employed firefighters; rebuttable presumption...........HB 1297 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders .................................................................... SB 102 Internet/Computer Safety Act; enact; offenses relating to internet contact with a child ................................................................................................................... SB 103 Law Enforcement Officer; disabled in line of duty; retention of weapon/badge...............................................................................................................HB 158 Law Enforcement Officers or Agents; retirement benefits .......................................... SB 114 Licensed Physicians; volunteering for state, county, etc.; immune from liability.......................................................................................................................... SB 408 Life Without Parole; imposed in certain cases under certain circumstances ............... SB 149 Motor Vehicle for Certain Warden; repeal provisions.................................................HB 340 Motor Vehicles; racial profiling; prohibit ..................................................................HB 1327 Motor Vehicles; red or blue lights; restrictions; exemptions .....................................HB 1287 Offense of Fleeing a Pursuing Police Vehicle or Police Officer; punishment............. SB 188 Offense of Fleeing or Attempting to Elude a Police Officer; penalties ....................... SB 297 Pardons and Paroles; board employees; police powers..............................................HB 1702 Payroll Deductions; corrections officer; provide for not for profit organization .................................................................................................................. SB 437 Peace Officer/Prosecutor Training Fund; accounting of all deposits............................. SB 46 Peace Officers' Annuity and Benefit; creditable service for certain prior service.........................................................................................................................HB 1027 Peace Officers' Benefit Fund; membership; county jail officers.................................. SB 189 Peace Officers; basic training; preservice admittance; requirements; provisions ..................................................................................................................... SB 426 Personal Property in Custody of Law Enforcement Agency; disposition ....................HB 484 School Attendance Officers; authority; certain peace officers; duties .........................HB 395 Sexual Offender Registry; higher learning institution; interactive data base............... SB 537 Sheriffs Engaging in Certain Businesses; violation of oath of office ..........................HB 415

1829

3736

INDEX

Stopping of Motorist by Law Enforcement; probable cause; racial profiling restrictions; officer training............................................................................................ SB 95 Surcharges for Certain Public Safety Employees; remove certain limitations.............HB 547 Tort Action; public safety employees; provide definitions .......................................... SB 607 Torts; health care providers in emergency conditions; provide limited liability.......................................................................................................................... SB 432 Torts; immunity; medical or forensic examiners of sexual assault victims ................... SB 25 Traffic Control Device Preemption Emitters; prohibition .........................................HB 1113 Traffic; speed-monitoring systems; measure speed/produce photograph; penalty .......................................................................................................................... SB 603 Transportation Department; employment of investigators........................................... SB 307 Transportation Department; peace officers as nonuniform investigators .................... SB 271 Transportation, Department of; appointment of investigators; streetcar pilot projects; provisions.....................................................................................................HB 1156 Vaccination Program for Emergency Responders Exposed to Infectious Diseases; contingent upon bioterrorism funding.......................................................... SB 333 Vehicles Stopped by Law Enforcement During Nighttime Hours; driver and passengers remain in vehicle............................................................................................ SB 6
LAW ENFORCEMENT OFFICERS AND AGENCIES; GENERAL PROVISIONS Identity Fraud; violations; law enforcement investigations; consumer victims damages ........................................................................................................................ SB 349 Motor Vehicle for Certain Warden; repeal provisions.................................................HB 340
LAWS AND STATUTES Nuisances; agricultural facilities/operations; change provisions of treatment............. SB 511 Regulatory Reform Act; rule making by Department of Community Health .............. SB 361
LEE COUNTY Lee County Parks and Recreation Authority; create ..................................................HB 1789
LEGAL ADVERTISING Family Violence and Stalking Offenses; persons convicted; photo publication ..................................................................................................................HB 1259 Insurers; require publication of annual financial statement ......................................... SB 237 Motor Carriers; certain "911" service; vehicles and loads; amend provisions ..........HB 1248 Special County 1% Sales Tax; annual publication of audit .......................................HB 1414
LEGISLATIVE RETIREMENT SYSTEM Legislative Retirement; General Assembly; membership; prior service......................HB 300
LELAND, DR. DOROTHY; President of Georgia College; addressed Senate .........Page 179

1830

3737

INDEX

LIABILITY AND LIABILITY INSURANCE Child Care Facilities; liability insurance coverage......................................................... SB 24 Child Custody; court appointed custody evaluator; liability ......................................HB 1194 Common-Sense Consumption Act; enact...................................................................HB 1519 Georgia Hospital Insurance Authority; create............................................................HB 1028 Licensed Physician; not require malpractice insurance; prevent penalty..................... SB 455 Local Boards of Education; certain benefits; authorize funds .....................................HB 328 Nonprofit Hospitals/Employees; liability insurance; provisions..................................HB 326 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133 Torts; limiting liability of free health clinics; provide ...............................................HB 1793 Utility Facilities Protection; excavating and blasting; amend provisions ..................HB 1352 Vehicle Liability Insurance; cancellation by active duty military personnel on foreign assignment .................................................................................................. SB 280
LIBEL AND SLANDER Freedom of Speech and Right to Petition; certain actionable acts .............................HB 1069
LIBERTY COUNTY Kemp, DeLoach, Williams County Tax Relief Act; Liberty County; homestead exemption for county purposes .................................................................. SB 601 Kemp, DeLoach, Williams School Tax Relief Act; Liberty County; Ad Valorem Taxes for educational purposes ..................................................................... SB 600 Liberty County Hospital Authority; vacancies; manner of nomination/appointment............................................................................................... SB 493 Public Property; conveyance; grant utility easements; 13 counties.............................. SR 651
LIBRARIES, LIBRARIANS Children's Internet Protection Act; safety policies in schools, libraries; conditional funding for computers ................................................................................. SB 52
LICENSE PLATES AND REGISTRATION (Also see Motor Vehicles) Special License Plates Promoting Charitable Organizations, Foundations ................. SR 262 Drivers' Licenses/Auto Insurance; forms of ID for noncitizens from FTAA member countries ......................................................................................................... SB 181 Georgia War Veterans Nursing Home Trust Fund; create; special plates ...................HR 614 Highways; billboards; repeal tree trimming permits; change provisions to Roadside Enhancement and Beautification Council .................................................... SB 334 License Plates for Motorcycles; provide for veterans awarded Purple Heart .............. SB 470 License Plates, Special; promote organ/tissue donation organizations........................ SB 542 License Plates; disabled veteran; vehicle owned by certain trust.................................HB 611 License Plates; historic preservation; promote/financially provide for Georgia ......................................................................................................................... SB 407

1831

3738

INDEX

License Plates; prestige/special; honoring Masons; donating revenue to charities ........................................................................................................................ SB 279 License Plates; special; "Share the Road" message ..................................................... SB 283 License Plates; special; Global War on Terrorism veterans; conditions...................... SB 479 License Plates; special; Omega Psi Phi Fraternity; provide conditions ....................... SB 463 License Plates; state and local government vehicles; permanent plates ....................HB 1743 Motor Vehicle License Fees, Classes, Restricted Plates; amend provisions..............HB 1087 Motor Vehicle License; fees and classes of agricultural vehicles; definitions .............. SB 59 Motor Vehicles; certificate of registration/title; change certain provisions................. SB 461 Prestige and Special License Plates; veterans awarded Purple Heart; no charge ........................................................................................................................... SB 120 Special License Plates; General Assembly; change certain provisions......................HB 1588 Special License Plates; Medal of Honor; surviving spouse retain .............................HB 1253 Special License Plates; retired reservists or National Guard members........................HB 274 Special License Plates; revenue dedication; certain nonprofit organizations ............HR 1322 Special License Plates; Rotary International; Girl Scouts U.S.A...............................HB 1549
LICENSE PLATES AND VEHICLE REGISTRATION; FEES FOR OPERATION Prestige/Special License Plates; veterans awarded Purple Heart; no charge ............... SB 120
LICENSES (Also see Professions and Names Category) Agriculture; commissioner's orders; administrative review .......................................HB 1147 Athletic/Entertainment Commission; amend provisions..............................................HB 558 Athletic Trainers; licensing; exceptions .....................................................................HB 1394 Child Welfare Agencies; recall notices on unsafe products; provide; certain records checks; amend provisions..............................................................................HB 1347 Chiropractors; board of examiners; additional authority............................................HB 1512 Cigar/Cigarette Taxes; increase; loose/smokeless tobacco; impose excise tax ...........HB 379 Contact Lenses; selling and dispensing; amend provisions .......................................HB 1496 Counties; private trespass towing; licenses ................................................................HB 1150 Dentists/Dental Hygienists; amend provisions...........................................................HB 1141 Drivers' Licenses and Training; vehicle insurance lapse fees; truck identification standards; administrative procedure.....................................................HB 1168 Drivers' Licenses; certain suspension; limited driving permits....................................HB 185 Drivers' Licenses; suspension; certain time period ....................................................HB 1274 Drivers' Licenses; suspension; nonresidents; prescribed forms .................................HB 1177 Farmers' Markets; license to sell; suspension; prohibition.........................................HB 1186 Hunting and Fishing; honorary licenses; disability certification................................HB 1608 Hunting Deer With Dogs; permits; amend provisions ...............................................HB 1558 Ignition Interlock Device Providers Act; enact..........................................................HB 1162 Lifetime Sportsman's Licenses; certain nonresidents; provisions..............................HB 1362 Meat, Poultry, Seafood; mobile sale vehicles; license expiration ..............................HB 1234 Motor Vehicles; traffic offenses; conviction notification ..........................................HB 1159

1832

3739

INDEX

Physicians; licenses; temporary postgraduate training permits ..................................HB 1265 Premarital Counseling; financial incentive; marriage licenses ..................................HB 1451 Real Estate Closings; unfair trade practice; licensee conducting closing; remove provision........................................................................................................HB 1311 Residential and General Contractors, State Licensing Board; create.........................HB 1003 Soil Scientists Licensing Act of 2004; enact..............................................................HB 1047 Special License Plates; Medal of Honor; surviving spouse retain .............................HB 1253 Special License Plates; Rotary International; Girl Scouts U.S.A...............................HB 1549 Taxes; tobacco products; licensure, definitions, penalties .........................................HB 1282 Used Car Dealers; surety bond .....................................................................................HB 585
LIMOUSINE CARRIERS AND TAXICABS Motor Carriers; certain "911" service; vehicles and loads; amend provisions ..........HB 1248
LOANS EdGeorgia, LLC; urge Governor to establish educational loan ................................... SR 624 Payday Lending; Deferred Presentment or Advance Cash Services; regulate unlawful transactions.................................................................................................... SB 157
LOBBYING AND LOBBYISTS Ethics in Government; Financial Disclosure Reform Act of 2003; enact........................ SB 3 Ethics Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments............................................................. SB 109 Ethics; campaign contribution disclosure reports; filing functions; transfer to State Ethics Commission.............................................................................................. SB 144 Ethics; unlawful to use/accept public funds for lobbying; penalties............................ SB 446
LOCAL GOVERNMENT (Also see Counties; Municipalities) Airport Operations Board; local government; transfer of authority............................. SB 390 Alcoholic Beverages; Sunday package sales................................................................ SB 300 Annexation; certain counties; repeal provisions ........................................................HB 1321 Assistant District Attorneys; retirement; prior service credit....................................... SB 318 Bail Bondsmen; allow service as certain elected officials .........................................HB 1086 Boards of Education; local; unexpired term; special election; fill vacancy ................. SB 391 Bonds; cap issuance; definitions; Georgia State Finance/Investment Commission.................................................................................................................. SB 515 Bryan County; homestead exemption; urge board of commissioners to adopt .......... SR 1051 Building Codes; state minimum codes; delete obsolete provisions; redefine .............. SB 550 Building Permit; counties/municipal corporations; notice of contemplated use................................................................................................................................. SB 519 Building Permits Through Certain Electronic Media; application; payments ............... SB 39 Emergency Management Employees, "911" Operators and Dispatchers; indemnification............................................................................................................. SR 213

1833

3740

INDEX

Limitation on State Taxation, Spending, and New or Expanded Activities; revenue limits; excess revenues; emergencies ............................................................. SR 163 Sales Tax on Motor Fuel; proceeds for local assistance road programs ...................... SR 159 Cable Television Systems; customer service requirements; enforcement.................... SB 220 Carbon Sequestration Registry Act; provide information system of registry............... SB 356 Cities of 300,000 or More; repeal recreating state courts of limit jurisdiction ............ SB 497 Community Greenspace Preservation; definitions; land use as cemetery.................... SB 505 Comprehensive Planning and Service Delivery; local government; amend definition ....................................................................................................................HB 1559 Conform Code; references to House and Senate committee names.............................HB 846 Controlled Substances; regulate opioid treatment; dangerous drug; change provisions ..................................................................................................................... SB 502 Counties/Municipal Corporations; resettlement of refugees; general provision....................................................................................................................... SB 399 County Law Libraries; board of trustees; DA membership; use of collected funds ............................................................................................................................... SB 83 County; joint development authority; tax credit for businesses in those counties......................................................................................................................... SB 444 Drug-Free Commercial Zones; counties, municipalities; Community Affairs Department ................................................................................................................... SB 567 Election; qualifying fees; county officials; calculation................................................ SB 153 Electric Utilities; eminent domain proceedings; Transmission Facility Siting Act; Electric Utility Infrastructure Planning Study Committee ................................... SB 359 Emergency "911" Systems; joint authorities; intergovernment contracts..................HB 1746 Emergency Management Employees, "911" Operators or Dispatchers; indemnification............................................................................................................. SB 218 Ethics in Government; comprehensive revisions of provisions ................................... SB 517 Georgia Community Streetcar Development/Revitalization; streetcar transportation................................................................................................................ SB 516 General Obligation Bonds; authorize issuance bearing interest at variable rate ................................................................................................................................ SB 514 Georgia Minimum Wage Law; preempt certain wages/benefit; define terms ............. SB 495 Georgia Municipal Training Act; clarify training of municipal clerks ........................ SB 421 Graffiti; compensation to property owners; use of inmate labor to remove graffiti from private property ....................................................................................... SB 313 Graffiti; criminal damage to property; programs for compensating owners, innocent victims ........................................................................................................... SB 312 Hotel-Motel Tax; create review board; amend certain provisions .............................HB 1415 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders .................................................................... SB 102 Industry, Trade and Tourism Department; acquire personal property; general provisions ..................................................................................................................... SB 531

1834

3741

INDEX

Kemp, DeLoach, Williams County Tax Relief Act; Liberty county; homestead exemption for county purposes .................................................................. SB 601 License Plates; state and local government vehicles; permanent plates ....................HB 1743 Licensed Physicians; volunteering for state, county, etc.; immune from liability.......................................................................................................................... SB 408 Local Government Cable Fair Competition Act of 1999; amend ................................ SB 445 Local Government or Board of Education; contracts; bid opportunity advertisements; Georgia Procurement Registry ........................................................... SB 342 Local Government; incorporation of villages; definitions; procedures ....................... SB 605 Local Government; internet request for proposals, notice of a pre-bid conference; contract/bid requirements ......................................................................... SB 365 Local Government; service delivery; coordinated/comprehensive planning ................. SB 35 Local Governments; annual audits; service delivery; change certain amounts and definitions ..............................................................................................................HB 666 Municipal Corporate Boundaries; minimum distance requirements.............................. SB 42 Municipal Corporations; lease property to nonprofit corporations; recreation ..........HB 1565 Municipal Courts; collection of delinquent fines, costs; enforcement ........................ SB 163 Municipalities; lease property to certain nonprofit corporation...................................HB 423 Nuisance Abatement Liens; collection procedures; foreclosures................................. SB 182 Poll Officers; residents of the county/municipality served; remove requirements ................................................................................................................. SB 534 Private Probation Services; local governments; agreements......................................HB 1567 Public Roads; limitations on power to contract; design-build; provide exception ...................................................................................................................... SB 553 Public Works; prohibit state from requiring contractor to labor agreement ................ SB 599 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ...................................................... SB 273 Railroads; maintenance of grade crossings; provisions ............................................... SB 585 Redevelopment; authorize Governor by executive order to establish commissions ................................................................................................................. SR 858 Redevelopment; tax allocation districts; amend certain provisions ...........................HB 1510 Revenue Bonds; issuance of obligations; change certain provisions ........................... SB 274 Revenue Bonds; redefine undertaking; remove certain referendum requirement...................................................................................................................HB 689 Sales Tax; dealers' returns; retail sales tax data by location of sale ............................. SB 107 Septic Tank Waste; disposal sites; handling facilities.................................................. SB 176 Service Delivery; exemptions from the definition of local government ...................... SB 592 Service Delivery; funding; comprehensive provisions...............................................HB 1714 Timely Payments for Goods and Services; local governments and boards of education; failing to comply.......................................................................................HB 1304 Tire Scrap Disposal/Storage; county/municipality enforce ordinance ......................... SB 348 Victim Assistance Programs; local; county commission; fines; penalty...................... SB 565 Voting Precincts; boundaries; gated community or planned unit development.........HB 1228

1835

3742

INDEX

War on Terrorism Local Assistance Act; enact............................................................HB 595
LOCAL GOVERNMENT; CONTRACTING AND PUBLIC WORKS BIDDING Local Government; internet request for proposals, notice of a pre-bid conference; contract/bid requirements ......................................................................... SB 365 Public Roads; limitations on power to contract; design-build; provide exception ...................................................................................................................... SB 553 Public Works; prohibit state from requiring contractor to labor agreement ................ SB 599
LOCAL OPTION SALES TAX Local Sales Tax; special county 1 percent sales tax; water and sewer projects.........HB 1612 State and Local Taxation, Financing, and Service Delivery Revision Act of 2004; enact ...................................................................................................................HB 709
LONG COUNTY Long County; probate judge; time of nonpartisan elections ........................................ SB 371
LOTTERY FOR EDUCATION Lottery Proceeds; operating expenses of lottery; educational programs...................... SR 678 HOPE Scholarships; eligibility; amend provisions ....................................................HB 1325 HOPE Scholarships; eligibility; schools with certain accreditation...........................HB 1011 HOPE Scholarships; Georgia Student Finance Commission; reporting system; definitions........................................................................................................ SB 520 HOPE Scholarships; method of eligibility; adopt reporting system; definitions..................................................................................................................... SB 471 HOPE Scholarships; private colleges; certain part-time eligibility..............................HB 341 Lottery Corporation; legislative oversight committee; conform committee references ...................................................................................................................HB 1117 Lottery Technology Joint Study Committee; create..................................................... SR 907 Lottery; online ticket sales; establish Georgia Peach Account ..................................HB 1272
LOWNDES COUNTY Lowndes County Public Facilities Authority; create..................................................HB 1661 Public Property; conveyances....................................................................................... SR 652
LUMPKIN COUNTY Designate; Dean Bryant Intersection; Lumpkin County ................................................ SR 23 Hidden Lake Academy; Lumpkin County; commend.................................................. SR 966 Lumpkin County; homestead exemption; certain residents .......................................HB 1084
LYERLY, CITY OF Lyerly, City of; homestead exemption; certain residents ...........................................HB 1705

1836

3743

INDEX

M
MACON COUNTY Macon County; board of commissioners; election of members; revise districts ......................................................................................................................... SB 276 Macon County; board of education; election of members; revise districts .................. SB 275 Macon County; board of elections and registration; create.......................................... SB 369 Macon County; commissioner districts; reapportion .................................................HB 1351 Macon County; education districts; reapportion ........................................................HB 1350
MACON, CITY OF Macon, City of; board of water commissioners; amend pension plan .........................HB 987 Macon, City of; community improvement districts; provisions.................................HB 1786
MADISON COUNTY Madison County; 2002 Amendatory Act; provide manner/time of election for board members ............................................................................................................. SB 628 Madison County; 2002 Amendatory Act; revise the numbering of education districts ......................................................................................................................... SB 587
MADISON, CITY OF Madison; drug-free commercial zones; adopt on February 9, 2004............................. SB 602
MAGISTRATE COURTS Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders .................................................................... SB 102 Magistrates Retirement Fund; create............................................................................HB 618
MALT BEVERAGES Alcoholic Beverages; redefine malt beverage..............................................................HB 645
MARIETTA, CITY OF Marietta, City of; homestead exemption; disabled residents......................................HB 1832
MARIJUANA Drug Trafficking Prevention Act; prosecute a person for trafficking.......................... SB 284
MARINE RESOURCES; EXTENSION CENTERS; OCEANOGRAPHIC RESEARCH CENTER
Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431

1837

3744

INDEX

MARION COUNTY Marion County; commissioner districts; reapportion.................................................HB 1611
MARRIAGE AND FAMILIES (Also see Domestic Relations) Marriage; no union between same sex is recognized by the state................................ SR 595 Marriage; application of license; State Office of Vital Records; revisions ................. SB 478 Premarital Counseling; financial incentive; marriage licenses ..................................HB 1451
MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) Airports Receiving State Financial Assistance; certain repayment..............................HB 886 Funds for Public Roads; allocation; balancing federal/state funds between congressional districts; percentage............................................................................... SB 110 MARTA; board of director; selected voting member of metro regional development center....................................................................................................... SB 384 Mass Transportation Service; increase limit of state funds..........................................HB 263 Public Transit; buses, rapid rail cars, stations; allow bottled water .............................HB 778 Public Transportation Funds; allocation among congressional districts ........................ SB 79 Public Transportation Funds; expenditures; state/federal funds remove ..................... SB 127
MASS TRANSPORTATION Airports Receiving State Financial Assistance; certain repayment..............................HB 886 Mass Transportation Service; increase limit of state funds..........................................HB 263 Public Roads; classification; change provisions of definitions.................................... SB 450 Public Transit; buses, rapid rail cars, stations; allow bottled water .............................HB 778 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ...................................................... SB 273
MASSEURS, MASSAGE Georgia Massage Therapy Practice Act; add new chapter; regulation, licensure........................................................................................................................ SB 551
MCDUFFIE COUNTY Deer Hunting; unlawful hunt within certain vicinity of feeds; certain counties .......... SB 328
MCINTOSH COUNTY McIntosh County; education districts; reapportion ......................................................HB 949
MEAT INSPECTION Meat, Poultry, Seafood; mobile sale vehicles; license expiration ..............................HB 1234
MEDICAL ASSISTANCE AND MEDICAID Nursing Homes; influenza and pneumococcal vaccinations; offer patients annually ......................................................................................................................HB 1709

1838

3745

INDEX

MEDICAL OR SURGICAL TREATMENT; CONSENT Childhood Vaccination Registry; include all persons from birth to death .................HB 1526 Woman's Right to Know Act; Medical Consent Law; abortion procedures; 24 hour waiting period following disclosure.................................................................. SB 23
MENS HEALTH, COMMISSION ON Commission on Men's Health; presiding officer; term ..................................................HB 45 Health, Education, and Social Services; certain boards and councils; amend provisions ...................................................................................................................HB 1266
MENTAL HEALTH Assisted Living Facilities; define and provide new category....................................... SB 422 Community Service Boards; retirees; prohibit re-employment; exception ................HB 1568 Death Investigations; patients receiving compensated care in facilities licensed by DHR........................................................................................................... SB 111 Death Investigations; persons receiving "compensated care"; notification ................. SB 285 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 Long-Term Care Services; in-home and community based care; consumer choice and control; Independence Plus Act ................................................................. SB 170 Medicaid; prior authorization/restriction on medication; prohibit ............................... SB 447 Mental Illness and Suicide in Youth; urge screening of children and adolescents....................................................................................................................HR 563 Natural Gas; discontinuing service to persons age 65 or disabled; prohibit during winter heating season........................................................................................ SB 185 Prescription Drugs; Medicaid patients; prior authorization; prohibit requirement................................................................................................................... SB 539
MENTAL HEALTH; ADMINISTRATION Community Service Boards; retirees; prohibit re-employment; exception ................HB 1568 State Employees' Health Insurance; certain community service retirees .....................HB 594

MENTAL HEALTH; MENTAL ILLNESS; EXAMINATION, TREATMENT Medicaid; prior authorization/restriction on medication; prohibit ............................... SB 447 Prescription Drugs; Medicaid patients; prior authorization; prohibit requirement................................................................................................................... SB 539 Woman's Right to Know Act; Medical Consent Law; abortion procedures; 24 hour waiting period following disclosure.................................................................. SB 23
MENTALLY RETARDED Natural Gas; discontinuing service to persons age 65 or disabled; prohibit during winter heating season........................................................................................ SB 185

1839

3746

INDEX

MENTALLY RETARDED; HABILITATION Assisted Living Facilities; define and provide new category....................................... SB 422
MERIT SYSTEM (Also see Public Officers and Employees) Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431 Ethics; conflicts of interest; code of ethics for government service; lobbying, nepotism, gifts, campaign contributors; comprehensive revisions............................... SB 108 Fraud, Waste, Abuse in State Operations; whistle blower; prohibit retaliation ...........HB 708 School Readiness; change name to Bright from the Start; revise ................................ SB 456 State Employees Salaries; federated charitable organizations; welfare services ......................................................................................................................... SB 584
MERIWETHER COUNTY Public Property; conveyance; grant utility easements; 13 counties.............................. SR 651 Public Property; conveyances....................................................................................... SR 652
METTER, CITY OF Metter, City of; mayor and city manager; powers and duties.....................................HB 1828
MILITARY AFFAIRS; DEPARTMENT OF DEFENSE Ad Valorem Tax; member of armed forces; time extensions....................................... SB 393 Adjutant General; appoint officers as deputy assistant adjutants general .................... SB 496 Income Taxes; jobs tax credits; designation of counties as less developed areas; business closings in areas comprising military bases .......................................... SB 11 Sales Tax Exemption; wax and dies used by military ................................................HB 1105 Unemployment Benefits; eligibility; military transfer of spouse .................................HB 117 Vehicle Liability Insurance; cancellation by active duty military personnel on foreign assignment .................................................................................................. SB 280
MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS Ad Valorem Tax; member of armed forces; time extensions....................................... SB 393 Adjutant General; appoint officers as deputy assistant adjutants general .................... SB 496 Drivers' Licenses; applications; use of military identification card ............................. SB 262 Georgia Emergency Operations Plan; unified incident command system; training emergency response personnel........................................................................ SB 243 Georgia War Veterans Nursing Home Trust Fund; create; special plates ...................HR 614 Governor; emergency powers; repeal certain powers relating to firearms..................... SB 92 Health Insurance; state employees no longer covered by federal insurance plan ............................................................................................................................... SB 282 Holland, Christopher J.; U.S. Army Specialist; honoring ............................................ SR 572 Hunting and Fishing; honorary licenses; disability certification................................HB 1608

1840

3747

INDEX

Income Taxes; jobs tax credits; designation of counties as less developed areas; business closings in areas comprising military bases .......................................... SB 11 Judicial Emergency Act of 2004; enact......................................................................HB 1450 Prestige and Special License Plates; veterans awarded Purple Heart; no charge ........................................................................................................................... SB 120 Regulatory Reform Act; rule making by Department of Community Health .............. SB 361 Sales Tax Exemption; wax and dies used by military ................................................HB 1105 Special License Plates; Medal of Honor; surviving spouse retain .............................HB 1253 Tort Immunity; federal smallpox vaccination program; hospitals, health care providers....................................................................................................................... SB 336 Vehicle Liability Insurance; cancellation by active duty military personnel on foreign assignment .................................................................................................. SB 280 Veterans' Homes; executive directors; appointment ..................................................HB 1390
MILLER COUNTY Pataula Judicial Circuit; change certain terms of court..............................................HB 1373
MINERAL RESOURCES AND CAVES Environmental Policy; regulatory decisions; publication requirements....................... SB 172
MINORITY REPORT; filed on HB 1028................................................................Page 1843
MINORS Aaron Cohn Regional Youth Detention Center; designate ........................................HR 1530 Abandoned Child Protection Act; newborns left at medical facilities; penalty ........... SB 186 Abortion; proper identification to physician; minor's parent or guardian .................... SB 240 Adoptions/Child-Placing Agencies; records access; birth records; practices ................ SB 55 Aggravated Child Molestation; court discretion of convicted persons; punishment ................................................................................................................... SB 620 American Heritage in Education Act; writings posted in public school building......................................................................................................................... SB 394 Charter Schools Act; virtual charter schools; provide construction............................. SB 203 Charter Schools; funding; facilities fund; surplus property; bulk purchasing.............. SB 216 Child Abuse Records; prohibited disclosure when criminal action is pending............ SB 199 Child Care Facilities; liability insurance coverage......................................................... SB 24 Child Custody or Visitation Orders; notices; relocation or change of residence......................................................................................................................... SB 16 Child Custody; right of children; selection of custodial parent; certain ages .............. SB 326 Child Placement; adoption petition; time limit requirement ......................................HB 1322 Child Sexual Exploitation; unlawful acts involving computer pornography; change penalties ........................................................................................................... SB 124 Child Support; computation of award, guidelines, income deduction orders ................ SB 17

1841

3748

INDEX

Child Welfare Agencies; child care products; recall notices; provide information ................................................................................................................... SB 546 Child Welfare Agencies; recall notices on unsafe products; provide; certain records checks; amend provisions..............................................................................HB 1347 Childhood Obesity in Georgia; Senate Study Committee; create ................................ SR 960 Children; prohibit the sale or offer for sale of a child by parent or guardian............... SB 281 Children's Internet Protection Act; safety policies in schools, libraries; conditional funding for computers ................................................................................. SB 52 Children's Vision Improvement/Learning Readiness Act; eye exams for children entering first grade ......................................................................................... SB 242 Cigarettes/Tobacco Products; prohibit possession by minors; exceptions...................HB 653 College Students; vaccination against meningococcal meningitis............................... SB 266 Crime; female genital mutilation; punishment; exceptions.......................................... SB 418 Crimes; opening certain accounts using minor's social security number; define offense .............................................................................................................HB 1285 Criminal Prosecution For Offenses Against Minor Children; pleas .............................. SB 21 Cruelty to Children; crime of endangerment; sexual abuse; prosecution....................... SB 10 Cruelty to Children; endangering a child in the second degree; criminal negligence......................................................................................................................... SB 1 Cruelty to Children; redefine; criminal negligence, serious injury; penalties.............. SB 467 Cruelty to Children; second degree; nonmerger provision.........................................HB 1229 Divorce; grounds; extend time frame; effect of legal separation on children; statistics ........................................................................................................................ SB 298 Drivers' Licenses; certain suspension; limited driving permits....................................HB 185 Education; bullying by students; amend provisions ...................................................HB 1125 Education; provide state-wide uniform violent incident reporting system .................. SB 622 Fireworks; sale of sparklers to persons under 16 years; prohibitions .......................... SB 131 Foster Parents Bill of Rights; enact............................................................................HB 1580 Georgia Schools; promote health education/physical activity ..................................... SR 578 Home Study Programs; qualifications of tutors .........................................................HB 1428 HOPE Scholarship Tuition Grants; change residency requirements............................ SB 287 HOPE Scholarship Tuition Grants; eligible part-time students ................................... SB 286 Internet Child Pornography Prevention Act; violations by internet service providers....................................................................................................................... SB 232 Internet/Computer Safety Act; enact; offenses relating to internet contact with a child ................................................................................................................... SB 103 Interscholastic or Intramural Extracurricular Athletic Policy; provisions .................HB 1626 Jury Duty; exempt certain caregivers and home school teachers ...............................HB 1227 Juvenile Court Judges; compensation from state funds; adjustment............................HB 502 Juvenile Justice Reform; training programs; pretrial proceedings; indictment..........HB 1299 Juvenile Proceedings; certain conviction; termination of parental rights ..................HB 1632 Juvenile Proceedings; deprived children; order of disposition; time period ................ SB 148 Juvenile Proceedings; juvenile court jurisdiction; change age...................................HB 1418

