Journal of the Senate of the State of Georgia regular session 2005 volume one commenced at Atlanta, Georgia, Monday, January 10, 2005 and adjourned March 31, 2005

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
REGULAR SESSION 2005
VOLUME ONE
Commenced at Atlanta, Georgia, Monday, January 10, 2005 and adjourned March 31, 2005
Printed on Recycled Paper
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OFFICERS
OF THE
STATE SENATE 2005
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
FREIDA ELLIS ..................................................................................................... Bill Clerk FULTON COUNTY
ROBERT EWING .................................................................................. Assistant Secretary DEKALB COUNTY
JEFFREY FOLEY.........................................................................................Calendar Clerk DEKALB COUNTY
CHEREE HARPER............................................................................................ Index Clerk FULTON COUNTY
MICHELLE SIMMONS ........................................................... Enrolling/Engrossing Clerk COBB COUNTY
DEBBIE SORRELLS......................................................................... Assistant to Secretary GWINNETT COUNTY
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MEMBERS OF THE
SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES,
WITH DISTRICTS AND ADDRESSES FOR THE TERM 2005-2006

Senators

District

Address

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

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

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

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

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

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

Joseph Carter (R) .......................................13 ............................................................ Tifton

Ronnie Chance (R) ....................................16 ...........................................................Tyrone

Jeff Chapman (R) .......................................03 .....................................................Brunswick

John Douglas (R) .......................................17 ..................................................... Covington

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

Greg Goggans (R) ......................................07 .........................................................Douglas

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

Johnny Grant (R) .......................................25 .................................................Milledgeville

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

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

Seth Harp (D) .............................................29 .........................................................Midland

Bill Heath (R) ............................................31 ..........................................................Bremen

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

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

Judson Hill (R) ...........................................32 .........................................................Marietta

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

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

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

Emanuel Jones (D) .....................................10 .....................................................Ellenwood

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

Michael S. Meyer von Bremen (D) ...........12 .......................................................... Albany

Steen Miles (D) ..........................................43 ..........................................................Decatur

Dan Moody (R) ..........................................56 ..................................................... Alpharetta

Jeff Mullis (R) ...........................................53 ................................................ Chickamauga

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Chip Pearson (R) .......................................51 .................................................. Dawsonville J.B. Powell (D) ..........................................23 ............................................................Blythe Kasim Reed (D) .........................................35 .......................................................... Atlanta Chip Rogers (R) .........................................21 .................................................... Woodstock Nancy Schaefer (R) ...................................50 .................................................... Turnerville Mitch Seabaugh (R) ...................................28 .................................................... Sharpsburg Valencia Seay (D) ......................................34 ................................................. College Park David Shafer (R) ........................................48 ........................................................... Duluth Preston Smith (R) ......................................52 .............................................................Rome Terrell Starr (D) .........................................44 ...................................................... Jonesboro Cecil Staton (R) .........................................18 ........................................................... Macon Bill Stephens (R) .......................................27 ...........................................................Canton Doug Stoner (D) ........................................06 ..........................................................Smyrna Horacena Tate (D) .....................................38 .......................................................... Atlanta Don Thomas (R) ........................................54 ........................................................... Dalton Regina Thomas (D) ...................................02 .......................................................Savannah Curt Thompson (D) ...................................05 ........................................................Norcross Steve Thompson (D) ..................................33 .........................................................Marietta Ross Tolleson (R) ......................................20 ..............................................................Perry Renee Unterman (R) ..................................45 ...........................................................Buford Charles Walker (D) ....................................22 .........................................................Augusta Dan Weber (R) ...........................................40 .................................................... Dunwoody Jim Whitehead, Sr. (R) ..............................24 ............................................................ Evans John Wiles (R) ...........................................37 ......................................................Kennesaw Tommie Williams (R).................................19 ............................................................ Lyons Sam Zamarripa (D) ....................................36 .......................................................... Atlanta

MONDAY, JANUARY 10, 2005

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Senate Chamber, Atlanta, Georgia Monday, January 10, 2005 First Legislative Day

The Senators-elect of the General Assembly of Georgia for the years 2005-2006 met pursuant to law in regular session in the Senate Chamber at 10:00 a.m. this day, and were called to order by the Lieutenant Governor, President of the Senate.

The members pledged allegiance to the flag.

Senator Johnson of the 1st introduced the chaplain of the day, Pastor Cam Huxford of Savannah, Georgia, who offered scripture reading and prayer.

The following communications were received by the Secretary:

STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334-0900

Sonny Perdue GOVERNOR

May 17, 2004

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

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

Dear Chairmen:

Please be advised that I have line item vetoed the following Sections in House Bill 1181:

Section 41, pertaining to the Department of Administrative Services, page 38, lines 1625 through 1627;

Section 42, provisions relative to the Department of Community Affairs, page 38, line 1653;

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Section 49, pertaining to the Department of Natural Resources, page 40, lines 1734 through 1742;
Section 53, pertaining to the Department of Transportation, pages 41 and 42, lines 1780 through 1784;
Section 53, pertaining to the Department of Transportation, page 42, lines 1789 through 1791;
Section 62, pertaining to Federal Funds, page 44, lines 1891 through 1895;
Section 63, pertaining to the General Obligation Debt Sinking Fund, page 51 - 52, lines 2189 through 2195;
Section 63, pertaining to the General Obligation Debt Sinking Fund, page 52, lines 2201 through 2205;
Section 63, pertaining to the General Obligation Debt Sinking Fund, page 52, lines 2220 through 2226;
The Veto Messages are attached for each item referenced above.
Sincerely,
/s/ Sonny Perdue
VETOES HB 1181
Section 41, pertaining to the Department of Administrative Services, page 38, lines 1625 through 1627
This language was approved in the 1996 session of the General Assembly to control the purchase of communications equipment that was not compatible with an 800-megahertz system. All communications equipment purchases are now under the direction of the Georgia Technology Authority and this language is inconsistent with general law. Therefore, this language (lines 1625 to 1627, page 38) in the Provisions Relative to Section 4, Department of Administrative Services is vetoed and has been vetoed previously.
Section 42, provisions relating to Department of Community Affairs, page 38, line 1653
This line item reads, "City of Augusta, Funding for the Augusta Mini-Theater after

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school program" and is funded at $50,000. Given our current budget environment, this funding should be obtained from private funding and local sources. Therefore this line item (line 1653, page 38) in the provisions relative to Section 7, Department of Community Affairs, is vetoed.
Section 49, pertaining to the Department of Natural Resources, page 40, lines 1734 through 1742:
Since FY 2000 state funds appropriated to the Environmental Protection Division of the Department of Natural Resources have been used to match federal Congestion Mitigation and Air Quality funds to provide mass transit subsidies for state employees. The use of state funds for subsidies to individuals has required special authorizing language in each appropriation bill since the initiation of this program. In FY 2003, the Georgia Building Authority began providing the state employee mass transit subsidy program with nonstate funds. This program has been subsequently transferred to the Georgia Regional Transportation Authority. This language is no longer necessary. Therefore, this language (lines 1734 to 1742, page 40) in the Provisions Relative to Section 24, Department of Natural Resources is vetoed.
Section 53, pertaining to the Department of Transportation, page 41, lines 1780 through 1784:
This language authorizes the Department to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law. All executive branch agencies are legally authorized to amend their budgets and transfer positions between budget functions when the Office of Planning and Budget has approved a properly drawn amendment to the annual operating budget. In addition, the number of positions in each budget function is not specified in the Governor's budget recommendation to the General Assembly or in the annual Appropriations Act making this language unnecessary. Therefore, this language (lines 1780 to 1784, page 41) in the Provisions Relative to Section 36, Department of Transportation is vetoed and has been vetoed previously.
Section 53, pertaining to the Department of Transportation, page 42, lines 1789 through 1791:
This language authorizes the Department to use available funding for right-of-way acquisition for a multi-lane road to connect the Atlanta Motor Speedway to Interstate 75 via State Road 20 and State Road 3. This project was funded in FY 2001. In addition, as a state route, this project is eligible for motor fuel funds and special language is not necessary. Therefore, this language (lines 1789 to 1791, page 42) in Provisions Relative to Section 36, Department of Transportation is vetoed and has been vetoed previously.

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Section 62, pertaining to Federal Funds, page 44, lines 1891 through 1895:
This language essentially provides a pool of federal money to be available only to supplant state funds. It prohibits an amendment of federal funds above the amount appropriated in the Appropriations Act for purposes other than to supplant state appropriations for the pertinent programs. This language limits the state's ability to accept additional federal funds as they become available throughout the fiscal year. Therefore, this language (lines 1891 to 1895, page 47) in Section 62 is vetoed and has been vetoed previously.
Section 63, pertaining to the General Obligation Debt Sinking Fund page 51 - 52, lines 2189 through 2195
This language authorizes the appropriation of $41,760 to finance projects and facilities of the Board of Regents of the University System of Georgia, specifically to plan and design renovations for an administrative/classroom building and a dormitory for post-secondary education and public safety use, through the issuance of $480,000 in principal amount of General Obligation Debt for 20 years. This project should not be considered for funding until a decision has been made as to the primary use of the facility. Therefore, this language (lines 2189 through 2195) in the Provisions relative to Section 39, General Obligation Debt Sinking Fund is vetoed.
Section 63, pertaining to the General Obligation Debt Sinking Fund, page 52, lines 2201 through 2205
This language authorizes the appropriation of $43,500 to finance projects and facilities of 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 $500,000 in principal amount of General Obligation Debt for 20 years. This project does not appear on any priority list of the Board of Regents of the University System of Georgia. Therefore, this language (line 2201 through line 2205,) in the Provisions Relative to Section 39, General Obligation Debt Sinking Fund is vetoed.
Section 63, pertaining to the General Obligation Debt Sinking Fund, page 52, lines 2220 through 2226
This language authorizes the appropriation of $97,875 to finance projects and facilities of the Board of Regents of the University System of Georgia, specifically a student center at Georgia Perimeter College, through the issuance of $1,125,000 in principal amount of General Obligation Debt for 20 years. The Georgia Perimeter College project is included in the amount appropriated ($97,155,000) in lines 1913 to 1919 on page 45. Lines 2220 to 2226 funds the Georgia Perimeter College project a second time at an excess cost of

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$1,125,000. Therefore, this language (lines 2220 to 2226, page 52) in the Provisions Relative to Section 39, State of Georgia General Obligation Debt Sinking Fund is vetoed.

STATE OF GEORGIA OFFICE OF THE GOVERNOR

Sonny Perdue GOVERNOR

May 17, 2004

The Honorable Mark Taylor President of the Senate 240 State Capitol Atlanta, Georgia 30334

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

Dear Lieutenant Governor Taylor and Sen. Johnson:

I have vetoed Senate Bills 423, 431, 449, and 604, which passed the General Assembly in the 2004 Regular Session.

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

Sincerely,

/s/ Sonny Perdue

STATE OF GEORGIA OFFICE OF THE GOVERNOR

Sonny Perdue GOVERNOR

May 17, 2004

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

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Dear Speaker Coleman:
I have vetoed House Bills 183, 198, 267, 502, 923, 1162, 1394, 1451, 1512, 1652, 669, 739, 960, 1754, and 1831, which were passed by the General Assembly of Georgia in the 2004 Regular Session.
Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit these bills to you together with the reasons for such vetoes. These bills and corresponding reasons for the vetoes are attached.
Sincerely,
/s/ Sonny Perdue

VETO NUMBER 1
House Bill 183 House Bill 183 addresses the issue of who can and who cannot "tattoo the body of any person...within one inch of...the eye socket of such person." It further would increase the penalty for a second violation of the prohibition against tattooing to a high and aggravated misdemeanor, meaning the potential fine for such tattooing is $5,000. Because that high a criminal fine is out of proportion with the offense, I VETO House Bill 183.
VETO NUMBER 2
House Bill 198 Among other things, House Bill 198 requires "[e]ach local board of education [to] adopt a policy providing for a code of ethics to govern members of the local board of education." For the second year in a row, and despite the hard work of many reform-minded members of both the House and Senate, the General Assembly failed to pass any ethics reform whatsoever applicable to the General Assembly itself. I remain firmly committed to reforming the ethics laws governing state elected officials, which, as I have so often pointed out, are among the weakest of any state in the nation. The General Assembly, having failed to pass ethics reform applicable to itself, has not earned the right to pass down a mandate for ethics reform applicable to local school boards; I therefore VETO House Bill 198.
VETO NUMBER 3
House Bill 267 House Bill 267 lowers the maximum employee contribution rate for the Teachers Retirement System from six percent to five percent, and the minimum from five percent to three percent. Although I would not object to providing flexibility to lower the contribution rate below five percent, setting the maximum at five percent places

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an undue burden on the system's Board of Trustees and limits the system's ability to respond appropriately to adverse market conditions. We must protect the solvency of the retirement system for teachers. Those who served our students and our state for decades of their lives should not have their retirement put at risk. I therefore VETO House Bill 267.
VETO NUMBER 4
House Bill 502 House Bill 502 would provide for future cost of living adjustments to the state grant appropriated for the compensation of juvenile court judges. Prior to 2000, Georgia counties were almost entirely responsible for funding the juvenile court system, including paying the salaries of juvenile court judges. During the 2000 Session of the Georgia General Assembly, the Legislature significantly raised the State's financial commitment to juvenile justice by passing a law that required a mandatory "grant" to counties to fund a juvenile court judge in each circuit at $85,000 per year. The State's intent with the enactment of that bill was to provide a maximum "grant" to local governments, not to assume full responsibility for funding salaries of juvenile court judges. Legislators and judges believed that counties would continue to support juvenile courts and supplement juvenile court judges' salaries.
The COLAs anticipated in House Bill 502 would be the first step toward a deviation from the maximum grant funding level the General Assembly approved in 2000. Juvenile Court judges play a vital role in our judicial system. As state policy changes increase judges' caseloads in the future, or if the General Assembly in a future session makes clear that it wishes to reverse the policy decision it made in 2000, I will revisit this issue. I VETO House Bill 502.
VETO NUMBER 5
House Bill 923 House Bill 923 addresses a number of unrelated issues relating to the state's retirement systems. As a threshold matter, retirement bills deal with unique issues, and as such, should be considered individually as stand-alone bills as opposed to bills like House Bill 923 that logroll several disparate provisions together. I am particularly concerned about this bill adding yet another group of executive branch employees this time administrative law judges to the Judicial Retirement System, which was originally intended for elected judicial officials. I therefore VETO House Bill 923.
VETO NUMBER 6
House Bill 1162 House Bill 1162 would enact the Ignition Interlock Device Providers Act, regulating the providers of such devices. No case has been made that such devices or their providers are in need of additional state regulation beyond that the judicial system

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already provides. The bill also contains an unrelated provision establishing and regulating rotation lists for auto towing services for government use. Absent a strong case demonstrating a need for additional state regulatory authority, I am not inclined to erect additional and complex state regulatory mechanisms. I therefore VETO House Bill 1162.
VETO NUMBER 7
House Bill 1394 Among other things, House Bill 1394 eliminates an exception currently in the law that exempts elementary school and high school athletic trainers from licensing requirements. The Georgia School Boards Association and the Georgia School Superintendents Association have expressed concerns that this bill would place an undue burden on school systems, particularly smaller, less wealthy, and rural systems, to pay for extensive training and licensure of everyone involved in school athletics whose functions arguably might require licensure if this exception is removed. Because we should not impose such burdensome regulation on local systems without a compelling case that such regulation is vitally needed, I VETO House Bill 1394.
VETO NUMBER 8
House Bill 1451 House Bill 1451 seeks to promote a laudable goal: that engaged couples seek professional premarital counseling prior to marriage. The bill increases the fee for a marriage license from $10 to $50 if the applicant couple has not completed a "qualifying marriage preparation program." Although I am wholly in support of the idea of premarital counseling, the bill seeking to codify this idea into law suffers from the following ambiguities and technical flaws. First, by specifying that for a member of the clergy to perform the qualified counseling, such clergy member must be "active." Retired members of the clergy should not be excluded from providing the required counseling, particularly given the many years of experience many such retired clergy members have. Second, the bill speaks to required "counseling," but requires that the "counseling shall include at least four hours of instruction." Because the term "counseling" is undefined, it is not clear whether the required "counseling" is cumulative of the required "four hours of instruction," or whether additional "counseling," falling outside the definition of "instruction," is also prescribed. Being unwilling to introduce uncertainty and vagueness into so fundamental a social institution as marriage, I VETO House Bill 1451.
VETO NUMBER 9
House Bill 1512 House Bill 1512 would grant the Georgia Board of Chiropractic Examiners the authority to expunge records of certain disciplinary infractions by licensed chiropractors. The entire purpose of public disciplinary records of licensed professionals is to inform the public of infractions so that persons seeking to engage the services of

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professionals are apprised of any violations committed by professionals. Furthermore, it is not clear from this bill precisely what sort of infractions the Board could expunge. I therefore VETO House Bill 1512.
VETO NUMBER 10
House Bill 1652 House Bill 1652 would create a "Regional Commission on Homelessness." The functions and purposes of this Commission are duplicative of those of the Commission I have already created by Executive Order No. 02.11.04.01, the "Georgia Interagency Homeless Coordinating Council." I therefore VETO House Bill 1652.
VETO NUMBER 11
House Bill 669 House Bill 669 is local legislation applicable to Clay County. The sponsor of this bill has requested that it be vetoed. I therefore VETO House Bill 669.
VETO NUMBER 12
House Bill 739 House Bill 739 would change the Probate Courts Retirement Fund system in two ways: first, to allow a member to name a beneficiary other than a spouse; and second, to allow a surviving spouse to name a beneficiary other than himself or herself. The only other state retirement system allowing the first option is the Judicial Retirement System, and the members of that system contribute an extra 2.5 percent for spousal or other designee benefits, whereas House Bill 739 does not provide for any additional contribution by its members. It appears that no other system allows the second option. Further review is needed before granting these enhanced benefits to a single system. I therefore VETO House Bill 739.
VETO NUMBER 13
House Bill 960 House Bill 960 is local legislation applicable to the City of Perry. The sponsor of this bill has requested that it be vetoed. I therefore VETO House Bill 960.
VETO NUMBER 14
House Bill 1754 House Bill 1754 is local legislation applicable to the City of Griffin. The sponsor of this bill has requested that it be vetoed. I therefore VETO House Bill 1754.

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VETO NUMBER 15
House Bill 1831 House Bill 1831 is local legislation applicable to the City of Alpharetta. The sponsor of this bill has requested that it be vetoed. I therefore VETO House Bill 1831.
VETO NUMBER 16
Senate Bill 423 Senate Bill 423 constricts the appointment authority of the Governor relating to the Stone Mountain Memorial Association in two ways: first, it requires the appointment of a botanist; second, it replaces the current requirement that one member "be a resident of the metropolitan Atlanta area" with a requirement that one member "be a resident of the Stone Mountain area [undefined]." If persons interested in the work of the Association desire the appointment to the Association of a botanist or someone living closer to Stone Mountain, I would encourage them to submit any such names for consideration to the Office of the Governor. Because the appointment power of the Governor should not be constricted in statute, however, I VETO Senate Bill 423.
VETO NUMBER 17
Senate Bill 431 Among other things, Senate Bill 431 requires the Commissioner of Community Health to make various reports concerning the State Health Benefit Plan. Because this information is readily available to members of the General Assembly upon request, I VETO Senate Bill 431.
VETO NUMBER 18
Senate Bill 449 Among other things, Senate Bill 449 enacts the "Soil Scientists Licensing Act of 2004." No case has been made that unlicensed soil scientists have posed a danger to the public. The Environmental Protection Division of the Department of Natural Resources and the Department of Human Resources already regulate the soil quality issues relevant to the permitting of septic tank and wastewater and sewer systems. Absent a compelling case, I am unwilling to erect complex new regulatory schemes that create additional burdens. I therefore VETO Senate Bill 449.
VETO NUMBER 19
Senate Bill 604 Senate Bill 604 would create a presumption that every public safety worker who is disabled by contracting hepatitis, HIV, meningococcal meningitis, or tuberculosis has suffered such disability "in the line of duty," thereby entitling any such worker to disability benefits. If such a worker contracts one of the listed illnesses, it would be at best invasive and difficult, and at worst impossible, to rebut and disprove this presumption. The practical effect of this bill would be to extend disability benefits

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intended for injuries in the line of duty to every public safety worker who contracts one of the listed illnesses. I therefore VETO Senate Bill 604.

Hugh M. Gillis, Sr. District 20 302 Louisiana Avenue, West Soperton, Georgia 30457

Committees: Appropriations Economic Development and Tourism Finance Natural Resources and the Environment Reapportionment and Redistricting

July 12, 2004

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

Dear Frank,

It really has been a pleasure serving with you in the Senate. You have done an outstanding job as Secretary of the Senate. You have been a true friend and I want you to know that I appreciate your help and friendship.

I am sure that you are aware of my intention to resign from the Senate the latter part of July to become a member of the Georgia Ports Authority. Without a doubt I will miss you and my friends in the Senate but I look forward to serving as a member of our ports authority. I have already attended one meeting and I am impressed by the fact that we have the fastest growing ports on the east coast, but we were informed that many improvements must be made to handle the larger ships that will be coming to our ports in the near future.

Thank you for being my friend and I hope to see you as soon as possible.

Best wishes to you and your family.

Sincerely,

/s/ Hugh M. Gillis, Sr. Senator, 20th District

Senator Eric Johnson District 1

Committees: Appropriations Economic Development and Tourism

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321 State Capitol Atlanta, GA 30334

Education Ethics Finance Natural Resources and the Environment Reapportionment and Redistricting Regulated Industries and Utilities Rules

The State Senate Atlanta, Georgia 30334

July 27, 2004

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

Dear Frank,

As Senator Ross Tolleson has been named chairman of the Senate Natural Resources and the Environment Committee, please remove him as a member of the Senate Retirement Committee.

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

Sincerely,

/s/ Eric Johnson Senate President Pro Tempore

Senator Rooney Bowen District 13 121-A State Capitol Atlanta, GA 30334

Committees: Public Safety and Homeland Security Appropriations Natural Resources and the Environment Regulated Industries and Utilities
The State Senate Atlanta, Georgia 30334

September 16, 2004

Honorable Eric Johnson Senate President Pro Tempore

Honorable Mark Taylor Lieutenant Governor

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321 State Capitol Atlanta, Georgia 30334

240 State Capitol Atlanta, Georgia 30334

Honorable Bill Stephens Senate Majority Leader 234 State Capitol Atlanta, Georgia 30334

Members of the Committee on Assignments,

Effective September 16, 2004, please accept this letter as notice of my resignation as chairman and member of the Senate Public Safety and Homeland Security Committee. It has been an honor to serve and make great progress on the laws that affect law enforcement and homeland security.

If you have any questions, please do not hesitate to call me.

Sincerely,

/s/ Senator Rooney Bowen

Senator Eric Johnson District 1 321 State Capitol Atlanta, GA 30334

Committees: Appropriations Economic Development and Tourism Education Ethics Finance Natural Resources and the Environment Reapportionment and Redistricting Regulated Industries and Utilities Rules

The State Senate Atlanta, Georgia 30334

September 16, 2004

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

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Dear Frank,

The Committee on Assignments has appointed Senator Randy Hall as chairman of the Senate Public Safety and Homeland Security Committee.

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

Sincerely,

/s/ Eric Johnson Senate President Pro Tempore

Senator Eric Johnson District 1 321 State Capitol Atlanta, GA 30334

Committees: Appropriations Economic Development and Tourism Education Ethics Finance Natural Resources and the Environment Reapportionment and Redistricting Regulated Industries and Utilities Rules

The State Senate Atlanta, Georgia 30334
September 21, 2004

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

Dear Frank,

As Senator Randy Hall has been named chairman of the Senate Public Safety and Homeland Security Committee, please remove him as a member of the Senate Science and Technology Committee.

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

Sincerely, /s/ Eric Johnson Senate President Pro Tempore

Senator Connie Stokes District 43 121-H State Capitol Atlanta, GA 30334

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Committees: Banking and Financial Institutions Health and Human Services Insurance and Labor Special Judiciary

The State Senate Atlanta, Georgia 30334
October 14, 2004
Mr. Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Mr. Eldridge
It is with mixed emotion that I tender my resignation from the State Senate effective at midnight tonight, as I will be sworn in as a DeKalb County Commissioner at 2:00 P.M. tomorrow.
It is an honor to have been elected by the greatest constituency on Earth, those citizens of the 43rd Senatorial District, to serve the great people of Georgia for the past ten years. It has been a true privilege to serve with my colleagues, even those with whom I did not always agree.
The past ten years have been most meaningful and an outstanding learning experience. I came to serve in this august body never having held public office and depart with the knowledge that I have been blessed with a legacy of having been a part of making history in this great State.
Thank you, my colleagues and the staff for making this 10-year tenure such an outstanding experience.
/s/ Connie Stokes State Senator District 43
The following communication from the Honorable Cathy Cox, Secretary of State, certifying the Senators-Elect in the General Election of 2004, was received and read by the Secretary:

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STATE OF GEORGIA
OFFICE OF SECRETARY OF STATE
I, Cathy Cox, Secretary of State of the State of Georgia, do hereby certify that the attached three (3) pages of typewritten matter constitute a true and correct list of State Senators in the General Assembly of Georgia in the 2004 General Election held on November 2, 2004; all as the same appear of file and record in this office.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 31st day of December, in the year of our Lord Two Thousand and Four and of the Independence of the United States of America the Two Hundred and Twenty-Ninth.
/s/ Cathy Cox Secretary of the State

CANDIDATE

TITLE

ERIC JOHNSON

STATE SENATOR, DISTRICT 1

REGINA THOMAS

STATE SENATOR, DISTRICT 2

JEFFREY LAMAR CHAPMAN

STATE SENATOR, DISTRICT 3

JACK HILL

STATE SENATOR, DISTRICT 4

CURT BLACKBURN THOMPSON, II STATE SENATOR, DISTRICT 5

WILLIAM DOUGLAS STONER

STATE SENATOR, DISTRICT 6

GREGORY GRINER GOGGANS

STATE SENATOR, DISTRICT 7

TIMOTHY ROBERT GOLDEN

STATE SENATOR, DISTRICT 8

DONALD KENNETH BALFOUR, II STATE SENATOR, DISTRICT 9

EMANUEL D. JONES

STATE SENATOR, DISTRICT 10

JOHN D. BULLOCH, JR

STATE SENATOR, DISTRICT 11

MICHAEL S.MEYER VON BREMEN STATE SENATOR, DISTRICT 12

JOSEPH I. CARTER

STATE SENATOR, DISTRICT 13

GEORGE HOOKS

STATE SENATOR, DISTRICT 14

ED HARBISON

STATE SENATOR, DISTRICT 15

RONALD W. CHANCE

STATE SENATOR, DISTRICT 16

JOHN FOSTER DOUGLAS

STATE SENATOR, DISTRICT 17

CECIL POPE STATON, JR.

STATE SENATOR, DISTRICT 18

TOMMIE ANDREW WILLIAMS

STATE SENATOR, DISTRICT 19

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THORBORN ROSS TOLLESON, JR. "CHIP" WILLIAM M. ROGERS CHARLES WILL WALKER JAMES B. (J.B.) POWELL JAMES LESLIE WHITEHEAD, SR. JOHN WILLIAM GRANT, III ROBERT BROWN WILLIAM V. STEPHENS MITCHELL WAYNE SEABAUGH BERT SETH HARP, JR. WILLIAM (BILL) G. HAMRICK, III WILLIAM DONALD HEATH, JR. JUDSON H. HILL STEPHEN P. THOMPSON VALENCIA SEAY KASIM REED SAM ZAMARRIPA JOHN J. WILES HORACENA TATE VINCENT D. FORT DANIEL J. WEBER STEPHEN BRADLEY HENSON DAVID ADELMAN STEEN MILES TERRELL A. STARR RENEE' S. UNTERMAN BRIAN P. KEMP RALPH T. HUDGENS DAVID J. (DAVE) SHAFER L. S. CASEY CAGLE NANCY SMITH SCHAEFER EUGENE "CHIP" PEARSON PRESTON WILLIAMS SMITH JEFF E. MULLIS DONALD R. THOMAS GLORIA SINGLETON BUTLER DAN MOODY

STATE SENATOR, DISTRICT 20 STATE SENATOR, DISTRICT 21 STATE SENATOR, DISTRICT 22 STATE SENATOR, DISTRICT 23 STATE SENATOR, DISTRICT 24 STATE SENATOR, DISTRICT 25 STATE SENATOR, DISTRICT 26 STATE SENATOR, DISTRICT 27 STATE SENATOR, DISTRICT 28 STATE SENATOR, DISTRICT 29 STATE SENATOR, DISTRICT 30 STATE SENATOR, DISTRICT 31 STATE SENATOR, DISTRICT 32 STATE SENATOR, DISTRICT 33 STATE SENATOR, DISTRICT 34 STATE SENATOR, DISTRICT 35 STATE SENATOR, DISTRICT 36 STATE SENATOR, DISTRICT 37 STATE SENATOR, DISTRICT 38 STATE SENATOR, DISTRICT 39 STATE SENATOR, DISTRICT 40 STATE SENATOR, DISTRICT 41 STATE SENATOR, DISTRICT 42 STATE SENATOR, DISTRICT 43 STATE SENATOR, DISTRICT 44 STATE SENATOR, DISTRICT 45 STATE SENATOR, DISTRICT 46 STATE SENATOR, DISTRICT 47 STATE SENATOR, DISTRICT 48 STATE SENATOR, DISTRICT 49 STATE SENATOR, DISTRICT 50 STATE SENATOR, DISTRICT 51 STATE SENATOR, DISTRICT 52 STATE SENATOR, DISTRICT 53 STATE SENATOR, DISTRICT 54 STATE SENATOR, DISTRICT 55 STATE SENATOR, DISTRICT 56

Senator Stephens of the 27th introduced the Chief Superior Court Judge of Bell-Forsyth County Judicial Circuit Court, Cumming, Georgia, Jeff Bagley, who administered the following oaths of office to all Senators-elect: "I do solemnly swear or affirm that I will support the Constitution of this state and of the United States and, on all questions and measures which may come before me, I will so

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conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this state.

I further swear or affirm that I am not the holder of any unaccounted for public money due this state or due any political subdivision or authority thereof; and that I am not the holder of any office of trust under the government of the United States, nor of any state, nor of any foreign state, which by law I am prohibited from holding, that I have been a resident of my district for the time required by the Constitution and the laws of this state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. So help me God."

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

Adelman Balfour Brown Bulloch Butler Cagle Carter Chance Chapman Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Heath Henson

Hill,Jack Hill,Judson Hooks Hudgens Johnson Jones Kemp Me V Bremen Miles Moody Mullis Pearson Powell Reed Rogers Schaefer,N Seabaugh Seay Shafer,D

Smith Starr Staton Stephens Stoner Tate Thomas,D Thomas,R Thompson,C Thompson,S Tolleson Unterman Walker Weber Whitehead Wiles Williams Zamarripa

The Lieutenant Governor addressed the Senate as follows:

Ladies and gentleman of the Senate . . . I am honored to welcome you to this body. I especially want to welcome the 21 freshman Senators who are here beginning your first session as Georgia senators. This is a huge accomplishment for you, your families and your supporters.

Each of you assumes today the duty and high honor of representing the views and aspirations of about 150,000 Georgians in each of your districts. You join your colleagues as both an architect and protector of the hopes and dreams of ALL the people

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of our great state.
Now that the gavel has fallen, and we are officially in session, we come together -- not so much as agents of political parties--but as agents of the people. And this is the single most important thing I can tell you today:
For over two hundred years, elections have shifted the pendulum of political power from one side to another, but elections do not change the concerns and hopes of the people.
While the political landscape changes, the people and the issues that they face every day with their families remain constant. And that's what you have to remember ... because that is why we are here to help the people of Georgia. We are here to fight for better education for Georgia's children, to make her communities safer, to stand up for affordable healthcare for her families and to reignite her economy.
For those of you who are new, you might soon realize that getting here was the easy part, but don't let that scare you.
After a contentious election can members of both parties now put the public interest above partisan interest? You are obviously up to this public service challenge.
We can and we will.
Members of both parties have worked together successfully before and we will do it again.
I am proud of the bipartisan accomplishments that we have achieved in this chamber ... toughening sex offender laws, passing Georgia's first child endangerment law, implementing background checks for those who care for seniors and children, eliminating the statute of limitations for the most violent crimes, creating the DNA database, fighting domestic violence and reforming women's health care.
And for the past three years, this chamber has worked together to pass real ethics reform legislation. Ethics will be discussed today. Let's do the right thing for the public image of this body. We are here, all of us, for the betterment of Georgia. We are here to work together to move this state forward. The only way to do that is to put the elections and the rhetoric away and commit to getting the business of the people done -- together.
As we have witnessed throughout the history of this body, there will always be spirited, vigorous, sometimes eloquent and sometimes colorful debate on legislative proposals.
But it is important on this first day of our session for us to appreciate and celebrate the

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strength and stability of our democracy.
Let us remember that in the long run...the people of Georgia will judge us not on which political party we belong to or the procedural roles we play in the Senate ....but on how we perform...as a body...to lower class sizes for our children...to make our families safe from predators on the street as well on the Internet...to fight for affordable prescription drugs ...to jump start the economic momentum which our state generated in past years... and to operate a state government that is ethical, transparent, and fair to all the people of the State. Ethical, Transparent and Fair.
I want to publicly pledge to you as I have committed in private to many of you: As I fulfill the constitutional role to which I have been elected - to preside over the Georgia Senate - I shall do so faithfully and fairly.
I look forward to working with all of you this session. I have complete confidence that we will do our best in expressing the will of the people...the will that should guide us to work toward the betterment of this great state that we will love and serve.
The President announced the next order of business was the election of the President Pro Tempore.
Senator Stephens of the 27th nominated Senator Johnson of the 1st as President Pro Tempore.
Senator Stephens of the 27th asked unanimous consent that the nominations be closed and that the Secretary cast the unanimous vote of the Senate for Senator Johnson of the 1st.
The consent was granted, and the President declared Senator Johnson of the 1st duly elected President Pro Tempore.
The President appointed Senators: Stephens of the 27th, Brown of the 26th, Starr of the 44th, Chapman of the 3rd and Goggans of the 7th to escort Senator Johnson of the 1st to the Well of the Senate, where he addressed the Senate briefly.
The President Pro Tempore, Eric Johnson of the 1st, addressed the Senate as follows:
Thank you from the bottom of my heart for this honor. I will continue to try to lead this body with integrity and respect for the institution. While we remain a Senate where the majority party differs from the presiding officer, the Lt. Governor and I pledge to work together to navigate through the next two years ... and help each of you succeed and grow.

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Later today, the Committee on Assignments will release your Committee assignments. We have been working on this for 2 months. I hope that, when looked at globally, you will see thoughtful selections. Nobody got everything and everybody got something.
There will be 14 new Chairmen and the highest percentage of minority chairs in history.
First, let me speak to the veterans in the Senate. This is a young Senate: 21 freshmen the second highest in history. Thirty-four Senators have less than three years experience. We have lost a lot of institutional knowledge in the past two elections. Senator Terrell Starr is our most senior member with 37 years of experience. The wisdom and counsel of the veterans are crucial.
There is a new House majority. And after 21 years with Speaker Tom Murphy, they have had two Speakers in three years. Every single Committee Chair will be new. They, too, will need us to guide them through the transition process that we went through just 2 years ago.
Now, let me speak to the freshmen in the Senate. You are embarking on a wonderful journey ... and a mission. You may be the most talented and capable class ever!
You now bear the title of "Senator." Some will be called "Chairman" or "Leader." On the other side of that rear wall are hundreds of people who are paid a lot of money to make us feel important. But it is not about you!
Our republic gives you the right to make decisions that affect 150,000 people in your district and 8,500,000 people in Georgia. It is an awesome responsibility with great rewards and deep frustrations.
But, you have been loaned this power by the citizens for two years.
Here is my advice on how to keep your seat ... and your perspective.
Be grounded. Never forget your family, your business, or your constituents. This is a part time job with full time responsibilities. Don't let it consume you.
Be honest. Your word is the only currency you have here.
Be patient. There are no shortcuts to success. There are no easy answers to higher test scores, better health, or traffic relief. The issues are complex. We will have two to three "partisan" issues, but also five to six emotional ones.
So, be civil. We are not enemies. Make friends across the aisle. Visit other districts. Think globally. We have come from different places and unite here in an effort to make

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life a little better for our constituents and leave Georgia a better place for our children.
Finally, have fun. Keep your sense of humor. Take the job seriously but not yourself.
Finally, I want to speak to the families. Thank YOU for what you have done to create this new Senate. But your responsibilities didn't end on election night....
Be patient and understanding with your new Senator. This is a life that is hard to explain to those who aren't here. It is a juggle of time and issues. It is late nights and phone calls from strangers. It is life in a fishbowl. We are doing everything we can to make this public service more "family friendly" with predictable work days and fewer committees and bills. The new House leadership is working closely with us to be done by the end of March. We will start late on Mondays and end early on Fridays so that you can spend the entire weekend with your family.
Keep us grounded. My wife and I recently left an event where I was addressed as a great American. When we got in the car on the ride home I looked to her and asked her how many Great Americans she thought there were. She looked at me and said, only as a wife can, "Not as many as you think."
But the God that knows every hair on our head placed us here at this time and in this place for a purpose. So pray for us. Pray for a humble spirit. Pray for discernment and wisdom. Pray for the courage to do His will.
If we are serving His purpose, we will succeed!
Thank you all and God bless Georgia.
The President resumed the Chair.
The President announced the next order of business was the election of the Secretary of the Senate.
Senator Johnson of the 1st nominated the Honorable Frank Eldridge, Jr., as Secretary of the Senate.
Senator Stephens of the 27th asked unanimous consent that the nominations be closed and that the Assistant Secretary be instructed to cast the vote of the entire body for Honorable Frank Eldridge, Jr.
The consent was granted, and the Honorable Frank Eldridge, Jr. was declared duly elected Secretary of the Senate.

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The President Pro Tempore administered the following oath of office to Frank Eldridge, Jr., Secretary of the Senate:
"I do hereby solemnly swear or affirm that I will discharge my duties faithfully and to the best of my skill and knowledge. So help me God."
Frank Eldridge, Jr., Secretary of the Senate, addressed the Senate briefly.
The President announced the next order of business was the election of the Sergeant at Arms of the Senate.
Senator Starr of the 44th nominated Matthew Hill as Sergeant at Arms of the Senate.
Senator Stephens of the 27th asked unanimous consent that the nominations be closed and the Secretary be instructed to cast the vote of the entire body for Matthew Hill as Sergeant at Arms of the Senate.
The consent was granted, and Matthew Hill was declared duly elected Sergeant at Arms of the Senate.
Matthew Hill, Sergeant at Arms, addressed the Senate briefly.
The following resolution was read and put upon its adoption:
SR 2. By Senators Johnson of the 1st, Stephens of the 27th and Balfour of the 9th:
A RESOLUTION
Adopting the Rules of the Senate; and for other purposes.
BE IT RESOLVED BY THE SENATE that the following, upon adoption of this resolution, shall constitute the rules of the Senate for the regular 2005 session and for the duration of this General Assembly:
RULES OF THE SENATE
SECTION ONE OFFICERS, SENATORS, EMPLOYEES, AND ETHICS
PART 1: OFFICERS OF THE SENATE

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1-1.1 President of the Senate
(a) There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. The Lieutenant Governor shall be the President of the Senate and shall have such executive duties as prescribed by the Governor and as may be prescribed by law not inconsistent with the powers of the Governor or other provisions of this Constitution. The compensation and allowances of the Lieutenant Governor shall be as provided by law. (Ga. Const., art. V, sec. I, par. III.)
(b) The Lieutenant Governor shall, before entering on the duties of office, take an oath or affirmation as prescribed by law.(Ga. Const. art. V. sec I, par VI).
(c) The presiding officer of the Senate shall be called the "President of the Senate". (Ga. Const., art. III, sec. III, par. I.)
(d) As used in these Rules, the term "President of the Senate" refers solely to the Lieutenant Governor and "President" refers to the Lieutenant Governor, the President Pro Tempore, or any other Senator who is presiding over the Senate.
(e) All Acts and resolutions shall be signed by the President of the Senate and Secretary of the Senate and all writs, warrants, and subpoenas issued by order of the Senate shall be signed by the President of the Senate and attested by the Secretary of the Senate.
(f) All Acts shall be signed by the President of the Senate and the Speaker of the House of Representatives. (Ga. Const., art. III, sec. V, par. X.)
1-1.2 President Pro Tempore
(a) A President Pro Tempore shall be elected by the Senate from among its members by a majority of the Senators voting, provided the total vote constitutes a quorum. The President Pro Tempore shall act as President in case of the temporary disability of the President of the Senate. In case of the death, resignation, or permanent disability of the President of the Senate or in the event of the succession of the President of the Senate to the executive power, the President Pro Tempore shall become President of the Senate and shall receive the same compensation and allowances as the Speaker of the House of Representatives. The General Assembly shall provide by law for the method of determining disability as provided in this Paragraph. (Ga. Const., art. III, sec. III, par. I.)
(b) Whenever from any cause the President of the Senate shall be absent, the President Pro Tempore shall preside. If both shall be absent, the Secretary of the Senate shall call

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the Senate to order and shall preside until the election of an acting presiding officer, which said election shall be the first business of the Senate. The acting presiding officer shall preside until the return of one of the first named officers, at which time his or her functions shall cease.
(c) The President of the Senate may, during a day's session, name the President Pro Tempore or the designee of the President Pro Tempore to perform the duties of the Chair during any part of that day, but no longer.
(d) While presiding, or in the absence of the President of the Senate, the President Pro Tempore shall have the same powers and duties as the President of the Senate. (O.C.G.A. 28-1-6)
(e) The President Pro Tempore shall serve as Parliamentarian of the Senate.
1-1.3 Voting Rights of a Senator when Presiding
When the President Pro Tempore or any other Senator is presiding, he or she shall not vote unless the Senate shall be equally divided, or unless his or her vote, if given to the minority, will make the division equal. The presiding Senator shall vote in all elections. In all cases where a fixed constitutional vote is required to pass a bill or measure under consideration, and said bill or measure shall lack only one vote to pass the same, the presiding Senator shall vote, and his or her vote shall be counted the same as that of any other member.
1-1.4 Caucus Officers
The Majority Party may, by caucus, elect a Majority Leader and a Majority Whip, whose names shall be certified to the Secretary of the Senate. The Minority Party may, by caucus, elect a Minority Leader and a Minority Whip, whose names shall be certified to the Secretary of the Senate.
1-1.5 Secretary of the Senate
(a) There shall be a Secretary of the Senate elected by the members of the Senate by recorded vote, and a majority of votes cast is necessary to elect. The term of office shall be the time for which the members of the Senate are elected and until their successors are elected. (O.C.G.A. 28-3-20) (Ga. Const. art. III, sec. III, par. III)
(b) The Secretary of the Senate, before entering on the discharge of his or her duties, shall take an oath before the presiding officer of the Senate to discharge his or her duties faithfully and to the best of his or her skill and knowledge. Said oath should be entered in the Journal of the Senate. (O.C.G.A. 28-3-25)

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(c) The Senate shall be organized by the Secretary of the Senate who shall be the exofficio presiding officer until a presiding officer is elected. No question except one relating to the organization shall be entertained by such officer; and, in deciding such question, he or she shall be governed, as far as practicable, by the standing rules of the Senate. In the absence of such officer, his or her assistant may officiate. In the absence of both, the Senate may appoint a chairman whose powers and duties shall be the same as those of the Secretary.(O.C.G.A. 28-1-3)
(d) Immediately after his or her election, the Secretary of the Senate shall give bond and security in the sum of $5,000, payable to the Governor and his or her successors in office, and conditioned for the faithful discharge of his or her respective duties. The bonds shall be approved by the President of the Senate. (O.C.G.A. 28-3-21)
1-1.6 Sergeant at Arms
(a) The Senate is entitled to a Sergeant at Arms who shall perform such duties as may be required of him or her, who shall be elected by the Senate and a majority of votes cast is necessary to elect. He or she shall be compensated as provided by resolution of the Senate. (O.C.G.A. 28-3-1)
(b) It shall be the duty of the Sergeant at Arms to attend to the wants of the Senate while in session, to aid in the enforcement of order under the direction of the President and the Decorum Committee, to supervise the doorkeepers, and to execute the demands of the Senate from time to time, together with all such processes, issued under its authority, as may be directed to him or her.
(c) The President Pro Tempore shall have power to suspend the Sergeant at Arms for misconduct or neglect of duty. He or she shall report any such suspension to the Senate on its next regular business day thereafter for such action as the Senate may see fit to take.

PART 2: SENATORS
1-2.1 Oath of Office
(a) In addition to any other oath prescribed by law, each Senator, before taking the seat to which elected, shall take the following oath: "I do hereby solemnly swear or affirm that I will support the Constitution of this state and of the United States and, on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this state." (O.C.G.A. 28-1-4a.)

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(b) In addition, each Senator shall swear that he or she: (i) is not the holder of any unaccounted for public money due this state or any political subdivision or authority; (ii) is not the holder of any office of trust under the government of the United States, any other state, or any foreign state which he or she is by the laws of the State of Georgia prohibited from holding; (iii) is otherwise qualified to hold said office according to the Constitution and laws of Georgia; (iv) will support the Constitution of the United States and of this state; and (v) has been a resident of his or her district for the amount of time established by law or Constitution. (O.C.G.A. 45-3-1)
(c) The oath of office may be administered to the members of the General Assembly by any Justice of the Supreme Court, Judge of the Court of Appeals, Judge of the superior courts, or judge of the state courts. Such Justice or Judge shall be procured by the person organizing each branch. (O.C.G.A. 28-1-4b.)
1-2.2 Excused Absence
(a) A motion to excuse a Senator from voting must be made before the Senate divides, or before the roll call is commenced, and it shall be decided without debate, except that the Senator making the motion must briefly state the reason why, in his or her opinion, it should prevail.
(b) All Senate Conference Committee members shall be excused from voting during meetings of the Conference Committee. The excuse shall be entered in the Journal if the Conference Committee member notifies the Secretary of the actual time of the meeting before leaving and after returning to the Chamber.
1-2.3 Seating in the Senate Chamber
(a) Senators elected to the following offices shall choose their Senate seats in the order listed below:
President Pro Tempore Majority Leader Minority Leader All Senators who have more than 20 years of continuous service in the Senate shall select their seat in the order of seniority. Majority Whip Minority Whip Administration Floor Leader Chairman of the Rules Committee

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(b) All other Senators shall be seated by district number in ascending numerical order commencing with the lowest permanently numbered available seat.
(c) Only on the first day of the first regular session of a General Assembly and at no other time, any two members may, by mutual agreement communicated in writing to the Secretary of the Senate, exchange with each other the seats which would otherwise be assigned to them under this rule.
1-2.4 Travel and Reimbursement
(a) No member of the Senate shall engage in any travel at State expense outside the State of Georgia unless such travel is first approved in writing by the Committee on Administrative Affairs. The person requesting such approval shall state in writing the places to be visited, the dates, and the purposes, which shall be directly relevant to legislative duties.
(b) Prior to any disbursement by the Legislative Fiscal Officer, there shall be on file with said Fiscal Officer a copy of the approval by the Senate Administrative Affairs Committee, and the person requesting reimbursement shall submit an itemized listing of all expenses claimed hereunder.
PART 3: EMPLOYEES OF THE SENATE
1-3.1 Compensation for Employees
All officers and employees of the Senate shall be paid for their services by the Legislative Fiscal Officer from funds appropriated to the General Assembly. (O.C.G.A. 28-4-6)
1-3.2 Travel and Reimbursement
(a) No Senate staff member shall engage in any travel at State expense outside the State of Georgia unless such travel is first approved in writing by the Committee on Administrative Affairs. The person requesting such approval shall state in writing the places to be visited, the dates, and the purposes, which shall be directly relevant to official duties.
(b) Prior to any disbursement by the Legislative Fiscal Officer, there shall be on file with said Fiscal Officer documentation of the approval by the Committee on Administrative Affairs of all out-of-state travel reimbursement requests, submitted by the Secretary of the Senate or the directors of the Senate Research, Information, and Budget offices, and the person requesting reimbursement shall submit an itemized listing of all expenses claimed hereunder.

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1-3.3 Conflicts of Interest
A person shall not be paid for services rendered to the Senate in any capacity while such person is drawing any salary, wages, or other compensation from any other Department of the State.

PART 4: CONDUCT AND ETHICS
1-4.1 Personal Financial Gain
(a) Senators and Senate staff shall refrain from using government positions to attain personal financial gain.
(b) Senators and staff shall not use public resources or personnel for the purpose of conducting personal or private business activity. Ordinary and necessary communications which Senators and staff must conduct with their homes and business interests while serving in their public capacities are permitted.
(c) Senators shall not seek, accept, use, allocate, grant, or award public funds for any purpose other than as approved by law.
(d) No Senator shall vote upon any question if the Senator or any member of the Senators immediate family has a direct pecuniary interest in the result of such vote which interest is distinct, unique or peculiar to the Senator or the Senators immediate family.
1-4.2 Campaign Contributions
(a) No Senator or staff shall solicit a campaign contribution in a state office building. Senators shall not operate political campaigns or operate political fund raising campaigns from state office buildings which have not been leased or rented for such purposes.
(b) Senators shall not agree to, or threaten to withhold, political action or constituent services as a result of a person's decision to provide or not to provide a political contribution, charitable contribution, or support.
1-4.3 Conflicts of Interest
(a) Senators and staff shall avoid financial conflicts of interest and close economic associations where official action or decisions are motivated not by public duty but by economic self-interest or association. "Financial conflicts of interest and close

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economic associations" are defined as those financial interests or interests arising from close economic associations with other persons or entities which are so material, direct, distinct, unique, and peculiar to the Senator or staff that it might reasonably be expected that impartial official judgment could not be exercised.
(b) No Senator or staff shall seek, accept, or retain employment which: makes it unreasonably difficult to fulfill legislative obligations; requires the disclosure or use of nonpublic or confidential information acquired in the course of legislative service; requires improper use of government relationships or the prestige associated with legislative offices; or will require the Senator or staff to compromise any other ethical or legal duty.
1-4.4 Special Treatment; Acceptance of Things of Value
(a) No Senator or staff, acting as an attorney or representative of another, shall seek or accept any special treatment not otherwise approved by law or judicial order because of his or her legislative role.
(b) No Senator or staff shall accept anything of value when such thing of value is offered with the understanding that official action will be taken or withheld by a Senator or staff in consideration of acceptance of that which is offered. Any offer made which is conditioned upon the taking or withholding of official action shall immediately be reported in writing to the Chairman of the Ethics Committee. (O.C.G.A. 16-10-2)
1-4.5 Crimes of Moral Turpitude and Controlled Substances
No Senator or staff shall knowingly commit any crime involving moral turpitude or knowingly possess, use, manufacture, or distribute any controlled substance, dangerous drug, marijuana, or alcoholic beverage in violation of any state or federal law or any county or municipal ordinance. Conviction of any such crime, the acceptance of a plea of guilty or nolo contendere to any such crime, or imposition of payment of a criminal or administrative penalty for any such crime shall constitute a violation of this rule.
1-4.6 Sexual Harassment
(a) The Senate is committed to providing a healthy and appropriate work environment for legislators, legislative employees, interns, aides, and other state employees which is free from sexual harassment. Sexual harassment in any manner will not be tolerated.
(b) Senators and staff are expected to discourage sexual harassment in the workplace and at events, professional meetings, seminars or any activities that involve legislative business.

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(c) Sexual harassment includes all conduct prohibited by Federal and state law and the following unwelcome conduct:
(i) verbal abuse of a sexual nature, (ii) graphic verbal comments about a persons body, (iii) physical touching of a sexual nature, (iv) sexual advances and propositions, (v) sexually degrading words used to describe an individual, (vi) display in the work place of any sexually suggestive object or picture, and (vii) any threat or insinuation, either explicitly or implicitly, that a persons refusal to submit to a sexual advance will adversely affect that persons employment, evaluation, wages, duties, work shifts, or any other condition of employment or career advancement.
(d) The provisions of this rule apply to Senators, Senate staff, and Senate aides, interns, and volunteers.
(e) Complaints may be brought against Senators, Senate staff, and Senate aides, interns, and volunteers under the provisions of Rule 1-4.11. Senators, Senate staff, and Senate aides, interns and volunteers will be subject to sanctions proportionate to the seriousness of the offense. A supervisor who does not take appropriate action when the supervisor knows or has reason to suspect that harassment is occurring is also subject to sanctions proportionate to the seriousness of the offense.
1-4.7 Discriminatory Harassment
(a) The Senate is committed to providing a working environment free from discriminatory harassment and intimidation of any kind, including harassment or discrimination based on race, color, religion, national origin, age, veteran status, disability or gender. Discriminatory harassment includes any verbal or other conduct which disparages any individual or group and which creates an offensive, intimidating, or hostile working environment.
(b) All forms of discriminatory harassment are prohibited, whether in the form of pictures, cartoons, teasing, jokes, e-mail, epithets, slurs, negative stereotyping, namecalling, offensive gestures, or threatening, intimidating or hostile acts.
(c) The provisions of this rule apply to Senators, Senate staff, and Senate aides, interns and volunteers.
(d) Complaints may be brought against Senators, Senate staff, and Senate aides, interns, and volunteers under the provisions of Rule 1-4.11. Senators, Senate staff, and Senate aides, interns and volunteers will be subject to sanctions proportionate to the seriousness of the offense. A supervisor who does not take appropriate action when the

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supervisor knows or has reason to suspect that harassment is occurring is also subject to sanctions proportionate to the seriousness of the offense.
1-4.8 Standard of Conduct
All contact with constituents, staff, lobbyists, representatives of the media, and others interested or involved in the process of government shall be conducted in a courteous, professional, and discreet manner.
1-4.9 Circumvention of Rules
No Senator or staff shall knowingly circumvent the clear purpose or intent of laws or any Senate Rule.
1-4.10 Opinions and Advice Regarding the Senate Rules
A Senator or staff member may request in writing the opinion or advice of the Committee on Ethics with regard to interpretation of any section of Part Four of Section One. The Committee on Ethics shall expeditiously respond in writing to such request. All requests for opinions or advice or any opinion or advice given shall be confidential.
1-4.11 Ethics Complaints
(a) A complaint shall be initiated by the filing of a statement alleging a violation of any section of Part Four of Section One of these Rules with the Secretary of the Senate. If a person who is directly supervised by the Secretary of the Senate has a complaint against the Secretary of the Senate, then such complaint may be filed with the President Pro Tempore. A complaint may be brought only by any Senator or staff or others who are directly involved in legislative activity or business. The complaint shall specifically describe the nature of the alleged violation and the party or parties involved and shall be signed by the complainant and verified under oath. The Secretary of the Senate, or the President Pro Tempore, shall promptly refer the complaint to the Chairman of the Committee on Ethics, who shall schedule a meeting of the Committee to investigate the complaint utilizing in-house staff and counsel and investigators as the Committee deems necessary. If the Chairman of the Committee on Ethics is the subject of the complaint, then the Chairman shall recuse himself or herself and such proceedings of the Committee regarding such complaint shall be overseen in their entirety by the ViceChairman of the Committee. The Committee shall promptly serve the named respondent with a copy of the complaint. Service of such complaint shall be by personal service or by certified mail, return receipt requested.
(b) The Committee may also initiate an investigation on its own initiative by majority vote. Within a reasonable time following the Committee's initiation of such

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investigation, however, a majority of the Committee shall sign a complaint that specifically describes the nature of the alleged violation and the party or parties involved. The Committee shall promptly serve the named respondent with a copy of the complaint and service of such complaint shall be by personal service or by certified mail, return receipt requested.
(c) Any complaint brought by or before the Committee shall remain confidential until the Committee has determined that substantial cause exists that a violation occurred. If the Committee determines that substantial cause does not exist that a violation occurred, the complaint shall remain confidential.
(d) Upon completion of an investigation, the individuals conducting the investigation shall prepare a written report detailing the investigation findings and shall present such report to the members of the Committee. If the Committee does not find that evidence exists to provide substantial cause to determine that a violation has occurred, it shall dismiss the complaint with notice to the complaining party and the respondent. If the Committee finds substantial cause to determine that a violation has occurred, the Committee may negotiate a settlement with the respondent or set the matter for a hearing.
(e) Any settlement shall be a matter of public record and shall be filed with the Secretary of the Senate. If no settlement is reached, the Committee will hold open hearings, taking any relevant evidence that addresses the charges. The Committee may require the attendance and testimony of witnesses and the production of materials which the Committee deems advisable and may administer oaths and affirmations. The respondent shall receive reasonable notice of any hearing and shall be entitled to receive within a reasonable time before the hearing copies of all material before the Committee that is not otherwise exempt from disclosure under the Georgia Open Records Law; to secure counsel of his or her choosing; and to examine any witnesses who may be called by the Committee to appear at any hearing. The respondent shall also have the right to call witnesses and present evidence at any hearing. The Committee shall assure that all hearings are recorded. The Committee shall have the burden of proof. Both the Committee and the respondent shall be entitled to rebuttal. Upon completion of such hearing, the Committee shall issue a report of its findings and recommendations of action. The report and recommended action shall be a matter of public record and shall be filed with the Secretary of the Senate.
(f) The Committee on Ethics must find "clear and convincing evidence" in order to conclude that a violation of Part Four of Section One of these Rules has occurred.
(g) If the Committee on Ethics finds a Senator in violation of Part Four of Section One of these Rules, it may recommend a sanction or penalty including a letter of reprimand, to the Senate. The Senate may independently initiate action against a Senator pursuant

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to the Georgia Constitution, art. III, sec. IV, par VII.
(h) If the Committee on Ethics finds a Senate staff member, aide, intern or volunteer in violation of Part Four of Section One of these Rules, it may recommend a sanction or penalty, up to and including dismissal, to the Administrative Affairs Committee. The Administrative Affairs Committee may implement the recommendation of the Committee on Ethics or take alternate action, including dismissing the complaint, issuing a lesser penalty or issuing a harsher penalty than that recommended by the Committee on Ethics.
(i) Persons who report to the Committee on Ethics regarding an alleged violation of Part Four of Section One of these Rules, or any other government entity regarding such violation, shall not subjected to reprisal, retaliation, harassment, discrimination, or ridicule by Senators or staff, nor shall the confidentiality provisions contained herein be abridged.
1-4.12 Distribution of Rules; Educational Seminars
The Secretary of the Senate shall distribute a copy of Senate Rules to all Senators and staff. The Committee on Ethics shall, when deemed appropriate, conduct seminars or other educational programs designed to inform Senators, staff, or other interested parties of the provisions of these Rules, especially Part Four of Section One, as well as statutes relating to ethical standards and conduct, sexual harassment, and discrimination.