1842

3749

INDEX

Levi's Call; exempt broadcasters from civil liability; conditions and limitation ...................................................................................................................... SB 400 Medicaid; managed health care; medically necessary health care pilot program ........................................................................................................................ SB 315 Mental Illness and Suicide in Youth; urge screening of children and adolescents....................................................................................................................HR 563 Nurses, Advanced Practice Registered; prescriptive authority ...................................... SB 36 Parental Leave Act; enact...........................................................................................HB 1058 Persons Supervising Children; criminal background checks; National Crime Information Center .......................................................................................................HB 316 Prepaid Adult Cards; prohibit sale, distribution to minors; penalties .......................... SB 606 Prostitution, Pimping or Pandering; keeping a place for; penalties ............................... SB 77 Public Records Disclosure; minors; redact identifying information ..........................HB 1358 Public School Speech-Language Pathologists and Audiologist; salaries; national certification..................................................................................................... SB 268 Public School Systems; purchasing contracts and bid price regulations; electronic means ........................................................................................................... SB 294 Public Schools; time period for students to express personal religious beliefs ............. SB 90 Public Schools; uniform school disciplinary policy..................................................... SR 889 Sales Tax Exemption; nonprofit organizations providing child services...................HB 1744 School Bus Drivers; annual mandatory training; equipment; safety procedures; 'Aleana's Law' ........................................................................................... SB 143 Seat Belts; child restraints; change age ........................................................................HB 217 Sexual Offender Registry; first offenders; change registration requirements............HB 1093 Smoking in Motor Vehicle with Child in Car Seat; define offense ...........................HB 1138 Student Achievement, Office of; create; comprehensive revisions regarding education accountability............................................................................................... SB 248 Student Code of Conduct; bullying behavior; incidents reported to Education Department ................................................................................................................... SB 476 Students Committing Prohibited Acts; parents notified by school principal ............... SB 598 Students in Home Study Programs; extracurricular programs in public schools; requirements ................................................................................................... SB 210 Teacher-Student Ratios; provide maximum student-teacher ratios.............................. SR 660 Torts; health care providers in emergency conditions; provide limited liability.......................................................................................................................... SB 432 Truancy Enforcement Act; school attendance; obtaining/maintaining permit............. SB 392 Uniform Rules; leaving child unattended in car; fine ................................................HB 1035 Vital Records; birth certificate in legitimations, paternity, adoptions ......................... SB 263 Workers' Compensation; certain claimants; appointment of guardian; settlements ..................................................................................................................HB 1278
MITCHELL, TOWN OF Mitchell, Town of; new charter..................................................................................HB 1818

1843

3750

INDEX

MOBILE HOMES Uniform Standards Code for Manufactured Homes Act; enact .................................HB 1174
MOBILE TELEPHONES Emergency "911" Systems; joint authorities; intergovernment contracts..................HB 1746 Public Service Corporations/Utilities; increase certain fees ......................................HB 1354
MONROE COUNTY Deer Hunting; unlawful hunt within certain vicinity of feeds; certain counties .......... SB 328
MOPEDS OR BICYCLES Traffic Offenses; certain right of way violations; penalties.......................................HB 1155
MORGAN COUNTY Morgan County; board of education; compensation ..................................................HB 1217
MORTGAGES, LIENS, AND SECURITY Fair Lending Act; amend provisions; Department of Banking and Finance, authority to regulate........................................................................................................ SB 28 Liens; treatment, board, or care of animals; change provisions...................................HB 941 Motor Vehicles; abandoned; liens; specify the conditions........................................... SB 404 Perfection of Hospital, Nursing Home, Physician Practice, and Traumatic Burn Care Medical Practice Liens; causes of action liens; change certain provisions ...................................................................................................................HB 1303 Revenue Laws; erroneous tax lien; correction provisions..............................................HB 58
MOTOR CARRIERS Motor Carriers; certain "911" service; vehicles and loads; amend provisions ..........HB 1248 Motor Vehicles; identification rules; comply with federal provisions.......................HB 1243 Theft; certain offenses involving commercial vehicles; penalties; fines ...................HB 1456
MOTOR FUEL AND ROAD TAX Motor Fuel/Road Taxes; change certain definitions ...................................................... SB 67 Sales/Motor Fuel Taxes; dealers and distributors; amend provisions........................HB 1459 State Public Transportation Fund; priority of expenditures and allocation of funds ...........................................................................................................................HB 1295
MOTOR VEHICLE ACCIDENT REPARATIONS Motor Vehicle Insurance; advance payment requirements ........................................HB 1499 Surcharges for Certain Public Safety Employees; remove certain limitations.............HB 547
MOTOR VEHICLE SAFETY, DEPARTMENT OF Drivers' Licenses; suspension; certain time period ....................................................HB 1274

1844

3751

INDEX

Ignition Interlock Device Providers Act; enact..........................................................HB 1162 Motor Vehicles; identification rules; comply with federal provisions.......................HB 1243 Tax Collectors/Commissioners; creditable training ...................................................HB 1391
MOTOR VEHICLES AND TRAFFIC Ad Valorem Tax; motor vehicles; exempt Medal of Honor recipients......................HB 1656 Ad Valorem Tax; motor vehicles; exempt veterans organizations ..............................HB 626 Ad Valorem Tax; motor vehicles; return in county where located ..............................HB 834 Arson or Explosives Used During Commission of a Felony; penalties ....................... SB 184 Special License Plates Promoting Charitable Organizations, Foundations ................. SR 262 Carbon Sequestration Registry Act; provide information system of registry............... SB 356 Civil Actions; habeas corpus procedures; statute of limitations; filing petitions, jurisdiction .................................................................................................... SB 337 Conform Code; references to House and Senate committee names.............................HB 846 Counties; private trespass towing; licenses ................................................................HB 1150 Crimes Against Person; redefine feticide; punishment for offense.............................. SB 474 Cullum's Law; certain vehicles/highways; provide maximum speed limit .................. SB 462 Disabled Persons; redefine; temporary parking permits ............................................HB 1176 Drivers' Licenses and Training; vehicle insurance lapse fees; truck identification standards; administrative procedure.....................................................HB 1168 Drivers' Licenses/Auto Insurance; forms of ID for noncitizens from FTAA member countries ......................................................................................................... SB 181 Drivers' Licenses; applications; use of military identification card ............................. SB 262 Drivers' Licenses; certain suspension; limited driving permits....................................HB 185 Drivers' Licenses; class D/instruction permits; use of cellphones; prohibit................. SB 621 Drivers' Licenses; not same as social security/ identification card .............................. SB 564 Drivers' Licenses; suspension; certain time period ....................................................HB 1274 Drivers' Licenses; suspension; nonresidents; prescribed forms .................................HB 1177 DUI; prohibitions, punishment; revise and harmonize provisions................................. SB 75 Employees' Retirement; law enforcement personnel; enhanced benefits; age and service.................................................................................................................... SB 212 Environmental Policy; regulatory decisions; publication requirements....................... SB 172 Excise Taxes; rental motor vehicles; change definitions ............................................... SB 60 Georgia War Veterans Nursing Home Trust Fund; create; special plates ...................HR 614 Georgia's Transportation Needs, Study Committee; create.......................................... SR 422 Handicapped Parking; enforcement; change provisions .............................................. SB 302 Highways; billboards; repeal tree trimming permits; change provisions to Roadside Enhancement and Beautification Council .................................................... SB 334 Ignition Interlock Device Providers Act; enact..........................................................HB 1162 Ignition Interlock Devices; limited driving permits; revocation; provisions .............HB 1158 License Plates for Motorcycles; provide for veterans awarded Purple Heart .............. SB 470 License Plates, Special; promote organ/tissue donation organizations........................ SB 542 License Plates; disabled veteran; vehicle owned by certain trust.................................HB 611

1845

3752

INDEX

License Plates; historic preservation; promote/financially provide for Georgia ......................................................................................................................... SB 407 License Plates; prestige/special; honoring Masons; donating revenue to charities ........................................................................................................................ SB 279 License Plates; special; "Share the Road" message ..................................................... SB 283 License Plates; special; Global War on Terrorism veterans; conditions...................... SB 479 License Plates; special; Omega Psi Phi Fraternity; provide conditions ....................... SB 463 License Plates; state and local government vehicles; permanent plates ....................HB 1743 Meat, Poultry, Seafood; mobile sale vehicles; license expiration ..............................HB 1234 Motor Vehicle for Certain Warden; repeal provisions.................................................HB 340 Motor Vehicle Insurance; advance payment requirements ........................................HB 1499 Motor Vehicle License Fees, Classes, Restricted Plates; amend provisions..............HB 1087 Motor Vehicle License; fees and classes of agricultural vehicles; definitions .............. SB 59 Motor Vehicle; certificate of title; fraudulent acts; penalties....................................... SB 299 Motor Vehicles; abandoned; liens; specify the conditions........................................... SB 404 Motor Vehicles; certificate of registration/title; change certain provisions................. SB 461 Motor Vehicles; certificates of title; payment of sales tax...........................................HB 560 Motor Vehicles; identification rules; comply with federal provisions.......................HB 1243 Motor Vehicles; operate in left lane of public road/highway with four lanes.............. SB 609 Motor Vehicles; racial profiling; prohibit ..................................................................HB 1327 Motor Vehicles; red or blue lights; restrictions; exemptions .....................................HB 1287 Motor Vehicles; removal of vehicles in traffic accidents from all public roads .......... SB 525 Motor Vehicles; traffic offenses; conviction notification ..........................................HB 1159 Motor Vehicles; used parts dealers' registration; redefine rebuilder............................ SB 357 Motorized Cart; redefine; amend provisions..............................................................HB 1063 Motorized Carts; change definition and provisions ..................................................... SB 398 Offense of Fleeing a Pursuing Police Vehicle or Police Officer; punishment............. SB 188 Offense of Fleeing or Attempting to Elude a Police Officer; penalties ....................... SB 297 Prestige/Special License Plates; veterans awarded Purple Heart; no charge ............... SB 120 Property Involved With Illegal Drug Activities; enhanced penalties........................... SB 324 Public Accommodations; not exclude motorcyclist from access to or admission; violations; damages.................................................................................... SB 139 Rules of the Road; buses/motorcoaches; HOV lanes; exception ................................. SB 489 Rules of the Road; motor vehicles; use/installation of tv receivers; prohibit .............. SB 506 Rules of the Road; Parking Law for Persons with Disabilities; redefine terms ........... SB 481 Sales/Motor Fuel Taxes; dealers and distributors; amend provisions........................HB 1459 School Attendance Requirements; driver's license; change penalties.......................... SB 428 School Bus Drivers; annual mandatory training; equipment; safety procedures; 'Aleana's Law' ........................................................................................... SB 143 Seat Belts; child restraints; change age ........................................................................HB 217 Sheriffs Engaging in Certain Businesses; violation of oath of office ..........................HB 415 Smoking in Motor Vehicle with Child in Car Seat; define offense ...........................HB 1138 Special License Plates; General Assembly; change certain provisions......................HB 1588

1846

3753

INDEX

Special License Plates; Medal of Honor; surviving spouse retain .............................HB 1253 Special License Plates; retired reservists or National Guard members........................HB 274 Special License Plates; revenue dedication; certain nonprofit organizations ............HR 1322 Special License Plates; Rotary International; Girl Scouts U.S.A...............................HB 1549 Stopping of Motorist by Law Enforcement; probable cause; racial profiling restrictions; officer training............................................................................................ SB 95 Student Achievement, Office of; create; comprehensive revisions regarding education accountability............................................................................................... SB 248 Surcharges for Certain Public Safety Employees; remove certain limitations.............HB 547 Theft; certain offenses involving commercial vehicles; penalties; fines ...................HB 1456 Traffic Control Device Preemption Emitters; prohibition .........................................HB 1113 Traffic Control Signal Monitoring Devices; prohibit recording image of driver ..........................................................................................................................HB 1268 Traffic Offenses; certain right of way violations; penalties.......................................HB 1155 Traffic; speed-monitoring systems; measure speed/produce photograph; penalty .......................................................................................................................... SB 603 Truancy Enforcement Act; school attendance; obtaining/maintaining permit............. SB 392 Truck/Highway Safety; Senate Study Committee; create .......................................... SR 1027 Uniform Rules of Road; video screens visible to motor vehicle operator; prohibit ......................................................................................................................... SB 623 Uniform Rules; leaving child unattended in car; fine ................................................HB 1035 Used Car Dealers; surety bond .....................................................................................HB 585 Vehicle Liability Insurance; cancellation by active duty military personnel on foreign assignment .................................................................................................. SB 280 Vehicles Stopped by Law Enforcement During Nighttime Hours; driver and passengers remain in vehicle............................................................................................ SB 6 Vehicular Homicide in the Second Degree; change provisions ................................... SB 227
MOTOR VEHICLES AND TRAFFIC; ACCIDENT REPORTS, PROOF OF FINANCIAL RESPONSIBILITY Drivers' Licenses; suspension; nonresidents; prescribed forms .................................HB 1177
MOTOR VEHICLES AND TRAFFIC; EQUIPMENT AND INSPECTION Motor Vehicles; identification rules; comply with federal provisions.......................HB 1243 Motor Vehicles; operate in left lane of public road/highway with four lanes.............. SB 609 Motor Vehicles; red or blue lights; restrictions; exemptions .....................................HB 1287 School Bus Drivers; annual mandatory training; equipment; safety procedures; 'Aleana's Law' ........................................................................................... SB 143 Seat Belts; child restraints; change age ........................................................................HB 217
MOTOR VEHICLES AND TRAFFIC; GENERAL PROVISIONS Income Taxes; jobs tax credits; designation of counties as less developed areas; business closings in areas comprising military bases .......................................... SB 11

1847

3754

INDEX

Motor Vehicles; racial profiling; prohibit ..................................................................HB 1327 Motorized Cart; redefine; amend provisions..............................................................HB 1063 Motorized Carts; change definition and provisions ..................................................... SB 398 Stopping of Motorist by Law Enforcement; probable cause; racial profiling restrictions; officer training............................................................................................ SB 95
MOTOR VEHICLES AND TRAFFIC; TITLE, SECURITY INTERESTS AND LIENS
Motor Vehicles; certificate of title; fraudulent acts; penalties ..................................... SB 299 Motor Vehicles; certificate of registration/title; change certain provisions................. SB 461 Motor Vehicles; certificates of title; payment of sales tax...........................................HB 560 Motor Vehicles; used parts dealers' registration; redefine rebuilder............................ SB 357
MOTOR VEHICLES AND TRAFFIC; TRAFFIC OFFENSES; PROSECUTION Civil Actions; habeas corpus procedures; statute of limitations; filing petitions, jurisdiction .................................................................................................... SB 337
MOTORCYCLES Crimes Against Person; redefine feticide; punishment for offense.............................. SB 474 License Plates for Motorcycles; provide for veterans awarded Purple Heart .............. SB 470 Public Accommodation; prohibit discrimination against motorcyclists......................... SB 74 Public Accommodations; not exclude motorcyclist from access to or admission; violations; damages.................................................................................... SB 139 Traffic Offenses; certain right of way violations; penalties.......................................HB 1155
MUNICIPALITIES Annexation; certain counties; repeal provisions ........................................................HB 1321 Business and Occupation Tax; certain construction permits; mail or electronic means .........................................................................................................HB 1598 Limitation on State Taxation, Spending, and New or Expanded Activities; revenue limits; excess revenues; emergencies ............................................................. SR 163 Comprehensive Planning and Service Delivery; local government; amend definition ....................................................................................................................HB 1559 County School Superintendents; employment contract; publication .........................HB 1123 Education; bullying by students; amend provisions ...................................................HB 1125 Election Superintendent; office to remain open until ballots are counted ...................HB 114 Elections; direct recording electronic voting systems; amend provisions....................HB 427 Electronic Textbooks; make available to local boards, schools, and students .............HB 363 Employees' Retirement and Judicial Retirement; certain membership; creditable service..........................................................................................................HB 923 Fraud, Waste, Abuse in State Operations; whistle blower; prohibit retaliation ...........HB 708 Georgia Municipal Training Act; clarify training of municipal clerks ........................ SB 421 Hotel-Motel Tax; create review board; amend certain provisions .............................HB 1415

1848

3755

INDEX

Jail Booking Fees; operates a jail and pretrial detention facility; imposition, collection in traffic court .............................................................................................. SB 269 Joint County and Municipal Sales Tax; 2% levy by consolidated governments .................................................................................................................HB 287 License Plates; state and local government vehicles; permanent plates ....................HB 1743 Local Boards of Education; certain benefits; authorize funds .....................................HB 328 Local Government or Board of Education; contracts; bid opportunity advertisements; Georgia Procurement Registry ........................................................... SB 342 Local Government; service delivery; coordinated/comprehensive planning ................. SB 35 Local Governments; annual audits; service delivery; change certain amounts and definitions ..............................................................................................................HB 666 Local Sales Tax; special county 1 percent sales tax; water and sewer projects .........HB 1612 Minimum Wage Mandates by Local Governments; preemption; exceptions ............HB 1258 Municipal Corporate Boundaries; minimum distance requirements.............................. SB 42 Municipal Corporations; lease property to nonprofit corporations; recreation ..........HB 1565 Municipal Courts; pretrial intervention and diversion programs .................................HB 821 Municipalities; lease property to certain nonprofit corporation...................................HB 423 Nuisance Abatement Liens; collection procedures; foreclosures................................. SB 182 Perpetrators of Felonies; local government rewards; remove limitation .....................HB 359 Private Probation Services; local governments; agreements......................................HB 1567 Public Property; restrooms; standards ........................................................................HB 1620 Quality Basic Education; local share funds; equalization grants; midterm adjustment ..................................................................................................................HB 1539 Railroad Crossings; elimination; petition provisions .................................................HB 1254 Revenue Bonds; redefine undertaking; remove certain referendum requirement...................................................................................................................HB 689 Sales Tax; educational purposes; local boards; performance audit..............................HB 346 Service Delivery; funding; comprehensive provisions...............................................HB 1714 State and Local Taxation, Financing, and Service Delivery Revision Act of 2004; enact ...................................................................................................................HB 709 Tire Scrap Disposal/Storage; county/municipality enforce ordinance ......................... SB 348 War on Terrorism Local Assistance Act; enact............................................................HB 595
MUNICIPALITIES; ANNEXATION Annexation; certain counties; repeal provisions ........................................................HB 1321 Municipal Corporate Boundaries; minimum distance requirements.............................. SB 42 Sales Tax; dealers' returns; retail sales tax data by location of sale ............................ SB 107 Service Delivery; funding; comprehensive provisions...............................................HB 1714
MUNICIPALITIES; INCORPORATION Local Government; incorporation of villages; definitions; procedures ....................... SB 605 Municipal Corporate Boundaries; minimum distance requirements.............................. SB 42

1849

3756

INDEX

MUNICIPALITIES; MUNICIPAL COURTS Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders .................................................................... SB 102 Municipal Courts; collection of delinquent fines, costs; enforcement......................... SB 163
MUNICIPALITIES; PROPERTY, ACQUISITION AND DISPOSITION OF Municipal Corporations; lease property to nonprofit corporations; recreation..........HB 1565 Municipalities; lease property to certain nonprofit corporation...................................HB 423
MURRAY COUNTY Murray County; homestead exemption ......................................................................HB 1666 Murray County; homestead exemption ......................................................................HB 1667
MUSCOGEE COUNTY Deer Hunting; unlawful hunt within certain vicinity of feeds; certain counties .......... SB 328 Muscogee County; school superintendent; public works construction contracts......................................................................................................................HB 1316
MUSIC Sales Tax Exemption; certain symphony halls...........................................................HB 1511
N
NATIONAL GUARD, AIR OR ARMY (Also see Military Affairs) Special License Plates; retired reservists or National Guard members........................HB 274
NATURAL GAS Natural Gas Marketers; bills; late fees .......................................................................HB 1430 Natural Gas; discontinuing service to persons age 65 or disabled; prohibit during winter heating season........................................................................................ SB 185 Public Service Corporations/Utilities; increase certain fees ......................................HB 1354 Revenue Bonds; redefine undertaking; remove certain referendum requirement...................................................................................................................HB 689 Sales/Motor Fuel Taxes; dealers and distributors; amend provisions........................HB 1459
NATURAL RESOURCES (Also see Conservation;Game and Fish; Waters) Electric Utilities; eminent domain proceedings; Transmission Facility Siting Act; Electric Utility Infrastructure Planning Study Committee ................................... SB 359 Natural Resources; conservation rangers; powers; watercraft inspection..................HB 1185 Shore Protection and Coastal Marshland Protection Committees; change membership; quorum..................................................................................................HB 1382 Soil Erosion/Sedimentation; 25 foot buffers along state waters; change provisions ..................................................................................................................... SB 460

1850

3757

INDEX

Soil Erosion Control; exemption; public roadway drainage structures........................ SB 122 Soil Erosion/Sedimentation; 25 foot buffers along state waters; change provisions ..................................................................................................................... SB 571 Water Resources; comprehensive state water planning to control pollution and surface-water use; ground-water permits; river basin plans.................................. SB 180
NEWNAN Newnan Utilities; commend ....................................................................................... SR 1192
NEWTON COUNTY Atlanta Regional Commission; certain counties; ratify partial incorporation............HR 1308
NICHOLSON, CITY OF Nicholson Water Authority; membership; compensation ..........................................HB 1571
NONPROFIT CORPORATIONS (Also see Commerce; Corporations) Bingo; fee for conducting games; increase ....................................................................HB 87 Charitable Solicitations; agent registration; amend......................................................HB 472 Municipal Corporations; lease property to nonprofit corporations; recreation..........HB 1565 Municipalities; lease property to certain nonprofit corporation...................................HB 423 Nonprofit Corporations; provide notice by electronic transmission; definitions..................................................................................................................... SB 555 Nonprofit Hospitals/Employees; liability insurance; provisions..................................HB 326 Sales Tax Exemption; nonprofit organizations providing child services...................HB 1744 Special License Plates; revenue dedication; certain nonprofit organizations ............HR 1322
NONRESIDENTS Cigar/Cigarette Taxes; increase; loose/smokeless tobacco; impose excise tax ...........HB 379 Drivers' Licenses; suspension; nonresidents; prescribed forms .................................HB 1177 Lifetime Sportsman's Licenses; certain nonresidents; provisions..............................HB 1362 Taxes; tobacco products; licensure, definitions, penalties .........................................HB 1282
NORCROSS, CITY OF Norcross, City of; change corporate limits................................................................... SB 375
NORTH CLAYTON ATHLETIC ASSOCIATION CHEERLEADERS; recognized.................................................................................................................Page 1281
NOTARIES PUBLIC Notaries Public; amend provisions; superior court fees.............................................HB 1617
NUISANCES Nuisance Abatement Liens; collection procedures; foreclosures................................. SB 182

1851

3758

INDEX

Nuisance Abatement; graffiti visible from adjoining public or private property......................................................................................................................... SB 310 Nuisances; agricultural facilities/operations; change provisions of treatment............. SB 511 Property Involved With Illegal Drug Activities; enhanced penalties........................... SB 324
NURSES Health Access Improvement Act; Advanced practice registered nurse; regulations .................................................................................................................... SB 376 Health Care Protection Act; health care licensing violations; penalties ...................... SB 162 Nurses, Advanced Practice Registered; prescriptive authority ...................................... SB 36 Nursing Homes; one nurse in charge of nursing activities; regulate............................ SB 417 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133 Torts; immunity; medical or forensic examiners of sexual assault victims ................... SB 25
NURSING HOMES Death Investigations; persons receiving "compensated care"; notification ................. SB 285 Georgia War Veterans Nursing Home Trust Fund; create; special plates ...................HR 614 Health Care Protection Act; health care licensing violations; penalties ...................... SB 162 Long-Term Care Services; in-home and community based care; consumer choice and control; Independence Plus Act ................................................................. SB 170 Nursing Homes; influenza and pneumococcal vaccinations; offer patients annually ......................................................................................................................HB 1709 Nursing Homes; influenza virus vaccine; Medicaid eligible patients; regulations .................................................................................................................... SB 616 Nursing Homes; one nurse in charge of nursing activities; regulate............................ SB 417
O
OBSCENITY Internet Child Pornography Prevention Act; violations by internet service providers....................................................................................................................... SB 232 Internet/Computer Safety Act; enact; offenses relating to internet contact with a child ................................................................................................................... SB 103
OCCUPATIONAL THERAPISTS Health Care Protection Act; health care licensing violations; penalties ...................... SB 162
ODUM, CITY OF Odum, City of; certain committees and chairs; mayoral voting.................................HB 1663
OMEGA, CITY OF Omega, City of; new charter ......................................................................................HB 1353

1852

3759

INDEX

OPEN AND PUBLIC MEETINGS Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339
OPTICIANS AND OPTOMETRISTS Contact Lenses; selling and dispensing; amend provisions .......................................HB 1496 Contact Lenses; sold/dispensed by licensed providers; revisions; violations .............. SB 513 Health Care Protection Act; health care licensing violations; penalties ...................... SB 162 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133
P
PARDONS AND PAROLES (Also see Penal Institutions; Probation) Aggravated Child Molestation; court discretion of convicted persons; punishment ................................................................................................................... SB 620 Employees' Retirement; law enforcement personnel; enhanced benefits; age and service.................................................................................................................... SB 212 Ethics; reforms; campaign contributions; activities on behalf of inmates ..................... SB 31 Pardons and Paroles; board employees; police powers..............................................HB 1702
PARENT AND CHILD (Also see Domestic Relations; Minors) Abortion; proper identification to physician; minor's parent or guardian .................... SB 240 Adoptions/Child-Placing Agencies; records access; birth records; practices ................ SB 55 Child Custody; court appointed custody evaluator; liability ......................................HB 1194 Child Custody; right of children; selection of custodial parent; certain ages .............. SB 326 Child Placement; adoption petition; time limit requirement ......................................HB 1322 Children; prohibit the sale or offer for sale of a child by parent or guardian............... SB 281 Cruelty to Children; endangering a child in the second degree; criminal negligence......................................................................................................................... SB 1 Cruelty to Children; second degree; nonmerger provision.........................................HB 1229 Divorce; grounds; extend time frame; effect of legal separation on children; statistics ........................................................................................................................ SB 298 Jury Duty; exempt certain caregivers and home school teachers ...............................HB 1227 Juvenile Proceedings; certain conviction; termination of parental rights ..................HB 1632 Parental Leave Act; enact...........................................................................................HB 1058 Sales Tax Exemption; nonprofit organizations providing child services...................HB 1744 Seat Belts; child restraints; change age ........................................................................HB 217 Smoking in Motor Vehicle With Child in Car Seat; define offense ..........................HB 1138 Torts; immunity; medical or forensic examiners of sexual assault victims ................... SB 25 Uniform Rules; leaving child unattended in car; fine ................................................HB 1035 Vital Records; birth certificate in legitimations, paternity, adoptions.......................... SB 263

1853

3760

INDEX

PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431 Archeologists; certain submerged artifacts; exemption against disturbing.................. SB 140 Cultural Resources; submerged; permit/authorization to contract; provisions ............ SB 569 Public Officers/Employees; certain property and records; preservation ....................HB 1026 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ...................................................... SB 273 Sales Tax Exemption; certain tangible personal property; certain corporate attractions ...................................................................................................................HB 1528 Stone Mountain Memorial Association; membership requirements ............................ SB 423 Stone Mountain Memorial Association; members; requirements ..............................HB 1014
PATAULA JUDICIAL CIRCUIT Pataula Judicial Circuit; change certain terms of court..............................................HB 1373
PAULDING COUNTY Atlanta Regional Commission; certain counties; ratify partial incorporation............HR 1308 Designate; Daniel Starnes Bridge; Paulding County.................................................... SR 951 Designate; John D. Smith Highway; Paulding County ................................................ SR 301 Designate; John D. Smith Highway; Paulding County ................................................ SR 668
PEACE OFFICERS ANNUITY AND BENEFIT FUND Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431 Peace Officers' Annuity and Benefit; creditable service for certain prior service.........................................................................................................................HB 1027 Peace Officers' Benefit Fund; membership; county jail officers.................................. SB 189
PEACE OFFICERS; EMPLOYMENT AND TRAINING Employees' Retirement; benefits for certain law enforcement officers, troopers and GBI agents; age 55 or 25 years................................................................ SB 152 Employees' Retirement; law enforcement personnel; enhanced benefits; age and service.................................................................................................................... SB 212 Peace Officer/Prosecutor Training Fund; accounting of all deposits............................. SB 46 Peace Officers; basic training; preservice admittance; requirements; provisions ..................................................................................................................... SB 426 Stopping of Motorist by Law Enforcement; probable cause; racial profiling restrictions; officer training............................................................................................ SB 95 Torts; immunity; medical or forensic examiners of sexual assault victims ................... SB 25 Transportation Department; employment of investigators........................................... SB 307 Transportation Department; peace officers as nonuniform investigators .................... SB 271

1854

3761

INDEX

PENAL INSTITUTIONS Aggravated Child Molestation; court discretion of convicted persons; punishment ................................................................................................................... SB 620 Child Molestation; monitoring of defendant; add. punishment for offense................. SB 469 Conform Code; references to House and Senate committee names.............................HB 846 Correctional Institutions; housing certain inmates; reimbursement.............................HB 614 Cosmetology; training programs operated by Corrections; provisions; board membership; amend qualifications............................................................................HB 1175 County Jail Inmates; earned time allowances ..............................................................HB 239 County Jails; full-time dispatcher as full-time jailer under certain conditions ............ SB 296 Ethics in Government; comprehensive revisions of provisions ................................... SB 517 Ethics; reforms; campaign contributions; activities on behalf of inmates ..................... SB 31 Graffiti; compensation to property owners; use of inmate labor to remove graffiti from private property ....................................................................................... SB 313 Home Arrest Program; authorize additional types of supervision; change qualifications ................................................................................................................ SB 487 Ignition Interlock Devices; limited driving permits; revocation; provisions .............HB 1158 Jail Booking Fees; operates a jail and pretrial detention facility; imposition, collection in traffic court .............................................................................................. SB 269 Juvenile Proceedings; juvenile court jurisdiction; change age...................................HB 1418 Local Government; incorporation of villages; definitions; procedures ....................... SB 605 Pardons and Paroles; board employees; police powers..............................................HB 1702 Private Probation Services; local governments; agreements......................................HB 1567 Probation Management Act; enact .............................................................................HB 1161 School Readiness; change name to Bright from the Start; revise ................................ SB 456 Sexual Offender Registry; higher learning institution; interactive data base............... SB 537 Vaccination Program for Emergency Responders Exposed to Infectious Diseases; contingent upon bioterrorism funding.......................................................... SB 333 Work Release Programs; felony sentences; provisions..............................................HB 1182
PERRY, CITY OF Perry Industrial Building Authority; repeal constitutional amendment creating .........................................................................................................................HB 960 Perry-Houston County Airport Authority; membership.............................................HB 1684
PHARMACISTS AND PHARMACIES Advisory Committee on Seniors and Prescription Drug Costs; establish ....................HB 935 Controlled Substances; regulate opioid treatment; dangerous drug; change provisions ..................................................................................................................... SB 502 Controlled Substances; trafficking in ecstacy; define offense ...................................HB 1441 Georgia Seniors Prescription Drug Benefit Program Act; establish ............................ SB 112 Health Access Improvement Act; Advanced practice registered nurse; regulations .................................................................................................................... SB 376

1855

3762

INDEX

Mail-Order Pharmaceutical Distributors; HMO use licensed Georgia pharmacy ...................................................................................................................... SB 544 Nurses, Advanced Practice Registered; prescriptive authority ...................................... SB 36 Patient Safe Prescription Drug Act; regulate electronically transmitted data; patient's choice of retail pharmacy ............................................................................... SB 179 Physician Assistants; change job descriptions, licensure, definition; revisions........... SB 458 Prescription Drugs by Mail; enrollees in HMO health benefit plans ........................... SB 145 Prescription Drugs for Seniors, Joint Study Committee; create..................................... SR 55 Prescription Drugs; Georgia Rx Plan for Seniors Act.................................................. SB 304 Prescription Drugs; Medicaid patients; prior authorization; prohibit requirement................................................................................................................... SB 539 State Board of Pharmacy; prescription drugs by mail; delete certain provisions ..................................................................................................................... SB 543 Theft; certain offenses involving commercial vehicles; penalties; fines ...................HB 1456
PHOTOGRAPHERS Traffic Control Signal Monitoring Devices; prohibit recording image of driver ..........................................................................................................................HB 1268
PHYSICAL THERAPISTS Health Care Protection Act; health care licensing violations; penalties ...................... SB 162 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133

PHYSICIANS AND OSTEOPATHS; GA BOARD FOR PHYSICIAN WORKFORCE Health, Education, and Social Services; certain boards and councils; amend provisions ...................................................................................................................HB 1266
PHYSICIANS, PHYSICIANS ASSISTANTS, AND RESPIRATORY CARE (Also see Health; Professions)
Clinical Perfusionist; physician's assistants; certain licensures; amend.......................HB 617 Contact Lenses; selling and dispensing; amend provisions .......................................HB 1496 Contact Lenses; sold/dispensed by licensed providers; revisions; violations .............. SB 513 Health Access Improvement Act; Advanced practice registered nurse; regulations .................................................................................................................... SB 376 Health Care Claims Filed Electronically; expedited processing; timely payment ........................................................................................................................ SB 350 Licensed Physician; not require malpractice insurance; prevent penalty..................... SB 455 Licensed Physicians; volunteering for state, county, etc.; immune from liability.......................................................................................................................... SB 408 Medical Liability Insurance; affordability problems; Medical Malpractice Market Stability Act ..................................................................................................... SB 355 Medical Malpractice Insurance Premium Reform Act................................................. SB 358

1856

3763

INDEX

Nurses, Advanced Practice Registered; prescriptive authority ...................................... SB 36 Patient Safe Prescription Drug Act; regulate electronically transmitted data; patient's choice of retail pharmacy ............................................................................... SB 179 Patient's Right Under Managed Health Care Plans; medically necessary and appropriate care; define terms ...................................................................................... SB 314 Physician Assistants; change job descriptions, licensure, definition; revisions........... SB 458 Physicians; licenses; temporary postgraduate training permits..................................HB 1265 Premarital Counseling; financial incentive; marriage licenses ..................................HB 1451 Rules of the Road; Parking Law for Persons with Disabilities; redefine terms ........... SB 481 Tattooing Near the Eye; prohibition; expand exception...............................................HB 183 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133 Torts; limiting liability of free health clinics; provide ...............................................HB 1793 Vaccination Program for Emergency Responders Exposed to Infectious Diseases; contingent upon bioterrorism funding.......................................................... SB 333 Woman's Right to Know Act; Medical Consent Law; abortion procedures; 24 hour waiting period following disclosure.................................................................. SB 23
PICKENS COUNTY Designate; Michael B. Mundy Memorial Bridge; Pickens County.............................. SR 299 Designate; Michael B. Mundy Memorial Bridge; Pickens County.............................. SR 787 Pickens County; board of education; certain per diems .............................................HB 1822 Pickens County; land use ordinance; advisory referendum........................................HB 1694 Pickens County; magistrate court; county law library fees ........................................HB 1693
PIERCE COUNTY Designate; Woodpecker Trail Highway; 10 counties................................................... SR 843
PIKE COUNTY Pike County; office of county manager......................................................................HB 1819
PODIATRY PRACTICE Rules of the Road; Parking Law for Persons with Disabilities; redefine terms ........... SB 481 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133
POOLER, CITY OF Pooler, City of; homestead exemption; unremarried surviving spouse......................HB 1732 Pooler, City of; new charter .......................................................................................HB 1778
PORT WENTWORTH, CITY OF Port Wentworth, City of; homestead exemption; unremarried surviving spouse .........................................................................................................................HB 1727

1857

3764

INDEX

POSTSECONDARY EDUCATION (Also see Education; Colleges; Board of Regents; University System)
Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431 College Students; vaccination against meningococcal meningitis............................... SB 266 Colleges and Technical Schools; textbooks in electronic format.................................HB 712 Education; standard grading system for K-12; urge Board study issue .....................HR 1346 Health, Education, and Social Services; certain boards and councils; amend provisions ...................................................................................................................HB 1266 HOPE Scholarship Tuition Grants; change residency requirements............................ SB 287 HOPE Scholarship Tuition Grants; eligible part-time students ................................... SB 286 HOPE Scholarships; eligibility; amend provisions ....................................................HB 1325 HOPE Scholarships; eligibility; schools with certain accreditation...........................HB 1011 HOPE Scholarships; Georgia Student Finance Commission; reporting system; definitions........................................................................................................ SB 520 HOPE Scholarships; maximum combined federal gross income; change amount .......................................................................................................................... SB 475 HOPE Scholarships; method of eligibility; adopt reporting system; definitions..................................................................................................................... SB 471 HOPE Scholarships; private colleges; certain part-time eligibility..............................HB 341 Lottery; online ticket sales; establish Georgia Peach Account ..................................HB 1272 Student Finance Authority; editorial changes; certain definitions .............................HB 1547 Teachers; pay level for doctorate degree in any field................................................... SB 354
POULTRY PRODUCTION Poultry Production Contracts; regulate ........................................................................HB 648
POWDER SPRINGS, CITY OF Powder Springs, City; Redevelopment Powers Law; provide referendum.................. SB 545
PRESTON, CITY OF Preston, City of; new charter ......................................................................................HB 1630
PRETRIAL PROCEEDINGS Criminal Procedure; demand for trial; time expiration; appeals .................................... SB 45 Criminal Prosecution for Offenses Against Minor Children; pleas ............................... SB 21 Juvenile Justice Reform; training programs; pretrial proceedings; indictment..........HB 1299
PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESSES Sheriffs Engaging in Certain Businesses; violation of oath of office ..........................HB 415
PRIVATE SCHOOLS Home Study Programs; qualifications of tutors .........................................................HB 1428

1858

3765

INDEX

HOPE Scholarships; eligibility; schools with certain accreditation...........................HB 1011 HOPE Scholarships; private colleges; certain part-time eligibility..............................HB 341
PROBATE COURTS Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431 Probate Court Judges; nonpartisan election ................................................................. SR 277 Civil Filings/Criminal Fines; additional charges; repeal certain charges.....................HB 869 Comprehensive Planning and Service Delivery; local government; amend definition ....................................................................................................................HB 1559 Election; qualifying fees; county officials; calculation................................................ SB 153 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders .................................................................... SB 102 Judges of the Probate Courts Retirement; designated surviving beneficiary...............HB 739 Premarital Counseling; financial incentive; marriage licenses ..................................HB 1451 Probate Courts; certain judges; salary increases ........................................................HB 1372 Supersedeas Bonds; provide for other types of security .............................................. SB 411
PROBATION Child Molestation; monitoring of defendant; add. punishment for offense................. SB 469 Ignition Interlock Devices; limited driving permits; revocation; provisions .............HB 1158 Income Tax Refund; setoff debt; probation fees and restitution orders.......................HB 677 Private Probation Services; local governments; agreements......................................HB 1567 Probation Management Act; enact .............................................................................HB 1161 Sexual Offender Registry; first offenders; change registration requirements............HB 1093
PROFESSIONAL COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTS
Divorce; grounds; extend time frame; effect of legal separation on children; statistics ........................................................................................................................ SB 298 Education; certified school social worker specialists; salary increase .........................HB 320 Health Care Protection Act; health care licensing violations; penalties ...................... SB 162 Premarital Counseling; financial incentive; marriage licenses ..................................HB 1451
PROFESSIONAL ENGINEERS AND LAND SURVEYORS Engineer-in-Training/Land Surveyor-in-Training; certification requirements ............HB 986
PROFESSIONS AND BUSINESSES Architecture; registration to practice; amend requirements .......................................HB 1167 Athletic/Entertainment Commission; amend provisions..............................................HB 558 Athletic Trainers; licensing; exceptions .....................................................................HB 1394 Barbers; apprentices; supervision...............................................................................HB 1359 Building Codes; state minimum codes; delete obsolete provisions; redefine .............. SB 550

1859

3766

INDEX

Building Construction; alternative dispute mechanism; definitions; written claim ............................................................................................................................. SB 563 Building Permits Through Certain Electronic Media; application; payments ............... SB 39 Charitable Solicitations; agent registration; amend......................................................HB 472 Child Support; computation of award, guidelines, income deduction orders ................ SB 17 Chiropractors; board of examiners; additional authority............................................HB 1512 Clinical Perfusionist; physician's assistants; certain licensures; amend provisions .....................................................................................................................HB 617 Contact Lenses; sold/dispensed by licensed providers; revisions; violations .............. SB 513 Contractors; electrical, plumbing, conditioned air; licensure; new provisions ............ SB 577 Contracts; timely payment; professional services providers ......................................HB 1195 Cosmetologist, Master; authorize to train more than one apprentice........................... SB 526 Cosmetology; training programs operated by Corrections; provisions; board membership; amend qualifications............................................................................HB 1175 Dentists/Dental Hygienists; amend provisions...........................................................HB 1141 Electrical Sign Contracting; licensure of contractors................................................... SB 341 Employment Security Law; unemployment compensation; exclude certain services ......................................................................................................................... SB 160 Engineer-in-Training and Land Surveyor-in-Training; certification requirements .................................................................................................................HB 986 Family Violence Shelter Confidentiality Act; requirement of telephone companies not to disclose location............................................................................... SB 147 Firearm Dealers; transfer of authority; criminal background check; definitions..................................................................................................................... SB 528 Georgia Massage Therapy Practice Act; add new chapter; regulation, licensure........................................................................................................................ SB 551 Health Access Improvement Act; Advanced practice registered nurse; regulations .................................................................................................................... SB 376 Health Care Protection Act; health care licensing violations; penalties ...................... SB 162 Hotels, Motels; excessive room rates during special sporting events .......................... SB 150 Ignition Interlock Device Providers Act; enact..........................................................HB 1162 Industrial Hygiene Title Protection Act; enact...........................................................HB 1379 Income Taxes; change certain definitions ...................................................................... SB 66 Licensed Physician; not require malpractice insurance; prevent penalty..................... SB 455 Local Government; incorporation of villages; definitions; procedures ....................... SB 605 Minority Business Enterprises; certification procedure defined in federal law ........... SB 115 Motor Vehicles; used parts dealers' registration; redefine rebuilder............................ SB 357 Nurses, Advanced Practice Registered; prescriptive authority ...................................... SB 36 Nursing Homes; influenza virus vaccine; Medicaid eligible patients; regulations .................................................................................................................... SB 616 Occupation Taxes; certain exemption; Department of Veterans Service...................HB 1445 Patient Safe Prescription Drug Act; regulate electronically transmitted data; patient's choice of retail pharmacy ............................................................................... SB 179

1860

3767

INDEX

Physician Assistants; change job descriptions, licensure, definition; revisions........... SB 458 Physicians; licenses; temporary postgraduate training permits ..................................HB 1265 Public Roads; limitations on power to contract; design-build; provide exception ...................................................................................................................... SB 553 Real Estate Closings; unfair trade practice; licensee conducting closing; remove provision........................................................................................................HB 1311 Registered Public Accountants; certification as CPA; repeal provisions .................... SB 449 Residential/General Contractors, State Licensing Board; create ...............................HB 1003 Road Construction/Repair of Manhole Rings; contractor; regulation ........................... SB 18 Rules of the Road; Parking Law for Persons with Disabilities; redefine terms ........... SB 481 Sales Tax; applicable to commerce and trade; definitions ............................................. SB 62 Soil Scientists Licensing Act of 2004; enact..............................................................HB 1047 Tax Penalties; false claims of independent contractor status ....................................... SB 106 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133 Torts; health care providers in emergency conditions; provide limited liability.......................................................................................................................... SB 432 Toxic Mold Study Committee; creating ......................................................................... SR 22 Used Car Dealers; surety bond .....................................................................................HB 585 Utility Contractors and Systems; definitions; licensing and certification requirements; safety training ......................................................................................HB 1300 Winecoff Hotel, Joint Study Committee on the Rehabilitation of; create.................... SR 303
PROPERTY Ad Valorem Tax Millage Rate/Property Value; limitations on increases ................... SR 581 Ad Valorem Tax; assessment; taxpayer appeals; refunds; interest amount ................. SB 161 Ad Valorem Tax; assessments; periods of limitation...................................................HB 736 Ad Valorem Tax; property taxation; change definitions................................................ SB 58 Ad Valorem Tax; statewide homestead exemption; increase amount............................ SB 41 Ad Valorem Taxes; freeze existing residential property values until sold; appraise at fair market value ........................................................................................ SR 311 Bona Fide Conservation Use Property; include wildlife habitat and production...................................................................................................................HB 1416 Bona Fide Conservation Use Property; notification; expiration of covenants...........HB 1103 Bona Fide Conservation Use Property; undeveloped riverside/streamside lands...................................................................................................................... ....HB 1107 Building Permit; counties/municipal corporations; notice of contemplated use................................................................................................................................. SB 519 Condominiums; clarification of provisions..................................................................HB 210 Condominiums; sale contract; disclosure; maintenance or repair requests.................... SB 15 Conform Code; references to House and Senate committee names.............................HB 846 Controlled Substances; regulate opioid treatment; dangerous drug; change provisions ..................................................................................................................... SB 502

1861

3768

INDEX

Counties; private trespass towing; licenses ................................................................HB 1150 Criminal Trespass/Damage to Property; crime of possession of tools......................... SB 311 Dispossesory Proceedings; service member rights; lease termination; definitions..................................................................................................................... SB 560 Eastern Cherokee Indian Tribe; revise address .............................................................. SB 93 Electric Transmission Lines, Joint Study Committee on Location of; create .............. SR 308 Electric Utilities; eminent domain proceedings; Transmission Facility Siting Act; Electric Utility Infrastructure Planning Study Committee ................................... SB 359 Electrical Sign Contracting; licensure of contractors................................................... SB 341 Eminent Domain; condemnation; electric power plants, power lines.......................... SB 267 Fair Lending Act; amend provisions; Department of Banking and Finance, authority to regulate........................................................................................................ SB 28 Graffiti; compensation to property owners; use of inmate labor to remove graffiti from private property ....................................................................................... SB 313 Graffiti; criminal damage to property; programs for compensating owners, innocent victims ........................................................................................................... SB 312 Homestead Property; Levy, Sale; reciprocal exemption; resident judgment debtor; creditor resident in another state ...................................................................... SB 347 Industry, Trade & Tourism Department; acquire personal property; general provisions ..................................................................................................................... SB 531 Industry, Trade & Tourism Department; improve promotion of marine research......................................................................................................................... SB 624 Insurance; service of orders and notices; authorize electronic mail; property insurance; claim against policy; define ......................................................................HB 1263 Intangible Taxes; real estate transfer tax; change certain provisions............................. SB 69 Interfering With Electronic Monitoring Devices; define offense ..............................HB 1160 Landlord and Tenant; disposition of tenant's property; landlord's liability..................HB 762 Landlord and Tenant; dispossessory proceedings; abandoned tenant property; time period.................................................................................................................... SB 316 Liens; treatment, board, or care of animals; change provisions...................................HB 941 Local Government; incorporation of villages; definitions; procedures ....................... SB 605 Municipal Corporations; lease property to nonprofit corporations; recreation..........HB 1565 Nuisance Abatement Liens; collection procedures; foreclosures................................. SB 182 Nuisance Abatement; graffiti visible from adjoining public or private property......................................................................................................................... SB 310 Perfection of Hospital, Nursing Home, Physician Practice, and Traumatic Burn Care Medical Practice Liens; causes of action liens; change certain provisions ...................................................................................................................HB 1303 Personal Property in Custody of Law Enforcement Agency; disposition ....................HB 484 Property and Casualty Insurance Rates, Filing and Approval Process; Committee to Study...................................................................................................... SR 445 Property Conveyances; authorizing in 8 counties; Baldwin, Bartow, Chatham, Decatur, DeKalb, Fulton, Wayne and White ............................................... SR 224

1862

3769

INDEX

Property Involved With Illegal Drug Activities; enhanced penalties........................... SB 324 Property Owners' Association Act; change certain provisions; clarify applicability ..................................................................................................................HB 208 Property Tax Sales; change certain provisions............................................................... SB 57 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ...................................................... SB 273 Revenue Laws; erroneous tax lien; correction provisions..............................................HB 58 Sales Tax; applicable to commerce and trade; definitions ............................................. SB 62 Soil Erosion Control; exemption; public roadway drainage structures........................ SB 122 Southeastern Cherokee Council; recognize as American Indian Tribes ...................... SB 570 Statewide Homestead Exemption Grants; mandated appropriation............................... SR 36 Street Gangs; graffiti; violent acts; weapons possession; prohibitions ........................ SB 309 Superior Court Clerks' Cooperative Authority; filing fees; real estate and personal property.......................................................................................................... SB 195 Tax Executions; levies upon goods, chattel, lands, tenements of taxpayer; change provisions ........................................................................................................... SB 68 Tax Sales; notice period; redemption amount ............................................................HB 1520 Tax Sales; redemption of property; amend provisions...............................................HB 1170 Toxic Mold Study Committee; creating ......................................................................... SR 22
PROPERTY DAMAGE AND INTRUSION Arson or Explosives Used During Commission of a Felony; penalties ....................... SB 184 Child Molestation; monitoring of defendant; add. punishment for offense................. SB 469 Criminal Trespass/Damage to Property; crime of possession of tools......................... SB 311 Interfering With Electronic Monitoring Devices; define offense ..............................HB 1160 Payday Lending; Deferred Presentment or Advance Cash Services; regulate unlawful transactions.................................................................................................... SB 157 Property Involved With Illegal Drug Activities; enhanced penalties........................... SB 324 Watershed Dams; committee to study safety issues ..................................................... SR 442
PROPERTY; RIGHTS IN PERSONALTY; UNCLAIMED PROPERTY ACT Eastern Cherokee Indian Tribe; revise address .............................................................. SB 93 Payday Lending; Deferred Presentment or Advance Cash Services; regulate unlawful transactions.................................................................................................... SB 157 Southeastern Cherokee Council; recognize as American Indian Tribes ...................... SB 570
PROPERTY; SPECIALIZED LAND TRANSACTIONS Condominiums; clarification of provisions..................................................................HB 210 Condominiums; sale contract; disclosure; maintenance or repair requests.................... SB 15 Property Owners' Association Act; change certain provisions; clarify applicability ..................................................................................................................HB 208

1863

3770

INDEX

PROSECUTING ATTORNEYS Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431 County Law Libraries; board of trustees; DA membership; use of collected funds ............................................................................................................................... SB 83 Employees' Retirement; secretaries of appellate/superior court judges, DAs; creditable service............................................................................................................ SB 98 Employees' Retirement and Judicial Retirement; certain membership; creditable service..........................................................................................................HB 923 Employees' Retirement and Judicial Retirement; prior service as assistant district attorney; service credit .....................................................................................HB 753 Employees' Retirement; Prosecuting Attorneys' Council; certain prior service credit; provisions ..........................................................................................................HB 878 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 Internet/Computer Safety Act; enact; offenses relating to internet contact with a child ................................................................................................................... SB 103 Judicial Retirement; certain judges; transfer from Employees' Retirement .................HB 976 Juvenile Justice Reform; training programs; pretrial proceedings; indictment..........HB 1299 Municipal Courts; pretrial intervention and diversion programs .................................HB 821 Sexual Assault Victims; improved assistance; sexual abuse protocol committee ..................................................................................................................... SB 457
PSYCHOLOGISTS Divorce; grounds; extend time frame; effect of legal separation on children; statistics ........................................................................................................................ SB 298 Health Care Protection Act; health care licensing violations; penalties ...................... SB 162 Premarital Counseling; financial incentive; marriage licenses ..................................HB 1451 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133
PUBLIC ADMINISTRATION, OFFENSES AGAINST Community Affairs, Department; Section 8 housing fraud; provide investigative powers ..................................................................................................... SB 510 Ethics, State Commission; powers; campaign contribution disclosure; accounting procedures; reported violations.................................................................. SB 168 Home Arrest Program; authorize additional types of supervision; change qualifications ................................................................................................................ SB 487 Judicial Emergency Act of 2004; enact......................................................................HB 1450
PUBLIC ASSISTANCE (Also see Social Services; Health Issues; Elderly) Ambulance Services; reimbursement for Medicaid recipients and indigents ............HB 1720 Assisted Living Facilities; define and provide new category....................................... SB 422

1864

3771

INDEX

Federal Food Stamp Program for Low-Income Georgians; urge DHR adopt options to provide access.............................................................................................. SR 228 Long-Term Care Services; in-home and community based care; consumer choice and control; Independence Plus Act ................................................................. SB 170 Medicaid; claims to recover cost of care from at fault third party; legal liability.......................................................................................................................... SB 191 Medicaid; managed health care; medically necessary health care pilot program ........................................................................................................................ SB 315 Medicaid; prior authorization/restriction on medication; prohibit ............................... SB 447 Nursing Homes; influenza and pneumococcal vaccinations; offer patients annually ......................................................................................................................HB 1709 Nursing Homes; influenza virus vaccine; Medicaid eligible patients; regulations .................................................................................................................... SB 616 Prescription Drugs; Medicaid patients; prior authorization; prohibit requirement................................................................................................................... SB 539 Senate Medicaid Study Committee; create................................................................... SR 461 State Program of Health Services; fiscal condition; annual reports...........................HB 1704
PUBLIC BUILDINGS Aaron Cohn Regional Youth Detention Center; designate ........................................HR 1530 Public Property; restrooms; standards ........................................................................HB 1620 Residential and General Contractors, State Licensing Board; create.........................HB 1003 Sales Tax Exemption; certain symphony halls...........................................................HB 1511 State Buildings/Facilities; roofing materials; energy efficiency standards .................. SB 137
PUBLIC CONTRACTS Local Government; internet request for proposals, notice of a pre-bid conference; contract/bid requirements ......................................................................... SB 365 Public Roads; limitations on power to contract; design-build; provide exception ...................................................................................................................... SB 553 Public Works; prohibit state from requiring contractor to labor agreement ................ SB 599 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ...................................................... SB 273 State Agencies; contracts for services; prohibit outside U.S. ....................................HB 1281 State Government; privatization contracts; revise provisions....................................HB 1326 State Purchasing; vendor requirements; contracts......................................................HB 1457
PUBLIC HEALTH AND MORALS, OFFENSES AGAINST Bingo Games; operation by auxiliary unit of parent organization ...............................HB 772 Bingo; fee for conducting games; increase ....................................................................HB 87 Bingo; licensed operator; may assist in operation of games in licensed auxiliary........................................................................................................................ SB 492

1865

3772

INDEX

Child Sexual Exploitation; unlawful acts involving computer pornography; change penalties .......................................................................................................... SB 124 Children's Internet Protection Act; safety policies in schools, libraries; conditional funding for computers ................................................................................. SB 52 Cigarettes/Tobacco Products; prohibit possession by minors; exceptions...................HB 653 Criminal Prosecution for Offenses Against Minor Children; pleas ............................... SB 21 Cruelty to Children; crime of endangerment; sexual abuse; prosecution....................... SB 10 Georgia Smokefree Air Act; prohibit smoking in certain facilities/areas; penalties........................................................................................................................ SB 507 Internet Child Pornography Prevention Act; violations by internet service providers....................................................................................................................... SB 232 Internet/Computer Safety Act; enact; offenses relating to internet contact with a child ................................................................................................................... SB 103 Prepaid Adult Cards; prohibit sale, distribution to minors; penalties .......................... SB 606 Prostitution, Pimping or Pandering; keeping a place for; penalties ............................... SB 77 Public Transit; buses, rapid rail cars, stations; allow bottled water .............................HB 778 Registered Public Accountants; certification as CPA; repeal provisions .................... SB 449 School Readiness; change name to Bright from the Start; revise ................................ SB 456 Senate Study Committee on Excavation Safety; create................................................ SR 989 Sexually Offensive Material/Content; distribution through electronic media ................. SB 5 Smoking in Motor Vehicle With Child in Car Seat; define offense ..........................HB 1138 Tattooing Near the Eye; prohibition; expand exception...............................................HB 183
PUBLIC OFFICERS AND EMPLOYEES (See State Government or Specific Agency) Airport Operations Board; local government; transfer of authority............................. SB 390 Assistant District Attorneys; retirement; prior service credit....................................... SB 318 Attorney General; prosecution of sentenced persons; general provisions ................... SB 424 Attorney General; use of outside counsel; conditions and limitations ......................... SB 433 Attorney General; actions against state; Governor power to appoint legal counsel.......................................................................................................................... SB 494 Bail Bond Business; allow attorneys to indirectly engage in but not manage ...........HB 1206 Bail Bondsmen; allow service as certain elected officials .........................................HB 1086 Budget Act; continuation budget report; apply zero-base budgeting............................... SB 8 Emergency Management Employees, "911" Operators and Dispatchers; indemnification............................................................................................................. SR 213 County Law Libraries; board of trustees; DA membership; use of collected funds ............................................................................................................................... SB 83 Courts Technology Advisory Board and Council; successor to Georgia Courts Automation Commission .................................................................................. SB 306 Criminal Justice Coordinating Council; membership; law enforcement; insurance....................................................................................................................... SB 427 Death Investigations; compensated care services; definition; inform coroner............. SB 416

1866

3773

INDEX

Death Investigations; patients receiving compensated care in facilities licensed by DHR........................................................................................................... SB 111 Death Investigations; persons receiving "compensated care"; notification ................. SB 285 Education; standard grading system for K-12; urge Board study issue .....................HR 1346 Election Districts; legislative and congressional reapportionment; specify requirements; community of interest.............................................................................. SB 91 Election; qualifying fees; county officials; calculation................................................ SB 153 Elections; congressional districts; composition and number ....................................... SB 135 Emergency Management Employees, "911" Operators or Dispatchers; indemnification............................................................................................................. SB 218 Emergency Medical Technicians; indemnification; noncompulsory insurance........... SB 604 Employees' Retirement; law enforcement personnel; enhanced benefits; age and service.................................................................................................................... SB 212 Employees' and Judicial Retirement; prior service as assistant district attorney; service credit .................................................................................................HB 753 Employees' Retirement; certain court administrators; certain service credit ...............HB 838 Employees' Retirement; certain members; purchase additional years..........................HB 480 Employees' Retirement; certain prior service; creditable service.................................HB 394 Employees' Retirement; certain temporary full-time service; credit ............................HB 498 Employees' Retirement; disability benefits; maximum compensation.......................HB 1034 Employees' Retirement; forfeited leave; include from prior service............................HB 746 Employees' Retirement; group term life insurance; definition.....................................HB 607 Employees' Retirement; Indigent Defense Council; change designation...................HB 1137 Employees' Retirement; Prosecuting Attorneys' Council; certain prior service credit; provisions ..........................................................................................................HB 878 Employees' Retirement; reduced retirement allowance and partial lump sum payment; provisions......................................................................................................HB 914 Employees' Retirement; spouse's survivor benefits; change of beneficiaries ..............HB 609 Ethics in Government; comprehensive revisions of provisions ................................... SB 517 Ethics in Government; Financial Disclosure Reform Act of 2003; enact........................ SB 3 Ethics Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments............................................................. SB 109 Ethics, State Commission; powers; campaign contribution disclosure; accounting procedures; reported violations.................................................................. SB 168 Ethics; campaign contribution disclosure reports; filing functions; transfer to State Ethics Commission.............................................................................................. SB 144 Ethics; campaign disclosure reports; contributions and expenditures; disclose candidate's name........................................................................................................... SB 125 Ethics; conflicts of interest; code of ethics for government service; lobbying, nepotism, gifts, campaign contributors; comprehensive revisions............................... SB 108 Ethics; disposition of excess campaign contributions.................................................... SB 82 Ethics; distribution of campaign contributions; ordinary and necessary expenses........................................................................................................................ SB 338

1867

3774

INDEX

Ethics; reforms; campaign contributions; activities on behalf of inmates ..................... SB 31 Ethics; unlawful to use/accept public funds for lobbying; penalties............................ SB 446 Family/Children Services; establish separate department and agency......................... SB 241 Fraud, Waste, Abuse in State Operations; whistle blower; prohibit retaliation ...........HB 708 Governor; emergency powers; repeal certain powers relating to firearms..................... SB 92 Health Care Claims Filed Electronically; expedited processing; timely payment ........................................................................................................................ SB 350 Health Insurance; state employees no longer covered by federal insurance plan ............................................................................................................................... SB 282 Indemnification of Emergency Personnel, Joint Study Committee; create.................. SR 212 Indemnification; government employed firefighters; rebuttable presumption...........HB 1297 Industry, Trade and Tourism; Department of; change name......................................HB 1529 Managed Health Care Plans; right to independent review; include state employees .....................................................................................................................HB 697 Marriage; application of license; State Office of Vital Records; revisions ................. SB 478 Nonprofit Hospitals/Employees; liability insurance; provisions..................................HB 326 Notaries Public; amend provisions; superior court fees.............................................HB 1617 Payroll Deductions; corrections officer; provide for nonprofit organization............... SB 437 Perpetrators of Felonies; local government rewards; remove limitation .....................HB 359 Public Officers/Employees; certain property and records; preservation ....................HB 1026 Public Officers/Employees; payroll deductions; Higher Education Savings Plan.............................................................................................................................HB 1118 State Agencies; furloughs or reduction in force; prohibit hiring; exceptions ............HB 1708 State Employees' Retirement Options; early retirement incentives ............................. SB 159 State Employees' Salaries; federated charitable organizations; welfare services ......................................................................................................................... SB 584 State Employees' Health Insurance; certain community service retirees .....................HB 594 State Employees' Health Insurance; coverage; certain health centers........................HB 1751 State Employees' Health Insurance; fiscal condition; annual reports.........................HB 1320 State Employees'; consumer driven health plan option (CDHP)................................. SB 344 State Official Salaries; General Assembly members and Lieutenant Governor; 10% salary reduction.................................................................................... SB 76 State Personnel Board; special pay plan for deferred payment; define terms .............. SB 486 Transportation Department; peace officers as nonuniform investigators .................... SB 271
PUBLIC OFFICERS AND EMPLOYEES; ELIGIBILITY AND QUALIFICATIONS FOR OFFICE
State Employees' Salaries; federated charitable organizations; welfare services ......................................................................................................................... SB 584
PUBLIC OFFICERS AND EMPLOYEES; POWERS AND DUTIES Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431