PART 5: PUBLIC MEETINGS
1-5.1 Open meetings
(a) All sessions of the Senate and all meetings of Senate committees shall be open to the public, except by a majority vote of a quorum of a committee or subcommittee, a meeting may be closed to the public when the committee or subcommittee is
(1) discussing the future acquisition of real estate, (2) discussing the appointment, employment, or dismissal of a public officer or employee or disciplinary action against such officer or employee, or (3) hearing complaints or charges brought against public officer or employee, unless the officer or employee requests that the meeting be open to the public.
(b) All meetings of the Committee on Assignments and the Committee on Administrative Affairs shall be closed to the public.

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(c) All meetings of Committees of Conference shall be open to the public. The Conference Committee may establish rules for the conduct of its meetings not in conflict with the provisions of this rule.

SECTION TWO COMMITTEES
PART 1: COMMITTEES--ORGANIZATIONS, DUTIES, AND RESPONSIBILITIES
2-1.1 Committee on Assignments
(a) The Committee on Assignments shall be composed of the President Pro Tempore, the President of the Senate, and the Majority Leader. The President Pro Tempore shall serve as Chair of the committee. Actions of this committee shall be reported to the Senate by the President Pro Tempore as necessary. The meetings of this committee shall be closed to the public.
(b) All committees, officers of committees and subcommittees, and members of committees shall be appointed by the Committee on Assignments, provided that the chairperson of a standing committee may appoint subcommittees in cases not provided by the Committee on Assignments.
2-1.2 Committee on Administrative Affairs
There shall be a Committee on Administrative Affairs composed of the President Pro Tempore, the Majority Leader, the Minority Leader, the Secretary of the Senate, the Chairman of the Committee on Rules, and two members of the Senate appointed by the President Pro Tempore. This Committee shall have the responsibility of employing, supervising, disciplining, and setting the compensation of all aides, secretaries and other personnel for the Senate, including the Senate Budget, Senate Information and Senate Research offices. The Committee shall supervise the purchase and allotment of supplies for the Senate. This Committee shall also supervise and approve all out-ofstate travel of members of the Senate and staff.
2-1.3 Standing Committees; Number of Members
(a) The Committee on Assignments shall appoint standing committees and the maximum number of Senators which may serve on that committee as follows:
AGRICULTURE AND CONSUMER AFFAIRS - 8 APPROPRIATIONS - 26 BANKING AND FINANCIAL INSTITUTIONS - 9

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ECONOMIC DEVELOPMENT - 11 EDUCATION AND YOUTH - 9 ETHICS - 12 FINANCE - 10 HEALTH AND HUMAN SERVICES - 11 HIGHER EDUCATION - 8 INSURANCE AND LABOR - 10 INTERSTATE COOPERATION - 5 JUDICIARY - 11 NATURAL RESOURCES AND THE ENVIRONMENT - 12 PUBLIC SAFETY AND HOMELAND SECURITY - 8 REAPPORTIONMENT AND REDISTRICTING - 13 REGULATED INDUSTRIES AND UTILITIES - 11 RETIREMENT - 7 RULES - 12 SCIENCE AND TECHNOLOGY - 8 SPECIAL JUDICIARY - 7 STATE AND LOCAL GOVERNMENTAL OPERATIONS - 8 STATE INSTITUTIONS AND PROPERTY - 9 TRANSPORTATION - 13 VETERANS AND MILITARY AFFAIRS - 9
(b) The above limitations shall not apply when the Committee on Assignments appoints a Senator to committees if that Senator was duly elected in a special election.
2-1.4 Subcommittees
The Committee on Assignments may create, in its discretion, within any standing committee, a subcommittee or subcommittees and appoint the membership and officers thereof. Nothing herein contained shall be construed to limit the authority of the standing committees or the officers thereof.
2-1.5 Committee Powers and Responsibilities
(a) A committee may act upon a bill, resolution, or other matter when the Senate is in session or during a recess or adjournment after the opening day of a regular session and prior to the last day of that session. When a committee so acts during a day of recess or adjournment, the Secretary of the Senate may accept the report of the committee on such day, and the committee report shall be received and read by the Senate on the next day when the Senate is in session. A standing committee may not take official action after the adjournment sine die of a session and prior to the convening of the next session.

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(b) No bill shall be reported to the Senate until it has been acted upon by the full standing committee, and all actions of any subcommittee shall be approved or disapproved by the standing committee.
(c) A committee cannot circumvent the provisions of the rules governing committees by suspending any rule or part thereof.
(d) Committees may establish rules of operation that are not in conflict with Senate Rules or the most current edition of Masons Manual of Legislative Procedure.
2-1.6 Committee Reports
(a) All reports of a committee shall be in writing, and the minority of a committee, signed by any member, may make a report in writing, setting forth succinctly the reasons for their dissent.
(b) If the report of a committee is favorable to the passage of a General bill or resolution, the same shall be given a second reading without question, and any Local bill or resolution shall be placed on the Local Consent Calendar.
2-1.7 Committee Meetings
(a) In order to secure adequate quorums, standing committees shall meet at a time and place scheduled and designated by the Secretary of the Senate and approved by the Committee on Administrative Affairs; a list of the committee meetings, stating their time and location, shall be posted by 10:00 a.m. on the Friday preceding the week of the scheduled meetings. A Chairman may request in writing directed to the Secretary of the Senate additional meetings if the request is made no later than twenty-four (24) hours prior to the scheduled meeting. A Chairman may cancel a meeting by notifying the Secretary of the Senate in writing no later than twenty-four (24) hours prior to the scheduled meeting. However, if no agenda for the meeting has been posted or distributed, the meeting may be canceled by notifying the Secretary of the Senate in writing one (1) hour prior to the meeting; the request will be immediately adjudicated. There shall be no standing committee meetings in the Senate Chamber except a scheduled public hearing.
(b) The Committee on Assignments and the Committee on Administrative Affairs shall be exempt from the requirements of paragraph (a). The Committee on Rules shall also be exempt from the requirements of paragraph (a) except for meetings where the Committee on Rules is discussing legislation or other legislative matters referred to it directly by the President Pro Tempore.
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meet at any place within the State where any citizen of the State is denied admittance on the basis of religion, race, creed, nationality, or sex or on property belonging to any private club, organization, or association in which any citizen is denied membership on the basis of religion, race, creed, nationality, or sex; except a correctional facility may be exempt if security requirements demand.
(d) The chair of each standing committee or subcommittee shall arrange to have minutes kept of the meetings of the committee or subcommittee and shall see that proceedings of all meetings are reduced to writing. This record shall show:
(i) the time and place of each meeting of the committee, (ii) the attendance of the committee members, (iii) an accurate record of all votes taken, (iv) the number of all bills acted upon, (v) all motions and results, (vi) any appearances by any persons other than members of the committee, (vii) the date and time the committee convened and adjourned, and (viii) such additional information as the committee shall determine.
Committee minutes shall be subject to correction only if authorized by a majority vote of the committee.
(e) All committee reports shall be prepared under the direction of the Chairman and no committee report shall be offered unless signed by the Chairman of the committee or the person acting as Chairman when the bill was voted upon.
(f) Any member may file a statement from the Chairman of a committee whose meeting he or she (the committee member) is attending to be included in the roll call portion of the minutes of any other committee meeting held at an overlapping time that he or she was absent because he or she was attending another standing committee meeting of which he or she is a member.
2-1.8 Committee Quorum
Each standing committee at its first organizational meeting for the term shall set the number of members required for a quorum; however, the quorum shall not be set at less than a majority of the membership of the committee. Ex-officio members shall not be counted in setting the number of members required for a quorum for any committee but shall count as a voting member for purposes of establishing a quorum at any given meeting.

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2-1.9 Attendance and Testimony by Sponsor of Bill
The committee shall not vote on any bill until the author or his or her designee has been given the opportunity to appear and be heard. Each committee shall provide in writing the details for carrying out the provisions of this paragraph.
2-1.10 Rules Committee; Calendar; Special Rules
(a) The Committee on Rules shall arrange and fix the calendar for each days business for the last 35 days of each regular session of the General Assembly. The Committee shall post the calendar as soon as practicable following the setting of the calendar.
(b) The Committee on Rules may refer any bill or resolution before it back to the committee which has reported out such bill or resolution or to any other committee selected by the Committee on Rules.
PART 2: COMMITTEE OFFICERS
2-2.1 Appointment of Chair, Vice-Chair and Secretary
The Committee on Assignments shall appoint as officers a Chairman, a Vice-chairman, and a Secretary for all standing committees and a Chairman of standing subcommittees. The Committee on Assignments may remove a Senator from any appointed Committee officer position at any time for any reason.
2-2.2 Chair, Vice-Chair; Vote
The Chairman or the Senator presiding in the place of the Chairman shall not vote unless the committee shall be equally divided or unless his or her vote if given in the minority will make the division equal. In case the vote is equally divided, the Chairman or the Senator acting in his or her place must vote.
2-2.3 Powers of the Chair
The principal duties of the Chair of a committee are:
(i) To call the committee to order at the time provided by these Rules; (ii) To preside over meetings of the committee and recognize members and speakers; (iii) To preserve order and decorum and to have general control of the committee room; (iv) To prepare or supervise the preparation of reports of the committee; (v) To decide all questions of order.

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2-2.4 Vice-Chairs Duties
A Vice-Chairman may preside in the absence of the Chairman if the Chairman is incapacitated and the Vice-Chairman is directed to preside by the Secretary of the Senate or if he or she is directed by the Chairman to preside. The presiding officer of the committee shall be recorded in the Committee Report.

PART 3: COMMITTEE MEMBERS
2-3.1 Membership
(a) Each Senator shall be appointed to serve on four committees provided for in this Rule. Membership on the Committee on Assignments or the Committee on Administrative Affairs shall not count as one of the four committees. Membership on the Committee on Ethics and the Committee on Reapportionment and Redistricting shall not count as one of the four committees, except that the Chairmen of these two committees shall count the committee as one of his or her four committees.
(b) After the public announcement of the standing committees and subcommittees, no other Senators shall be placed thereon; except when Senators have been elected to fill vacancies caused by death or resignation from the Senate.
(c) Once a Senator is appointed to a standing committee, except for the Committee on Rules, he or she shall not be removed from that committee during that term of office to which he or she was most recently elected unless removed by the Committee on Assignments pursuant to Rule 2-3.3. Members of the Committee on Rules may be removed at any time for any reason by the Committee on Assignments.
2-3.2 Ex-officio Members
(a) In addition to the members otherwise provided for on any committee, the Committee on Assignments may add one or more ex-officio members to any committee. The limitations provided by Rules 2-1.3 and 2-3.1 shall not apply with respect to such ex-officio memberships.
(b) Ex-officio members may be removed from a standing committee at any time for any reason by the Committee on Assignments.
2-3.3 Attendance
(a) Every member of a committee shall be in attendance during each of its meetings.

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(b) Failure to attend three (3) consecutive meetings, unless excused from attendance in the Senate on those days as provided in these Rules or unless he or she has filed a statement pursuant to Rule 2-1.7(f), shall be cause for removal from the committee by the Committee on Assignments.

PART 4: COMMITTEE VOTING
2-4.1 Voting; Call for the Yeas and Nays
Upon the call for the Yeas and Nays, if one-third of the committee members present sustain the call, the roll call shall be taken and recorded.
2-4.2 Votes by Proxy and Abstentia Prohibited
No member of any committee shall be allowed to vote by proxy. Members may not abstain from voting unless the member or any member of the Senators immediate family has a direct pecuniary interest in the result of such vote which interest is distinct, unique or peculiar to the Senator or the Senators immediate family.

PART 5: COMMITTEE MOTIONS AND PRECEDENCE
2-5.1 Motions; How Made
All motions in standing committees shall receive a second before being put by the presiding officer.
2-5.2 Motions; Do Pass; Do Not Pass; Effect
A "do pass" motion that fails does not automatically give a "do not pass" recommendation, nor does a "do not pass" motion which fails give an affirmative recommendation.
2-5.3 Motions; Precedence
When a bill or resolution is before the committee for consideration, the following shall be the precedence of the motions:
1. a motion that a bill do pass; 2. a motion that a bill do not pass; 3. a motion to postpone to a time certain; 4. a motion to refer a bill to a subcommittee.

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PART 6: COMMITTEE DECORUM AND DEBATE
2-6.1 Committee Testimony; Recording; Transcripts
Testimony before the committee may be recorded at the discretion of the committee; however, any additional paid personnel to take testimony must be approved by the Committee on Senate Administrative Affairs. Transcription of any recorded testimony shall be made or released only upon the written direction of the committee or the Secretary of the Senate when the Senate is not in session.
2-6.2 Appeals
Appeals from the ruling of the Committee Chairman shall be in order if seconded. Procedure in committee following an appeal which has been properly seconded shall be the same procedure followed in the Senate.

PART 7: COMMITTEE OF THE WHOLE
2-7.1 Process
The Senate may resolve itself into a Committee of the Whole by a majority of those voting, provided that the total vote constitutes a quorum, on motion of a member made for that purpose; provided, further, that notice of intention to make such motion shall be given during the session of the preceding day. Individual speeches on such motion shall be limited to three minutes. If such notice shall not have been given, the motion shall prevail if it shall receive the affirmative votes of two-thirds of those voting; provided that the two-thirds shall constitute a majority of all the members elected to the Senate. Provided, further, that whenever the Senate, by its own vote, shall commit any bill or resolution to the Committee of the Whole, and, subsequently, a motion shall be made to resolve the Senate into a Committee of the Whole to consider such bill or resolution, and such motion shall be lost, the said motion shall not be again renewed; but it shall be the duty of the President to require the Secretary of the Senate to read the bill or resolution again at the following day's session under the order of introduction of new matter or reading of bills the first time, and to refer such bill or resolution to the appropriate committee as directed by the President Pro Tempore, unless otherwise ordered by the Senate.
2-7.2 Presiding Officer
In forming a Committee of the Whole the President of the Senate shall leave the Chair, and the President Pro Tempore or his or her designee shall preside.

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2-7.3 Quorum
The Committee of the Whole shall not proceed with the business before it whenever a vote on any question shall disclose the fact that no quorum of the Senate is present. Whenever it is suggested that a quorum is not present, the President Pro Tempore or his or her designee shall satisfy himself or herself of the fact by actual count of the Committee and shall report the same to the Committee; and the President Pro Tempore or his or her designee shall, on his or her own motion, order that the Committee immediately rise, and he or she shall report the fact of the absence of a quorum to the Senate.
2-7.4 Reading of Bills; Order of Debate
In the Committee of the Whole, bills shall be first read throughout by the Secretary of the Senate, and then again be read or debated by clauses, or sections, leaving the preamble to be last considered, unless otherwise ordered.
2-7.5 Applicability of Senate Rules; Limitations; Powers
(a) The Rules of the Senate shall be observed by the Committee of the Whole, so far as they may be applicable, except that the Committee of the Whole cannot refer a matter to any other committee; it cannot adjourn; the previous question cannot be enforced; a motion to lay on the table or indefinitely postpone shall not be in order; a member may speak as often as he or she may obtain the floor; no call of the Senate shall be in order; and no votes shall be taken by yeas and nays.
(b) While in the Committee of the Whole, any papers in the possession of the Senate may be called for by any member, and read by the Secretary of the Senate for the information of the Committee, unless the Committee shall otherwise order.
(c) During any meeting of the Committee of the Whole, the President Pro Tempore or his or her designee shall have power to have the galleries or lobbies cleared in case of any disorderly conduct therein.
(d) A Committee of the Whole cannot punish disorderly conduct of its members, but must report the same to the Senate for action thereon.
2-7.6 Voting Responsibilities of Members
In the Committee of the Whole all members shall vote on all questions before the Committee, unless excused.

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2-7.7 Limits on Debate
If, at any time in the Committee of the Whole, it shall be desired to close the debate, or to limit the time to be allowed members for speaking, the Committee may rise and report its desire to the Senate, and the Senate shall take such action thereon as it may see fit, by a resolution. Said resolution shall apply only to the subject matter before said Committee. When said resolution has been agreed to or refused by the Senate, the action of the Senate shall be deemed the sense of the Committee, and the Senate may then, on motion, again resolve itself into a Committee of the Whole and continue the consideration of the subject.
2-7.8 Motion to Rise, Report Progress, and Ask Leave to Sit Again
(a) In the event that a Committee of the Whole at any sitting, for want of time, shall fail to complete any matter under consideration, it may, on motion, at any time, rise, report progress, and have leave to sit again, generally, or at a day certain.
(b) A motion "that the Committee rise, report progress, and ask leave to sit again" may be made at any time, when the Senator making such motion can legitimately obtain the floor, and shall take precedence over all other motions, and shall be decided without debate. When the motion prevails, the Committee shall immediately rise. When the regular hour for adjournment of the Senate arrives, the Committee shall automatically rise, and the President of the Senate shall assume the Chair.
2-7.9 Report of a Committee of the Whole
(a) When the Committee of the Whole has disposed of bills, resolutions, or other measures before it, by motion and question, it shall arise, and the President Pro Tempore or his or her designee shall be instructed to report the action of the Committee to the Senate. At this point the President of the Senate shall resume his or her seat, and the President Pro Tempore or his or her designee shall return to the floor and shall state in substance as follows: "Mr. President, the Committee of the Whole Senate has had under consideration (naming what) and has instructed me, as its Chairman, to report the same back to the Senate, with the recommendation that the same 'do pass,' 'do pass by substitute,' or 'do pass as amended,' or 'do not pass,'" as the case may be.
(b) The President shall receive this report and repeat the same, and the matter shall then be before the Senate for action, just as though reported by any other committee.
2-7.10 Amendments by a Committee of the Whole
(a) Amendments offered to an amendment in the Committee of the Whole shall not be

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reported to the Senate, but the report shall contain only the result of the Committee's action on the bill, resolution, or measure under its consideration.
(b) Amendments proposed by the Committee of the Whole may be amended or rejected by the Senate, and matters stricken out by the Committee may be restored by the Senate.
2-7.11 Recording of Proceedings
The proceedings of the Committee of the Whole shall not be recorded in the Journal of the Senate, except so far as reported to the Senate by the Chairman of said Committee.

PART 8: COMMITTEE OF CONFERENCE
2-8.1 Membership
Whenever any member moves that a Committee of Conference be appointed, on disagreeing votes or other matters of the two Houses, and said motion prevails, the Committee on Assignments shall appoint three (3) members for the Committee, who voted in the majority on the position assumed by the Senate, if such vote has been had.
2-8.2 Powers
The Committee of Conference may consider the whole subject matter embraced in a bill, resolution, or other matter before it, and may recommend recision by either House, new amendments, new bills and resolutions, or other germane changes, unless instructed otherwise by the Senate on motion, before the members of the Committee of Conference are appointed.
2-8.3 Reports; Approval; Distribution; Time of Consideration
(a) A report of a Committee of Conference must be approved by a majority vote of the entire membership of the Committee before the report may be transmitted to either the Senate or the House.
(b) All Committee of Conference reports shall be printed and distributed to the Senators one hour prior to consideration of the same, except that after the thirty-ninth (39th) day of any regular session the same may be dispensed with by a two-thirds (2/3) vote of all the members elected to the Senate.

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2-8.4 Time Limit; Discharge; Appointment of New Members
After a Committee of Conference has been in existence for five (5) days and has failed to make a report to the Senate on the question under consideration, the Senate, on motion and by a majority vote of all members elected to the Senate, may discharge the Senate conferees and appoint new conferees, instruct said Senate conferees, or make any other motion not contrary to the Rules of the Senate. Provided, that during the last five (5) days of the session, the above motions may be made and passed at any time, but not more often than every twenty-four hours.
2-8.5 Germaneness of Reports
The President, upon point of order being made, shall report the decision of the Parliamentarian stating that in his or her opinion a Conference Committee report is not germane to the original bill or resolution, and such Conference Committee report shall be ruled out of order. The effect of such ruling of the Parliamentarian, if not appealed from or if appealed from and the appeal not sustained, shall be the same as a vote of the Senate to reject, and as such the Secretary shall so report it to the House. Such point of order shall take precedence over a motion to adopt.
2-8.6 Final Passage
Any Conference Committee report must be adopted by the vote required to pass the bill, resolution, or matter under consideration.

SECTION THREE BILLS, RESOLUTIONS, AND CONFIRMATIONS
PART 1: GENERAL BILLS AND RESOLUTIONS
3-1.1 Form of Bills
(a) All bills and resolutions shall have the name of the Senator or Senators introducing the same, as well as the district or districts represented, endorsed in ink on the bill back of the bill. There shall also appear on the back of the bill, the title or a brief summary thereof.
(b) No bill shall pass which refers to more than one subject matter or contains matter different from what is expressed in the title thereof. (Ga. Const., art. III, sec. V, par. III.)
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its title or to the number of the section of the Code; but the amending or repealing Act shall distinctly describe the law or Code Section to be amended or repealed as well as the alteration to be made. (Ga. Const., art. III, sec. V, par. IV.)
3-1.2 Introduction of Bills (a) No bill or resolution requiring the concurring vote of the House for passage shall be introduced unless the same shall have been filed in the office of the Secretary before 4: p.m. on the previous day.
(b) No general bill or resolution, including any House bill or resolution, having the effect of law shall be introduced or read the first time and referred to any committee after the thirty-third (33rd) day of any regular session. The provisions of this paragraph shall in no case be suspended except by a two-thirds (2/3) vote of the members to which the Senate is entitled.
(c) All bills for raising revenue, or appropriating money, shall originate in the House of Representatives. (Ga. Const., art. III, sec. V, par. II.)
(d) All resolutions which may appropriate money out of any funds shall be treated in all respects, in the manner of introduction and procedure, as bills; they shall originate in the House of Representatives, and shall receive three readings previous to their passage, but the Senate may propose or concur in amendments.
(e) To introduce a bill or resolution, a member shall file an original and one copy with the Secretary of the Senate. All original and duplicate bills and resolutions shall show an "1" and "2" respectively stamped in red on the back side of the last page.
3-1.3 Distribution of Bills
The Secretary of the Senate shall, as soon as possible after any bill or resolution is filed in his or her office, print for distribution and release a copy thereof to the internet. Whenever any such bill or resolution of general application shall be reported back by the committee to which it was referred with the recommendation that it do pass as amended, the Secretary of the Senate shall print for distribution and release a copy thereof to the internet. No bill or resolution of general application shall be placed for passage unless copies of the same and any committee amendments shall have been printed and placed in each Senators calendar book prior to consideration for passage. The Senate may at any time by the vote of a majority of those voting, provided the total vote constitutes a quorum, suspend action upon any pending bill or resolution of general application until all amendments offered on the floor of the Senate shall have been printed and distributed to the Senators.

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3-1.4 Fiscal Notes
(a) Any general bill having a significant impact on the anticipated revenue or expenditure level of any state agency, authority, board, council, committee, bureau, or commission must be introduced no later than the twentieth day of the session. The sponsor of such legislation must request a fiscal note from the Office of Planning and Budget and the Department of Audits and Accounts by November 1. Members-elect must request a fiscal note by December 1. (O.C.G.A. 28-5-42)
(b) Failure to request a fiscal note by November 1 or December 1 will preclude consideration by the Senate unless the committee to which a bill is assigned determines, on a specific motion, for waiver, that the bill has a significant impact, waives the November 1 or December 1 deadline, requests a fiscal note from the director of the Office of Planning and Budget and the state auditor and the chair of the committee suggests a preferred order of completion to guide the director of the Office of Planning and Budget. (O.C.G.A. 28-5-42)
(c) If any bill having a significant fiscal impact is introduced after the twentieth day, it shall not be considered or acted upon by the Senate. The President of the Senate shall decide whether a bill which is introduced falls within this category. (O.C.G.A. 28-5-42)
(d) Fiscal notes shall include a reliable estimate in dollars of the anticipated change in revenue or expenditures under the provisions of the bill. It shall also include a statement as to the immediate effect and, if determinable, the long-range effect of the measure. The fiscal note shall not express opinion relative to the merits of the measure, but may identify technical or mechanical defects. (O.C.G.A. 28-5-42)
(e) No substitute or amendment to any bill shall be offered which changes the version of the bill on which the most recent fiscal note was submitted until a new fiscal note covering the provisions of the substitute or amendment is supplied to the Secretary of the Senate and made available to all members.
(f) No bill shall be put upon its passage, nor shall any House amendment, House substitute or Conference Committee report to a bill, if said Conference Committee report changes the bill from its version as passed by the Senate, be adopted, until an adequate fiscal note covering the bill, or covering the House amendment, House substitute or Conference Committee report is supplied to the Secretary of the Senate and made available to all members.
(g) The provisions of this rule that are not in conflict with the Georgia Fiscal Note Act may be suspended by a two-third's vote of the members elected to the Senate by a rollcall vote.

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3-1.5 Receipt of House Bills on the 33rd day
When a general bill or resolution is received from the House during a period when the Senate is in recess on the thirty-third (33rd) day of a regular session, the bill or resolution may be read and referred to a standing committee by the President Pro Tempore during such period of recess. The Secretary of the Senate shall maintain a public listing of all bills so read and referred. Any Senator who desires to move to engross any such bill or resolution must serve written notice of his or her intention to do so by delivering such written notice to the Secretary before midnight of that thirty-third (33rd)day. When notice is so given, further proceedings on a motion to engross shall be as provided in Rule 6-9.1(b), except as otherwise provided in this rule.
3-1.6 Possession of Bills
(a) The original of any bill or resolution shall be for the exclusive use of the Senate and the committee to which it is assigned and shall be the official bill or resolution of the Senate, and shall not be subject to any other use. The duplicate of any bill shall be retained by the Secretary of the Senate, subject to use for information.
(b) The engrossed copies of all bills and of all resolutions intended to have the effect of law passed by either house of the General Assembly shall be preserved by the Secretary of the Senate and the Clerk of the House of Representatives and deposited in the office of the Secretary of State. The enrolled copies of all bills and of all resolutions intended to have the effect of law, which, when signed by the Governor, become enrolled Acts, shall be deposited in the office of the Secretary of State. The Secretary of State shall provide for the publication of such Acts. (O.C.G.A. 28-1-11)
(c) No Committee or Senator shall amend a bill, resolution, or other paper by writing on or defacing the paper, but shall report any amendment recommended, on a separate paper, noting the section, page, or line to which said amendment relates.
3-1.7 Withdrawal of Bills
Any bill or resolution may be withdrawn by the primary author at any stage thereof by consent of the Senate by majority vote.
3-1.8 Failed Bills; Prohibition Against Being Proposed Again
No bill or resolution intended to have the effect of law which shall have been rejected by either house shall again be proposed during the same regular or special session under the same or any other title without the consent of two-thirds of the house by which the same was rejected. (Ga. Const., art. III, sec. V, par. XII.)

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PART 2: LOCAL BILLS
3-2.1 Local Bills; General
(a) The term "local bill" means any bill for which a notice of intention to introduce a local bill has been advertised as provided for in Code Section 28-1-14, and every resolution intended to have the effect of local law. The term "local bill" shall not include any bill listed in paragraphs (1) through (6) of subsection (c) of Code Section 28-1-15, relating to population bills.
(b) No local bill shall become law unless notice of the intention to introduce such bill shall have been advertised in the newspaper in which the sheriff's advertisements for the locality affected are published one time before the bill is introduced. Such advertisement must be not more than 6 days prior to the convening date of the session at which the bill is introduced. After the advertisement has been published the bill may be introduced at any time during that session unless the advertisement is published during the session, in which event the bill may not be introduced before Monday of the calendar week following the week in which the advertisement is published. A copy of the notice as it was advertised and an affidavit stating that the notice has been published as provided by this Code section shall be attached to the bill and shall become a part of the bill. Such affidavit shall be made by the author of the bill. (O.C.G.A. 28-1-14)
(c) Upon the favorable report of the Committee on State and Local Government Operations, the bill shall be placed on a Local Consent Calendar, but not before the second day after introduction.
3-2.2 Approval by Local Delegation
(a) In order for local legislation to be favorably reported by the State and Local Governmental Operations Committee, such legislation must be signed by a majority of the Senators representing the political subdivision affected by such legislation. If an even number of Senators representing multi-member political subdivisions are equally divided on any local bill or resolution, the legislation may be considered by the State and Local Governmental Operations Committee on its merits, and the committee may report the legislation to the Senate with the recommendation that it "do pass" or "do not pass."
(b) For the purpose of determining which Senator or Senators represent a political subdivision, the Senator's district must include all or a portion of the geographical area of the political subdivision affected by the local legislation. Annexation bills shall be assumed to affect other municipalities and the county in which they are located. If an annexation bill affects more than one senatorial district, the bill must be signed by the Senate delegation representing all the affected counties and municipalities.

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(c) Approval of local legislation shall be evidenced by a Senator's signature and senatorial district in the designated place on the legislation. Once a bill has been signed the signature is permanent and cannot be removed; however, any Senator retains the right to object under the provisions of Senate Rule 4-2.9.
PART THREE: CONFIRMATIONS
3-3.1 Confirmations; Procedure
(a) Upon receiving nominations by the Governor that require Senate confirmation, the President Pro Tempore shall immediately refer such nominations to the Committee on Rules and shall instruct the Secretary of the Senate to notify the Senate that such nominations have been received. However, no nominations may be considered by the Senate until the expiration of seventy-two (72) hours after receipt thereof by the President Pro Tempore, or until the expiration of forty-eight (48) hours after being referred to the committee. The Secretary of the Senate shall make such nominations available for review by any Senator. The Chair of the Committee on Rules shall cause such nomination or nominations to be considered by the Committee within a reasonable period of time after receiving the nomination or nominations. The Chair of the Rules Committee shall then report the Committees recommendations to the full Senate.
(b) Rule 3-3.1 may be suspended by a majority vote of the Senate during the last ten (10) days of the session.
(c) Upon the request of the Rules Committee, any nominee must furnish to the Senate a resume of all business transactions that he or she has had with the State of Georgia during the period of the two years before the appointment.

SECTION FOUR ORDER OF BUSINESS AND CALENDAR
PART 1: CALENDAR AND SCHEDULE
4-1.1 Sessions of the Senate
The Senate and the House of Representatives shall organize each odd-numbered year and shall be a different General Assembly for each two-year period. The Senate shall meet in regular session on the second Monday in January of each year and may continue in session for no longer than 4 days in the aggregate each year. The Senate shall convene daily at 10:00 A.M. unless otherwise ordered by the Senate. The Senate shall meet at the state capitol. (Ga. Const., art. 3, sec. 4, par. 1; O.C.G.A. 28-1-2)

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4-1.2 Adjournment of Both Houses
(a) Neither house shall adjourn during a regular session for more than three days or meet in any place other than the state capitol without the consent of the other. Following the fifth day of a special session, either house may adjourn not more than twice for a period not to exceed seven days for each such adjournment. In the event either house, after the thirtieth day of any session, adopts a resolution to adjourn for a specified period of time and such resolution and any amendments thereto are not adopted by both houses by the end of the legislative day on which adjournment was called for in such resolution, the Governor may adjourn both houses for a period of time not to exceed ten days. (Ga. Const., art. III, sec. IV, par. I(b).)
(b) By concurrent resolution, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening. Separate periods of adjournment may be fixed by one or more such concurrent resolutions.
(c) If an impeachment trial is pending at the end of any session, the House shall adjourn and the Senate shall remain in session until such trial is completed. (Ga. Const., art. III, sec. IV, par. I(a), (c).)

PART 2: Order of Business
4-2.1 Daily Order of Business
1. Report of the Committee on the Journal. 2. Reading of the Journal. 3. Motions to Reconsider. 4. Confirmation of the Journal. 5. Introduction of Bills and Resolutions. 6. First Reading and Reference of Senate Bills and Resolutions. 7. First Reading and Reference of House Bills and Resolutions, which shall also be
in order at any later time when no other business is pending. 8. Reports of Standing Committees. 9. Second Reading of General Bills and Resolutions. 10. Call of the Roll. 11. Recitation of the Pledge of Allegiance. 12. Prayer of the Chaplain. 13. Unanimous Consents. 14. Points of Personal Privilege. 15.Adoption of Privileged Resolutions. 16.Motions to withdraw bills or resolutions from one committee and commit to
another committee.

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17. Passage of Local Uncontested Bills and Resolutions. 18. Consideration of Local Contested Bills and Resolutions. 19. General Consent Calendar for Commemorative Resolutions. 20. Motions to Engross. 21. Third Reading and Consideration of General Bills and Resolutions.
4-2.2 Reports of the Committee on Rules; Messages
(a) The report of the Committee on Rules shall be in order at any time, and messages from the Governor or from the House may be received under any order of business. Messages may be received at any time while the door is open, except while a question is being put or a ballot or a voice vote is being taken.
(b) When a message is sent to the Senate, it shall be respectfully communicated in any written form to the Chair and all Senators by the Secretary of the Senate.
4-2.3 Reading of the Journal
(a) It shall be the duty of the Chairman of the Committee on Rules or his or her designee to read the Journal of each day's proceedings, and report to the Senate that the same is correct before the Journal is read by the Secretary.
(b) The reading of the Journal shall not be dispensed with, except by a vote of a majority of the members voting or by unanimous consent.
4-2.4 Reading of Bills and Joint Resolutions
(a) The title of every general bill and of every resolution intended to have the effect of general law or to amend this Constitution or to propose a new Constitution shall be read three times and on three separate days in each house before such bill or resolution shall be voted upon; and the third reading of such bill and resolution shall be in their entirety when ordered by the presiding officer or by a majority of the members voting on such question in either house. (Ga. Const., art. III, sec. V, par. VII)
(b) Before reading any bill or resolution the second or third time, the Secretary of the Senate shall distinctly state its number and the name of the Senator(s) by whom introduced. Provided, that the General Appropriations Bill shall have precedence on third reading over all other matters, even Special Orders, until final disposition of the said Bill.
(c) The General Assembly may provide by law for the procedure for considering local legislation. The title of every local bill and every resolution intended to have the effect of local law shall be read at least once before such bill or resolution shall be voted

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upon; and no such bill or resolution shall be voted upon prior to the second day following the day of introduction. (Ga. Const., art. III, sec. V, par. VIII)
4-2.5 Reference of Bills (a) Upon the introduction of any bill or resolution or other matter, requiring reference to a committee, the President, shall as a matter of course and without debate, report the reference of the bill to the proper committee as directed by the President Pro Tempore.
(b) Upon the introduction of local legislation, the number, authors, and title to each local bill or resolution shall be read, and the President of the Senate shall report the reference of the bill, at the direction of the President Pro Tempore, to the standing Committee on State and Local Governmental Operations.
4-2.6 Order for Second (2nd) Reading; Second Reading After the 35th Day
Any general bill or resolution shall be automatically passed to a second reading on the legislative day following the day the bill or resolution is reported by the committee to which it was referred. Except that after the thirty-fifth (35th) day of any regular session, every bill and resolution shall be read a second time on the same legislative day that the bill or resolution is reported by the committee to which it was referred. No debate shall be admitted upon any bill at the first or second reading.
4-2.7 Roll Call
(a) The electronic roll call system shall be used to call the roll of the Senators, who shall use the Yea switch to signify their presence.
(b) The roll call at the opening of each session of the Senate shall not be dispensed with, except by a majority vote of the Senators voting or by unanimous consent.
4-2.8 General Consent Calendar for Commemorative Resolutions
(a) All general commemorative resolutions shall be placed on a General Consent Calendar for Commemorative Resolutions. As used in this rule, the term "commemorative resolutions" means all resolutions that name or rename roads, streets, highways, parks, bodies of water, bridges, institutions, buildings, structures, and any other geographic landmark within one senatorial district. If the proposal involves naming or renaming such geographic landmark that extends beyond one senatorial district, the resolution is not appropriate for this calendar.
(b) The General Consent Calendar for Commemorative Resolutions must be placed on each Senator's desk at the time of the third reading and shall be read a third time by title and then put to the Senate for a vote on the electronic roll-call system as a group at the

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time provided in the order of business; and the question shall be whether all resolutions of the General Consent Calendar for Commemorative Resolutions shall pass.
(c) Before the time the General Consent Calendar for Commemorative Resolutions is put to a vote, if a member of the Senate objects in writing to the inclusion of any bill on the General Consent Calendar for Commemorative Resolutions, the general resolution on which the objection is made shall then be placed at the bottom of the calendar of bills of general application then in order for a third reading.
4-2.9 Local Consent Calendar
(a) All local bills on the Local Consent Calendar, which must be placed on each Senators desk no less than one hour before the time of convening, shall be put to the Senate for a vote on the electronic roll call system as a group at the time provided in the order of business, and the question shall be whether all bills on the Local Consent Calendar shall pass.
(b) Before the time the Local Consent Calendar is put to a vote, if three members of the Senate, one of whose district is directly affected, object (in writing on forms furnished by the Secretary of the Senate) to the inclusion of any local bill on the Local Consent Calendar, the local bill on which the objection is made shall then be placed on the Calendar for "Local Contested Bills" which is next in the order of business.
(c) The number, authors, and title of each bill on the Local Contested Calendar shall be read, considered and voted on as provided in the rules for general legislation, except that the proponents and opponents shall each be limited to ten (l0) minutes.
4-2.10 Third Reading and Consideration
(a) All bills and resolutions shall be called in the order in which they appear on the Rules calendar. On the days on which there is no Rules calendar, bills shall be called in numerical order. No general Senate bill or resolution having the effect of law shall be read the third time and put upon its passage or adoption after the thirty-third (33rd)day of any regular session. No general House bill or resolution having the effect of law shall be read the third time and put upon its passage or adoption after the thirty-ninth (39th) day of any regular session except that this prohibition shall not apply to a bill or resolution which was laid on the table on the thirty-ninth (39th) day. The provisions of this paragraph shall in no case be suspended except by a two-thirds' (2/3) vote of the members to which the Senate is entitled.
(b) The Committee on Rules shall arrange and fix the calendar for each day's business for the last thirty-five (35) days of each regular session of the General Assembly. Such calendar shall be a standing and continuing special order during said period. No matter

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shall be taken up or acted on otherwise than in the order and manner fixed by such calendar, except by a three-fourths vote of those voting, provided such three-fourths constitutes a majority of the members elected to the Senate. This rule may not be suspended by a two-thirds vote of the Senate. (c) All bills and resolutions shall be called in the order in which they appear on the Rules calendar. The President shall not recognize any Senator at any time for the purpose of asking unanimous consent to place any general bill out of its regular order. Neither shall he or she recognize any request for unanimous consent for the introduction of new matter, to read any bill or resolution the second time, or to place any local bill or resolution on its passage. The President shall entertain but one unanimous consent at one time.
4-2.11 Bills Placed on Desk; Calendar Changes
No General bill or resolution shall be put for final passage unless the same has been put on a calendar and placed on each Senator's desk no less than one hour prior to the time of convening on the date of passage. The Secretary of the Senate shall put all bills which appear on the prepared calendar and which may be considered that day in order on the Senators desks. The calendar can be changed by a vote of two-thirds of the Senators voting, provided such two-thirds constitutes a majority of the members elected to the Senate. Nothing in this Rule shall apply to local bills or local resolutions.
4-2.12 Reference to More Than One Committee; Effect
When a bill or a resolution has been referred to and reported by more than one committee or has been reported by and then committed to the same committee, the last committee report shall be acted on by the Senate; and in all cases the report of the Committee of the Whole shall be first acted on by the Senate.
4-2.13 Disagreement with Committee Report on Third Reading
When a bill or resolution, favorably reported by a committee is on its third, or last reading, if the report of the committee is disagreed to by the Senate, the bill or resolution shall be lost, unless the action of the Senate in disagreeing to the committee report is reconsidered within the proper time.
4-2.14 Transmittal to the House
No bill or resolution shall be transmitted to the House on the day of passage thereof unless two-thirds of the Senators voting, provided the total vote constitutes a quorum, shall so order. Provided, during the last three legislative days of any regular session, any bill, resolution or other matter which requires action by the House shall be immediately transmitted to the House by the Secretary of the Senate. The Secretary

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shall also immediately transmit Senate Bills and Resolutions requiring House action on the thirty-third (33rd) legislative day after any notice to reconsider is disposed of.
4-2.15 Fixed Hour of Adjournment Whenever the hour of adjournment, as fixed by a prior resolution, shall arrive while the electronic vote of the Senate is being taken, the session shall continue until the vote is announced. If said fixed hour of adjournment shall arrive while the Senate is acting on the main question, after a motion for the previous question has been sustained, and before the voting machine is unlocked, the Senate shall stand adjourned by virtue of said prior resolution.

SECTION FIVE VOTING
5-1.1 Votes Required for Passage
(a) No bill shall become law unless it shall receive a majority of the votes of all the members to which each house is entitled, and such vote shall so appear on the Journal of each house. (Ga. Const., art. III, sec. V, par. V.)
(b) In the event no specific vote is provided in these Rules for the passage of any Senate amendment, motion or procedural matters and on all other matters not otherwise provided for in these Rules, the vote for passage or adoption thereof shall be a majority of those voting, provided the total vote constitutes a quorum.
(c) As to all resolutions not otherwise provided for in these Rules, the vote for adoption shall be by a majority of the votes of all the members to which the Senate is entitled.
5-1.2 Quorum
(a) A majority of the members to which the Senate is entitled shall constitute a quorum to transact business. A smaller number may adjourn from day to day and compel the presence of its absent members. (Ga. Const., art. III, sec. IV, par. III.)
(b) The power to compel the attendance of Senators, in order to keep or secure a quorum, shall be vested in the President Pro Tempore, and to this end he or she may have the doors of the Senate closed. When the doors are so closed, no Senator shall be allowed to retire from the Senate without first obtaining leave from the Senate.
(c) The Sergeant at Arms of the Senate on order of the President Pro Tempore may arrest any absentees and bring them before the Senate when necessary to secure a quorum.

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5-1.3 Voting, General
(a) No Senator shall be permitted to cast his or her vote on any motion, resolution, amendment, bill, or other question, until the question is put to the Senate by the President by voice vote, or division of the Senate, or until after the roll call has begun.
(b) The Presidents method of stating the question on any motion for a voice vote shall be as follows: "All those who favor the motion shall rise, stand and be counted"; after a count is had by the Secretary of the Senate, he or she shall call upon the Senators to "Reverse your position," and the President shall announce the result.
(c) In either house, when ordered by the presiding officer or at the desire of one-fifth of the members present or a lesser number if so provided by the rules of either house, a roll-call vote on any question shall be taken and shall be entered on the Journal. (Ga. Const., art. III, sec. V, par. VI.)
(d) Any Senator or the presiding officer may call for a division on any matter before the Senate, and the presiding officer may order a roll call or any Senator may call for the Yeas and Nays; if the call for the Yeas and Nays is sustained by five (5) of the members voting, the vote shall be taken by the Yeas and Nays and so entered on the Journal. A motion for the call of the Yeas and Nays shall be decided without debate.
(e) Whenever on any question the Yeas and Nays shall have been ordered, the Secretary shall also enter on the Journal the names of those members not voting.
5-1.4 Final Passage
(a) On the final passage of all bills and resolutions having the effect of law, the adoption of all Committee on Conference reports, or any action that would have the effect of finalizing the Senates action on any general bill or resolution or confirmation, there shall be a recorded vote.
(b) The yeas and nays in the Senate shall be recorded and entered on the Journal upon the passage or rejection of any bill or resolution appropriating money and whenever the Constitution requires a vote of two-thirds of either or both houses for the passage of a bill or resolution. (Ga. Const., art. III, sec. V, par. VI.)
5-1.5 Electronic Roll Call System
(a) In all instances where the Rules, statutes or Constitution provide for the Yeas and Nays or a roll call, the electronic roll call system shall be used. The system shall be set so that it automatically locks and records the vote sixty (6) seconds after it is activated. When the presiding officer ascertains that the electronic roll call system is inoperative,

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he or she shall order the Secretary of the Senate to call the roll and the voice votes of each Senator recorded.
(b) The official roll call shall be printed by the electronic roll call system, and shall never in any way be altered or the votes recorded thereon changed.
(c) When the electronic roll call system is used, the voting procedure shall be: after the main question is put, the presiding officer shall state, "The question is on (designating the matter to be voted upon), all in favor vote Yea, and all opposed, Nay; the Secretary will unlock the machine"; after the machine is electronically locked and records the vote, the presiding officer shall announce the vote and declare the results.
5-1.6 Debate Prohibited During Voting
During a vote on any question, no debate shall be had.
5-1.7 Verification of Vote; Change of Vote
(a) On the call of the Yeas and Nays by voice vote, the Secretary of the Senate shall read the names of the Senators after they have been called, and no Senator shall be permitted to change his or her vote, unless he or she, declares that he or she voted by mistake of the question. When the electronic roll call system is used, this Rule shall be inoperative.
(b) When the electronic roll call system is used, no verification of the roll call is required, but when a roll call vote is taken, it shall be verified unless suspended by unanimous consent. No Senator shall be permitted to change his or her vote for any reason.
5-1.8 Voting Prohibitions
(a) No Senator or person shall vote for or attempt to vote for another Senator on any questions. Violation of this Rule shall be deemed to be disorderly behavior and subject to punishment as provided by the Constitution and Rules of the Senate. This Rule cannot be suspended by unanimous consent.
(b) No pairing of members shall be recognized or allowed as an excuse for not voting.
(c) In every case where the seat of a Senator is being contested, the sitting Senator and the contestant shall both retire from the Senate before the vote is taken.
(d) No Senator shall vote upon any question if the Senator or any member of the Senators immediate family has a direct pecuniary interest in the result of such vote

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which interest is distinct, unique or peculiar to the Senator or the Senators immediate family.
5-1.9 Explanation of Vote
No member shall be permitted to explain his or her vote during a roll call; however, on all questions, except such as are not debatable, any Senator shall be permitted to explain his or her vote by reducing his or her explanation to writing in no more than two hundred-fifty (250) words. The writing shall not impugn the motives of any other Senator, and if filed with the Secretary of the Senate before the confirmation of the Journal on the day next succeeding such vote, shall be entered on the Journal of that day.
5-1.10 No Quorum Present
(a) Whenever the result of a vote taken shall disclose the fact that no quorum of the Senate is present, or when the President shall officially state the fact to the Senate, it shall be in order for any Senator to make a motion for a call of the Senate. When such motion is made, the President shall state the question as follows: "Shall the motion for the call of the Senate prevail?" and if five of the Senators present shall vote in the affirmative, the President shall order the Secretary of the Senate to call the roll of Senators, and the absentees shall be noted. The doors shall then be closed, after which the names of the absentees shall again be called. Those who do not appear, and who are absent without leave, may, by order of the majority of the Senators present, be sent for and arrested wherever they may be found by officers to be appointed by the Sergeant at Arms for that purpose, and their attendance secured, and the Senate shall determine upon what conditions they shall be discharged.
(b) When less than a quorum vote on any subject under consideration by the Senate, the President may order the doors of the Senate be closed and the roll of Senators called by the Secretary, or recorded on the electronic roll call system. If it is ascertained that a quorum is present, either by answering to their names or by their presence in the Senate, the refusal of any Senator present to vote, unless excused, shall be deemed a contempt of the Senate.

SECTION SIX MOTIONS AND PRECEDENCE
PART ONE: Motions Generally

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6-1.1 Motions; How Made, Withdrawn
(a) After a motion is stated by the President, or read by the Secretary of the Senate, it shall be deemed to be in the possession of the Senate, but may be withdrawn by unanimous consent at any time before decision. (b) A motion made by any Senator need not be seconded.
(c) No Senator may make more than one motion at a time. While the motion is being put to the Senate he or she must resume his or her seat, and he or she is not entitled to the floor again unless recognized again by the President.
6-1.2 Motions; Precedence
When any subject is before the Senate for consideration, or under debate, no motion shall be received except the following, to-wit:
1st- A motion to adjourn. 2nd- A motion to lay on the table. 3rd- A motion for the previous question. 4th- A motion to adjourn to a time definite. 5th- A motion to indefinitely postpone. 6th- A motion to postpone to a day certain. 7th- A motion to commit. 8th- A motion to amend. 9th- A motion to print.
Said motions shall have precedence in the order named.
PART TWO: MOTION TO ADJOURN
6-2.1 Timing of Motion
(a) A motion to adjourn may be made at any time when the Senator making such motion can legitimately obtain the floor.
(b) A motion to adjourn may be made after the motion for the previous question has been sustained. But when the Senate has voted that the "main question shall be now put," no motion to adjourn is in order, nor shall any motion to adjourn be in order after the Secretary has called the first name of the Yeas and Nays and a vote of one Senator has been given, or after the electronic roll call system is unlocked for voting, or after a division of the Senate has been had on a vote and the vote is in process of being counted and announced.

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6-2.2 Motion Not Debatable
A motion to adjourn is not debatable, nor shall said motion be made a second time until further progress has been made in the business before the Senate. A motion to adjourn in its simple form shall not be amended. 6-2.3 Motion to Adjourn to a Particular Day
A motion to adjourn to a particular day, if made when the Senate is not actually engaged in other business, is debatable, and is amendable as to the day or time proposed. Debate is confined strictly to the proposition to postpone and to show why one day or time is preferred over another.
6-2.4 Simple Motion to Adjourn
When a motion to adjourn in its simple form prevails, it adjourns the Senate to the next fixed sitting day or time.

PART THREE: MOTION TO TABLE
6-3.1 Effect of Motion
If the motion to lay on the table prevails, it removes from the consideration of the Senate the measure, together with all the amendments attached to it at the time it is so removed.
6-3.2 Timing of Motion
(a) A motion to lay on the table may be made after the motion for the previous question has been sustained; but, when the Senate has voted that the "main question shall be now put," no motion to lay on the table is in order.
(b) A motion to lay on the table or to take from the table may be renewed from time to time when new business has intervened.
6-3.3 Measures that Cannot be Tabled
(a) Nothing may be legitimately laid on the table excepting what may be taken up again.
(b) A motion to lay on the table shall not itself be subject to being laid on the table.
(c) No motion to lay an amendment on the table shall be in order.

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6-3.4 Motion not Debatable
Neither the motion to lay on the table nor the motion to take from the table is debatable or amendable.
6-3.5 Removing Measures from the Table
(a) When the proposition is taken from the table, it stands before the Senate in the exact form, with all the amendments pertaining to it, that it did at the time the motion to lay on the table prevailed.
(b) Any bill or resolution taken from the table shall take its place at the foot of the calendar of bills then in order for a third reading.
(c) A majority of a quorum voting may take from the table at any time when the Senate is not engaged on any other measure, any bill, resolution, or paper which has been ordered to lie on the table.

PART FOUR: MOTION TO INDEFINITELY POSTPONE
6-4.1 Effect of Motion
When a bill, resolution, or other measure is under consideration on the final reading thereof, a motion to indefinitely postpone, if decided in the affirmative by a majority of those voting, provided the total vote constitutes a quorum, thereby disposes of said bill, resolution, or other measure. A motion to indefinitely postpone, if passed, is subject to immediate reconsideration.
6-4.2 Precedence and Applicability of Motion
While the motion to indefinitely postpone takes precedence over a motion to postpone to a day certain, or to commit or to amend, yet this motion cannot be applied to said motions, nor can it be applied to incidental questions, such as questions of order, reading of papers, withdrawal of a motion, and suspension of a rule.
6-4.3 Motion is Debatable
The motion to indefinitely postpone lays open the whole question for debate, but the motion cannot be amended.

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6-4.4 Motion Not Renewable
No motion to indefinitely postpone shall be renewed on any bill, resolution, or other measure after the same has once been voted down.
PART FIVE: MOTION TO POSTPONE
6-5.1 Applicability
A motion to postpone to a day certain cannot be applied to subordinate or incidental questions, but only to the whole measure. It is amendable by substituting one day for another. If a day proposed is known to be beyond the limits of the session, the motion shall be treated as one to indefinitely postpone.
6-5.2 Debate on Motion
On a motion to postpone a question to a day certain it is not in order to debate the merits of the question. Debate may be allowed, but it shall be confined strictly to the proposition to postpone and to show why one day is preferred to another. This motion cannot be renewed or made a second time to the same measure on the same day.
6-5.3 When in Order
No motion shall be in order to postpone a bill or resolution on the daily or rules calendar until the bill or resolution has been read a third time.
6-5.4 Effect of Motion; Return to General Calendar
Any bill or resolution postponed to a day certain shall take its place at the bottom of the calendar under which the Senate is operating on the day to which it was postponed; except that after the fifth day of any regular session, a bill or resolution postponed for the second time shall be placed on the General Calendar for the day to which it was postponed.

PART SIX: MOTION TO COMMIT
6-6.1 Applicability
(a) Motions to commit may be made to refer a bill, resolution, or other measure to a standing or special committee, or Committee of the Whole Senate.
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until the bill or resolution has been read a third time.
6-6.2 Precedence
A motion to commit to a standing committee takes precedence over a motion to commit to a special committee, and shall be voted on first. If a motion is made that a bill, resolution, or other measure be committed to the Committee of the Whole Senate, this motion shall be put before either of the above named motions.
6-6.3 Debate of Motion
On a motion simply to commit to a committee or to withdraw a bill or resolution from one committee and commit to another, the Senator making such motion shall be allowed three (3) minutes to explain his or her motion and one Senator shall be allowed three (3) minutes to oppose the motion. However, where instructions are added, the merits of the question may be debated.
6-6.4 Timing
No motion to withdraw a bill or resolution from one committee and commit to another shall be in order except at the time provided for in the order of business.
6-6.5 Amendable
A motion to commit may be amended by adding instructions, or by substituting another committee for the one named by the Senator making the motion.
6-6.6 Vote Required for Passage
Any proposition that has been referred to any committee, either standing or special, may, on motion, be committed to the same or any other committee by a majority of those voting, provided the total vote constitutes a quorum.
PART SEVEN: RECONSIDERATION
6-7.1 Timing and Notice
(a) Before any action can be reconsidered, notice of intention to so move must be given to the Senate during the legislative day on which the action sought to be reconsidered took place. The notice cannot be withdrawn and any Senator can move for reconsideration the following legislative day.
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reconsideration of any matter therein contained, except such matter that has been previously reconsidered or transmitted to the House of Representatives.
(c) A notice of motion to reconsider a bill or resolution shall take precedence over a motion to transmit and shall have the effect of defeating the motion to transmit; except on the thirty-third (33rd) day and during the last three (3) days of any regular session, a Senator must give notice immediately of his or her intention to move to reconsider, and the President Pro Tempore or the designee of the President Pro Tempore shall set a time during the day when the motion will be entertained, so stating the time to the Senate; the time shall be at the discretion of the President Pro Tempore or the designee of the President Pro Tempore, but not less than ten minutes. If the Senate is considering any other business at the time the motion to reconsider has been set to be entertained, the motion will be taken up upon conclusion of that business.
6-7.2 Reconsideration of Amendments
The action of the Senate upon an amendment may be reconsidered at any time before final action upon the section, bill, or resolution to which it relates.
6-7.3 Limitations
No matter shall be reconsidered more than once. A motion to reconsider shall not itself be subject to reconsideration.
6-7.4 Effect of Motion; Return to General Calendar
All bills and resolutions reconsidered shall take their place at the foot of the calendar of bills then in order for a third reading; however, during the last thirty-five (35) legislative days of each session, a reconsidered bill or resolution which was passed or adopted shall take its place at the foot of the Rules Calendar, and a reconsidered bill or resolution which was defeated shall be placed on the General Calendar.

PART EIGHT: MOTION FOR THE PREVIOUS QUESTION
6-8.1 How Made; Precedence; Motion not Debatable
The motion for the previous question shall be decided without debate, and shall take precedence over all other motions except motions to adjourn or to lay on the table. When it is moved, the first question shall be, "Shall the motion for the previous question be sustained?". If this is decided by a majority of those voting, provided the total vote constitutes a quorum, the motions to adjourn or to lay on the table, may still be made, but they must be made before the next question, to-wit: "Shall the main

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question be now put?" is decided in the affirmative. After said last question is affirmatively decided by a majority of those voting, provided that the total vote constitutes a quorum, said motions will be out of order, and the Senate cannot adjourn until the previous question is exhausted, the regular hour of adjournment arrives, or the Senate reconsiders its action.
6-8.2When Motion is not in Order
No motion to reconsider the action of the Senate in ordering the main question shall be in order after the Secretary of the Senate has called the first name on call of the Yeas and Nays and the vote of any member has been given, or after the electronic roll call system is unlocked for voting, or after a division of the Senate has been had on the vote and the vote is in process of being counted and announced; in such cases the roll call shall be completed, the vote counted, and the result finally announced.
6-8.3 Applicability
The previous question may be called and ordered upon a single motion, or on an amendment, or it may be made to embrace all authorized motions or amendments, and include the entire bill.
6-8.4 Division of the Question
(a) If a question contains two or more separate and distinct propositions, any Senator may demand that the question be divided into separate propositions.
(b) The Senator calling for a division must state what definite parts, and how many, he or she would have the question divided into. Each part of the divided proposition must be so distinct that if taken away the remainder can stand by itself as a consistent and entire unit.
6-8.5 Effect; Time for Debate of Main Question; Minority Reports
(a) When the previous question has been ordered, the Senate shall then proceed to act on the main question without debate, except that before the main question is put, ten minutes shall be allowed to close the debate to the committee whose report of the bill or other measure is under consideration.
(b) In all cases where a minority report has been submitted on any matter, if the previous question is ordered, there shall be ten minutes allowed to the member whose name is first signed to said minority report, or to such member or members as he or she may indicate, for the time so allowed, or any part of it, before the ten minutes allowed to the Chairman submitting the majority report.

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(c) A call of the Senate shall not be in order after the previous question is ordered, unless it shall appear upon an actual count by the President that a quorum is not present.
6-8.6 Order of Business after Main Question is Ordered
(a) All incidental questions of order arising after a motion is made for the previous question, and pending such motion, shall be decided, whether on appeal or otherwise, without debate.
(b) The effect of the order that the "main question be now put," is to bring the Senate to a vote on pending questions in the order in which they stood before it was moved.
6-8.7 Reconsideration after Main Question is Ordered
After the main question has been ordered, a motion to reconsider this action will, if adopted, have the effect to repeal the ordering of both the main question and the previous question, and will leave the pending measure again open to debate and amendment. The motion to reconsider the ordering of the main question can be made only once, and if lost, or if the main question is again subsequently ordered on the pending measure, no second motion to reconsider the ordering of the main question shall be entertained.