1868

3775

INDEX

County Law Libraries; board of trustees; DA membership; use of collected funds ............................................................................................................................... SB 83
PUBLIC OFFICERS AND EMPLOYEES; SALARIES AND FEES Lottery Technology Joint Study Committee; create..................................................... SR 907 Payroll Deductions; corrections officer; provide for not for profit organization .................................................................................................................. SB 437 Public Officers/Employees; payroll deductions; Higher Education Savings Plan.............................................................................................................................HB 1118 State Official Salaries; General Assembly members and Lieutenant Governor; 10% salary reduction.................................................................................... SB 76
PUBLIC ORDER AND SAFETY, OFFENSES AGAINST Internet/Computer Safety Act; enact; offenses relating to internet contact with a child ................................................................................................................... SB 103 Judicial Emergency Act of 2004; enact......................................................................HB 1450 School Attendance Requirements; driver's license; change penalties.......................... SB 428 Street Gangs; graffiti; violent acts; weapons possession; prohibitions ........................ SB 309 Students Committing Prohibited Acts; parents notified by school principal ............... SB 598
PUBLIC PROPERTY (Also see State Government) County Law Libraries; board of trustees; DA membership; use of collected funds ............................................................................................................................... SB 83 Property Conveyances; authorizing in 8 counties; Baldwin, Bartow, Chatham, Decatur, DeKalb, Fulton, Wayne and White ............................................... SR 224 Public Funds; certain write-offs; Department of Technical and Adult Education....................................................................................................................HB 1582 Public Officers/Employees; certain property and records; preservation ....................HB 1026 Public Property; conveyance; grant utility easements; 13 counties.............................. SR 651 Public Property; restrooms; standards ........................................................................HB 1620 State Buildings/Facilities; roofing materials; energy efficiency standards .................. SB 137
PUBLIC RECORDS Chiropractors; board of examiners; additional authority............................................HB 1512 Courts; mandatory sealing of records; certain circumstances ....................................HB 1331 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 Open Records; exemption; certain personal information.............................................HB 903 Public Officers/Employees; certain property and records; preservation ....................HB 1026 Public Records Disclosure; minors; redact identifying information ..........................HB 1358 Public Records; exempt disclosure of home street address, certain telephone numbers ........................................................................................................................ SB 351 Public Records; inspection; refusal to provide access; penalty.................................... SB 177

1869

3776

INDEX

Revenue, Department of; certain disclosure; taxpayer records ..................................HB 1461 Sales Tax; dealers' returns; retail sales tax data by location of sale ............................ SB 107 State/Local Tax Revision; uniform sales and use tax administration ........................HB 1437 Voting; direct recorded electronic voting systems; provide voter printed record of the vote cast .................................................................................................. SB 340
PUBLIC RETIREMENT SYSTEMS STANDARDS (Also see Retirement; Pensions) Assistant District Attorneys; retirement; prior service credit....................................... SB 318 Law Enforcement Officers/Agents; retirement benefits .............................................. SB 114 Peace Officers' Benefit Fund; membership; county jail officers.................................. SB 189 State Employees' Retirement Options; early retirement incentives ............................. SB 159 State Employees' Retirement; development and implementation of options; early retirement incentives ........................................................................................... SB 126 Teachers Retirement; creditable service in a local school system. ................................ SB 30 Teachers Retirement; creditable service; certain independent school system service........................................................................................................................... SB 226 Teachers Retirement; University System employees; optional plan ............................ SB 253
PUBLIC SAFETY, DEPARTMENT OF (Also see Law Enforcement) Employee's Retirement; law enforcement personnel; enhanced benefits; age and service.................................................................................................................... SB 212 Law Enforcement Officer; disabled in line of duty; retention of weapon/badge...............................................................................................................HB 158 Tort Action; public safety employees; provide definitions .......................................... SB 607
PUBLIC SCHOOL EMPLOYEES Crimes Against Public School Employees; redefine school property; school bus drivers; mandatory training..................................................................................HB 1179 Public School Speech-Language Pathologists and Audiologist; salaries; national certification..................................................................................................... SB 268 Public School Systems; purchasing contracts and bid price regulations; electronic means ........................................................................................................... SB 294
PUBLIC SERVICE COMMISSION Electric Utilities; eminent domain proceedings; Transmission Facility Siting Act; Electric Utility Infrastructure Planning Study Committee ................................... SB 359 Eminent Domain; condemnation; electric power plants, power lines.......................... SB 267 Motor Carriers; certain "911" service; vehicles and loads; amend provisions ..........HB 1248 Natural Gas Competition and Deregulation Act; amend provisions.............................. SB 34 Natural Gas in Poultry Production; rules with respect to charges................................ SB 118 Natural Gas; discontinuing service to persons age 65 or disabled; prohibit during winter heating season........................................................................................ SB 185 PSC; applications and proceedings; administrative fees.............................................. SB 219

1870

3777

INDEX

Public Service Corporations/Utilities; increase certain fees ......................................HB 1354 Telecommunications; audible universal information access services; blind and print disabled citizens ..........................................................................................HB 1055
PUBLIC UTILITIES AND TRANSPORTATION (Also see Transportation) Cable Television Systems; customer service requirements; enforcement.................... SB 220 Conform Code; references to House and Senate committee names.............................HB 846 Crimes; opening certain accounts using minor's social security number; define offense .............................................................................................................HB 1285 Electric Transmission Lines, Joint Study Committee on Location of; create .............. SR 308 Electric Utilities; eminent domain proceedings; Transmission Facility Siting Act; Electric Utility Infrastructure Planning Study Committee ................................... SB 359 Emergency "911" Systems; joint authorities; intergovernment contracts..................HB 1746 Eminent Domain; condemnation; electric power plants, power lines.......................... SB 267 Eminent Domain; electric transmission lines; provisions; certain exceptions .............HB 373 Family Violence Shelter Confidentiality Act; requirement of telephone companies not to disclose location............................................................................... SB 147 Georgia's Transportation Needs, Study Committee; create.......................................... SR 422 Income Taxes; jobs tax credits; designation of counties as less developed areas; business closings in areas comprising military bases .......................................... SB 11 License Plates; special; "Share the Road" message ..................................................... SB 283 Mass Transportation Service; increase limit of state funds..........................................HB 263 Motor Carriers; certain "911" service; vehicles and loads; amend provisions ..........HB 1248 Natural Gas Competition and Deregulation Act; amend provisions .............................. SB 34 Natural Gas in Poultry Production; rules with respect to charges................................ SB 118 Natural Gas Marketers; bills; late fees .......................................................................HB 1430 Natural Gas Rates; surcharge on interruptibles; minimum amount ............................... SB 32 Natural Gas; discontinuing service to persons age 65 or disabled; prohibit during winter heating season........................................................................................ SB 185 Property Involved With Illegal Drug Activities; enhanced penalties........................... SB 324 PSC; applications and proceedings; administrative fees.............................................. SB 219 Public Roads; limitations on power to contract; design-build; provide exception ...................................................................................................................... SB 553 Public Service Corporations /Utilities; increase certain fees .....................................HB 1354 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ...................................................... SB 273 Railroad Companies; shall not operate remote controlled locomotives....................... SB 325 Senate Study Committee on Excavation Safety; create................................................ SR 989 Telecommunications; audible universal information access services; blind and print disabled citizens ..........................................................................................HB 1055 Trains; operation, whistles, lights; remove certain provisions...................................HB 1022 Utility Contractors and Systems; definitions; licensing and certification requirements; safety training ......................................................................................HB 1300

1871

3778

INDEX

PUBLICATIONS Special County 1% Sales Tax; annual publication of audit .......................................HB 1414
PUTNAM COUNTY Putnam County; homestead exemption; base year assessment ..................................HB 1367 Putnam County; homestead exemption; certain residents..........................................HB 1364 Putnam County; homestead exemption; education; base year assessment.................HB 1365 Putnam County; homestead exemption; education; certain residents ........................HB 1366
Q
QUALITY BASIC EDUCATION (Also see Education) Education Laws; amend provisions............................................................................HB 1190 Local Boards of Education/School Councils; amend provisions ...............................HB 1208 National Certified School Counselors; qualified; salary increases .............................. SB 472 Quality Basic Education; local share funds; equalization grants; midterm adjustment ..................................................................................................................HB 1539
QUITMAN COUNTY Quitman County; homestead exemption; certain residents ........................................HB 1143
R
RABUN COUNTY Rabun County; Ridgecrest Hospital facilities; certain compliance............................HB 1747
RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS Internet/Computer Safety Act; enact; offenses relating to internet contact with a child ................................................................................................................... SB 103 Street Gangs; graffiti; violent acts; weapons possession; prohibitions ........................ SB 309
RADAR SPEED DETECTION DEVICES Traffic Control Signal Monitoring Devices; prohibit recording image of driver ..........................................................................................................................HB 1268 Traffic; speed-monitoring systems; measure speed/produce photograph; penalty .......................................................................................................................... SB 603
RADIATION CONTROL Environmental Policy; regulatory decisions; publication requirements....................... SB 172
RADIO COMMON CARRIERS Emergency "911" Systems; joint authorities; intergovernment contracts..................HB 1746

1872

3779

INDEX

Income Tax; job tax credits; less developed areas; certain businesses; enterprise zones ............................................................................................................HB 984
RAILROADS Arson or Explosives Used During Commission of a Felony; penalties ....................... SB 184 Georgia's Transportation Needs, Study Committee; create.......................................... SR 422 Public Roads; limitations on power to contract; design-build; provide exception ...................................................................................................................... SB 553 Public Service Corporations/Utilities; increase certain fees ......................................HB 1354 Railroad Companies; shall not operate remote controlled locomotives....................... SB 325 Railroad Crossings; elimination; petition provisions .................................................HB 1254 Trains; operation, whistles, lights; remove certain provisions...................................HB 1022
RANDOLPH COUNTY Pataula Judicial Circuit; change certain terms of court..............................................HB 1373 Randolph County; homestead exemption; certain residents ......................................HB 1144
RAPE Campus Sexual Assault Information Act; establish written policy; enact ................... SB 538 Life Without Parole; imposed in certain cases under certain circumstances ............... SB 149
REAL ESTATE Carbon Sequestration Registry Act; provide information system of registry............... SB 356 Intangible Taxes; real estate transfer tax; change certain provisions............................. SB 69 Real Estate Closings; unfair trade practice; licensee conducting closing; remove provision........................................................................................................HB 1311 State Properties Commission; convey real estate in Butts County; authorize.............. SR 589 Superior Court Clerks' Cooperative Authority; filing fees; real estate and personal property.......................................................................................................... SB 195
REAL ESTATE; APPRAISERS Nuisance Abatement Liens; collection procedures; foreclosures................................. SB 182
REAL ESTATE; BROKERS AND SALESPERSONS; TRANSACTIONS Real Estate Closings; unfair trade practice; licensee conducting closing; remove provision........................................................................................................HB 1311 Registered Public Accountants; certification as CPA; repeal provisions .................... SB 449
REAPPORTIONMENT (Also see Elections) House of Representatives; reapportionment; election from single-member districts ......................................................................................................................... SR 108 Election Districts; legislative and congressional reapportionment; specify requirements; community of interest.............................................................................. SB 91

1873

3780

INDEX

Elections; congressional districts; composition and number ....................................... SB 135 House Districts; composition; qualifications; election; reapportionment .................... SB 521 Senatorial Districts; apportionment and qualifications; change composition .............. SB 239 Senatorial Districts; composition; number; apportionment.............................................. SB 2 Senatorial Districts; composition; qualifications; election; reapportionment .............. SB 522
RECREATION Landfill Sites; used for certain construction; required tests.........................................HB 495 Solid Waste Management; permitting of facilities; certain prohibition .....................HB 1083
REDEVELOPMENT POWERS LAW; COUNTIES AND MUNICIPALITIES General Obligation Bonds; authorize issuance bearing interest at variable rate ................................................................................................................................ SB 514 Redevelopment; tax allocation districts; amend certain provisions ...........................HB 1510
REGENTS RETIREMENT PLAN Teachers Retirement; University System employees; optional plan ............................ SB 253
REGIONAL DEVELOPMENT CENTERS Atlanta Regional Commission; certain counties; ratify partial incorporation............HR 1308 Regional Development Centers; ratify boundaries.....................................................HR 1402
RELIGION Premarital Counseling; financial incentive; marriage licenses ..................................HB 1451 Public Funding of Social Services; allow religious or sectarian organizations ........... SR 560 Public Schools; time period for students to express personal religious beliefs ............. SB 90 Ten Commandments and Acknowledgment of God; encouraging display.................. SR 786 Use of Public Money for Public Health/Social Services by Religious or Sectarian Organizations.................................................................................................... SR 1
REMERTON, CITY OF Remerton, City of; new charter ..................................................................................HB 1604
RENAL DISEASE; FACILITIES Health, Education, and Social Services; certain boards and councils; amend provisions ...................................................................................................................HB 1266
RESOLUTIONS; PRIVILEGED; EXPRESSING SENTIMENTS OF THE SENATE "Boy Scout Day" in Georgia; recognize....................................................................... SR 909 "High Tech Day" Proclaim February 25, 2004 ............................................................ SR 855 "Rhapsody in Rabun"; commend ................................................................................. SR 807 "Rural Health Day" in Georgia; commend................................................................... SR 696

1874

3781

INDEX

"Together, Tourism Works for Georgia"; tourism industry in Georgia; commend ...................................................................................................................... SR 697 4-H Day; Randall, Nekeisha; Ryles, Dr. Roger; Buchanan, Dr. Gale A; recognize ...................................................................................................................... SR 599 Abram, Jr., Milton L.; REDISCOVERY Outpatient Substance Abuse Clinic; commend ...................................................................................................................... SR 949 Academic Bill of Rights at Georgia Private and Public Universities; observance .................................................................................................................... SR 661 Agriculture; protection/preservation; unreasonable regulation; encroachment ........... SR 882 Albany-Dougherty County Day; recognize .................................................................. SR 716 Alexander, Dr. Cameron M.; honoring ...................................................................... SR 1004 Alpha Kappa Alpha Day at the Capitol; recognize ...................................................... SR 659 Alston, Gordon; honoring........................................................................................... SR 1079 Alton C. Crews Middle School; Pay for Performance Award; commend ................... SR 803 American Academy of Pediatrics; Georgia chapter; commend ................................. SR 1094 American History/Government; encouraging effective teaching................................. SR 877 American Red Cross Month; proclaiming March 2004 ............................................... SR 870 Amick, David; commend.............................................................................................. SR 746 Anderson, James O. 'Jim'; commend............................................................................ SR 620 Anderson, Thelma; recognizing ................................................................................. SR 1128 Aniton, Jr., Rev. Emmett S. and Aniton, Dorothy Rigby; commend ......................... SR 1061 Arrendale, Thomas Augustus, Jr.; honoring................................................................. SR 593 Ashworth, Lettie "Boots"; commend ........................................................................... SR 570 Athens First Bank and Trust Company; commend ...................................................... SR 888 Athens Voices of Truth; commend ............................................................................ SR 1002 Atlanta Job Corps Center; honoring........................................................................... SR 1076 Atlanta Motor Speedway Day at the Capitol................................................................ SR 733 Augusta National Golf Club; membership; expressing opposition to gender discrimination............................................................................................................... SR 413 Avery, Mr. Gene; recognizing.................................................................................... SR 1148 Ayers, Mr. Howard 'Doc'; commend............................................................................ SR 691 Ballou, Ms. Jennie Frost; condolences....................................................................... SR 1193 Balser, Meyer L.; condolences ..................................................................................... SR 991 Bank of America/Neighborhood Assistance Corporation of America (NACA); commend ...................................................................................................... SR 591 Barber, Jonathan; commend ......................................................................................... SR 613 Barfield, Captain Grover M; commend........................................................................ SR 826 Barker, Linda A.; commend ......................................................................................... SR 955 Barringer, Jennifer; recognizing................................................................................. SR 1167 Barrow, Dr. Joseph C., Jr.; commend .......................................................................... SR 598 Barry, Mr. Rick; Teacher of the Year; recognize....................................................... SR 1034 Battle, Miss Katrina Nychole; commend ..................................................................... SR 777 Baulkmon, Orlean; recognizing ................................................................................. SR 1123

1875

3782

INDEX

Beck, Mr. Ray; commend............................................................................................. SR 695 Bedingfield, Claire; recognizing ................................................................................ SR 1154 Bennett, Mrs. Rae Nell; commend ............................................................................... SR 954 Bennett, William B. "Billy"; commend........................................................................ SR 706 Bentley, James L. Jr.; condolences............................................................................... SR 573 Berkeley Lake Elementary School; commend ............................................................. SR 840 Berl, Scott D.; Outstanding Scholar; commend ........................................................... SR 939 Bernknopf, Mary Helen; recognizing......................................................................... SR 1194 Bill Malone Society; recognize .................................................................................. SR 1100 Black, Mr. John Larry; honoring.................................................................................. SR 757 Blodgett, Jan H.; recognize ........................................................................................ SR 1086 Board of Regents of University System of Georgia; meetings; maximize public access................................................................................................................. SR 862 Board of Regents/Education; student participation as poll workers; create avenue........................................................................................................................... SR 863 Bocinsky, Kyle; commend ......................................................................................... SR 1009 Boggs, Mr. Frank; recognizing................................................................................... SR 1179 Bone, Mrs. Joann; recognize ...................................................................................... SR 1098 Borrow, Mr. David A., "Mr. McDonald's"; honoring .................................................. SR 720 Bouie, Shirley; recognizing ........................................................................................ SR 1126 Boyle, David C.; Outstanding Scholar; commend ....................................................... SR 918 Brake, Sr., Mr. Charles Alfred "Charlie"; honoring................................................... SR 1191 Braselton Brothers Store; commend............................................................................. SR 842 Breeden, Dr. Ken; congratulate.................................................................................... SR 844 Bridges, Mr. Judson; Teacher of the Year; recognize................................................ SR 1036 Brinson, Captain Judson B.; condolences .................................................................. SR 1200 Brogan, Donna Jean; commend.................................................................................. SR 1168 Brookwood High School Broncos Cross Country Team; commend.......................... SR 1014 Brookwood High School Broncos Debate Team; commend ..................................... SR 1019 Brookwood High School Lady Broncos Swim Team; commend .............................. SR 1015 Brookwood High School Lady Broncos Swim/Dive Team; commend ..................... SR 1082 Brookwood High School; Pay for Performance Award; commend ............................. SR 804 Brothers, Walker; commend......................................................................................... SR 957 Brown, Johnny; honoring ........................................................................................... SR 1067 Bryan County; homestead exemption; urge board of commissioners to adopt .......... SR 1051 Bryan County; homestead exemption; urge commissioners to adopt for educational purposes .................................................................................................. SR 1052 Bryan, Jaret M.; recognize............................................................................................ SR 818 Bryant, Gerald; commend ............................................................................................ SR 987 Bunn Logging, Inc.; commend................................................................................... SR 1072 Butts, Dr. Calvin L.; commend .................................................................................... SR 790 Camden County High School Football Team; commend............................................. SR 627 Campbell, Andi; recognizing ..................................................................................... SR 1142

1876

3783

INDEX

Candler Hospital; recognize ......................................................................................... SR 996 Carrollton High School's 2004 State Champion Cheerleading Squad; commend ...................................................................................................................... SR 770 Cash, Joy L.; Outstanding Scholar; commend ............................................................. SR 919 Casleton, Kim; recognizing........................................................................................ SR 1145 Cedartown High School Competition Cheerleaders; commend................................... SR 764 Cedartown; 150th Anniversary; honoring .................................................................... SR 700 Chambliss, Nerissa; Outstanding Scholar; commend .................................................. SR 923 Chandler, Ms. Pam; Teacher of the Year; recognize ................................................... SR 710 Chesnut, Ashley; recognizing..................................................................................... SR 1197 Chestnut, Ashley; commend......................................................................................... SR 614 Childhood Obesity in Georgia; Senate Study Committee; create ................................ SR 960 China-America Partnership Delegation; Honorable Mo Wen Xiu; welcome .............. SR 823 Chinese Delegation, Wanzhou District; Sichuan Province, China; welcome .............. SR 701 Christine, Bobby L.; commend .................................................................................. SR 1053 Clarke Central High School Mock Trial Team; commend ........................................ SR 1001 Clay, Grace Maloy; condolences.................................................................................. SR 944 Clay, Honorable Chuck; commend ............................................................................ SR 1107 Clayton County Beautiful; recognize ........................................................................... SR 644 Clear Act; urging Congress to pass; President of U.S.A. to sign ................................. SR 574 Clinical Perfusionist; Physician's Assistants; certain licensures; amend provisions .....................................................................................................................HB 617 Clower, Mr. Emmett Jr.; honoring ............................................................................... SR 845 Cobb County; NAACP; recognize ............................................................................. SR 1087 Cohen, Jody Alyssa; commend .................................................................................. SR 1063 Cole, Lisa; Teacher of the Year; recognize................................................................ SR 1033 Coleman, Charlene; recognizing ................................................................................ SR 1125 Coleman, Mr. Stephen; Daedalus Capital, L.L.C.; recognize ...................................... SR 865 Collins Hill High School Eagles Swim Team; commend .......................................... SR 1017 Collins Hill High School Eagles Swim/Dive Team; commend ................................. SR 1083 Collins Hill High School Lady Eagles Cross Country Team; commend ................... SR 1016 Collins, Miss Christina Jessica; commend ................................................................... SR 776 Communities In Schools of Georgia, Inc.; commend .................................................. SR 970 Community Health Centers Day; recognize................................................................. SR 679 Congregation Shearith Israel; commemorate ............................................................... SR 738 Congressional Delegation; urge pass President Bush's 2003 Economic Growth/Tax Relief Plan ............................................................................................... SR 226 Connell, Honorable Jack; urge DOT to dedicate Riverwatch Parkway in Augusta, Georgia........................................................................................................ SR 1025 Cooper, Mr. Lee; recognizing .................................................................................... SR 1122 Cooper, Reverend Dr. David C.; commend ............................................................... SR 1096 Copeland, Alvin J.; commend .................................................................................... SR 1055 Cordele-Crisp County Fish Fry; recognize................................................................... SR 766

1877

3784

INDEX

Cosmetic Dental Coverings; urge removal of unlicensed providers............................HR 228 Court of Honor Drum and Bugle Corps; recognize ..................................................... SR 771 Coweta County African American Heritage Museum/Research Center; commend .................................................................................................................... SR 1046 Craig, Casey; commend................................................................................................ SR 975 Crimm, Dr. Harlon; "Pacesetter of the Year"; commend ............................................. SR 801 Crisis Pregnancy Centers/Supportive, Dedicated Individuals; honoring ..................... SR 868 Cronbaugh, Mary; commend...................................................................................... SR 1078 Crosby, Stacie Renee; Outstanding Scholar; commend ............................................... SR 933 Crotts, Honorable Mike; commend ............................................................................ SR 1106 Cubino, Randolpho "Randy"; honoring ..................................................................... SR 1201 Cultural Competency in Medical Schools; Joint Study Committee; create ................. SR 681 Daniel, Anna; recognize ............................................................................................... SR 606 Daniel, Josie Neshelle; Outstanding Scholar; commend.............................................. SR 914 Daughety, Frenasee; commend .................................................................................... SR 783 Daves, Evah Kathryn; congratulations ....................................................................... SR 1103 David Bushnell Day in Georgia; declare August 30, 2004 ........................................ SR 1111 Davids, Rabbi Stanley M.; commend........................................................................... SR 890 Davis, General Raymond G.; condolences................................................................... SR 585 Davis, Johnathan M.; Outstanding Scholar; commend ................................................ SR 925 Davis, Katherine; recognizing.................................................................................... SR 1189 Davis, Lee; commend................................................................................................... SR 655 Davis, Sara; recognizing............................................................................................. SR 1146 Dawson County High School Wrestling Team; commend .......................................... SR 962 Deal, Kerri; recognizing ............................................................................................. SR 1165 Deason, Brenda; recognizing ..................................................................................... SR 1155 DeGarmo, Diana; commend....................................................................................... SR 1050 DeGarmo, Miss Diana; commend ................................................................................ SR 852 Dempsey, Reatha; commend ...................................................................................... SR 1057 Dental Hygienists' Appreciation Day; recognize ......................................................... SR 763 Designate; Aaron Cohn Regional Youth Detention Center .......................................HR 1530 Designate; Take Your Kids to Vote Day in Georgia; November 2.............................. SR 794 Designate; Veterans Memorial Highway; Banks County veterans; commend ..............HR 90 Dinkins, Valery; Teacher of the Year; commend......................................................... SR 707 Dishman, Leland; commend....................................................................................... SR 1003 Disque, Cody; commend ............................................................................................ SR 1047 Dix, Thea; commend .................................................................................................... SR 834 Dixon, Christina; commend ......................................................................................... SR 663 Dixon, Mandy; recognizing........................................................................................ SR 1203 Donaldson, Charles R.; Outstanding Scholar; commend ............................................. SR 934 Dooley, Vincent 'Vince' J.; honoring............................................................................ SR 583 Doster, Agnes; commend ........................................................................................... SR 1175

1878

3785

INDEX

Dove Hunting; urge Natural Resources Board to adopt state-wide open season dates .................................................................................................................. SR 767 Dreschel, Allen; commend ......................................................................................... SR 1010 Dryden, Lieutenant Colonel Charles W.; honoring...................................................... SR 658 Duke, Nellie; commend................................................................................................ SR 793 Duke, Nellie; commend................................................................................................ SR 833 Dunn, Cathy; recognizing........................................................................................... SR 1163 Dunwoody Woman's Club; commend.......................................................................... SR 736 Durham Middle School Eighth Grade Symphonic Band; commend ........................... SR 849 Durkee, Wentworth Xavier (Pat); congratulate............................................................ SR 642 Ed Georgia, LLC; urge Governor to establish educational loan .................................. SR 624 Ellis, Mrs. Margarethia G.; honoring ........................................................................... SR 990 Ellison, Sherry; recognizing ....................................................................................... SR 1143 Elrod, Corporal Stanley; Peace Officer of the Year for Meritorious; commend ...................................................................................................................... SR 631 Empire Board of Realtists, Inc.; recognize................................................................... SR 727 Environmental Director; urge to consider lifting moratorium on water new ground-water withdrawal permits ................................................................................ SR 904 Equal Pay Day; recognize............................................................................................. SR 854 Evans High School in Columbia County; commend.................................................... SR 712 Evans, Damon; University of Georgia Athletic Director; recognize ........................... SR 584 Everhart, Sue; recognizing ......................................................................................... SR 1181 Family, Career, Community Leaders of America (FCCLA); recognize ...................... SR 705 Family, Career, Community Leaders of America Week in Georgia; recognize February 8-14, 2004 ...................................................................................................HR 1195 Farrow, Miss Shannon; commend................................................................................ SR 778 Firefighters Recognition Day ....................................................................................... SR 640 First American Bank/Trust Company; commend......................................................... SR 887 Flanders, Ms. Katherine "Kelly"; commend ................................................................ SR 711 Fletcher, Jimmie Ray; remembering .......................................................................... SR 1207 Follow Me Foundation, Inc.; recognize ....................................................................... SR 968 Folsom, Reverend and Mrs. Donald Lee; congratulating ............................................ SR 986 Forestry Day at the Capitol; recognize ......................................................................... SR 715 Forsyth County Public Library System; commend....................................................... SR 671 Fox-Genovese, Elizabeth; commend............................................................................ SR 959 Francis, Kevin L.; Outstanding Scholar; commend ..................................................... SR 935 Franklin, Bobby; U.S. Army National Guard Staff Sergeant; honoring ...................... SR 647 Freeman Elementary School; recognize ....................................................................... SR 713 Frisch, Matthew; commend .......................................................................................... SR 649 Frisch, Michael; commend ........................................................................................... SR 650 Fulton, Robert (Bob) E.; condolences .......................................................................... SR 848 Gambill, Dr. Bill; congratulate..................................................................................... SR 634 Gambill, Mr. Bill; congratulate .................................................................................... SR 825

1879

3786

INDEX

Garden Club of Georgia, Inc.; commend ..................................................................... SR 735 Garrett, Miss Fallon Beth; recognize ........................................................................... SR 765 Gay, Dr. R. Derril; commend ....................................................................................... SR 785 Georgia Army National Guard; 265th Engineer Group; commend ........................... SR 1110 Georgia Association of Educational Leaders; recognize ............................................. SR 859 Georgia Association of Educators Legislative Conference Day; recognize ................ SR 773 Georgia Chapter of Sierra Club; recognizing............................................................. SR 1185 Georgia Congressional Delegation; request to pass lifetime/retirement accounts ........................................................................................................................ SR 730 Georgia Congressional Delegation; support President's effort to protect U.S. ............ SR 732 Georgia Conservation Voters; recognize ................................................................... SR 1085 Georgia Department of Community Health-Office; "GRACE" symposium; recognize ...................................................................................................................... SR 943 Georgia Department of Corrections; recognize............................................................ SR 577 Georgia Department of Public Health; recognize ........................................................ SR 725 Georgia Farm Bureau Federation; commend ............................................................... SR 633 Georgia Fire Service Long-Range Improvement Program; express support ............... SR 898 Georgia Hospital Association; commend..................................................................... SR 739 Georgia Institute of Technology Beta Alpha Chapter of Theta Xi; commend........... SR 1171 Georgia National Fair; Agricultural Awards of Excellence; congratulate ................... SR 637 Georgia Nurses Week at the State Capitol; commend ............................................... SR 1044 Georgia Optometric Association; commend ................................................................ SR 717 Georgia's Battery D of the 214th Coast Artillery Anti-Aircraft Regiment; commend ...................................................................................................................... SR 885 GHSGT Awareness Day in Savannah, Georgia ........................................................... SR 653 Gladiators, Inc.; commend ......................................................................................... SR 1048 Goodman, Ms. Gwendolyn; remembering ................................................................... SR 900 Goodson, Marta; commend .......................................................................................... SR 702 Graham, Mr. Sean; commend....................................................................................... SR 621 Gray, Betty; commend.................................................................................................. SR 814 Grayson High School Junior Varsity Science Team; commend ................................ SR 1021 Grayson High School Rams Girls Softball Team; commend..................................... SR 1029 Grayson High School Varsity Science Team; commend ........................................... SR 1020 Great Lakes of Georgia; urge inclusion of additional lakes on website....................... SR 799 Green, Debbie; recognizing........................................................................................ SR 1164 Greene, Mrs. Eva Jewell "Mother Greene"; honoring ................................................. SR 665 Greer, Richard; commend ............................................................................................ SR 604 Grimes, Mr. Randall; recognizing.............................................................................. SR 1121 Guido, Dr. Michael; commend..................................................................................... SR 689 Gunter, Judge Jack N. condolences.............................................................................. SR 811 Gupta, Monique; Outstanding Scholar; commend ....................................................... SR 936 Guthrie, Sarah; recognizing........................................................................................ SR 1116 Guy, Colonel Robert; recognize ................................................................................... SR 974

1880

3787

INDEX

Haas, Jeffrey M.; commend.......................................................................................... SR 726 Habersham Bank; congratulate .................................................................................. SR 1077 Habitat for Humanity Day; recognize .......................................................................... SR 774 Hale, Reverend Dr. Cynthia L.; commend ................................................................... SR 886 Hall, Amelia; recognizing .......................................................................................... SR 1127 Hall, Reverend Paul Victor "Buck"; honoring ............................................................. SR 999 Halpern, Jack; commend ............................................................................................ SR 1090 Hampel, Cheryl; recognizing...................................................................................... SR 1152 Hanson, Jr., D. Scott; commend ................................................................................. SR 1202 Hardman III, Lamartine G.; honoring .......................................................................... SR 718 Harris, Narvie J.; honoring ......................................................................................... SR 1041 Harrison, Julie; commend............................................................................................. SR 747 Harrison, Raymond; commend..................................................................................... SR 821 Hartin, Karen; recognizing ......................................................................................... SR 1112 Hasty, Honorable William G. 'Bill' Sr.; condolences ................................................... SR 587 Hawkinsville High School Red Devils Football Team; commend .............................. SR 597 Health Effects of Pesticides; Joint study committee; create......................................... SR 871 Henderson, Nancy; commend ...................................................................................... SR 899 Henry McNeal Turner Tribute Commission; create..................................................... SR 682 Herring, Mr. Michael; Teacher of the Year; recognize.............................................. SR 1031 Hesler, Kathy; recognizing......................................................................................... SR 1131 Heyman, Heather Elizabeth; Outstanding Scholar; commend ..................................... SR 931 Hidden Lake Academy; Lumpkin County; commend.................................................. SR 966 Highsmith, Steven; commend ...................................................................................... SR 657 Hill, Cori; Outstanding Scholar; commend .................................................................. SR 928 Hill, Mr. Guy, Sr.; honoring ......................................................................................... SR 837 Holland, Christopher J.; U.S. Army Specialist; honoring ............................................ SR 572 Holloway, Amy; commend........................................................................................... SR 643 Holloway, Cynthia; recognizing................................................................................. SR 1113 Holloway, Jamey Officer; Peace Officer of the Year for Valor; commend................. SR 630 Holsworth, Elliott E.; commend................................................................................... SR 594 Home Depot; recognizing ............................................................................................ SR 965 Horne, Jelynn; recognizing......................................................................................... SR 1156 Hough, Carol; commend .............................................................................................. SR 820 House of Representatives; tax benefits to companies that provide health benefits ......................................................................................................................... SR 864 Howell, Hilton H. Jr.; commend .................................................................................. SR 623 Hud, Dr. J. A.; honoring............................................................................................... SR 687 Human Resources, Department of Community Health; urge to take actions for people with certain disabilities ............................................................................... SR 784 IMPACT, Inc.; recognize ........................................................................................... SR 1088 Improved Benevolent and Protective Order of Elks of the World; recognizing ................................................................................................................. SR 1204

1881

3788

INDEX

Improvement of Georgia's Pre-K Program, Joint Study Commission; create.............. SR 674 James, Anthony R.; recognize ...................................................................................... SR 958 Jamison, Chris; commend .......................................................................................... SR 1062 Jansen, Erin; recognize............................................................................................... SR 1099 Johnson, Corey S.; commend ....................................................................................... SR 884 Joiner, Brian Joseph; Outstanding Scholar; commend................................................. SR 921 Joint Early Learning Initiative Commission; create ..................................................... SR 760 Joint Study Committee on Tobacco Tax Evasion; create............................................. SR 769 Joint Study Committee on Truck and Highway Safety; create..................................... SR 669 Jones, Barbara; recognizing ....................................................................................... SR 1115 Jones, Mr. Jerome; commend....................................................................................... SR 703 Justice, Ashley; commend ............................................................................................ SR 609 Justus, Sam; commend ................................................................................................. SR 719 Kautex Textron Company of Lavonia; commend ........................................................ SR 808 Keels, Zelma Brewton; commend ................................................................................ SR 956 Keep Smyrna Beautiful; commend ............................................................................ SR 1089 Kennesaw State University Men's Basketball Team; commend ................................ SR 1064 Kennesaw State University Women's Soccer Team; congratulating ......................... SR 1054 Keshi, Honorable Joe, Consul-General of Nigeria; Africa Day at Capitol; commend ...................................................................................................................... SR 753 Khlifi, Khalil; commend............................................................................................... SR 615 Kimmer, Robert; commend ........................................................................................ SR 1007 King, Chad; commend.................................................................................................. SR 832 Kirkland, George M. Jr.; commend.............................................................................. SR 851 Knight, Jenna; commend .............................................................................................. SR 610 Kohler, Debbie; commend ......................................................................................... SR 1008 Lackey, Dennis E.; Outstanding Scholar; commend.................................................... SR 930 Lacy, Sr., Mr. Jerry; commend..................................................................................... SR 751 LaGrange High School Grangers Football Team; honor ............................................. SR 638 Lake, Sue; saluting civic and community success...................................................... SR 1177 Lam, Hope; commend ................................................................................................ SR 1012 Lamar Advertising; commend...................................................................................... SR 571 Lamkin, Mr. William Pierce "Bill"; condolences ...................................................... SR 1190 Lamutt, Senator Robert; honoring.............................................................................. SR 1092 Landers, Coach Andy; commend ................................................................................. SR 724 Lanier, Mallory Layne; Outstanding Scholar; commend ............................................. SR 941 Lathe, Joel; Eagle Scout; commend ........................................................................... SR 1084 Laughlin, Melinda; commend ...................................................................................... SR 525 Lawrence, Karen; commend....................................................................................... SR 1005 Lee, Melissa; commend................................................................................................ SR 608 Lester, Honorable James L.; commend ........................................................................ SR 722 Lewis, Bessy; commend............................................................................................... SR 607 Lewis, Loni; commend................................................................................................. SR 618

1882

3789

INDEX

Lewis, Mr. Jamal; honoring ......................................................................................... SR 758 Lindsey Elementary School; honoring ......................................................................... SR 980 Lindsey, Mr. Eddie; recognizing ................................................................................ SR 1133 Littleton, Ms. Kimberly; commend .............................................................................. SR 953 Lockheed Martin C-130 Hercules; "Year of the Hercules"; honoring......................... SR 872 Lockheed Martin C-130 Hercules; "Year of the Hercules"; honoring......................... SR 875 Lumley, Tony M.; Georgia State Patrol Trooper; honoring....................................... SR 1206 Lunceford, Mr. Bobby; recognizing........................................................................... SR 1195 Lyle, James M. "Jim"; commend.................................................................................. SR 948 Lynn, Matthew William; Eagle Scout; recognize ........................................................ SR 568 Mandatory Death Reporting in Compensated Care; Senate Study Committee; create ............................................................................................................................ SR 967 Manio, Hildagine; recognize ...................................................................................... SR 1173 Marietta Fire Department; commend ........................................................................... SR 789 Marietta Fire Department; commend on 150 years of service ...................................HR 1045 Marist High School War Eagles Football Team; commend......................................... SR 666 Marshall, Aksana; Outstanding Scholar; commend ..................................................... SR 917 Marshall, Elise Danielle; commend ............................................................................. SR 741 Marshall, Nicholas M.; Outstanding Scholar; commend ............................................. SR 937 Martin, Terasa; commend........................................................................................... SR 1018 Massey, Marie; recognizing ....................................................................................... SR 1132 Maxwell High School of Technology; recognize......................................................... SR 880 Mayhue, Justin Allen; commend .................................................................................. SR 742 McCachren, Megan; commend .................................................................................... SR 622 McClure, Randy; commend........................................................................................ SR 1095 McCoy, Hannah; commend.......................................................................................... SR 617 McCurdy, Jr., Walter; honoring ................................................................................. SR 1065 McDonald, Chris; commend ........................................................................................ SR 656 McDonnell, Jennifer Lenore; Seabaugh, Ryan Wayne; congratulating ....................... SR 963 McGee, Barry; Outstanding Scholar; commend .......................................................... SR 913 McGee, Donna Renae "Peanut"; condolences ........................................................... SR 1184 McGhee, Dorothy; recognizing .................................................................................. SR 1136 McKenzie, Elaine; recognizing .................................................................................. SR 1160 McKeown, Mr. Mac; recognizing .............................................................................. SR 1120 McKerrow, Mr. George Jr. and Ted's Montana Grill; commend ................................. SR 762 McNamara, Corry; commend ....................................................................................... SR 816 McSavenay, James; Eagle Scout; commend .............................................................. SR 1023 Medical Association of Atlanta; commend .................................................................. SR 905 Meeks, Clayton; commend........................................................................................... SR 602 Melroy, Samantha Monique; commend ..................................................................... SR 1068 Memorial Health; recognize....................................................................................... SR 1013 Merletti, Marty; commend.......................................................................................... SR 1097 Middlebrooks, Johnny; commend ................................................................................ SR 779

1883

3790

INDEX

Midway Church and Society; congratulate .................................................................. SR 983 Midway Church and Society; congratulate .................................................................. SR 984 Mindingall, Loretta; recognizing................................................................................ SR 1129 Missile Defense System; declare support..................................................................... SR 232 Mitchell, Alicia; recognize ......................................................................................... SR 1102 Moody, Christopher Jamall; honoring........................................................................ SR 1042 Moore, Gina; commend................................................................................................ SR 748 Morehouse School of Religion; Founders' Day observance; recognize....................... SR 772 Morris, III; Mr. W.S. and The Augusta Futurity; commend ........................................ SR 750 Morton, Mr. Jack; recognizing ................................................................................... SR 1188 Moss, Mr. W. M.; commend ........................................................................................ SR 693 Mossy Oak Music Park; recognizing ......................................................................... SR 1049 Motorcycle Awareness and You Month; recognize month of May, 2004 ................... SR 673 Moultrie, Robert L; commend.................................................................................... SR 1186 Mullin, Leo F.; honoring .............................................................................................. SR 641 Murphy-Harpst Children's Center; commend .............................................................. SR 699 Myers, Dr. Lee; commend.......................................................................................... SR 1071 Myers, Dr. Lee; commend.......................................................................................... SR 1073 National Guard Day; recognize .................................................................................... SR 795 Natural Resources Department; Commissioner Lonice Barrett; commend ................. SR 782 Natural Resources; urged to propose hiking trail named for President Jimmy Carter ............................................................................................................................ SR 878 New Georgia Encyclopedia; acknowledge and express appreciation .......................... SR 625 Newnan Utilities; commend ....................................................................................... SR 1192 Nicholas, Jay; Eagle Scout; commend ....................................................................... SR 1022 North Clayton Athletic Association Cheerleaders; commend...................................... SR 906 North Georgia College/State University; Patriot Choir; commend.............................. SR 813 Northview High School Titans Golf Team; commend ................................................ SR 582 Nye, Mr. William; Teacher of the Year; recognize.................................................... SR 1037 Ocmulgee/Altamaha Rivers; urge Congress to protect land in a continuous corridor ......................................................................................................................... SR 755 Okpala, Jane A.; Outstanding Scholar; commend........................................................ SR 920 Old Bark Camp Baptist Church; commend.................................................................. SR 590 Oliver, Jennifer; recognizing...................................................................................... SR 1153 Omonuwa, Toma S.; Outstanding Scholar; commend ................................................. SR 916 Orso, Chris; commend.................................................................................................. SR 654 Osteoporosis Month in Georgia; recognize May 2004................................................. SR 835 Overby, Deborah; recognizing ................................................................................... SR 1157 PAGE Day on Capitol Hill ........................................................................................... SR 648 Panter, Gordon; Eagle Scout; commend .................................................................... SR 1060 Parents; urged to take their children with them to vote................................................ SR 672 Parker, Amy; recognizing........................................................................................... SR 1141 Parker, Leesa; commend .............................................................................................. SR 586

1884

3791

INDEX

Parker, Linda H.; recognize........................................................................................ SR 1091 Parker, Pamela; recognizing....................................................................................... SR 1161 Parks, Mr. Robert L.; commend ................................................................................... SR 694 Parkview High School Panthers Wrestling Team; commend .................................... SR 1030 Partnership for Health and Accountability; commend ................................................. SR 780 Patel, Yogin P.; Outstanding Scholar; commend ......................................................... SR 924 Paulk, Shirley; recognizing ........................................................................................ SR 1135 Payne, Lt. Col. (Ret) Terry; condolences ................................................................... SR 1000 Peanut Butter and Jelly Day at the Capitol; commend ................................................. SR 841 Pearl Stephens Elementary School; recognize ............................................................. SR 981 Penton, Christina; recognizing ................................................................................... SR 1162 Perry High School's 2004 Competition Cheerleading Squad; commend ..................... SR 976 Perry Primary School; honoring ................................................................................... SR 978 Perry, Dr. H. William; commend ................................................................................. SR 893 Pescia, Felicita; recognizing....................................................................................... SR 1118 Peters, Charlotte; recognizing ...................................................................................... SR 947 Peterson, Sandra; Teacher of the Year; recognize ..................................................... SR 1032 Phebe Callaway Robinson/Callaway Blue Springs Water Company; commend ...................................................................................................................... SR 992 Phillips, Kelli; Teacher of the Year; recognize ............................................................ SR 709 Phillips, Lindsey Nicole; Outstanding Scholar; commend........................................... SR 927 Pinckneyville Middle School; commend...................................................................... SR 853 Pinewood Christian Academy Girls Basketball Team; commend ............................... SR 896 Pinewood Christian Academy Girls Softball Team; commend.................................... SR 894 Pinewood Christian Academy Varsity Cheerleaders; commend.................................. SR 895 Pinholster, Dr. Garland; commend............................................................................... SR 756 Pitman, Brandon; commend ......................................................................................... SR 684 Pitts, Valerie; recognizing .......................................................................................... SR 1137 Plasma Arc; recognized as viable/effective renewable source of energy .................. SR 1024 Pledger, Mary; recognize.............................................................................................. SR 752 Poole, Tyler; commend ................................................................................................ SR 605 Pratt-King, Patricia; recognizing................................................................................ SR 1159 Price, Daniel B.; Outstanding Scholar; commend........................................................ SR 922 Price, Honorable Tom; commend............................................................................... SR 1105 Promised Land Farm/2004 Collard Green Festival Parade; recognize ........................ SR 867 Puckett, Mr. Chase; recognize.................................................................................... SR 1081 Rainey, Dorothy Olyra Thomas; congratulations....................................................... SR 1074 Randall, Nekeisha; commend....................................................................................... SR 600 Randolph, Carolyn; recognizing................................................................................. SR 1140 Randolph-Clay High School Boys Basketball Team; commend................................ SR 1069 Raykin, Julia; Outstanding Scholar; commend ............................................................ SR 910 Raynor, Jennifer L.; Outstanding Scholar; commend .................................................. SR 938 Reidsville Lions Club; commend ............................................................................... SR 1080

1885

3792

INDEX

Reynolds, Mr. Jack; recognizing ................................................................................ SR 1149 Reynolds, Steve; commend .......................................................................................... SR 576 Rice, Angela; commend ............................................................................................... SR 749 Rice, Mia; recognizing ............................................................................................... SR 1117 Roberto, Alphonse L.; commend ................................................................................. SR 995 Roberton II, Honorable Charles T.; commend ........................................................... SR 1039 Roberts, Xavier; commend........................................................................................... SR 645 Robinson, Jr., Sergeant Vincent LaGeorge; honoring................................................ SR 1043 Rockdale County Parks and Recreation Department; recognize.................................. SR 723 Rooks, Jason; commend ............................................................................................. SR 1176 Rosse, Mr. Vincent; commend ..................................................................................... SR 677 Rucker, Reverend Raleigh; commend.......................................................................... SR 792 Rucker, Reverend Raleigh; commend.......................................................................... SR 817 Rudat, Deirdre; commend .......................................................................................... SR 1011 Rutledge, Jennifer; recognizing.................................................................................. SR 1144 SafePath Children's Advocacy Center, Inc.; recognize................................................ SR 969 Sandy Springs Middle School; 8th Grade Career Day; recognize ............................... SR 806 Santini, Dorothy; recognizing .................................................................................... SR 1130 Savannah, City; Siege of Savannah re-enactment coordinators; commend ................. SR 662 Schloss, Eva Geiringer; honoring................................................................................. SR 857 Science, Arts, and Cultural Services, Funding of; Study Committee; create............... SR 325 Scope of Chiropractic Practice; Senate Study Committee; create................................ SR 680 Scott, Mr. Cortez T.; recognize .................................................................................... SR 734 Searcy, Major General William N.; commend ............................................................. SR 846 Seigler, Michael; recognizing..................................................................................... SR 1180 Sekaran, Anand; Eagle Scout; commend ................................................................... SR 1059 Senate Aides; 2004 Regular Session; commend .......................................................... SR 993 Senate Blue Ribbon Study Commission on Tort Reform; create................................. SR 961 Senate Interns; 2004 Regular Session; commend ........................................................ SR 994 Senate Study Committee on Excavation Safety; create................................................ SR 989 Senior Week at the Capitol; acknowledging the contributions of senior Georgians...................................................................................................................... SR 847 Sergeant at Arms/Doorkeepers; 2004 Regular Session; recognize ............................ SR 1075 Sexson, M.D., William Robert; commend ................................................................. SR 1056 Shelton, Brenda; recognizing ..................................................................................... SR 1138 Shepherd, Cynthia Lester; Outstanding Scholar; commend......................................... SR 940 Sheppard, Gareth R.; Outstanding Scholar; commend................................................. SR 945 Sherrod, Dr. Billie J.; honoring .................................................................................... SR 635 Sherrod, Dr. Billie J.; honoring .................................................................................... SR 824 Silver-Haired Legislature; commend ........................................................................... SR 819 Sirmans, Macy Marie; commend.................................................................................. SR 812 Skaff, Susan; recognizing........................................................................................... SR 1158 Skelton, M.D., W. Douglas; honor............................................................................... SR 791

1886

3793

INDEX

Slaton, Jean; commend................................................................................................. SR 788 Slosheye Trail Big Pig Jig; recognize .......................................................................... SR 982 Smith, Beth; recognizing............................................................................................ SR 1166 Smith, Elliott Houston; commend ................................................................................ SR 892 Smith, Harold; recognizing ........................................................................................ SR 1182 Smith, Joseph B.; commend ......................................................................................... SR 881 Smith, Miss Candace Yvette; commend ...................................................................... SR 775 Smith, Miss Kaitlin; commend..................................................................................... SR 714 Smith, Natalie; commend ............................................................................................. SR 616 Smith, Rev. William; honoring .................................................................................. SR 1205 Smith, Sybil B.; honoring............................................................................................. SR 973 South Gwinnett High School Comets Boys' Basketball Team; commend................... SR 988 Squires, Honorable Mary; commend.......................................................................... SR 1109 St. John Baptist Church; 135th Anniversary; congratulate .......................................... SR 721 State Agencies; encourage use of consulting services with information technology .................................................................................................................... SR 754 State University of West Georgia Cheerleading Teams; commend ............................. SR 831 Steele, Joe; commend ................................................................................................... SR 977 Stelling, Jr. Kessel D.; commend ............................................................................... SR 1178 Stephenson High School Girls' Basketball Team; commend..................................... SR 1070 Stevens, Mr. Don; honoring ......................................................................................... SR 619 Stewart, Lindsey R.; Outstanding Scholar; commend.................................................. SR 932 Stokes, Honorable Connie; recognizing..................................................................... SR 1199 Stutes, Mary Linda; Teacher of the Year; commend ................................................... SR 708 Swainsboro, City of; City of Excellence; commend .................................................... SR 636 Swindall, Sandra; commend......................................................................................... SR 745 Take a Loved One to the Doctor Day; recognize 9/21/04..........................................HR 1935 Talbot County Day; recognize...................................................................................... SR 838 Tankersley, Daniel; commend...................................................................................... SR 612 Tankersley, Daniel; recognizing................................................................................. SR 1198 Tanksley, Honorable Charles B. "Charlie"; commend............................................... SR 1104 Taylor, Mary Ellen; recognizing ................................................................................ SR 1139 Ten Commandments and Acknowledgment of God; encouraging display.................. SR 786 Tenet Healthcare Foundation and Tenet Georgia; commend....................................... SR 768 Tew, Terry; recognizing ............................................................................................. SR 1114 Third Day; christian music group; commend ............................................................... SR 815 Thomas, Albert Mansfield; commend.......................................................................... SR 743 Thomas, Donna; recognizing ..................................................................................... SR 1134 Thomas, Honorable Nadine; commend...................................................................... SR 1108 Thomason, Mr. Owen; congratulate............................................................................. SR 810 Thompson, Amy; recognizing .................................................................................... SR 1147 Thompson, Rita C.; Outstanding Scholar; commend................................................... SR 912 Thompson, Robert L. and Sally; commend................................................................ SR 1172

1887

3794

INDEX

Thornton, Cynthia; Outstanding Scholar; commend.................................................... SR 946 Tift County 4-H Poultry Judging Team; recognizing................................................. SR 1196 Tobacco Master Settlement Agreement; state's payment rights; request for proposals....................................................................................................................... SR 227 Tompkins, Paulette; commend ..................................................................................... SR 979 Toney Elementary School; recognizing ..................................................................... SR 1174 Towers, Admiral John Henry; authorizing portrait in state capitol.............................. SR 942 Townsend, Deena; recognizing .................................................................................. SR 1187 Traetto, Ms. Carol; commend....................................................................................... SR 796 Tran, Linh Uyen Thi; Outstanding Scholar; commend ................................................ SR 911 Transportation, Department; HOT lanes; request to study feasible implementation ............................................................................................................. SR 575 Travelgirl Magazine; commend ................................................................................... SR 891 Travers, Mr. Ben; recognizing ................................................................................... SR 1150 Truck/Highway Safety; Senate Study Committee; create .......................................... SR 1027 Turner, Jason Reginald; commend ............................................................................... SR 740 Turner, Mr. Ted and Ted's Montana Grill; commend .................................................. SR 761 Turner, Sr., Clyde; condolences ................................................................................... SR 908 Twiggs, Rep. Ralph; honoring ..................................................................................... SR 592 Ty Cobb Educational Foundation; recognize ............................................................... SR 798 U.S. Congress; urged to establish a domestic energy policy........................................ SR 874 U.S. Constitution; prior calls for convention to amend; rescind and repeal ..............HR 1343 U.S. President, Energy Department; urged to address rising price of Gasoline........... SR 998 U.S.A. Track and Field Recognition Day in Georgia; commend................................. SR 897 United States Congress; urge to abolish death tax permanently .................................. SR 729 United States Congress; urge to enact defense appropriations .................................... SR 731 United States Congress; urge to make federal tax cuts permanent .............................. SR 728 Vandergriff, Jeremy S.; Outstanding Scholar; commend............................................. SR 926 Venable, William Stephen "Billy"; Venable, William Coleman "Bill"; condolences ................................................................................................................ SR 1093 Vermiculture; branch of agricultural industry; define................................................HB 1101 Vinson, Mr. Tim; recognizing.................................................................................... SR 1151 Ward, Dr. and Mrs. Charles M.; commend .................................................................. SR 562 Ware, Reverend Joseph A.; recognize.......................................................................... SR 861 Ware, Robert Calhoun; Outstanding Scholar; commend ............................................. SR 915 Warnock, Carlton; commend...................................................................................... SR 1169 Washington, Justin Brooks; commend ......................................................................... SR 800 Watson, Brent; Outstanding Scholar; commend .......................................................... SR 929 Watson, Mr. Joseph Nathan; commend...................................................................... SR 1170 Watton, Vicki; commend............................................................................................ SR 1006 Webb, Ms. Jennifer G.; commend................................................................................ SR 686 Weinstein, Bruce; recognizing ................................................................................... SR 1066 Welborn, Mary Ruth; commend................................................................................... SR 685

1888

3795

INDEX

Welchel, Alicia Louise; commend ............................................................................... SR 683 West Georgia Wolverines Wheelchair Soccer Team; commend ................................. SR 860 Wetekam, Major General Donald J.; honoring ............................................................ SR 629 Wheeler, Sr., Mr. Morgan D.; recognize.................................................................... SR 1040 Whelchel, Reverend W. L.; commend ......................................................................... SR 809 Wicker, Jared; commend .............................................................................................. SR 744 Wieschhaus, Stephen; Eagle Scout; commend........................................................... SR 1058 Wigley, Brandon; commend......................................................................................... SR 873 Williams, Chastity; commend ...................................................................................... SR 603 Williams, Dorothy; recognizing ................................................................................. SR 1119 Williams, Honorable Tommie; congratulate ................................................................ SR 759 Williams, Matthew; commend ..................................................................................... SR 611 Williamson, Jr., Coy C.; honoring................................................................................ SR 985 Wills, Ms. Billie Ann; honoring................................................................................... SR 690 Wills, Ms. Billie Ann; honoring................................................................................... SR 830 Wilson, Daniel Henry; commend ................................................................................. SR 737 Wingard, Carol; recognizing ...................................................................................... SR 1124 Winterville, City; commemorating............................................................................. SR 1028 Womack, Ms. Jenny; congratulate ............................................................................... SR 805 Women in Construction Week; proclaiming March 7-13 ............................................ SR 688 Women's Day; Go Red for Women Day; recognize February 6, 2004 ........................ SR 670 Wood, Mr. Rick; Teacher of the Year; recognize ...................................................... SR 1035 Works Wonders Day .................................................................................................... SR 639 Wyatt, Mrs. Georgia; commend ................................................................................... SR 692 Yokneam and Megiddo Community Leaders; recognize ............................................. SR 628 Youmans, Andrew; Eagle Scout; commend............................................................... SR 1045 Youth Advisory Council of Columbus, Georgia; commend ........................................ SR 667 Zell Bryan Miller Tribute Commission; create ............................................................ SR 561
RESTAURANTS Common-Sense Consumption Act; enact...................................................................HB 1519
RETIREMENT AND PENSIONS Assistant District Attorneys; retirement; prior service credit....................................... SB 318 Community Service Boards; retirees; prohibit re-employment; exception ................HB 1568 Employees' Retirement; benefits for certain law enforcement officers, troopers and GBI agents; age 55 or 25 years................................................................ SB 152 Employees' Retirement; certain court administrators; certain service credit...............HB 838 Employees' Retirement; certain members; purchase additional years .........................HB 480 Employees'Retirement; certain prior service; creditable service.................................HB 394 Employees' Retirement; certain temporary full-time service; credit ...........................HB 498 Employees' Retirement; creditable service; prior temporary full-time employees ..................................................................................................................... SB 305

1889

3796

INDEX

Employees' Retirement; disability benefits; maximum compensation ......................HB 1034 Employees' Retirement; forfeited leave; include from prior service ...........................HB 746 Employees' Retirement; group term life insurance; definition ....................................HB 607 Employees' Retirement; Indigent Defense Council; change designation ..................HB 1137 Employees' Retirement; law enforcement personnel; enhanced benefits; age and service.................................................................................................................... SB 212 Employees' Retirement; Prosecuting Attorneys' Council; certain prior service credit; provisions..............................................................................................HB 878 Employees' Retirement; reduced retirement allowance and partial lump sum payment; provisions......................................................................................................HB 914 Employees' Retirement; secretaries of appellate/superior court judges, DAs; creditable service............................................................................................................ SB 98 Employees' Retirement; spouse's survivor benefits; change of beneficiaries..............HB 609 Employees'/Judicial Retirement; certain membership; creditable service...................HB 923 Employees'/Judicial Retirement; prior service as assistant district attorney; service credit.................................................................................................................HB 753 Judges of the Probate Courts Retirement; designated surviving beneficiary...............HB 739 Judicial Retirement; certain creditable service.............................................................HB 557 Judicial Retirement; certain judges; transfer from Employees' Retirement .................HB 976 Judicial Retirement; Fulton County State Court judges; membership .........................HB 441 Law Enforcement Officers/Agents; retirement benefits .............................................. SB 114 Legislative Retirement; General Assembly; membership; prior service......................HB 300 Local Boards of Education; certain benefits; authorize funds .....................................HB 328 Magistrates Retirement Fund; create............................................................................HB 618 Peace Officers' Annuity and Benefit; creditable service for certain prior service.........................................................................................................................HB 1027 Peace Officers' Benefit Fund; membership; county jail officers.................................. SB 189 Retirement and Pensions Code; corrections...............................................................HB 1246 School Readiness; change name to Bright from the Start; revise ................................ SB 456 State Employees' Retirement Options; early retirement incentives ............................. SB 159 State Employees' Retirement; development and implementation of options; early retirement incentives ........................................................................................... SB 126 State Personnel Board; special pay plan for deferred payment; define terms .............. SB 486 State Retirement Plan Options; Joint Study Committee; create ................................... SR 107 Superior Court Clerks' Retirement; 8 years service; benefits.....................................HB 1036 Superior Court Clerks' Retirement; death of spouse; full benefit restored ..................HB 234 Teachers Retirement; contribution rate; certain reduction ...........................................HB 267 Teachers Retirement; creditable service in a local school system. ................................ SB 30 Teachers Retirement; creditable service; certain independent school system service........................................................................................................................... SB 226 Teachers Retirement; creditable service; prior independent school service ............... SB 141 Teachers Retirement; reduced retirement allowance and partial lump sum payment; provisions......................................................................................................HB 917