PART NINE: OTHER MOTIONS
6-9.1 Motion to Engross
(a) A motion to engross a bill or resolution may be made only at the times and in the manners prescribed in this rule and not at any other time or in any other manner.
(b) When the bill or measure is read for the first time, any member may orally serve notice that he or she intends to move to engross such measure. When such notice is served, the presiding officer shall suspend assignment of such measure to committee until the motion is disposed of as provided in this rule. When such notice has been served, any member may at the proper time make a motion to engross the measure. The proper time for such motion shall be immediately before the commencement of the third reading and consideration of general bills and resolutions. When a motion to engross is made, the motion shall be debatable. The debate is limited to ten minutes in support of such motion and ten minutes in opposition to such motion. No bill or resolution shall be engrossed except upon the affirmative vote of a majority of the members to which the Senate is entitled. In case of engrossment of a measure, the entry thereof shall be made by the Secretary of the Senate, and the measure shall not be amended or changed by the Senate in any manner thereafter. When the motion to

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engross has been disposed of, or if no motion is made at the proper time after service of notice, the presiding officer shall then proceed to refer the measure to the proper committee as directed by the President Pro Tempore.
(c) When the bill is read for the third time, any member may make a motion to engross the bill regardless of whether notice has been served when the bill is read for the first time as described in paragraph (b). The proper time for such motion shall be immediately before the commencement of the third reading and consideration of general bills and resolutions. When a motion to engross is made the motion shall be debatable. The debate is limited to ten minutes in support of such motion and ten minutes in opposition to such motion. A majority vote of the members to which the Senate is entitled is required to engross the bill. The effect of a motion to engross which has been passed is that no amendments to the bill shall be introduced or attached during the debate of such bill by the Senate.
(d) Any House amendment to any bill or resolution engrossed by the Senate shall also be considered engrossed in the Senate such that the Senate may not introduce or attach amendments to such House amendments but may only agree or disagree to the House amendment.
6-9.2 Motion to Take Up Out of Order; Special Orders
(a) Every motion or request to take up general bills or resolutions out of their regular order and every motion or request for special orders shall be decided by a two-thirds (2/3) vote of the members to which the Senate is entitled.
(b) Upon a motion by any Senator, a Special Order or a Special Order Resolution may be taken up by the Senate at any time following the conclusion of the current business before the Senate.
(c) Motions to change the order of business are not debatable.
6-9.3 Suspension of Rules
(a) The rules of the Senate shall in no case be suspended or changed or the order of business changed except by two-thirds of the members voting, if such two-thirds constitute a majority of the members elected to the Senate, unless prohibited by any other rule of the Senate.
(b) Any request for unanimous consent to suspend the Rules shall be decided without debate.

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6-9.4 Motions Containing New Matters
Any motion not privileged, containing new matters, shall lie at least one day on the table.
6-9.5 Call of the Senate
Upon the call of the majority of Senators, ordinary and extraordinary, the names of the absentees shall be noted by the Secretary of the Senate, and shall appear in the Journal with a notation of those previously excused.

SECTION SEVEN AMENDMENTS
7-1.1 General Form; Notice; Manner of Consideration
(a) There are three ways in which a proposition may be amended: 1st. By inserting or adding. 2nd. By striking out. 3rd. By striking out and inserting.
(b) All motions to amend any matter before the Senate must be in writing. They must plainly and distinctly set forth the amendment desired and the part of the bill or resolution where said amendment shall be inserted or added.
(c) Where blanks occur in any proposition, they must be filled first before any motion is made to amend.
7-1.2 Germaneness
(a) No motion on a subject different from that under consideration shall be admitted under the pretext that it is an amendment.
(b) Any irrelevant amendment or amendment obviously offered for the purpose of delay shall be ruled out of order by the Parliamentarian.
7-1.3 Timing
(a) After referral of a bill, and report thereof to the Senate, it may be amended before the report of the committee is agreed to by the Senate; but the amendments, if any, reported by the committee, shall be disposed of before any other amendment be considered, unless it be an amendment to a committee amendment.

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(b) A substitute offered by a committee must be disposed of before any other substitute can be considered. No substitute can be offered to another substitute.
(b) An amendment cannot be offered after the report of the committee to which the bill or resolution under consideration was referred has been agreed to by the Senate, unless said action of the Senate, in so agreeing to said report of said committee, shall first be reconsidered.
7-1.4 Precedence of Amendments
On all questions, whether in committee or in the Senate, the first amendment, the most distant day, and the largest sum shall be put first.
7-1.5 Amendments to Amendments
An amendment is itself subject to be amended, in all three of the ways above mentioned, but it is not permissible to amend an amendment to an amendment.
7-1.6 Substitutes
(a) When a bill or resolution is before the Senate for consideration, and amendments are pending thereto, and a substitute shall be offered for said bill or resolution, and an amendment shall be offered to said substitute, it shall be in order for the Senate to perfect first the original bill or resolution, and then perfect the substitute. The question before the Senate shall be on agreeing to the substitute as amended, if it be amended; and, if decided in the affirmative, the question shall be: "Shall this bill pass," or "resolution be adopted," as the case may be, "by substitute."
(b) However, when the Senate adopts a substitute to any bill or resolution other than one offered by the committee from which the bill was last reported, passage of the bill shall be suspended at that time. The bill shall then be placed at the top of the General Calendar of the next meeting day of the Senate, at which time the previously adopted substitute shall stand automatically reconsidered and the substitute and the bill shall be before the Senate for consideration and passage. On and after the fifth (5th)legislative day of any regular session, the adopted substitute and bill shall be placed on the General Calendar, subject to being placed on the Rules Calendar by the Rules Committee. Any amendment offered by a Senator which contains more than three pages or is more than one-half the length, by lines or words, of the document which it amends (whichever is less) shall be treated as a substitute for the purposes of this subsection.
(c) A substitute shall be treated as an amendment in these Rules unless it is clearly indicated otherwise. Provided, however, for the purpose of amending a Senate substitute, a substitute shall not be treated as an amendment.

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7-1.7 Amendments to the Title of a Bill or Resolution
The title of a bill or resolution shall not be considered or amended until the measure has been perfected.
7-1.8 Amendment by Paragraph
(a) When a motion is made to amend by striking out a paragraph, any amendment offered to perfect the paragraph shall be put first before the question is put for striking it out. If a motion be made to strike out a part of a bill or resolution, a motion to amend the part proposed to be stricken out shall have precedence.
(b) When a motion is made to amend by striking out and inserting, the Secretary of the Senate shall read the amendment into the record.
(c) When a proposition consisting of several sections or resolutions is on a final reading, and the Senate shall agree to a motion to consider the same by sections or paragraphs, the Secretary of the Senate, in reading the same, shall pause at the end of each section or resolution; and the amendments thereto shall be offered as the several sections or resolutions are read. But the amendments offered by the committee to which said bill or resolution was referred shall be read by the Secretary without any motion being made. When a section or resolution shall have been considered, it is not in order to recur and amend it, unless first reconsidered.
7-1.9 Amendments to Appropriations Bills
Any amendment to the amount of an appropriation in an appropriations bill must include both the "reduction" and "addition" so that the total expenditure for the entire bill shall be unchanged.
7-1.10 House Amendments to Senate Bills
(a) The questions which arise before the Senate respecting amendments by the House to a Senate bill or resolution are, in order of precedence:
1st- A motion to agree to the House amendment as amended by the Senate. This motion shall be considered to be out of order if the bill or resolution has been engrossed by the Senate pursuant to 6-9.1.
2nd- A motion to agree to the House amendment. 3rd- A motion to disagree with the House amendment. 4th- A motion to recede from the Senates disagreement or amendment. 5th- A motion to insist on the Senates disagreement or amendment. 6th- A motion to adhere to the Senates disagreement or amendment.

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(b) The President, upon point of order being made, shall report the decision of the Parliamentarian stating that in his or her opinion a House amendment to a Senate bill is not germane, and such amendment shall be ruled out of order. The effect of such ruling of the Parliamentarian, if not appealed from or if appealed from and the appeal not sustained, shall be the same as a vote of the Senate to disagree, and as such the Secretary shall so report it to the House. Such point of order shall take precedence over a motion to agree.
(c) When any bill or resolution which originated in the Senate has been amended in the House, and is before the Senate for action on the House amendment, one or more amendments may be offered in the Senate to the House amendment unless the bill or resolution has been engrossed by the Senate pursuant to Rule 6-9.1. A proposed Senate amendment to the House amendment may itself be subject to amendment, and in this respect Rule 7-1.5 shall not apply.
(d) A House amendment to a Senate bill or resolution must be adopted by the vote required to pass the bill or resolution.

SECTION EIGHT DEBATE
8-1.1 Recognition to Speak
When any Senator is about to speak in debate or deliver any matter to the Senate, he or she shall rise from his or her seat and respectfully address himself or herself to "Mr. or Madam President." The President shall not recognize any Senator unless he or she shall address the Chair from his or her seat; provided, that the President shall not put a question or take any other action which would foreclose debate if any Senator, not at his or her seat, shall signify to the Chair that he or she wishes to be recognized, and shall immediately proceed to his or her seat for that purpose.
8-1.2 Presiding Officers Power of Recognition
When two or more Senators shall rise at the same time, the President shall name the Senator entitled to proceed; provided, however, the President shall recognize the President Pro Tempore, the Majority Leader, and the Minority Leader, in that order of precedence, should any of them rise to speak, prior to recognizing any other Senator.
8-1.3 Interruptions; When Allowed
No Senator shall address the Senate, or interrogate a Senator who is speaking, except through the President. Should the Senator speaking decline to be interrupted, the

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President shall cause the Senator desiring to interrogate to be silent.
8-1.4 Private Conversations
During any session of the Senate, the members of the Senate shall refrain from audible private conversation that disrupts the business of the Senate.
8-1.5 Reference to Private Conversations and Referral by Name Prohibited
(a) No Senator shall refer in debate to any private conversation had with another Senator.
(b) Senators speaking shall not call other Senators by name but may designate them by their position on the floor or by the district they represent.
8-1.6 Senator Speaking; Rights and Prohibitions
(a) No Senator shall, after debating any question, and before yielding the floor, be allowed to submit any motion, the effect of which would prevent further debate.
(b) No Senator shall be allowed to address himself or herself to any question, and then move to table the bill, resolution, or motion, or move the previous question thereon, without relinquishing the floor.
8-1.7 Limitation on Speaking
(a) Any Senator shall be confined to matter in debate and shall not speak more than twice on any subject or more than once until every member choosing to speak shall have spoken.
(b) All individual speeches on bills and resolutions shall be limited to thirty minutes unless extended by a majority of those voting, provided the total vote constitutes a quorum. In computing the thirty minutes, the time consumed in asking questions will be considered. If a Senator consents to questions, the time consumed by the interruption will be included as part of the thirty minutes allotted that member.
(c) On all points of personal privilege, individual speeches shall be limited to five minutes.
8-1.8 Priority of Business
All questions as to priority of business to be acted on shall be decided by the President Pro Tempore without debate unless otherwise provided for in these Rules.

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8-1.9 Control of Debate
The President shall, at his or her discretion, suspend irrelevant debate and command silence whenever he or she may deem it necessary.
8-1.10 Roll Call
The President may at any time order the roll called electronically on any question.
8-1.11 Parliamentarian and Appeals
(a) All appeals from the decisions of the Chair shall be made immediately before the next item of business is taken up. The President Pro Tempore shall be the Senate Parliamentarian (and in his or her absence, it shall be the Secretary of the Senate) who shall concur with or overturn the decision of the Chair. A motion of appeal of the decision of the Senate Parliamentarian shall be decided immediately by a vote of the majority of the members to which the Senate is entitled.
(b) If a ruling is appealed, the question shall be: Shall the ruling of the Senate Parliamentarian (or President in the case of concurrence between the President and the Senate Parliamentarian) be sustained. The Ruling of the Senate Parliamentarian (or President in the case of concurrence between the President and the Senate Parliamentarian) shall be sustained unless a majority of the members to which the Senate is entitled vote against sustaining the ruling.
(c) On all appeals on questions of order of a personal character there shall be no debate.
8-1.12 Protests
Any Senator may have entered on the Journal a protest in writing against the action of the Senate. Said protest shall clearly and succinctly set forth the grounds of such protest. It shall not impugn the motive of the Senate or of any members thereof.
8-1.13 Questions of privilege
Questions of privilege shall be, first, those affecting the rights of the Senate collectively, its safety, dignity, and the integrity of its proceedings; second, the right, reputation, and conduct of Senators individually, in their representative capacity only. Questions of privilege shall have precedence over all other questions. Provided, that when any matter is pending before the Senate, no question of personal privilege shall be acted on until the pending question is disposed of.

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SECTION NINE DECORUM
9-1.1 Decorum Committee
The Decorum Committee shall be composed of the President Pro Tempore, who shall be Chairman, the Majority Leader, the Minority Leader, the Majority Whip, and the Chairman of the Rules Committee.
9-1.2 Senatorial Conduct
When the Senate is in session, Senators shall conduct themselves at all times with dignity and in a manner to insure decorum in the deliberations of the body and shall be called to order by the President for activities to the contrary, including unnecessary conversation which is disruptive to the business of the session and inappropriate dress.
9-1.3 Contempt; Disorderly Conduct
(a) The Senate may punish by imprisonment, not extending beyond the session, any person not a member who shall be guilty of contempt by any disorderly behavior in its presence or who shall rescue or attempt to rescue any person arrested by order of either House. (Ga. Const., art. III, sec. IV, par. VIII.)
(b) The Senate shall be the judge of the election, returns, and qualifications of its members and shall have power to punish them for disorderly behavior or misconduct by censure, fine, imprisonment, or expulsion; but no member shall be expelled except by a vote of two-thirds of the members of the house to which such member belongs. (Ga. Const., art. III, sec. IV, par. VII.)
(c) If any Senator, in speaking or otherwise, transgresses the Rules of the Senate, the President shall call him or her to order, in which case said Senator shall immediately sit down, unless permitted to explain. The Senate shall, if appealed to, decide whether to confirm the Presidents action. If the transgressor refuses to submit to the decision of the Senate calling him or her to order, for the first offense he or she shall be reprimanded; for the second offense he or she shall be fined in a sum not exceeding one hundred dollars; and if he or she continues to transgress the rules of the Senate, he or she may be expelled from the Senate by a two-thirds vote of the Senators, which vote shall be taken by Yeas and Nays.
(d) If any Senator shall be called to order for words spoken, the words excepted to shall be taken down in writing by the Secretary of the Senate and read back to the Senate. The words excepted to shall then be admitted, denied, or explained by the Senator who spoke them. Thereupon the questions of order shall be decided and such other

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proceedings taken as the Senate may deem proper in regard thereto. Provided, that if, at the time, the Senate is acting under the previous question, such question of order, and other proceedings referred to, shall not be taken up for decision until after the previous question and the main question have been disposed of, or until such future time as may then be ordered by the Senate.
9-1.4 Introductions and Addresses to the Senate
(a) At any time during a regular session the presiding officer may introduce the Governor or any member of the Georgia Congressional Delegation.
(b) No person or group, other than the Governor or any member of the Georgia Congressional Delegation, shall be allowed to address the Senate.
(c) Senators may introduce or recognize persons or groups at any time before the Third Reading and Consideration of General Bills and Resolutions.
(d) Any Senator is permitted to bring no more than three persons, not including infants, on the floor of the Senate at any one time for recognition or photographs.
(e) Photographs of or presentations to groups larger than three persons shall only be allowed in the Senate Chamber during the 3 minutes before the time of convening and 3 minutes after adjournment.
9-1.5 Persons Entitled to Admission to the Senate During Session
(a) No person shall be allowed to enter upon the floor of the Senate when the Senate is in session except:
(1) Senators and officers thereof, (2) Members of the House and House officers, (3) The Governor of the State, (4) The Lieutenant Governor, (5) Staff members of the Secretary of the Senate, Clerk of the House, and the Office
of Legislative Counsel, (6) Former Senators, except those registered as lobbyists or who are presently
employed by the State, (7) Staff members of the Office of the Lieutenant Governor, the Office of the
President Pro Tempore, the Office of the Majority Leader, the Officer of the Minority Leader, the Senate Budget Office, the Senate Research Office, and the Senate Information Office, (8) Such others as the Senate may allow upon the unanimous written recommendation of the Decorum Committee.

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(b) No person shall be admitted on the floor of the Senate who is engaged in lobbying or who is attempting to influence legislation.
9-1.6 Doorkeepers
Not more than twelve (12) Doorkeepers shall be employed during each day in which the Senate is in session.
9-1.7 Secretaries, Interns and Aides
(a) Secretaries and aides shall be admitted on the floor of the Senate for the purpose of delivering and receiving communications to and from Senators. They shall not remain on the Senate floor to perform work for any Senator, block the aisles, nor be seated in the Senate Chamber. They shall communicate only with the Senator for whom they work or with whom they have official business.
(b) Each Senator may select an aide (not paid by the Senate) by designating in writing his or her name to the Secretary of the Senate; this aide shall not be changed during the session except by permission of the Committee on Administrative Affairs. No intern may be designated as an aide by a Senator. The aide provided for in this paragraph shall be issued a beige badge, but shall not come on the floor of the Senate while the Senate is in session.
(c) One intern shall be stationed in the rear of the Senate Chamber for the convenience of the Senators. The rotation of the interns shall be the duty of the Intern Coordinator.
9-1.8 Appropriations Bills
On the final or third reading and consideration of any bill appropriating money, the Senate may, by invitation of the Chairman of the Standing Committee on Appropriations or by the vote of a majority of those voting, provided the total vote constitutes a quorum, allow persons on the floor of the Senate for the purpose of explaining or answering any questions concerning the bill.
9-1.9 Pages
(a) No person shall be employed as a page that is under the age of twelve years.
(b) Each Senator shall be allowed to name no more than twenty (20) pages to be paid by the Senate during any regular session.
(c) The Lieutenant Governor shall be allowed to name no more than forty (40) pages during the regular session.

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(d) There shall be no more than thirty (30) pages per day.
(e) Each Senator and the Lieutenant Governor desiring to name a page for any particular day of the session shall file with the Director of Pages the name of each person he or she wishes to serve as his or her page and the date of proposed service. Such notice shall be filed at least three days prior to the date the proposed page desires to serve. The Director of Pages shall select the thirty (30) pages who shall serve on each day of the session in the order in which such notices are filed. Each Senator can assign his or her pages or page days to another Senator. There shall be no pages except as herein provided.
(f) The President Pro Tempore shall establish a program of familiarization with state government, its procedures and those duties and responsibilities which will be required of pages. The Director of Pages shall require each page to attend a training session prior to his or her service as a page during which the page will become acquainted with his or her duties and responsibilities.
9-1.10 Media
(a) While the Senate is in session, representatives of the media, including print, radio and television shall be allowed on the floor of the Senate only in the area in the rear of the Chamber designated for them.
(b) While the Senate is in session, there shall be no more than two (2) media photographers or videographers on the Chamber floor at any one time. They shall not block the aisles, be seated, or impede the vision of any Senator at any time or remain on the Senate floor when not taking pictures. No additional lights or flash bulbs shall ever be allowed in the Chamber when the Senate is in session, nor shall any tripods be allowed except in the press area in the rear of the Chamber. The Senate Photographer and one additional photographer from the Senate Information Office shall be allowed on the Chamber floor at all times.
9-1.11 Spouses, Families, and Visitors
(a) Spouses and families of Senators may be seated in the left front (facing the rostrum) of the Senate Chamber in chairs provided for them.
(b) Any Senator may bring a person in the rear alcove (between the main door and the rail) of the Senate Chamber for a period of not more than five minutes if the Senator remains with him or her during that time. Aides and staff shall not loiter in this area.

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9-1.12 North Anteroom of the Chamber
From 8 A.M. until adjournment each day, Senators, the Governor, the Lieutenant Governor, and the staff of the Lieutenant Governor and President Pro Tempore only shall be allowed in the North Lobby of the Chamber.
9-1.13 Senators Seats
No one shall ever sit in a Senators seat when the Senate is in session except with permission of the Senator who is assigned that seat.
9-1.14 Smoking, Eating, Use of Cellular Phones Prohibited
There shall be no smoking, eating, use of cellular telephones, or reading of newspapers and other materials not pertinent to legislation in the Senate Chamber while the Senate is in session.
9-1.15 Use of Computers on the Senate Floor
A Senator shall use his or her computer only for legislative business, provided that this shall not prohibit the Senator from using the computer at such times for purposes of ordinary and necessary communications with his or her home and business. Maintenance and repair of Senators computers shall not be conducted on the floor of the Senate while the Senate is in session.
9-1.16 Etiquette in the Chamber
(a) No person shall pass between the Chair and a Senator while he or she is speaking in the well.
(b) No one other than a member of the Senate may use the center aisle while the Senate is in session unless permitted by the Sergeant at Arms.
9-1.17 Gallery
The President shall have power to cause the galleries and lobbies of the Senate cleared by the Sergeant at Arms in case of disturbance or disorderly conduct therein, and to cause any person or persons so offending to be arrested and brought before the bar of the Senate to be dealt with for contempt of the Senate.

SECTION TEN CONSTRUCTION AND WAIVER OF RULES

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10-1.1 Interpretation of Rules
For any rule requiring the concurrence of the President and the President Pro Tempore, or his or her designee, if for any reason such concurrence does not occur, the matter shall be immediately decided by a majority vote of Senators present, provided such number shall constitute a quorum, unless otherwise directed by these rules. The motion shall be to sustain the ruling of the President Pro Tempore. The ruling shall be sustained unless a majority of the members to which the Senate is entitled vote against sustaining the ruling.
10-1.2 Waiver and Suspension of Rules
The rules may be suspended by unanimous consent or with the consent of two-thirds (2/3) of the members to which the Senate is entitled without referral to the Committee on Rules, when not prohibited by the law or the Constitution.
10-1.3 Changes in Rules
(a) The Committee on Rules must report changes or additions to Senate Rules submitted to it immediately after the confirmation of the Journal on the day following the introduction in the Senate of the proposed change or addition. A failure to so report such proposed change or addition to these rules within two days shall automatically bring said proposed change or addition before the Senate for consideration.
(b) Senate Rules shall be adopted at the beginning of any two-year term of the General Assembly. Adoption of the Senate Organizational Rules resolution shall require an affirmative vote of a majority of the members to which the Senate is entitled. All subsequent resolutions introduced to change or amend the Senate Rules shall be assigned to the Rules Committee and would require a two-thirds (2/3) affirmative vote of the members to which the Senate is entitled for adoption.
(c) No change in or addition to these rules shall be made, unless such proposed change or addition is first referred in writing to the Committee on Rules and reported back to the Senate.
10-1.4 General
When any question arises which is not provided for in these rules, the same shall be controlled by the most current edition of Masons Manual of Legislative Procedure.
Senators Brown of the 26th, Adelman of the 42nd and Golden of the 8th offered the following amendment to SR 2:

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Amend SR 2 by striking subparagraph (c) of Section 6-9.1 of page 43 in its entirety and redesignating the following subparagraph (d) as (c).

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

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer,N N Seabaugh Y Seay N Shafer,D

N Smith Y Starr N Staton N Stephens Y Stoner Y Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 22, nays 34, and the Brown et al. amendment was lost.

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson

Y Smith Y Starr Y Staton Y Stephens Y Stoner N Tate Y Thomas,D N Thomas,R Y Thompson,C N Thompson,S Y Tolleson Y Unterman

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Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Powell N Reed Y Rogers Y Schaefer,N Y Seabaugh Y Seay Y Shafer,D

Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 51, nays 5, and the resolution was adopted.

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

The following resolutions were read and adopted:

SR 3. By Senators Johnson of the 1st, Stephens of the 27th, Brown of the 26th and Balfour of the 9th:

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

SR 4. By Senators Johnson of the 1st, Stephens of the 27th, Brown of the 26th and Balfour of the 9th:

A RESOLUTION to notify the Governor that the General Assembly has convened; and for other purposes.

President appointed as a Committee of Notification on the part of the Senate the following Senators: Stephens of the 27th, Brown of the 26th, Seabaugh of the 28th, Unterman of the 45th, Starr of the 44th, Seay of the 34th and Rogers of the 21st.

The following resolution was read and put upon its adoption:

SR 5. By Senators Johnson of the 1st, Stephens of the 27th and Balfour of the 9th:

A RESOLUTION relative to officials, employees, and committees in the Senate; and for other purposes.

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

Y Adelman Y Balfour Y Brown

Y Hill,Jack Y Hill,Judson Y Hooks

Y Smith Y Starr Y Staton

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Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer,N Y Seabaugh Y Seay Y Shafer,D

Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles
Williams Y Zamarripa

On the adoption of the resolution, the yeas were 55, nays 0, and the resolution was adopted.

Senator Johnson of the 1st introduced United States Congressman, District 8, Lynn Westmoreland. Congressman Westmoreland addressed the Senate briefly.

The President introduced Georgia's Junior United States Senator, Johnny Isakson. Senator Isakson addressed the Senate briefly.

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

Mr. President:

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

HR 10.

By Representative Keen of the 179th:

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

Senator Stephens of the 27th moved that the Senate adjourn until 10:00 a.m. Tuesday, January 11, 2005.

The motion prevailed, and the President announced the Senate adjourned at 12:02 p.m.

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Senate Chamber, Atlanta, Georgia Tuesday, January 11, 2005 Second Legislative Day

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

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

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

The Journal was confirmed.

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

Mr. President:

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

SR 4.

By Senators Johnson of the 1st, Stephens of the 27th, Brown of the 26th and Balfour of the 9th:

To notify the Governor that the General Assembly has convened; and for other purposes.

The President Pro Tempore announced the appointment of the following Standing Committees for the 2005-2006 Term:

AGRICULTURE AND CONSUMER AFFAIRS

Chairman - Bulloch, 11th Vice-Chairman - Hudgens, 47th
Secretary - Kemp, 46th

Goggans, 7th Henson, 41st Pearson, 51st

Powell, 23rd Walker, 22nd

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APPROPRIATIONS Chairman - Hill, Jack, 4th Vice-Chairman - Williams, 19th Secretary - Johnson, 1st

Balfour, 9th Bulloch, 11th Cagle, 49th Fort, 39th Grant, 25th Hamrick, 30th Harp, 29th Hooks, 14th Kemp, 46th Meyer von Bremen, 12th Moody, 56th Mullis, 53rd

Pearson, 51st Seabaugh, 28th Seay, 34th Smith, 52nd Starr, 44th Stephens, 27th - Ex-Officio Tate, 38th Thomas, D., 54th Thomas, R., 2nd Thompson, S., 33rd Tolleson, 20th Unterman, 45th

BANKING AND FINANCIAL INSTITUTIONS Chairman - Hamrick, 30th
Vice-Chairman - Stephens, 27th Secretary - Hudgens, 47th

Bulloch, 11th Cagle, 49th - Ex-Officio Harbison, 15th Miles, 43rd Schaefer, 50th

Shafer, 48th Starr, 44th - Ex-Officio Thompson, S., 33rd Williams, 19th -Ex-Officio

ECONOMIC DEVELOPMENT Chairman - Mullis, 53rd
Vice-Chairman - Rogers, 21st Secretary - Zamarripa, 36th

Brown, 26th Carter, 13th Chance, 16th Hooks, 14th

Schaefer, 50th Stephens, 27th Thompson, C., 5th Whitehead, 24th

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EDUCATION AND YOUTH Chairman - Moody, 56th
Vice-Chairman - Carter, 13th Secretary - Thomas, D., 54th

Balfour, 9th Douglas, 17th Fort, 39th Hill, Jack, 4th - Ex-Officio

Starr, 44th Thomas, R., 2nd Weber, 40th

ETHICS Chairman - Unterman, 45th Vice-Chairman - Smith, 52nd
Secretary - Starr, 44th

Balfour, 9th Brown, 26th Hill, Jack, 4th Johnson, 1st Meyer von Bremen, 12th

Moody, 56th Reed, 35th Schaefer, 50th Thomas, D., 54th

FINANCE Chairman - Cagle, 49th Vice-Chairman - Williams, 19th Secretary - Chance, 16th

Goggans, 7th Heath, 31st Johnson, 1st Jones, 10th .

Rogers, 21st Starr, 44th Thompson, S., 33rd

HEALTH AND HUMAN SERVICES Chairman - Thomas, D., 54th
Vice-Chairman - Unterman, 45th Secretary - Goggans, 7th

Adelman, 42nd Balfour, 9th Butler, 55th Grant, 25th

Henson, 41st Hill, Judson, 32nd Smith, 52nd Tate, 38th

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HIGHER EDUCATION Chairman - Harp, 29th
Vice-Chairman - Kemp, 46th Secretary - Staton, 18th

Chance, 16th Golden, 8th Reed, 35th

Thompson, C., 5th Wiles, 37th

INSURANCE AND LABOR Chairman - Hudgens, 47th
Vice-Chairman - Shafer, 48th Secretary - Moody, 56th

Balfour, 9th - Ex-Officio Brown, 26th Chapman, 3rd Golden, 8th Harbison, 15th

Harp, 29th - Ex-Officio Rogers, 21st Stephens, 27th Zamarripa, 36th

INTERSTATE COOPERATION Chairman - Harbison, 15th
Vice-Chairman - Golden, 8th Secretary - Jones, 10th

Powell, 23rd

Walker, 22nd

JUDICIARY Chairman - Smith, 52nd Vice-Chairman - Harp, 29th Secretary - Hill, Judson, 32nd

Adelman, 42nd Brown, 26th Carter, 13th Hamrick, 30th

Meyer von Bremen, 12th Reed, 35th Weber, 40th Wiles, 37th

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NATURAL RESOURCES AND THE ENVIRONMENT Chairman - Tolleson, 20th
Vice-Chairman - Bulloch, 11th Secretary - Hudgens, 47th

Cagle, 49th Chapman, 3rd Henson, 41st Hill, Jack, 4th Hooks, 14th

Johnson, 1st - Ex-Officio Meyer von Bremen, 12th Starr, 44th Weber, 40th Whitehead, 24th

PUBLIC SAFETY AND HOMELAND SECURITY Chairman - Kemp, 46th
Vice-Chairman - Mullis, 53rd Secretary - Chapman, 3rd

Butler, 55th Carter, 13th Miles, 43rd

Seay, 34th Tolleson, 20th

REAPPORTIONMENT AND REDISTRICTING Chairman - Rogers, 21st
Vice-Chairman - Smith, 52nd Secretary - Seabaugh, 28th

Brown, 26th Chance, 16th Fort, 39th Harbison, 15th Hudgens, 47th

Moody, 56th Shafer, 48th Stephens, 27th Thomas, R., 2nd Williams, 19th

REGULATED INDUSTRIES & UTILITIES Chairman - Seabaugh, 28th
Vice-Chairman - Johnson, 1st Secretary - Shafer, 48th

Butler, 55th Harbison, 15th Hill, Jack, 4th Hill, Judson, 32nd

Pearson, 51st Stoner, 6th Thomas, R., 2nd Williams, 19th

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RETIREMENT Chairman - Heath, 31st Vice-Chairman - Smith, 52nd Secretary - Schaefer, 50th

Fort, 39th Hill, Judson, 32nd Hudgens, 47th - Ex-Officio

Stoner, 6th Tate, 38th

RULES Chairman - Balfour, 9th Vice-Chairman - Hamrick, 30th, Secretary - Seabaugh, 28th

Adelman, 42nd Butler, 55th Hill, Jack, 4th Hooks, 14th Johnson, 1st

Moody, 56th Stephens, 27th Thomas, D., 54th Unterman, 45th

SCIENCE AND TECHNOLOGY Chairman - Shafer, 48th
Vice-Chairman - Cagle, 49th Secretary - Heath, 31st

Douglas, 17th Golden, 8th Powell, 23rd

Staton, 18th Zamarripa, 36th

SPECIAL JUDICIARY Chairman - Meyer von Bremen, 12th
Vice-Chairman - Adelman, 42nd Secretary - Henson, 41st

Fort, 39th Miles, 43rd

Schaefer, 50th Stoner, 6th

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STATE AND LOCAL GOVERNMENTAL OPERATIONS Chairman - Wiles, 37th
Vice-Chairman - Mullis, 53rd Secretary - Weber, 40th

Grant, 25th Jones, 10th Reed, 35th

Tate, 38th Unterman, 44th - Ex-Officio Whitehead, 24th

STATE INSTITUTIONS AND PROPERTY Chairman - Thomas, R., 2nd Vice-Chairman - Grant, 25th Secretary - Seay, 34th

Miles, 43rd Powell, 23rd Stoner, 6th

Thompson, C., 5th Walker, 22nd Wiles, 37th

TRANSPORTATION Chairman - Williams, 19th Vice-Chairman - Whitehead, 24th Secretary - Pearson, 51st

Chapman, 3rd Douglas, 17th Goggans, 7th Heath, 31st Reed, 35th

Seabaugh, 28th Seay, 34th Staton, 18th Thompson, S., 33rd Zamarripa, 36th

VETERANS AND MILITARY AFFAIRS Chairman - Douglas, 17th
Vice-Chairman - Tolleson, 20th Secretary - Staton, 18th

Brown, 26th Chance, 16th Harbison, 15th - Ex-Officio Harp, 29th

Jones, 10th Thompson, C., 5th Walker, 22nd

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The following Senate legislation was introduced, read the first time and referred to committee:
SB 1. By Senators Smith of the 52nd, Moody of the 56th, Stephens of the 27th, Hamrick of the 30th, Hill of the 32nd and others:
A BILL to be entitled an Act to amend Article I of Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to the Department of Early Care and Learning, so as to state legislative findings; to provide that the department shall develop and implement a plan for effective parent and teacher practices for early learning by children and a variety of voluntary parent education services; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.
SB 2. By Senators Hamrick of the 30th, Johnson of the 1st, Stephens of the 27th, Seabaugh of the 28th, Smith of the 52nd and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 15 of the O.C.G.A., relating to trial juries, so as 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 O.C.G.A., 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 repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 3. By Senators Smith of the 52nd, Johnson of the 1st, Seabaugh of the 28th, Stephens of the 27th, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Titles 9, 24, and 51 of the O.C.G.A., relating respectively to civil practice; evidence; and torts, so as to provide for substantive and comprehensive revision of provisions regarding civil practice, evidentiary matters, and liability in tort actions in general and actions related to health care in particular; to provide for legislative findings; to change provisions relating to venue in actions with joint defendants; to change provisions relating to affidavits accompanying charges of professional

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malpractice; to provide for defendants access to plaintiffs health information in medical malpractice cases; to provide for offers for judgment and the effect thereof; to provide that certain statements of apology or fault by health care providers shall not be admitted as evidence in civil actions; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 4. By Senators Seabaugh of the 28th, Williams of the 19th, Stephens of the 27th, Hamrick of the 30th, Hill of the 32nd and others:
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.
Referred to the Transportation Committee.
SB 5. By Senators Moody of the 56th, Johnson of the 1st, Stephens of the 27th, Balfour of the 9th, Seabaugh of the 28th and others:
A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the comprehensive regulation of public-private infrastructure projects; to provide for a short title; to provide for definitions; to provide for legislative intent; to provide for contracting authority; to provide for procedures, conditions, and limitations with respect to approval of qualifying projects and selection of proposals; to provide for powers, duties, and responsibilities of project operators; to provide for default; to provide for remedies; to provide for property dedication; to provide for eminent domain; to provide for exercise of police powers; to provide for funding; to provide for exemptions from regulation; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development Committee.
SB 7. By Senators Moody of the 56th, Hill of the 32nd, Shafer of the 48th and Johnson of the 1st:
A BILL to be entitled an Act to incorporate the City of Sandy Springs in Fulton County; to provide for a charter for the City of Sandy Springs; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such

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city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, districts, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

SB 8. By Senators Moody of the 56th and Hill of the 32nd:

A BILL to be entitled an Act to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to change the time in which certain minimum distance requirements apply; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations (General) Committee.

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

Adelman Balfour Brown Bulloch Butler Cagle Carter Chance Chapman Douglas Fort Goggans Golden Grant Hamrick Harbison Heath Henson

Hill,Jack Hill,Judson Hooks Hudgens Johnson Jones Kemp Me V Bremen Miles Moody Mullis Pearson Powell Reed Rogers Schaefer,N Seabaugh Seay

Shafer,D Smith Staton Stephens Stoner Tate Thomas,D Thomas,R Thompson,C Thompson,S Tolleson Unterman Walker Weber Whitehead Wiles Williams Zamarripa

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Not answering were Senators:

Harp

Starr

The members pledged allegiance to the flag.

Senator Starr of the 44th introduced the chaplain of the day, Reverend Milton Wood of Forrest Park, Georgia, who offered scripture reading and prayer.

Senator Staton of the 18th introduced the doctor of the day, Dr. Michael Greene.

The following resolution was read and put upon its adoption:

SR 13. By Senators Johnson of the 1st, Stephens of the 27th, Brown of the 26th and Balfour of the 9th:

A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer,N Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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On the adoption of the resolution, the yeas were 56, nays 0, and the resolution was adopted.
President appointed as a Committee of Escort on the part of the Senate the following Senators: Brown of the 26th, Stephens of the 27th, Seabaugh of the 28th, Reed of the 35th, Shafer of the 48th,Cagle of the 49th and Unterman of the 45th.
The following resolutions were read and adopted:
SR 6. By Senators Seabaugh of the 28th and Harp of the 29th:
A RESOLUTION commending police chiefs and other heads of law enforcement agencies in this state and observing a day of recognition; and for other purposes.
SR 7. By Senator Hill of the 4th:
A RESOLUTION recognizing and commending Herb Jones for his many years of outstanding public service; and for other purposes.
SR 8. By Senator Hill of the 4th:
A RESOLUTION recognizing and honoring Donnie Simmons for his many years of outstanding public service; and for other purposes.
SR 9. By Senators Kemp of the 46th and Hudgens of the 47th:
A RESOLUTION congratulating John William "Johnny" Pritchett on his election as Mayor of the Town of Bishop and commending him for his many years of excellent service; and for other purposes.
SR 10. By Senators Mullis of the 53rd, Smith of the 52nd, Goggans of the 7th, Schaefer of the 50th, Cagle of the 49th and others:
A RESOLUTION proclaiming January 11, 2005, as "Sportmen's Day at the Capitol"; and for other purposes.
SR 11. By Senators Moody of the 56th and Shafer of the 48th:
A RESOLUTION commending Joshua Wesley Dahl on becoming an Eagle Scout; and for other purposes.

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SR 12. By Senators Kemp of the 46th and Hudgens of the 47th:

A RESOLUTION commending William E. "Bubber" Wilkes for his exemplary public service; and for other purposes.

SR 14. By Senators Smith of the 52nd, Hill of the 32nd, Mullis of the 53rd, Hudgens of the 47th, Tolleson of the 20th and others:

A RESOLUTION expressing the sympathy for the victims of the powerful earthquake and devastating tsunami that struck Bangladesh, Burma, India, Indonesia, Kenya, Malaysia, the Maldives, the Seychelles, Somalia, Sri Lanka, Tanzania, Thailand, and other areas of Southeast Asia, South Asia, and Africa on December 26, 2004; and for other purposes.

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

Mr. President:

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

SR 13.

By Senators Johnson of the 1st, Stephens of the 27th, Brown of the 26th and Balfour of the 9th:

A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.

The Speaker has appointed as a Committee of Escort on the part of the House the following members:

Representatives Golick of the 34th, Hatfield of the 177th, O`Neal of the 146th, Roberts of the 154th, Royal of the 171st, Sheldon of the 105th, and Talton of the 145th.

Senator Stephens of the 27th moved that the Senate adjourn until 10:00 a.m. Tuesday, January 11, 2005.

The motion prevailed, and the President announced the Senate adjourned at 10:44 a.m.

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Senate Chamber, Atlanta, Georgia Wednesday, January 12, 2005 Third Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Thomas of the 54th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following Senate legislation was introduced, read the first time and referred to committee:
SB 10. By Senators Meyer von Bremen of the 12th, Tate of the 38th, Brown of the 26th, Golden of the 8th, Stoner of the 6th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 and Titles 42 and 45 of the Official Code of Georgia Annotated, relating, respectively, to ethics in government; penal institutions; and public officers, so as to provide for the comprehensive revision of provisions regarding ethics and conflicts of interest; to provide for a short title; to provide for and change certain definitions; to provide for the timely issuance of advisory opinions by the State Ethics Commission and other matters relative to advisory opinions; to create certain restrictions on receipt or award of state contracts; to change provisions relating to acceptance of contributions during legislative sessions; to change certain provisions relating to filing of financial disclosure statements; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Ethics Committee.
SB 22. By Senators Seabaugh of the 28th, Smith of the 52nd, Hill of the 32nd and Williams of the 19th:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to medical malpractice insurance rate filings; to change certain provisions relating to rate increases for medical malpractice insurance; to provide for approval or rejection of such rate increases; to provide for certain hearings in connection

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with such rate increase approvals; to provide for certain notices and reports; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes
Referred to the Insurance and Labor Committee.
SB 25. By Senators Seabaugh of the 28th, Harp of the 29th, Schaefer of the 50th, Hill of the 32nd, Pearson of the 51st and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to require certain divorcing parents to participate in education classes that focus on the effect of divorce and separation on children; to provide for legislative findings; to provide for the types of persons who can provide the education; to provide for exceptions to the education classes; to change the time limit for granting a divorce on the grounds that the marriage is irretrievably broken; to provide for different time frames for granting divorce based on certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 26. By Senators Cagle of the 49th, Bulloch of the 11th, Stephens of the 27th and Pearson of the 51st:
A BILL to be entitled an Act to amend Code Section 41-1-7 of the Official Code of Georgia Annotated, relating to treatment of agricultural facilities and operations and forest land as nuisances, so as to provide for legislative declarations; to define a term; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.
SB 27. By Senator Henson of the 41st:
A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for registration of private military vehicles; to provide that the commissioner of motor vehicle safety shall implement rules and regulations relating to the registration of private military vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

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SB 28. By Senator Henson of the 41st:

A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to change certain definitions relating to commercial drivers licenses; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Public Safety and Homeland Security Committee.

SB 29. By Senators Cagle of the 49th, Hudgens of the 47th and Thomas of the 54th:

A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to require physicians to provide certain information to patients prior to initiating prostate cancer treatment; to provide requirements for a written summary of medically efficacious and viable treatment options for prostate cancer; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Health and Human Services Committee.

Senator Brown of the 26th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

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

Adelman Brown Bulloch Butler Cagle Carter Chance Chapman Douglas Fort Goggans Golden Grant Harbison Harp Heath Henson

Hill,Judson Hooks Hudgens Johnson Jones Kemp Me V Bremen Miles Moody Mullis Pearson Powell Rogers Seabaugh Seay Smith

Starr Staton Stephens Stoner Tate Thomas,D Thomas,R Thompson,C Tolleson Unterman Walker Weber Whitehead Wiles Williams Zamarripa

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Not answering were Senators:

Balfour Reed Thompson, S (Excused)

Hamrick Schaefer, N

Hill, Jack Shafer, D

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

Senators:

Reed

Schaefer

Shafer

The members pledged allegiance to the flag.

Senator Stephens of the 27th introduced the chaplain of the day, Dr. Richard Lee of Cumming, Georgia, who offered scripture reading and prayer.

Senator Staton of the 18th introduced the doctor of the day, Dr. Dan Callahan.

The following resolutions were read and adopted:

SR 15. By Senators Shafer of the 48th and Whitehead, Sr. of the 24th:

A RESOLUTION commending Honorable Randy Hall; and for other purposes.

SR 16. By Senator Shafer of the 48th:

A RESOLUTION celebrating the birth of Michael Reagan Schoenberg and Jonathan Spencer Schoenberg; and for other purposes.

SR 17. By Senator Shafer of the 48th:

A RESOLUTION celebrating the birth of Evan Walker Graham; and for other purposes.

SR 18. By Senators Seay of the 34th and Chance of the 16th:

A RESOLUTION honoring and congratulating Flat Rock AME Church; and for other purposes.

SR 20. By Senator Miles of the 43rd:

A RESOLUTION recognizing and commending Dr. Sadie Turner McCalep; and for other purposes.

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SR 19. By Senators Johnson of the 1st, Stephens of the 27th, Brown of the 26th and Balfour of the 9th:

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 Wednesday, January 12, 2005, and shall reconvene on Monday, January 24, 2005.

BE IT FURTHER RESOLVED that for the duration of the remainder of the 2005 session of the General Assembly until its adjournment sine die, unless otherwise provided by resolution of the General Assembly, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and shall reconvene on the Monday next following.

BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.

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

Mr. President:

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

SR 19.

By Senators Johnson of the 1st, Stephens of the 27th, Brown of the 26th and Balfour of the 9th:

A RESOLUTION relative to adjournment; and for other purposes.

The following communication was received by the Secretary:

Senator Steve Thompson District 33 121-F State Capitol Atlanta, GA 30334

Committees: Appropriations Banking and Financial Institutions Finance Transportation

The State Senate Atlanta, Georgia 30334

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January 12, 2005

To:

Frank Eldridge, Sec. of Senate

From: Senator Steve Thompson

RE:

Attendance

Sen. Thompson was not able to attend the Session this morning, and was excused. He did however return to the Capitol later in the day.

Senator Stephens of the 27th moved that upon the dissolution of the Joint Session the Senate stand adjourned pursuant to SR 19 until 1:00 p.m. Monday, January 24, 2005 and the President announced the motion prevailed at 10:39 a.m.

The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing a message by His Excellency, Governor Sonny Perdue, was called to order by the Speaker of the House. SR 13, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.

His Excellency, Governor Sonny Perdue, addressed the Joint Session of the Senate and the House of Representatives as follows:

Mr. President, Mr. Speaker, President Pro Tem Johnson, Speaker Pro Tem Burkhalter and members of the General Assembly...

My fellow constitutional officers...Justices of the Supreme Court and Judges of the Court of Appeals...members of the Consular Corps ...

Other distinguished guests and my fellow Georgians -- as I come before you to once again report on the state of our State, I see many new faces here tonight.

I welcome you all. You've arrived in a season of new hope and you bring with you a fresh wind of change. I look forward to working side by side with each of you to build the New Georgia.

I first spoke of the New Georgia during my campaign for the office I now hold. I described it as a fresh approach to governing our state.

What does it really mean?

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Having a government that is principle-centered -- that means being good stewards.
People-focused -- that means doing what makes a difference in people's every day lives.
And customer-driven -- that means realizing Georgians are not only our constituents, they are our customers.
We've weathered some storms on this journey. As we pulled up anchor two years ago, the storms were on the horizon and the thunder and lightning loomed over us.
Perhaps our biggest challenge was dealing with the effects of a national recession. The downturn brought two years in a row of declining state revenues while the demand for state services in health care, education and other areas was greater than ever.
In the business world, lower profits reflect less demand for your product. But in government the opposite is true -- demand for our services increases in hard times.
But Georgians pulled together, and Georgia pulled through. We worked closely together to balance the budget while meeting the real human needs of our citizens. It wasn't easy. It required some tough decisions. As you'll remember, I told you we had to choose between the good and the also good.
But we got the job done by setting priorities and aligning our spending with our core values as a state.
Today I'm happy to report, the skies are clearing. When I ran for this office, I told you the forecast was sunny. I just didn't tell you when. We're finally moving into economic recovery, adding more than 39,000 jobs in the last twelve months.
And with fresh economic growth, our state tax revenues have improved too. We're now able to add about $40 million to our revenue estimate for this year. And we're projecting growth of just over 6% for next year.
That's good news for Georgia. We're in better shape as a state. That means we'll be able to take care of some of those "also good" programs we talked about.
And now, having passed through the storm, it is time to take our bearings and chart our course anew.
Tonight, I want to share with you what I believe that course should be. I want to issue a call to Georgians -- a challenge, really -- not to be satisfied with "good." I believe Georgia should aspire to nothing less than greatness. And I believe greatness is within our grasp.

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But the path to reaching it may surprise you. It is not a path of growing government. It is not a path of more programs, more spending and more rules and regulations. No, our greatness does not come from our government.
It comes from nearly 9 million people who call Georgia home. Between us, we have the enterprise, the character and the capacity to achieve just about anything.
We can nurture our children and give them an outstanding education that will help them achieve their dreams.
We can perform great works of compassion to help those in need and strengthen our families which leads to better communities and thus a great state.
I believe we can build a state of opportunity that excels at innovation. Where businesses thrive, good jobs are plentiful, and hard work is rewarded.
A state that values our families, honors our faith and cherishes our freedoms.
These are goals worthy of Georgia. And, yes, government has a role in helping us reach our goals -- but as a partner, a co-laborer, not as a boss.
The starring role belongs to We The People -- the citizens of Georgia who are the true strength of our state.
So just how do we go about pursuing greatness as a state? I believe the first step is to fundamentally change how we think about government's role in our lives.
You see, I believe most people want just a few basic things from government.
They want safe neighborhoods, good schools, good roads and the opportunity for good jobs to support their families. They want a safety net in place for the hard times.
Beyond that, they just want government to leave them alone.
We don't want a busybody government -- a boss -- that butts into our lives every chance it gets to tell us how to work, how to play, where to live and on and on.
And we don't want to perpetuate an entitlement mentality that causes people to expect more and more from the government and less and less of themselves.
I think our government motto should be like that of a great Georgia company, The Home Depot -- "You can do it, we can help."

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So, if we want great things to happen...if we want that safe, healthy, educated and growing Georgia we dream of, we should make two simple requests of our state government.
First, to perform its basic functions effectively -- that's doing the right things. Efficiently -- doing them well. And ethically -- doing them fairly.
After that, we should be smart enough to get out of the way and let the people do what they do best.
These principles are the foundation of the New Georgia and they are deeply embedded in the legislative and budget agenda I will share with you tonight, beginning with our top priority -- Georgia's children.
We're putting their needs first their education, their health and their future.
That's why we'll invest more than half of the state budget in education.
And because of the importance of the job they do, my budget includes a 2% pay raise for our school teachers.
We know that our teachers work hard. If we all spent more time in the classroom with them I know that you, like me, would want to pay them all like Michael Vick.
At an event last week, a little girl in the 4th grade came up to me and said she had a message from her teachers. They knew she was coming to see me and wanted her to say, from them, "Thank you for our raises." I appreciate that. But they really have it backwards Teachers, thank you for all you do.
Keeping good teachers in the classroom is one of the most important things we can do for our children's education. That's why my 2005 education package will include a Master Teacher program.
Our best teachers do more than impart facts and figures -- they inspire and encourage students and instill a true desire to learn. That's a fine art in itself. We want to recognize teachers who have mastered this skill and help them serve as Academic Coaches and role models to their peers. The Master Teacher program will help Georgia's All-Star teachers share their classroom skills.
And to give our youngest students the bright start they deserve, my budget includes funding to add almost 2000 new students to Georgia's Pre-Kindergarten program this year and 4000 new students next year.

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At the other end of the K-12 system is a proposal I'm very excited about -- the Georgia Virtual High School. Let me tell you how this idea came about.
At one of a series of education listening sessions I held, I met a high school student from Clinch County named Cliff Tippens. He said he was a good student and he wanted to take the most challenging classes to prepare for college. But because of where he lived, he did not have access to many AP or advanced math or science courses. And he was not the only one in that situation.
Now this just didn't make sense to me. In the 21st Century, mere geography shouldn't prevent our brightest students from doing their very best work.
Well, we're going to fix that. The Georgia Virtual High School will give students everywhere in Georgia access to over 60 online courses that will be ready to go by this summer, including over 15 AP courses and SAT prep.
This year, Cliff is a freshman at the University of Georgia, and state president of the Georgia FFA. Ladies and gentlemen, Cliff is one of the reasons I value Ag education and why we're fully funding it.
Cliff is here with us tonight in the gallery, along with his mother, Beverly, a teacher at Burke County High School. I want to recognize them both and thank Cliff for speaking up and making a difference.
Soon our students will get another powerful tool to help them with the entire process of getting ready for college. It's called GACollege411.
This website will provide students, parents and counselors the tools they need to stay on track for college. Using GACollege411, students will be able to research Georgia colleges and careers, prepare for the SAT, apply for admission, submit transcripts and apply for financial aid all online.
These are some of the highlights of my education package. But I want to speak for a moment about some of the other needs of children. As I have said here before, Mary and I believe that we all have a moral obligation to protect and to nurture Georgia's children.
We must do all in our power to shield children from abuse and neglect. And that applies especially to children in state custody, who rely on us to be their champions and defenders. Ladies and gentlemen, I am proud to tell you that Georgia's children have no better champion than my lifelong partner and the love of my life, Mary Perdue.
She has worked long and hard to organize the First Lady's Our Children Campaign,

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encouraging Georgians to address the needs of abused and neglected children within their communities. She has led two statewide Summits on our Children to raise public awareness of children's issues. And she is leading a Children's Cabinet to better coordinate state and private efforts to stem abuse and neglect, promote foster care and adoption, and serve other needs of children.
Mary, I want you to know how proud I am of you. You are making a difference in the lives of Georgia's children.
And it is her heart and her hard work that have inspired me to put our money where our mouth is. We're going to begin hiring and training 500 new child protective service workers to reduce the caseload in DFACS. A reduced caseload will enable our workers to better serve Georgia families and better protect Georgia's children.
We want every child to have an opportunity to grow up safe, healthy and well-educated. And when they enter the workforce, we want them to find good, high-paying jobs with a future right here in Georgia.
That's why my administration has devoted our time and effort to growing jobs for Georgia families. Our state continues to attract world class companies, both homegrown and from elsewhere. And we're proud to have them here.
We're pursuing a long-term strategy to encourage entrepreneurship and small business growth, support existing industries, and invest in the high-paying strategic industries of the future.
As a Middle Georgia business owner, I know that small business contributes most of the job growth in rural Georgia. Small business entrepreneurs create opportunity in every part of the state.
That's why I will introduce the Entrepreneur and Small Business Growth Initiative, essentially putting booster rockets on small business growth in Georgia by providing a tax exemption for Georgia small businesses.
Additionally, we're going to reduce the unintended consequences of state regulations on small business. Survival is tough enough without the government coming along to poke a stick in your eye with costly, poorly considered -- and can I say dumb -- regulations.
We'll also launch a Tourism Growth Initiative to boost one of Georgia's biggest industries. Georgia has a great story to tell. It's the Soul of the South with hometowns, heritage and hospitality that draw visitors from around the world.

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Simply put, we're going to do a better job of telling our story so we can share Georgia's hospitality with the world.
The third component of my job growth package is the Strategic Industries and Innovation Initiative. You all know that growing jobs for Georgians has been one of my top priorities. That's why we're going to give a $500 per job tax credit for companies already in Georgia who are growing jobs.
While making Georgia that state of opportunity I mentioned earlier, we will not forget those for whom the American Dream is temporarily out of reach. Georgians are a compassionate people who will take care of our neighbors when they can't take care of themselves.
That safety net is important, but we want to make it more like a trampoline that will catch those who fall and then launch them back to new heights.
One way we can do that is by empowering the families and the churches and the community organizations who are closest to those in need. That is why I will again ask the General Assembly to pass my Faith and Family Services Amendment.
Faith-based service organizations deserve the same opportunity to serve citizens that everyone else has.
I'll give you a great example. Last week I visited the Albany Outreach Center, which was established by six churches to assist those in need. Over the past 16 years, this group has helped over 40,000 individuals with food and financial assistance through its Emergency Aid Office. And their Alzheimer's daycare center has assisted hundreds of families by giving home care givers of loved ones with Alzheimer's some free time from their responsibilities.
Folks, let's fix the part of our constitution that outlaws support for the kind of work these good people do.
And just as we should have choices in providing social services, we should give Georgians more options and more control over their own health care and retirement.
The principles of consumer choice and personal responsibility are critical to building a healthier Georgia. And at some point, we will all face the responsibilities of caring for aging parents and planning for our own retirement. So, through our Healthy Choices Initiative, we'll conduct an outreach and education campaign to help Georgians improve their diet, exercise and lifestyle.
We will also launch a "get ready for retirement" awareness campaign so families can plan

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ahead for the future medical needs of aging parents. And we'll help family caregivers support their aging parents at home.
We all want more control over our own health care. One powerful way to get it is by opening a Health Savings Account. These accounts allow tax-free savings that can be used to pay for annual health care needs. That gives Georgians greater incentive to demand good value when they purchase health care services. When you're spending your own money, you're in charge.
We will add a Health Savings Account option to the State Health Benefit Plan, so that more Georgians can start planning, saving for and controlling their own health care.
Those are some of my budget and legislative highlights for education, children, jobs, and personal responsibility.
But as we ask Georgians to take more responsibility for their own lives in the New Georgia, we're also demanding that state government do its work more effectively and more efficiently.
That is why I created the Commission for a New Georgia a group of accomplished men and women from outside government who have volunteered countless hours to find better, simpler, more efficient ways of doing the people's business.
Bob Hatcher and Joe Rogers are the co-chairs of the Commission. I want to thank them, and all the members of the Commission, for their service. We're now starting to put their good ideas into action.
Some examples --
Did ya'll know we're having an online garage sale? We are now selling surplus state property at online auctions on eBay so we can find more buyers and get the best price. In the first week of the eBay auction, we had 55 bids for a beat-up 40-year-old fire truck and sold it for nearly $5,000 to a buyer in Percy, California.
There will soon be many more surplus vehicles ready for sale. Two years ago, we didn't even know how many cars the state owned. Today, we're getting an accurate count. We're also tightening our vehicle use policy...and we plan to sell off at least 2000 excess vehicles by June 30.
We're applying the same principles to the state's real property, both owned and leased. Would you buy stock in a company that didn't know what property it owned? I wouldn't and I wouldn't expect you to either.