1890

3797

INDEX

Teachers Retirement; re-employment of retired teachers; provisions..........................HB 366 Teachers Retirement; University System employees; optional plan ............................ SB 253
REVENUE BONDS General Obligation Bonds; authorize issuance bearing interest at variable rate ................................................................................................................................ SB 514
REVENUE BONDS; COUNTIES, MUNICIPALITIES, OTHER ENTITIES Bonds; cap issuance; definitions; Georgia State Finance and Investment Commission.................................................................................................................. SB 515 General Obligation Bonds; authorize issuance bearing interest at variable rate ................................................................................................................................ SB 514 Revenue Bonds; issuance of obligations; change certain provisions ........................... SB 274 Revenue Bonds; redefine undertaking; remove certain referendum requirement...................................................................................................................HB 689
REVENUE, DEPARTMENT OF; STATE ADMINISTRATIVE ORGANIZATION, ADMINISTRATION, AND ENFORCEMENT
Employees' Retirement; law enforcement personnel; enhanced benefits; age and service.................................................................................................................... SB 212 Firearm Dealers; transfer of authority; criminal background check; definitions..................................................................................................................... SB 528 Income Tax; qualified biotech. businesses; transfer of credit; conditions ................... SB 558 Revenue Laws; erroneous tax lien; correction provisions..............................................HB 58 Revenue, Department of; certain disclosure; taxpayer records ..................................HB 1461 Revenue, Department of; administration; duties; official office location...................... SB 56 Sales Tax; certain refunds; restrictions ......................................................................HB 1239 State/Local Tax Revision; uniform sales and use tax administration ........................HB 1437
RICHMOND COUNTY Designate; Woodpecker Trail Highway; 10 counties................................................... SR 843 Designate; Woodpecker Trail; Richmond County ....................................................... SR 646 Richmond County; authorize conveyance of state property......................................... SR 704
RIVERS, LAKES, AND HARBOR DEVELOPMENT Bona Fide Conservation Use Property; undeveloped riverside/streamside lands............................................................................................................................HB 1107 Comprehensive State-Wide Water Planning Management Act; enact; Water Council; create..............................................................................................................HB 237 Flint River Drought Protection Act; issuance of ground water withdrawal permits; prohibit moratorium ....................................................................................... SB 614 Natural Resources; conservation rangers; powers; watercraft inspection..................HB 1185 River and Harbor Dredging; beach replenishment.......................................................HB 727

1891

3798

INDEX

Savannah River Site; urge Congress to restore radiation monitoring program............ SR 964 Shore Protection and Coastal Marshland Protection Committees; change membership; quorum..................................................................................................HB 1382 Spear Fishing in Certain Waters; authorize................................................................HB 1095 Surface/Ground Water; interbasin and intrabasin transfers; regulate ........................HB 1615 Water Resources; comprehensive state water planning to control pollution and surface-water use; ground-water permits; river basin plans.................................. SB 180
ROCKMART, CITY OF Rockmart, City of; homestead exemption; certain residents......................................HB 1824 Rockmart, City of; new charter ..................................................................................HB 1569
ROME, CITY OF Rome, City of; homestead exemption; certain residents ............................................HB 1798 Rome, City of; school building authority; create .......................................................HB 1763
ROSWELL, CITY OF Roswell, City of; mayor pro tempore; election ..........................................................HB 1312
RURAL AREAS; PHYSICIANS ASSISTANCE Health, Education, and Social Services; certain boards and councils; amend provisions ...................................................................................................................HB 1266
S
SAFE PLACE FOR NEWBORNS Abandoned Child Protection Act; newborns left at medical facilities; penalty ........... SB 186
SALES AND USE TAX (Also see Taxation and Revenue) Joint County/Municipal Sales Tax; 2% levy by consolidated governments ................HB 287 Local Government; incorporation of villages; definitions; procedures ....................... SB 605 Local Sales Tax; special county 1 percent sales tax; water and sewer projects.........HB 1612 Motor Vehicles; certificates of title; payment of sales tax...........................................HB 560 Property Involved With Illegal Drug Activities; enhanced penalties........................... SB 324 Sales Tax Exemption; certain symphony halls...........................................................HB 1511 Sales Tax Exemption; certain tangible personal property; certain corporate attractions ...................................................................................................................HB 1528 Sales Tax Exemption; ice; processing and storing poultry and vegetables................HB 1409 Sales Tax Exemption; nonprofit organizations providing child services...................HB 1744 Sales Tax Exemption; overhead materials; certain government contractors..............HB 1238 Sales Tax Exemption; school supplies; clothing; computers; limited time................HB 1184 Sales Tax Exemption; wax and dies used by military ................................................HB 1105 Sales Tax on Motor Fuel; proceeds for local assistance road programs ...................... SR 159

1892

3799

INDEX

Sales Tax; applicable to commerce and trade; definitions ............................................. SB 62 Sales Tax; certain refunds; restrictions ......................................................................HB 1239 Sales Tax; dealers' returns; retail sales tax data by location of sale ............................. SB 107 Sales Tax; educational purposes; change certain imposition requirements ................. SR 580 Sales Tax; educational purposes; local boards; performance audit..............................HB 346 Sales Tax; exempt biotechnology research, development; conditions/limitations ................................................................................................... SB 557 Sales/Motor Fuel Taxes; dealers and distributors; amend provisions........................HB 1459 Service Delivery; funding; comprehensive provisions...............................................HB 1714 Special County 1% Sales Tax; annual publication of audit .......................................HB 1414 State and Local Tax Revision; uniform sales and use tax administration..................HB 1437 State and Local Taxation, Financing, and Service Delivery Revision Act of 2004; enact ...................................................................................................................HB 709 State Public Transportation Fund; priority of expenditures and allocation of funds ...........................................................................................................................HB 1295
SANDY SPRINGS Sandy Springs Study Commission; creating ................................................................ SR 323 Sandy Springs, City of; incorporation and charter ......................................................... SB 49
SAVANNAH, CITY OF Chatham County and City of Savannah; homestead exemption; unremarried surviving spouse .........................................................................................................HB 1731 Savannah River Site; urge Congress to restore radiation monitoring program............ SR 964 Savannah River; Joint Port Authority Study Committee; proposed operation on both north and south sides of river .......................................................................... SR 271 Savannah, City of; homestead exemption; unremarried surviving spouse.................HB 1729
SCHOOL BUSES Crimes Against Public School Employees; redefine school property; school bus drivers; mandatory training..................................................................................HB 1179 School Bus Drivers; annual mandatory training; equipment; safety procedures; 'Aleana's Law' ........................................................................................... SB 143
SCHOOL READINESS, OFFICE OF Student Achievement, Office of; create; comprehensive revisions regarding education accountability............................................................................................... SB 248
SCHOOLS "Spread the Word Program Act"; provide for children/schools that need additional books ........................................................................................................... SB 554 American Heritage in Education Act; writings posted in public school building......................................................................................................................... SB 394

1893

3800

INDEX

Athletic Trainers; licensing; exceptions .....................................................................HB 1394 Charter Schools Act; virtual charter schools; provide construction............................. SB 203 Charter Schools; funding; facilities fund; surplus property; bulk purchasing.............. SB 216 Crimes Against Public School Employees; redefine school property; school bus drivers; mandatory training..................................................................................HB 1179 Education Laws; amend provisions............................................................................HB 1190 Education; bullying by students; amend provisions ...................................................HB 1125 Education; certified school social worker specialists; salary increase .........................HB 320 Education; core curriculum; conform to national standards ......................................HB 1406 Education; required courses in history and government; State Board prescribe .....................................................................................................................HB 1048 Education; standard grading system for K-12; urge Board study issue .....................HR 1346 Electronic Textbooks; make available to local boards, schools, and students .............HB 363 Georgia Academic Placement and Promotion Policy; amend certain provisions ...................................................................................................................HB 1310 Georgia Schools; promote health education/physical activity ..................................... SR 578 Home Study Programs; qualifications of tutors .........................................................HB 1428 HOPE Scholarships; eligibility; amend provisions ....................................................HB 1325 HOPE Scholarships; eligibility; schools with certain accreditation...........................HB 1011 Interscholastic or Intramural Extracurricular Athletic Policy; provisions .................HB 1626 Landfill Sites; used for certain construction; required tests.........................................HB 495 Local Boards of Education/School Councils; amend provisions ...............................HB 1208 Local School Taxation; five mill share funds; calculations ........................................... SB 99 Local School Taxation; five mill share funds; increased student population; capital expenditures...................................................................................................... SB 100 Parental Leave Act; enact...........................................................................................HB 1058 Public Schools; time period for students to express personal religious beliefs ............. SB 90 Sales Tax Exemption; school supplies; clothing; computers; limited time................HB 1184 Sales Tax; educational purposes; change certain imposition requirements ................. SR 580 School Attendance Officers; authority; certain peace officers; duties .........................HB 395 School Construction; access to public street or road; provisions...............................HB 1068 Schools; health education and physical activity; urge funding ..................................HR 1096 Student Achievement, Office of; create; comprehensive revisions regarding education accountability............................................................................................... SB 248 Student Achievement, Office of; education flexibility/accountability; revisions........................................................................................................................ SB 429 Teachers; rights in demotion and nonrenewal of contracts............................................ SB 19 Teacher-Student Ratios; provide maximum student-teacher ratios.............................. SR 660
SCRAP METAL PROCESSORS Registered Public Accountants; certification as CPA; repeal provisions .................... SB 449

1894

3801

INDEX

SCREVEN COUNTY State Service Delivery Regions; change regions 7 and 12 .........................................HB 1599
SEARCHES AND SEIZURES (Also see Criminal Procedures; Warrants) Appeals; postconviction DNA testing; procedure........................................................HB 599 Internet/Computer Safety Act; enact; offenses relating to internet contact with a child ................................................................................................................... SB 103 Personal Property in Custody of Law Enforcement Agency; disposition ....................HB 484
SEAT BELTS Seat Belts; child restraints; change age ........................................................................HB 217
SECRETARY OF STATE Ethics in Government; Financial Disclosure Reform Act of 2003; enact ....................... SB 3 Ethics, State Commission; powers; campaign contribution disclosure; accounting procedures; reported violations.................................................................. SB 168 Ethics; campaign contribution disclosure reports; electronic filing permitted............. SB 396 Ethics; conflicts of interest; code of ethics for government service; lobbying, nepotism, gifts, campaign contributors; comprehensive revisions............................... SB 108 Public Officers/Employees; certain property and records; preservation ....................HB 1026 Sheriff, Office of; nonpartisan elections ........................................................................ SB 26 Voters; application for fishing, hunting serve as registration; procedures................... SB 541 Voting; direct recorded electronic voting systems; provide voter printed record of the vote cast .................................................................................................. SB 340
SECURITIES Georgia Securities Act of 1973; stronger investor protections; civil penalties............ SB 488
SEED CAPITAL FUND Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431 Seed-Capital Fund; comprehensive revision of provisions........................................HB 1507
SELLING AND OTHER TRADE PRACTICES (Also see Commerce) Assisted Living Facilities; define and provide new category....................................... SB 422 Deceptive Practices; credit card solicitation; verify address........................................HB 656 Fair Business Practice Act; Consumer Advisory Board; complaint processing .......... SB 464 Gift Card Integrity Act; impose fee; definitions .......................................................... SB 618 Gift Card Integrity Act; unfair consumer transactions of gift cards............................. SB 443 Identity Fraud; violations; law enforcement investigations; consumer victims damages ........................................................................................................................ SB 349 Payday Lending; Deferred Presentment or Advance Cash Services; regulate unlawful transactions.................................................................................................... SB 157

1895

3802

INDEX

Public Accommodations; prohibit discrimination against motorcyclists ....................... SB 74 Public Accommodations; not exclude motorcyclist from access to or admission; violations; damages.................................................................................... SB 139
SENATE Adjournment; relative to ..............................................................................................HR 944 Adjournment; relative to ............................................................................................HR 1400 Adjournment; relative to ............................................................................................HR 1575 Adjournment; relative to ............................................................................................HR 1729 Adjournment; relative to ............................................................................................HR 1732 Adjournment; relative to ............................................................................................HR 1819 BROC; Budget Responsibility Oversight Committee; members; appointment and time of service ....................................................................................................... SB 330 Childhood Obesity in Georgia; Senate Study Committee; create ................................ SR 960 Connell, Honorable Jack; urge DOT to dedicate Riverwatch Parkway in Augusta, Georgia........................................................................................................ SR 1025 Effects of Illegal Immigration; Senate Study Committee; creating ............................. SR 827 Election Districts; legislative and congressional reapportionment; specify requirements; community of interest.............................................................................. SB 91 Georgia's Transportation Needs, Study Committee; create.......................................... SR 422 Hospital Indigent Care Funding Study Committee; create........................................... SR 416 Joint Session; address by President of United States ...................................................HR 942 Joint Session; Governor's Message; inviting Justices of Supreme/Court of Appeals......................................................................................................................... SR 567 Joint Session; message from Chief Justice of Supreme Court .....................................HR 945 Legislative Retirement; General Assembly; membership; prior service......................HB 300 Mandatory Death Reporting in Compensated Care; Senate Study Committee; create ............................................................................................................................ SR 967 Morning Roll Calls ......... Pages 1, 59, 70, 87, 105, 125, 142, 153, 181, 196, 245, 321, 397, 424, 456, 483, 514, 531, 551, 586, 607, 625, 956, 977, 999, 1019, 1043, 1074, 1169, 1229, 1280, 1312, 1492, 1666, 1705, 1849, 1913, 2155, 2542, 2921 Notify Senate; House convened ...................................................................................HR 943 Preservation of Evidence From Criminal Cases, Senate Study Committee; creating ......................................................................................................................... SR 321 Scope of Chiropractic Practice; Senate Study Committee; create ............................... SR 680 Senate Assisted Living and Long Term Care Study Committee; create ...................... SR 901 Senate Blue Ribbon Study Commission on Tort Reform; create................................. SR 961 Senate Convened; notify House of Representatives..................................................... SR 565 Senate Medicaid Study Committee; create................................................................... SR 461 Senate Rules; amend; Committee on Ethics, new name, powers, duties ..................... SR 122 Senate Septage Disposal Study Committee; create ...................................................... SR 997 Senate Study Committee on Excavation Safety; create................................................ SR 989 Senate Study Committee on Joint Sponsorship of Legislation; create......................... SR 903

1896

3803

INDEX

Senatorial Districts; apportionment and qualifications; change composition .............. SB 239 Senatorial Districts; composition; number; apportionment.............................................. SB 2 Senatorial Districts; composition; qualifications; election; reapportionment .............. SB 522 Special License Plates; General Assembly; change certain provisions......................HB 1588 Teleworking Study Commission; create ...................................................................... SR 447 Truck/Highway Safety; Senate Study Committee; create .......................................... SR 1027 Watershed Dams; committee to study safety issues ..................................................... SR 442

SENATORS

ADELMAN; excused .....................................................................................Pages 154, 2814

BALFOUR; excused ................................................................................................. Page 104

BLITCH; absence from Morning Roll Call Pages 1, 153, 182, 197, 322, 424, 456,

484, 626, 957, 1280, 1312, 1493, 1849

BLITCH; excused...................Pages 70, 397, 607, 998, 1074, 1168, 1705, 1990, 2154, 2542

BLITCH; explanation of vote on HB 1180 ............................................................. Page 1800

BOWEN; explanation of vote on SB 502.................................................................. Page 612

BOWEN; explanation of vote on SR 733.................................................................. Page 615

BOWEN; remove sponsorship from SB 432............................................................. Page 146

BROWN; absence from Morning Roll Call .............................................................. Page 197

BROWN; absence explained................................................................................... Page 1645

BROWN; excused ..................................................................................................... Page 611

BROWN; explanation of vote on HB 1248............................................................. Page 3166

BRUSH; excused............................................................................................Pages 522, 1705

BRUSH; explanation of vote SB 563...................................................................... Page 1519

BRUSH; explanation of vote HB 1253 ................................................................... Page 1693

BULLOCH; absence from Morning Roll Call ........................................................ Page 1849

BULLOCH; appointment to Appropriation Committee as Ex-Officio....................... Page 46

BULLOCH; excused ..........................................................................................Pages 70, 104

BUTLER; excused................................................................................................... Page 1864

BUTLER; Minority Report filed on HB 1028 ........................................................ Page 1843

CAGLE; excused................................................................................Pages 1203, 2742, 2936

CHEEKS; excused ...............................................................Pages 117, 152, 522, 2619, 2742

CHEEKS; explanation of vote on SR 786............................................................... Page 1255

CHEEKS; explanation of vote on HB 1415 ............................................................ Page 1726

CLAY; absence from Morning Roll Call .................................................................. Page 398

CLAY; excused ........................................Pages 455, 556, 586, 607, 1020, 1887, 2750, 3239

CLAY; explanation of vote on SB 395

..... Page 159

COLLINS; excused ...............................Pages 196, 245, 455, 1665, 1705, 1803, 1913, 2940

COLLINS; explanation of vote on HB 1028........................................................... Page 2321

CROTTS; absence from Morning Roll Call ..............................................Pages 63, 105, 456

CROTTS; explanation of vote on HB 1180 ............................................................ Page 1135

CROTTS; excused......................Pages 513, 552, 1023, 1190, 1522, 1808, 1853, 1913, 2542

DEAN; excused ..............................................................................................Pages 442, 1576

1897

3804

INDEX

DEAN; explanation of vote on SB 595 ................................................................... Page 1588 DEAN; explanation of vote on HB 1028 ................................................................ Page 2372 FORT; excused...................................................................................................Pages 70, 196 FORT; absence from Morning Roll Call..............Pages 60, 105, 197, 626, 1229, 1312, 1706 FORT; objection to Local Calendar; SB 49 .............................................................. Page 325

GILLIS; excused ........................................................................Pages 591, 1999, 2549, 3039

GOLDEN; excused .................................Pages 104, 141, 181, 321, 500, 513, 531, 551, 585,

607, 998, 1312, 1705

GOLDEN; absence from Morning Roll Call............................................................... Page 48

HALL; excused

Pages 181, 2775

HAMRICK; absence from Morning Roll Call............................Pages 531, 978, 1280, 1666 HAMRICK; excused ..............................................................................Pages 414, 531, 1665 HARBISON; excused.................Pages 125, 141, 365, 397, 514, 552, 586, 1043, 1710, 1990 HARBISON; absence from Morning Roll Call......................................................... Page 191 HARP; excused ......................................................Pages 998, 1018, 1665, 1711, 1848, 2655 HARP; explanation of vote on Local Calendar......................................................... Page 959 HENSON; excused...................................................................................Pages 125, 141, 531

HILL; excused ......................................Pages 540, 999, 1429, 1915, 2634, 2646, 2705, 2742

HILL; explanation of vote on SB 401

..... Page 186

HILL; explanation of vote on SB 502

..... Page 612

HOOKS; excused ...................................................................Pages 86, 105, 607, 1666, 2679

HOOKS; excused on HB 1028 pursuant to Rule 175, communication .................. Page 2191

HUDGENS; explanation of vote on HB 1180 ........................................................ Page 1800 JACKSON; excused .....................................................................Pages 189, 558, 1501, 1993 JACKSON; explanation of vote on SB 507 ............................................................ Page 1189 JACKSON; explanation of vote on SB 541 ............................................................ Page 1508

JACKSON; explanation of vote on HB 1028 ......................................................... Page 2372 JOHNSON; requested quorum call ........................................................................... Page 577 JOHNSON; excused.....................Pages 188, 455, 540, 1429, 1673, 1710, 2634, 2646, 3035

KEMP, R.; authorize Senator Meyer von Bremen to Chair Special Judiciary

meeting ................................................................................................................ ..... Page 997

KEMP, R.; excused....... Pages 86, 141, 181, 196, 245, 321, 423, 455, 483, 513, 530, 551,

593, 607, 625, 977, 1043, 1169, 1228, 1279, 1312, 1665, 1849, 2472, 2542, 2927, 3134

KEMP, R.; explanation of vote on HB 1180........................................................... Page 1155

LAMUTT; excused ................................................................................Pages 455, 998, 1864 LAMUTT; explanation of vote on SB 446 ............................................................... Page 591 LEE; excused........................................................Pages 397, 500, 554, 586, 998, 1569, 1665 LEE; explanation of vote on SB 513......................................................................... Page 986

LEE; resignation as Chairman of Reapportionment Committee ................................. Page 46

LEE; letter on Governor's nominees............................................................Pages 1491, 1830 LEE; appointed as Secretary of Reapportionment Committee.................................... Page 46

1898

3805

INDEX

LEVETAN; excused.....................................................................................Pages 1508, 2154 LEVETAN; absence from Morning Roll Call .............................................Pages 1666, 2155 LEVETAN; explanation of vote on HB 1180 ......................................................... Page 1142 LEVETAN; explanation of vote on SB 502.............................................................. Page 612 MEYER VON BREMEN; absence from Morning Roll Call.................................... Page 197 MEYER VON BREMEN; excused........Pages 117, 245, 585, 1074, 1666, 1705, 1989, 2666 MEYER VON BREMEN; explanation of vote on SB 356....................................... Page 412 MEYER VON BREMEN; remove sponsorship from SB 495.................................. Page 472 MOODY; excused ............................................................Pages 513, 1000, 1043, 1501, 1705 MULLIS; excused ..........................................................................................Pages 141, 2681 PRICE; excused............................................................................Pages 459, 513, 1228, 2972 PRICE; explanation of vote on SR 580..................................................................... Page 230 PRICE; resignation as Majority Leader....................................................................... Page 44 PRICE; appointed as Chairman of Reapportionment Committee ............................... Page 46 REED; absence from Morning Roll Call .....................Pages 424, 456, 514, 978, 1312, 1666 REED; excused....................................................................................Pages 609, 1294, 1312 REED; explanation of vote on SB 253...................................................................... Page 366 REED; explanation of vote on SB 425...................................................................... Page 188 REED; explanation of vote on SB 428...................................................................... Page 273 REED; explanation of vote on SR 682...................................................................... Page 963 REED; explanation of vote on SB 460.................................................................... Page 1351 REED; explanation of vote on SB 495.................................................................... Page 1357 REED; explanation of vote on SB 517.................................................................... Page 1428 REED; objection to Local Calendar; SB 498 .......................................................... Page 1047 SEABAUGH; excused .......................................................................Pages 2642, 2926, 2936 SEAY; explanation of vote on SB 517.................................................................... Page 1428 SHAFER; absence from Morning Roll Call ....................................Pages 60, 105, 551, 1706 SHAFER; excused................................................................................................... Page 1864 SHAFER; objection to Local Calendar; HB 932 ........................................................ Page 62 SMITH, F.; excused .............................................................................Pages 513, 1168, 1279 SMITH, F; explanation of vote on SB 411 ............................................................... Page 166 SMITH, P.; excused ................................................................................................ Page 1288 SMITH, P.; excused pursuant to Rule 175 on HB 1311 ......................................... Page 2697 SQUIRES; absence from Morning Roll Call ................................................................ Page 1 SQUIRES; excused ................................Pages 397, 586, 956, 1018, 1492, 1705, 1881, 2762 SQUIRES; explanation of votes on SB 184 and SB 400 .......................................... Page 192 STARR; remove sponsorship from SB 495 .............................................................. Page 503 STARR; excused ............Pages 70, 181, 196, 500, 625, 1019, 1295, 1583, 1820, 1990, 2775 STARR; explanation of vote on HB 373................................................................... Page 118 STEPHENS; absence from Morning Roll Call ................................................Pages 424, 551 STEPHENS; resignation as Administrative Floor Leader .......................................... Page 44 STEPHENS; elected Majority Leader......................................................................... Page 45

1899

3806

INDEX

STEPHENS; excused ...........................................Pages 1228, 1279, 1492, 1666, 1710, 2874 STEPHENS; appointed Ex-Officio of Appropriations Committee............................. Page 48 STOKES; absence from Morning Roll Call.............................................................. Page 197 STOKES; excused ........................................................................Pages 141, 593, 1018, 2962 STOKES; explanation of votes on SB 446 and HB 20 ............................................. Page 598 STOKES; explanation of vote on SB 535 ............................................................... Page 1174 STOKES; explanation of vote on HR 1343 ............................................................ Page 2714 TANKSLEY; excused..............................................................................Pages 153, 513, 587 TANKSLEY; excused pursuant to Rule 175 on Local Calendar ............................ Page 2549 TANKSLEY; explanation of vote on SB 467 ........................................................... Page 526 TATE; absence from Morning Roll Call..............................................Pages 197, 2155, 2542 TATE; excused.....................................................................................Pages 181, 1913, 2936 TATE; excused pursuant to Rule 175 on SB 456...................................................... Page 459 TATE; explanation of vote on HB 20 ....................................................................... Page 593 THOMAS, N.; absence from Morning Roll Call ...................Pages 105, 142, 182, 424, 1229 THOMAS, N.; excused .....Pages 554, 956, 977, 1025, 1169, 1279, 1311, 2154, 2713, 2764,
2985, 3035 THOMAS, N.; explanation of vote on HB 1253..................................................... Page 1691 THOMAS, R.; announced voting machine error....................................................... Page 498 THOMAS, R.; excused ............................................................................Pages 117, 977, 998 THOMPSON; excused ..............Pages 104, 152, 321, 423, 560, 977, 998, 1279, 1573, 1705,
2549, 2733, 2775, 2952 THOMPSON; excused pursuant to Senate Rule 175; Local Calendar ................... Page 2927 TOLLESON; absence from Morning Roll Call ........................................................ Page 322 TOLLESON; excused ........................................Pages 397, 455, 513, 999, 1027, 1571, 2713 UNTERMAN; absence from Morning Roll Call ................................................. . Page 1312 UNTERMAN; excused ..........................................Pages 181, 1705, 1849, 1994, 2680, 3035 UNTERMAN; appointed Ex-Officio of Rules Committee ........................................ Page 47 UNTERMAN; authorize Senator Mullis to conduct SLGO meeting...................... Page 1847 WILLIAMS; absence from Morning Roll Call......................................Pages 197, 322, 1312 WILLIAMS; excused ......Pages 522, 588, 1020, 1821, 1994, 2619, 2661, 2713, 2741, 2881,
3187 ZAMARRIPA; absence from Morning Roll Call ........................Pages 608, 626, 1043, 1706 ZAMARRIPA; excused ...................................................................Pages 513, 607, 625, 998
SENTENCE AND PUNISHMENT (Also see Criminal Procedure) Aggravated Child Molestation; court discretion of convicted persons; punishment ................................................................................................................... SB 620 Attorney General; prosecution of sentenced persons; general provisions ................... SB 424 Controlled Substances; distribution, sale, purchase, manufacture; penalties............... SB 440 Controlled Substances; trafficking in ecstacy; define offense ...................................HB 1441 Crimes Against Person; murder offense; imprisonment for life without parole .......... SB 442 Crimes Against Person; redefine feticide; punishment for offense.............................. SB 474

1900

3807

INDEX

Criminal Procedure; discovery in felony cases; oral scientific reports; sentence hearings.......................................................................................................... SB 175 Criminal Reproduction; film piracy; immunity for detention due to suspicion ........... SB 439 Life Without Parole; imposed in certain cases under certain circumstances ............... SB 149 Probation Management Act; enact .............................................................................HB 1161 Sentence Reduction; review panel; memorandum of decision ..................................HB 1335 Sexual Offender Registry; first offenders; change registration requirements............HB 1093 Superior Court Review Panel; reduce sentence; provide facts of decision.................. SB 441 Vehicular Homicide in the Second Degree; change provisions ................................... SB 227 Work Release Programs; felony sentences; provisions..............................................HB 1182
SEWAGE; HOLDING TANKS; SEPTIC TANKS Septic Tank Waste; disposal sites; handling facilities.................................................. SB 176 Sewage Holding Tanks; commercial waste; regulation .............................................HB 1408 Sewage Holding Tanks; removal, transport; regulation; definitions; penalties ........... SB 568
SEXUAL AND DRUG ACTIVITIES, PLACES USED, NUISANCE ABATEMENT Property Involved With Illegal Drug Activities; enhanced penalties ........ SB 324
SEXUAL OFFENSES (Also see Crimes and Offenses) Aggravated Child Molestation; court discretion of convicted persons; punishment ................................................................................................................... SB 620 Amirah Joyce Adem Act; offense of female mutilation; penalty................................. SB 452 Campus Sexual Assault Information Act; establish written policy; enact ................... SB 538 Child Sexual Exploitation; unlawful acts involving computer pornography; change penalties ........................................................................................................... SB 124 Criminal Prosecution for Offenses Against Minor Children; pleas ............................... SB 21 Cruelty to Children; crime of endangerment; sexual abuse; prosecution....................... SB 10 Cruelty to Children; redefine; criminal negligence, serious injury; penalties.............. SB 467 DNA; applicability of testing procedures; change provisions...................................... SB 482 Persons Supervising Children; criminal background checks; National Crime Information Center .......................................................................................................HB 316 Prostitution, Pimping or Pandering; keeping a place for; penalties ............................... SB 77 School Readiness; change name to Bright from the Start; revise ................................ SB 456 Sexual Offender Registry; First Offenders; change registration requirements ..........HB 1093 Sexually Offensive Material/Content; distribution through electronic media ................. SB 5 Street Gangs; graffiti; violent acts; weapons possession; prohibitions ........................ SB 309 Torts; immunity; medical or forensic examiners of sexual assault victims ................... SB 25
SHERIFF RETIREMENT FUND Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431

1901

3808

INDEX

SHERIFFS (Also see Law Enforcement) Comprehensive Planning and Service Delivery; local government; amend definition ....................................................................................................................HB 1559 Election; qualifying fees; county officials; calculation................................................ SB 153 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 Gwinnett County; Sheriff's Office; filling of vacancies............................................... SB 154 Sheriff, Office of; nonpartisan elections ........................................................................ SB 26 Sheriffs Engaging in Certain Businesses; violation of oath of office ..........................HB 415
SMYRNA, CITY OF Keep Smyrna Beautiful; commend ............................................................................ SR 1089 Smyrna, City of; homestead exemption; certain residents .........................................HB 1662
SNELLVILLE, CITY OF Snellville, City of; city manager; provisions ..............................................................HB 1375
SOCIAL SERVICES (Also see Human Resourses; Health) Adoptions/Child-Placing Agencies; records access; birth records; practices ................ SB 55 Advisory Committee on Seniors and Prescription Drug Costs; establish ....................HB 935 Ambulance Services; reimbursement for Medicaid recipients and indigents ............HB 1720 Assisted Living Facilities; define and provide new category....................................... SB 422 Child Abuse Records; prohibited disclosure when criminal action is pending............ SB 199 Child Care Facilities; liability insurance coverage......................................................... SB 24 Child Support; computation of award, guidelines, income deduction orders ................ SB 17 Child Welfare Agencies; recall notices on unsafe products; provide; certain records checks; amend provisions..............................................................................HB 1347 Conform Code; references to House and Senate committee names.............................HB 846 Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 Family/Children Services; county director; serve in multiple counties .......................HB 866 Family/Children Services; establish separate department and agency......................... SB 241 Federal Food Stamp Program for Low-Income Georgians; urge DHR adopt options to provide access ............................................................................................. SR 228 Foster Parents Bill of Rights; enact............................................................................HB 1580 Health, Education, and Social Services; certain boards and councils; amend provisions ...................................................................................................................HB 1266 Hospital Indigent Care Funding Study Committee; create........................................... SR 416 Long-Term Care Services; in-home and community based care; consumer choice and control; Independence Plus Act ................................................................. SB 170 Medicaid; claims to recover cost of care from at fault third party; legal liability.......................................................................................................................... SB 191

1902

3809

INDEX

Medicaid; managed health care; medically necessary health care program................. SB 315 Nursing Homes; influenza virus vaccine; Medicaid eligible patients; regulations .................................................................................................................... SB 616 Persons Supervising Children; criminal background checks; National Crime Information Center .......................................................................................................HB 316 Prescription Drugs; Georgia Rx Plan for Seniors Act.................................................. SB 304 Prescription Drugs; Medicaid patients; prior authorization; prohibit requirement................................................................................................................... SB 539 Public Funding of Social Services; allow religious or sectarian organizations ........... SR 560 School Readiness; change name to Bright from the Start; revise ................................ SB 456 Use of Public Money for Public Health/Social Services by Religious or Sectarian Organizations ................................................................................................... SR 1
SOIL AND WATER CONSERVATION Agricultural Water Conservation Incentive Program; create ....................................... SB 436 Comprehensive State-Wide Water Planning Management Act; enact; Water Council; create..............................................................................................................HB 237 Forest Heritage Trust Act; advisory role for State Forestry Commission............ Nuisances; agricultural facilities/operations; change provisions of treatment............. SB 511 Soil Scientists Licensing Act of 2004; enact..............................................................HB 1047 Surface/Ground Water; interbasin and intrabasin transfers; regulate ........................HB 1615 Water Resources; comprehensive state water planning to control pollution and surface-water use; ground-water permits; river basin plans.................................. SB 180 Watershed Dams; committee to study safety issues ..................................................... SR 442
SOIL EROSION AND SEDIMENTATION Environmental Policy; regulatory decisions; publication requirements....................... SB 172 Local Government; incorporation of villages; definitions; procedures ....................... SB 605 River and Harbor Dredging; beach replenishment.......................................................HB 727 Soil Erosion Control; exemption; public roadway drainage structures........................ SB 122 Soil Erosion/Sedimentation; 25 foot buffers along state waters; change provisions ..................................................................................................................... SB 460 Soil Erosion/Sedimentation; 25 foot buffers along state waters; change provisions ..................................................................................................................... SB 571 Soil Erosion/Sedimentation; buffers along banks of all state waters; rules ................. SB 483 Soil Erosion/Sedimentation; land-disturbing activities; stream buffers....................... SB 590
SOPERTON Soperton, City; annex certain parcels of land; council districts; inclusions................. SB 626
SOUTH CAROLINA, STATE OF Savannah River; Joint Port Authority Study Committee; proposed operation on both north and south sides of river .......................................................................... SR 271

1903

3810

INDEX

Savannah River; urge bilateral port commission; GA/SC interstate compact ............. SR 240
SOUTHERN JUDICIAL CIRCUIT Superior Court Judges; judicial circuits; initial appointment, election, term............... SB 594
SPALDING COUNTY Atlanta Regional Commission; certain counties; ratify partial incorporation............HR 1308
SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS Health Care Protection Act; health care licensing violations; penalties ...................... SB 162
SPINAL CORD AND HEAD-INJURED PERSONS Head Injured/Spinal Cord Disabled Persons; reporting procedures; provisions ..................................................................................................................... SB 582
SPORTS Athletic/Entertainment Commission; amend provisions..............................................HB 558 Athletic Trainers; licensing; exceptions .....................................................................HB 1394 Interscholastic or Intramural Extracurricular Athletic Policy; provisions .................HB 1626 Municipalities; lease property to certain nonprofit corporation...................................HB 423
STALKING Family Violence/Stalking Offenses; persons convicted; photo publication ..............HB 1259
STATE BOUNDARIES AND JURISDICTION Cultural Resources; submerged; permit/authorization to contract; provisions ............ SB 569 Savannah River; urge bilateral port commission; GA/SC interstate compact ............. SR 240 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133
STATE COURTS OF COUNTIES Cities of 300,000 or More; repeal recreating state courts of limit jurisdiction ............ SB 497 Civil Actions; habeas corpus procedures; statute of limitations; filing petitions, jurisdiction .................................................................................................... SB 337 Ethics Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments............................................................. SB 109 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders .................................................................... SB 102
STATE DEBT, INVESTMENT, AND DEPOSITORIES Bonds; cap issuance; definitions; Georgia State Finance and Investment Commission.................................................................................................................. SB 515

1904

3811

INDEX

General Obligation Bonds; authorize issuance bearing interest at variable rate ................................................................................................................................ SB 514 Office of Treasury and Fiscal Services; additional powers and duties ......................HB 1089 State Depository Board; authorized investments; change certain provisions .............. SB 501 State Depository Board; authorized investments; fully negotiable/ transferable ................................................................................................................... SB 448
STATE EMPLOYEES (Also see Ethics; Public Officials; Retirement) Community Service Boards; retirees; prohibit re-employment; exception ................HB 1568 Employees'/Judicial Retirement; prior service as assistant district attorney; service credit.................................................................................................................HB 753 Employees' Retirement; certain court administrators; certain service credit ...............HB 838 Employees' Retirement; certain members; purchase additional years..........................HB 480 Employees' Retirement; certain prior service; creditable service.................................HB 394 Employees' Retirement; certain temporary full-time service; credit ............................HB 498 Employees' Retirement; disability benefits; maximum compensation.......................HB 1034 Employees' Retirement; forfeited leave; include from prior service............................HB 746 Employees' Retirement; group term life insurance; definition.....................................HB 607 Employees' Retirement; Prosecuting Attorneys' Council; certain prior service credit; provisions ..........................................................................................................HB 878 Employees' Retirement; reduced retirement allowance and partial lump sum payment; provisions......................................................................................................HB 914 Employees' Retirement; secretaries of appellate/ superior court judges, DAs; creditable service............................................................................................................ SB 98 Employees' Retirement; spouse's survivor benefits; change of beneficiaries ..............HB 609 Ethics in Government; Financial Disclosure Reform Act of 2003; enact........................ SB 3 Ethics; conflicts of interest; code of ethics for government service; lobbying, nepotism, gifts, campaign contributors; comprehensive revisions............................... SB 108 Family/Children Services; establish separate department and agency......................... SB 241 Fraud, Waste, Abuse in State Operations; whistle blower; prohibit retaliation ...........HB 708 Judicial Retirement; certain judges; transfer from Employees' Retirement .................HB 976 Managed Health Care Plans; right to independent review; include state employees .....................................................................................................................HB 697 Public Officers/Employees; payroll deductions; Higher Education Savings Plan.............................................................................................................................HB 1118 State Agencies; furloughs or reduction in force; prohibit hiring; exceptions ............HB 1708 State Employees' Health Insurance; certain community service retirees .....................HB 594 State Employees' Health Insurance; fiscal condition; annual reports.........................HB 1320 State Employees' Retirement Options; early retirement incentives.............................. SB 159 State Employees' Retirement; development and implementation of options; early retirement incentives ........................................................................................... SB 126 Transportation Department; peace officers as nonuniform investigators .................... SB 271

1905

3812

INDEX

STATE EMPLOYEES; INSURANCE AND BENEFITS PLANS Health Care Claims Filed Electronically; expedited processing; timely payment ........................................................................................................................ SB 350 Health Insurance; state employees no longer covered by federal insurance plan ............................................................................................................................... SB 282 State Employees' Health Insurance; certain community service retirees .....................HB 594 State Employees' Health Insurance; coverage; certain health centers........................HB 1751 State Employees' Health Insurance; fiscal condition; annual reports.........................HB 1320 State Employees'; consumer driven health plan option (CDHP).................................. SB 344 State Personnel Board; special pay plan for deferred payment; define terms .............. SB 486
STATE EMPLOYEES; RETIREMENT SYSTEM Assistant District Attorneys; retirement; prior service credit....................................... SB 318 Community Service Boards; retirees; prohibit re-employment; exception ................HB 1568 Employees' Retirement; benefits for certain law enforcement officers, troopers and GBI agents; age 55 or 25 years................................................................ SB 152 Employees' Retirement; law enforcement personnel; enhanced benefits; age and service.................................................................................................................... SB 212 Employees' Retirement; creditable service; prior temporary full-time employees ..................................................................................................................... SB 305 Employees' Retirement; secretaries of appellate/superior court judges, DAs; creditable service............................................................................................................ SB 98 Employees' Retirement and Judicial Retirement; prior service as assistant district attorney; service credit .....................................................................................HB 753 Employees' Retirement; certain court administrators; certain service credit ...............HB 838 Employees' Retirement; certain members; purchase additional years..........................HB 480 Employees' Retirement; certain prior service; creditable service.................................HB 394 Employees' Retirement; certain temporary full-time service; credit ............................HB 498 Employees' Retirement; disability benefits; maximum compensation.......................HB 1034 Employees' Retirement; forfeited leave; include from prior service............................HB 746 Employees' Retirement; group term life insurance; definition.....................................HB 607 Employees' Retirement; Indigent Defense Council; change designation...................HB 1137 Employees' Retirement; Prosecuting Attorneys' Council; certain prior service credit; provisions ..........................................................................................................HB 878 Employees' Retirement; reduced retirement allowance and partial lump sum payment; provisions......................................................................................................HB 914 Employees' Retirement; spouse's survivor benefits; change of beneficiaries ..............HB 609 Family/Children Services; establish separate department and agency......................... SB 241 Judicial Retirement; certain judges; transfer from Employees' Retirement .................HB 976 Law Enforcement Officers or Agents; retirement benefits .......................................... SB 114 School Readiness; change name to Bright from the Start; revise ................................ SB 456 State Employees' Retirement Options; early retirement incentives.............................. SB 159

1906

3813

INDEX

State Employees' Retirement; development and implementation of options; early retirement incentives ........................................................................................... SB 126 State Personnel Board; special pay plan for deferred payment; define terms .............. SB 486
STATE FLAG, SEAL, AND OTHER SYMBOLS American History/Government; encouraging effective teaching................................. SR 877 Official Frontier and Southeastern Indian Interpretive Center; designate ...................HB 865 Public Monuments; protection of privately owned honoring military; penalties........................................................................................................................ SB 588 State Symbols; green tree frog; designate official state amphibian .............................HB 365
STATE GOVERNMENT (Also see Individual State Agencies; Public Officers) Administrative Law Judge; contested cases; submission of testimony........................ SB 319 Agriculture; commissioner's orders; administrative review .......................................HB 1147 American Heritage in Education Act; writings posted in public school building......................................................................................................................... SB 394 American History/Government; encouraging effective teaching................................. SR 877 Archeologists; certain submerged artifacts; exemption against disturbing.................. SB 140 Atlanta Regional Commission; certain counties; ratify partial incorporation............HR 1308 Attorney General; actions against state; Governor power to appoint legal counsel.......................................................................................................................... SB 494 Bonds; cap issuance; definitions; Georgia State Finance and Investment Commission.................................................................................................................. SB 515 Budget Act; continuation budget report; apply zero-base budgeting............................... SB 8 Building Codes; state minimum codes; delete obsolete provisions; redefine .............. SB 550 Cigar/Cigarette Taxes; increase; loose/smokeless tobacco; impose excise tax ...........HB 379 Community Affairs Department; Section 8 housing fraud; provide investigative powers ..................................................................................................... SB 510 Conform Code; references to House and Senate committee names.............................HB 846 Controlled Substances; regulate opioid treatment; dangerous drug; change provisions ..................................................................................................................... SB 502 County Law Libraries; board of trustees; DA membership; use of collected funds ............................................................................................................................... SB 83 Cultural Resources; submerged; permit/authorization to contract; provisions ............ SB 569 Designate; Confederate History/Heritage Month annually in April............................. SR 856 Education; required courses in history and government; State Board prescribe .....................................................................................................................HB 1048 Elections; direct recording electronic voting systems; amend provisions....................HB 427 Electric Utilities; eminent domain proceedings; Transmission Facility Siting Act; Electric Utility Infrastructure Planning Study Committee ................................... SB 359 Emergency Management Employees, "911" Operators and Dispatchers; indemnification............................................................................................................. SR 213

1907

3814

INDEX

Emergency Management Employees, "911" Operators or Dispatchers; indemnification............................................................................................................. SB 218 Eminent Domain; condemnation; electric power plants, power lines.......................... SB 267 Employees' Retirement; creditable service; prior temporary full-time employees ..................................................................................................................... SB 305 Environmental Policy, regulation; publication of rationale; requirements ..................HB 242 Environmental Policy; regulatory decisions; publication requirements....................... SB 172 Ethics in Government; Financial Disclosure Reform Act of 2003; enact........................ SB 3 Ethics Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments............................................................. SB 109 Ethics, State Commission; powers; campaign contribution disclosure; accounting procedures; reported violations.................................................................. SB 168 Ethics; conflicts of interest; code of ethics for government service; lobbying, nepotism, gifts, campaign contributors; comprehensive revisions............................... SB 108 Ethics; reforms; campaign contributions; activities on behalf of inmates ..................... SB 31 Ethics; unlawful to use/accept public funds for lobbying; penalties............................ SB 446 Family Violence Shelter Confidentiality Act; requirement of telephone companies not to disclose location............................................................................... SB 147 Family/Children Services; establish separate department and agency......................... SB 241 General Obligation Bonds; authorize issuance bearing interest at variable rate ................................................................................................................................ SB 514 Georgia Emergency Operations Plan; unified incident command system; training emergency response personnel........................................................................ SB 243 Georgia Housing/Finance Authority; expend funds for advisory, technical................ SB 591 Guardian/Ward; comprehensive rewrite of provisions ................................................HB 229 Health Care Incentives; employer tax incentives; affordable care............................... SR 879 HOPE Scholarships; Georgia Student Finance Commission; reporting system; definitions........................................................................................................ SB 520 HOPE Scholarships; method of eligibility; adopt reporting system; definitions..................................................................................................................... SB 471 Income Tax Credits; individual development accounts; comprehensive regulation....................................................................................................................HB 1384 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders .................................................................... SB 102 Industry, Trade and Tourism Department; acquire personal property; general provisions ..................................................................................................................... SB 531 Industry, Trade and Tourism Department; improve promotion of marine research......................................................................................................................... SB 624 Industry, Trade and Tourism; Department of; change name......................................HB 1529 License Plates; state and local government vehicles; permanent plates ....................HB 1743 Licensed Physicians; volunteering for state, county, etc.; immune from liability.......................................................................................................................... SB 408

1908

3815

INDEX

Limitation on State Taxation, Spending, and New or Expanded Activities; revenue limits; excess revenues; emergencies ............................................................. SR 163 Local Government/Board of Education; contracts; bid opportunity advertisements; Georgia Procurement Registry ........................................................... SB 342 Lottery Corporation; legislative oversight committee; conform committee references ...................................................................................................................HB 1117 Lottery Proceeds; operating expenses of lottery; educational programs...................... SR 678 Lottery Technology Joint Study Committee; create..................................................... SR 907 Lottery; online ticket sales; establish Georgia Peach Account ..................................HB 1272 Minority Business Enterprises; certification procedure defined in federal law ........... SB 115 Nonprofit Corporations; provide notice by electronic transmission; definitions..................................................................................................................... SB 555 Office of Treasury and Fiscal Services; additional powers and duties ......................HB 1089 Official Frontier and Southeastern Indian Interpretive Center; designate ...................HB 865 Open Records; exemption; certain personal information.............................................HB 903 Property Conveyances; authorizing in 8 counties; Baldwin, Bartow, Chatham, Decatur, DeKalb, Fulton, Wayne and White ............................................... SR 224 Public Funding of Social Services; allow religious or sectarian organizations ........... SR 560 Public Funds; certain write-offs; Department of Technical and Adult Education....................................................................................................................HB 1582 Public Monuments; protection of privately owned honoring military; penalties........................................................................................................................ SB 588 Public Property; conveyance; grant utility easements; 13 counties.............................. SR 651 Public Property; conveyances....................................................................................... SR 652 Public Property; restrooms; standards ........................................................................HB 1620 Public Records Disclosure; exempt authority .............................................................. SB 451 Public Records Disclosure; minors; redact identifying information ..........................HB 1358 Public Records; exempt disclosure of home street address, certain telephone numbers ........................................................................................................................ SB 351 Public Records; inspection; refusal to provide access; penalty.................................... SB 177 Public Transportation Funds; allocation among congressional districts ........................ SB 79 Public Works; prohibit state from requiring contractor to labor agreement ................ SB 599 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ...................................................... SB 273 Regional Development Centers; ratify boundaries.....................................................HR 1402 Regulatory Reform Act; rule making by Department of Community Health .............. SB 361 Revenue, Department of; administration; duties; official office location ..................... SB 56 Sales Tax; dealers' returns; retail sales tax data by location of sale ............................ SB 107 Savannah River; urge bilateral port commission; GA/SC interstate compact ............. SR 240 Secure/Verifiable Identity Document Act; provide governmental services/ functions ....................................................................................................................... SB 596 State Agencies; contract for services; prohibit outside of U.S.; penalties ................... SB 473 State Agencies; contracts for services; prohibit outside U.S. ....................................HB 1281

1909

3816

INDEX

State Agencies; encourage use of consulting services with information technology .................................................................................................................... SR 754 State Agencies; furloughs or reduction in force; prohibit hiring; exceptions ............HB 1708 State Buildings/Facilities; roofing materials; energy efficiency standards .................. SB 137 State Depository Board; authorized investments; change certain provisions .............. SB 501 State Depository Board; authorized investments; fully negotiable/ transferable ................................................................................................................... SB 448 State Employees' Retirement Options; early retirement incentives.............................. SB 159 State Employees' Retirement; development and implementation of options; early retirement incentives ........................................................................................... SB 126 State Government; eligibility of services based on citizenship; provide evidence........................................................................................................................ SB 581 State Government; privatization contracts; revise provisions....................................HB 1326 State Official Salaries; General Assembly members and Lieutenant Governor; 10% salary reduction..................................................................................... SB 76 State Permit; bond prerequisite for filing certain appeals; requirement....................... SB 524 State Properties Commission; convey real estate in Butts County; authorize.............. SR 589 State Purchasing; vendor requirements; contracts......................................................HB 1457 State Retirement Plan Options; Joint Study Committee; create ................................... SR 107 State Service Delivery Regions; change regions 7 and 12 .........................................HB 1599 State Symbols; green tree frog; designate official state amphibian .............................HB 365 State/Local Tax Revision; uniform sales and use tax administration ........................HB 1437 Taxation; legislation for any state tax; approval by General Assembly......................... SR 12 Timely Payments for Goods and Services; local governments and boards of education; failing to comply.......................................................................................HB 1304 Tobacco Master Settlement Agreement; state's payment rights; request for proposals....................................................................................................................... SR 227 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133 Transportation Infrastructure Bank Act; enact...........................................................HB 1136 Use of Public Money for Public Health/Social Services by Religious or Sectarian Organizations ................................................................................................... SR 1 Wages Paid by State Contractors or Subcontractors; living wage requirement ........... SB 303
STATE GOVERNMENT; GENERAL PROVISIONS Secure/Verifiable Identity Document Act; provide governmental services/ functions ....................................................................................................................... SB 596 State Government; eligibility of services based on citizenship; provide evidence........................................................................................................................ SB 581 State Permit; bond prerequisite for filing certain appeals; requirement....................... SB 524
STATE PRINTING AND DOCUMENTS Education Laws; amend provisions............................................................................HB 1190

1910

3817

INDEX

Environmental Policy, Regulation; publication of rationale; requirements .................HB 242 Family Violence Shelter Confidentiality Act; requirement of telephone companies not to disclose location............................................................................... SB 147 Guardian/Ward; comprehensive rewrite of provisions ................................................HB 229 Open Records; exemption; certain personal information.............................................HB 903 Public Records disclosure; minors; redact identifying information ...........................HB 1358 Public Records; disclosure; exempt authority .............................................................. SB 451 Public Records; disclosure of home street address, certain telephone numbers .......... SB 351 Public Records; inspection; refusal to provide access; penalty.................................... SB 177 Sales Tax; dealers' returns; retail sales tax data by location of sale ............................. SB 107 State/Local Tax Revision; uniform sales and use tax administration ........................HB 1437 Wages Paid by State Contractors or Subcontractors; living wage requirement ........... SB 303
STEPHENS COUNTY Public Property; conveyances....................................................................................... SR 652 Stephens County Historic Courthouse Restoration Authority; create ........................HB 1796
STONE MOUNTAIN Stone Mountain Memorial Association; membership requirements ............................ SB 423 Stone Mountain Memorial Association; members; requirements ..............................HB 1014
STREET GANG TERRORISM AND PREVENTION Criminal Trespass/Damage to Property; crime of possession of tools......................... SB 311 Graffiti; compensation to property owners; use of inmate labor to remove graffiti from private property ....................................................................................... SB 313 Graffiti; criminal damage to property; programs for compensating owners, innocent victims ........................................................................................................... SB 312 Nuisance Abatement; graffiti visible from adjoining public or private property......................................................................................................................... SB 310 Street Gangs; graffiti; violent acts; weapons possession; prohibitions ........................ SB 309
SUMAQ ALLIANCE; representatives recognized .............................................. ..... Page 412
SUNNY SIDE, CITY OF Sunny Side, City of; council; terms of office .............................................................HB 1755
SUNSET LAW Superior Court Clerks' Cooperative Authority; fees and records; extend sunset dates...................................................................................................................HB 810
SUPERIOR COURT CLERKS RETIREMENT FUND Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431

1911

3818

INDEX

Superior Court Clerks' Retirement; 8 years service; benefits.....................................HB 1036 Superior Court Clerks' Retirement; death of spouse; full benefit restored ..................HB 234
SUPERIOR COURTS (Also see Courts; Judicial Circuits) Carbon Sequestration Registry Act; provide information system of registry............... SB 356 Child Custody/Visitation Orders; notices; relocation or change of residence ............... SB 16 Civil Actions; habeas corpus procedures; statute of limitations; filing petitions, jurisdiction .................................................................................................... SB 337 Civil Filings/Criminal Fines; additional charges; repeal certain charges.....................HB 869 Courts Technology Advisory Board and Council; successor to Georgia Courts Automation Commission .................................................................................. SB 306 Divorce; grounds; extend time frame; effect of legal separation on children; statistics ........................................................................................................................ SB 298 Election; qualifying fees; county officials; calculation ................................................ SB 153 Employees' Retirement; secretaries of appellate/superior court judges, DAs; creditable service............................................................................................................ SB 98 Ethics Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments............................................................. SB 109 Gwinnett Judicial Circuit; new judgeship; term beginning 1/1/04............................... SB 234 Gwinnett Judicial Circuit; new judgeship; term beginning 7/1/03............................... SB 235 Indigent Defense Act of 2003; create agency to replace Indigent Defense Council; provide circuit public defenders .................................................................... SB 102 Indigent Defense; Public Defender Standards Council; members .............................HB 1318 Notaries Public; amend provisions; superior court fees.............................................HB 1617 Pataula Judicial Circuit; change certain terms of court..............................................HB 1373 Sheriff, Office of; nonpartisan elections ........................................................................ SB 26 Superior Court Clerks' Cooperative Authority; fees and records; extend sunset dates...................................................................................................................HB 810 Superior Court Clerks' Cooperative Authority; filing fees; real estate and personal property.......................................................................................................... SB 195 Superior Court Judges; judicial circuits; initial appointment, election, term............... SB 594 Superior Court Review Panel; reduce sentence; provide facts of decision.................. SB 441
SUPREME COURT (Also see Courts) Civil Actions; class actions; comprehensive revisions................................................. SB 217 Civil Actions; habeas corpus procedures; statute of limitations; filing petitions, jurisdiction .................................................................................................... SB 337 Ethics Reforms; public officials' conduct and lobbyist disclosure; awarding of contracts to vendors; judicial appointments............................................................. SB 109 Joint Session; Governor's Message; inviting Justices of Supreme/Court of Appeals......................................................................................................................... SR 567 Joint Session; message from Chief Justice of Supreme Court .....................................HR 945

1912

3819

INDEX

T
TALBOT COUNTY Deer Hunting; unlawful hunt within certain vicinity of feeds; certain counties .......... SB 328 Talbot County Day; recognize...................................................................................... SR 838
TATTNALL COUNTY Designate; Woodpecker Trail Highway; 10 counties................................................... SR 843
TAX EXECUTIONS; EXEMPTIONS FROM LEVY AND SALE Homestead Property; Levy, Sale; reciprocal exemption; resident judgment debtor; creditor resident in another state ...................................................................... SB 347
TAX LEVIES AND EXECUTIONS Nuisance Abatement Liens; collection procedures; foreclosures................................. SB 182 Tax Executions; levies upon goods, chattel, lands, tenements of taxpayer; change provisions ........................................................................................................... SB 68 Tax Executions; prohibit sales .......................................................................................HB 88 Tax Executions; transfer; regulation ............................................................................ SB 415
TAX LEVIES AND EXECUTIONS; SALES UNDER TAX EXECUTIONS Nuisance Abatement Liens; collection procedures; foreclosures................................. SB 182 Property Tax Sales; change certain provisions............................................................... SB 57 Tax Sales; notice period; redemption amount ............................................................HB 1520 Tax Sales; redemption of property; amend provisions...............................................HB 1170
TAXATION AND REVENUE Ad Valorem Tax Assessment; taxpayer appeals; refunds; interest amount ................. SB 161 Ad Valorem Tax Assessments; periods of limitation...................................................HB 736 Ad Valorem Tax Millage Rate/Property Value; limitations on increases .................... SR 581 Ad Valorem Tax; freeport personal property inventory exemption; renewal .............. SB 453 Ad Valorem Tax; member of armed forces; time extensions....................................... SB 393 Ad Valorem Tax; motor vehicles; exempt Medal of Honor recipients......................HB 1656 Ad Valorem Tax; motor vehicles; exempt veterans organizations ..............................HB 626 Ad Valorem Tax; motor vehicles; return in county where located ..............................HB 834 Ad Valorem Tax; personal property tax exemption; increase; referendum ................. SB 454 Ad Valorem Tax; property taxation; change definitions................................................ SB 58 Ad Valorem Tax; statewide homestead exemption; increase amount............................ SB 41 Ad Valorem Taxation; exempt biotechnology property; provide referendum ............. SB 556 Ad Valorem Taxation; homestead exemption applications; change provisions .......... SB 575 Ad Valorem Taxes; freeze existing residential property values until sold; appraise at fair market value ........................................................................................ SR 311 Assisted Living Facilities; define and provide new category....................................... SB 422

1913

3820

INDEX

Bona Fide Conservation Use Property; include wildlife habitat and production...................................................................................................................HB 1416 Bona Fide Conservation Use Property; notification; expiration of covenants...........HB 1103 Bona Fide Conservation Use Property; undeveloped riverside/streamside lands............................................................................................................................HB 1107 Business/Occupation Tax; certain construction permits; mail or electronic means..........................................................................................................................HB 1598 Cigar/Cigarette Taxes; change tax definitions ............................................................... SB 65 Cigar/Cigarette Taxes; increase; loose/smokeless tobacco; impose excise tax ...........HB 379 Coin Operated Amusement Machines; change definitions ............................................ SB 64 Conform Code; references to House and Senate committee names.............................HB 846 Congressional Delegation; urge pass President Bush's 2003 Economic Growth/Tax Relief Plan ............................................................................................... SR 226 County; joint development authority; tax credit for businesses in those counties......................................................................................................................... SB 444 Estate Taxes; federal filing date; definition ................................................................... SB 61 Excise Taxes; hotel-motel tax; change definitions......................................................... SB 63 Excise Taxes; rental motor vehicles; change definitions ............................................... SB 60 Firearm Dealers; transfer of authority; criminal background check; definitions..................................................................................................................... SB 528 Forest Park, City; homestead exemption for municipal purposes ................................ SB 615 General Obligation Bonds; authorize issuance bearing interest at variable rate ................................................................................................................................ SB 514 Georgia's Transportation Needs, Study Committee; create.......................................... SR 422 Health Care Incentives; employer tax incentives; affordable care............................... SR 879 Highways; billboards; repeal tree trimming permits; change provisions to Roadside Enhancement and Beautification Council .................................................... SB 334 Homestead Exemption; certain veterans; maximum amount .....................................HB 1446 Hotel-Motel Tax; create review board; amend certain provisions .............................HB 1415 Income Tax Credits; certain motion picture production investments ........................HB 1775 Income Tax Credits; individual development accounts; comprehensive regulation....................................................................................................................HB 1384 Income Tax Refund; set-off debt; probation fees and restitution orders......................HB 677 Income Taxes; change certain definitions ...................................................................... SB 66 Income Taxes; exempt certain organ donation expenses ...........................................HB 1410 Income Taxes; independent contractors; certain false declarations ...........................HB 1444 Income Taxes; job tax credit; qualified biotech. businesses; definitions ..................... SB 559 Income Taxes; job tax credits; less developed areas; certain businesses; enterprise zones ............................................................................................................HB 984 Income Taxes; jobs tax credits; designation of counties as less developed areas; business closings in areas comprising military bases .......................................... SB 11 Income Taxes; qualified biotech. businesses; transfer of credit; conditions................ SB 558 Intangible Taxes; real estate transfer tax; change certain provisions............................. SB 69

1914

3821

INDEX

Joint County/Municipal Sales Tax; 2% levy by consolidated governments ................HB 287 Law Enforcement Officer; disabled in line of duty; retention of weapon/badge...............................................................................................................HB 158 Limitation on State Taxation, Spending, and New or Expanded Activities; revenue limits; excess revenues; emergencies ............................................................. SR 163 Local Government; incorporation of villages; definitions; procedures ....................... SB 605 Local Sales Tax; special county 1 percent sales tax; water and sewer projects.........HB 1612 Local School Tax; five mill share funds; calculations ................................................... SB 99 Local School Tax; five mill share funds; increased student population; capital expenditures...................................................................................................... SB 100 Local School Tax; five mill share; ad valorem taxes for school purposes................... SB 573 Low Income Building Projects; separate classification; ad valorem taxes ................HR 1095 Motor Fuel/Road Taxes; change certain definitions ...................................................... SB 67 Nuisance Abatement Liens; collection procedures; foreclosures................................. SB 182 Prestige/Special License Plates; veterans awarded Purple Heart; no charge ............... SB 120 Property Involved With Illegal Drug Activities; enhanced penalties........................... SB 324 Property Tax Sales; change certain provisions............................................................... SB 57 Redevelopment; tax allocation districts; amend certain provisions ...........................HB 1510 Revenue Laws; erroneous tax lien; correction provisions..............................................HB 58 Revenue, Department of; administration; duties; official office location...................... SB 56 Revenue, Department of; certain disclosure; taxpayer records ..................................HB 1461 Revenue/Taxation; change certain provisions................................................................ SB 70 Sales Tax Exemption; certain symphony halls...........................................................HB 1511 Sales Tax Exemption; certain tangible personal property; certain corporate attractions ...................................................................................................................HB 1528 Sales Tax Exemption; ice; processing and storing poultry and vegetables................HB 1409 Sales Tax Exemption; nonprofit organizations providing child services...................HB 1744 Sales Tax Exemption; overhead materials; certain government contractors..............HB 1238 Sales Tax Exemption; school supplies; clothing; computers; limited time................HB 1184 Sales Tax Exemption; wax and dies used by military ................................................HB 1105 Sales Tax on Motor Fuel; proceeds for local assistance road programs ...................... SR 159 Sales Tax; applicable to commerce and trade; definitions ............................................. SB 62 Sales Tax; certain refunds; restrictions ......................................................................HB 1239 Sales Tax; dealers' returns; retail sales tax data by location of sale ............................ SB 107 Sales Tax; educational purposes; change certain imposition requirements ................. SR 580 Sales Tax; educational purposes; local boards; performance audit..............................HB 346 Sales Tax; exempt biotechnology research, development; conditions/ limitations..................................................................................................................... SB 557 Sales/Motor Fuel Taxes; dealers and distributors; amend provisions........................HB 1459 School Readiness; change name to Bright from the Start; revise ................................ SB 456 Seed-Capital Fund; comprehensive revision of provisions........................................HB 1507 Service Delivery; exemptions from the definition of local government ...................... SB 592 Service Delivery; funding; comprehensive provisions...............................................HB 1714