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So I've appointed Georgia's first State Property Officer to catalog all the land and buildings the state owns, sell what we don't need, and manage the rest more cost effectively. Like many of you do in your own businesses, we'll consolidate leases and we'll put the money we save back to work for the people.
I appreciate the work of our Commission for a New Georgia members in developing these recommendations. I'm just as proud of how their ideas are being implemented throughout state government.
My philosophy of leadership is to surround myself with good people who have ability, judgment and knowledge, but above all, a passion for service.
My Director of Implementation, Lonice Barrett, is a classic example of this model. So are the members of his implementation team and our state agency heads who have embraced the New Georgia. These folks are not afraid of change. If there is a better way to do things, not only do they want to know about it -- they want to get it done yesterday. I'd like to thank all of these leaders here tonight for their outstanding service to the people of Georgia.
We share a commitment to bringing the highest level of customer service to every interaction that Georgians have with their government.
And when we don't get it right, we'll stay at it. Getting or renewing a driver's license is probably the one thing government does that both touches and aggravates just about everyone. If we didn't have a monopoly on this business we'd be out of business.
So we're going to stop acting like a monopoly and start serving customers. We're going to start by hiring more license examiners and making the DMVS an agency with a single laser-like focus -- getting Georgia drivers their licenses quickly, efficiently, and courteously.
Changing the culture of state government is not an overnight process. It requires a constant commitment and a willingness to keep at it until you get it right. We've come a long way in two years, but we've still got a long way to go.
Some may feel tempted to turn back. Back to the old ways of growing government and reaching ever deeper into the taxpayers' pockets.
But I'm here to tell you tonight, we're not going back. The story is told that long ago, a brave band of explorers crossed the sea to reach the shores of a distant land. They intended to explore this land, and settle it and create new lives here. But they knew there would be many difficult challenges ahead, much hard work, and much uncertainty.

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One of the men looked back at the ships they had just left, and then another, and then another. They exchanged sheepish glances and they knew they were all thinking the same thing.
Those ships could take them back. Back to their old, familiar way of life. If building a new life got to be too hard, they could give it all up and go back. But without total commitment, their venture would fail.
They knew then what they had to do. They burned the ships.
Now their only option was to succeed. That's where we are in the New Georgia. We stand on the shore of a great undertaking. And Members of the General Assembly, what I'm asking you to do tonight is join with me and burn the ships!
There is no going back to the old way of doing business. We must go forward -- and, for Georgia's sake, we must succeed.
I view the General Assembly as a strong and essential partner in changing Georgia's relationship with government.
As we go forward, I'll rely on you to pass legislation that makes our state government a more constructive partner for the citizens of Georgia, and less of an obstacle to our dreams.
Which reminds me. There is one more bill I want to mention. I have introduced a version in each of the last two years, only to see it stall. But this year, I fully expect a strong ethics bill to reach my desk by the end of the session. The people of Georgia want it and I think it's time we got it done.
Our intention with ethics legislation is not to play "gotcha!" but simply to set forth the expected standards for all in state government to follow so that we can make Georgians proud.
Another way we can make Georgians proud is to get our business done in a timely manner. I am encouraged that Speaker Richardson and President Pro Tem Johnson have agreed that it should not take 40 days to get the jobs done.
In contrast to the last few years, why don't we try to set a record for the shortest session?
Georgians have always preferred a citizen legislature where men and women take a few weeks from their regular jobs to come and represent their neighbors under the Gold Dome before returning to their communities and their families.

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But over the years, an almost permanent Legislature has emerged. It has kept you, our elected representatives, away from your lives and your families for too long each year.
You don't get an opportunity to get an earful of advice from your grocer in Tifton or your barber in Bonaire. And my barber has to talk fast.
And that's a shame. Because I know everyone in this room would agree that we govern better when we spend more time with our neighbors and less time with the crowd that hangs around the Capitol.
To get at their real concerns, there is simply no substitute for talking one-on-one with the people who sent you here.
In the past two years, I've met hundreds of people in my monthly Saturdays with Sonny meetings. I get some of my best ideas from teachers, parents, business owners, farmers...people from all walks of life. Some have suggestions, some have complaints, some just want to say hello.
Among others, I met a foster parent who was having trouble adopting a child.
I can tell you tonight, because we are listening, there is one more foster child in a loving home who for the first time in her life has a permanent family.
My goal is for real customer service to permeate state government. For example, not too long ago Air Force reservist and Atlanta firefighter James Gilbert called a member of my customer service team with a problem. While he was serving on active duty in Iraq he missed a deadline to re-qualify his CPR certification -- by one day. Because of this, he was unable to perform his firefighting duties once he was back stateside.
Now, we have rules and deadlines for a reason. But deadlines are not more important than the people they are meant to protect. We must learn to use common sense as the final arbiter in dealing with the people of our state. My staff was able apply some common sense and find a way to get this firefighter back on the street doing what he loves and is called to do...helping people and saving lives.
James is here as my guest tonight. I want to thank you, sir, for your service to our country and to the people of Georgia.
By the way, James Gilbert will soon be heading back into harm's way, back to Iraq. It will be his third trip there. Many of Georgia's finest and bravest citizens will accompany him.
Just this past Friday, I attended a deployment ceremony at Fort Benning for 4,000

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Georgia-based soldiers headed for Iraq and Afghanistan. These devoted servants of our nation represent the best of what America has to offer.
I was proud to stand with them and express the gratitude, the pride, and the support that Georgians feel for these men and women who are part of our Georgia family and who are giving so much to defend our freedom.
Tonight, on behalf of our troops, we are proud to have in the gallery General Dan McNeill, Commanding General, United States Army Forces Command and Specialist James Birdsong, who served in Operation Iraqi Freedom, as a Military Policeman and Dog Handler.
Please join me in thanking General McNeill, Specialist Birdsong and all of our troops who are defending our freedom here and overseas.
I promised those soldiers at Fort Benning that we would take care of their families while they are away and I told them that millions of Georgians would pray for their safety. Tonight I make that request of everyone listening -- please pray for our men and women in uniform as they protect us.
And let us also remember in our prayers and in our hearts the victims of the tsunami in Asia. The world has rarely seen such massive devastation and loss of life in a natural disaster. I'm proud of the way Georgians have responded to this tragedy by donating to relief efforts.
Georgians are a compassionate and loving people, always ready to help others in need, from our nearest neighbors to strangers on the other side of the globe.
We give freely of our time and our talents and our treasure. That generosity is truly one of our state's greatest assets.
Ladies and gentlemen, I sense a yearning to make this good state great. We Georgians are not content to stand on the achievements of the past, but eager to create a better future for our children, and our children's children.
We want a state wise in its contemplation...just in its actions...and moderate in the reach of government into our lives.
You see, greatness for a state doesn't require some huge monument for all to see. It is not a journey to a particular destination...but a commitment to follow a course of constant and never-ending improvement.

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So long as we listen to the people and act with the Wisdom, Justice and Moderation that are the watchwords of our state, our course will be true.
And so long as we have faith in what we can accomplish together -- that course will lead our state to greatness.
Good night, God bless America...and God bless Georgia.
Senator Stephens of the 27th moved that the Joint Session be hereby dissolved.
The motion prevailed, and the Speaker of the House announced the Joint Session dissolved.
Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 1:00 p.m. Monday, January 24, 2005.

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Senate Chamber, Atlanta, Georgia Monday, January 24, 2005 Fourth Legislative Day
The Senate met pursuant to adjournment at 1:00 p.m. today and was called to order by the President.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

The following Senate legislation was introduced, read the first time and referred to committee:
SB 6. By Senators Stoner of the 6th, Rogers of the 21st, Hill of the 32nd, Thompson of the 33rd, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to authorize the exchange of national criminal history background checks on providers of care to children, the elderly, and persons with disabilities, including, but not limited to, volunteers with youth sports organizations and other youth activities; to define terms; to provide for conformity with federal law; to provide for rules and regulations; to provide for fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.

SB 13. By Senators Rogers of the 21st, Seabaugh of the 28th, Mullis of the 53rd and Hill of the 32nd:
A BILL to be entitled an Act to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to provide a short title; to provide for definitions; to provide that the terms of gift certificates, store gift cards, and general use prepaid cards shall be disclosed at the time of purchase and through certain notifications; to provide for related matters; to provide an effective date; to

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repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.
SB 19. By Senators Johnson of the 1st, Balfour of the 9th, Wiles of the 37th, Hill of the 32nd, Williams of the 19th and others:
A BILL to be entitled an Act to amend Code Section 9-11-23 of the Official Code of Georgia Annotated, relating to class actions, so as to provide for procedures, conditions, and limitations on certification of class actions; to provide for appellate procedures relating to class actions certification; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 20. By Senators Butler of the 55th, Henson of the 41st, Seay of the 34th, Fort of the 39th, Tate of the 38th 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 that certain statutory privileges shall not be available; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 21. By Senators Butler of the 55th, Henson of the 41st, Brown of the 26th, Reed of the 35th, Seay of the 34th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards to persons and property generally, so as to provide that after July 1, 2005, each new dwelling or dwelling unit shall be equipped with a carbon monoxide detector or alarm; to provide for standards; to provide for enforcement; to provide a penalty; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.

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SB 23. By Senators Butler of the 55th, Henson of the 41st, Weber of the 40th, Miles of the 43rd, Adelman of the 42nd and others:
A BILL to be entitled an Act to establish the "DeKalb County Commission on Disability"; to provide for appointment of members of the commission; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 30. By Senators Pearson of the 51st, Seabaugh of the 28th, Williams of the 19th, Cagle of the 49th, Heath of the 31st and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 22 of the Official Code of Georgia Annotated, relating to proceedings before a special master, so as to provide for inverse condemnation proceedings before a special master; to change certain provisions regarding definitions; to provide for procedures, conditions, and limitations; to provide for damages; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 31. By Senators Smith of the 52nd, Heath of the 31st and Thomas of the 54th:
A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of judges of superior court, so as to provide for a fourth judge of the superior courts of the Cherokee Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of such judge; to prescribe the compensation, salary, and expense allowance of such judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of such circuit to divide and allocate the work and duties thereof; to provide for the manner of impaneling jurors; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 32. By Senators Smith of the 52nd, Mullis of the 53rd, Tolleson of the 20th, Kemp of the 46th, Hill of the 32nd and others:
A BILL to be entitled an Act to amend Code Section 15-9-1 of the Official

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Code of Georgia Annotated, relating to election and term of judges of the probate court, so as to provide that the office of judge of probate court shall be elected on a nonpartisan basis; to amend Code Section 21-2-138 of the Official Code of Georgia Annotated, relating to nonpartisan elections for judicial offices, so as to provide for the election of judges of probate court at nonpartisan elections; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 33. By Senators Moody of the 56th, Douglas of the 17th, Balfour of the 9th, Hooks of the 14th, Bulloch of the 11th and others:
A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change certain provisions relating to determination of enrollment by institutional programs; to authorize the establishment of the Georgia Virtual School; to provide for rules and regulations; to provide for a Georgia Virtual School grant account; to provide for statutory construction; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.
SB 34. By Senators Moody of the 56th, Weber of the 40th, Johnson of the 1st, Williams of the 19th, Thomas of the 54th and others:
A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the O.C.G.A., the "Quality Basic Education Act," so as to provide for legislative findings; to provide for the establishment of the "Georgia Master Teacher Program"; to provide for the establishment of criteria for Master Teacher Certification; to provide for the establishment of rules and regulations by the Professional Standards Commission; to provide for the establishment of the "Academic Coach Program"; to provide for the establishment of rules and regulations by the State Board of Education; to provide for the employment of an academic coach by a public school in accordance with a school improvement plan; to provide for monetary and other incentives for academic coaches; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.

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SB 35. By Senators Moody of the 56th, Carter of the 13th, Stephens of the 27th, Starr of the 44th, Hill of the 4th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to provide for the revision of certain provisions regarding education flexibility; to change certain provisions relating to expenditure controls for the 2005-2006 school year; to change certain provisions regarding program weights; to change certain provisions regarding legislative intent with respect to charter schools; to change certain provisions regarding minimum requirements for charter petitions; to repeal Code Section 20-2-2063.1; to change certain provisions regarding operation, control, and management requirements for charter schools; to amend Code Section 40-5-22; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.

SB 36. By Senator Jones of the 10th:
A BILL to be entitled an Act to amend Title 9 of the O.C.G.A., relating to civil practice, so as to enact a new chapter relating to medical malpractice actions; to provide for applicability; to provide for definitions; to provide for qualifications of health care providers under the chapter; to provide for proof of financial responsibility and surcharges by health care providers; to provide for procedures for the establishment of financial responsibility; to provide for an annual surcharge on health care providers; to provide for the computation and collection of an annual surcharge; to provide for the creation of the patients compensation fund; to provide for related matters; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 37. By Senator Johnson of the 1st:
A BILL to be entitled an Act to provide for a homestead exemption from City of Richmond Hill 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 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 a referendum, effective dates, and

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automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 38. By Senator Johnson of the 1st:
A BILL to be entitled an Act to provide for 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 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.
Referred to the State and Local Governmental Operations Committee.
SB 39. By Senator Johnson of the 1st:
A BILL to be entitled an Act to provide for a homestead exemption from Bryan 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 definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 40. By Senator Johnson of the 1st:
A BILL to be entitled an Act to provide for a homestead exemption from City of Pembroke 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 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 a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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SB 41. By Senator Smith of the 52nd:
A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the green tree frog as the official state amphibian; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Rules Committee.
SB 42. By Senator Douglas of the 17th:
A BILL to be entitled an Act to amend an Act incorporating the City of Social Circle, approved August 4, 1904 (Ga. L. 1904, p. 626), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 43. By Senators Wiles of the 37th and Douglas of the 17th:
A BILL to be entitled an Act to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to establish the Georgia HERO (Helping Educate Reservist Offspring) Scholarship; to provide for definitions; to provide for scholarship grants; to provide for application procedures; to provide for rules and regulations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.
SR 21. By Senators Kemp of the 46th, Grant of the 25th, Tate of the 38th and Hamrick of the 30th:
A RESOLUTION creating the Joint Early Learning Initiative Commission; and for other purposes.
Referred to the Education and Youth Committee.
SR 22. By Senators Seay of the 34th, Tate of the 38th and Starr of the 44th:
Proposing an amendment to the Constitution so as to provide for maximum teacher-student ratios for kindergarten and grades one through three in public

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schools; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Education and Youth Committee.

SR 23. By Senators Johnson of the 1st and Harbison of the 15th:

A RESOLUTION creating the Joint Port Authority for the Port of Savannah Study Committee; and for other purposes.

Referred to the Interstate Cooperation Committee.

The members pledged allegiance to the flag.

Senator Cagle of the 49th introduced the chaplain of the day, Pastor Jeff Benefield of Flowery Branch, Georgia, who offered scripture reading and prayer.

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

Adelman Balfour Brown Bulloch Butler Cagle Carter Chance Chapman Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Heath Henson

Hill,Jack Hill,Judson Hooks Hudgens Johnson Jones Kemp Me V Bremen Miles Moody Mullis Pearson Powell Rogers Schaefer,N Seabaugh Seay Shafer,D

Smith Starr Staton Stephens Stoner Tate Thomas,D Thomas,R Thompson,C Thompson,S Tolleson Unterman Walker Weber Whitehead Wiles Williams Zamarripa

Not answering was Senator Reed.

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

The following resolutions were read and adopted:

SR 24. By Senator Thompson of the 5th:

A RESOLUTION commending the United Ebony Society of Gwinnett County; and for other purposes.

SR 25. By Senator Tolleson of the 20th:

A RESOLUTION recognizing and commending Kings Chapel Elementary School on its designation as a 2005 Georgia School of Excellence in Student Achievement; and for other purposes.

SR 26. By Senator Moody of the 56th:

A RESOLUTION commending Collin Rose on becoming an Eagle Scout; and for other purposes.

Senator Douglas of the 17th and Pearson of the 51st spoke to SR 27, honoring 1st Lieutenant Patrick Evans.

The following resolution was read and put upon its adoption:

SR 27. By Senators Douglas of the 17th and Pearson of the 51st:

A RESOLUTION recognizing and commending 1st Lieutenant Patrick Evans for his outstanding service in the United States Army; and for other purposes.

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S

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Y Fort Y Goggans Y Golden Y Grant
Hamrick Y Harbison Y Harp
Heath Y Henson

Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer,N Y Seabaugh Y Seay Y Shafer,D

Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

Senator Johnson of the 1st introduced the doctor of the day, Dr. Stephen Rashleigh.

Senator Stephens of the 27th moved that the Senate adjourn until 10:00 a.m. Tuesday, January 25, 2005.

The motion prevailed, and the President announced the Senate adjourned at 1:42 p.m.

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Senate Chamber, Atlanta, Georgia Tuesday, January 25, 2005 Fifth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

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

SB 11. By Senators Golden of the 8th, Stoner of the 6th, Meyer von Bremen of the 12th and Jones of the 10th:
A BILL to be entitled an Act to amend Code Section 33-9-40.2 of the Official Code of Georgia Annotated, relating to workers compensation insurance premium discount for insured with drug-free workplace program, so as to remove the existing eight-year limitation on the application of the discount; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

SB 24. By Senators Hamrick of the 30th, Mullis of the 53rd and Heath of the 31st:
A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to regulate the sale of products used in the preparation of methamphetamine; to provide for a definition; to prohibit certain activities with respect to such products; to provide for criminal penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

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SB 44. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend Code Section 42-2-11 of the Official Code of Georgia Annotated, relating to powers and duties of the Board of Corrections, so as to authorize the board to enter into contracts for the operation of private probation detention and diversion centers; to provide for rules and regulations for the operation of such centers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes
Referred to the State Institutions and Property Committee.
SB 45. By Senators Rogers of the 21st, Johnson of the 1st, Stephens of the 27th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, and Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to specify requirements applicable to legislative and congressional reapportionment; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Reapportionment and Redistricting Committee.
SB 46. By Senators Shafer of the 48th, Staton of the 18th, Cagle of the 49th, Heath of the 31st and Chance of the 16th:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service in general, so as to provide that suppliers of wireless telephone service providing directory information shall not include wireless service dialing numbers without the express written consent of a subscriber; to provide for terms and conditions; to provide exceptions and authorize waivers; to provide for civil enforcement and immunity from certain liability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.
SB 47. By Senators Stoner of the 6th, Brown of the 26th, Adelman of the 42nd, Golden of the 8th, Meyer von Bremen of the 12th and others:
A BILL to be entitled an Act to amend Part 3 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to pay, pensions, and

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allowances for militia members, so as to provide that the state shall pay for life insurance for certain members of the national guard or air national guard who are residents of this state while on active duty or active duty for training; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

SB 48. By Senators Smith of the 52nd, Thomas of the 54th, Mullis of the 53rd, Tolleson of the 20th and Rogers of the 21st:
A BILL to be entitled an Act to state a general intent to eliminate the future "sunset" of certain provisions relating to renal disease facilities; to provide that provisions of the Official Code of Georgia Annotated relating to renal disease facilities which were in effect and applicable on January 1, 2005, shall remain in effect and applicable until and unless changed by future Act of the General Assembly; to amend an Act amending Title 31 of the O.C.G.A., relating to health, which Act was approved April 20, 2000 (Ga. L. 2000, p. 526); to amend Code Section 31-44-3 of the O.C.G.A., so as to revise certain provisions relating to membership on the Renal Dialysis Advisory Council; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

SB 49. By Senators Kemp of the 46th, Thompson of the 33rd, Grant of the 25th and Zamarripa of the 36th:
A BILL to be entitled an Act to amend the Official Code of Georgia Annotated, so as to provide for notification to the members of the General Assembly of the availability of annual reports, budgets, and audits; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee (General).

SB 50. By Senators Hamrick of the 30th, Seabaugh of the 28th, Pearson of the 51st, Heath of the 31st and Hill of the 32nd:
A BILL to be entitled an Act to amend Code Section 48-5-42.1 of the Official Code of Georgia Annotated, relating to a personal property tax exemption for certain property, so as to increase the amount of such exemption; to provide for

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an effective date and applicability; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
SB 51. By Senators Hamrick of the 30th, Heath of the 31st and Thomas of the 54th:
A BILL to be entitled an Act to amend Code Section 31-22-1 of the Official Code of Georgia Annotated, relating to definitions relative to clinical laboratories, so as to provide for the degree of supervision of technicians in clinical laboratories; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 52. By Senators Smith of the 52nd, Harp of the 29th, Carter of the 13th, Hill of the 32nd, Wiles of the 37th and others:
A BILL to be entitled an Act to amend Code Section 19-11-5 of the Official Code of Georgia Annotated, relating to debt to state created by payment of public assistance, so as to provide for the waiver, reduction, or negotiation of the payment of unreimbursed public assistance under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 53. By Senators Smith of the 52nd, Harp of the 29th, Hill of the 32nd, Wiles of the 37th and Weber of the 40th:
A BILL to be entitled an Act to amend Code Section 19-7-22 of the Official Code of Georgia Annotated, relating to petition for legitimation of a child, notice to mother, court order, effect, and intervention by father, so as to provide that legitimation of a child may take place contemporaneously with the establishment of paternity with the consent of the mother and the father; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SR 33. By Senators Balfour of the 9th, Unterman of the 45th, Shafer of the 48th, Harp of the 29th, Thompson of the 5th and others:
A RESOLUTION approving the creation of a new four-year college in Gwinnett County by the Board of Regents of the University System of

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Georgia; and for other purposes.

Referred to the Higher Education Committee.

SR 34. By Senators Cagle of the 49th, Balfour of the 9th, Moody of the 56th and Carter of the 13th:

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

Referred to the Finance Committee.

The following committee report was read by the Secretary:

Mr. President:

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

SB 33

Do Pass by substitute Respectfully submitted, Senator Moody of the 56th District, Chairman

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

Adelman Balfour Brown Bulloch Butler Cagle Chance Chapman Douglas Fort Goggans Golden Grant

Hill,Jack Hill,Judson Hooks Hudgens Johnson Jones Kemp Me V Bremen Miles Moody Mullis Powell Rogers

Starr Staton Stephens Stoner Tate Thomas,D Thomas,R Thompson,C Thompson,S Tolleson Unterman Walker Weber

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131

Hamrick Harbison Harp Heath Henson

Schaefer,N Seabaugh Seay Shafer,D Smith

Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Carter

Pearson

Reed

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

Senators:

Carter

Reed

The members pledged allegiance to the flag.

Senator Schaefer of the 50th introduced the chaplain of the day, Reverend Andy Childs of Toccoa, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 28. By Senator Hooks of the 14th:

A RESOLUTION remembering and honoring the life of Lucius Black; and for other purposes.

SR 29. By Senator Hooks of the 14th:

A RESOLUTION remembering and honoring the life of James Frank Myers, Jr.; and for other purposes.

SR 30. By Senators Thomas of the 2nd and Johnson of the 1st:

A RESOLUTION recognizing and commending Reverend Matthew Southall Brown; and for other purposes.

SR 31. By Senators Thomas of the 2nd and Johnson of the 1st:

A RESOLUTION commending St. Joseph's/Candler Hospital and St. Mary's Community Center, recipients of the National Achievement Citation award; and for other purposes.

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SR 32. By Senators Adelman of the 42nd, Weber of the 40th, Miles of the 43rd, Butler of the 55th, Henson of the 41st and others:
A RESOLUTION commending the DeKalb County Public Library; and for other purposes.
Senator Seay of the 34th introduced the doctor of the day, Dr. Paul King.
Senator Stephens of the 27th moved that the Senate adjourn until 10:00 a.m. Wednesday, January 26, 2005.
The motion prevailed, and the President announced the Senate adjourned at 10:41 a.m.

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Senate Chamber, Atlanta, Georgia Wednesday, January 26, 2005 Sixth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following Senate legislation was introduced, read the first time and referred to committee:
SB 18. By Senator Golden of the 8th:
A BILL to be entitled an Act to amend Code Section 34-8-194 of the Official Code of Georgia Annotated, relating to grounds for disqualification for employment security benefits, so as to change provisions relating to the effect of discharge from employment because of absenteeism caused by illness; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 54. By Senator Goggans of the 7th:
A BILL to be entitled an Act to amend Code Section 47-12-82 of the Official Code of Georgia Annotated, relating to salary for district attorneys emeritus, suspension of office upon eligibility for or appointment to an office of profit or trust under the United States Constitution or the Constitution of Georgia, so as to provide for a salary increase; to provide for cost of living increases; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
SB 55. 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.,

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relating to accountants, so as to change the composition of the state board of accountancy; 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 O.C.G.A.; to amend Article 13 of Chapter 1 of Title 7 of the O.C.G.A.; to amend Chapter 12 of Title 16 of the O.C.G.A.; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SB 56. By Senators Thomas of the 54th, Unterman of the 45th, Harbison of the 15th, Hooks of the 14th, Pearson of the 51st and others:
A BILL to be entitled an Act to amend Chapter 14 of Title 31 of the Official Code of Georgia Annotated, relating to hospitalization for tuberculosis, so as to revise a definition; to revise obsolete references; to revise certain provisions relative to confinement of patients committed for tuberculosis treatment; to revise certain provisions relative to continuation of confinement of patients committed for tuberculosis treatment; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 57. By Senators Hamrick of the 30th, Cagle of the 49th, Hill of the 32nd, Smith of the 52nd, Rogers of the 21st and others:
A BILL to be entitled an Act to amend Code Section 17-10-7 of the Official Code of Georgia Annotated, relating to punishment of repeat offenders, so as to provide that a person convicted of the offense of murder who is not sentenced to death and who has previously been convicted of three or more felonies shall be sentenced to life without parole; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 58. By Senators Hamrick of the 30th, Cagle of the 49th, Smith of the 52nd, Unterman of the 45th and Pearson of the 51st:
A BILL to be entitled an Act to amend Code Section 16-15-3 of the Official Code of Georgia Annotated, relating to definitions relating to street gang

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terrorism and prevention, so as to change and add certain definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SB 59. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend Code Section 42-8-130 of the Official Code of Georgia Annotated, relating to establishment of county diversion centers, so as to authorize the establishment of county probation diversion centers for certain offenders; to provide that such centers shall be under the control of the sheriff of the county or such other county entity, officer, or employee as the county governing authority shall direct; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SB 60. By Senators Golden of the 8th, Stoner of the 6th, Meyer von Bremen of the 12th, Jones of the 10th, Brown of the 26th and others:
A BILL to be entitled an Act to amend Part 3 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to pay, pensions, and allowances for military personnel, so as to provide for financial assistance grants to families of residents of this state who are members of the Georgia National Guard or reserve forces or reserve components of the armed forces of the United States and who have been engaged in military duty for extended periods for the defense and protection of the United States and the State of Georgia; to define certain terms; to create the Commission on Helpful Economic Relief for Our Exceptional Soldiers (HEROES) and provide for its members, powers, and duties; to repeal conflicting laws; and for other purposes.
Referred to the Appropriations Committee.

SB 61. By Senators Harbison of the 15th, Hooks of the 14th, Tate of the 38th, Henson of the 41st, Golden of the 8th and others:
A BILL to be entitled an Act to amend Subpart 10 of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to

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grants to children of Georgia National Guard Members, so as to provide for grants for postsecondary education to members of the national guard under certain conditions; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.
SB 62. By Senators Shafer of the 48th and Staton of the 18th:
A BILL to be entitled an Act to provide for a short title; to provide for legislative findings; to amend Title 16 of the Official Code of Georgia Annotated, relating to computer systems protections, so as to add a new part to create the new crime of initiation of deceptive commercial e-mail; to provide for definitions; to provide for criminal penalties; to provide for civil relief and venue for civil proceedings; to provide for certain prosecuting officials to prosecute deceptive commercial e-mail; to provide for applicability; to provide for exceptions; to change provisions relating to the definition of racketeering activity in the Georgia RICO Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.
SR 38. By Senators Meyer von Bremen of the 12th, Golden of the 8th, Stoner of the 6th, Jones of the 10th, Starr of the 44th and others:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for financial assistance grants to families of residents of this state who are members of the National Guard or reserve forces or reserve components of the armed forces of the United States and who have been engaged in military duty for extended periods and the creation and administration of a nonlapsing trust fund for such purpose; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Appropriations Committee.
The following committee reports were read by the Secretary:
Mr. President:
The Education 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:

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SB 34

Do Pass by substitute Respectfully submitted, Senator Moody of the 56th District, Chairman

Mr. President:

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

SB 37 SB 38

Do Pass Do Pass

SB 39 SB 40

Do Pass Do Pass

Respectfully submitted, Senator Wiles of the 37th District, Chairman

The following legislation was read the second time:

SB 33

Senator Chapman of the 3rd asked unanimous consent that Senator Hill of the 4th be excused. The consent was granted, and Senator Hill was excused.

Senator Brown of the 26th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

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

Adelman Balfour Brown Bulloch Butler Cagle Carter Chance Chapman Douglas Fort Goggans Golden Grant Hamrick

Henson Hill,Judson Hooks Hudgens Johnson Jones Kemp Me V Bremen Miles Moody Mullis Pearson Powell Rogers Schaefer,N

Smith Starr Staton Stephens Stoner Tate Thomas,D Thomas,R Thompson,C Tolleson Unterman Walker Weber Whitehead Wiles

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Harbison Harp Heath

Seabaugh Seay Shafer,D

Williams Zamarripa

Not answering were Senators:

Hill, Jack (Excused)

Reed

Thompson, S (Excused)

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

The members pledged allegiance to the flag.

Senator Harbison of the 15th introduced the chaplain of the day, Pastor Vince Allen of Columbus, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 35. By Senators Seay of the 34th, Starr of the 44th, Jones of the 10th, Thompson of the 33rd and Miles of the 43rd:

A RESOLUTION honoring Ms. Betty S. Martin on the occasion of her birthday; and for other purposes.

SR 36. By Senators Thomas of the 2nd and Johnson of the 1st:

A RESOLUTION recognizing and commending Dr. Priscilla D. Thomas for her many years of community service and her outstanding civic achievements; and for other purposes.

SR 37. By Senators Hill of the 4th, Harp of the 29th, Hooks of the 14th, Brown of the 26th, Johnson of the 1st and others:

A RESOLUTION commending and recognizing the Georgia Association of Black State Universities; and for other purposes.

SR 39. By Senators Stephens of the 27th, Johnson of the 1st, Balfour of the 9th, Seabaugh of the 28th, Goggans of the 7th and others:

A RESOLUTION honoring President Ronald Wilson Reagan on the 94th anniversary of his birth and declaring February 6, 2005, as "Ronald Reagan Day"; and for other purposes.

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139

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, January 26, 2005 Sixth Legislative Day
(The names listed are the Senators whose districts are affected by the legislation.)
Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following four local bills relating to homestead exemptions require a two-thirds roll-call vote for passage:

SB 37

Johnson of the 1st CITY OF RICHMOND HILL
A BILL to be entitled an Act to provide for a homestead exemption from City of Richmond Hill 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 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 a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

SB 38

Johnson of the 1st BRYAN COUNTY
A BILL to be entitled an Act to provide for 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 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.

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SB 39

Johnson of the 1st BRYAN COUNTY

A BILL to be entitled an Act to provide for a homestead exemption from Bryan 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 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 40

Johnson of the 1st CITY OF PEMBROKE

A BILL to be entitled an Act to provide for a homestead exemption from City of Pembroke 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 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 a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch
Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans
Golden

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis
Pearson Powell

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson
Unterman Walker

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141

Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Reed Y Rogers Y Schaefer,N Y Seabaugh Y Seay Y Shafer,D

Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the local legislation, the yeas were 47, nays 0.

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

Serving as doctor of the day was Dr. Mitzi Rubin.

Senator Stephens of the 27th moved that the Senate adjourn until 10:00 a.m. Thursday, January 27, 2005.

The motion prevailed, and the President announced the Senate adjourned at 10:36.

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Senate Chamber, Atlanta, Georgia Thursday, January 27, 2005 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 Senate legislation was introduced, read the first time and referred to committee:

SB 63. By Senators Bulloch of the 11th, Goggans of the 7th and Golden of the 8th:
A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of superior court judges for each judicial circuit, so as to create a new fifth superior court judgeship for the Southern Judicial Circuit; to provide for the initial appointment, election, and term of office of such judge; to provide for the qualifications and for the compensation, salary, and expense allowance of such judge to be paid by the State of Georgia and the counties comprising the judicial circuit; to provide for jurors; to authorize the judges of said circuit to divide and allocate the work and duties thereto and provide for the duties of the chief judge and presiding judges; to provide for powers, duties, and responsibilities of judges of said circuit; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 64. By Senator Douglas of the 17th:
A BILL to be entitled an Act to amend Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, so as to repeal the requirement that officers enforcing traffic laws have a blue light on the roof of

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their vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes
Referred to the Public Safety and Homeland Security Committee.
SB 65. By Senator Brown of the 26th:
A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to equalization of assessments, so as to provide authority to the state revenue commissioner to investigate property tax valuations; to provide for actions and prosecutions; to provide for reassessment orders; to provide for appeals; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
SB 66. By Senators Henson of the 41st and Tate of the 38th:
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 who has withdrawn contributions from the Employees Retirement System of Georgia or the Teachers Retirement System of Georgia may reestablish creditable service without a waiting period; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
SB 67. By Senators Henson of the 41st, Brown of the 26th, Miles of the 43rd, Fort of the 39th, Tate of the 38th and others:
A BILL to be entitled an Act to amend Code Section 47-3-83 of the Official Code of Georgia Annotated, relating to service credit in the Teachers Retirement System of Georgia for active duty service in the armed forces of the United States and certain limitations on such service, so as to provide for creditable service for certain periods of active duty; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.

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SB 68. By Senators Seabaugh of the 28th, Johnson of the 1st, Stephens of the 27th, Balfour of the 9th, Brown of the 26th and others:
A BILL to be entitled an Act to amend Chapter 39A of Title 43 of the O.C.G.A., relating to real estate appraisers, so as to change certain definitions; to provide for board member recusals under certain circumstances; to provide for board approval of schools and instructors offering continuing education courses; to change certain provisions relating to hearings and investigations; to amend Chapter 40 of Title 43 of the O.C.G.A., relating to real estate brokers and salespersons, so as to change certain definitions; to provide for recusal of a commission member in certain circumstances; to change a provision relating to removal of a commission member; to provide for the appointment of a director or coordinator for each approved school; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SR 41. By Senators Brown of the 26th and Johnson of the 1st:
A RESOLUTION creating the Senate Music Industry Committee, an interim study committee, and a citizens advisory council thereto; and for other purposes.
Referred to the Economic Development Committee.
SR 42. By Senators Stoner of the 6th, Golden of the 8th, Butler of the 55th, Powell of the 23rd, Meyer von Bremen of the 12th and others:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly by general law to provide for public funding of social services provided by separate charitable affiliates of religion or sectarian organizations pursuant to contracts for the provision of such services and to provide for conditions and requirements relative to such contracts; to provide that the General Assembly may appropriate federal funds received by the state; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Rules Committee.

The following committee report was read by the Secretary: Mr. President:

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145

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

SB 6

Do Pass

Respectfully submitted,

Senator Meyer von Bremen of the 12th District, Chairman

The following legislation was read the second time:

SB 34

Senator Brown of the 26th asked unanimous consent that Senator Walker of the 22nd be excused. The consent was granted, and Senator Walker was excused.

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

Adelman Balfour Brown Bulloch Butler Cagle Carter Chance Chapman Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Heath

Henson Hill,Jack Hill,Judson Hooks Hudgens Johnson Jones Kemp Me V Bremen Miles Moody Mullis Powell Reed Rogers Schaefer,N Seabaugh Seay

Smith Starr Staton Stephens Stoner Tate Thomas,D Thomas,R Thompson,C Thompson,S Tolleson Unterman Weber Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Pearson

Shafer, D

Walker (Excused)

The members pledged allegiance to the flag.

Senator Seabaugh of the 28th introduced the chaplain of the day, Dr. Joel Richardson of

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Newnan, Georgia, who offered scripture reading and prayer.
Senator Eric Johnson, President Pro Tempore, assumed the Chair.
The following resolutions were read and adopted:
SR 40. By Senators Thomas of the 54th, Schaefer of the 50th, Smith of the 52nd, Harp of the 29th, Hill of the 32nd and others:
A RESOLUTION commending the Partnership for Health and Accountability; and for other purposes.
SR 44. By Senators Douglas of the 17th, Johnson of the 1st, Stephens of the 27th, Hill of the 4th, Thomas of the 2nd and others:
A RESOLUTION commending all Vietnam Era Veterans and their families; to recognize May 4-8, 2005, as the 30th Observance of the Ending of the Vietnam War; and for other purposes.
SR 45. By Senators Staton of the 18th, Brown of the 26th, Harp of the 29th, Carter of the 13th, Tolleson of the 20th and others:
A RESOLUTION expressing regret at the passing of William Augustus Bootle; and for other purposes.
SR 43. By Senators Stephens of the 27th and Pearson of the 51st:
A RESOLUTION honoring and remembering the life of Karitza (Kara) Chakrabandhu; and for other purposes.
Senator Stephens of the 27th spoke to SR 43, commemorating Karitza (Kara) Chakrabandhu.
Senator Thomas of the 2nd introduced the doctor of the day, Dr. Michael Zoller.
The President resumed the Chair.

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

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147

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

HR 68.

By Representatives Keen of the 179th and Porter of the 143rd:

A RESOLUTION relative to adjournment; and for other purposes.

SENATE RULES CALENDAR THURSDAY, JANUARY 27, 2005 SEVENTH LEGISLATIVE DAY

SB 33 Georgia Virtual School; authorize establishment; enrollment determination; rules/regulations (Substitute)(ED&Y-56th)

Respectfully submitted,

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

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

SB 33. By Senators Moody of the 56th, Douglas of the 17th, Balfour of the 9th, Hooks of the 14th, Bulloch of the 11th and others:

A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change certain provisions relating to determination of enrollment by institutional programs; to authorize the establishment of the Georgia Virtual School; to provide for rules and regulations; to provide for a Georgia Virtual School grant account; to provide for statutory construction; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate Education and Youth Committee offered the following substitute to SB 33:

A BILL TO BE ENTITLED AN ACT

To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change certain provisions relating to determination of enrollment by institutional programs; to authorize the establishment of the Georgia Virtual School; to provide for rules and regulations; to provide for a Georgia Virtual School grant account; to provide for statutory construction; to provide for related

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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 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," is amended by striking subsection (a) of Code Section 20-2-160, relating to determination of enrollment by institutional programs, and inserting in its place a new subsection (a) to read as follows:
(a) The State Board of Education shall designate the specific dates upon which two counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Department of Education. The initial enrollment count shall be made after October 1 but prior to November 17 and the final enrollment count after March 1 but prior to May 1. The report shall indicate the students specific assigned program for each one-sixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a course recognized under this article or by state board policy as an enrichment course, except a driver education course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office, or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; a course taken through the Georgia Virtual School pursuant to Code Section 20-2-319; or any other course or activity so designated by the state board. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in an eligible institution under the program established in Code Section 202-161.1 may be counted for the high school program for only that portion of the day that the student is attending the high school for those segments that are eligible to be counted under this subsection. The state board shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school

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system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date.
SECTION 2. Said article is further amended in Part 14, relating to other educational programs under the "Quality Basic Education Act," by inserting at the end thereof a new Code Section 20-2-319 to read as follows:
20-2-319. (a) The State Board of Education is authorized to establish the Georgia Virtual School whereby students may enroll in state funded courses via the Internet or in any other manner not involving on-site interaction with a teacher. Any Georgia student who is age 21 or younger shall be eligible to enroll in the Georgia Virtual School for a maximum of six courses per school year at no cost to the student. The State Board of Education is authorized to promulgate rules and regulations pertaining to the Georgia Virtual School. Such rules and regulations, if established, shall include, at a minimum, a process for students to enroll in Georgia Virtual School courses, including provisions allowing for students to participate in such courses in excess of the six courses allowed per year at a tuition rate to be established by the State Board of Education, and a process whereby a students grade in the course is reported on the students transcript. All teachers who provide instruction through the Georgia Virtual School shall be certified by the Professional Standards Commission. (b) The department is authorized to establish a Georgia Virtual School grant account with funds appropriated by the General Assembly. The amount of funds requested by the state board for this account shall be the amount that the participating students would have earned under this article if those students had been in equivalent general education programs in a local school system for that portion of the instructional day in which the students were actually enrolled in a Georgia Virtual School course. The department shall use funds from this grant account to pay for costs associated with the Georgia Virtual School incurred by the department, including, but not limited to, actual costs of tuition, materials, and fees directly related to the approved courses taken by the students through the Georgia Virtual School. (c) The Georgia Virtual School shall not be considered a school for purposes of Article 2 of Chapter 14 of this title.
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.

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Senators Tate of the 38th, Thomas of the 2nd and Fort of the 39th offered the following amendment #1:

Amend the Senate Education and Youth Committee substitute to SB 33 by striking lines 30 through 32 on page 2 and inserting in lieu thereof the following:
not involving on-site interaction with a teacher. The State Board of Education is .

Senator Adelman of the 42nd offered the following amendment #1a:

Amend the amendment to SB 33 by inserting at p.2, line 30 after "teacher."

Provided, however, public school students shall be given priority.

On the adoption of the amendment, the yeas were 31, nays 15, and the Adelman amendment #1a was adopted.

On the adoption of the amendment as amended, the yeas were 18, nays 33, and the Tate et al. amendment #1 was lost.

Pursuant to the failure to adopt the Tate et al. amendment #1, amendment #1a was moot.

Senators Moody of the 56th and Williams of the 19th offered the following amendment #2:

Amend the substitute to SB 33 by adding on page 2, line 32, after student the following:

, provided that public school students shall be given priority.

On the adoption of the amendment, Senator Meyer von Bremen of the 12th called for the yeas and nays; the call was sustained, and the vote was as follows:

Y Adelman N Balfour Y Brown Y Bulloch Y Butler N Cagle Y Carter N Chance Y Chapman N Douglas Y Fort Y Goggans

Y Hill,Jack N Hill,Judson Y Hooks N Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody N Mullis N Pearson

Y Smith Y Starr N Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman

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Y Golden Y Grant N Hamrick Y Harbison Y Harp N Heath Y Henson

Y Powell Y Reed N Rogers N Schaefer,N N Seabaugh Y Seay N Shafer,D

E Walker Y Weber Y Whitehead N Wiles Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 37, nays 18, and the Moody, Williams amendment #2 was adopted.

Senator Adelman of the 42nd offered the following amendment #3:

Amend the committee substitute to SB 33 by inserting at p.2, line 30 after "teacher."

Provided, however, public school students shall be given priority.

Senator Adelman of the 42nd asked unanimous consent that his amendment #3 be withdrawn. The consent was granted, and the amendment was withdrawn.

On the adoption of the substitute, the yeas were 51, 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 Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Walker Y Weber Y Whitehead

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Y Harbison Y Harp Y Heath Y Henson

Y Schaefer,N Y Seabaugh Y Seay Y Shafer,D

Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 55, nays 0.

SB 33, having received the requisite constitutional majority, was passed by substitute.

The following resolution was read and adopted:

HR 68. By Representatives Keen of the 179th and Porter of the 143rd:

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, February 3, 2005, and shall reconvene on Monday, February 7, 2005.

BE IT FURTHER RESOLVED that the General Assembly shall adjourn at the close of the legislative day on Thursday, February 10, 2005, and shall reconvene on Monday, February 14, 2005.

BE IT FURTHER RESOLVED that for the remainder of the 2005 regular session, unless otherwise provided by subsequent joint resolution, the General Assembly shall adjourn at the close of the legislative day on each Friday on which the General Assembly is in session and shall reconvene on the following Monday.

BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House.

Senator Stephens of the 27th moved that the Senate adjourn until 9:00 a.m. Friday, January 28, 2005.

The motion prevailed, and the President announced the Senate adjourned at 12:36 p.m.

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153

Senate Chamber, Atlanta, Georgia Friday, January 28, 2005 Eighth Legislative Day
The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following Senate legislation was introduced, read the first time and referred to committee:
SB 69. By Senators Mullis of the 53rd, Schaefer of the 50th, Stephens of the 27th, Smith of the 52nd, Rogers of the 21st and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special and distinctive Choose Life, Inc., license plates; to provide for issuance, renewal, fees, licensing agreements, applications, transfers, and disposition of funds relative to such license plates; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 70. By Senators Thompson of the 33rd, Stoner of the 6th, Mullis of the 53rd, Powell of the 23rd and Thompson of the 5th:
A BILL to be entitled an Act to amend Code Section 36-22-2 of the Official Code of Georgia Annotated, relating to definitions concerning community greenspace preservation, so as to include land used as or dedicated for use as a cemetery within the definition of greenspace for a limited purpose; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

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SB 71. By Senators Thompson of the 33rd, Stoner of the 6th, Powell of the 23rd and Thompson of the 5th:
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 list duties that may be required of certificated teachers; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.
SB 72. By Senators Thompson of the 33rd, Stoner of the 6th, Powell of the 23rd and Thompson of the 5th:
A BILL to be entitled an Act to amend Code Section 20-2-182, relating to program weights relative to state funding of local school systems, so as to provide for compliance with maximum class size requirements for each individual classroom; to prohibit determining compliance with maximum class size requirements by system average; to revise or delete obsolete provisions; to restore provisions enacted in 2000 and suspended during school years 20032004 and 2004-2005; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.
SB 73. By Senators Thompson of the 33rd, Stoner of the 6th, Powell of the 23rd and Thomas of the 54th:
A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to state funds for local school systems under the "Quality Basic Education Act," so as to delete special financing and expenditure provisions for school years 2003-2004 and 20042005; to restore the applicability of financing and expenditure provisions previously enacted; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.
SB 74. By Senators Rogers of the 21st, Goggans of the 7th, Tolleson of the 20th, Hill of the 32nd, Chance of the 16th and others:
A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the Quality Basic Education Act, so as to provide that no high school which receives funding under such article shall participate

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in, sponsor, or provide coaching staff for interscholastic athletic events which are conducted under the authority of, conducted under the rules of, or scheduled by any athletic association unless the charter, bylaws, or other governing documents of such athletic association comply with certain requirements and standards; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.

SB 75. By Senators Seabaugh of the 28th, Smith of the 52nd, Hill of the 32nd, Carter of the 13th, Thomas of the 54th and others:
A BILL to be entitled an Act to amend Code Section 33-3-27 of the Official Code of Georgia Annotated, relating to reports of awards under medical malpractice insurance policies, so as change certain provisions relating to the types of awards that are reported; to amend Code Section 43-34-37 of the Official Code of Georgia Annotated, relating to the authority to refuse to license or discipline a physician, investigation, and enforcement, so as to change provisions relating to investigations of certain matters; to provide for definitions; to provide for additional investigation and assessment under certain circumstances; to provide for implementation of certain matters contingent upon funding; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

SB 76. By Senators Hill of the 32nd, Smith of the 52nd, Seabaugh of the 28th, Carter of the 13th, Whitehead, Sr. of the 24th and others:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to medical malpractice insurance rate filings; to change certain provisions relating to rate increases for medical malpractice insurance; to provide for approval or rejection of such rate increases; to provide for certain hearings in connection with such rate increase approvals; to provide for certain notices and reports; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

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SB 77. By Senators Unterman of the 45th, Hudgens of the 47th, Schaefer of the 50th, Goggans of the 7th, Shafer of the 48th and others:
A BILL o be entitled an Act to amend Article 3 of Chapter 11 of Title 15 of the O.C.G.A., relating to parental notification, so as to define and eliminate certain terms; to require certain types of identification to be presented in order for a physician to perform an abortion; to amend Chapter 12 of Title 16 of the O.C.G.A., relating to offenses against health and morals, so as to provide that all abortions must be performed in certain facilities; to provide for certain reports by physicians; to provide for certain forms; to provide for certain reports by the Department of Human Resources; to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion; to provide for related matters; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 78. By Senator Williams of the 19th:
A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dental hygienists, so as to provide for additional exception to the requirement of direct supervision of a dental hygienist in certain settings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 79. By Senators Williams of the 19th, Pearson of the 51st, Rogers of the 21st, Goggans of the 7th, Heath of the 31st and others:
A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to provide expressly that local boards of education are authorized to provide additional elective courses for students in specified grades; to provide for state funding of such additional elective courses; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.
SB 80. By Senators Williams of the 19th, Staton of the 18th, Goggans of the 7th, Tolleson of the 20th, Johnson of the 1st and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official

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Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of sheriffs; to provide for the qualifying for such offices; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

SB 81. By Senators Hudgens of the 47th, Carter of the 13th, Kemp of the 46th, Grant of the 25th and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, known as the "Patient Access to Eye Care Act" and further relating to the blindness education, screening, and treatment program, and Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to recodify the provisions relating to patient access to eye care as a portion of Title 33, the "Georgia Insurance Code"; to provide for enforcement by the Commissioner of Insurance and the powers of the Commissioner related thereto; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

SB 82. By Senators Hamrick of the 30th, Schaefer of the 50th, Hudgens of the 47th, Cagle of the 49th, Shafer of the 48th and others:
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 supplement definitions relating to financial institutions; to define time parameters for meeting notices; to implement personnel policies; to promulgate regulations promoting parity with federal financial institutions; to prohibit certain persons from participating in financial institutions; to allow Georgia and federal courts access to financial information; to lengthen the time for closure of stock transfer books; to protect the shareholders during bank conversions, mergers, and consolidations; to require notice to the department when articles are amended; to update the financial requirements for licensure of mortgage brokers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Banking and Financial Institutions Committee.

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SB 83. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change certain provisions relating to the Department of Community Healths powers, duties, and functions; to require hospitals and medical facilities to make certain information available on their Internet websites; to require hospitals and medical facilities to provide estimates of charges to patients; to require hospital authorities to make certain information available on their Internet websites; to require hospital authorities to provide estimates of charges to patients; to provide for the collection and dissemination of certain information by the Department of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 84. By Senators Staton of the 18th, Williams of the 19th, Chapman of the 3rd, Rogers of the 21st, Chance of the 16th and others:
A BILL to be entitled an Act to amend Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to form of proper identification at polls, so as to change the forms of identification that are acceptable at the polls; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes
Referred to the State and Local Governmental Operations (General) Committee.
SB 85. By Senators Tate of the 38th, Butler of the 55th, Seay of the 34th, Miles of the 43rd, Jones of the 10th and others:
A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to establish the Georgia Rx Program to reduce prescription drug prices for residents of this state; to provide a short title; to provide for legislative intent; to provide definitions; to provide for operation of the program; to establish the amount of rebates; to require disclosure of savings to program enrollees; to require drug manufacturers who sell prescription drugs to the state to enter into a rebate agreement; to provide for the commissioner of community health to negotiate rebates with drug manufacturers; to require retail pharmacies that participate in the program to discount the price of drugs covered by a rebate agreement; to provide for participating pharmacies to submit claims and receive reimbursement for discounted prices; to provide for the collection of utilization data; to provide for the disclosure of the names of manufacturers who do not enter into rebate

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agreements; to provide for resolution of discrepancies in rebate amounts; to establish a dedicated fund for rebates; to provide for reports; to provide for outreach efforts; to authorize the adoption of rules and regulations; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 86. By Senators Chapman of the 3rd, Williams of the 19th, Goggans of the 7th, Johnson of the 1st, Whitehead, Sr. of the 24th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions applicable to eminent domain, so as to change certain provisions relating to the nature of the right of eminent domain; to provide for the limitation of public purposes for which eminent domain may be exercised; to provide for statutory construction; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SR 48. By Senators Golden of the 8th, Adelman of the 42nd, Stoner of the 6th and Thompson of the 5th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly shall continue in session for no longer than 30 days each year; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Rules Committee.
SR 49. By Senators Harp of the 29th, Shafer of the 48th, Hill of the 32nd, Schaefer of the 50th, Pearson of the 51st and others:
A RESOLUTION proposing an amendment to the Constitution, in a manner consistent with the United States Constitution, so as to prevent discrimination in the public funding of social services by allowing religious or sectarian organizations to receive public aid, directly or indirectly, for the provision of such services; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Rules Committee.

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The following committee reports were read by the Secretary:

Mr. President:

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

SB 48 SB 51

Do Pass Do Pass

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

Mr. President:

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

SB 3

Do Pass by substitute

Respectfully submitted,

Senator Smith of the 52nd District, Chairman

The following legislation was read the second time:

SB 6

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

Senator Seay of the 34th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

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

Adelman Brown Bulloch Butler Cagle Carter Chance Chapman Douglas

Henson Hill,Jack Hill,Judson Hudgens Johnson Jones Kemp Me V Bremen Miles

Seay Smith Starr Staton Stephens Stoner Tate Thomas,D Thomas,R

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Fort Goggans Golden Grant Hamrick Harbison Harp Heath

Moody Mullis Powell Reed Rogers Schaefer,N Seabaugh

Thompson,C Tolleson Unterman Weber Whitehead Wiles Zamarripa

Not answering were Senators:

Balfour Shafer, D Williams

Hooks (Excused) Thompson, S (Excused)

Pearson Walker

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

Senator:

Pearson

Williams

The members pledged allegiance to the flag.

Senator Tate of the 38th introduced the chaplain of the day, Reverend Dr. Thomas Brown of Atlanta, Georgia, who offered scripture reading and prayer.

Senator Tate of the 38th introduced the doctor of the day, Dr. Alan Plummer.

The following resolutions were read and adopted:

SR 46. By Senators Seay of the 34th, Unterman of the 45th, Butler of the 55th, Miles of the 43rd, Thomas of the 2nd and others:

A RESOLUTION recognizing February 3, 2005, as Go Red for Women Day; and for other purposes.

SR 47. By Senators Golden of the 8th and Carter of the 13th:

A RESOLUTION commending and congratulating the Valdosta State University Football Team; and for other purposes.

SR 50. By Senators Brown of the 26th, Staton of the 18th and Tolleson of the 20th:

A RESOLUTION welcoming citizens and public officials from Macon and

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Bibb County, observing March 1, 2005, as Macon Day in Atlanta-Taste of Macon; recognizing the 2005 Cherry Blossom Festival; and for other purposes.

Senator Hill of the 4th recognized the Georgia Association of Black State Universities, commended by SR 37, adopted previously.

Senator Johnson of the 1st asked unanimous consent that Senator Smith of the 52nd be excused. The consent was granted, and Senator Smith was excused.

SENATE RULES CALENDAR FRIDAY, JANUARY 28, 2005 EIGHTH LEGISLATIVE DAY

SB 34

Ga. Master Teacher Program; Academic Coach Program; establishment; regulations (Substitute)(ED&Y-56th)

Respectfully submitted,

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

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

SB 34. By Senators Moody of the 56th, Weber of the 40th, Johnson of the 1st, Williams of the 19th, Thomas of the 54th and others:

A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the O.C.G.A., the "Quality Basic Education Act," so as to provide for legislative findings; to provide for the establishment of the "Georgia Master Teacher Program"; to provide for the establishment of criteria for Master Teacher Certification; to provide for the establishment of rules and regulations by the Professional Standards Commission; to provide for the establishment of the "Academic Coach Program"; to provide for the establishment of rules and regulations by the State Board of Education; to provide for the employment of an academic coach by a public school in accordance with a school improvement plan; to provide for monetary and other incentives for academic coaches; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate Education and Youth Committee offered the following substitute to SB 34:

A BILL TO BE ENTITLED AN ACT

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To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to provide for legislative findings; to provide for the establishment of the "Georgia Master Teacher Program"; to provide for the establishment of criteria for Master Teacher Certification; to provide for the establishment of rules and regulations by the Professional Standards Commission; to provide for the establishment of the "Academic Coach Program"; to provide for the establishment of rules and regulations by the State Board of Education; to provide for the employment of an academic coach by a public school in accordance with a school improvement plan; to provide for monetary and other incentives for academic coaches; to provide for the establishment of a Master Teacher and Academic Coach Implementation Committee; to provide for the composition, duties, and duration of the committee; to provide for automatic repeal; 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 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," is amended by inserting a new Code section after Code Section 202-204 to be designated Code Section 20-2-205 to read as follows:
20-2-205. (a) The General Assembly finds that excellent public school teachers deserve recognition for the extraordinary learning opportunity they provide to Georgia students. (b) The Professional Standards Commission is authorized and directed to establish the 'Georgia Master Teacher Program' to provide recognition to certificated public school teachers who exhibit excellence in the classroom. (c) The Professional Standards Commission shall establish criteria for a Master Teacher Certification. Such criteria shall include, at a minimum, evidence of student achievement, which must include student progress. A public school teacher with three or more years of teaching experience in Georgia may submit an application to the Professional Standards Commission for a Master Teacher Certification. The Professional Standards Commission shall review each application and determine whether a teacher meets the criteria for a Master Teacher Certification. If the Professional Standards Commission finds that a teachers application meets the criteria, the teacher will be given a Master Teacher Certification, and that teacher will be known as and may be called a Master Teacher for a term to be determined pursuant to rules and regulations of the Professional Standards Commission, but in no event longer than seven years. The Professional Standards Commission is authorized to develop rules and regulations governing the Master Teacher Certification. (d) This Code section shall be repealed on June 30, 2009.
SECTION 2. Said article is further amended by inserting new Code sections after Code Section 20-2-

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212.4 to be designated Code Sections 20-2-212.5 and 20-2-212.6 to read as follows:
20-2-212.5. (a) The General Assembly finds that many teachers wish to spend their entire career teaching in a classroom setting. However, the current salary structure offers few financial incentives for public school teachers to continue in the classroom throughout their careers. The General Assembly finds that new opportunities for career advancement must be developed to encourage excellent public school teachers to continue teaching students and to contribute to the development of other teachers. (b) The State Board of Education is authorized and directed to establish the 'Academic Coach Program' to provide certificated public school teachers who exhibit excellence in the classroom with salary supplements or bonuses in exchange for mentoring other public school teachers. The state board is authorized to develop rules and regulations for such program, including requiring reports, data, or other measures of accountability. (c) A local school system desiring the expertise and competency of an academic coach in one or more of its schools shall develop a school improvement plan for each such school which identifies the academic strengths and the areas which need improvement in each such school and which identifies areas where the expertise and competency of an academic coach could lead to improved academic performance of its students. A local school system desiring an academic coach in one or more of its schools shall submit such plan or plans on behalf of the school or schools in its district to the Department of Education which will certify that the plan or plans includes identified deficiencies in school performance that an academic coach can address. Once such certification is obtained, the school system may employ an academic coach or coaches according to the terms of the school improvement plan to be a classroom teacher for one or more segments per day or to perform other duties commensurate with the school improvement plan. (d) Prior to working as an academic coach in a school, an academic coach must receive a Master Teacher Certification from the Professional Standards Commission, as provided for in Code Section 20-2-205, and participate in professional learning relative to performing duties as an academic coach and to the teaching and learning needs identified in the school improvement plan as described in subsection (c) of this Code section.
(e) As part of its review of a school improvement plan, the school council at each school is authorized to request and receive data from the school relative to the schools utilization of an academic coach and whether such use of an academic coach has led to increased academic performance. (f) The state board is authorized, subject to appropriations by the General Assembly, to: (1) Provide funds to local school systems that release academic coaches from the regular classroom for one or more segments per day; (2) Compensate academic coaches with salary supplements if they serve schools that have received an unacceptable rating for a period of two or more consecutive years; and

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(3) Compensate academic coaches and other teachers or personnel participating or involved in the program with bonuses based on demonstrated school-wide gains in student achievement. Nothing shall prohibit local boards of education from providing additional salary supplements and bonuses to any teacher serving as an academic coach. (g) This Code section shall be repealed on June 30, 2009.
20-2-212.6. The Governor shall appoint a Master Teacher and Academic Coach Implementation Committee to advise the Professional Standards Commission and the State Board of Education on the development of such rules governing the Georgia Master Teacher Program, in accordance with Code Section 20-2-205, and the Academic Coach Program, in accordance with this Code section. Such committee shall include at a minimum, two Department of Education staff members, two State Board of Education members, two Professional Standards Commission staff members, two Professional Standards Commission members, four teachers, one local school superintendent, one principal, one local school board member, two parents of public school students, the director of the Office of Student Achievement or his or her designee, one staff member from Georgias Leadership Institute for School Improvement, the chair of the Senate Education Committee or his or her designee, the chair of the House Committee on Education or his or her designee, and the director of the Office of Planning and Budget. The implementation committee shall hold public hearings across the state for the purpose of receiving input from parents, teachers, and other educators. In addition to developing recommendations for rules governing the designation of Master Teachers, the implementation committee shall develop recommendations for guidelines designed to provide information to principals on hiring and utilizing the services of an academic coach. The Master Teacher and Academic Coach Implementation Committee shall make its recommendations to the Professional Standards Commission and the State Board of Education no later than December 31, 2005. The implementation committee shall be disbanded on December 31, 2005. This Code section shall be repealed on December 31, 2005.
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Shafer of the 48th offered the following amendment:
Amend the Senate Education and Youth Committee substitute to SB 34 (LC 33 0596ECS) by inserting after "repeal;" on line 11 of page 1 the following:

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to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide for legislative intent; to provide for a definition; to provide for the purchase of professional liability insurance for teachers, principals, and other certificated personnel by the state; to provide that such insurance coverage will automatically cover certain school personnel and will be at no cost to such personnel; to provide for the administration of the program; to provide for an effective date for insurance coverage; .
By inserting between lines 9 and 10 of page 4 the following:
SECTION 3. Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, is amended by adding after Part 6 a new part to read as follows:
'Part 6A 20-2-900. The General Assembly finds that a crisis confronts public education in Georgia relating to the exposure to personal liability of classroom teachers and other certificated personnel. Consequently, responsible and competent persons may decline to accept positions in schools, with resulting detriment to the quality of our public education system. This crisis has reached a point where the purchase of protection through liability insurance and the defense of civil and criminal actions at public expense, as part of the public compensation paid to such teachers and other certificated personnel, offers a feasible solution. Therefore, the General Assembly finds that the expenditure of public funds for such purposes in these circumstances is for educational purposes and in furtherance of the support and maintenance of public schools and public education. It is therefore the intent of the General Assembly that teachers, principals, and other certificated personnel in public schools in this state be protected from liability from monetary damages and the cost of defense of actions resulting from claims made against them arising out of occurrences in the course of activities in their professional capacity.
20-2-901. (a) For purposes of this Code section, 'certificated personnel' means all teachers, principals, and other education personnel certificated by the Professional Standards Commission. (b) The Department of Administrative Services shall be authorized to purchase a policy or policies of professional liability insurance, subject to appropriations by the General Assembly, insuring certificated personnel who are employed by a local school system. Such policy or policies shall protect against damages arising out of the performance of their duties or in any way connected therewith. The amount of such insurance and the appropriate coverages shall be in the discretion of the Department of Administrative Services, subject to specific appropriations by the General Assembly.

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(c) Insurance coverage provided pursuant to this Code section shall automatically cover all certificated personnel who are employed by a local school system and shall be at no cost to such certificated personnel. (d) The program of insurance under this part shall be administered by the Department of Administrative Services and such department shall be authorized to promulgate any necessary rules and regulations to implement such program. (e) The program of insurance shall be effective for insurance coverage of certificated personnel no later than July 1, 2005.'

By redesignating Sections 3 and 4 as Sections 4 and 5, respectively.

Senator Stephens of the 27th requested a ruling of the Chair as to the germaneness of the amendment.

The President ruled the amendment not germane.

Senator Shafer of the 48th 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.

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:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles
Moody Y Mullis Y Pearson

E Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman

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Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Powell Y Reed Y Rogers Y Schaefer,N Y Seabaugh Y Seay Y Shafer,D

Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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

SB 34, having received the requisite constitutional majority, was passed by substitute.

The following communication was received by the Secretary:

Senator Dan Moody District 56 421-C State Capitol Atlanta, GA 30334

Committees: Education and Youth Insurance and Labor Appropriations Rules Ethics Reapportionment and Redistricting

The State Senate Atlanta, Georgia 30334
January 28, 2005

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

Dear Mr. Eldridge:

During the rush of my introduction and discussion of SB 34 on the floor today, I failed to cast my favorable vote for the bill. I would like the record to show in the Journal that I am in full support of this legislation.

Thank you. /s/ Dan Moody

Senator Stephens of the 27th moved that the Senate adjourn pursuant to SR 19 until 1:00 p.m. Monday, January 31, 2005.

The motion prevailed, and the President announced the Senate adjourned at 10:48 a.m.

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Senate Chamber, Atlanta, Georgia Monday, January 31, 2005 Ninth Legislative Day
The Senate met pursuant to adjournment at 1:00 p.m. today and was called to order by the President.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following Senate legislation was introduced, read the first time and referred to committee:

SB 87. By Senators Bulloch of the 11th, Hudgens of the 47th and Kemp of the 46th:
A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 2 of the Official Code of Georgia Annotated, the "Georgia Seed Law," so as to preempt certain local ordinances relating to seeds; to provide certain exemptions; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.

SB 88. By Senators Bulloch of the 11th, Hudgens of the 47th and Kemp of the 46th:
A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 2 of the Official Code of Georgia Annotated, the "Georgia Fertilizer Act of 1997," so as to preempt certain local ordinances relating to fertilizer; to provide certain exemptions; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.

SB 89. By Senators Thomas of the 54th, Unterman of the 45th and Smith of the 52nd:
A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule I controlled substances; to change

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certain provisions relating to the definition of dangerous drug; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 90. By Senators Thomas of the 54th, Reed of the 35th, Unterman of the 45th, Schaefer of the 50th, Miles of the 43rd and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to enact the "Georgia Smokefree Air Act of 2005"; 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.
Referred to the Health and Human Services Committee.
SB 91. By Senators Adelman of the 42nd and Williams of the 19th:
A BILL to be entitled an Act to amend Part 1A of Article 2 of Chapter 5 of Title 46 of the O.C.G.A., relating to the telephone system for the physically impaired, so as to provide for the establishment of a state-wide telecommunication system capable of providing audible universal information access services to blind and print disabled citizens; to authorize the Public Service Commission to contract for the administration and operation of such system; to provide for the use of a portion of the monthly maintenance surcharge to be used to fund such system; to provide for immunity for the commission and for the providers of such system; to set a date for the beginning operation of such system; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SB 92. By Senators Harp of the 29th, Tolleson of the 20th, Hamrick of the 30th, Heath of the 31st, Hudgens of the 47th and others:
A BILL to be entitled an Act to amend Code Section 34-4-3 of the Official Code of Georgia Annotated, relating to amount of minimum wage to be paid,

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so as to provide for a training wage; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

SB 93. By Senators Harp of the 29th, Tolleson of the 20th, Hamrick of the 30th, Heath of the 31st, Goggans of the 7th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to prohibit the use of plastic or other types of material covering license plates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SB 94. By Senators Harp of the 29th, Carter of the 13th, Heath of the 31st, Goggans of the 7th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, the "Georgia Child Custody Intrastate Jurisdiction Act of 1978," so as to change certain provisions relating to actions by physical or legal custodians not being permitted in certain circumstances; to prohibit other persons or entities from maintaining certain actions under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 95. By Senators Harp of the 29th, Kemp of the 46th, Stephens of the 27th, Hudgens of the 47th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Title 43 of the O.C.G.A., 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 administration; 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

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violations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 96. By Senators Henson of the 41st, Thompson of the 5th and Fort of the 39th:
A BILL to be entitled an Act to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to regulate the preparation, marketing, sale, and serving of Halal foods; to provide punishment for violations; to define certain terms; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.
SB 97. By Senators Hamrick of the 30th, Mullis of the 53rd, Kemp of the 46th, Unterman of the 45th and Tate of the 38th:
A BILL to be entitled an Act to amend Code Section 15-11-71 of the Official Code of Georgia Annotated, relating to juvenile court supervision fees, so as to provide that fees may be used for truancy intervention services; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
SB 98. By Senators Hudgens of the 47th, Cagle of the 49th, Johnson of the 1st, Kemp of the 46th and Douglas of the 17th:
A BILL to be entitled an Act to amend Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to per diem and expenses of local boards of education, so as to authorize the expenditure of funds for life, disability, and liability insurance, retirement and pension coverage, social security coverage, and similar benefits for members of such local boards of education; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.
SB 99. By Senators Moody of the 56th and Butler of the 55th:
A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, particularly by an Act approved March 16, 1971 (Ga. L. 1971, p. 2092), so as to change certain provisions regarding

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violations of the code of ethics; to add a certain provision regarding the removal of a member of the board of directors for violation of certain provisions regarding conflicts of interest; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Transportation Committee.

SR 52. By Senators Bulloch of the 11th, Mullis of the 53rd, Kemp of the 46th, Carter of the 13th, Cagle of the 49th and others:

A RESOLUTION creating the Joint Agricultural Education Study Committee; and for other purposes.

Referred to the Education and Youth Committee.

SR 54. By Senators Tolleson of the 20th, Harp of the 29th, Starr of the 44th, Bulloch of the 11th and Hudgens of the 47th:

A RESOLUTION creating the Joint "Future of Georgia Forestry" Study Committee; and for other purposes.

Referred to the Natural Resources and the Environment Committee.

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:

SB 42

Do Pass

Respectfully submitted, Senator Wiles of the 37th District, Chairman

The following legislation was read the second time:

SB 3

SB 48

SB 51

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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Senator Thomas of the 2nd introduced the chaplain of the day, Dr. Harry Ross of Savannah, Georgia, who offered scripture reading and prayer.
Senator Smith of the 52nd introduced the doctor of the day, Dr. Keith Montgomery.
The following resolutions were read and adopted:
SR 51. By Senators Butler of the 55th, Miles of the 43rd, Thompson of the 5th, Adelman of the 42nd, Jones of the 10th and others:
A RESOLUTION recognizing and honoring John Evans; and for other purposes.
SR 53. By Senators Kemp of the 46th, Mullis of the 53rd, Chapman of the 3rd, Tolleson of the 20th, Seay of the 34th and others:
A RESOLUTION commending the firefighters of Georgia and observing the 33rd annual Firefighters' Recognition Day; and for other purposes.
SR 56. By Senator Henson of the 41st:
A RESOLUTION recognizing dental hygienists and Dental Hygienists' Appreciation Day; and for other purposes.
SR 57. By Senator Seabaugh of the 28th:
A RESOLUTION remembering and honoring the life of Mr. Tam H. Easterwood; and for other purposes.
SR 58. By Senators Tolleson of the 20th, Starr of the 44th, Johnson of the 1st, Stephens of the 27th, Kemp of the 46th and others:
A RESOLUTION recognizing and commending Mr. Hugh M. Gillis, Sr., for his outstanding public service; and for other purposes.
SR 59. By Senators Butler of the 55th, Henson of the 41st, Miles of the 43rd, Adelman of the 42nd, Jones of the 10th and others:
A RESOLUTION welcoming and thanking the citizens, employees, and public officials of DeKalb County, and declaring Monday, January 31, 2005, "Flavor of DeKalb" Day at the capitol; and for other purposes.

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175

The following resolution was read and put upon its adoption:

SR 55. By Senators Golden of the 8th, Brown of the 26th, Starr of the 44th, Zamarripa of the 36th, Adelman of the 42nd and others:

A RESOLUTION commending Linda Meggers; and for other purposes.

Senator Balfour of the 9th objected and asked for a recorded vote.

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

Y Adelman N Balfour Y Brown Y Bulloch Y Butler Y Cagle N Carter Y Chance Y Chapman N Douglas Y Fort Y Goggans Y Golden Y Grant
Hamrick Y Harbison
Harp N Heath Y Henson

Hill,Jack N Hill,Judson Y Hooks Y Hudgens N Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody
Mullis N Pearson Y Powell Y Reed Y Rogers N Schaefer,N N Seabaugh Y Seay Y Shafer,D

N Smith Y Starr N Staton N Stephens Y Stoner Y Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson
Unterman Walker Y Weber Y Whitehead N Wiles Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 36, nays 14, and the resolution was adopted.

Senator Smith of the 52nd asked unanimous consent that the following bill be withdrawn from the Senate Health and Human Services Committee and committed to the Senate Judiciary Committee:

SB 52. By Senators Smith of the 52nd, Harp of the 29th, Carter of the 13th, Hill of the 32nd, Wiles of the 37th and others:

A BILL to be entitled an Act to amend Code Section 19-11-5 of the Official Code of Georgia Annotated, relating to debt to state created by payment of

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public assistance, so as to provide for the waiver, reduction, or negotiation of the payment of unreimbursed public assistance under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

The consent was granted, and SB 52 was committed to the Senate Judiciary Committee.

SENATE LOCAL CONSENT CALENDAR

Monday, January 31, 2005 Ninth Legislative Day

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

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

SB 42

Douglas of the 17th CITY OF SOCIAL CIRCLE

A BILL to be entitled an Act to amend an Act incorporating the City of Social Circle, approved August 4, 1904 (Ga. L. 1904, p. 626), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman
Douglas Y Fort Y Goggans Y Golden Y Grant

Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody
Mullis Y Pearson Y Powell Y Reed

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Walker Y Weber

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Y Hamrick Y Harbison Y Harp
Heath Y Henson

Y Rogers Y Schaefer,N Y Seabaugh Y Seay Y Shafer,D

Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the local legislation, the yeas were 51, nays 0.

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

Senator Stephens of the 27th moved that the Senate adjourn until 10:00 a.m. Tuesday, February 1, 2005.

The motion prevailed, and the President announced the Senate adjourned at 2:13 p.m.

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Senate Chamber, Atlanta, Georgia Tuesday, February 1, 2005 Tenth Legislative Day

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

Senator Thomas of the 54th reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

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

Mr. President:

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

HB 98.

By Representatives Golick of the 34th, Roberts of the 154th, Smith of the 70th and Jones of the 46th:

A BILL to be entitled an Act to amend Chapter 22 of Title 36 of the O.C.G.A., relating to community greenspace preservation, so as to provide a short title; to provide for state and local government activities with respect to land conservation; to state legislative intent; to define terms; to create the Georgia Land Conservation Council and provide for its membership, powers, duties, and operations; to create the Georgia Land Conservation Trust Fund and to create the Georgia Land Conservation Revolving Loan Fund and provide for appropriations and other additions to said funds, as well as grants and other disbursements from said funds; to provide for eligibility for and award and disbursement of grants to counties, cities, and the Department of Natural Resources; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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179

SB 100. By Senators Hamrick of the 30th, Thompson of the 33rd, Johnson of the 1st and Starr of the 44th:
A BILL to be entitled an Act to amend Chapter 8 of Title 16 of the O.C.G.A., relating to offenses involving theft, so as to provide for the "Georgia Residential Mortgage Fraud Act"; to provide a short title; to provide for definitions; to define the criminal offense of residential mortgage fraud; to provide for venue; to provide penalties; to authorize district attorneys and the Attorney General to investigate and prosecute cases of residential mortgage fraud; to provide for the forfeiture of real and personal property; to amend Chapter 14 of Title 16 of the O.C.G.A., the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," so as to include residential mortgage fraud within the definition of racketeering activity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Banking and Financial Institutions Committee.
SB 101. By Senators Wiles of the 37th, Harp of the 29th, Reed of the 35th and Weber of the 40th:
A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for requests that a hearing, trial, or other proceeding be held before an elected judge of the superior or state court, as the case may be; to provide for a definition; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
SB 102. By Senators Rogers of the 21st, Hudgens of the 47th, Stephens of the 27th, Mullis of the 53rd, Smith of the 52nd and others:
A BILL to be entitled an Act to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group accident and sickness insurance, so as to clarify a definition; to require that insurers offering coverage in the individual market must participate in the assigned risk pool and may take adverse underwriting action on the basis of permitted health status factors and other evidence of insurability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

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SR 67. By Senators Johnson of the 1st, Mullis of the 53rd, Tolleson of the 20th, Goggans of the 7th, Stephens of the 27th and others:

A RESOLUTION proposing an amendment to the Constitution so as to provide that the tradition of fishing and hunting and the taking of fish and wildlife shall be preserved for the people and shall be managed by law and regulation for the public good; to provide for submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Natural Resources and the Environment Committee.

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

HB 98. By Representatives Golick of the 34th, Roberts of the 154th, Smith of the 70th and Jones of the 46th:

A BILL to be entitled an Act to amend Chapter 22 of Title 36 of the O.C.G.A., relating to community greenspace preservation, so as to provide a short title; to provide for state and local government activities with respect to land conservation; to state legislative intent; to define terms; to create the Georgia Land Conservation Council and provide for its membership, powers, duties, and operations; to create the Georgia Land Conservation Trust Fund and to create the Georgia Land Conservation Revolving Loan Fund and provide for appropriations and other additions to said funds, as well as grants and other disbursements from said funds; to provide for eligibility for and award and disbursement of grants to counties, cities, and the Department of Natural Resources; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Natural Resources and the Environment Committee.

The following committee report was read by the Secretary:

Mr. President:

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

SR 49

Do Pass

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

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181

Senator Seabaugh of the 28th asked unanimous consent that Senator Mullis of the 53rd be excused. The consent was granted, and Senator Mullis was excused.

Senator Johnson of the 1st asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr was excused.

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

Adelman Brown Bulloch Butler Cagle Carter Chance Chapman Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Heath Henson

Hill,Jack Hill,Judson Hooks Hudgens Johnson Jones Kemp Me V Bremen Miles Moody Pearson Powell Reed Rogers Schaefer,N Seabaugh Seay

Shafer,D Smith Staton Stephens Stoner Tate Thomas,D Thomas,R Thompson,C Tolleson Unterman Walker Weber Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Balfour Thompson, S

Mullis (Excused)

Starr (Excused)

The members pledged allegiance to the flag.

Senator Williams of the 19th introduced the chaplain of the day, Reverend Bucky Kennedy of Vidalia, Georgia, who offered scripture reading and prayer.

Senator Thomas of the 54th introduced the doctor of the day, Dr. David Malebranche.

The following communication was received by the Secretary:

Senator Preston Smith

Committees: Appropriations

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District 52 301-A Legislative Office Building Atlanta, GA 30334

Ethics Health and Human Services Judiciary Reapportionment and Redistricting Retirement

The State Senate Atlanta, Georgia 30334

Tuesday, February 01, 2005 [Via hand delivery]

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

Governor Taylor:

Please accept this letter as notice of my intent to move for engrossment of Senate Bill 3 at the appropriate time. Should you have any questions or concerns, please do not hesitate to contact me. Thank you for your assistance with this motion.

Sincerely,

/s/ Preston W. Smith State Senator, 52nd District

Senator Smith of the 52nd gave notice that at the proper time he would ask that SB 3 be engrossed.

The following resolutions were read and adopted:

SR 60. By Senator Goggans of the 7th:

A RESOLUTION recognizing and commending Ware County Magnet School on its designation as a 2005 Georgia School of Excellence in Student Achievement; and for other purposes.

SR 61. By Senator Goggans of the 7th:

A RESOLUTION recognizing and commending Patterson Elementary School on its designation as a 2005 Georgia School of Excellence in Student Achievement; and for other purposes.

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183

SR 62. By Senators Stoner of the 6th, Thompson of the 5th, Jones of the 10th, Hill of the 32nd, Mullis of the 53rd and others:

A RESOLUTION commending Keep Georgia Beautiful; and for other purposes.

SR 63. By Senators Hooks of the 14th, Meyer von Bremen of the 12th and Harp of the 29th:

A RESOLUTION remembering and honoring the life of the Honorable John V. Harper; and for other purposes.

SR 64. By Senator Hooks of the 14th:

A RESOLUTION commending Coach Melvin T. Kinslow; and for other purposes.

SR 65. By Senators Mullis of the 53rd, Rogers of the 21st, Zamarripa of the 36th, Stephens of the 27th, Brown of the 26th and others:

A RESOLUTION commending the tourism industry in Georgia and establishing February 2, 2005, as a time to recognize that "Together, Tourism Works for Georgia"; and for other purposes.

SR 66. By Senators Hill of the 4th, Stephens of the 27th, Thomas of the 54th, Tolleson of the 20th and Meyer von Bremen of the 12th:

A RESOLUTION recognizing February 3, 2005, as Community Health Centers Day; and for other purposes.

SENATE RULES CALENDAR TUESDAY, FEBRUARY 1, 2005
TENTH LEGISLATIVE DAY

SB 3

Torts; evidentiary matters, civil practice; revisions of provisions (PF)

(Substitute)(JUDY-52nd)

Respectfully submitted,

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

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

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SB 3. By Senators Smith of the 52nd, Johnson of the 1st, Seabaugh of the 28th, Stephens of the 27th, Hamrick of the 30th and others:

A BILL to be entitled an Act to amend Titles 9, 24, and 51 of the O.C.G.A., relating respectively to civil practice; evidence; and torts, so as to provide for substantive and comprehensive revision of provisions regarding civil practice, evidentiary matters, and liability in tort actions in general and actions related to health care in particular; to provide for legislative findings; to change provisions relating to venue in actions with joint defendants; to change provisions relating to affidavits accompanying charges of professional malpractice; to provide for defendants access to plaintiffs health information in medical malpractice cases; to provide for offers for judgment and the effect thereof; to provide that certain statements of apology or fault by health care providers shall not be admitted as evidence in civil actions; to repeal conflicting laws; and for other purposes.

Smith of the 52nd moved that SB 3 be engrossed.

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

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson

N Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson N Jones N Kemp N Me V Bremen N Miles Y Moody E Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer,N Y Seabaugh N Seay N Shafer,D

Y Smith E Starr Y Staton Y Stephens N Stoner N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson Y Unterman N Walker N Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the motion, the yeas were 29, nays 25, the motion prevailed; and SB 3 was engrossed.

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185

Senator Thomas of the 2nd moved the Senate reconsider its action in engrossing SB 3.

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

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody E Mullis N Pearson Y Powell Y Reed Y Rogers N Schaefer,N N Seabaugh Y Seay N Shafer,D

N Smith E Starr N Staton N Stephens Y Stoner Y Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the motion to reconsider, the yeas were 22, nays 32, the motion lost; and the motion to engross SB 3 was not reconsidered.

The Senate Judiciary Committee offered the following substitute to SB 3:

A BILL TO BE ENTITLED AN ACT

To amend Titles 9, 24, 33, 43, and 51 of the Official Code of Georgia Annotated, relating respectively to civil practice; evidence; insurance; professions and businesses; and torts, so as to provide for substantive and comprehensive revision of provisions regarding civil practice, evidentiary matters, and liability in tort actions in general and actions related to health care in particular; to provide for legislative findings; to change provisions relating to venue in actions with joint defendants; to change provisions relating to affidavits accompanying charges of professional malpractice; to provide for defendants access to plaintiffs health information in medical malpractice cases; to provide for offers for judgment and the effect thereof; to provide new procedures for damages for frivolous claims and defenses; to provide that certain statements of apology or similar statements by health care providers shall not be admitted as evidence in civil actions; to change

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provisions relating to opinions of experts; to create provisions regarding expert opinions in certain malpractice civil actions; to change provisions relating to reporting of medical malpractice judgments and settlements; to provide for investigations and remedial actions with respect to physicians fitness to practice under certain circumstances; to limit noneconomic damages in certain actions relating to emergency health care; to change provisions relating to agency liability of hospitals; to change provisions relating to apportionment of award according to degree of fault; to create provisions relating to apportioning damages in certain malpractice actions; to limit noneconomic damages in certain actions relating to health care; to provide for payment over time of certain future damages in certain actions; to provide for related matters; to provide for severability; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds that there presently exists a crisis affecting the provision and quality of health care services in this state. 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 a resulting adverse impact on the health and well-being of the citizens of this state. The General Assembly further finds that certain civil justice and health care regulatory reforms as provided in this Act will promote predictability and improvement in the provision of quality health care services and the resolution of health care liability claims and will thereby assist in promoting the provision of health care liability insurance by insurance providers. The General Assembly further finds that certain needed reforms affect not only health care liability claims but also other civil actions and accordingly provides such general reforms in this Act.
SECTION 2. 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 II 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

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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 trial court where the action has been pending shall determine the county and the court in to which the action shall proceed be transferred. (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. (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.
SECTION 3. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking Code Section 9-11-9.1, relating to affidavits in professional malpractice cases, and inserting in its place a new Code section to read as follows:
9-11-9.1. (a) In any action for damages alleging professional malpractice against a professional licensed by the State of Georgia and listed in subsection (f)(d) 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)(d) 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. (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

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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 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. (c) 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. (d)(b) If a plaintiff files an affidavit which is allegedly defective, and the defendant to whom it pertains alleges, with specificity, by motion to dismiss filed contemporaneously with its initial responsive pleading on or before the close of discovery, that said affidavit is defective, the plaintiffs complaint is subject to dismissal for failure to state a claim, 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. The trial court may, in the exercise of its discretion, extend the time for filing said amendment or response to the motion, or both, as it shall determine justice requires. (e)(c) 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. (f)(d) 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) Land surveyors; (9) Medical doctors; (10) Marriage and family therapists; (11) Nurses; (12) Occupational therapists;

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(13) Optometrists; (14) Osteopathic physicians; (15) Pharmacists; (16) Physical therapists; (17) Physicians assistants; (18) Professional counselors; (19) Professional engineers; (20) Podiatrists; (21) Psychologists; (22) Radiological technicians; (23) Respiratory therapists; or (24) Veterinarians.
SECTION 4. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by inserting 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 (d) of Code Section 9-11-9.1, against a professional corporation or other legal entity that provides health care services through a professional licensed by the State of Georgia and listed in subsection (d) of Code Section 9-11-9.1, 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 (d) of Code Section 9-11-9.1, contemporaneously with the filing of the complaint, the plaintiff shall be required to file a medical authorization form. Failure to provide this authorization shall subject the complaint to dismissal. (b) The authorization shall provide that the attorney representing the defendant is authorized to obtain and disclose protected health information contained in medical records to facilitate the investigation, evaluation, and defense of the claims and allegations set forth in the complaint which pertain to the plaintiff or, where applicable, the plaintiffs decedent whose treatment is at issue in the complaint. This authorization includes the defendants attorneys right to discuss the care and treatment of the plaintiff or, where applicable, the plaintiffs decedent with all of the plaintiffs or decedents treating physicians. (c) The authorization shall provide for the release of all protected health information except information that is considered privileged and shall authorize the release of such information by any physician or health care facility by which health care records of the plaintiff or the plaintiffs decedent would be maintained.
SECTION 5. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by inserting in place of Code Section 9-11-68, which is reserved, a new Code Section 911-68 to read as follows:

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9-11-68.
(a) At any time more than 30 days after the service of a summons and complaint on a party but not less than 30 days (or 20 days if it is a counteroffer) before trial, either party may serve upon the other party, but shall not file with the court, a written offer, denominated as an offer under this Code section, to settle a claim for the money, property, or relief specified in the offer and to enter into an agreement dismissing the claim or to allow judgment to be entered accordingly. Any offer under this Code section must:
(1) Be in writing and state that it is being made pursuant to this Code section; (2) Identify the party or parties making the proposal and the party or parties to whom the proposal is being made; (3) Identify generally the claim or claims the proposal is attempting to resolve; (4) State with particularity any relevant conditions; (5) State the total amount of the proposal and state with particularity all nonmonetary terms of the proposal; (6) State with particularity the amount proposed to settle a claim for punitive damages, if any; (7) State whether the proposal includes attorneys fees or other expenses and whether attorneys fees or other expenses are part of the legal claim; and (8) Include a certificate of service in the form required by Code Section 9-11-5. (b) When the complaint sets forth a claim for money, if the offeree rejects or does not accept the offer and the judgment finally obtained by the offeree was not at least 25 percent more favorable than the last offer, the offeree shall pay the offerors reasonable attorneys fees and costs incurred after the rejection of the last offer. When the complaint sets forth a claim for property or other nonmonetary relief, if the offeree rejects or does not accept the offer and the judgment finally obtained by the offeree is not more favorable than the last offer, the offeree shall pay the offerors reasonable attorneys fees and costs incurred after rejection of the last offer. (c) Any offer made under this Code section shall remain open for 30 days unless sooner withdrawn by a writing served on the offeree prior to acceptance by the offeree, but an offeror shall not be entitled to attorneys fees and costs under subsection (b) of this Code section to the extent an offer is not open for at least 30 days (unless it is rejected during that 30 day period). A counteroffer shall be deemed a rejection but may serve as an offer under this Code section if it is specifically denominated as an offer under this Code section. Acceptance or rejection of the offer by the offeree must be in writing and served upon the offeror. An offer that is neither withdrawn nor accepted within 30 days shall be deemed rejected. The fact that an offer is made but not accepted does not preclude a subsequent offer. Evidence of an offer is not admissible except in proceedings to enforce a settlement or to determine reasonable attorneys fees and costs under this Code section. (d) Upon motion made within 30 days of the entry of the judgment or after voluntary or involuntary dismissal, the court shall determine the following: (1) If the offer of judgment was 25 percent more favorable than the monetary award

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or the offer of nonmonetary relief or property was more favorable than the final relief, the court shall award reasonable attorneys fees and costs and the court shall set off such reasonable attorneys fees and costs against any award; and (2) If a party is entitled to costs and fees pursuant to the provisions of this Code section, the court may determine that an offer was not made in good faith in an order setting forth the basis for such a determination. In such case, the court may disallow an award of attorneys fees and costs. (e) Upon motion by the prevailing party at the time that the verdict or judgment is rendered, the moving party may request that the finder of fact determine whether the opposing party presented a frivolous claim or defense. In such event, the court shall hold a separate bifurcated hearing at which the finder of fact shall make a determination of whether such frivolous claims or defenses were asserted and to award damages, if any, against the party presenting such frivolous claims or defenses. Under this subsection: (1) Frivolous claims shall include, but are not limited to, the following:
(A) A claim, defense, or other position that lacks substantial justification or that is not made in good faith or that is made with malice or a wrongful purpose, as those terms are defined in Code Section 51-7-80; (B) A claim, defense, or other position with respect to which there existed such a complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim, defense, or other position; and (C) A claim, defense, or other position that was interposed for delay or harassment; (2) Damages awarded may include reasonable and necessary attorneys fees and expenses of litigation; and (3) A party may elect to pursue either the procedure specified in this subsection or the procedure specified in Code Section 9-15-14, but not both.
SECTION 6. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by inserting after 24-3-37 a new Code Section 24-3-37.1 to read as follows:
24-3-37.1. (a) The General Assembly finds that conduct, statements, or activity constituting voluntary offers of assistance or expressions of benevolence, regret, mistake, error, sympathy, or apology between or among parties or potential parties to a civil action should be encouraged and should not be considered an admission of liability. The General Assembly further finds that such conduct, statements, or activity should be particularly encouraged between health care providers and patients experiencing an unanticipated outcome resulting from their medical care. Regulatory and accreditation agencies are in some instances requiring health care providers to discuss the outcomes of their medical care and treatment with their patients, including unanticipated outcomes, and studies have shown such discussions foster improved communications and respect between provider and patient, promote quicker recovery by the patient, and

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reduce the incidence of claims and lawsuits arising out of such unanticipated outcomes. The General Assembly therefore concludes certain steps should be taken to promote such conduct, statements, or activity by limiting their admissibility in civil actions. (b) As used in this Code section, the term:
(1) 'Health care provider' means any person licensed under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43 or any hospital, nursing home, home health agency, institution, or medical facility licensed or defined under Chapter 7 of Title 31. The term shall also include any corporation, professional corporation, partnership, limited liability company, limited liability partnership, authority, or other entity comprised of such health care providers. (2) 'Unanticipated outcome' means the outcome of a medical treatment or procedure, whether or not resulting from an intentional act, that differs from an expected or intended result of such medical treatment or procedure. (c) In any claim or civil action brought by or on behalf of a patient allegedly experiencing an unanticipated outcome of medical care, any and all statements, affirmations, gestures, activities or conduct expressing benevolence, regret, apology, sympathy, commiseration, condolence, compassion, mistake, error, or a general sense of benevolence which are made by a health care provider or an employee or agent of a health care provider to the patient, a relative of the patient, or a representative of the patient and which relate to the unanticipated outcome shall be inadmissible as evidence and shall not constitute an admission of liability or an admission against interest.
SECTION 7. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by striking Code Section 24-9-67, relating to expert opinion evidence, and inserting in its place a new Code section to read as follows:
24-9-67. (a) 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. The opinion of a witness qualified as an expert under subsection (b) of this Code section may be given on the facts as proved by other witnesses. The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing or trial. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence in order for the opinion or inference to be admitted. Facts or data that are otherwise inadmissible shall not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the experts opinion substantially outweighs their prejudicial effect. (b) If scientific, technical, or other specialized knowledge will assist the trier of fact in any cause of 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:

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(1) The testimony is based upon sufficient facts or data which are or will be admitted into evidence at the hearing or trial; (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. (c) Notwithstanding the provisions of subsection (b) of this Code section and any other provision of law which might be construed to the contrary, in professional malpractice actions, the opinions of an expert, who is otherwise qualified as to the acceptable standard of conduct of the professional 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; and (2) In the case of a medical malpractice action, had actual professional knowledge and experience in the area of practice or specialty in which the opinion is to be given as the result of having been regularly engaged in:
(A) The active practice of such area of specialty of his or her profession for at least three of the last five years, with sufficient frequency to establish an appropriate level of knowledge, as determined by the judge, in performing the procedure, diagnosing the condition or rendering the treatment which is alleged to have been performed or rendered negligently by the defendant whose conduct is at issue; or (B) The teaching of his or her profession for at least three of the last five years as an employed member of the faculty of an educational institution accredited in the teaching of such profession, with sufficient frequency to establish an appropriate level of knowledge as determined by the judge in teaching others how to perform the procedure, diagnose the condition, or render the treatment which is alleged to have been performed or rendered negligently by the defendant whose conduct is at issue; and (C) Except as provided in subparagraph (D) of this paragraph:
(i) Is a member of the same profession; (ii) Is a medical doctor testifying as to the standard of care of a defendant who is a doctor of osteopathy; or (iii) Is a doctor of osteopathy testifying as to the standard of care of a defendant who is a medical doctor; and (D) Notwithstanding any other provision of this Code section, an expert who is a physician and, as a result of having, during at least three of the last five years immediately preceding the time the act or omission is alleged to have occurred, supervised, taught, or instructed nurses, nurse practitioners, certified registered nursing anesthetists, nurse midwives, physician assistants, physical therapists, occupational therapists, or medical support staff, has knowledge of that standard of care of that health care provider under the circumstances at issue shall be competent to testify as to the standard of that health care provider. However, a nurse, nurse practitioner, certified registered nurse anesthetist, nurse midwife, physician

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assistant, physical therapist, occupational therapist, or medical support staff shall not be competent to testify as to the standard of care of a physician. (d)(1) If a witness is testifying as an expert in a civil action, then upon motion of a party, the court must hold a pretrial hearing to determine whether the witness qualifies as an expert and whether the experts testimony satisfies the requirements of subsections (a) and (b) of this Code section. The court shall allow sufficient time for a hearing and shall rule on the qualifications of the witness to testify as an expert and whether or not the testimony satisfies the requirements of subsections (a) and (b) of this Code section. Such hearing and ruling shall be completed no later than the final pretrial conference contemplated under Code Section 9-11-16. (2) If a witness is testifying as an expert in a criminal action, then upon motion of a party, the court may hold a hearing to determine the issues specified in paragraph (1) of this subsection at the time the witness is called to testify, outside the presence of the jury, if any. (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 (f) It is the intent of the legislature that the courts of the State of Georgia not be viewed as open to expert evidence that would not be admissible in other states. Therefore, in interpreting and applying this Code section, the courts of this state may draw from the opinions of the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993); General Electric Co. v. Joiner, 522 U.S. 136 (1997); Kumho Tire Co. Ltd. v. Carmichael, 526 U.S. 137 (1999); and other cases in federal courts applying the standards announced by the United States Supreme Court in these cases.
SECTION 8. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking subsection (b) of Code Section 33-3-27, relating to reports of medical malpractice judgments and settlements, and inserting in its place a new subsection (b) to read as follows:
(b) Every insurer providing medical malpractice insurance coverage in this state shall notify in writing the Composite State Board of Medical Examiners when it pays a judgment in excess of $10,000.00 or enters into an agreement to pay an amount in excess of $10,000.00 to settle a medical malpractice claim against a person authorized by law to practice medicine in this state; such. Such judgments or agreements shall be reported to the board regardless of the dollar amount if the records of the insurer establish that there have been two or more previous judgments against or settlements with a licensed physician which relate to the practice of medicine. Such notice shall be sent within 30 days after the judgment has been paid or the agreement has been entered into by the parties involved in the claim.

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SECTION 9. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking subsection (i) of Code Section 43-34-37, relating to disciplinary actions involving physicians, and inserting in its place new subsections (i) and (j) to read as follows:
(i) The board shall investigate a licensees or permit holders fitness to practice medicine if the board has received regarding that licensee a notification, pursuant to Code Section 33-3-27, regarding that licensee or permit holder of a medical malpractice judgment or settlement in excess of $100,000.00 or a notification pursuant to Code Section 33-3-27 that there have been two or more previous judgments against or settlements with the licensee or permit holder relating to the practice of medicine involving an action for medical malpractice. Every licensee or permit holder shall notify the board of any settlement or judgment involving the licensee or permit holder and relating to the practice of medicine in excess of $20,000.00 involving an action for medical malpractice. (j) The board shall conduct an assessment of a licensees fitness to practice medicine if it has disciplined the licensee three times in the last ten years as a result of an action for medical malpractice. The assessment shall include an examination of the licensees entire history with respect to the practice of medicine and a one day on-site visit to the licensees current practice location. The assessment shall be completed within six months of the third disciplinary action. As a result of its findings the board may take any action it deems necessary to reduce medical errors and promote patient safety, including revocation, suspension, or limiting the licensees license or requiring additional clinical training, additional continuing medical education, proctoring, or referral to appropriate rehabilitation facilities. As used in this subsection, the term 'action for medical malpractice' shall have the same meaning as provided in Code Section 9-3-70. The board shall implement this subsection upon the effective date of a specific appropriation of funds for purposes of this subsection as expressed in a line item making specific reference to the full funding of this subsection in an appropriations Act enacted by the General Assembly.
SECTION 10. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding a new Code section immediately following Code Section 51-1-29.4, to be designated Code Section 51-1-29.5 to read as follows:
51-1-29.5. (a) As used in this Code section, the term:
(1) 'Dedicated emergency department' means any department or facility of the 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

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(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) 'Health care provider' means any person licensed under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43 who provides care or assistance to an individual within the scope of such health care providers licensure, either voluntarily or at the request of a hospital, including but not limited to any health care provider who is 'on call' to a hospital. (4) 'Hospital' means a facility 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. (b) The General Assembly makes the following findings: Georgia hospitals operating dedicated emergency departments are required by both state and federal law to provide examination and treatment to individuals who come to a dedicated emergency department, without regard to the financial or insurance status of such individuals. Hospitals and other health care providers have complied with these laws to their financial detriment and under the well-founded apprehension of increased liability. Due in large part to fear of such liability, hospitals are experiencing extreme difficulty attracting a sufficient number of physicians and other health care professionals to maintain an effective team of professionals, including on-call physicians, to provide needed care and assistance to citizens of this state. As a result, many hospitals are being forced to close their emergency departments or forgo other needed improvements in order to financially support such emergency services and their attendant liability. The shortage of these emergency providers poses a serious threat to the health, welfare, and

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safety of the citizens of Georgia. Nevertheless, it is also recognized that patients who have been injured by negligence must be afforded appropriate access to legal remedies for their injuries. The General Assembly therefore concludes that certain steps must be taken to preserve Georgia citizens access to emergency care on the one hand, while on the other hand providing appropriate remedies for patients who are negligently injured. (c) Without waiving or affecting and cumulative of any existing immunity from any source, unless it is established that injuries or death were caused by willful or wanton misconduct, in deciding whether a hospital or health care provider that renders care or assistance in or at the request of a hospital or a health care provider 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 damages to or for the benefit of any claimant arising out of any act or omission in rendering such care or assistance, the finder of fact must determine whether the hospital or health care provider met the applicable standard of care for treatment of such patients or conditions or both in an emergency department setting under similar conditions and like surrounding circumstances. In making such a determination, a jury shall be charged with the duty to consider all relevant circumstances that the hospital or health care provider faced when treating the patient or condition or both, including, but not limited to:
(1) Whether any emergency circumstances were involved with the patients condition; (2) Whether the hospital or health care provider had access to the patients relevant medical history; (3) All relevant circumstances surrounding the operation of the facility; (4) The number of patients seeking care; (5) Whether there was a relevant preexisting relationship between the patient and defendant hospital or health care provider; and (6) All other circumstances affecting the hospital or health care providers ability to provide care under those circumstances at that time and place. (d) Notwithstanding any other law to the contrary, a cause of action alleging a breach of the applicable standard of care by a hospital or health care provider in the care and treatment of an emergency medical condition must be proven by clear and convincing evidence.
SECTION 11. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding immediately following Code Section 5l-2-5, 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) 'Health care professional' means a professional licensed as a chiropractor, clinical social worker, dentist, dietitian, medical doctor, marriage and family therapist, registered or licensed practical nurse, occupational therapist, optometrist, osteopathic

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physician, pharmacist, physical therapist, physicians assistant, professional counselor, podiatrist, psychologist, radiological technician, or respiratory therapist. (2) 'Hospital' means a facility that has a valid permit or provisional permit issued by the Department of Human Resources under Chapter 7 of Title 31. (b) Notwithstanding the provisions of Code Section 51-2-5, no hospital which complies with the notice provisions of either subsection (c) or subsection (d) of this Code section shall be liable in a tort action for the acts or omissions of a health care professional unless there exists an actual agency or employment relationship between the hospital and the health care professional. (c) The hospital shall post a notice in the form and manner described herein. Such notice shall: (1) Be posted conspicuously in the hospital lobby or a public area of the hospital; (2) Contain print at least one inch high; and (3) Provide language substantially similar to the following:
'Some or all of the health care professionals performing services in this hospital are independent contractors and are not hospital agents or employees. Independent contractors are responsible for their own actions and the hospital shall not be liable for the acts or omissions of any such independent contractors.' (d) The hospital shall have the patient or the patients personal representative sign a written acknowledgment that contains language substantially similar to that set forth in paragraph (3) of subsection (c) of this Code section. (e) The notice required in this Code section shall be sufficient if it meets the requirements of either subsection (c) or subsection (d) of this Code section even if the patient or the patients personal representative did not see or read such notice for any reason, including but not limited to medical condition or language proficiency. (f) Whether a health care professional is an actual agent, an employee, or an independent contractor shall be determined by the language of the contract between the health care professional and the hospital. In the absence of such a contract, or if the contract is unclear or ambiguous, a health care professional shall only be considered the hospitals employee or actual agent if it can be shown by a preponderance of the evidence that the hospital reserves the right to control the time, manner, or method in which the health care professional performs the services for which licensed, as distinguished from the right to merely require certain definite results. (g) If the court finds that there is no contract or that the contract is unclear or ambiguous as to the relationship between the hospital and health care professional, the court shall apply the following: (1) Factors that may be considered as evidence the hospital exercises a right of control over the time, manner, or method of the health care professionals services include: the parties believed they were creating an actual agency or employment relationship; the health care professional receives substantially all the employee benefits received by actual employees of the hospital; the hospital directs the details of the health care professionals work step-by-step; the health care professionals services are terminable at the will of the hospital without cause and without notice;

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the hospital withholds, or is required to withhold, federal and state taxes from the remuneration paid to the health care professional for services to the patients of the hospital; and factors not specifically excluded in paragraph (2) of this subsection; and (2) Factors that shall not be considered as evidence a hospital exercises a right of control over the time, manner, or method of the health care professionals services include: a requirement by the hospital that such health care professional treat all patients or that any health care professional or group is obligated to staff a hospital department continuously or from time to time; the hospitals payment to the health care professional on an hourly basis; the provision of facilities or equipment by the hospital; the fact a health care professional does not maintain a separate practice outside the hospital; the source of the payment for the professional liability insurance premium for that health care professional; the fact that the professional fees for services are billed by the hospital; or any requirement by the hospital that such health care professional engage in conduct required to satisfy any state or federal statute or regulation, any standard of care, any standard or guideline set by an association of hospitals or health care professionals, or any accreditation standard adopted by a national accreditation organization.
SECTION 12. 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 persons, 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. 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

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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 fault of the plaintiff and the judge shall reduce the amount of damages otherwise awarded to the plaintiff in proportion to his or her percentage of fault. (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 percentage 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. (c) In assessing percentages of fault, the trier of fact shall consider the fault of all persons or entities who contributed to the alleged injury or damages, regardless of whether the person or entity was, or could have been, named as a party to the suit.
(d)(1) Negligence or fault of a nonparty shall be considered if the plaintiff entered into a settlement agreement with the nonparty or if a defending party gives notice not later than 120 days prior to the date of trial that a nonparty was wholly or partially at fault. (2) The notice shall be given by filing a pleading in the action designating the nonparty and setting forth the nonpartys name and last known address, or the best identification of the nonparty which is possible under the circumstances, together with a brief statement of the basis for believing the nonparty to be at fault. (e) Nothing in this Code section shall eliminate or diminish any defenses or immunities which currently exist, except as expressly stated in this Code section. (f)(1) Assessments of percentages of fault of nonparties shall be used only in the determination of the percentage of fault of named parties. (2) Where fault is assessed against nonparties pursuant to this Code section, findings of fault shall not subject any nonparty to liability in any action or be introduced as evidence of liability in any action. (g) 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.

SECTION 13. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding a new Chapter 13 to read as follows:

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CHAPTER 13
51-13-1. (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 medical malpractice action. 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, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43. The term shall also include any corporation, professional corporation, partnership, limited liability company, limited liability partnership, authority, or other entity comprised of such health care providers. (3) 'Medical facility' means any institution or medical facility licensed under Chapter 7 of Title 31 or any combination thereof under common ownership, operation, or control. (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 or earnings capacity; (C) Income; (D) Funeral and burial expenses; (E) The value of services performed by the injured in the absence of the injury or death including those domestic and other necessary services performed without compensation; 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

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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 damages.
SECTION 14. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
SECTION 15. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Code Sections 51-12-31 and 51-12-33, as amended by this Act, and Code Sections 51-1-29.5, 51-2-5.1, and 51-13-1, as enacted by this Act, shall apply only with respect to causes of action arising on or after the effective date of this Act, and any prior causes of action shall continue to be governed by prior law. It is the intention of the General Assembly that all other provisions of this Act shall apply to causes of action pending on its effective date, unless such application would be unconstitutional.
SECTION 16. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 41, nays 4, and the committee substitute was adopted.
Senator Meyer von Bremen of the 12th asked unanimous consent that he be excused from voting on SB 3 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator

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Meyer von Bremen was excused.

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

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

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp E Me V Bremen N Miles Y Moody E Mullis Y Pearson Y Powell N Reed Y Rogers Y Schaefer,N Y Seabaugh N Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens N Stoner N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 39, nays 15.

SB 3, having received the requisite constitutional majority, was passed by substitute.

Senator Stephens of the 27th moved that the Senate adjourn until 10:00 a.m. Wednesday, February 2, 2005.

The motion prevailed, and the President announced the Senate adjourned at 1:34 p.m.

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Senate Chamber, Atlanta, Georgia Wednesday, February 2, 2005 Eleventh Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following Senate legislation was introduced, read the first time and referred to committee:

SB 103. By Senators Wiles of the 37th and Whitehead, Sr. of the 24th:
A BILL to be entitled an Act to amend Code Section 20-2-316, relating to required criteria for athletic associations organizing interscholastic sports events for state funded high schools, so as to establish certain criteria relating to mandatory classification of high schools according to student enrollment; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.

SB 104. By Senators Wiles of the 37th, Stoner of the 6th, Hill of the 32nd, Rogers of the 21st and Thompson of the 33rd:
A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3693), so as to change the compensation of the solicitor-general; to change the provisions relating to the compensation of assistant solicitors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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SB 105. By Senators Stoner of the 6th, Hamrick of the 30th, Thompson of the 5th, Rogers of the 21st, Powell of the 23rd and others:
A BILL to be entitled an Act to amend Part 3 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to the sale or distribution of harmful materials to minors, so as to define a certain term; to provide that it shall be unlawful for any person knowingly to sell, rent, or loan for monetary consideration an excessively violent video game or a video game containing material which is harmful to minors; to provide for penalties; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.

SB 106. By Senators Stoner of the 6th, Hamrick of the 30th, Thompson of the 5th, Rogers of the 21st, Powell of the 23rd and others:
A BILL to be entitled an Act to amend Code Section 16-12-103 of the Official Code of Georgia Annotated, relating to selling, loaning, or distributing harmful material to minors, so as to define a certain term; to provide that a video game retailer shall display a sign explaining each rating system which appears on a video game offered by such retailer; to provide a penalty; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.

SB 107. By Senators Williams of the 19th, Tolleson of the 20th, Hill of the 4th, Powell of the 23rd and Grant of the 25th:
A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to add an additional route to the Developmental Highway System; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.

SB 108. By Senators Shafer of the 48th, Hill of the 4th, Cagle of the 49th, Schaefer of the 50th, Balfour of the 9th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official

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Code of Georgia Annotated, relating to general provisions concerning state government, so to provide that no state agency or state officer shall accept or utilize certain grants or funds except under certain conditions; to repeal conflicting laws; and for other purposes.
Referred to the Appropriations Committee.
SB 109. By Senators Unterman of the 45th, Thomas of the 54th and Smith of the 52nd:
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 provide for legislative findings; to provide for definitions; to provide for immunity; to provide for applicability; to provide for notification of health care providers; to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to establish the Pain Management Ad Hoc Advisory Committee; to provide for such committees membership, duties, and duration; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 110. By Senators Unterman of the 45th, Thomas of the 54th and Smith of the 52nd:
A BILL to be entitled an Act to amend Title 43 of the O.C.G.A., relating to regulation of professions and businesses, so as to add a new Chapter 24A regulating the practice of massage therapy; to provide a short title; to provide legislative findings and intent; to provide for certain definitions; to create the Georgia Board of Massage Therapy; to provide for membership on the board; to provide for meetings of the board; to provide for powers of the board; to provide for licensure of massage therapists; to provide for provisional permits; to provide for applications under oath; to provide for licensing examinations; to provide for requirements relating to a license; to provide for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
The following committee report was read by the Secretary:
Mr. President:
The Regulated Industries and Utilities Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

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SB 55 SB 68

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

The following legislation was read the second time:

SR 49

Senator Seabaugh of the 28th asked unanimous consent that Senator Mullis of the 53rd be excused. The consent was granted, and Senator Mullis was excused.

Senator Chance of the 16th asked unanimous consent that Senator Unterman of the 45th be excused. The consent was granted, and Senator Unterman was excused.

Senator Johnson of the 1st asked unanimous consent that Senator Stephens of the 27th be excused. The consent was granted, and Senator Stephens was excused.

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

Adelman Balfour Bulloch Butler Cagle Carter Chance Chapman Douglas Goggans Golden Grant Harbison Harp Heath Henson

Hill,Jack Hill,Judson Hooks Hudgens Johnson Jones Kemp Me V Bremen Miles Moody Pearson Powell Rogers Schaefer,N Seabaugh Seay

Shafer,D Smith Starr Staton Stoner Tate Thomas,D Thomas,R Thompson,C Thompson,S Walker Weber Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Brown Mullis (Excused) Tolleson

Fort Reed Unterman (Excused)

Hamrick Stephens (Excused)

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

Senators:

Brown

Fort

Reed

The members pledged allegiance to the flag.

Senator Douglas of the 17th introduced the chaplain of the day, Reverend Randy Kanipe of Covington, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 68. By Senators Carter of the 13th and Kemp of the 46th:

A RESOLUTION commending and expressing appreciation to the Tift County Sheriff's Office; and for other purposes.

SR 69. By Senator Hill of the 32nd:

A RESOLUTION commending Saint Joseph's Hospital on 125 years of excellence in health care and recognizing March 8, 2005, as "Saint Joseph's Hospital Day"; and for other purposes.

SR 70. By Senators Hooks of the 14th, Hamrick of the 30th and Harp of the 29th:

A RESOLUTION commending the Auburn University football team; and for other purposes.

SR 71. By Senators Tolleson of the 20th, Harp of the 29th, Bulloch of the 11th, Hudgens of the 47th, Williams of the 19th and others:

A RESOLUTION commending the Professional Association of Georgia Educators (PAGE) and recognizing "PAGE Day on Capitol Hill"; and for other purposes.

SR 72. By Senators Bulloch of the 11th, Tolleson of the 20th, Kemp of the 46th, Hudgens of the 47th, Pearson of the 51st and others:

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

Senator Johnson of the 1st asked unanimous consent to suspend Senate Rule 9-1.4(b) to permit former Senator Hugh Gillis to address the Senate.

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209

The consent was granted, and Senate rule 9-1.4(b) was suspended.

SR 58. By Senators Tolleson of the 20th, Starr of the 44th, Johnson of the 1st, Stephens of the 27th, Kemp of the 46th and others:

A RESOLUTION recognizing and commending Mr. Hugh M. Gillis, Sr., for his outstanding public service; and for other purposes.

The Honorable Governor Sonny Perdue addressed the Senate to honor former Senator Hugh Gillis. Senators Starr of the 44th and Tolleson of the 20th spoke to SR 58, adopted previously, honoring Hugh Gillis. Hugh Gillis addressed the Senate briefly.

Senator Pearson of the 51st introduced the doctor of the day, Dr. Gene Westmoreland.

Senator Whitehead of the 24th recognized the AAAA State Champion Greenbriar High School softball team.

SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 2, 2005
ELEVENTH LEGISLATIVE DAY

SB 48

Renal Dialysis Advisory Council; revise; dialysis facilities; eliminate certain provisions (H&HS-52nd)

SB 51

Clinical Laboratories; technicians; provide degree of supervision (H&HS-30th)

Respectfully submitted,

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

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

SB 48. By Senators Smith of the 52nd, Thomas of the 54th, Mullis of the 53rd, Tolleson of the 20th and Rogers of the 21st:

A BILL to be entitled an Act to state a general intent to eliminate the future "sunset" of certain provisions relating to renal disease facilities; to provide that provisions of the Official Code of Georgia Annotated relating to renal disease facilities which were in effect and applicable on January 1, 2005, shall remain in effect and applicable until and unless changed by future Act of the General Assembly; to amend an Act amending Title 31 of the O.C.G.A., relating to

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health, which Act was approved April 20, 2000 (Ga. L. 2000, p. 526); to amend Code Section 31-44-3 of the O.C.G.A., so as to revise certain provisions relating to membership on the Renal Dialysis Advisory Council; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody E Mullis Y Pearson
Powell Y Reed Y Rogers Y Schaefer,N Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton E Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson E Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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

SB 48, having received the requisite constitutional majority, was passed.

SB 51. By Senators Hamrick of the 30th, Heath of the 31st and Thomas of the 54th:

A BILL to be entitled an Act to amend Code Section 31-22-1 of the Official Code of Georgia Annotated, relating to definitions relative to clinical laboratories, so as to provide for the degree of supervision of technicians in clinical laboratories; to provide for related matters; to repeal conflicting laws; and for other purposes.

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211

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 Brown Y Bulloch Y Butler Y Cagle N Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison N Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson Y Jones Y Kemp N Me V Bremen Y Miles Y Moody E Mullis N Pearson Y Powell N Reed Y Rogers Y Schaefer,N Y Seabaugh N Seay Y Shafer,D

Y Smith Y Starr Y Staton E Stephens N Stoner Y Tate Y Thomas,D Y Thomas,R N Thompson,C N Thompson,S Y Tolleson E Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 40, nays 13.

SB 51, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

Senator Joseph Carter District 13 304-A Legislative Office Building Atlanta, GA 30334

Committees: Education and Youth Economic Development Judiciary Public Safety and Homeland Security

The State Senate Atlanta, Georgia 30334

February 2, 2005

Frank Eldridge Secretary of the Senate

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353 State Capitol Atlanta, Georgia 30334
Ref: SB 51
Dear Mr. Secretary,
Please let the Journal reflect that my vote on SB 51 should be recorded as a yea vote. Upon expiration for time of voting the voting board on the floor indicated otherwise.
Thank you for your prompt attention to this matter.
Sincerely, /s/ Joseph Carter
Senator Johnson of the 1st moved that the Senate adjourn until 10:00 a.m. Thursday, February 3, 2005.
The motion prevailed, and the President announced the Senate adjourned at 11:24 a.m.

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213

Senate Chamber, Atlanta, Georgia Thursday, February 3, 2005 Twelfth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

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

Mr. President:

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

HB 95.

By Representatives Willard of the 49th and Oliver of the 83rd:
A BILL to be entitled an Act to amend the O.C.G.A., 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 O.C.G.A.; to reenact the statutory portion of the O.C.G.A., as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the O.C.G.A.; to repeal portions of the Code and Acts amendatory thereof which have become obsolete; to delete portions of the Code which have been superseded by subsequent state laws; to provide for and to correct citations in the O.C.G.A. and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the O.C.G.A.; to provide for other matters relating to the O.C.G.A.; to provide effective dates; to repeal conflicting laws; and for other purposes.

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

HR 47.

By Representatives Keen of the 179th, Richardson of the 19th, Burkhalter of the 50th, Royal of the 171st, Channell of the 116th and others:

A RESOLUTION paying tribute to the memory of a great Georgian, the late Paul D. Coverdell, and naming the Paul D. Coverdell Legislative Office Building in his honor; and for other purposes.