1915

3822

INDEX

Special County 1% Sales Tax; annual publication of audit .......................................HB 1414 State Public Transportation Fund; priority of expenditures and allocation of funds ...........................................................................................................................HB 1295 State Purchasing; vendor requirements; contracts......................................................HB 1457 State/Local Tax Revision; uniform sales and use tax administration ........................HB 1437 State/Local Taxation, Financing, and Service Delivery Revision Act of 2004; enact..............................................................................................................................HB 709 Statewide Homestead Exemption Grants; mandated appropriation............................... SR 36 Supplemental Appropriations; revenue shortfall and mid-year adjustment reserve ........................................................................................................................HB 1207 Tax Collectors/Commissioners; creditable training ...................................................HB 1391 Tax Executions; levies upon goods, chattel, lands, tenements of taxpayer; change provisions ........................................................................................................... SB 68 Tax Executions; prohibit sales .......................................................................................HB 88 Tax Executions; transfer; regulation ............................................................................ SB 415 Tax Penalties; false claims of independent contractor status ....................................... SB 106 Tax Penalties; false claims of independent contractor status; violations ..................... SB 491 Tax Sales; notice period; redemption amount ............................................................HB 1520 Tax Sales; redemption of property; amend provisions...............................................HB 1170 Taxation; legislation for any state tax; approval by General Assembly......................... SR 12 Taxes; tobacco products; licensure, definitions, penalties .........................................HB 1282 Taxpayers' Dividend Act; restrict amendments that increase appropriations .............. SR 160 Tobacco Master Settlement Agreement; state's payment rights; request for proposals....................................................................................................................... SR 227
TAXATION AND REVENUE; TAX CREDITS TO LOW-INCOME RESIDENTS Income Tax Credits; individual development accounts; comprehensive regulation....................................................................................................................HB 1384 State/Local Tax Revision; uniform sales and use tax administration ........................HB 1437
TEACHERS (Also see Education) Teacher-Student Ratios; provide maximum student-teacher ratios.............................. SR 660 Education, Local Boards; conflicts of interest; certain employee representation organization activities........................................................................... SB 194 Education; certain personnel; continuing education online .......................................HB 1698 Education; professional personnel; results of background checks.............................HB 1151 Educators; salaries; local supplements; minimum salary schedule .............................. SB 130 Public School Speech-Language Pathologists and Audiologist; salaries; national certification..................................................................................................... SB 268 Special License Plates; revenue dedication; certain nonprofit organizations ............HR 1322 Teachers Retirement; contribution rate; certain reduction ...........................................HB 267 Teachers Retirement; creditable service; certain independent school system service........................................................................................................................... SB 226

1916

3823

INDEX

Teachers Retirement; creditable service; prior independent school service ............... SB 141 Teachers Retirement; reduced retirement allowance and partial lump sum payment; provisions......................................................................................................HB 917 Teachers Retirement; reemployment of retired teachers; provisions ...........................HB 366 Teachers Retirement; University System employees; optional plan ............................ SB 253 Teachers; duties that may not be required...................................................................... SB 54 Teachers; pay level for doctorate degree in any field................................................... SB 354 Teachers; rights in demotion and nonrenewal of contracts............................................ SB 19
TEACHERS RETIREMENT SYSTEM Education Laws; amend provisions............................................................................HB 1190 School Readiness; change name to Bright from the Start; revise ................................ SB 456 Teachers Retirement; contribution rate; certain reduction ...........................................HB 267 Teachers Retirement; creditable service in a local school system. ................................ SB 30 Teachers Retirement; creditable service; certain independent school system service........................................................................................................................... SB 226 Teachers Retirement; creditable service; prior independent school service ............... SB 141 Teachers Retirement; reduced retirement allowance and partial lump sum payment; provisions......................................................................................................HB 917 Teachers Retirement; reemployment of retired teachers; provisions ...........................HB 366 Teachers Retirement; University System employees; optional plan ............................ SB 253
TELEPHONE AND TELEGRAPH SERVICE (Also see Public Utilities; Electronics) Emergency "911" Systems; joint authorities; intergovernment contracts..................HB 1746 Family Violence Shelter Confidentiality Act; requirement of telephone companies not to disclose location............................................................................... SB 147 Income Tax; job tax credits; less developed areas; certain businesses; enterprise zones ............................................................................................................HB 984 PSC; applications and proceedings; administrative fees.............................................. SB 219 Public Service Corporations/Utilities; increase certain fees ......................................HB 1354 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ...................................................... SB 273 Sales Tax; applicable to commerce and trade; definitions ............................................. SB 62 Telecommunications; audible universal information access services; blind and print disabled citizens ..........................................................................................HB 1055
TELEVISION Cable Television Systems; customer service requirements; enforcement.................... SB 220 Income Tax; job tax credits; less developed areas; certain businesses; enterprise zones ............................................................................................................HB 984 Local Government Cable Fair Competition Act of 1999; amend ................................ SB 445

1917

3824

INDEX

TERRELL COUNTY Terrell County Airport Authority; name and membership; change............................HB 1495 Terrell County; Ad Valorem Taxes for educational purposes; homestead exemption ..................................................................................................................... SB 633 Terrell County; education districts; reapportion.........................................................HB 1629
TERRORISM (Also see Crimes and Offenses) Judicial Emergency Act of 2004; enact......................................................................HB 1450 License Plates; special; Global War on Terrorism veterans; conditions...................... SB 479 Missile Defense System; declare support..................................................................... SR 232 Property Involved With Illegal Drug Activities; enhanced penalties........................... SB 324 Tort Immunity; federal smallpox vaccination program; hospitals, health care providers....................................................................................................................... SB 336 Vaccination Program for Emergency Responders Exposed to Infectious Diseases; contingent upon bioterrorism funding.......................................................... SB 333 War on Terrorism Local Assistance Act; enact............................................................HB 595
THEFT OFFENSES (Also see Crimes and Offenses) Aggravated Child Molestation; court discretion of convicted persons; punishment ................................................................................................................... SB 620 Community Affairs, Department; Section 8 housing fraud; provide investigative powers ..................................................................................................... SB 510 Criminal Reproduction; film piracy; immunity for detention due to suspicion ........... SB 439 Property Involved With Illegal Drug Activities; enhanced penalties........................... SB 324 Theft; certain offenses involving commercial vehicles; penalties; fines ...................HB 1456
THUNDERBOLT, CITY OF Thunderbolt, City of; homestead exemption; unremarried surviving spouse ............HB 1724
TIFT COUNTY Tift County 4-H Poultry Judging Team; recognizing................................................. SR 1196
TOBACCO AND TOBACCO RELATED PRODUCTS Cigar/Cigarette Taxes; increase; loose/smokeless tobacco; impose excise tax ...........HB 379 Cigarettes/Tobacco Products; prohibit possession by minors; exceptions...................HB 653 Georgia Smokefree Air Act; prohibit smoking in certain facilities/areas; penalties........................................................................................................................ SB 507 Joint Study Committee on Tobacco Tax Evasion; create............................................. SR 769 Smoking in Motor Vehicle With Child in Car Seat; define offense ..........................HB 1138 Taxes; tobacco products; licensure, definitions, penalties .........................................HB 1282 Tobacco Master Settlement Agreement; state's payment rights; request for proposals....................................................................................................................... SR 227

1918

3825

INDEX

TOBACCO PRODUCT MANUFACTURERS Master Settlement Agreement; nonparticipants; release of funds from escrow accounts ........................................................................................................................ SB 395
TORTS; DAMAGES; DEFENSES TO TORT ACTIONS (Also see Civil Practice) Contract; contingency fee; specific recovery of damages in a civil action .................. SB 434 Criminal Reproduction; film piracy; immunity for detention due to suspicion ........... SB 439 Emergency Room Protection Act; recovery for medical malpractice .......................... SB 586 Georgia Civil Practice Act; offer of judgment; methods of service; time ................... SB 518 Health Access Improvement Act; Advanced practice registered nurse; regulations .................................................................................................................... SB 376 Levi's Call; exempt broadcasters from civil liability; conditions and limitation ...................................................................................................................... SB 400 Mandatory Professional Malpractice Mediation Act; guidelines, offer of judgment....................................................................................................................... SB 593 Property Involved With Illegal Drug Activities; enhanced penalties........................... SB 324 Tort Action; public safety employees; provide definitions .......................................... SB 607 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133 Tort Immunity; federal smallpox vaccination program; hospitals, health care providers....................................................................................................................... SB 336 Torts; health care providers in emergency conditions; provide limited liability.......................................................................................................................... SB 432 Torts; immunity; medical or forensic examiners of sexual assault victims ................... SB 25 Torts; joint tort-feasors; standards in expert testimony; change provisions................. SB 576 Torts; limiting liability of free health clinics; provide ...............................................HB 1793 Torts; transfer of structured settlement payment rights; court filings; notice of cancellation rights .................................................................................................... SB 174
TOURISTS Excise Taxes; hotel-motel tax; change definitions......................................................... SB 63 Sales Tax Exemption; certain tangible personal property; certain corporate attractions ...................................................................................................................HB 1528
TRANSPORTATION, DEPARTMENT OF (Also see Commemorative Resolutions) Designate; Billy Jiles Memorial Highway; Carroll County ......................................... SR 293 Employees' Retirement; law enforcement personnel; enhanced benefits; age and service.................................................................................................................... SB 212 Mass Transportation Service; increase limit of state funds..........................................HB 263 Minority Business Enterprises; certification procedure defined in federal law ........... SB 115 Motorized Carts; change definition and provisions ..................................................... SB 398 Motorized Carts; redefine; amend provisions ............................................................HB 1063

1919

3826

INDEX

Public Roads; limitations on power to contract; design-build; provide exception ...................................................................................................................... SB 553 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ...................................................... SB 273 Rules of the Road; buses/motorcoaches; HOV lanes; exception ................................. SB 489 State Transportation Board; voting in caucuses; roll-call or show of hands................ SB 438 Transportation Department; employment of investigators........................................... SB 307 Transportation Department; HOT lanes; request to study feasible implementation ............................................................................................................. SR 575 Transportation Department; peace officers as nonuniform investigators .................... SB 271 Transportation Infrastructure Bank Act; enact...........................................................HB 1136 Transportation, Department of; appointment of investigators; streetcar pilot projects; provisions.....................................................................................................HB 1156 Water Resources; comprehensive state water planning to control pollution and surface-water use; ground-water permits; river basin plans.................................. SB 180
TRANSPORTATION, DEPARTMENT OF; PUBLIC ROADS MAINTENANCE AND USE
Highways; billboards; repeal tree trimming permits; change provisions to Roadside Enhancement and Beautification Council .................................................... SB 334 Public Roads; limitations on power to contract; design-build; provide exception ...................................................................................................................... SB 553 Railroad Crossings; elimination; petition provisions .................................................HB 1254 Railroads; maintenance of grade crossings; provisions ............................................... SB 585 Transportation Department; employment of investigators........................................... SB 307 Transportation Department; peace officers as nonuniform investigators .................... SB 271
TRANSPORTATION, DEPARTMENT OF; GA HIGHWAY AUTHORITY; STATE TOLLWAY AUTHORITY
Georgia Community Streetcar Development/Revitalization; streetcar transportation................................................................................................................ SB 516 Toll Road; exempt motorcycle operators charged on any toll road ............................. SB 597 Traffic; speed-monitoring systems; measure speed/produce photograph; penalty .......................................................................................................................... SB 603 Transportation Infrastructure Bank Act; enact...........................................................HB 1136
TRANSPORTATION, DEPARTMENT OF; PUBLIC ROAD FUNDS Funds for Public Roads; allocation; balancing federal/state funds between congressional districts; percentage............................................................................... SB 110 Public Roads Fund; allocation; change provisions of state/federal funds.................... SB 425 Public Transportation Funds; allocation among congressional districts ........................ SB 79 Public Transportation Funds; expenditures; state/federal funds remove MARTA........................................................................................................................ SB 127

1920

3827

INDEX

State Public Transportation Fund; priority of expenditures and allocation of funds ...........................................................................................................................HB 1295
TRANSPORTATION, DEPARTMENT OF; STATE, COUNTY, AND MUNICIPAL ROAD SYSTEMS
Funds for Public Roads; allocation; balancing federal/state funds between congressional districts; percentage............................................................................... SB 110 Public Roads Fund; allocation; change provisions of state/federal funds.................... SB 425 Public Roads; classification; change provisions of definitions.................................... SB 450 Public Transportation Funds; allocation among congressional districts ........................ SB 79 Public Transportation Funds; expenditures; state/federal funds remove MARTA........................................................................................................................ SB 127
TRANSPORTATION BOARD, STATE BOARD Kuhlke, William B.; elected member ........................................................................ Page 231 Pinholster, Garland; elected member ........................................................................ Page 232
TREASURY AND FISCAL SERVICES, OFFICE OF Office of Treasury and Fiscal Services; additional powers and duties ......................HB 1089
TRIALS Bonds/Recognizances; remove court's discretion for certain persons .........................HB 918 Criminal Trial; prosecuting attorney; conclude argument to jury ................................ SB 414 Trial Juries; size of panels; jury selection; number of peremptory strikes..................... SB 27
TRION, TOWN OF Trion, Town of; board of education; powers and duties ............................................HB 1748
TROUP COUNTY Troup County; collection of Ad Valorem Taxes; urge to resolve dispute .................HR 1577 Troup County; state court; solicitor-general...............................................................HB 1685
TRUSTS, GEORGIA TRUST ACT; FIDUCIARY POWERS License Plates; disabled veteran; vehicle owned by certain trust.................................HB 611 Subsequent Injury Trust Fund Joint Study Committee; create.....................................HR 263 Uncompensated Trauma Care; trust fund to pay hospitals.........................................HR 1420
TURNER COUNTY Turner County; board of education; compensation ....................................................HB 1773
TWIGGS COUNTY Twiggs County; board of education; vacancies .........................................................HB 1531

1921

3828

INDEX

TYBEE ISLAND, CITY OF Tybee Island, City of; homestead exemption; unremarried surviving spouse ...........HB 1726
U
UNDERGROUND STORAGE TANKS Environmental Policy; regulatory decisions; publication requirements....................... SB 172
UNIFORM RULES OF THE ROAD (Also see Motor Vehicles) Crimes Against Person; redefine feticide; punishment for offense.............................. SB 474 Cullum's Law; certain vehicles/highways; provide maximum speed limit .................. SB 462 Disabled Persons; redefine; temporary parking permits ............................................HB 1176 DUI; prohibitions, punishment; revise and harmonize provisions................................. SB 75 Handicapped Parking; enforcement; change provisions .............................................. SB 302 Motor Vehicles; removal of vehicles in traffic accidents from all public roads .......... SB 525 Motorized Carts; redefine; amend provisions ............................................................HB 1063 Motorized Carts; change definition and provisions ..................................................... SB 398 Offense of Fleeing a Pursuing Police Vehicle or Police Officer; punishment............. SB 188 Offense of Fleeing or Attempting to Elude a Police Officer; penalties ....................... SB 297 Rules of the Road; buses/motorcoaches; HOV lanes; exception ................................. SB 489 Rules of the Road; motor vehicles; use/installation of tv receivers; prohibit .............. SB 506 Rules of the Road; Parking Law for Persons with Disabilities; redefine terms ........... SB 481 School Bus Drivers; annual mandatory training; equipment; safety procedures; 'Aleana's Law' ........................................................................................... SB 143 Traffic Control Device Preemption Emitters; prohibition .........................................HB 1113 Traffic Offenses; certain right of way violations; penalties.......................................HB 1155 Traffic; speed-monitoring systems; measure speed/produce photograph; penalty .......................................................................................................................... SB 603 Uniform Rules of Road; video screens visible to motor vehicle operator; prohibit ......................................................................................................................... SB 623 Uniform Rules; leaving child unattended in car; fine ................................................HB 1035 Vehicles Stopped by Law Enforcement During Nighttime Hours; driver and passengers remain in vehicle............................................................................................ SB 6 Vehicular Homicide in the Second Degree; change provisions ................................... SB 227
UNION COUNTY Public Property; conveyance; grant utility easements; 13 counties.............................. SR 651
UPSON COUNTY Deer Hunting; unlawful hunt within certain vicinity of feeds; certain counties .......... SB 328
USED MOTOR VEHICLE DEALERS AND PARTS Motor Vehicles; used parts dealers' registration; redefine rebuilder............................ SB 357

1922

3829

INDEX

Used Car Dealers; surety bond .....................................................................................HB 585
V
VERDICT AND JUDGMENT Appeals; judgments and rulings; amend provisions.....................................................HB 322 Bail; no judgement should be rendered in appearance bond........................................ SB 409 Bonding Companies; credits/vouchers; conditions not warranting forfeiture ............. SB 410 Executions; judgments; cancellation when satisfied ..................................................HB 1431 Supersedeas Bonds; provide for other types of security .............................................. SB 411
VERNONBURG, CITY OF Vernonburg, City of; homestead exemption; unremarried surviving spouse.............HB 1725
VETERANS AFFAIRS; DEPARTMENT OF VETERANS SERVICE Ad Valorem Tax; motor vehicles; exempt Medal of Honor recipients......................HB 1656 Ad Valorem Tax; motor vehicles; exempt veterans organizations ..............................HB 626 Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431 Georgia War Veterans Nursing Home Trust Fund; create; special plates ...................HR 614 Guardian/Ward; comprehensive rewrite of provisions ................................................HB 229 Homestead Exemption; certain veterans; maximum amount .....................................HB 1446 Hunting/Fishing; honorary licenses; disability certification ......................................HB 1608 License Plates; disabled veteran; vehicle owned by certain trust.................................HB 611 Occupation Taxes; certain exemption; Department of Veterans Service...................HB 1445 Prestige/Special License Plates; veterans awarded Purple Heart; no charge ............... SB 120 Purple Heart Highway; designate portion of State Route 232 .....................................HR 398 Special License Plates; Medal of Honor; surviving spouse retain .............................HB 1253 Special License Plates; retired reservists or National Guard members........................HB 274 Veterans' Homes; executive directors; appointment ..................................................HB 1390
VETERANS AFFAIRS; DISABLED VETERANS Hunting/Fishing; honorary licenses; disability certification ......................................HB 1608 Occupation Taxes; certain exemption; Department of Veterans Service...................HB 1445 Veterans' Homes; executive directors; appointment ..................................................HB 1390
VICTIMS OF CRIME (Also see Crimes and Offenses) Graffiti; compensation to property owners; use of inmate labor to remove graffiti from private property ....................................................................................... SB 313 Graffiti; criminal damage to property; programs for compensating owners, innocent victims ........................................................................................................... SB 312 Driving Under the Influence; additional penalties; victim compensation awards.............................................................................................................................HB 20

1923

3830

INDEX

Family Violence Fatalities; provide review panels and local committees; confidential meetings and records................................................................................ SB 339 Local Victim Assistance Programs; funding; amend provisions ...............................HB 1561 Restitutions; payment of medical cost from convicted persons; hold hearings ........... SB 419 Senior Protection Advisory Council; create ...............................................................HB 1250 Sexual Assault Victims; improved assistance; sexual abuse protocol committee ..................................................................................................................... SB 457
VITAL RECORDS Adoptions/Child-Placing Agencies; records access; birth records; practices ................ SB 55 Childhood Vaccination Registry; include all persons from birth to death .................HB 1526 Marriage; application of license; State Office of Vital Records; revisions ................. SB 478 Vital Records; birth certificate in legitimations, paternity, adoptions.......................... SB 263
VOCATIONAL, TECHNICAL, AND ADULT EDUCATION Colleges and Technical Schools; textbooks in electronic format.................................HB 712 Public Funds; certain write-offs; Department of Technical and Adult Education....................................................................................................................HB 1582 Student Achievement, Office of; create; comprehensive revisions regarding education accountability............................................................................................... SB 248
VOTER REGISTRATION AND VOTING (Also see Elections) Election Superintendent; office to remain open until ballots are counted ...................HB 114 Elections; direct recording electronic voting systems; amend provisions....................HB 427 Poll Officers; residents of the county/municipality served; remove requirements ................................................................................................................. SB 534 State Transportation Board; voting in caucuses; roll-call or show of hands................ SB 438 Voter Choice/Election Access Reform Act; political bodies nominate candidates ..................................................................................................................... SB 533 Voters; application for fishing, hunting serve as registration; procedures................... SB 541 Voting Precincts; boundaries; gated community or planned unit development.........HB 1228 Voting; direct recorded electronic voting systems; provide voter printed record of the vote cast .................................................................................................. SB 340
W
WAGES; MINIMUM WAGE LAW Georgia Minimum Wage Law; preempt certain wages/benefit; define terms ............. SB 495 Minimum Wage Mandates by Local Governments; preemption; exceptions ............HB 1258 Wages Paid by State Contractors or Subcontractors; living wage requirement ........... SB 303
WAGNER, DR. JAMES W.; President of Emory University; introduced............. Page 1280

1924

3831

INDEX

WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS
Licensed Physicians; volunteering for state, county, etc.; immune from liability.......................................................................................................................... SB 408
WALESKA, CITY OF Waleska, City of; corporate boundaries; municipal powers; amend provisions ........HB 1797
WALKER COUNTY Walker County Rural Water and Sewer Authority; amend provisions ......................HB 1494 Walker County; chief magistrate, probate court judge; nonpartisan elections............. SB 634
WALTON COUNTY Atlanta Regional Commission; certain counties; ratify partial incorporation............HR 1308
WARE COUNTY Ware County; board of elections; create ....................................................................HB 1721 Ware County; probate judge; nonpartisan elections...................................................HB 1601 Ware County; state court solicitor-general and judge; compensation........................HB 1602
WAREHOUSEMEN Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431 Georgia Self-Service Storage Facility Act; change certain definitions........................ SB 403
WARREN COUNTY Deer Hunting; unlawful hunt within certain vicinity of feeds; certain counties .......... SB 328
WARREN, COBB COUNTY SHERRIFF NEAL; recognized..................................... Page 3161
WASHINGTON, CITY OF Washington, City of; amend provisions .....................................................................HB 1681
WASTE MANAGEMENT Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431 Environmental Policy; regulatory decisions; publication requirements....................... SB 172 Landfill Sites; used for certain construction; required tests.........................................HB 495 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ...................................................... SB 273 Septic Tank Waste; disposal sites; handling facilities.................................................. SB 176 Sewage Holding Tanks; commercial waste; regulation .............................................HB 1408 Sewage Holding Tanks; removal, transport; regulation; definitions; penalties ........... SB 568

1925

3832

INDEX

Sewage On-Site Management Systems; DHR authorization; state-wide regulations; reduced trench length ............................................................................... SB 367 Solid Waste and Hazardous Water Response Trust Fund; create ..............................HR 1425 Solid Waste Management; permitting of facilities; certain prohibition .....................HB 1083 Tire Scrap Disposal/Storage; county/municipality enforce ordinance ......................... SB 348
WATER AND WASTEWATER TREATMENT PLANT OPERATORS AND LABORATORY ANALYSTS
Comprehensive State-Wide Water Planning Management Act; enact; Water Council; create..............................................................................................................HB 237 Joint Water Conservation Study Committee; create..................................................... SR 579 Local Sales Tax; special county 1 percent sales tax; water and sewer projects.........HB 1612 Senate Septage Disposal Study Committee; create ...................................................... SR 997 Solid Waste and Hazardous Water Response Trust Fund; create ..............................HR 1425 Surface/Ground Water; interbasin and intrabasin transfers; regulate ........................HB 1615 Water Resources; irrigation systems; certain shut-off switch ....................................HB 1277
WATER RESOURCES; PORTS AND WATERCRAFT (Also see Conservation) Annual Reports, Budgets, Audits; available to General Assembly; notification ................................................................................................................... SB 431 Comprehensive State-Wide Water Planning Management Act; enact; Water Council; create..............................................................................................................HB 237 Environmental Policy; regulatory decisions; publication requirements....................... SB 172 Flint River Drought Protection Act; issuance of ground water withdrawal permits; prohibit moratorium ....................................................................................... SB 614 Local Sales Tax; special county 1 percent sales tax; water and sewer projects.........HB 1612 Metropolitan North Georgia Water Planning District; meetings, dues payable........... SB 459 Public Transit; buses, rapid rail cars, stations; allow bottled water .............................HB 778 Shore Protection and Coastal Marshland Protection Committees; change membership; quorum..................................................................................................HB 1382 Solid Waste and Hazardous Water Response Trust Fund; create ..............................HR 1425 Surface/Ground Water; interbasin and intrabasin transfers; regulate ........................HB 1615 Water Pollution Control Projects; grants; nonpoint source water pollution ................ SB 530 Water Resources; comprehensive state water planning to control pollution and surface-water use; ground-water permits; river basin plans.................................. SB 180 Water Resources; irrigation systems; certain shut-off switch ....................................HB 1277 Watershed Dams; committee to study safety issues ..................................................... SR 442
WATERS, PORTS, AND WATERCRAFT Agricultural Water Conservation Incentive Program; create ....................................... SB 436 Bona Fide Conservation Use Property; undeveloped riverside/streamside lands............................................................................................................................HB 1107 Carbon Sequestration Registry Act; provide information system of registry............... SB 356

1926

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INDEX

Community Greenspace Preservation; definitions; land use as cemetery.................... SB 505 Crimes Against Person; redefine feticide; punishment for offense.............................. SB 474 Flint River Drought Protection Act; issuance of ground water withdrawal permits; prohibit moratorium ....................................................................................... SB 614 Forest Heritage Trust Act; advisory role for State Forestry Commission.................... SB 480 Funds for Public Roads; allocation; balancing federal/state funds between congressional districts; percentage............................................................................... SB 110 Georgia's Transportation Needs, Study Committee; create.......................................... SR 422 Joint Water Conservation Study Committee; create..................................................... SR 579 Natural Resources; conservation rangers; powers; watercraft inspection..................HB 1185 Property Involved With Illegal Drug Activities; enhanced penalties........................... SB 324 Public Transportation Funds; allocation among congressional districts ........................ SB 79 Public-Private Infrastructure Act; facilitate development of projects; transportation, environmental and public facilities ...................................................... SB 273 River and Harbor Dredging; beach replenishment.......................................................HB 727 Savannah River; Joint Port Authority Study Committee; proposed operation on both north and south sides of river .......................................................................... SR 271 Savannah River; urge bilateral port commission; GA/SC interstate compact ............. SR 240 Shore Protection and Coastal Marshland Protection Committees; change membership; quorum..................................................................................................HB 1382 Soil Erosion/Sedimentation; buffers along banks of all state waters; rules ................. SB 483 Spear Fishing in Certain Waters; authorize................................................................HB 1095 Water Pollution Control Projects; grants; nonpoint source water pollution ................ SB 530 Watershed Dams; committee to study safety issues ..................................................... SR 442
WAYNE COUNTY Property Conveyances; authorizing in 8 counties; Baldwin, Bartow, Chatham, Decatur, DeKalb, Fulton, Wayne and White ............................................... SR 224 Wayne County; probate judge, chief magistrate; time of nonpartisan elections........................................................................................................................ SB 370
WAYNESBORO, CITY OF Public Property; conveyance; grant utility easements; 13 counties.............................. SR 651
WEAPONS (Also see Firearms; Crimes and Offenses) Lifetime Sportsman's Licenses; certain nonresidents; provisions..............................HB 1362
WHITE COUNTY Property Conveyances; authorizing in 8 counties; Baldwin, Bartow, Chatham, Decatur, DeKalb, Fulton, Wayne and White ............................................... SR 224 White County Board of Education; reconstitute districts............................................. SB 343 White County; water and sewerage authority; membership provisions .....................HB 1668

1927

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INDEX

WILDLIFE (Also see Conservation and Natural Resources) Agriculture Commodity Commission on Beef; provisions; Pacific White Shrimp Aquaculture Development Act; enact............................................................HB 1766 Bona Fide Conservation Use Property; include wildlife habitat and production...................................................................................................................HB 1416 Deer Hunting; closed and open seasons; bag limits and antler restrictions ................. SB 317 Deer Hunting; specially adapted firearm for quadriplegic........................................... SB 430 Deer Hunting; unlawful hunt within certain vicinity of feeds; certain counties .......... SB 328 Hunting/Fishing; honorary licenses; disability certification ......................................HB 1608 Hunting/Fishing; preserve citizens' rights ....................................................................HR 985 Hunting Deer With Dogs; permits; amend provisions ...............................................HB 1558 State Symbols; green tree frog; designate official state amphibian .............................HB 365
WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Guardian/Ward; comprehensive rewrite of provisions ................................................HB 229
WINTERVILLE Winterville, City; commemorating............................................................................. SR 1028
WITNESSES (Also see Evidence; Criminal Procedures) Criminal Defendant Testimony; admit prior convictions alleged in indictment..................................................................................................................... SB 413 Health Care Claims Filed Electronically; expedited processing; timely payment ........................................................................................................................ SB 350 Sexual Assault Victims; improved assistance; sexual abuse protocol committee ..................................................................................................................... SB 457 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133 Torts; joint tort-feasors; standards in expert testimony; change provisions................. SB 576 Witnesses; criminal defendants; evidence of character; impeachment method ........... SB 484
WOODSTOCK, CITY OF Woodstock, City of; corporate limits .........................................................................HB 1815
WORKERS COMPENSATION Subsequent Injury Trust Fund; dissolution provisions...............................................HB 1579 Tort Actions; comprehensive revision; malpractice and product liability, damages, judgements, cap award limits; Civil Justice Reform Act ............................. SB 133 Workers' Compensation; certain claimants; appointment of guardian; settlements ..................................................................................................................HB 1278

1928

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WRENS Jefferson County; incorporate town of Wrens; establish compensation of members ....................................................................................................................... SB 509
Z
ZONING (Also see Property; Local Government) Appeals; certain decisions; exempt zoning and land use cases..................................HB 1215

1929

3836

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1930