HR 124. By Representative Cheokas of the 134th:

A RESOLUTION recognizing Coach Melvin T. Kinslow on his 70th birthday; and for other purposes.

HR 134.

By Representatives Ashe of the 56th, Benfield of the 85th, Porter of the 143rd, Smith of the 70th, Jones of the 44th and others:

A RESOLUTION commending the Womens Sports Foundation and the Atlanta Womens Foundation; and for other purposes.

SR 44.

By Senators Douglas of the 17th, Johnson of the 1st, Stephens of the 27th, Hill of the 4th, Thomas of the 2nd and others:

A RESOLUTION commending all Vietnam Era Veterans and their families; to recognize May 4-8, 2005, as the 30th Observance of the Ending of the Vietnam War; and for other purposes.

The following communication was received by the Secretary:

Senator Don Balfour District 9 453 State Capitol Atlanta, GA 30334

Committees: Rules Appropriations Education and Youth Ethics Health and Human Services Insurance and Labor

The State Senate Atlanta, Georgia 30334
February 2, 2005

Frank Eldridge, Jr. Secretary of the Senate

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215

353 State Capitol Building Atlanta, GA 30334
Dear Mr. Secretary,
This letter will serve to notify you that I want my name removed from Senate Bill 5, and I withdraw my support from Senate Bill 5.
Please let the record reflect that my support is hereby withdrawn from Senate Bill 5.
Sincerely,
/s/ Don Balfour State Senate District 9
The following Senate legislation was introduced, read the first time and referred to committee:
SB 111. By Senators Goggans of the 7th, Chapman of the 3rd, Bulloch of the 11th, Pearson of the 51st and Whitehead, Sr. of the 24th:
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 preclude any companion animal establishment from being or becoming a nuisance solely as a result of changed conditions in or around the locality of the establishment; to provide for immunity from civil or criminal actions relating to noise from a companion animal establishment under certain conditions; to exempt certain conduct from changes in certain ordinances, rules, or regulations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.
SB 112. By Senators Goggans of the 7th, Golden of the 8th, Thomas of the 54th, Hill of the 32nd, Stephens of the 27th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the O.C.G.A., relating to public assistance, so as to establish the Georgia Long-Term Care Partnership Program; to provide a short title; to provide definitions; to provide for the administration of the program; to provide for certain duties and responsibilities; to provide that certain assets of persons not be considered when certain determinations concerning eligibility for Medicaid assistance are made; to provide for criteria for asset disregard; to provide for reciprocal

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agreements with other states; to authorize the Department of Community Health and the Commissioner of Insurance to promulgate certain rules and regulations; to provide for certain contingencies; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 113. By Senators Butler of the 55th, Henson of the 41st, Fort of the 39th, Miles of the 43rd, Seabaugh of the 28th and others:
A BILL to be entitled an Act to amend Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to the establishment of the Emergency Telephone System Fund, so as to authorize the use of "911" Emergency Telephone System Fund money to establish and operate a "311" nonemergency phone system; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SB 114. By Senators Butler of the 55th, Williams of the 19th, Miles of the 43rd, Weber of the 40th, Jones of the 10th and others:
A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to extend the sunset of certain provisions relating to use of proceeds of a sales and use tax for the Authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
SB 115. By Senators Butler of the 55th, Williams of the 19th, Miles of the 43rd, Weber of the 40th, Jones of the 10th and others:
A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, to extend until June 30, 2016, the provision that the interest income from certain reserve funds may be used to pay operating costs; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.

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217

SB 116. By Senators Mullis of the 53rd, Hamrick of the 30th, Smith of the 52nd, Thomas of the 54th, Heath of the 31st and others:
A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the O.C.G.A., relating to controlled substances, so as to limit the sale and manner of sale of products containing pseudoephedrine; to provide for exceptions; to provide for mitigation of punishment under certain circumstances; to provide for penalties; to restrict the sale, transfer, manufacture, purchase for resale, and furnishing of certain precursor chemicals; to provide for definitions; to authorize the State Board of Pharmacy to promulgate certain rules and regulations regarding precursor chemicals and licenses and permits; to provide for licensing and permitting of persons who sell, transfer, manufacture, purchase for resale, or otherwise furnish or possess precursor chemicals; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes
Referred to the Health and Human Services Committee.

SB 117. By Senators Heath of the 31st, Kemp of the 46th, Hudgens of the 47th, Bulloch of the 11th, Pearson of the 51st and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles generally, so as to provide that any Georgia license plate issued in the year 1970 or before shall be an authentic historical Georgia license plate; to authorize the display of such license plates on certain motor vehicles; to provide for certain computerized information; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SR 78. By Senators Williams of the 19th, Staton of the 18th, Johnson of the 1st and Moody of the 56th:
A RESOLUTION urging the federal Centers for Medicare and Medicaid Services to approve the waivers requested by Georgia to further expand Georgias self-directed care initiative; and for other purposes.
Referred to the Health and Human Services Committee.

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SR 80. By Senators Thomas of the 2nd, Schaefer of the 50th, Zamarripa of the 36th, Grant of the 25th, Hamrick of the 30th and others:
A RESOLUTION authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities and ingress and egress, in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Banks, Burke, Chatham, Douglas, Fulton, and Newton counties, Georgia; to repeal conflicting laws; and for other purposes.
Referred to the State Institutions and Property Committee.
SR 81. By Senators Hamrick of the 30th and Seabaugh of the 28th:
A RESOLUTION designating the J. G. McCalmon Highway; and for other purposes.
Referred to the Transportation Committee.
SR 82. By Senators Goggans of the 7th, Golden of the 8th, Thomas of the 54th, Hill of the 32nd, Stephens of the 27th and others:
A RESOLUTION urging the Congress of the United States to amend Section 1917(b)(1)(C) of the federal Social Security Act by deleting May 14, 1993, as the deadline for approval by states of long-term care partnership plans; and for other purposes.
Referred to the Health and Human Services Committee.

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

HB 95. By Representatives Willard of the 49th and Oliver of the 83rd:
A BILL to be entitled an Act to amend the O.C.G.A., 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 O.C.G.A.; to reenact the statutory portion of the O.C.G.A., as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the O.C.G.A.; to repeal portions of the Code and Acts amendatory thereof which have become obsolete; to delete portions of the Code which have been superseded by subsequent state laws; to provide for and to correct citations in the O.C.G.A. and other codes and laws of

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219

the state; to rearrange, renumber, and redesignate provisions of the O.C.G.A.; to provide for other matters relating to the O.C.G.A.; to provide effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Special Judiciary Committee.

HR 47. By Representatives Keen of the 179th, Richardson of the 19th, Burkhalter of the 50th, Royal of the 171st, Channell of the 116th and others:

A RESOLUTION paying tribute to the memory of a great Georgian, the late Paul D. Coverdell, and naming the Paul D. Coverdell Legislative Office Building in his honor; and for other purposes.

Referred to the Rules Committee.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 26 SB 87 SB 88

Do Pass Do Pass Do Pass

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

Mr. President:

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

SB 56 SB 77 SB 89

Do Pass as amended Do Pass Do Pass
Respectfully submitted, Senator Thomas of the 54th District, Chairman

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Mr. President:

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

SR 33

Do Pass

Respectfully submitted, Senator Harp of the 29th 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:

SB 97

Do Pass

Respectfully submitted, Senator Meyer von Bremen of the 12th District, Chairman

Mr. President:

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

SB 4

Do Pass by substitute

Respectfully submitted,

Senator Williams of the 19th District, Chairman

The following legislation was read the second time:

SB 55

SB 68

Senator Seabaugh of the 28th asked unanimous consent that Senator Mullis of the 53rd be excused. The consent was granted, and Senator Mullis was excused.

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

Senator Carter of the 13th asked unanimous consent that Senator Thomas of the 54th be excused. The consent was granted, and Senator Thomas was excused.

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221

Senator Adelman of the 42nd asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

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

Adelman Bulloch Butler Cagle Carter Chance Chapman Douglas Fort Golden Grant Hamrick Harbison Harp Heath Henson Hill,Jack

Hill,Judson Hooks Hudgens Johnson Jones Kemp Me V Bremen Miles Moody Pearson Powell Reed Rogers Seabaugh Seay Shafer,D

Smith Starr Staton Stephens Stoner Tate Thomas,R Thompson,C Tolleson Unterman Walker Weber Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Balfour Mullis (Excused) Thompson, S (Excused)

Brown (Excused) Schaefer, N

Goggans Thomas, D (Excused)

Senator Goggans was off the floor of the Senate when the roll was called and wishes to be recorded as present.
The members pledged allegiance to the flag.

Senator Meyer von Bremen of the 12th introduced the chaplain of the day, Reverend Annanis Hopkins of Baconton, Georgia, who offered scripture reading and prayer.

Senator Wiles of the 37th introduced the doctor of the day, Dr. Samuel Gilbert.

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The following resolutions were read and adopted:

SR 73. By Senator Rogers of the 21st:
A RESOLUTION commending Myrtle W. Figueras; and for other purposes.
SR 74. By Senator Rogers of the 21st:
A RESOLUTION celebrating the birth and the christening of Lily Anne Carras; and for other purposes.
SR 75. By Senators Rogers of the 21st and Stephens of the 27th:
A RESOLUTION commending Shirley Morris; and for other purposes.
SR 76. By Senators Rogers of the 21st and Stephens of the 27th:
A RESOLUTION commending James J. "J. J." Biello; and for other purposes.
SR 77. By Senator Schaefer of the 50th:
A RESOLUTION commending Chris Yearwood for winning the National Small Animal Production and Care - Entrepreneurship Proficiency Award at the 77th National FFA Convention; and for other purposes.
SR 79. By Senator Shafer of the 48th:
A RESOLUTION commending Collin Rose; and for other purposes.
SR 83. By Senator Whitehead, Sr. of the 24th:
A RESOLUTION congratulating the 2004 Greenbrier High School Softball Team, winners of the Class AAAA State Championship; and for other purposes.
HR 124. By Representative Cheokas of the 134th:
A RESOLUTION recognizing Coach Melvin T. Kinslow on his 70th birthday; and for other purposes.

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HR 134. By Representatives Ashe of the 56th, Benfield of the 85th, Porter of the 143rd, Smith of the 70th, Jones of the 44th and others:

A RESOLUTION commending the Womens Sports Foundation and the Atlanta Womens Foundation; and for other purposes.

Senator Seay of the 34th recognized representatives of the American Heart Association, commended by SR 46, adopted previously.

Senator Hill of the 4th recognized Dr. Jackie Griffin representing Georgia's Community Health Centers, commended by SR 66, adopted previously.

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

Mr. President:

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

HR 143.

By Representatives Richardson of the 19th, Burkhalter of the 50th, Keen of the 179th, Fleming of the 117th and Burmeister of the 119th:

A RESOLUTION recognizing February 6 as "Ronald Reagan Day" in the State of Georgia; and for other purposes.

Senator Stephens of the 27th moved that the Senate stand adjourned, pursuant to HR 68, until 1:00 p.m. Monday, February 7, 2005; the motion prevailed, and at 11:11 a.m. the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Monday, February 7, 2005 Thirteenth Legislative Day

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

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

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

The Journal was confirmed.

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

Mr. President:

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

HB 68.

By Representatives Shaw of the 176th and Houston of the 170th:

A BILL to be entitled an Act to amend an Act incorporating the City of Ray City, approved March 17, 1960 (Ga. L. 1960, p. 2473), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4040), so as to provide for staggered, four-year terms for the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 88.

By Representatives Amerson of the 9th and Reece of the 27th:

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

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HB 99. HB 143. HB 144. HB 146.

By Representatives Smith of the 129th and Buckner of the 130th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Hamilton, approved March 10, 1964 (Ga. L. 1964, p. 2601), as amended, so as to provide for the filling of vacancies in the offices of the mayor or councilmen; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representative Channell of the 116th:
A BILL to be entitled an Act to provide for a homestead exemption from Greene 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 Representative Channell of the 116th:
A BILL to be entitled an Act to provide for a homestead exemption from Greene County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th:
A BILL to be entitled an Act to create a board of elections and registration for Putnam 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 certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain

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HB 151. HB 199.

functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
By Representative Martin of the 47th:
A BILL to be entitled an Act to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications for drivers licenses and information on licensees, so as to extend the pilot program to determine the revenue feasibility of supplying limited rating information to agents, insurers, and insurance support organizations; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representative Willard of the 49th:
A BILL to be entitled an Act 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; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

SB 14. By Senator Thompson of the 5th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with respect to qualified home improvement expenses; to provide for conditions and limitations; to provide for an income tax credit with respect to certain commercial real property located in a community improvement district; to provide for an income tax credit with respect to a business located in a community improvement district; to provide for powers, duties, and authority

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of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

SB 118. By Senators Golden of the 8th and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Code Section 21-5-31 of the Official Code of Georgia Annotated, relating to contributions or expenditures other than through candidate or committee, so as to require any person who makes expenditures on behalf of candidates to disclose the names of the candidates for whom expenditures are made; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

SB 119. By Senators Chapman of the 3rd, Thomas of the 2nd, Johnson of the 1st, Tolleson of the 20th and Hill of the 4th:
A BILL to be entitled an Act to amend Code Section 27-4-150 of the Official Code of Georgia, relating to taking, possessing, and dealing in crabs and peelers and related record requirements, so as to postpone the date of an automatic repeal of certain provisions related to sponge crabs; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

SB 120. By Senators Seabaugh of the 28th, Balfour of the 9th, Stoner of the 6th, Chance of the 16th, Hill of the 32nd and others:
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 provide legislative findings and intent; to provide definitions; to provide that no state agency shall impose any requirement on broadband service, voice over Internet protocol, or wireless service; to provide that existing requirements are void; to provide for exceptions and construction; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.

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SB 121. By Senators Moody of the 56th, Shafer of the 48th, Hill of the 32nd, Williams of the 19th, Rogers of the 21st and others:
A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required, so as to exempt records of the State Road and Tollway Authority that would reveal the identity, financial accounts, or travel history of an individual who is a motorist on a tollway project; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.
SB 122. By Senators Whitehead, Sr. of the 24th, Grant of the 25th and Cagle of the 49th:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management generally, so as to extend the collection of tire disposal fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 123. By Senators Whitehead, Sr. of the 24th, Johnson of the 1st and Cagle of the 49th:
A BILL to be entitled an Act to amend Code Section 16-12-142 of the Official Code of Georgia Annotated, relating to requiring medical facilities or physicians to perform abortions and requiring others to assist, so as to provide that a pharmacist who states in writing an objection to any abortion shall not be required to fill a prescription for an emergency contraceptive drug which purpose is to induce and effect an abortion; to provide that such refusal shall not be the basis for any claim for damages; to provide for the duration of the effectiveness of the written objection; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 124. By Senators Seabaugh of the 28th, Johnson of the 1st, Balfour of the 9th and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to residential and general contractors, so

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as to change the method of appointing certain members of the board; to provide for certain qualifications concerning licensing for board members; to provide for the time for appointing members of the board; to provide for the time for filing of applications for exemption from examination; to provide for the time for filing applications for certain licensing; to amend Section 2 of an Act approved May 14, 2004 (Ga. L. 2004, p. 786), so as to change the effective date of such Act; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SB 125. By Senators Mullis of the 53rd, Rogers of the 21st, Zamarripa of the 36th, Whitehead, Sr. of the 24th, Stephens of the 27th and others:
A BILL to be entitled an Act to amend Titles 50 and 12 of the O.C.G.A., relating respectively to state government and conservation and natural resources; to promote tourism through a state-wide tourism marketing program and a more focused administrative structure; to provide for implementation and for coordination of other agencies by the Department of Economic Development; to provide corresponding amendments to powers of the Board of Economic Development; to provide for a Georgia Tourism Foundation and the solicitation and disbursement of contributions; to transfer the assignment for administrative purposes of certain venues and authorities with tourism roles to the Department of Economic Development; to provide for appointment of the board of the Music Hall of Fame Authority; to provide for an effective date; to repeal conflicting laws, and for related purposes.
Referred to the Economic Development Committee.
SB 126. By Senators Chance of the 16th, Seay of the 34th, Williams of the 19th, Staton of the 18th, Carter of the 13th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the Georgia Center for the Book; to provide for issuance, renewal, fees, licensing agreements, applications, donation of revenue, and transfers relative to such special license plates; to provide for related matters; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

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SB 127. By Senators Staton of the 18th, Shafer of the 48th, Rogers of the 21st, Williams of the 19th, Douglas of the 17th and others:
A BILL to be entitled an Act to amend Chapter 9 of Title 16 of the O.C.G.A., relating to forgery and fraudulent practices, so as to enact the "Georgia Computer Security Act of 2005"; to provide a short title; to provide definitions; to prohibit certain deceptive acts and practices with regard to computers; to require certain notices be given prior to certain software or programs being loaded onto certain computers; to require certain functions be available in certain software; to provide for certain exceptions; to provide for civil and criminal penalties; to provide for recovery of certain damages; to provide for applicability; to provide for related matters; to amend Code Section 16-14-3 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.

SB 128. By Senators Miles of the 43rd, Butler of the 55th, Fort of the 39th, Seay of the 34th, Henson of the 41st and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to hospital care for nonresident indigents, so as to provide further legislative findings; to provide for alternative procedures and sources of funding for reimbursing hospitals; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

SB 129. By Senators Adelman of the 42nd, Weber of the 40th, Moody of the 56th, Miles of the 43rd and Zamarripa of the 36th:
A BILL to be entitled an Act to amend Code Section 16-12-120 of the O.C.G.A., relating to conduct in public transit buses, rapid rail cars, and rapid rail or intermodal bus stations, so as to provide that it shall be unlawful to solicit money or sell goods or services for a fee to the operator or passengers of a public transit bus or rapid rail car within the confines of such vehicle or inside the paid area of a rapid rail or intermodal bus station; to provide that it shall be unlawful to distribute certain materials to the operator or passengers of a public transit bus or rapid rail car within the confines of such vehicle or within the paid area of any rapid rail station or intermodal bus station; to

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provide for penalties; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
SB 130. By Senators Miles of the 43rd, Williams of the 19th, Butler of the 55th, Goggans of the 7th, Moody of the 56th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding property, so as to provide that churches shall be exempt from the provisions regulating the removal and storage of vehicles from private real property; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
SB 131. By Senator Butler of the 55th:
A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the O.C.G.A., relating to student health, so as to enact the "Georgias Childrens Vision Improvement and Learning Readiness Act of 2005"; to provide for legislative findings; to provide for the State Board of Education to apply for federal funds to develop a state program to provide comprehensive eye examinations for children entering first grade; to require comprehensive eye examinations for all children entering first grade; to provide for a definition of comprehensive eye examination; to provide for the development of program eligibility criteria, a list of providers, a system of provider reimbursement, and a method for evaluation and reporting; to develop and disseminate educational materials about the need for and benefits of comprehensive eye examinations for children; to provide for related matters; to provide for an effective date contingent upon specific appropriations; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

SB 132. By Senator Williams of the 19th:
A BILL to be entitled an Act to amend an Act providing for the Board of Education of Wayne County, approved January 28, 1994 (Ga. L. 1994, p. 3512), as amended, so as to provide for the nonpartisan election of members of that board; to provide for submission of this Act under the federal Voting

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Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes
Referred to the State and Local Governmental Operations Committee.
SB 133. By Senators Balfour of the 9th, Johnson of the 1st and Mullis of the 53rd:
A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fireworks, so as to change the definition of the term "fireworks"; to prohibit the sale of certain combustible or explosive compositions to persons under 16 years of age; to provide for a monetary penalty for sales made in violation of such prohibition; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development Committee.

SB 134. By Senators Kemp of the 46th, Harbison of the 15th, Fort of the 39th, Zamarripa of the 36th and Stephens of the 27th:
A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the Department of Juvenile Justice operate certain programs for persons who violate the terms and conditions of probation; to provide that the Department of Juvenile Justice operate certain community based alternative programs under certain circumstances; to change provisions relating to disposition of a delinquent child; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SR 86. By Senators Chance of the 16th, Seay of the 34th, Carter of the 13th, Staton of the 18th, Rogers of the 21st and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide for a special license plate promoting the Georgia Center for the Book; to provide for the donation of revenue derived from the sales of such license plates to such organization and for deposit other than into the general fund; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

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SR 88. By Senators Fort of the 39th, Stephens of the 27th, Seay of the 34th, Tate of the 38th, Miles of the 43rd and others:
A RESOLUTION creating the Henry McNeal Turner Tribute Commission and authorizing the placement of a statue on the grounds of the state capitol building; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
The following House legislation was read the first time and referred to committee:
HB 68. By Representatives Shaw of the 176th and Houston of the 170th:
A BILL to be entitled an Act to amend an Act incorporating the City of Ray City, approved March 17, 1960 (Ga. L. 1960, p. 2473), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4040), so as to provide for staggered, four-year terms for the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 88. By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to provide a homestead exemption from Lumpkin County school district ad valorem taxes for educational purposes in the amount of $120,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 99. By Representatives Smith of the 129th and Buckner of the 130th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Hamilton, approved March 10, 1964 (Ga. L. 1964, p. 2601), as amended, so as to provide for the filling of vacancies in the offices of the mayor or councilmen; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 143. By Representative Channell of the 116th:
A BILL to be entitled an Act to provide for a homestead exemption from Greene County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 144. By Representative Channell of the 116th:
A BILL to be entitled an Act to provide for a homestead exemption from Greene County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 146. By Representatives Channell of the 116th, Parham of the 141st and Hudson of the 124th:
A BILL to be entitled an Act to create a board of elections and registration for Putnam 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 certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 151. By Representative Martin of the 47th:
A BILL to be entitled an Act to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications for drivers licenses and information on licensees, so as to extend the pilot program to determine the revenue feasibility of supplying limited rating information to agents, insurers, and insurance support organizations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

HB 199. By Representative Willard of the 49th:
A BILL to be entitled an Act 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; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 52 SB 53 SB 86

Do Pass Do Pass Do Pass

Respectfully submitted, Senator Smith of the 52nd District, Chairman

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Mr. President:

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

HB 98 SR 54

Do Pass as amended Do Pass
Respectfully submitted, Senator Tolleson of the 20th District, Chairman

The following legislation was read the second time:

SB 4 SB 26

SB 56 SB 77

SB 87 SB 88

SB 89

SB 97

SR 33

Senator Butler of the 55th asked unanimous consent that Senator Miles of the 43rd be excused. The consent was granted, and Senator Miles was excused.

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

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

Adelman Balfour Bulloch Butler Cagle Carter Chance Chapman Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Heath Henson

Hill,Jack Hill,Judson Hooks Hudgens Johnson Jones Kemp Me V Bremen Moody Mullis Pearson Powell Reed Rogers Schaefer Seabaugh Seay Shafer,D

Smith Starr Staton Stephens Stoner Tate Thomas,D Thomas,R Thompson,C Thompson,S Tolleson Unterman Weber Whitehead Wiles Williams Zamarripa

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Not answering were Senators:

Brown

Miles (Excused)

Walker (Excused)

The members pledged allegiance to the flag.

Senator Staton of the 18th introduced the chaplain of the day, Dr. Gary E. Parker of Decatur, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 84. By Senators Kemp of the 46th and Hudgens of the 47th:

A RESOLUTION commending Larry Risse; and for other purposes.

SR 85. By Senator Meyer von Bremen of the 12th:

A RESOLUTION recognizing and commending Bradley Benson; and for other purposes.

SR 87. By Senators Meyer von Bremen of the 12th, Golden of the 8th, Hooks of the 14th, Harbison of the 15th, Hill of the 4th and others:

A RESOLUTION commending the Georgia Rural Health Association and recognizing Rural Health Day; and for other purposes.

HR 143. By Representatives Richardson of the 19th, Burkhalter of the 50th, Keen of the 179th, Fleming of the 117th and Burmeister of the 119th:

A RESOLUTION recognizing February 6 as "Ronald Reagan Day" in the State of Georgia; and for other purposes.

SR 89. By Senators Hamrick of the 30th, Kemp of the 46th, Johnson of the 1st, Stephens of the 27th, Goggans of the 7th and others:

A RESOLUTION remembering and honoring the life of Doris Avery Greene Mullis; and for other purposes.

Senator Kemp of the 46th spoke to SR 89, honoring the life of Doris Avery Greene Mullis and offering condolences to Senator Mullis of the 53rd and his family.

Senator Bulloch of the 11th introduced the doctor of the day, Dr. Lawrence Floor.

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SENATE RULES CALENDAR MONDAY, FEBRUARY 7, 2005 THIRTEENTH LEGISLATIVE DAY

SB 55

Accountancy, Board; change composition; certification; provisions (Substitute)(RI&Util-28th)

SB 68

Real Estate Appraisers; change definitions; continuing education courses; prov (Substitute)(RI&Util-28th)

Respectfully submitted,

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

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

SB 55. 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 change the composition of the state board of accountancy; 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 O.C.G.A.; to amend Article 13 of Chapter 1 of Title 7 of the O.C.G.A.; to amend Chapter 12 of Title 16 of the O.C.G.A.; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate Regulated Industries and Utilities Committee offered the following substitute to SB 55:

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 change the composition of the state board of accountancy; 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

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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 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 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, 2005, 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, 2005, 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, 2005, the board shall not consider any application for a certificate of registered public accountant.
SECTION 3. Said chapter is further amended by repealing Code Section 43-3-14, relating to examinations for registered public accountants, and inserting in its place the following:
43-3-14.

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(a) The board may provide, by regulation, for the general scope of the examination described in paragraph (4) of subsection (a) of Code Section 43-3-13. The board may approve the examination and obtain advice and assistance in providing for and grading such examination and the division director, with the approval of the board, may contract with third parties to perform administrative services with respect to the examination as he or she deems appropriate. (b) As a prerequisite to sit for the examination, candidates shall meet the education requirements provided for in subparagraph (a)(3)(A) of Code Section 43-3-13. (c) An applicant for the certificate of registered public accountant who has successfully completed the examination provided for in paragraph (4) of subsection (a) of Code Section 43-3-13 shall have no status as a registered public accountant until he or she has the requisite education and experience and has received his or her certificate as a registered public accountant. (d) The board, by regulation, may provide for granting a credit to any applicant for satisfactory completion of an examination in any one or more of the subjects provided for by paragraph (4) of subsection (a) of Code Section 43-3-13 given by the licensing authority in another jurisdiction. Such regulations shall include such requirements as the board deems appropriate to ensure that any examination approved as a basis for any such credit, in the judgment of the board, shall be at least as thorough as the examination approved by the board at the time of the granting of such credit. (e) The board, by regulation, may prescribe the time and conditions under which an applicant may retain credit for passing a portion or portions of the examination provided for in paragraph (4) of subsection (a) of Code Section 43-3-13. (f) Application for certification by persons who are not residents of this state shall constitute the appointment of the Secretary of State as the agent for service of process in any action or proceeding against such applicant arising out of any transaction, activity, or operation connected with or incidental to the practice of public accounting in this state by nonresident holders of registered public accountant certificates Reserved."
SECTION 4. Said chapter is further amended by repealing Code Section 43-3-16, relating to certificate holder as "registered public accountant," and inserting in its place the following:
43-3-16. Any person who has received a certificate as a registered public accountant from the board and who holds a live permit may be styled and known as a 'registered public accountant.' The division director shall maintain a list of registered public accountants; and, for this purpose, the board may provide by regulation a procedure whereby all registered public accountants are required to register with the board periodically Reserved.

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SECTION 5. Said chapter is further amended by repealing Code Section 43-3-18, relating to reciprocity for registered public accountants, and inserting in its place the following:
43-3-18. The board, in its discretion, may waive the examination provided for in paragraph (4) of subsection (a) of Code Section 43-3-13 and may issue a certificate as a registered public accountant to any person who possesses the qualifications specified in paragraphs (1) and (2) of subsection (a) of Code Section 43-3-13 and what the board determines to be the substantial equivalent of the qualifications under paragraph (3) of subsection (a) of Code Section 43-3-13 and who is a holder of a certificate as a registered public accountant, then in full force and effect, issued under the laws of another state, provided that the certificate held by such person was issued after an examination which, in the judgment of the board, is the equivalent of the standard established by the board for examinations administered pursuant to paragraph (4) of subsection (a) of Code Section 43-3-13; and provided, further, that such privileges are extended to citizens of this state by the state originally granting the certificate Reserved.
SECTION 6. Said chapter is further amended by repealing Code Section 43-3-19, relating to persons holding registered public accountant certificates as of July 1, 1977, and inserting in its place the following:
43-3-19. Persons who hold registered public accountant certificates issued prior to July 1, 1977, under the laws of this state shall not be required to undergo recertification under this chapter but shall otherwise be subject to all applicable provisions of this chapter. Such certificates issued prior to July 1, 1977, shall be considered certificates issued under and subject to this chapter for all purposes Reserved.
SECTION 7. 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

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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 8. 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 9. 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 10. 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 11. 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 12. 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.

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SECTION 13. 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 14. 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 15. 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 16. This Act shall become effective on July 1, 2005.
SECTION 17. 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 40, 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 Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson N Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 54, nays 1.

SB 55, having received the requisite constitutional majority, was passed by substitute.

SB 68. By Senators Seabaugh of the 28th, Johnson of the 1st, Stephens of the 27th, Balfour of the 9th, Brown of the 26th and others:

A BILL to be entitled an Act to amend Chapter 39A of Title 43 of the O.C.G.A., relating to real estate appraisers, so as to change certain definitions; to provide for board member recusals under certain circumstances; to provide for board approval of schools and instructors offering continuing education courses; to change certain provisions relating to hearings and investigations; to amend Chapter 40 of Title 43 of the O.C.G.A., relating to real estate brokers and salespersons, so as to change certain definitions; to provide for recusal of a commission member in certain circumstances; to change a provision relating to

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removal of a commission member; to provide for the appointment of a director or coordinator for each approved school; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate Regulated Industries and Utilities Committee offered the following substitute to SB 68:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to change certain definitions; to provide for board member recusals under certain circumstances; to provide for board approval of schools and instructors offering continuing education courses; to change certain provisions relating to hearings and investigations; to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to change certain definitions; to provide for recusal of a commission member in certain circumstances; to change a provision relating to removal of a commission member; to provide for the appointment of a director or coordinator for each approved school; to provide requirements for school approval; to provide for the commissions power to regulate school approvals; to provide for hearings relating to refusal to approve a school; to change provisions relating to investigation of complaints; 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 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, is amended by inserting immediately following paragraph (8) of Code Section 43-39A-2, relating to definitions, a new paragraph (8.1) to read as follows:
(8.1) 'Classification' means any license, certification, registration, approval, or similar authorization to practice a trade or profession permitted by this chapter or by similar statutes in this or other states by whatever designation such authorization to practice may be known.
SECTION 2. Said chapter is further amended by striking Code Section 43-39A-3, relating to the Georgia Real Estate Appraisers Board, and inserting in lieu thereof the following:
43-39A-3. (a) There is created the Georgia Real Estate Appraisers Board, which shall consist of five members. All members must be residents of Georgia. One member shall be a public member. The public member of the board shall not be connected in any way with the practice of real estate appraisal, real estate brokerage, or mortgage lending. Four

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members shall be real estate appraisers who have been actively engaged in the real estate appraisal business for at least three years. In appointing real estate appraisers to the board, while not automatically excluding other appraisers, the Governor shall give preference to real estate appraisers who do not hold an active, occupational license which authorizes their work in real estate brokerage or mortgage lending activities, who do not have a financial interest in any real estate brokerage firm or mortgage lending firm, and who are not employees of real estate brokerage firms or mortgage lending firms. (b) The Governor shall appoint the members of the board, subject to confirmation by the Senate, with consideration given to appropriate geographic representation and to areas of appraisal expertise. Any such appointments made when the Senate is not in session shall be effective until acted upon by the Senate. (c) The term of each member of the board shall be five years, except that one of the successors to the two members first appointed to serve until July 1, 1992, shall be appointed to serve until July 1, 1994, and one of the successors to the two members first appointed to serve until July 1, 1993, shall be appointed to serve until July 1, 1995. In the event of a vacancy, the Governor shall appoint a person to fill such vacancy and the person so appointed shall serve for the remainder of the unexpired term. A member of the board shall recuse himself or herself from voting on matters in which the member has a conflict of interest. Whenever an investigation authorized by this chapter results in the boards initiating a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' against a member, such member shall be recused from voting on any investigative matter until the contested case involving such member is resolved. (d) Upon expiration of their terms, members of the board shall continue to hold office until the appointment and qualification of their successors. The Governor, after giving notice and opportunity for a hearing, may remove from office any member of the board for any of the following:
(1) Inability to perform or neglecting to perform the duties required of members; (2) Incompetence; or (3) Dishonest conduct.; or (4) Having a disciplinary sanction, other than a citation authorized by this chapter, imposed by any professional licensing agency on such members right to practice a trade or profession. (e) The members of the board shall annually elect a chairperson from among the members to preside at board meetings. (f) The board shall meet at least once each calendar quarter, or as often as is necessary, and remain in session as long as the chairperson shall deem it necessary to give full consideration to the business before the board. A quorum of the board shall be three members. Members of the board or others may be designated by the chairperson of the board, in a spirit of cooperation, to confer with similar boards of other states, attend interstate meetings, and generally do such acts and things as may seem advisable to the board in the advancement of the profession and the standards of real estate appraisal

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activity. (g) Each member of the board shall receive as compensation for each day actually spent on his or her official duties at scheduled meetings and for time actually required in traveling to and from its meetings, not to exceed one days traveling time, the sum of $25.00 and his or her actual and necessary expenses incurred in the performance of official duties. (h) The commission shall supply staff support for the board. The commissioner shall serve as executive officer of the board. The commissioner shall be charged with the duties and powers as delegated by the board.
SECTION 3. Said chapter is further amended by striking subsection (c) of Code Section 43-39A-8, relating to establishment of appraiser classifications complying with federal law, and inserting in lieu thereof the following:
(c) The board, through its rules and regulations, shall establish standards for offering of all education courses required by this Code section and for the approval of schools and instructors to offer the education courses required by this chapter. Each approved school must comply with the provisions of Code Section 43-40-15 et seq. Each approved school must designate an individual approved by the board to act as its director or coordinator, and such designated individual shall be responsible for assuring that the approved school complies with the requirements of this chapter and its rules and regulations. No school approval shall be granted to a school unless:
(1) Said school designates an individual approved by the board to act as its director or coordinator who shall be responsible for assuring that the school and its approved instructors comply with the provisions of this chapter and its attendant rules and regulations; and (2) Said school authorizes its director or coordinator to bind the school to any settlement of a contested case before the board as defined in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' in which said school may be a named respondent. Violations of this chapter or its rules and regulations by an approved school shall subject the school and its director or coordinator to sanction as authorized by this chapter.
SECTION 4. Said chapter is further amended by striking Code Section 43-39A-13, relating to the power of the board to regulate the issuance of appraiser classifications, and inserting in lieu thereof the following:
43-39A-13. The board, through its rules and regulations, shall have the full power to regulate the issuance of appraiser classifications,; to discipline appraisers in any manner permitted by this chapter,; to establish qualifications for appraiser classifications consistent with

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this chapter,; to regulate approved courses, instructors, and schools; and to establish standards for real estate appraisals. Except for conducting an investigation as provided in this chapter, the board is authorized to enter into such contracts as are necessary to carry out its duties under this chapter; provided, however, the board may enter into contracts to assist it in the conduct of investigations authorized by this chapter only whenever it needs special legal or appraisal expertise or other extraordinary circumstances exist. Whenever the board contracts to perform such investigative functions, any such contractor working on an investigation authorized by this chapter shall be under the supervision of the board or a duly authorized representative of the board. Any contractor used by the board shall be knowledgeable in the work area for which such contractor is retained. A contractor shall not be empowered to determine the disposition of any investigation nor to make any discretionary decision that the board is authorized by law to make. Notwithstanding any other provision of law, the board is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required under this chapter. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury; provided, however, that nothing in this Code section shall be construed so as to allow the board to retain any funds required by the Constitution to be paid into the state treasury; provided, further, that the board shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-1292, prior to expending any such funds.
SECTION 5. Said chapter is further amended by inserting at the end of Code Section 43-39A-14, relating to the required conduct of applicants, refusal of classification, and imposition of sanctions, a new subsection (m) to read as follows:
(m) The provisions of this Code section applicable to licensees shall also apply to approvals issued by the board.
SECTION 6. Said chapter is further amended by striking subsection (a) of Code Section 43-39A-15, relating to hearings in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," and inserting in lieu thereof the following:
(a) If the board, after an application in proper form has been filed with it, accompanied by the proper fee, shall refuse to issue an appraiser classification or approval to such applicant, the board shall provide an opportunity for a hearing for such applicant in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Unless otherwise agreed to by the board, all such hearings shall be held in the county of domicile of the board.
SECTION 7. Said chapter is further amended by striking subsections (a) and (d) of Code Section 43-

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39A-22, relating to investigations, and inserting in lieu thereof the following: (a) The board may, upon its own motion, and shall, upon the sworn written request of any person, investigate the actions of any appraiser, applicant, or school approved by the board; provided, however, that, whenever a request for investigation involves an appraisal report which varies from a sales, lease, or exchange price by 10 20 percent or less, or, if the appraiser is acting as a tax consultant, which varies from the tax assessors value by 20 percent or less, the board may in its discretion decline to conduct an investigation. Except for investigations of applicants for appraiser classifications, investigations of allegations of fraudulent conduct, or investigations of possible violations of this chapter which have been litigated in the courts or arise from litigation in the courts, the board shall not initiate an investigation on its own motion or upon a sworn written request for investigation unless the act or acts which may constitute a violation of this chapter occurred within three five years of the initiation of the investigation.
(d) The results of all investigations shall be reported only to the board or to the commissioner and the records of such investigations shall not be subject to subpoena in civil actions. Records of investigations shall be kept by the board and no part of any investigative record shall be released for any purpose other than a hearing before the board or its designated hearing officer, review by another law enforcement agency or lawful licensing authority upon issuance of a subpoena from such agency or authority or at the discretion of the board upon an affirmative vote of all members a majority of the quorum of the board, review by the respondent after the service of a notice of hearing, review by the boards legal counsel, or an appeal of a decision by the board to a court of competent jurisdiction; provided, however, if an investigation authorized by this chapter results in the boards filing a notice of hearing or entering into settlement discussions with a member of the board, the commissioner shall immediately notify the Governor or the Governors legal counsel of such action by the board. After service of a notice of hearing, a respondent shall have a right to obtain a copy of the investigative record pertaining to the respondent.
SECTION 8. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended in Code Section 43-40-1, relating to definitions, by inserting a new paragraph (4.5) and by striking paragraph (5) and inserting in lieu thereof the following:
(4.5) 'License' means any authorization or approval to practice a trade or profession permitted by this chapter or by similar statutes in this or other states by whatever designation such authorization to practice may be known. (5) 'Licensee' means any person who is licensed as a community association manager, salesperson, associate broker, or broker, or qualifying broker or who holds an approval authorized by this chapter or similar designations in this or other states.

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SECTION 9. Said chapter is further amended in Code Section 43-40-2, relating to creation of the commission, by inserting immediately following subsection (b) a new subsection (b.1) and by striking subsection (c) and inserting in lieu thereof the following:
(b.1) A member of the commission shall recuse himself or herself from voting on matters in which the member has a conflict of interest. Whenever an investigation authorized by this chapter results in the commissions initiating a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' against a member, such member shall be recused from voting on any investigative matter until the contested case involving such member is resolved. (c) The Governor, after giving notice and an opportunity for a hearing, may remove from office any member of the commission for any of the following:
(1) Inability to perform or neglecting to perform the duties required of members; (2) Incompetence; or (3) Dishonest conduct.; or (4) Having a disciplinary sanction, other than a citation authorized by this chapter, imposed by any professional licensing agency on such members right to practice a trade or profession.
SECTION 10. Said chapter is further amended by striking subsection (i) of Code Section 43-40-8, relating to the qualifications of licensees, and inserting in lieu thereof the following:
(i) The commission, through its rules and regulations, shall establish standards for the approval of schools and instructors to offer the education courses required by this chapter. Each approved school must comply with Code Section 43-40-15 et seq. Each approved school must designate an individual approved by the commission to act as its director or coordinator, and such designated individual shall be responsible for assuring that the approved school complies with the requirements of this chapter and its rules and regulations. If an approved school is organized as a business entity, such school and designated individuals shall be subject to the same requirements of business entities and their qualifying brokers as identified in this chapter. The commission, through its rules and regulations, shall establish standards for the offering of the prelicense education courses required by this chapter by methods of instruction, which it deems to be educationally sound, other than in-class instruction. The commission, through its rules and regulations, may establish standards for the offering of continuing education courses required by this chapter by methods of instruction, which it deems to be educationally sound, other than in-class instruction.
SECTION 11. Said chapter is further amended by striking Code Section 43-40-10, relating to the granting of a brokers, associate brokers, salespersons, or community association managers license to a firm, and inserting in lieu thereof the following:

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43-40-10.
(a) No brokers license shall be granted to a firm unless: (1) Said said firm designates an individual licensed as a broker as its qualifying broker who shall be responsible for assuring that the firm and its affiliated licensees comply with the provisions of this chapter and its attendant rules and regulations; and (2) Said said firm authorizes its qualifying broker to bind the firm to any settlement of a contested case before the commission as defined in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' in which said firm may be a named respondent. Violations of this chapter or its rules and regulations by a firm licensed as a broker shall subject the license of the qualifying broker to sanction as authorized by this chapter. No brokers license shall be granted to a firm unless every person who acts as a licensee for such firm shall hold a real estate license.
(b) No school approval shall be granted unless: (1) Said school designates an individual approved by the commission to act as its director or coordinator who shall be responsible for assuring that the school and its approved instructors comply with the provisions of this chapter and its attendant rules and regulations; and (2) Said school authorizes its director or coordinator to bind the school to any settlement of a contested case before the commission as defined in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' in which said school may be a named respondent.
Violations of this chapter or its rules and regulations by an approved school shall subject the school and its director or coordinator to sanction as authorized by this chapter. (b)(c) No associate brokers, salespersons, or community association managers license shall be granted to a corporation, limited liability company, or partnership unless said corporation, limited liability company, or partnership designates an individual who holds the same type of license as its qualifying licensee who shall be responsible for assuring that the corporation, limited liability company, or partnership complies with the provisions of this chapter and its attendant rules and regulations. Violations of this chapter or rules and regulations by a corporation, limited liability company, or partnership licensed as an associate broker, salesperson, or community association manager shall subject both the license of the entity and the license of the qualifying licensee to sanction as authorized by this chapter. The qualifying licensee shall be the only licensee of a corporation, limited liability company, or partnership licensed as an associate broker, salesperson, or community association manager. The license of a corporation, limited liability company, or partnership licensed as an associate broker, salesperson, or community association manager must be assigned to a licensed broker. The licensed associate broker, salesperson, community association manager, corporation, limited liability company, or partnership or qualifying licensee may not engage in the brokerage business except in behalf of the broker to whom its
license is assigned.

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SECTION 12. Said chapter is further amended by striking Code Section 43-40-14, relating to the power of the commission to issue, revoke, or suspend licenses and censure licenses, and inserting in lieu thereof the following:
43-40-14. The commission shall have the full power to regulate the issuance of licenses or approvals, to revoke or suspend licenses or approvals issued under this chapter, and to censure licensees licenses or approvals. The commission is authorized to enter into such contracts as are necessary to carry out its duties under this chapter; provided, however, the commission may enter into contracts to assist it in the conduct of investigations and examinations of brokers trust accounts authorized by this chapter only whenever it needs special legal or accounting expertise or other extraordinary circumstances exist. Whenever the commission contracts to perform such investigation or examination of trust account functions, any such contractor working on an investigation or examination of a trust account authorized by this chapter shall be under the supervision of the commission or an employee of the commission. Any contractor used by the commission shall be knowledgeable in the work area for which such contractor is retained. A contractor shall not be empowered to determine the disposition of any investigation or examination of a trust account nor to make any discretionary decision that the commission is authorized by law to make. Notwithstanding any other provision of law, the commission is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required under this chapter. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury; provided, however, that nothing in this Code section shall be construed so as to allow the commission to retain any funds required by the Constitution to be paid into the state treasury; provided, further, that the commission shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such funds.
SECTION 13. Said chapter is further amended by inserting at the end of Code Section 43-40-15, relating to the grant, revocation, or suspension of licenses, a new subsection (n) to read as follows:
(n) The provisions of this Code section applicable to licensees shall also apply to approvals issued by the Commission.
SECTION 14. Said chapter is further amended by striking subsection (a) of Code Section 43-40-16, relating to the nonacceptance of applications for licenses, and inserting in lieu thereof the following:
(a) If the commission, after an application in proper form has been filed with it, accompanied by the proper fee, shall refuse to issue a license or approval to such

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applicant, the commission shall provide an opportunity for a hearing for such applicant in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Unless otherwise agreed by the commission, all such hearings shall be held in the county of the domicile of the commission.

SECTION 15. Said chapter is further amended by striking subsection (d) of Code Section 43-40-27, relating to investigation of complaints, and inserting in lieu thereof the following:
(d) The results of all investigations shall be reported only to the commission or to the commissioner, and the records of such investigations shall not be subject to subpoena in civil actions. Records of investigations shall be kept by the commission and no part of any investigative record shall be released for any purpose other than a hearing before the commission or its designated hearing officer, review by another law enforcement agency or lawful licensing authority upon issuance of a subpoena from such agency or authority or at the discretion of the commission upon an affirmative vote of all members a majority of the quorum of the commission, review by the respondent after the service of a notice of hearing, review by the commissions legal counsel, or an appeal of a decision by the commission to a court of competent jurisdiction; provided, however, that if an investigation authorized by this Code section results in the commissions filing a notice of hearing or entering into settlement discussions with a member of the commission, the commissioner shall immediately notify the Governor or the Governors executive counsel of such action by the commission. After service of a notice of hearing, a respondent shall have a right to obtain a copy of the investigative record pertaining to the respondent. Nothing in this subsection shall prevent the commission, in its sole discretion, from notifying persons who request investigations or respondent licensees of the receipt of a request for investigation or the commissions disposition of the investigation nor from making available to the public any documents that become a public record during the hearing process authorized by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

SECTION 16. 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 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 Hill,Jack Y Hill,Judson

Y Smith Y Starr

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Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 55, nays 0.

SB 68, having received the requisite constitutional majority, was passed by substitute.

Senator Stephens of the 27th moved that the Senate adjourn until 10:00 a.m. Tuesday, February 8, 2005.

The motion prevailed, and the President announced the Senate adjourned at 1:57 p.m.

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Senate Chamber, Atlanta, Georgia Tuesday, February 8, 2005 Fourteenth 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 House:

HB 67.

By Representatives Ehrhart of the 36th, Willard of the 49th, Martin of the 47th, Jennings of the 82nd, Lunsford of the 110th and others:

A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government in general, so as to provide for neutrality of state law with respect to freedom of decision to provide or not provide certain benefits to unmarried persons; to provide that state and local government entities shall comply with such policy of neutrality; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

HR 165. By Representatives Keen of the 179th and Porter of the 143rd:

A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.

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257

The following Senate legislation was introduced, read the first time and referred to committee:
SB 12. By Senators Thompson of the 5th, Golden of the 8th, Henson of the 41st, Meyer von Bremen of the 12th, Brown of the 26th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government in general, so as to provide for qualifications with respect to certain call centers; to provide for definitions; to provide for construction; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 135. By Senators Smith of the 52nd, Hill of the 32nd, Grant of the 25th, Kemp of the 46th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings, so as to provide for procedures related to jurisdiction and indictment for children charged with crimes within the jurisdiction of superior courts; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 136. By Senators Smith of the 52nd, Hill of the 32nd, Wiles of the 37th and Weber of the 40th:
A BILL to be entitled an Act to amend Code Section 15-11-47 of the Official Code of Georgia Annotated, relating to procedure on taking child into custody, detention, and bail, so as to provide for bail for children alleged to be delinquent or unruly; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 137. By Senator Schaefer of the 50th:
A BILL to be entitled an Act to amend an Act to create the office of Commissioner of Towns County, approved March 14, 1984 (Ga. L. 1984, p. 4130), as amended, so as to reconstitute the board of commissioners of Towns County and revise and restate the law relating to the board; to provide for continuation in office of the present sole county commissioner; to provide for

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the establishment of commissioner districts; to provide for the election and terms of office for subsequent members; to provide for filling vacancies; to provide for the powers, duties, and authority of the chairperson and members of the board; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 138. By Senators Stoner of the 6th, Rogers of the 21st, Hill of the 32nd and Wiles of the 37th:
A BILL to be entitled an Act to amend an Act creating the Cobb CountyMarietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5296), an Act approved March 30, 1989 (Ga. L. 1989, p. 4711), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4121), so as to change the membership, vacancy, and quorum provisions regarding the authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 139. By Senators Seabaugh of the 28th, Hill of the 32nd, Williams of the 19th and Harbison of the 15th:
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 for torts, so as to limit liability and damages in certain circumstances; to provide for limited liability for certain liquefied petroleum gas providers; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 140. By Senators Williams of the 19th and Cagle of the 49th:
A BILL to be entitled an Act to amend Article 2 of Chapter 20A of Title 33 of the O.C.G.A., relating to the patients right to independent review, so as to revise and add definitions; to change references to conform to revised and new terms; to amend Article 7 of Chapter 4 of Title 49 of the O.C.G.A., relating to medical assistance generally, so as to strike Code Section 49-4-156, which is reserved, and inserting a new Code Section 49-4-156 to provide that certain requirements shall not apply to health maintenance organizations which

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contract with the department of community health; to amend Article 13 of Chapter 5 of Title 49 of the O.C.G.A., relating to PeachCare for Kids, so as to provide for a definition;
Referred to the Health and Human Services Committee.
SB 141. By Senator Balfour of the 9th:
A BILL to be entitled an Act to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to prohibit pyramid promotional schemes; to provide definitions; to provide for penalties and procedures; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 142. By Senators Mullis of the 53rd, Reed of the 35th, Smith of the 52nd and Zamarripa of the 36th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the 501(c)(3) foundation of the Atlanta Braves professional sports team in Georgia; to provide for issuance, renewal, fees, licensing agreements, applications, transfers, and disposition of funds relative to such special license plates; to provide for related matters; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 143. By Senators Mullis of the 53rd, Pearson of the 51st, Schaefer of the 50th and Whitehead, Sr. of the 24th:
A BILL to be entitled an Act to amend Code Section 50-8-150 of the Official Code of Georgia Annotated, relating to the creation of the State Advisory Committee on Rural Development, so as to create the Georgia Rural Development Council; to provide for its duties and responsibilities; to provide for the composition of the council; to provide for membership, officers, and terms of office; to provide for bylaws; to provide for compensation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development Committee.

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SB 144. By Senators Mullis of the 53rd, Pearson of the 51st, Schaefer of the 50th and Whitehead, Sr. of the 24th:
A BILL to be entitled an Act to amend Code Section 50-8-150 of the Official Code of Georgia Annotated, relating to the creation of the State Advisory Committee on Rural Development, so as to create the Georgia Rural Development Council; to provide for its duties and responsibilities; to provide for the composition of the council; to provide for membership, officers, and terms of office; to provide for bylaws; to provide for compensation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development Committee.
SB 145. By Senators Grant of the 25th, Butler of the 55th and Staton of the 18th:
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 define certain terms; to provide for a certificate of registration for hair braiders and hair designers; to provide for qualifications; to provide for application and fees; to provide for reciprocity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SR 100. By Senators Smith of the 52nd, Kemp of the 46th, Mullis of the 53rd, Thomas of the 54th, Pearson of the 51st and others:
A RESOLUTION urging professional athletes to exhibit proper conduct and good sportsmanship on and off the field of play and urging professional franchises and their governing bodies to take appropriate actions to ensure proper behavior by the players; and for other purposes.
Referred to the Insurance and Labor Committee.
The following House legislation was read the first time and referred to committee:
HB 67. By Representatives Ehrhart of the 36th, Willard of the 49th, Martin of the 47th, Jennings of the 82nd, Lunsford of the 110th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government in general, so as to provide for neutrality of state law with respect to freedom of decision to provide or not provide certain benefits to unmarried persons; to provide that

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state and local government entities shall comply with such policy of neutrality; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations (General) Committee.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 92

Do Pass

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

Mr. President:

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

SR 80

Do Pass

Respectfully submitted, Senator Thomas of the 2nd District, Chairman

The following legislation was read the second time:

HB 98

SB 52

SB 53

SB 86

SR 54

Senator Stoner of the 6th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

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

Adelman Balfour Brown Bulloch Butler Cagle

Henson Hill,Jack Hill,Judson Hooks Hudgens Johnson

Shafer,D Smith Starr Staton Stephens Stoner

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Carter Chance Chapman Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Heath

Jones Kemp Me V Bremen Miles Moody Mullis Pearson Powell Rogers Schaefer Seabaugh Seay

Tate Thomas,D Thomas,R Thompson,C Tolleson Unterman Walker Weber Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Reed

Thompson, S (Excused)

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

The members pledged allegiance to the flag.

Senator Hill of the 32nd introduced the chaplain of the day, Father Steve Yander of Atlanta, Georgia, who offered scripture reading and prayer.

The President recognized Bishop Eddie Long.

Senator Adelman of the 42nd introduced the doctor of the day, Dr. Michael Robinowitz.

Senator Bulloch of the 11th recognized the President of the Georgia Farm Bureau, Dr. Wayne Dollar, commended by SR 72, adopted previously.

The following resolutions were read and adopted:

SR 90. By Senator Harbison of the 15th:
A RESOLUTION recognizing the contributions of black contractors to the State of Georgia and declaring February 10, 2005, as Black Contractors Day in Georgia; and for other purposes.

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263

SR 91. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Reverend Rudolph Carter Allen; and for other purposes.
SR 92. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Mr. Clement O. McIntosh II; and for other purposes.
SR 93. By Senators Hudgens of the 47th, Cagle of the 49th, Kemp of the 46th, Johnson of the 1st and Stephens of the 27th:
A RESOLUTION recognizing and commending Ward Black, Winner of the National Future Farmers of America Proficiency Award for Home and Community Development; and for other purposes.
SR 94. By Senators Hudgens of the 47th, Cagle of the 49th, Kemp of the 46th, Johnson of the 1st and Stephens of the 27th:
A RESOLUTION recognizing and commending Emily Byers, Winner of the National Future Farmers of America Proficiency Award for Agricultural Communications; and for other purposes.
SR 95. By Senator Williams of the 19th:
A RESOLUTION honoring Mr. and Mrs. Richard S. Herring on the occasion of their 70th wedding anniversary; and for other purposes.
SR 96. By Senators Chapman of the 3rd, Thomas of the 2nd, Schaefer of the 50th and Williams of the 19th:
A RESOLUTION recognizing and commending Mrs. Sheila M. McNeill, National President of the Navy League of the United States; and for other purposes.
SR 97. By Senators Cagle of the 49th, Kemp of the 46th, Douglas of the 17th, Carter of the 13th, Hill of the 32nd and others:
A RESOLUTION recognizing the Georgia Recreation and Parks Association; and for other purposes.

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SR 98. By Senators Smith of the 52nd, Mullis of the 53rd and Thomas of the 54th:
A RESOLUTION recognizing and commending Coosa High School, winners of the 2004 AA Governor's Cup; and for other purposes.
SR 99. By Senator Kemp of the 46th:
A RESOLUTION recognizing and commending the Georgia State Lodge, Fraternal Order of Police for its outstanding service to the law enforcement officers of this state; and for other purposes.
SR 101. By Senators Grant of the 25th, Mullis of the 53rd, Douglas of the 17th, Seabaugh of the 28th, Harp of the 29th and others:
A RESOLUTION recognizing and commending Georgia Military College and its student body for supporting the war in Iraq; and for other purposes.
SR 102. By Senators Bulloch of the 11th, Kemp of the 46th, Tolleson of the 20th, Hudgens of the 47th, Hill of the 4th and others:
A RESOLUTION recognizing and commending the Future Farmers of America; and for other purposes.
SR 103. By Senators Thompson of the 33rd, Stoner of the 6th, Hill of the 32nd, Rogers of the 21st and Wiles of the 37th:
A RESOLUTION remembering and honoring the life of George Edward Bentley; and for other purposes.
SR 104. By Senators Douglas of the 17th, Johnson of the 1st, Stephens of the 27th, Bulloch of the 11th, Balfour of the 9th and others:
A RESOLUTION designating March 16th as Atlanta Motor Speedway Day at the state capitol; and for other purposes.
SR 105. By Senator Golden of the 8th:
A RESOLUTION commending and congratulating Coach Charles Cooper; and for other purposes.

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265

SR 106. By Senators Golden of the 8th and Carter of the 13th:

A RESOLUTION commending and congratulating the Valdosta State University Football Team; and for other purposes.

SR 107. By Senator Golden of the 8th:

A RESOLUTION celebrating the Lowndes High School Football Team, winners of the AAAAA State Championship; and for other purposes.

SR 108. By Senators Rogers of the 21st, Heath of the 31st, Stephens of the 27th, Balfour of the 9th, Mullis of the 53rd and others:

A RESOLUTION recognizing the contributions of home education and declaring Thursday, February 10, 2005, Home School Day at the Capitol; and for other purposes.

SR 109. By Senator Hill of the 4th:

A RESOLUTION commending Steven Smith upon being named the 2005 winner of the Kansas One Shot Governor's Turkey Hunt Essay Contest; and for other purposes.

SENATE RULES CALENDAR TUESDAY, FEBRUARY 8, 2005 FOURTEENTH LEGISLATIVE DAY

SB 56

Tuberculosis Hospitalization; definition; confinement provision; revise (Amendment)(H&HS-54th)

SB 87

Georgia Seed Law; preempt certain local ordinances; exemptions (AG&CA-11th)

SB 88

Georgia Fertilizer Act; preempt certain local ordinances; exemptions (AG&CA-11th)

SB 89

Controlled Substances, Schedule I; definitions, exceptions; change provisions (H&HS-54th)

SB 97

Juvenile Court Supervision Fees; used for truancy intervention services (S JUDY-30th)

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SR 33

Gwinnett University Center; approve creation of four-year college (H ED-9th)

Respectfully submitted,

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

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

SB 56. By Senators Thomas of the 54th, Unterman of the 45th, Harbison of the 15th, Hooks of the 14th, Pearson of the 51st and others:

A BILL to be entitled an Act to amend Chapter 14 of Title 31 of the Official Code of Georgia Annotated, relating to hospitalization for tuberculosis, so as to revise a definition; to revise obsolete references; to revise certain provisions relative to confinement of patients committed for tuberculosis treatment; to revise certain provisions relative to continuation of confinement of patients committed for tuberculosis treatment; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Health and Human Services Committee offered the following amendment:

Amend SB 56 (LC 33 0594) by striking on line 16 of page 1 the text "based on:" and inserting in its place:
demonstrated by clinical, bacteriologic, or diagnostic imaging evidence, or a combination thereof. Persons who have been diagnosed as having active tuberculosis and have not completed a course of antituberculosis treatment are still considered to have active tuberculosis and may be infectious.

By striking lines 17 through 23 of page 1.

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 Brown

Y Hill,Jack Y Hill,Judson Y Hooks

Y Smith Y Starr Y Staton

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Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hudgens Y Johnson
Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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

SB 56, having received the requisite constitutional majority, was passed as amended.

Senator Cagle of the 49th recognized representatives of the Georgia Recreation and Parks Association, commended by SR 97, adopted previously.

The Calendar was resumed.

SB 87. By Senators Bulloch of the 11th, Hudgens of the 47th and Kemp of the 46th:

A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 2 of the Official Code of Georgia Annotated, the "Georgia Seed Law," so as to preempt certain local ordinances relating to seeds; to provide certain exemptions; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson

Y Smith Y Starr Y Staton
Stephens Y Stoner

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Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Jones Y Kemp Y Me V Bremen
Miles Y Moody Y Mullis
Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Tate Y Thomas,D N Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 1.

SB 87, having received the requisite constitutional majority, was passed.

SB 88. By Senators Bulloch of the 11th, Hudgens of the 47th and Kemp of the 46th:

A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 2 of the Official Code of Georgia Annotated, the "Georgia Fertilizer Act of 1997," so as to preempt certain local ordinances relating to fertilizer; to provide certain exemptions; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D N Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman

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269

Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 53, nays 1.

SB 88, having received the requisite constitutional majority, was passed.

Senator Tolleson of the 20th recognized representatives of the Professional Association of Georgia Educators (P.A.G.E), commended by SR 71, adopted previously.

The Calendar was resumed.

SB 89. By Senators Thomas of the 54th, Unterman of the 45th and Smith of the 52nd:

A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule I controlled substances; to change certain provisions relating to the definition of dangerous drug; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman

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Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 54, nays 0.

SB 89, having received the requisite constitutional majority, was passed.

SB 97. By Senators Hamrick of the 30th, Mullis of the 53rd, Kemp of the 46th, Unterman of the 45th and Tate of the 38th:

A BILL to be entitled an Act to amend Code Section 15-11-71 of the Official Code of Georgia Annotated, relating to juvenile court supervision fees, so as to provide that fees may be used for truancy intervention services; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden
Grant Y Hamrick Y Harbison Y Harp

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D N Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams

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Y Heath Y Henson

Y Seay Y Shafer,D

Zamarripa

On the passage of the bill, the yeas were 50, nays 1.

SB 97, having received the requisite constitutional majority, was passed.

SR 33. By Senators Balfour of the 9th, Unterman of the 45th, Shafer of the 48th, Harp of the 29th, Thompson of the 5th and others:

A RESOLUTION approving the creation of a new four-year college in Gwinnett County by the Board of Regents of the University System of Georgia; and for other purposes.

Senator Smith of the 52nd offered the following amendment:

Amend SR 33 by inserting the following at the end of line 10 of page 2:

"The institution shall be named and referred to as Don Balfour University Center or `DBUC' as a permanent honor to the Chairman of the powerful Senate Rules Committee and shall have as its official school mascot the Fighting Green Tree Frog."

Senator Smith of the 52nd asked unanimous consent that his amendment be withdrawn. The consent was granted, and the amendment was withdrawn.

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

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

Y Adelman Y Balfour N Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell

Y Smith Y Starr Y Staton Y Stephens Y Stoner N Tate Y Thomas,D N Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman
Walker

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Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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

SR 33, having received the requisite constitutional majority, was adopted.

The following resolution was read and put upon its adoption:

HR 165. By Representatives Keen of the 179th and Porter of the 143rd:

A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.

On the adoption of the resolution, the yeas were 37, nays 0, and the resolution was adopted.

Senator Stephens of the 27th asked unanimous consent that upon receipt of HB 84 from the House, it be read the first time and referred to the Senate Appropriations Committee.

The consent was granted.

Senator Stephens of the 27th moved that the Senate stand in recess until 5:00 p.m., then adjourn until 10:00 a.m. Wednesday, February 9, 2005.
At 11:58 a.m. the President announced that the motion prevailed.

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following Bill of the House:

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HB 84.

By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th and Keen of the 179th:

A BILL to amend an Act providing appropriations for the State Fiscal Year 2004-2005, known as the "General Appropriations Act," approved May 17, 2004 (Ga. L. 2004, p. 994.) and for other purposes.

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

HB 84. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th and Keen of the 179th:

A BILL to amend an Act providing appropriations for the State Fiscal Year 2004-2005, known as the "General Appropriations Act," approved May 17, 2004 (Ga. L. 2004, p. 994.) and for other purposes.

Referred to the Appropriations Committee.

Pursuant to a motion adopted earlier, the Senate adjourned at 5:00 p.m.

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Senate Chamber, Atlanta, Georgia Wednesday, February 9, 2005 Fifteenth Legislative Day

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

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

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

The Journal was confirmed.

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

Mr. President:

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

HB 191. By Representatives O`Neal of the 146th and Williams of the 4th:

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, computation, and exemptions regarding income taxes, so as to provide for adjustments to taxable net income with respect to certain direct or indirect interest expenses and costs and intangible expenses and costs; to provide for procedures, conditions, and limitations; to change the manner and method of allocating and apportioning income with respect to corporations; to provide for powers, duties, and authority of the state revenue commissioner; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.

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

HR 191.

By Representatives Orrock of the 58th, Willard of the 49th, Cooper of the 41st, Wilkinson of the 52nd, Oliver of the 83rd and others:

A RESOLUTION recognizing Health Care Decisions Week in Georgia; and for other purposes.

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

SB 146. By Senators Mullis of the 53rd, Pearson of the 51st, Thomas of the 54th, Kemp of the 46th, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to change a definition; to change the title of the director; to change certain provisions concerning authorizing the Antiterrorism Task Force to share information and work with other agencies; to amend Code Section 25-2-33 of the Official Code of Georgia Annotated, relating to release of fire loss information by insurers on request by state official, and Code Section 45-7-7 of the Official Code of Georgia Annotated, relating to compensation and allowances of certain officials not be changed without giving public notice, so as to correct the title of the director of the Georgia Bureau of Investigation; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SB 147. By Senator Shafer of the 48th:
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 chiropractic 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.
Referred to the Special Judiciary Committee.

SB 148. By Senators Butler of the 55th, Miles of the 43rd, Fort of the 39th, Tate of the 38th, Henson of the 41st and others:
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 relative to motor vehicles and traffic, so as to require policies that prohibit law enforcement officers from impermissibly using race or ethnicity in determining whether to stop a motorist; to require annual training of law enforcement officers on

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impermissible uses of race and ethnicity in stopping vehicles; to require law enforcement officers to document the race, ethnicity, and gender of a motorist and passengers; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 149. By Senators Hudgens of the 47th, Schaefer of the 50th, Heath of the 31st, Cagle of the 49th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for adoption of policies and procedures by local boards of education to provide information regarding school sponsored clubs and extracurricular activities to parents and legal guardians and to provide an opportunity to withhold permission to participate; to provide that local school systems shall comply with written notification from parents and legal guardians withholding permission for participation; to require written parental or legal guardian permission for membership in a specific club or activity; to require annual permission for club membership and participation in activities; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.
SB 150. By Senators Zamarripa of the 36th, Williams of the 19th, Reed of the 35th, Moody of the 56th, Adelman of the 42nd and others:
A BILL to be entitled an Act to provide a short title; to amend Part 1 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative to the State Road and Tollway Authority, so as to provide that the authority shall implement a program to provide for the development and expansion of streetcar transportation and attendant economic and community development opportunities; to provide for related matters; to provide an effective date; to repeal a specific law; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
SB 151. By Senators Kemp of the 46th, Meyer von Bremen of the 12th, Thomas of the 2nd, Mullis of the 53rd, Thomas of the 54th and others:
A BILL to be entitled an Act to amend Code Section 35-8-3 of the Official Code of Georgia Annotated, relating to establishment of the Georgia Peace

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Officer Standards and Training Council, so as to change the provisions relating to membership of said council; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 152. By Senators Heath of the 31st, Grant of the 25th, Staton of the 18th, Unterman of the 45th, Williams of the 19th and others:
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 building, plumbing, electrical, and other codes, so as to provide for the security of certain records; to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that certain engineering and construction drawings, plans, and critical data shall not be subject to public disclosure; to repeal conflicting laws; and for other purposes
Referred to the Public Safety and Homeland Security Committee.
SB 153. By Senators Adelman of the 42nd, Harp of the 29th, Moody of the 56th, Powell of the 23rd, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Code Section 50-18-70 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to make the records of educational facilities that employ campus policemen and that relate to such police duties, activities, and functions open to inspection in the same manner as other records of public agencies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 154. By Senators Shafer of the 48th, Fort of the 39th, Hill of the 4th, Meyer von Bremen of the 12th, Cagle of the 49th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning state government, so to provide that no state agency or state officer shall accept or utilize certain grants or funds except under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Appropriations Committee.

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SB 155. By Senators Tolleson of the 20th, Whitehead, Sr. of the 24th, Cagle of the 49th, Johnson of the 1st, Starr of the 44th and others:
A BILL to be entitled an Act to amend provisions of the O.C.G.A. relating to recreational vehicles; to amend Part 1 of Article 22 of Chapter 1 of Title 10 of the O.C.G.A., relating to general considerations regarding motor vehicle franchises, so as to exempt recreational vehicles from the definition of motor vehicle; to amend Chapter 1 of Title 10 of the O.C.G.A., relating to selling and other trade practices, so as to provide for definitions; to provide purposes and policies to protect recreational vehicle dealers; to provide for sales areas; to provide for changing or terminating sales areas only for good cause; to provide for notice of termination or substantial change to a sales area; to provide for repurchase of inventories by the grantor upon termination of a dealership; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

SB 156. By Senators Tate of the 38th, Fort of the 39th, Henson of the 41st, Butler of the 55th, Zamarripa of the 36th and others:
A BILL to be entitled an Act to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to create the Georgia Microbial Contamination Commission; to provide a short title; to provide definitions; to provide for members, meetings, rules and regulations, compensation, annual report, and budget unit; to provide for duties and powers of the commission; to require licensure of persons engaged in the microbial profession; to provide for the office of commissioner of the commission; to provide for a treasurer; to provide for the disposition of fees collected under chapter; to provide for inspections by the commissioner; to provide for injunctions; to provide for investigation of complaint; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

SB 157. By Senators Weber of the 40th, Moody of the 56th, Shafer of the 48th, Adelman of the 42nd, Hill of the 32nd and others:
A BILL to be entitled an Act to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to eliminate certain exceptions to the required use of safety

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belts; to repeal conflicting laws; and for other purposes. Referred to the Public Safety and Homeland Security Committee.

SB 158. By Senators Whitehead, Sr. of the 24th, Chapman of the 3rd, Grant of the 25th, Seabaugh of the 28th, Chance of the 16th and others:
A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the comprehensive revision of provisions regarding state property; to provide for consolidation and effective management of the rental of administrative space and the acquisition, use, and disposition of real property by the state and state authorities; to repeal Article 2 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, the "State Space Management Act of 1976"; to repeal Article 6 of Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to inventory of state buildings; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to repeal certain provisions regarding the lease of property; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State Institutions and Property Committee.

SB 159. By Senators Mullis of the 53rd and Thomas of the 2nd:
A BILL to be entitled an Act to amend Code Section 40-6-315 of the Official Code of Georgia Annotated, relating to headgear and eye-protective devices for motorcycle riders, so as to provide an exception for persons who are 21 years of age or older, have taken certain education courses, and have certain experience in riding motorcycles; to provide an exception for passengers of a motorcycle who are 21 years of age or older; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SR 1.

By Senators Thompson of the 5th, Weber of the 40th, Stoner of the 6th, Harp of the 29th and Zamarripa of the 36th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that funds derived from motor fuel taxes may be appropriated for and grant made for all activities incident to providing and maintaining an adequate

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system of public roads and bridges in this state and for any or all transportation purposes; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Appropriations Committee.
SR 111. By Senators Staton of the 18th, Shafer of the 48th, Williams of the 19th, Chance of the 16th, Douglas of the 17th and others:
A RESOLUTION to urge Congress to amend the federal CAN-SPAM Act to allow the states greater authority in attempting to curtail and to regulate the transmission and receipt of unwanted, unsolicited, and deceptive electronic mail; and for other purposes.
Referred to the Science and Technology Committee.
SR 116. By Senators Zamarripa of the 36th, Williams of the 19th and Tate of the 38th:
A RESOLUTION commending the Atlanta Belt Line project and urging the City of Atlanta and related parties to move forward with the Belt Line project; and for other purposes.
Referred to the Transportation Committee.
SR 120. By Senators Hudgens of the 47th, Cagle of the 49th, Mullis of the 53rd, Johnson of the 1st, Stephens of the 27th and others:
A RESOLUTION requesting that the congressional delegation of the State of Georgia work to pass social security personal retirement accounts; and for other purposes.
Referred to the Insurance and Labor Committee.
The following House legislation was read the first time and referred to committee:
HB 191. By Representatives O`Neal of the 146th and Williams of the 4th:
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, computation, and exemptions regarding income taxes, so as to provide for adjustments to taxable net income with respect to certain direct or indirect interest expenses and costs and intangible expenses and costs; to provide for procedures, conditions, and limitations; to change the manner and method of allocating and

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281

apportioning income with respect to corporations; to provide for powers, duties, and authority of the state revenue commissioner; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Finance Committee.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 82

Do Pass by substitute Respectfully submitted, Senator Hamrick of the 30th District, Chairman

Mr. President:

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

SB 125 SB 133

Do Pass Do Pass by substitute
Respectfully submitted, Senator Mullis of the 53rd District, Chairman

Mr. President:

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

SB 35

Do Pass by substitute Respectfully submitted, Senator Moody of the 56th District, Chairman

Mr. President:

The Finance Committee has had under consideration the following legislation and has

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

SR 34

Do Pass

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

Mr. President:

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

SB 90 SB 110 SR 78

Do Pass by substitute Do Pass as amended Do Pass
Respectfully submitted, Senator Thomas of the 54th District, Chairman

Mr. President:

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

SB 124

Do Pass

Respectfully submitted, Senator Seabaugh of the 28th 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 99 SB 104 SB 132

Do Pass Do Pass Do Pass

Respectfully submitted, Senator Wiles of the 37th District, Chairman

The following legislation was read the second time:

SB 92

SR 80

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283

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

Adelman Balfour Brown Bulloch Butler Cagle Carter Chance Chapman Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Heath Henson

Hill,Jack Hill,Judson Hooks Hudgens Johnson Jones Kemp Me V Bremen Miles Moody Mullis Pearson Powell Reed Rogers Schaefer Seabaugh Seay

Shafer,D Smith Starr Staton Stephens Stoner Tate Thomas,D Thomas,R Thompson,C Thompson,S Tolleson Unterman Walker Weber Whitehead Wiles Williams

Not answering was Senator Zamarripa.

The members pledged allegiance to the flag.

Senator Butler of the 55th introduced the chaplain of the day, Pastor Charles Gardner of Atlanta, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 110. By Senator Thomas of the 2nd:

A RESOLUTION recognizing and commending Ms. Esther Perkins-Frazier for her service to her church and community; and for other purposes.

SR 112. By Senator Harbison of the 15th:

A RESOLUTION commending AFLAC Incorporated and declaring November 17, 2005, "AFLAC Day" in the State of Georgia; and for other purposes.

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SR 113. By Senator Shafer of the 48th:
A RESOLUTION commending the Duluth Middle School Academic Bowl Team; and for other purposes.
SR 114. By Senator Shafer of the 48th:
A RESOLUTION commending and expressing gratitude to Action Ministries, Inc.; and for other purposes.
SR 115. By Senators Starr of the 44th, Hooks of the 14th and Walker of the 22nd:
A RESOLUTION expressing regret at the passing of Frank H. Edwards; and for other purposes.
SR 117. By Senator Schaefer of the 50th:
A RESOLUTION recognizing and commending Leadership Franklin; and for other purposes.
SR 118. By Senators Hamrick of the 30th, Bulloch of the 11th and Cagle of the 49th:
A RESOLUTION recognizing and commending the extraordinary career of George Emory Reagan on the occasion of his retirement; and for other purposes.
SR 119. By Senators Douglas of the 17th, Balfour of the 9th, Johnson of the 1st and Stephens of the 27th:
A RESOLUTION recognizing and commending Operation Sandbox GA, its co-founders, Julie and Virginia Pearson, and the members of Park Place Baptist Church in Snellville, Georgia; and for other purposes.
HR 191. By Representatives Orrock of the 58th, Willard of the 49th, Cooper of the 41st, Wilkinson of the 52nd, Oliver of the 83rd and others:
A RESOLUTION recognizing Health Care Decisions Week in Georgia; and for other purposes.
Senator Hudgens of the 47th asked unanimous consent that Senator Unterman of the 45th be excused. The consent was granted, and Senator Unterman was excused.

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

SENATE LOCAL CONSENT CALENDAR

Wednesday, February 9, 2005 Fifteenth Legislative Day

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

SB 104

Stoner of the 6th Rogers of the 21st Hill of the 32nd Thompson of the 33rd Wiles of the 37th COBB COUNTY

A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3693), so as to change the compensation of the solicitor-general; to change the provisions relating to the compensation of assistant solicitors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 132

Williams of the 19th WAYNE COUNTY

A BILL to be entitled an Act to amend an Act providing for the Board of Education of Wayne County, approved January 28, 1994 (Ga. L. 1994, p. 3512), as amended, so as to provide for the nonpartisan election of members of that board; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes

HB 99

Harp of the 29th CITY OF HAMILTON

A BILL to be entitled an Act to amend an Act creating a new charter for the City of Hamilton, approved March 10, 1964 (Ga. L. 1964, p. 2601), as amended, so as to provide for the filling of vacancies in the

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offices of the mayor or councilmen; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the 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 Brown
Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman
Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick
Harbison Y Harp Y Heath
Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson
Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson E Unterman
Walker Y Weber Y Whitehead Y Wiles
Williams Zamarripa

On the passage of the local legislation, the yeas were 47, nays 0.

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

The following communications were received by the Secretary:

Legislative Services Committee Office of Legislative Counsel
316 State Capitol Atlanta, GA 30334
(404) 656-5000 February 1, 2005

WEDNESDAY, FEBRUARY 9, 2005

287

Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Taylor:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 25, 2005, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Raybon Anderson was elected as a member of the State Transportation Board from the 12th Congressional District to fill the current vacancy and to serve the remainder of the term which expires April 15, 2008.
Respectfully submitted,
/s/ Eric Johnson HONORABLE ERIC JOHNSON SENATOR, DISTRICT 1 CHAIRMAN
/s/ Sistie Hudson HONORABLE SISTIE HUDSON REPRESENTATIVE, DISTRICT 124 SECRETARY
Legislative Services Committee Office of Legislative Counsel
316 State Capitol Atlanta, GA 30334
(404) 656-5000
TO: HONORABLE CATHY COX SECRETARY OF STATE
This is to certify that Honorable Raybon Anderson has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the 12th Congressional District to fill the current vacancy and serve the remainder of the term, which expires April 15, 2008.
This 3rd day of February, 2005.
/s/ Mark Taylor PRESIDENT OF THE SENATE

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/s/ Glenn Richardson SPEAKER, HOUSE OF REPRESENTATIVES
Legislative Services Committee Office of Legislative Counsel
316 State Capitol Atlanta, GA 30334
(404) 656-5000 February 1, 2005
Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Taylor:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 25, 2005, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Johnny Gresham was elected as a member of the State Transportation Board from the 6th Congressional District to serve a term beginning April 16, 2005, and expiring April 15, 2010.
Respectfully submitted,
/s/ Bill Stephens HONORABLE BILL STEPHENS SENATOR, DISTRICT 27 CHAIRMAN
/s/ Matt Dollar REPRESENTATIVE, DISTRICT 45 SECRETARY

Legislative Services Committee Office of Legislative Counsel
316 State Capitol Atlanta, GA 30334
(404) 656-5000

WEDNESDAY, FEBRUARY 9, 2005

289

TO: HONORABLE CATHY COX SECRETARY OF STATE
This is to certify that Honorable Johnny Gresham has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the 6th Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 2005, and expiring April 15, 2010.
This 3rd day of February, 2005.
/s/ Mark Taylor PRESIDENT OF THE SENATE
/s/ Glenn Richardson SPEAKER, HOUSE OF REPRESENTATIVES
Legislative Services Committee Office of Legislative Counsel
316 State Capitol Atlanta, GA 30334
(404) 656-5000 February 1, 2005
Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Taylor:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 25, 2005, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Roy Herrington was elected as a member of the State Transportation Board from the 1st Congressional District to serve a term beginning April 16, 2005, and expiring April 15, 2005.
Respectfully submitted,
/s/ Eric Johnson HONORABLE ERIC JOHNSON SENATOR, DISTRICT 1 CHAIRMAN

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/s/ Tommie Williams HONORABLE TOMMIE WILLIAMS SENATOR, DISTRICT 19 SECRETARY
Legislative Services Committee Office of Legislative Counsel
316 State Capitol Atlanta, GA 30334
(404) 656-5000
TO: HONORABLE CATHY COX SECRETARY OF STATE
This is to certify that Honorable Roy Herrington has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the 1st Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 2005, and expiring April 15, 2010.
This 3rd day of February, 2005.
/s/ Mark Taylor PRESIDENT OF THE SENATE
/s/ Glenn Richardson SPEAKER, HOUSE OF REPRESENTATIVES

Senator Stephens of the 27th moved that upon the dissolution of the Joint Session the Senate stand adjourned until 10:00 a.m. Thursday, February 10, 2005, and the President announced the motion prevailed at 10:49 a.m.
The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing a message by Honorable Norman Fletcher, Chief Justice of the Supreme Court, was called to order by the Lieutenant Governor. HR 165 authorizing the Joint Session of the Senate and House was read by the Clerk of the House.

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

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291

Lt. Governor Taylor, Speaker Richardson, President Pro Tem Johnson, friends of the legislative branch and executive branch, fellow members of the judicial branch, ladies and gentlemen.
On behalf of the judicial branch, I thank you for the invitation to deliver the State of the Judiciary Address to this joint session of the General Assembly. By inviting the chief justice to address you, just as you invite the governor to give the State of the State Address, you show your interest and concern for the well being of the judicial branch. For this we are most appreciative.
This is my fourth and final opportunity to deliver this address as my term as chief justice expires in June of this year. During my term I have enjoyed getting to know you much better and working closely with you in the creation of the new statewide public defender system, a system which assures that justice will flow down like rivers of water, for not just the wealthy, but for all our people.
In The Grapes of Wrath, John Steinbeck, wrote, "It is the nature of man to rise to greatness, if greatness is expected of him." There can be no doubt, greatness is expected of all persons entrusted with leadership positions. The 72 percent of you who were here the last two sessions rose to greatness and, having met most all of your new members, I am confident that all of you will rise to greatness over the next few years as you continue to support the delivery of justice in this state and improve the quality of life for all of our citizens.
PUBLIC DEFENDERS The new statewide public defender system, which you so wisely created during the 2003 session and funded in the FY 2005 budget, is off to a remarkable start. It is being favorably recognized nationally, with many states desiring to emulate our system. You should take great pride and find much satisfaction knowing you so ably fulfilled your constitutional and moral obligations. History will long record that this great legislative body did the right thing at the right time.
The Public Defender Standards Council consists of 11 members who were appointed by the Governor, Lt. Governor, Speaker, Chief Justice, and Chief Judge of the Court of Appeals. For the past 19 months these dedicated Georgians have met often and worked tirelessly. They have sacrificed their personal time and money to insure that the new system is implemented effectively and on schedule. And they have succeeded, for in less than 11 months the staff organized circuit public defender offices throughout the state.
The Council has received much cooperation and acceptance from county governments and local judges. This is evidenced by the strong support of the public defender office which opened last July as a pilot project in the Cordele Circuit, and by the fact that local governments in more than 30 circuits have contracted with the Council to provide

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services in their courts which are not covered by the legislation.
The good news is 42 circuit public defender offices opened January 1st and are operating full speed at this moment. In last Sunday's AJC Bill Rankin's article headlined, "Defender System Gets Early Praise," reported favorably on its successful beginning and the welcomed relief it is providing. We anticipate 2 more circuit offices will be in operation within 60 days. As both state and local governments observe the success of the new system, I firmly believe the other 5 circuits will opt into the system within a few years.
All I ask of you at this time is to continue your commitment to properly fund the system you so wisely created and that you not tinker with the system or make any additional exceptions to its full coverage; such as that proposed by HB 366. If exceptions become the rule, the system will be destroyed and then the courts will have to fix it. None of us want that. I earnestly request your forbearance. Let the new system operate without interference for the next three years. If shortcomings are discovered during that time, the legislation can then be fine tuned.
JUDICIAL COUNCIL/AOC I'm extremely pleased to report that the Judicial Council has had an outstanding year as representatives of all levels of our courts worked in harmony on many projects designed to improve our judicial system. This harmony has made my last year as Chair of the Council a delightful one, and I am certain it also pleases you to know that your court leaders are working together so well as they seek innovative ways to best fulfill our primary role, to deliver timely, quality justice in an efficient manner.
I am also happy to report that the Administrative Office of the Courts is fulfilling its role and duties better than ever before in its 32 year existence. Throughout this year the leaders of our various levels of courts have expressed their gratitude for the many support services provided them by the AOC staff.
I will mention just a few of those vital services. First, the AOC is assisting the start up of the public defender system by providing payroll services to the Standards Council and circuit Public Defenders' employees and financial services to a number of the local circuit defender offices. The fiscal procedures and business practices now in place are working smoothly.
Next, the AOC established training programs in "sound business practices" for court personnel, judges, clerks, police chiefs, probation officers and others who collect and distribute mandated fines associated with criminal convictions or dispositions of civil cases. The staff developed program, "Court Fees: The Basics," has been presented numerous times around the state. The demand for such training has increased steadily and these and similar efforts will continue in the years to come.

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The AOC continues to work diligently to provide the highest quality informational technology services possible to the Georgia courts. Case management software, supplied to local courts through the AOC, is integral to successful processing and tracking of cases. This year, for the first time, our case management software can be modified and updated from centrally located servers that communicate to local courts over the internet.
And, over the past two years, the AOC, through the Commission on Interpreters, has made a concerted effort to train, test and license qualified foreign language interpreters to assist non English speaking defendants in court proceedings. We now have 255 registered court interpreters and 38 certified court interpreters. As the need for foreign language interpreters continues to grow, the Commission will insure that highly qualified court interpreter services are available.
PROBLEM SOLVING/SPECIALTY COURTS Problem solving courts have made great strides in this country over the past decade, and we have also made considerable progress in Georgia. The Fulton County Family Court has proved to be very effective. Improving the delivery of services relating to families has been a priority of the Judicial Council, and the Child Placement Project, under the leadership of Justice Hines, has met with great success.
Thirty-four drug court programs are in operation within various courts in 23 judicial circuits around the state. Their successes are most encouraging. These courts are holding participants accountable, saving the state and local governments money, and are changing lives and reuniting families. In 2004 we created a Judicial Council Standing Committee on Drug Courts, chaired by Judge George Kreeger of Cobb Superior Court, to develop policies to insure that our Georgia drug courts remain efficient and effective.
And last, but certainly not least, at the request of the business community and through the diligent efforts of the state bar, we are giving serious consideration to a request for creation of a business court project within Fulton Superior Court.
COURT TECHNOLOGY For a number of years the judicial branch has struggled to improve the availability and proper use of technology in our courts. We recognized the necessity to remedy organizational deficiencies in addressing technology needs. To this end we have undertaken two initiatives. First, the Georgia Courts Automation Commission has adopted sound business strategies which it is adhering to in its decision-making process. This sound business approach has resulted in clear guidelines for project approval, contracts and financial conduct. Additionally, the Commission has developed a strategic plan by which all future technology requests will be measured.
The second and most important initiative is the work of the Supreme Court Committee on Technology which was created in December 2003. As I reported last year, this

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Committee is composed of 28 members, representing all components of the judicial system and a broad spectrum of interests, including both rural and metropolitan. Members include representatives from the various courts, clerks of court, state bar, Georgia Courts Automation Commission, Georgia Public Defenders Standards Council, Prosecuting Attorneys' Council, court administrators, and court reporters as well as advisory representatives from the offices of the Governor, Lt. Governor, legislative budget office, Superior Court Clerks' Cooperative Authority, and the Georgia Technology Authority. The Committee has worked diligently for a year to complete its study and fulfill its mission of making recommendations on governance structure, standards and implementation. We have high expectations of the Committee's report which is expected this month. We hope it will have as great a positive impact on court technology as the work of our Commission on Indigent Defense had on our criminal justice system.
JUDICIAL INDEPENDENCE, ELECTIONS AND BUDGETS The judiciary is in the justice business, and justice is not, nor should it ever be, a matter of politics. It is a right guaranteed by the United States and Georgia Constitutions. Learned Hand, one of the greatest American jurists of all time, hit the nail on the head when he said: "If we are to keep our democracy, there must be one commandment - thou shall not ration justice."
Our Constitutions created the judiciary as a co-equal branch of government. This separation of powers has played a major role in preventing the rationing of justice in this country. But we must always be on guard to assure that nothing impinges on the ability of the judiciary to make those hard decisions, sometimes unpopular decisions, that keep our democracy alive.
While many things affect our courts, I am convinced that the three with the greatest impact on the delivery of justice are judicial independence, judicial elections and judicial budgets, which are all closely interrelated. And we must see that these influences are molded in such manner as best assures that the rule of law prevails and that equal justice for all will be administered in our courts.
By judicial independence, I am talking about decisional independence; such independence as is necessary to enable judges to impartially resolve cases before them, without fear or favor, based on the law and the facts of the particular case. That's what our citizens want and our judicial system must provide them nothing less. Georgia judges are reminded of this every time they take their oath of office, which requires that justice be handed down without respect to person and that equal rights be assured to the poor and rich alike.
To assure this fairness we must see that judges are insulated from attempts to influence their current decisions or to affect future decisions by inappropriately punishing them,

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whether by the budgetary process, legislation or otherwise. Because you believe in fairness, impartiality and doing the right thing, I am confident you will continue to provide the insulation necessary to assure that all citizens receive equal justice under the law in the courts of this state.
I turn now to elections. Only 4 states, Alabama, Louisiana, Texas and West Virginia, still select all their trial judges and appellate judges, both initially and for reelection, in contested partisan elections. Following initial appointments, ten other states have partisan elections for either all or part of their judges. Over the past 20 years those states with partisan judicial elections have continued to spend larger and larger sums on judicial races filled with degrading and misleading ads, making them appear, and perhaps rightfully so, to be just as political as other elections. As would be expected, this has caused many citizens to conclude that these judges will not impartially resolve cases before them, that they are obligated to and will treat more favorably those who supported them financially or otherwise. Therefore, in those states there is far less trust and confidence in their courts. No doubt, this is what led Texas Chief Justice Tom Phillips in his 2003 State of the Judiciary Address to state: "Most other states have concluded that the goals of an independent, qualified and accountable judiciary can better be achieved by treating judicial elections differently."
In 1983 we in Georgia decided to treat them differently by providing for non partisan elections of superior court, state court, and appellate court judges. This system has served us well, and for many years the same was true in the 19 other states with non partisan judicial elections. However, in a few of these states in recent years the political parties have been taking steps which are making their judicial elections appear more and more partisan, and, in a couple, they have effectively converted them into partisan elections, with that same resulting loss of trust and confidence that I mentioned a few moments ago. In 2004 we saw some evidence of this in Georgia judicial elections and we also experienced far more money being spent on judicial races than ever before. I implore you to treat judicial races differently, to allow non partisan races to truly be non partisan, so that our citizens can and will continue to have trust and confidence in our courts.
With that said, for a number of years our probate judges, magistrate judges and district attorneys have sought non partisan elections. I know that our magistrate and probate judges will once more seek such changes in the law as will allow them to be elected on a non partisan basis, and I urge you to favorably respond to their requests.
During the past year I have observed that both the press and others have misconceived many things about the judicial budget. Part of this can be attributed to be fact that there is little knowledge of the process through which that item labeled "judicial budget" comes into being. So I want to take this opportunity to address these issues, particularly the FY 2006 budget requests. It is not my intention to offend anyone; rather, my friends,

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I hope to provide information which will assist you as you carry out your duty to consider budget requests and fund the judicial branch as adequately as possible.
As you know, the judicial branch is not a state agency. It is a co-equal branch of government that depends on you, the legislative branch, for the resources necessary for operation. A thorough review of the judicial branch appropriations should help to clear up some of the misunderstanding. It will also prove that the judicial branch did not cause Georgia's budget crisis and that it's FY 2006 request is not seeking an unreasonable increase.
I turn first to the process. Georgia does not have a unified court system. That is why the applicable statute requires judicial budget requests to be prepared by the chief justice of the Supreme Court, the chief judge of the Court of Appeals and such other judicial officers as are appropriate, and, when it is compiled, it is to be submitted to the director of the budget for inclusion in the governor's overall budget request. This big book entitled, "Judicial Branch FY 2006 Budget Requests" is a compilation of each such judicial officer's or organization's requests. I only have power over the Supreme Court request. The chief judge of the Court of Appeals prepares its request, the superior court judges their request, the district attorneys their request, juvenile judges their request, and so on and on. As you can see, while the judicial budget request is bound in one book, it is composed of the separate request of 9 levels of courts or court related entities plus the request of the Judicial Council which is made on behalf of 15 other court related entities or purposes.
In Georgia, traditionally, two major components of the judicial budget are requests from groups which perform executive branch functions, not judicial functions. They are (1) the district attorneys, whose duty essentially is to represent the state in court proceedings, and (2) the Public Defender Standards Council, which has the duty to provide attorneys to defend those accused of crime who are indigent. I am not suggesting that either of these groups be changed from the judicial budget to the executive branch budget, as that is a policy decision for the legislative and executive branches. I bring this to your attention, however, in order that you and the public can better understand that a major part of what is labeled "Judicial Branch Budget" is not for judicial branch functions.
The FY 2005 budget approved last year allocated to the judicial branch only .00925 percent of total state appropriations. However, excluding that portion provided for district attorneys and public defenders, plus certain worthy flow-through items logically placed in the judicial budget but not directly related to the judiciary, appropriations for judicial branch functions amounted to .0051 percent of the state budget. And that is what constitutes the true judicial branch budget.
Of the FY 2005 supplemental budget requests, 43 percent is to fund the June 30th payroll, something you are facing with the June 30th payrolls of all state agencies, and 50

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percent is to fund the public defender system for the remainder of the fiscal year, which, during the last session, you assured would be forthcoming in the supplemental budget.
I turn now to the FY 2006 budget. The request is not a 29 percent increase over the 2005 budget, as reported by the press on December 6th and again on January 12th. In order to accurately determine such increase, it is necessary to first establish the final base line of the FY 2005 budget, which, of necessity, must include the FY 2005 supplemental budget. And, because most, if not all, of the judicial supplemental budget requests previously mentioned were expected and are reasonably necessary, I firmly believe you will approve them. If you do, comparing the final FY 2005 budget with the FY 2006 request, the increase is 16 percent. But that does not accurately reflect the increase, for only when the true judicial budget request is determined can the increase be correctly calculated.
I have no doubt that the 2006 requests of the District Attorneys and the Standards Council are reasonable and based on real needs. But, together they total slightly more than 50 percent of the FY 2006 judicial budget request, and as I previously pointed out, they perform executive branch functions. Therefore, when their requests are excluded together with the flow- throughs, the increase in the true judicial budget request is slightly less than 4.9 percent, and, if fully funded, would amount to about .0054 percent of the FY 2006 state proposed budget of 17.4 billion dollars.
Just as our population continues to rapidly increase, so have our court filings. In calendar year 1999 there were a total of 1,757,863 cases filed in our superior, state, juvenile, probate and magistrate courts. In calendar year 2003, this increased to 2,017,901 case filings. I ask you, can anyone deny that handling such a load with far less than 1 percent of the state budget is quite an accomplishment.
Even though it receives an extremely small part of the total state appropriations, the judicial branch acknowledges its obligation to be a good steward of the public's funds and that our courts should operate as efficiently as possible; mindful, however, that courts are efficient only so long as they can provide timely, quality justice, fairly and impartially, and that no system that rations justice is efficient. So, if there are concerns involving financial accountability from any level of court or any entity under the judicial budget, I feel certain that the leadership of any such level of court or entity, as good public servants, will be amenable to finding a way to address any reasonable concerns. So long as the purpose behind such concerns or inquiries is not an attempt to control the judicial branch or to interfere in any way with decisional independence in our courts, I will fully encourage and support such cooperation.
I would be remiss if I did not mention one last matter affecting the judicial branch and its budget. There is a dire need for additional superior court judges in various parts of our great state. I feel certain that many of you are fully aware of this fact. No new superior court judges have been approved and funded by this body in the past several years.

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Using the established valid criteria, this year the Judicial Council approved 10 requests for new judgeships. On behalf of the Judicial Council and the Council of Superior Court Judges, I request that you favorably receive the recommendations and requests. Additionally, our Court of Appeals continues to be in dire need of additional judges and office space.
I close on this more personal note. I have been richly blessed with wonderful family and friends, strong faith, good health and the great privilege of serving on your Supreme Court for 15 years plus a few weeks. I am particularly grateful to Governor Joe Frank Harris who made possible my service on the Court. And I deeply treasure the close friendships made with so many members of the General Assembly over these years.
Provided nothing unexpected occurs between now and June 30th, I will retire from the Court on that date. My heart and mind assure me that creation of the public defender system was a good, right and just thing. Because the system is alive and well, I am filled with joy, a joy that will be with me for the remainder of my life.
And, when I leave, it will be with full confidence that Governor Perdue will choose an excellent successor, one who loves the law and believes in fairness and equal justice for all God's children, just as much as I do. In the meantime, I look forward to working with you as we seek to remedy wrongs and improve both our justice system and the quality of life of the people of Georgia. I wish you well in this history making session.
Senator Stephens of the 27th moved that the Joint Session be hereby dissolved.
The motion prevailed, and the Lieutenant Governor announced the Joint Session dissolved.
Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 a.m. Thursday, February 10, 2005.

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Senate Chamber, Atlanta, Georgia Thursday, February 10, 2005 Sixteenth Legislative Day

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

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

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

The Journal was confirmed.

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

Mr. President:

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

HB 10.

By Representatives Oliver of the 83rd, Benfield of the 85th, McClinton of the 84th, Drenner of the 86th and Henson of the 87th:

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 that certain statutory privileges shall not be available; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 218.

By Representatives Stephens of the 164th, Horne of the 71st and Cheokas of the 134th:

A BILL to be entitled an Act to amend Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to proceedings excluded from the provisions of Chapter 14 of Title 50, so as to provide a new exclusion from such provisions; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records exempted from inspection by members of the general public, so as to provide an exemption for certain records of an agency engaged in a program of economic development; to provide for disclosure of such records under certain conditions; to provide

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

HB 263.

By Representatives Roberts of the 154th, Golick of the 34th, Smith of the 129th, Freeman of the 140th, Dollar of the 45th and others:

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, computation, and exemptions regarding income taxes, so as to provide a deduction for the cost of certain classroom supplies, equipment, and materials paid by certain educators; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

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

HR 14.

By Representatives Casas of the 103rd, Cox of the 102nd, Rice of the 51st, Dollar of the 45th and Davis of the 109th:

A RESOLUTION requesting that the United States Congress work to pass legislation allowing hybrid or alternative fueled passenger vehicles to use high occupancy vehicle (HOV) lanes; and for other purposes.

HR 198. By Representatives Keen of the 179th and Porter of the 143rd:

A RESOLUTION relative to adjournment; and for other purposes.

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

SB 160. By Senators Pearson of the 51st, Williams of the 19th, Whitehead, Sr. of the 24th, Douglas of the 17th, Hamrick of the 30th and others:

A BILL to be entitled an Act to amend Chapter 1 of Title 32 of the O.C.G.A., relating to general provisions relative to highways, bridges, and ferries, so as to amend the definition of terms; to amend Article 2 of Chapter 6 of Title 32 of the O.C.G.A., relating to dimensions and weight of vehicles and loads, so as to remove all references to national highways; to amend Part 1 of Article 3 of Chapter 6 of Title 32 of the O.C.G.A., relating to control of signs and signals on public roads generally, so as to remove all references to a federal-aid primary road; to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the O.C.G.A.; to amend Article 8 of Chapter 6 of Title 32 of the O.C.G.A.; to

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amend Part 1 of Article 1 of Chapter 10 of Title 32 of the O.C.G.A.; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.

SB 161. By Senators Heath of the 31st and Hudgens of the 47th:
A BILL to be entitled an Act to amend Code Section 47-2-98 of the Official Code of Georgia Annotated, relating to creditable service for a member of the Employees Retirement System of Georgia who was an officer or employee of the Georgia Housing and Finance Authority, so as to authorize the member seeking creditable service to make payment to the board of trustees of such retirement system; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.

SB 162. By Senators Adelman of the 42nd, Brown of the 26th and Golden of the 8th:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the O.C.G.A., relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to change provisions relating to disclosure of stored wire or electronic communications; to change provisions relating to search warrants and issuance of subpoenas; to provide for definitions; to designate specific information which may be disclosed by an electronic communication service or a remote computing service; to authorize interstate application of Georgias search warrants or subpoenas under certain circumstances; to provide for application to other jurisdictions for search warrants and subpoenas under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 163. By Senators Cagle of the 49th, Williams of the 19th and Harp of the 29th:
A BILL to be entitled an Act to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to counties, so as to require the governing authority of each county to provide an acceptable location for the disposal of septic tank waste; to authorize a county to enter into agreements to dispose of septic tank waste in lieu of providing a location for

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such disposal within the county; to authorize land application of certain septic tank waste; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 164. By Senators Hamrick of the 30th and Reed of the 35th:
A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses benefits under the Teachers Retirement System of Georgia, so as to provide that a teacher who was retired on a service retirement on December 31, 2004, may be employed as a classroom teacher, principal, superintendent, counselor, or librarian without having his or her benefits affected; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
SB 165. By Senators Meyer von Bremen of the 12th, Golden of the 8th, Hooks of the 14th, Adelman of the 42nd, Tate of the 38th and others:
A BILL to be entitled an Act to amend Code Section 47-2-223 of the Official Code of Georgia Annotated, relating to retirement benefits under the Employees Retirement System of Georgia for those in service in the Uniform Division of the Department of Public Safety, so as to provide that certain members of such retirement system may elect to pay an additional employee contribution to such retirement system; to provide that any such person may retire at age 55 or after attaining at least 25 years of creditable service and receive an enhanced retirement benefit; to provide that any such election shall be irrevocable; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
SB 166. By Senators Rogers of the 21st, Hudgens of the 47th, Stephens of the 27th, Harbison of the 15th and Stoner of the 6th:
A BILL to be entitled an Act to amend Code Section 33-31-7 of the Official Code of Georgia Annotated, relating to issuance of policy or certificate of credit life insurance, so as to provide that the insurer shall deliver the policy or certificate to the insured within 90 days after the indebtedness is incurred; to

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provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 167. By Senators Rogers of the 21st, Hudgens of the 47th, Stephens of the 27th and Stoner of the 6th:
A BILL to be entitled an Act to amend Code Section 33-31-9 of the Official Code of Georgia Annotated, relating to refunds and credits of credit life insurance premiums, so as to provide that the insured shall notify the credit life insurer upon the early payoff of the indebtedness; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SR 123. By Senator Thomas of the 2nd:
A RESOLUTION authorizing the granting of a nonexclusive easement for operation and maintenance of utilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Chatham County, Georgia; to repeal conflicting laws; and for other purposes.
Referred to the State Institutions and Property Committee.
SR 124. By Senator Smith of the 52nd:
A RESOLUTION honoring Admiral John Henry Towers and authorizing the placing of his portrait in the state capitol; and for other purposes.
Referred to the Rules Committee.
SR 126. By Senator Thomas of the 54th:
A RESOLUTION honoring the memory of Clint H. Bryant and designating the bridge by which SR 2 crosses over the Conasauga River at Beaverdale as the Clint H. Bryant Memorial Bridge; and for other purposes.
Referred to the Transportation Committee.

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SR 128. By Senators Schaefer of the 50th, Cagle of the 49th, Mullis of the 53rd, Thomas of the 54th, Pearson of the 51st and others:
A RESOLUTION urging the Georgia Congressional Delegation to oppose mandatory mental health screening of American school children; and for other purposes.
Referred to the Education and Youth Committee.
SR 129. By Senators Schaefer of the 50th, Balfour of the 9th, Pearson of the 51st, Thomas of the 54th, Cagle of the 49th and others:
A RESOLUTION urging national support for the State of Israel and declaring the support of the State of Georgia; and for other purposes.
Referred to the Rules Committee.

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

HB 10. By Representatives Oliver of the 83rd, Benfield of the 85th, McClinton of the 84th, Drenner of the 86th and Henson of the 87th:
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 that certain statutory privileges shall not be available; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

HB 218. By Representatives Stephens of the 164th, Horne of the 71st and Cheokas of the 134th:
A BILL to be entitled an Act to amend Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to proceedings excluded from the provisions of Chapter 14 of Title 50, so as to provide a new exclusion from such provisions; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records exempted from inspection by members of the general public, so as to provide an exemption for certain

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records of an agency engaged in a program of economic development; to provide for disclosure of such records under certain conditions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Economic Development Committee.

HB 263. By Representatives Roberts of the 154th, Golick of the 34th, Smith of the 129th, Freeman of the 140th, Dollar of the 45th and others:

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, computation, and exemptions regarding income taxes, so as to provide a deduction for the cost of certain classroom supplies, equipment, and materials paid by certain educators; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

Referred to the Finance Committee.

HR 14. By Representatives Casas of the 103rd, Cox of the 102nd, Rice of the 51st, Dollar of the 45th and Davis of the 109th:

A RESOLUTION requesting that the United States Congress work to pass legislation allowing hybrid or alternative fueled passenger vehicles to use high occupancy vehicle (HOV) lanes; and for other purposes.

Referred to the Transportation Committee.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 119 SR 67

Do Pass Do Pass

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

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Mr. President:

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

SB 58 SB 64

Do Pass by substitute Do Pass by substitute

SB 93 SB 117

Do Pass by substitute Do Pass

Respectfully submitted, Senator Kemp of the 46th District, Chairman

Mr. President:

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

SB 62 SB 121

Do Pass by substitute Do Pass by substitute
Respectfully submitted, Senator Shafer of the 48th 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 199 Do Pass

Respectfully submitted, Senator Meyer von Bremen of the 12th District, Chairman

Mr. President:

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

SB 99

Do Pass

SB 115

Do Pass

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SB 107 SB 114

Do Pass Do Pass

SR 81

Do Pass by substitute

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

The following legislation was read the second time:

SB 35 SB 82

SB 90 SB 110

SB 124 SB 125

SB 133

SR 34

SR 78

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

Senator Butler of the 55th asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr was excused.

Senator Seabaugh of the 28th asked unanimous consent that Senator Whitehead of the 24th be excused. The consent was granted, and Senator Whitehead was excused.

Senator Staton of the 18th asked unanimous consent that Senator Douglas of the 17th be excused. The consent was granted, and Senator Douglas was excused.

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

Adelman Balfour Brown Bulloch Butler Cagle Carter Chance Chapman Fort Goggans Golden Grant Hamrick Harp Heath Henson

Hill,Jack Hill,Judson Hooks Hudgens Johnson Jones Kemp Me V Bremen Miles Moody Mullis Pearson Powell Reed Rogers Schaefer Seabaugh

Seay Shafer,D Smith Staton Stephens Stoner Tate Thomas,D Thomas,R Thompson,C Tolleson Unterman Walker Weber Wiles Williams Zamarripa

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Not answering were Senators:

Douglas (Excused) Thompson, S

Harbison (Excused) Whitehead (Excused)

Starr (Excused)

The members pledged allegiance to the flag.

Senator Fort of the 39th introduced the chaplain of the day, Reverend Darrell Elligan of Atlanta, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 121. By Senators Cagle of the 49th, Mullis of the 53rd, Smith of the 52nd, Thomas of the 54th and Rogers of the 21st:

A RESOLUTION supporting and commending the men and women who serve as Patrol Agents in the United States Border Patrol, a part of the United States Customs and Border Protection, Department of Homeland Security.

SR 122. By Senator Rogers of the 21st:

A RESOLUTION recognizing and commending Mr. George Alexander on the occasion of his retirement; and for other purposes.

SR 125. By Senators Hamrick of the 30th and Seabaugh of the 28th:

A RESOLUTION commending the University of West Georgia Debate Team, champions of the second Annual Cal-Berkeley tournament; and for other purposes.

SR 127. By Senators Schaefer of the 50th, Thomas of the 54th, Cagle of the 49th, Pearson of the 51st, Mullis of the 53rd and others:

A RESOLUTION commending Georgias drug courts; and for other purposes.

SR 130. By Senators Zamarripa of the 36th, Weber of the 40th, Jones of the 10th, Hill of the 32nd, Thompson of the 5th and others:

A RESOLUTION commending and congratulating the Atlanta Symphony Orchestra; and for other purposes.

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SR 154. By Senators Chance of the 16th and Seay of the 34th:
A RESOLUTION commending Youth Leadership Fayette and the Fayette County Chamber of Commerce; and for other purposes.
SR 155. By Senator Chance of the 16th:
A RESOLUTION commending Andrew Alexander Rapson on becoming an Eagle Scout; and for other purposes.

Senators Staton of the 18th and Brown of the 26th recognized the family of Judge William Augustus Bootle, commended by SR 45, adopted previously.

Senator Butler of the 55th recognized John Evans, commended by SR 51, adopted previously.

SB 52 SB 92 SR 80 SR 49 SB 53 SR 54 SB 26

SENATE RULES CALENDAR THURSDAY, FEBRUARY 10, 2005 SIXTEENTH LEGISLATIVE DAY
Child Support; unreimbursed payment; provide negotiation, waiver (JUDY-52nd)
Labor; provide training wages (I&L-29th)
Public Property; conveyance; grant utility easements; 7 counties (SI&P-2nd)
CA: Public Funding of Social Services by religious org; prevent discrimination (RULES-29th)
Paternity; petition of legitimation of child; provide consent of mother/father (JUDY-52nd)
"Future of Georgia Forestry"; Joint Study Committee; create (NR&E-20th)
Nuisances; treatment of agricultural facilities; definition (AG&CA-49th)

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SB 4

Public Funds; balancing of federal/state funds; change provisions

(Substitute)(TRANS-28th)

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

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

SB 52. By Senators Smith of the 52nd, Harp of the 29th, Carter of the 13th, Hill of the 32nd, Wiles of the 37th and others:

A BILL to be entitled an Act to amend Code Section 19-11-5 of the Official Code of Georgia Annotated, relating to debt to state created by payment of public assistance, so as to provide for the waiver, reduction, or negotiation of the payment of unreimbursed public assistance under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort
Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams

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Y Heath Y Henson

Y Seay Y Shafer,D

Y Zamarripa

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

SB 52, having received the requisite constitutional majority, was passed.

SB 92. By Senators Harp of the 29th, Tolleson of the 20th, Hamrick of the 30th, Heath of the 31st, Hudgens of the 47th and others:

A BILL to be entitled an Act to amend Code Section 34-4-3 of the Official Code of Georgia Annotated, relating to amount of minimum wage to be paid, so as to provide for a training wage; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 5.

SB 92, having received the requisite constitutional majority, was passed.

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The following communications were received by the Secretary:

Senator David Adelman District 42 314-A Legislative Office Building Atlanta, GA 30334

Committees: Special Judiciary Health and Human Services Judiciary Rules

The State Senate Atlanta, Georgia 30334

My vote on SB 92 should have been Yes. My machine malfunctioned.

/s/ David Adelman

Senator Vincent Fort District 39 305 Legislative Office Building Atlanta, GA 30334

Committees: Appropriations Education and Youth Retirement Reapportionment and Redistricting Special Judiciary

The State Senate Atlanta, Georgia 30334

To: Secretary of the Senate From: Vincent Fort Date: 2/10/05

I am requesting that my vote on SB 92 be recorded as a no vote.

I attempted to change my vote before the time limit on voting ran out.

/s/ Vincent Fort

Senator Horacena Tate District 38 110 State Capitol Atlanta, GA 30334

Committees: Appropriations Health and Human Services Retirement State and Local Governmental Operations

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313

The State Senate Atlanta, Georgia 30334

TO:
FROM: DATE:

Mr. Frank Eldridge Secretary of the Senate Senator Horacena Tate, 38th Thursday, February 10, 2005

Please note that my official vote for SB 92 should be recorded as a "NO" vote. Thank you for your consideration.

/s/ Horacena Tate

SR 80. By Senators Thomas of the 2nd, Schaefer of the 50th, Zamarripa of the 36th, Grant of the 25th, Hamrick of the 30th and others:

A RESOLUTION authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities and ingress and egress, in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Banks, Burke, Chatham, Douglas, Fulton, and Newton counties, Georgia; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen
Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles

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Y Harp Y Heath Y Henson

Y Seabaugh Y Seay Y Shafer,D

Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 53, nays 0.

SR 80, having received the requisite constitutional majority, was adopted.

The following resolution was read and adopted:

HR 198. By Representatives Keen of the 179th and Porter of the 143rd:

A RESOLUTION

Relative to adjournment; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, unless otherwise provided by subsequent resolution of the General Assembly, the meeting dates and dates of adjournment for the 2005 regular session of the General Assembly for the period of February 10, 2005, through March 2, 2005, shall be as follows:

Thursday, February 10 ...................................in session for legislative day 16 Friday, February 11........................................in adjournment Saturday, February 12 ....................................in adjournment Sunday, February 13 ......................................in adjournment Monday, February 14.....................................in session for legislative day 17 Tuesday, February 15.....................................in session for legislative day 18 Wednesday, February 16................................in session for legislative day 19 Thursday, February 17 ...................................in session for legislative day 20 Friday, February 18........................................in session for legislative day 21 Saturday, February 19 ....................................in adjournment Sunday, February 20 ......................................in adjournment Monday, February 21.....................................in adjournment Tuesday, February 22.....................................in session for legislative day 22 Wednesday, February 23................................in session for legislative day 23 Thursday, February 24 ...................................in session for legislative day 24 Friday, February 25........................................in session for legislative day 25 Saturday, February 26 ....................................in adjournment Sunday, February 27 ......................................in adjournment Monday, February 28.....................................in adjournment Tuesday, March 1...........................................in adjournment Wednesday, March 2......................................in session for legislative day 26

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315

BE IT FURTHER RESOLVED that on and after March 2, 2005, the periods of adjournment of the 2005 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2005 regular session, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at the close of the legislative day on each Friday on which the General Assembly is in session and shall reconvene on the following Monday. BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House.

The Calendar was resumed.

Senator Johnson of the 1st asked unanimous consent that SR 49 be read the third time and put upon its adoption at 1:30 p.m. today, pursuant to Senate Rule 4-2.10(b).

The consent was granted and consideration of SR 49 was scheduled for 1:30 p.m. today.

SB 53. By Senators Smith of the 52nd, Harp of the 29th, Hill of the 32nd, Wiles of the 37th and Weber of the 40th:

A BILL to be entitled an Act to amend Code Section 19-7-22 of the Official Code of Georgia Annotated, relating to petition for legitimation of a child, notice to mother, court order, effect, and intervention by father, so as to provide that legitimation of a child may take place contemporaneously with the establishment of paternity with the consent of the mother and the father; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senator Smith of the 52nd offered the following amendment:

Amend SB 53 by on page 2 line 1 striking the word "in" and inserting in its place the word "with".

On the adoption of the amendment, the yeas were 41, nays 0, and the Smith 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 Brown

Y Hill,Jack Y Hill,Judson Y Hooks

Y Smith Y Starr Y Staton

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Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden
Grant Y Hamrick E Harbison Y Harp Y Heath Y Henson

Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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

SB 53, having received the requisite constitutional majority, was passed as amended.

SR 54. By Senators Tolleson of the 20th, Harp of the 29th, Starr of the 44th, Bulloch of the 11th and Hudgens of the 47th:

A RESOLUTION creating the Joint "Future of Georgia Forestry" Study Committee; and for other purposes.

Senators Tolleson of the 20th and Balfour of the 9th offered the following amendment #1:

Amend SR 54 by striking "ten" on page 2 line 32 and replacing it with "five".

On the adoption of the amendment, the yeas were 41, nays 0, and the Tolleson, Balfour amendment #1 was adopted.

Senator Tolleson of the 20th offered the following amendment #2:

Amend SR 54 by page 2 line 24 eliminate period after community, add "and one of whom shall be a County Commissioner."

On the adoption of the amendment, the yeas were 48, nays 2, and the Tolleson amendment #2 was adopted.

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317

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 54, nays 0.

The resolution, having received the requisite constitutional majority was adopted as amended.

Senator Johnson of the 1st moved that the Senate stand in recess until 1:30 p.m.

There were no objections.

At 11:38 a.m. the President announced that the Senate would stand in recess until 1:30 p.m.
At 1:30 p.m. the President called the Senate to order.

The Calendar was resumed.

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SR 49. By Senators Harp of the 29th, Shafer of the 48th, Hill of the 32nd, Schaefer of the 50th, Pearson of the 51st and others:

A RESOLUTION

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

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

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

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

"( ) YES ( ) NO

Shall the Constitution of Georgia be amended in a manner consistent with the United States Constitution so as to prevent discrimination in the public funding of social services by allowing religious or sectarian institutions to receive public aid, directly or indirectly, for the provision of such services?"

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

Senator Stoner of the 6th offered the following amendment #1:

Amend SR 49 by striking from line 1 of page 1 to the last line of such amendment and inserting in lieu thereof the following: Proposing an amendment to the Constitution so as to authorize the General Assembly by general law to provide for public funding of social services provided by separate charitable affiliates of religious or sectarian organizations pursuant to contracts for the

THURSDAY, FEBRUARY 10, 2005

319

provision of such services and to provide for conditions and requirements relative to such contracts; to provide that the General Assembly may appropriate federal funds received by the state; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article I, Section II of the Constitution is amended by striking Paragraph VII in its entirety and inserting in lieu thereof a new Paragraph VII to read as follows:
'Paragraph VII. Separation of church and state. (a) Except as provided in subparagraph (b) of this Paragraph, no No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution.
(b) The General Assembly is authorized to provide by general law for the public funding of social services to be provided pursuant to a contract between the State of Georgia or any department or agency of the state and any separate charitable affiliate of a religious or sectarian organization. Each such contract shall be subject to the following terms and conditions:
(1) No public funds received pursuant to such contract shall be used or expended, either directly or indirectly, by any such separate charitable affiliate of a religious or sectarian organization for sectarian worship, religious instruction, or proselytizing;
(2) Any such separate charitable affiliate of a religious or sectarian organization which receives such public funds shall provide an annual accounting of the use of such funds in such manner as provided by law and shall be subject to audit by the state regarding the expenditure of such funds;
(3) No public funds provided pursuant to such contract shall be used to pay tuition or other expenses at any private, religious, or parochial school for grade one through grade 12 education;
(4) No contract shall be entered by the state or any department or agency of the state with any separate charitable affiliate of a religious or sectarian organization that advocates or promotes the overthrow of the government of the United States of America or the principles upon which the United States of America was founded;
(5) No contract shall be valid or effective until and unless the state funds for such contract have specifically been appropriated in a general appropriations Act or supplemental appropriations Act by line item appropriation specifically identifying and describing such contract;
(6) Such contract must require that the separate charitable affiliate of a religious or sectarian organization provide actual and valuable services and consideration to the state or its department or agency in return for such public funds;
(7) Such separate charitable affiliate of a religious or sectarian organization receiving such funds must be exempt from federal income taxes under the provisions of 26 U.S.C. Section 501(c)(3); and

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(8) Such separate charitable affiliate of a religious or sectarian organization receiving such funds shall not discriminate on the basis of religious affiliation, belief, or exercise in the delivery or purchase of services or goods or in its employment practices.'

SECTION 2. Article III, Section IX of the Constitution is amended by inserting at the end thereof a new Paragraph to read as follows:
'Paragraph VIII. Appropriation of federal funds authorized. The General Assembly is authorized to provide in the general appropriations Act or any supplementary appropriations Act for the appropriation of federal funds received by the state.'

SECTION 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

'( ) YES ( ) NO

Shall the Constitution of Georgia be amended so as to authorize the General Assembly by general law to provide for public funding of social services provided by separate charitable affiliates of religious or sectarian organizations pursuant to contracts for the provision of such services, to provide for conditions and requirements relative to such contracts, and to authorize the General Assembly to appropriate federal funds received by the state?'

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

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

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody

N Smith Y Starr N Staton N Stephens Y Stoner Y Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S

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Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer,N N Seabaugh Y Seay N Shafer,D

N Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 22, nays 34, and the Stoner amendment #1 was lost.

Senators Stoner of the 6th and Tate of the 38th offered the following amendment #2:

Amend SR 49 by inserting on line 4 of page 1, following the word and symbol "services;", the following:
to provide that the General Assembly may provide for the public funding of social services pursuant to a contract between the state and any separate charitable affiliate of a religious or sectarian organization; to provide that no public funding shall be used to pay tuition or other expenses at any private, religious, or parochial school for grade one through grade 12 education; . By striking lines 10 through 13 of page 1 and inserting in lieu thereof the following: Paragraph VII. Separation of church and state. No (a) Except as permitted or required by the United States Constitution, as amended, no money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution. (b) The General Assembly is authorized to provide by general law for the public funding of social services to be provided pursuant to a contract between the State of Georgia or any department or agency of the state and any separate charitable affiliate of a religious or sectarian organization. No public funds provided pursuant to such contract shall be used to pay tuition or other expenses at any private, religious, or parochial school for grade one through grade 12 education. By inserting into the ballot language appearing at lines 18 and 19 of page 1, between the word "services" and the symbol "?" the following: and to provide that, consistent with the First Amendment to the United States Constitution, no public funds will be used to pay tuition or other expenses at any private, religious, or parochial school for grade one through grade 12 education .

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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 Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer,N N Seabaugh Y Seay N Shafer,D

N Smith Y Starr N Staton N Stephens Y Stoner Y Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 22, nays 34, and the Stoner, Tate amendment #2 was lost.

Senator Adelman of the 42nd offered the following amendment #3:

Amend SR 49 by inserting on line 4 of page 1, following the word and symbol "services;", the following:
to provide that the General Assembly may provide for the public funding of social services pursuant to a contract between the state and any separate charitable affiliate of a religious or sectarian organization; to provide terms and conditions for any such contract; By striking lines 10 through 13 of page 1 and inserting in lieu thereof the following: Paragraph VII. Separation of church and state. No (a) Except as permitted or required by the United States Constitution, as amended, no money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution. (b) The General Assembly is authorized to provide by general law for the public funding of social services to be provided pursuant to a contract between the State of Georgia or any department or agency of the state and any separate charitable affiliate of a religious or sectarian organization. Each such contract shall be subject to the

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following terms and conditions: (1) No public funds received pursuant to such contract shall be used or expended, either directly or indirectly, by any such separate charitable affiliate of a religious or sectarian organization for sectarian worship, religious instruction, or proselytizing; (2) Any such separate charitable affiliate of a religious or sectarian organization which receives such public funds shall provide an annual accounting of the use of such funds in such manner as provided by law and shall be subject to audit by the state regarding the expenditure of such funds; (3) No contract shall be valid or effective until and unless the state funds for such contract have specifically been appropriated in a general appropriations Act or supplemental appropriations Act by line item appropriation specifically identifying and describing such contract; (4) Such contract must require that the separate charitable affiliate of a religious or sectarian organization provide actual and valuable services and consideration to the state or its department or agency in return for such public funds; and (5) Such separate charitable affiliate of a religious or sectarian organization receiving such funds must be exempt from federal income taxes under the provisions of 26 U.S.C. Section 501(c)(3).
By inserting in the ballot language appearing on lines 18 and 19 of page 1, between the word "services" and the symbol "?", the following: and to authorize the public funding of social services pursuant to a contract between the state and any separate charitable affiliate of a religious or sectarian organization subject to terms and conditions .

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

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance Y Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson N Powell Y Reed N Rogers N Schaefer,N

N Smith Y Starr N Staton N Stephens Y Stoner Y Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles

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N Harp N Heath Y Henson

N Seabaugh Y Seay N Shafer,D

N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 22, nays 34, and the Adelman amendment #3 was lost.

Senator Stoner of the 6th offered the following amendment #4:

Amend SR 49 by inserting on line 4 of page 1, following the word and symbol "services;", the following:
to provide that the General Assembly may provide for the public funding of social services pursuant to a contract between the state and any separate charitable affiliate of a religious or sectarian organization; to provide conditions for any such contract; . By striking lines 10 through 13 of page 1 and inserting in lieu thereof the following: Paragraph VII. Separation of church and state. No (a) Except as permitted or required by the United States Constitution, as amended, no money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution. (b) The General Assembly is authorized to provide by general law for the public funding of social services to be provided pursuant to a contract between the State of Georgia or any department or agency of the state and any separate charitable affiliate of a religious or sectarian organization. No such contract shall be entered by the state or any department or agency of the state with any separate charitable affiliate of a religious or sectarian organization that advocates or promotes the overthrow of the government of the United States of America or the principles upon which the United States of America was founded. Such separate charitable affiliate or any religious or sectarian organization receiving such funds shall not discriminate on the basis of religious affiliation, belief, or exercise in the delivery or purchase of services or goods or in its employment practices. By inserting in the ballot language appearing at lines 18 and 19 of page 1, between the word "services" and the symbol "?", the following: and to authorize the public funding of social services pursuant to a contract between the state and a separate charitable affiliate of a religious or sectarian organization on the condition that such organization shall not discriminate in the provision of services or employment .

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

Y Adelman N Balfour

N Hill,Jack N Hill,Judson

N Smith Y Starr

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Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson N Powell Y Reed N Rogers N Schaefer,N N Seabaugh Y Seay N Shafer,D

N Staton N Stephens Y Stoner Y Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 21, nays 35, and the Stoner amendment #4 was lost.

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

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

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer

Y Smith N Starr Y Staton Y Stephens N Stoner N Tate Y Thomas,D N Thomas,R N Thompson,C Y Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles

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Y Harp Y Heath N Henson

Y Seabaugh N Seay Y Shafer,D

Y Williams N Zamarripa

On the adoption of the resolution, the yeas were 35, nays 20.

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

Senator Balfour of the 9th gave notice that at the proper time, he would move that the Senate reconsider its action on SR 49.

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 3.

By Senators Smith of the 52nd, Johnson of the 1st, Seabaugh of the 28th, Stephens of the 27th, Hamrick of the 30th and others:

A BILL to be entitled an Act to amend Titles 9, 24, and 51 of the O.C.G.A., relating respectively to civil practice; evidence; and torts, so as to provide for substantive and comprehensive revision of provisions regarding civil practice, evidentiary matters, and liability in tort actions in general and actions related to health care in particular; to provide for legislative findings; to change provisions relating to venue in actions with joint defendants; to change provisions relating to affidavits accompanying charges of professional malpractice; to provide for defendants access to plaintiffs health information in medical malpractice cases; to provide for offers for judgment and the effect thereof; to provide that certain statements of apology or fault by health care providers shall not be admitted as evidence in civil actions; to repeal conflicting laws; and for other purposes.

The Calendar was resumed.

SB 26. By Senators Cagle of the 49th, Bulloch of the 11th, Stephens of the 27th and Pearson of the 51st:

A BILL to be entitled an Act to amend Code Section 41-1-7 of the Official Code of Georgia Annotated, relating to treatment of agricultural facilities and

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operations and forest land as nuisances, so as to provide for legislative declarations; to define a term; to repeal conflicting laws; and for other purposes.
Senator Tolleson of the 20th offered the following amendment:
Amend SB 26 by on page 2 line 3 and 4 delete poultry by-products, meat by-products

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

Adelman N Balfour Y Brown N Bulloch N Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden Y Grant N Hamrick Y Harbison Y Harp
Heath N Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens
Johnson Y Jones N Kemp N Me V Bremen Y Miles N Moody N Mullis N Pearson N Powell N Reed N Rogers N Schaefer,N N Seabaugh Y Seay N Shafer,D

N Smith N Starr N Staton N Stephens
Stoner Y Tate N Thomas,D N Thomas,R Y Thompson,C N Thompson,S Y Tolleson Y Unterman N Walker N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 15, nays 37, and the Tolleson 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:

E Adelman Y Balfour
Brown

Y Hill,Jack Y Hill,Judson Y Hooks

Y Smith Y Starr Y Staton

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Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C N Thompson,S N Tolleson N Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 4.

SB 26, having received the requisite constitutional majority, was passed.

Senator Hooks of the 14th asked unanimous consent that Senator Adelman of the 42nd be excused. The consent was granted, and Senator Adelman was excused.

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

SB 3. By Senators Smith of the 52nd, Johnson of the 1st, Seabaugh of the 28th, Stephens of the 27th, Hamrick of the 30th and others:

A BILL to be entitled an Act to amend Titles 9, 24, and 51 of the O.C.G.A., relating respectively to civil practice; evidence; and torts, so as to provide for substantive and comprehensive revision of provisions regarding civil practice, evidentiary matters, and liability in tort actions in general and actions related to health care in particular; to provide for legislative findings; to change provisions relating to venue in actions with joint defendants; to change provisions relating to affidavits accompanying charges of professional malpractice; to provide for defendants access to plaintiffs health information in medical malpractice cases; to provide for offers for judgment and the effect thereof; to provide that certain statements of apology or fault by health care providers shall not be admitted as evidence in civil actions; 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 Titles 9, 24, 33, 43, and 51 of the Official Code of Georgia Annotated, relating respectively to civil practice; evidence; insurance; professions and businesses; and torts, so as to provide for substantive and comprehensive revision of provisions regarding civil practice, evidentiary matters, and liability in tort actions in general and actions related to health care in particular; to provide for legislative findings; to change provisions relating to venue in actions with joint defendants; to provide that the courts of this state may under certain circumstances decline to decide cases under the doctrine of forum non conveniens; to change provisions relating to affidavits accompanying charges of professional malpractice; to provide for defendants access to plaintiffs health information in medical malpractice cases; to provide for offers for judgment and the effect thereof; to provide new procedures for damages for frivolous claims and defenses; to provide that certain statements of apology or similar statements by health care providers shall not be admitted as evidence in civil actions; to change provisions relating to opinions of experts in civil cases; to create provisions regarding expert opinions in certain malpractice civil actions; to change provisions relating to reporting of medical malpractice judgments and settlements; to provide for investigations and remedial actions with respect to physicians fitness to practice under certain circumstances; to change provisions relating to establishment of liability and standard of care in certain actions relating to emergency health care; to change provisions relating to agency liability of hospitals; to change provisions relating to apportionment of award according to degree of fault; to create provisions relating to apportioning damages in certain malpractice actions; to limit noneconomic damages in certain actions relating to health care; to provide for payment over time of certain future damages in certain actions; to provide for related matters; to provide for severability; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds that there presently exists a crisis affecting the provision and quality of health care services in this state. 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 a resulting adverse impact on the health and well-being of the citizens of this state. The General Assembly further finds that certain civil justice and health care regulatory reforms as provided in this Act will promote predictability and improvement in the provision of quality health care services and the resolution of health care liability claims and will thereby assist in promoting the provision of health care liability insurance by insurance providers. The General Assembly further finds that

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certain needed reforms affect not only health care liability claims but also other civil actions and accordingly provides such general reforms in this Act.
SECTION 2. 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 its place new Code Sections 9-10-31 and 910-31.1 to read as follows:
9-10-31. (a) The General Assembly finds that Paragraph IV of Section II 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. (b) Subject to the provisions of Code Section 9-10-31.1, joint 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:
(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.
(c) In any action involving a medical malpractice claim as defined in Code Section 9-9-60, a nonresident defendant may require that the case be transferred to the county of that defendants residence if the tortious act upon which the medical malpractice claim is based occurred in the county of that defendants residence. (b)(d) 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. (d) For purposes of this Code section, trial shall be deemed to have commenced upon

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the jury being sworn or, in the instance of a trial without a jury, upon the first witness being sworn. (e) 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.
9-10-31.1. (a) If a court of this state, on written motion of a party, finds that in the interest of justice and for the convenience of the parties and witnesses a claim or action would be more properly heard in a forum outside this state or in a different county of proper venue within this state, the court shall decline to adjudicate the matter under the doctrine of forum non conveniens. As to a claim or action that would be more properly heard in a forum outside this state, the court shall dismiss the claim or action. As to a claim or action that would be more properly heard in a different county of proper venue within this state, the venue shall be transferred to the appropriate county. In determining whether to grant a motion to dismiss an action or to transfer venue under the doctrine of forum non conveniens, the court shall give consideration to the following factors:
(1) Relative ease of access to sources of proof; (2) Availability and cost of compulsory process for attendance of unwilling witnesses; (3) Possibility of viewing of the premises, if viewing would be appropriate to the action; (4) Unnecessary expense or trouble to the defendant not necessary to the plaintiffs own right to pursue his or her remedy; (5) Administrative difficulties for the forum courts; (6) Existence of local interests in deciding the case locally; and (7) The traditional deference given to a plaintiffs choice of forum. (b) A court may not dismiss a claim under this Code section until the defendant files with the court or with the clerk of the court a written stipulation that, with respect to a new action on the claim commenced by the plaintiff, all the defendants waive the right to assert a statute of limitations defense in all other states of the United States in which the claim was not barred by limitations at the time the claim was filed in this state as necessary to effect a tolling of the limitations periods in those states beginning on the date the claim was filed in this state and ending on the date the claim is dismissed.
SECTION 3. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking Code Section 9-11-9.1, relating to affidavits in professional malpractice cases, and inserting in its place a new Code section to read as follows:
9-11-9.1. (a) In any action for damages alleging professional malpractice against a professional licensed by the State of Georgia and listed in subsection (f)(d) of this Code section or

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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)(d) 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. (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 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. (c) 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. (d)(b) If a plaintiff files an affidavit which is allegedly defective, and the defendant to whom it pertains alleges, with specificity, by motion to dismiss filed contemporaneously with its initial responsive pleading on or before the close of discovery, that said affidavit is defective, the plaintiffs complaint is subject to dismissal for failure to state a claim, 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. The trial court may, in the exercise of its discretion, extend the time for filing said amendment or response to the motion, or both, as it shall determine justice requires. (e)(c) 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. (f)(d) The professions to which this Code section applies are:
(1) Architects; (2) Audiologists; (2)(3) Attorneys at law; (3)(4) Certified public accountants;

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(4)(5) Chiropractors; (5)(6) Clinical social workers; (6)(7) Dentists; (7)(8) Dietitians; (8)(9) Land surveyors; (9)(10) Medical doctors; (10)(11) Marriage and family therapists; (11)(12) Nurses; (12)(13) Occupational therapists; (13)(14) Optometrists; (14)(15) Osteopathic physicians; (15)(16) Pharmacists; (16)(17) Physical therapists; (17)(18) Physicians assistants; (18)(19) Professional counselors; (19)(20) Professional engineers; (20)(21) Podiatrists; (21)(22) Psychologists; (22)(23) Radiological technicians; (23)(24) Respiratory therapists; or (25) Speech-language pathologists; or (24)(26) Veterinarians.
SECTION 4. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by inserting 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 (d) of Code Section 9-11-9.1, against a professional corporation or other legal entity that provides health care services through a professional licensed by the State of Georgia and listed in subsection (d) of Code Section 9-11-9.1, 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 (d) of Code Section 9-11-9.1, contemporaneously with the filing of the complaint, the plaintiff shall be required to file a medical authorization form. Failure to provide this authorization shall subject the complaint to dismissal. (b) The authorization shall provide that the attorney representing the defendant is authorized to obtain and disclose protected health information contained in medical records to facilitate the investigation, evaluation, and defense of the claims and allegations set forth in the complaint which pertain to the plaintiff or, where applicable, the plaintiffs decedent whose treatment is at issue in the complaint. This authorization includes the defendants attorneys right to discuss the care and treatment of the plaintiff or, where applicable, the plaintiffs decedent with all of the plaintiffs or

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decedents treating physicians. (c) The authorization shall provide for the release of all protected health information except information that is considered privileged and shall authorize the release of such information by any physician or health care facility by which health care records of the plaintiff or the plaintiffs decedent would be maintained.
SECTION 5. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by inserting in place of Code Section 9-11-68, which is reserved, a new Code Section 911-68 to read as follows:
9-11-68. (a) At any time more than 30 days after the service of a summons and complaint on a party but not less than 30 days (or 20 days if it is a counteroffer) before trial, either party may serve upon the other party, but shall not file with the court, a written offer, denominated as an offer under this Code section, to settle a tort claim for the money specified in the offer and to enter into an agreement dismissing the claim or to allow judgment to be entered accordingly. Any offer under this Code section must:
(1) Be in writing and state that it is being made pursuant to this Code section; (2) Identify the party or parties making the proposal and the party or parties to whom the proposal is being made; (3) Identify generally the claim or claims the proposal is attempting to resolve; (4) State with particularity any relevant conditions; (5) State the total amount of the proposal; (6) State with particularity the amount proposed to settle a claim for punitive damages, if any; (7) State whether the proposal includes attorneys fees or other expenses and whether attorneys fees or other expenses are part of the legal claim; and (8) Include a certificate of service and be served by certified mail or statutory overnight delivery in the form required by Code Section 9-11-5. (b) When the complaint sets forth a tort claim for money, if the offeree rejects or does not accept the offer and the judgment finally obtained by the offeree was not at least 25 percent more favorable than the last offer, the offeree shall pay the offerors reasonable attorneys fees and costs incurred after the rejection of the last offer. (c) Any offer made under this Code section shall remain open for 30 days unless sooner withdrawn by a writing served on the offeree prior to acceptance by the offeree, but an offeror shall not be entitled to attorneys fees and costs under subsection (b) of this Code section to the extent an offer is not open for at least 30 days (unless it is rejected during that 30 day period). A counteroffer shall be deemed a rejection but may serve as an offer under this Code section if it is specifically denominated as an offer under this Code section. Acceptance or rejection of the offer by the offeree must be in writing and served upon the offeror. An offer that is neither withdrawn nor accepted within 30 days shall be deemed rejected. The fact that an offer is made but not accepted does not preclude a subsequent offer. Evidence of an offer is not admissible except in

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proceedings to enforce a settlement or to determine reasonable attorneys fees and costs under this Code section. (d) Upon motion made within 30 days of the entry of the judgment or after voluntary or involuntary dismissal, the court shall determine the following:
(1) If the offer of judgment was 25 percent more favorable than the monetary award, the court shall award reasonable attorneys fees and costs and the court shall set off such reasonable attorneys fees and costs against any award; and (2) If a party is entitled to costs and fees pursuant to the provisions of this Code section, the court may determine that an offer was not made in good faith in an order setting forth the basis for such a determination. In such case, the court may disallow an award of attorneys fees and costs. (e) Upon motion by the prevailing party at the time that the verdict or judgment is rendered, the moving party may request that the finder of fact determine whether the opposing party presented a frivolous claim or defense. In such event, the court shall hold a separate bifurcated hearing at which the finder of fact shall make a determination of whether such frivolous claims or defenses were asserted and to award damages, if any, against the party presenting such frivolous claims or defenses. Under this subsection: (1) Frivolous claims shall include, but are not limited to, the following:
(A) A claim, defense, or other position that lacks substantial justification or that is not made in good faith or that is made with malice or a wrongful purpose, as those terms are defined in Code Section 51-7-80; (B) A claim, defense, or other position with respect to which there existed such a complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim, defense, or other position; and (C) A claim, defense, or other position that was interposed for delay or harassment; (2) Damages awarded may include reasonable and necessary attorneys fees and expenses of litigation; and (3) A party may elect to pursue either the procedure specified in this subsection or the procedure specified in Code Section 9-15-14, but not both.
SECTION 6. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by inserting after 24-3-37 a new Code Section 24-3-37.1 to read as follows:
24-3-37.1. (a) The General Assembly finds that conduct, statements, or activity constituting voluntary offers of assistance or expressions of benevolence, regret, mistake, error, sympathy, or apology between or among parties or potential parties to a civil action should be encouraged and should not be considered an admission of liability. The General Assembly further finds that such conduct, statements, or activity should be particularly encouraged between health care providers and patients experiencing an unanticipated outcome resulting from their medical care. Regulatory and accreditation

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agencies are in some instances requiring health care providers to discuss the outcomes of their medical care and treatment with their patients, including unanticipated outcomes, and studies have shown such discussions foster improved communications and respect between provider and patient, promote quicker recovery by the patient, and reduce the incidence of claims and lawsuits arising out of such unanticipated outcomes. The General Assembly therefore concludes certain steps should be taken to promote such conduct, statements, or activity by limiting their admissibility in civil actions. (b) As used in this Code section, the term:
(1) 'Health care provider' means any person licensed under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43 or any hospital, nursing home, home health agency, institution, or medical facility licensed or defined under Chapter 7 of Title 31. The term shall also include any corporation, professional corporation, partnership, limited liability company, limited liability partnership, authority, or other entity comprised of such health care providers. (2) 'Unanticipated outcome' means the outcome of a medical treatment or procedure, whether or not resulting from an intentional act, that differs from an expected or intended result of such medical treatment or procedure. (c) In any claim or civil action brought by or on behalf of a patient allegedly experiencing an unanticipated outcome of medical care, any and all statements, affirmations, gestures, activities or conduct expressing benevolence, regret, apology, sympathy, commiseration, condolence, compassion, mistake, error, or a general sense of benevolence which are made by a health care provider or an employee or agent of a health care provider to the patient, a relative of the patient, or a representative of the patient and which relate to the unanticipated outcome shall be inadmissible as evidence and shall not constitute an admission of liability or an admission against interest.
SECTION 7. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by striking Code Section 24-9-67, relating to expert opinion evidence, and inserting in its place new Code Sections 24-9-67 and 24-9-67.1 to read as follows:
24-9-67. The In criminal cases, 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.
24-9-67.1 (a) The provisions of this Code section shall apply in all civil actions. The opinion of a witness qualified as an expert under this Code section may be given on the facts as proved by other witnesses. The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing or trial. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence in order for the opinion or inference to be admitted.

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Facts or data that are otherwise inadmissible shall not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the experts opinion substantially outweighs their prejudicial effect. (b) If scientific, technical, or other specialized knowledge will assist the trier of fact in any cause of 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 are or will be admitted into evidence at the hearing or trial; (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. (c) Notwithstanding the provisions of subsection (b) of this Code section and any other provision of law which might be construed to the contrary, in professional malpractice actions, the opinions of an expert, who is otherwise qualified as to the acceptable standard of conduct of the professional 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; and (2) In the case of a medical malpractice action, had actual professional knowledge and experience in the area of practice or specialty in which the opinion is to be given as the result of having been regularly engaged in:
(A) The active practice of such area of specialty of his or her profession for at least three of the last five years, with sufficient frequency to establish an appropriate level of knowledge, as determined by the judge, in performing the procedure, diagnosing the condition, or rendering the treatment which is alleged to have been performed or rendered negligently by the defendant whose conduct is at issue; or (B) The teaching of his or her profession for at least three of the last five years as an employed member of the faculty of an educational institution accredited in the teaching of such profession, with sufficient frequency to establish an appropriate level of knowledge, as determined by the judge, in teaching others how to perform the procedure, diagnose the condition, or render the treatment which is alleged to have been performed or rendered negligently by the defendant whose conduct is at issue; and (C) Except as provided in subparagraph (D) of this paragraph:
(i) Is a member of the same profession; (ii) Is a medical doctor testifying as to the standard of care of a defendant who is a doctor of osteopathy; or (iii) Is a doctor of osteopathy testifying as to the standard of care of a defendant who is a medical doctor; and (D) Notwithstanding any other provision of this Code section, an expert who is a

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physician and, as a result of having, during at least three of the last five years immediately preceding the time the act or omission is alleged to have occurred, 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 shall be competent to testify as to the standard of that health care provider. However, a nurse, nurse practitioner, certified registered nurse anesthetist, nurse midwife, physicians assistant, physical therapist, occupational therapist, or medical support staff shall not be competent to testify as to the standard of care of a physician. (d) Upon motion of a party, the court may hold a pretrial hearing to determine whether the witness qualifies as an expert and whether the experts testimony satisfies the requirements of subsections (a) and (b) of this Code section. Such hearing and ruling shall be completed no later than the final pretrial conference contemplated under Code Section 9-1 1-16. (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. (f) It is the intent of the legislature that, in all civil cases, the courts of the State of Georgia not be viewed as open to expert evidence that would not be admissible in other states. Therefore, in interpreting and applying this Code section, the courts of this state may draw from the opinions of the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993); General Electric Co. v. Joiner, 522 U.S. 136 (1997); Kumho Tire Co. Ltd. v. Carmichael, 526 U.S. 137 (1999); and other cases in federal courts applying the standards announced by the United States Supreme Court in these cases.
SECTION 8. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking subsection (b) of Code Section 33-3-27, relating to reports of medical malpractice judgments and settlements, and inserting in its place a new subsection (b) to read as follows:
(b) Every insurer providing medical malpractice insurance coverage in this state shall notify in writing the Composite State Board of Medical Examiners when it pays a judgment in excess of $10,000.00 or enters into an agreement to pay an amount in excess of $10,000.00 to settle a medical malpractice claim against a person authorized by law to practice medicine in this state; such. Such judgments or agreements shall be reported to the board regardless of the dollar amount if the records of the insurer establish that there have been two or more previous judgments against or settlements with a licensed physician which relate to the practice of medicine. Such notice shall be sent within 30 days after the judgment has been paid or the agreement has been entered into by the parties involved in the claim.

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SECTION 9. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking subsection (i) of Code Section 43-34-37, relating to disciplinary actions involving physicians, and inserting in its place new subsections (i) and (j) to read as follows:
(i) The board shall investigate a licensees or permit holders fitness to practice medicine if the board has received regarding that licensee a notification, pursuant to Code Section 33-3-27, regarding that licensee or permit holder of a medical malpractice judgment or settlement in excess of $100,000.00 or a notification pursuant to Code Section 33-3-27 that there have been two or more previous judgments against or settlements with the licensee or permit holder relating to the practice of medicine involving an action for medical malpractice. Every licensee or permit holder shall notify the board of any settlement or judgment involving the licensee or permit holder and relating to the practice of medicine in excess of $20,000.00 involving an action for medical malpractice. (j) The board shall conduct an assessment of a licensees fitness to practice medicine if it has disciplined the licensee three times in the last ten years as a result of an action for medical malpractice. The assessment shall include an examination of the licensees entire history with respect to the practice of medicine and a one day on-site visit to the licensees current practice location. The assessment shall be completed within six months of the third disciplinary action. As a result of its findings the board may take any action it deems necessary to reduce medical errors and promote patient safety, including revocation, suspension, or limiting the licensees license or requiring additional clinical training, additional continuing medical education, proctoring, or referral to appropriate rehabilitation facilities. As used in this subsection, the term 'action for medical malpractice' shall have the same meaning as provided in Code Section 9-3-70. The board shall implement this subsection upon the effective date of a specific appropriation of funds for purposes of this subsection as expressed in a line item making specific reference to the full funding of this subsection in an appropriations Act enacted by the General Assembly.
SECTION 10. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding a new Code section immediately following Code Section 51-1-29.4, to be designated Code Section 51-1-29.5 to read as follows:
51-1-29.5. (a) As used in this Code section, the term:
(1) 'Affiliate' means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with a specified person, including any direct or indirect parent or subsidiary. (2) '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

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considered a single claimant. (3) 'Control' means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of the person, whether through ownership of equity or securities, by contract, or otherwise. (4) 'Court' means any federal or state court. (5) 'Emergency medical care' means bona fide emergency services provided after the onset of a medical or traumatic 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 placing the patients health in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part. The term does not include medical care or treatment that occurs after the patient is stabilized and is capable of receiving medical treatment as a nonemergency patient or care that is unrelated to the original medical emergency. (6) 'Emergency medical services provider' means any person providing emergency medical care. (7) 'Health care' means any act or treatment performed or furnished, or that should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patients medical care, treatment, or confinement. (8) 'Health care institution' means:
(A) An ambulatory surgical center; (B) A personal care home licensed under Chapter 7 of Title 31; (C) An institution providing emergency medical services; (D) A hospice; (E) A hospital; (F) A hospital system; (G) An intermediate care facility for the mentally retarded; or (H) A nursing home. (9) 'Health care liability claim' means a cause of action against a health care provider or physician for treatment, lack of treatment, or other claimed departure from accepted standards of medical care, health care, or safety or professional or administrative services directly related to health care, which departure from standards proximately results in injury to or death of a claimant. (10) 'Health care provider' means: (A) Any person, partnership, professional association, corporation, facility, or institution duly licensed, certified, registered, or chartered by the State of Georgia to provide health care, including but not limited to:
(i) A registered nurse; (ii) A dentist; (iii) A podiatrist; (iv) A pharmacist; (v) A chiropractor; (vi) An optometrist; or (vii) A health care institution; and

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(B) Any person who is: (i) An officer, director, shareholder, member, partner, manager, owner, or affiliate of a health care provider or physician; or (ii) An employee, independent contractor, or agent of a health care provider or physician acting in the course and scope of the employment or contractual relationship.
(11) 'Hospice' means a facility licensed as such under the 'Georgia Hospice Law,' Article 9 of Chapter 7 of Title 31. (12) 'Hospital' means a facility licensed as such under Chapter 7 of Title 31. (13) 'Hospital system' means a system of hospitals located in this state that are under the common governance or control of a corporate parent. (14) 'Medical care' means any act defined as the practice of medicine under Code Section 43-34-20. (15) 'Nursing home' means a facility licensed as such under Chapter 7 of Title 31. (16) 'Pharmacist' means a person licensed as such under Chapter 4 of Title 26. (17) 'Physician' means an individual licensed to practice medicine in this state, a professional association organized by an individual physician or group of physicians, or a partnership or limited liability partnership formed by a group of physicians. (18) 'Professional or administrative services' means those duties or services that a physician or health care provider is required to provide as a condition of maintaining the physicians or health care providers license, accreditation status, or certification to participate in state or federal health care programs. (b) Any legal term or word of art used in this chapter, not otherwise defined in this chapter, shall have such meaning as is consistent with the common law. (c) In an action involving a health care liability claim arising out of the provision of emergency medical care in a hospital emergency department or obstetrical unit or in a surgical suite immediately following the evaluation or treatment of a patient in a hospital emergency department, no physician or health care provider shall be held liable unless it is proven by clear and convincing evidence that the physician or health care providers actions showed gross negligence. (d) In an action involving a health liability claim arising out of the provision of emergency medical care in a hospital emergency department or obstetrical unit or in a surgical suite immediately following the evaluation or treatment of a patient in a hospital emergency department, the court shall instruct the jury to consider, together with all other relevant matters: (1) Whether the person providing care did or did not have the patients medical history or was able or unable to obtain a full medical history, including the knowledge of preexisting medical conditions, allergies, and medications; (2) The presence or lack of a preexisting physician-patient relationship or health care provider-patient relationship; (3) The circumstances constituting the emergency; and (4) The circumstances surrounding the delivery of the emergency medical care.

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SECTION 11. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding immediately following Code Section 5l-2-5, 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) 'Health care professional' means a professional licensed as an audiologist, chiropractor, clinical social worker, dentist, dietitian, medical doctor, marriage and family therapist, registered professional or licensed practical nurse, occupational therapist, optometrist, osteopathic physician, pharmacist, physical therapist, physicians assistant, professional counselor, podiatrist, psychologist, radiological technician, respiratory therapist, or speech-language pathologist. (2) 'Hospital' means a facility that has a valid permit or provisional permit issued by the Department of Human Resources under Chapter 7 of Title 31.
(b) Notwithstanding the provisions of Code Section 51-2-5, no hospital which complies with the notice provisions of either subsection (c) or subsection (d) of this Code section shall be liable in a tort action for the acts or omissions of a health care professional unless there exists an actual agency or employment relationship between the hospital and the health care professional. (c) The hospital shall post a notice in the form and manner described herein. Such notice shall:
(1) Be posted conspicuously in the hospital lobby or a public area of the hospital; (2) Contain print at least one inch high; and (3) Provide language substantially similar to the following:
'Some or all of the health care professionals performing services in this hospital are independent contractors and are not hospital agents or employees. Independent contractors are responsible for their own actions and the hospital shall not be liable for the acts or omissions of any such independent contractors.' (d) The hospital shall have the patient or the patients personal representative sign a written acknowledgment that contains language substantially similar to that set forth in paragraph (3) of subsection (c) of this Code section. (e) The notice required in this Code section shall be sufficient if it meets the requirements of either subsection (c) or subsection (d) of this Code section even if the patient or the patients personal representative did not see or read such notice for any reason, including but not limited to medical condition or language proficiency. (f) Whether a health care professional is an actual agent, an employee, or an independent contractor shall be determined by the language of the contract between the health care professional and the hospital. In the absence of such a contract, or if the contract is unclear or ambiguous, a health care professional shall only be considered the hospitals employee or actual agent if it can be shown by a preponderance of the evidence that the hospital reserves the right to control the time, manner, or method in which the health care professional performs the services for which licensed, as distinguished from the right to merely require certain definite results.

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(g) If the court finds that there is no contract or that the contract is unclear or ambiguous as to the relationship between the hospital and health care professional, the court shall apply the following:
(1) Factors that may be considered as evidence the hospital exercises a right of control over the time, manner, or method of the health care professionals services include: the parties believed they were creating an actual agency or employment relationship; the health care professional receives substantially all the employee benefits received by actual employees of the hospital; the hospital directs the details of the health care professionals work step-by-step; the health care professionals services are terminable at the will of the hospital without cause and without notice; the hospital withholds, or is required to withhold, federal and state taxes from the remuneration paid to the health care professional for services to the patients of the hospital; and factors not specifically excluded in paragraph (2) of this subsection; and (2) Factors that shall not be considered as evidence a hospital exercises a right of control over the time, manner, or method of the health care professionals services include: a requirement by the hospital that such health care professional treat all patients or that any health care professional or group is obligated to staff a hospital department continuously or from time to time; the hospitals payment to the health care professional on an hourly basis; the provision of facilities or equipment by the hospital; the fact a health care professional does not maintain a separate practice outside the hospital; the source of the payment for the professional liability insurance premium for that health care professional; the fact that the professional fees for services are billed by the hospital; or any requirement by the hospital that such health care professional engage in conduct required to satisfy any state or federal statute or regulation, any standard of care, any standard or guideline set by an association of hospitals or health care professionals, or any accreditation standard adopted by a national accreditation organization.
SECTION 12. 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 persons, 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. 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.

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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 fault of the plaintiff and the judge shall reduce the amount of damages otherwise awarded to the plaintiff in proportion to his or her percentage of fault. (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 percentage 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. (c) In assessing percentages of fault, the trier of fact shall consider the fault of all persons or entities who contributed to the alleged injury or damages, regardless of whether the person or entity was, or could have been, named as a party to the suit.
(d)(1) Negligence or fault of a nonparty shall be considered if the plaintiff entered into a settlement agreement with the nonparty or if a defending party gives notice not later than 120 days prior to the date of trial that a nonparty was wholly or partially at fault. (2) The notice shall be given by filing a pleading in the action designating the nonparty and setting forth the nonpartys name and last known address, or the best identification of the nonparty which is possible under the circumstances, together with a brief statement of the basis for believing the nonparty to be at fault. (e) Nothing in this Code section shall eliminate or diminish any defenses or immunities which currently exist, except as expressly stated in this Code section. (f)(1) Assessments of percentages of fault of nonparties shall be used only in the determination of the percentage of fault of named parties. (2) Where fault is assessed against nonparties pursuant to this Code section, findings of fault shall not subject any nonparty to liability in any action or be introduced as

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evidence of liability in any action. (g) 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.
SECTION 13. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding a new Chapter 13 to read as follows:
CHAPTER 13
51-13-1. (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 medical malpractice action. 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, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43. The term shall also include any corporation, professional corporation, partnership, limited liability company, limited liability partnership, authority, or other entity comprised of such health care providers. (3) 'Medical facility' means any institution or medical facility licensed under Chapter 7 of Title 31 or any combination thereof under common ownership, operation, or control. (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 or earnings capacity; (C) Income; (D) Funeral and burial expenses; (E) The value of services performed by the injured in the absence of the injury or death including those domestic and other necessary services performed without compensation; 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 $350,000.00, 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.

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(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 $350,000.00, 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 $350,000.00 from any single medical facility and $700,000.00 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 $1,050,000.00. (f) In any medical malpractice action, if an award of future damages equaling or exceeding $350,000.00 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.
SECTION 14. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
SECTION 15. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Code Sections 51-12-31 and 51-12-33, as amended by this Act, and Code Sections 51-1-29.5, 51-2-5.1, and 51-13-1, as enacted by this Act, shall apply only with respect to causes of action arising on or after the effective date of this Act, and any prior causes of action shall continue to be governed by prior law. It is the intention of the General Assembly that all other provisions of this Act shall apply to causes of action pending on its effective date, unless such application would be unconstitutional.

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SECTION 16. 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 3.

Senator Thompson of the 33rd moved that the Senate adjourn.

On the motion to adjourn, which takes precedence, the yeas were 18, nays 35; the motion to adjourn lost.

Senator Meyer von Bremen of the 12th asked unanimous consent that he be excused from voting on SB 3 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Meyer von Bremen was excused.

On the previous motion to agree to the House substitute to SB 3, a roll call was taken and the vote was as follows:

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter N Chance N Chapman N Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison N Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson Y Jones Y Kemp E Me V Bremen N Miles N Moody Y Mullis Y Pearson N Powell N Reed N Rogers Y Schaefer Y Seabaugh N Seay N Shafer,D

Y Smith Y Starr N Staton Y Stephens N Stoner N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson Y Unterman N Walker N Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the motion, the yeas were 28, nays 27; the motion lost, and the Senate did not agree to the House substitute to SB 3.

Senator Stephens of the 27th moved that the Senate stand adjourned pursuant to HR 198, until 1:00 p.m. Monday, February 14, 2005; the motion prevailed, and at 4:13 p.m. the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Monday, February 14, 2005 Seventeenth Legislative Day
The Senate met pursuant to adjournment at 1:00 p.m. today and was called to order by the President.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
Senator Balfour of the 9th moved that the Senate reconsider its action in defeating the following resolution.
SR 49. By Senators Harp of the 29th, Shafer of the 48th, Hill of the 32nd, Schaefer of the 50th, Pearson of the 51st and others:
A RESOLUTION proposing an amendment to the Constitution, in a manner consistent with the United States Constitution, so as to prevent discrimination in the public funding of social services by allowing religious or sectarian organizations to receive public aid, directly or indirectly, for the provision of such services; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
On the motion, the yeas were 33, nays 11; the motion prevailed, and SR 49 was reconsidered and placed on the General Calendar.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following Bills of the House and Senate:
HB 247. By Representatives Ray of the 136th and Talton of the 145th:
A BILL to be entitled an Act to amend an Act incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4622), so

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HB 262. HB 271.

as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.
By Representatives Carter of the 159th, Bryant of the 160th, Bordeaux of the 162nd, Day of the 163rd, Stephens of the 164th and others:
A BILL to be entitled an Act to amend an Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, so as to provide for nonpartisan election of the members of the board of education; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
By Representatives Smyre of the 132nd, Smith of the 129th, Hugley of the 133rd, Smith of the 131st and Buckner of the 130th:
A BILL to be entitled an Act to amend an Act providing a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as to abolish the Columbus Industrial and Port Development Commission and to repeal certain Acts and constitutional amendments related to its powers, duties, and functions; to repeal an Act approved March 18, 1986 (Ga. L. 1986, p. 3780), that continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 47 (House Resolution 170-372) enacted at the 1965 session of the General Assembly and that was duly ratified at the 1966 general election (Ga. L. 1965, p. 702), relating to the creation of the Columbus-Muscogee County Port Development Commission; to repeal that constitutional amendment that was proposed by Resolution Act No. 47 (House Resolution 170-372) enacted at the 1965 session of the General Assembly and that was duly ratified at the 1966 general election (Ga. L. 1965, p. 702), relating to the creation of the Columbus-Muscogee County Port Development Commission; to repeal an Act approved March 18, 1986 (Ga. L. 1986, p. 3782), that continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 64 (House Resolution 106-252) enacted at the 1967 session of the General Assembly and that was duly ratified at the 1968 general election (Ga. L. 1967, p. 947), relating to the creation of the Muscogee County Industrial Development Authority; to repeal that constitutional amendment that was proposed by Resolution Act No. 64 (House Resolution 106-252) enacted at the 1967 session of the General Assembly and that was duly ratified at the 1968 general election (Ga. L. 1967, p. 947), relating to the creation of the Muscogee County Industrial

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HB 283. HB 284. HB 295.
HB 302.

Development Authority; to provide for a referendum; to provide for effective dates and automatic repeal; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended, and the duties of the governing authority of Columbus, Georgia, related thereto; to repeal conflicting laws; and for other purposes.
By Representatives Day of the 163rd and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act amending an Act providing for a base year assessed value homestead exemption from City of Vernonburg ad valorem taxes for municipal purposes, approved May 17, 2004 (Ga. L. 2004, p. 4318), so as to correct certain typographical errors; to repeal conflicting laws; and for other purposes.
By Representatives Day of the 163rd and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act amending an Act providing for a base year assessed value homestead exemption from City of Tybee Island ad valorem taxes for municipal purposes, approved May 17, 2004 (Ga. L. 2004, p. 4321), so as to correct certain typographical errors; to repeal conflicting laws; and for other purposes.
By Representatives Millar of the 79th, Watson of the 91st, Jacobs of the 80th, Chambers of the 81st, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend an Act entitled the "Unincorporated DeKalb County Community Improvement District Act of 1998," approved April 2, 1998 (Ga. L. 1998, p. 4228), as amended by an Act approved January 7, 1999 (Ga. L. 1999, p. 4805), so as to increase the number of board members on the governing body of the community improvement district authorized by such Act; to change the provisions relating to filling vacancies on the governing body of the community improvement district; to provide for appointment of an elector to fill a vacancy in certain circumstances; to provide for the term of service of such appointed members; to limit the number of appointed members serving simultaneously; to provide for a special election to fill a vacancy in certain circumstances; to provide for an effective date; to repeal conflicting laws; and for other purposes.
By Representative Scott of the 2nd:
A BILL to be entitled an Act to provide a homestead exemption from Dade County school district ad valorem taxes for educational purposes for the

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HB 321. HB 332. HB 356. HB 360.

full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
By Representatives Manning of the 32nd, Ehrhart of the 36th, Cooper of the 41st, Tumlin of the 38th, Johnson of the 37th and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4373), so as to change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes.
By Representative Jamieson of the 28th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Stephens County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representative Benton of the 31st:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Commerce, approved April 4, 1991 (Ga. L. 1991, p. 4042), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3926), so as to authorize the board of education to set the millage rate for the school districts property tax; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representative Stephens of the 164th:
A BILL to be entitled an Act to provide a new charter for the City of Richmond Hill; 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

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and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for other matters relative to the foregoing; to repeal specific Acts; to provide for effective dates; to repeal conflicting laws; and for other purposes.

SB 42.

By Senator Douglas of the 17th:

A BILL to be entitled an Act to amend an Act incorporating the City of Social Circle, approved August 4, 1904 (Ga. L. 1904, p. 626), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.

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

SB 168. By Senators Rogers of the 21st, Johnson of the 1st, Stephens of the 27th, Seabaugh of the 28th, Pearson of the 51st and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates bearing the National Association for Stock Car Auto Racing (NASCAR) logo and promoting specific drivers or general motorsports; to support the Governors Highway Safety Program; to provide for issuance, renewal, fees, licensing agreements, applications, transfers, and disposition of funds relative to such license plates; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Public Safety and Homeland Security Committee.

SB 169. By Senators Rogers of the 21st, Pearson of the 51st, Seabaugh of the 28th, Cagle of the 49th, Schaefer of the 50th and others:

A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the O.C.G.A., relating to contracts for public works, so as to prohibit any department, agency, or instrumentality of the state or any political subdivision of the state from entering into a contract for the performance of services within the State of Georgia unless the contract provides that only persons who are citizens or nationals of the United States shall perform the services under the contract or any subcontract thereunder; to provide for certain provisions to be included in any such contracts; to prohibit retaliation against a party filing a complaint for violation of these provisions; to provide for administrative complaints; to provide for judicial review; to provide for related matters; to provide an

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effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

SB 170. By Senators Rogers of the 21st, Pearson of the 51st, Cagle of the 49th, Schaefer of the 50th, Douglas of the 17th and others:
A BILL to be entitled an Act to amend Chapter 16 of Title 40 of the Official Code of Georgia Annotated, relating to administration of the Department of Motor Vehicle Safety, so as to create a procedure for verifying any claim of legal domicile or residence in Georgia for any purpose for which legal residence or domicile is required by law; to provide for exceptions; to provide for a list of valid identification documents; to provide for the promulgation of regulations; to provide for penalties; to provide for judicial review; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SB 171. By Senators Rogers of the 21st, Pearson of the 51st, Goggans of the 7th, Cagle of the 49th, Schaefer of the 50th and others:
A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents governing the University System of Georgia, so as to prevent unauthorized noncitizens from enrolling in the University System of Georgia; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.

SB 172. By Senators Rogers of the 21st, Pearson of the 51st, Seabaugh of the 28th, Cagle of the 49th, Schaefer of the 50th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers licenses, so as to require all applicants for drivers licenses to present valid documentary evidence of United States citizenship or legal immigrant status; to provide for temporary resident status; to provide for

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temporary licenses, permits, or identification cards in some situations; to provide for renewal; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 173. By Senators Unterman of the 45th, Thomas of the 54th, Smith of the 52nd and Henson of the 41st:
A BILL to be entitled an Act to amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to application for physicians assistant and scope of duties, so as to authorize physicians assistants to enter into certain temporary practice agreements to provide services at certain facilities; to provide conditions and limitations on such temporary practice agreements; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 174. By Senators Staton of the 18th, Seabaugh of the 28th, Hudgens of the 47th, Hill of the 32nd, Johnson of the 1st and others:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Georgia Consumer Choice of Benefits Health Insurance Plan Act"; to provide for a short title; to provide for legislative findings; to provide definitions; to authorize insurers to offer a choice of benefits health insurance plan in addition to other health insurance plans; to provide for certain notices; to authorize the Commissioner of Insurance to adopt certain rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 175. By Senators Mullis of the 53rd, Hamrick of the 30th, Goggans of the 7th, Smith of the 52nd, Thomas of the 54th and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the O.C.G.A., relating to dangerous instrumentalities and practices, so as to provide for the comprehensive revision of certain provisions regarding Brady Law regulations; to provide a short title; to require licensed gun manufacturers, importers, and dealers to conduct the National Instant Criminal Background Check; to provide for the transfer of information to the Federal Bureau of Investigation with regard to persons involuntarily hospitalized; to provide for

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the regulatory authority of political subdivisions; to amend Code Section 35-334 of the O.C.G.A., relating to disclosure and dissemination of criminal records to private persons and businesses; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 176. By Senators Tate of the 38th and Fort of the 39th:
A BILL to be entitled an Act to amend Code Section 20-2-920 of the Official Code of Georgia Annotated, relating to withholding or deducting public school employees contributions to the health insurance plan, state contributions, and enrollment of employees of school systems not participating in the plan, so as to provide that not less than 75 percent of the cost of such plan shall be appropriated by the General Assembly; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 177. By Senators Tate of the 38th and Fort of the 39th:
A BILL to be entitled an Act to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the benefit formula for the Teachers Retirement System of Georgia from 2 percent to 2.5 percent; to provide a postretirement benefit adjustment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
SB 178. By Senator Douglas of the 17th:
A BILL to be entitled an Act to amend Part 5 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of law enforcement and emergency vehicles, so as to provide for restrictions with respect to the use of blue lights; to provide for exceptions; to provide for criminal penalties; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

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SB 179. By Senators Hamrick of the 30th and Kemp of the 46th:
A BILL to be entitled an Act to amend Code Section 50-27-3 of the Official Code of Georgia Annotated, relating to definitions relative to the lottery for education, so as to remove capital outlay projects from inclusion in the educational purposes and programs for which lottery proceeds may be used; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.
SB 180. By Senators Hamrick of the 30th and Shafer of the 48th:
A BILL to be entitled an Act to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding the General Assembly, so as to provide for the introduction of legislation; to provide for the joint sponsorship of legislation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Rules Committee.
SB 181. By Senators Hamrick of the 30th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations, so as to enact the "Nursing Home Accountability Act of 2005"; to add a certain definition; to provide notice of certain deaths; to provide for penalties for failure to provide notice; to authorize the coroner or county medical examiner to order an inquiry; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 182. By Senators Thompson of the 5th and Thomas of the 2nd:
A BILL to be entitled an Act to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to provide that the death of an inmate in state custody shall be reported on the individual offender records maintained on the Internet website of the Department of Corrections; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State Institutions and Property Committee.

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SB 183. By Senators Douglas of the 17th, Moody of the 56th, Starr of the 44th, Miles of the 43rd and Staton of the 18th:
A BILL to be entitled an Act to amend Code Section 36-66-5 of the Official Code of Georgia Annotated, relating to adoption of hearing policies and procedures and standards for the exercise of zoning power, so as to require investigation, reports, and consideration of effects of zoning decisions on local school systems; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 184. By Senators Unterman of the 45th, Cagle of the 49th, Henson of the 41st, Shafer of the 48th and Butler of the 55th:
A BILL to be entitled an Act to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to provide definitions; to provide for the scope of practice; to increase the penalty for improper practice; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 185. By Senators Balfour of the 9th, Shafer of the 48th, Weber of the 40th and Thompson of the 5th:
A BILL to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4295), so as to change provisions relating to the salary supplements for the judges of the Gwinnett Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SR 156. By Senators Mullis of the 53rd, Thomas of the 54th, Cagle of the 49th, Smith of the 52nd, Bulloch of the 11th and others:
A RESOLUTION urging the Committee on the Implementation of Textile Agreements to approve the safeguard petitions filed by the United States textile industry; and for other purposes.
Referred to the Economic Development Committee.

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SR 160. By Senators Hamrick of the 30th and Kemp of the 46th:
A RESOLUTION proposing an amendment to the Constitution so as to remove capital outlay projects from inclusion in the educational purposes and programs for which lottery proceeds may be used; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Higher Education Committee.
SR 161. By Senators Hamrick of the 30th, Tate of the 38th, Kemp of the 46th, Unterman of the 45th and Harbison of the 15th:
A RESOLUTION creating the Juvenile Code Rewrite Joint Study Committee; and for other purposes.
Referred to the Judiciary Committee.
The following House legislation was read the first time and referred to committee:
HB 247. By Representatives Ray of the 136th and Talton of the 145th:
A BILL to be entitled an Act to amend an Act incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4622), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 262. By Representatives Carter of the 159th, Bryant of the 160th, Bordeaux of the 162nd, Day of the 163rd, Stephens of the 164th and others:
A BILL to be entitled an Act to amend an Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, so as to provide for nonpartisan election of the members of the board of education; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 271. By Representatives Smyre of the 132nd, Smith of the 129th, Hugley of the 133rd, Smith of the 131st and Buckner of the 130th:
A BILL to be entitled an Act to amend an Act providing a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as to abolish the Columbus Industrial and Port Development Commission and to repeal certain Acts and constitutional amendments related to its powers, duties, and functions; to repeal an Act approved March 18, 1986 (Ga. L. 1986, p. 3780), that continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 47 (House Resolution 170-372) enacted at the 1965 session of the General Assembly and that was duly ratified at the 1966 general election (Ga. L. 1965, p. 702), relating to the creation of the Columbus-Muscogee County Port Development Commission; to repeal that constitutional amendment that was proposed by Resolution Act No. 47 (House Resolution 170-372) enacted at the 1965 session of the General Assembly and that was duly ratified at the 1966 general election (Ga. L. 1965, p. 702), relating to the creation of the Columbus-Muscogee County Port Development Commission; to repeal an Act approved March 18, 1986 (Ga. L. 1986, p. 3782), that continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 64 (House Resolution 106-252) enacted at the 1967 session of the General Assembly and that was duly ratified at the 1968 general election (Ga. L. 1967, p. 947), relating to the creation of the Muscogee County Industrial Development Authority; to repeal that constitutional amendment that was proposed by Resolution Act No. 64 (House Resolution 106-252) enacted at the 1967 session of the General Assembly and that was duly ratified at the 1968 general election (Ga. L. 1967, p. 947), relating to the creation of the Muscogee County Industrial Development Authority; to provide for a referendum; to provide for effective dates and automatic repeal; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended, and the duties of the governing authority of Columbus, Georgia, related thereto; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 283. By Representatives Day of the 163rd and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act amending an Act providing for a base year assessed value homestead exemption from City of Vernonburg ad valorem taxes for municipal purposes, approved May 17, 2004 (Ga. L. 2004, p.

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4318), so as to correct certain typographical errors; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 284. By Representatives Day of the 163rd and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act amending an Act providing for a base year assessed value homestead exemption from City of Tybee Island ad valorem taxes for municipal purposes, approved May 17, 2004 (Ga. L. 2004, p. 4321), so as to correct certain typographical errors; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 295. By Representatives Millar of the 79th, Watson of the 91st, Jacobs of the 80th, Chambers of the 81st, Mitchell of the 88th and others:
A BILL to be entitled an Act to amend an Act entitled the "Unincorporated DeKalb County Community Improvement District Act of 1998," approved April 2, 1998 (Ga. L. 1998, p. 4228), as amended by an Act approved January 7, 1999 (Ga. L. 1999, p. 4805), so as to increase the number of board members on the governing body of the community improvement district authorized by such Act; to change the provisions relating to filling vacancies on the governing body of the community improvement district; to provide for appointment of an elector to fill a vacancy in certain circumstances; to provide for the term of service of such appointed members; to limit the number of appointed members serving simultaneously; to provide for a special election to fill a vacancy in certain circumstances; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 302. By Representative Scott of the 2nd:
A BILL to be entitled an Act to provide a homestead exemption from Dade County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability;

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to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 321. By Representatives Manning of the 32nd, Ehrhart of the 36th, Cooper of the 41st, Tumlin of the 38th, Johnson of the 37th and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4373), so as to change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 332. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Stephens County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 356. By Representative Benton of the 31st:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Commerce, approved April 4, 1991 (Ga. L. 1991, p. 4042), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3926), so as to authorize the board of education to set the millage rate for the school districts property tax; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 360. By Representative Stephens of the 164th:
A BILL to be entitled an Act to provide a new charter for the City of Richmond Hill; 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,

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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 other matters relative to the foregoing; to repeal specific Acts; to provide for effective dates; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

The following committee report was read by the Secretary:

Mr. President:

The 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 143 HB 144 SB 49

Do Pass Do Pass Do Pass

SB 80 SB 137

Do Pass by substitute Do Pass

Respectfully submitted, Senator Wiles of the 37th District, Chairman

The following legislation was read the second time:

HB 199 SB 58 SB 62

SB 64 SB 93 SB 99

SB 107 SB 114

SB 115 SB 117

SB 119 SB 121

SR 67 SR 81

Senator Cagle of the 49th asked unanimous consent that Senator Thomas of the 54th be excused. The consent was granted, and Senator Thomas was excused.

Senator Hooks of the 14th asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr was excused.

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

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

Adelman Balfour Brown Bulloch Butler Cagle Carter Chance Chapman Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Heath

Henson Hill,Jack Hill,Judson Hooks Hudgens Johnson Jones Kemp Me V Bremen Miles Moody Mullis Pearson Reed Rogers Schaefer Seabaugh Seay

Shafer,D Smith Staton Stephens Stoner Tate Thomas,R Thompson,C Thompson,S Tolleson Unterman Walker Weber Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Powell (Excused)

Starr (Excused)

Thomas, D (Excused)

The members pledged allegiance to the flag.

Senator Smith of the 52nd introduced the chaplain of the day, Dr. Phillip May of Rome, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 157. By Senators Henson of the 41st, Butler of the 55th, Weber of the 40th and Miles of the 43rd:

A RESOLUTION congratulating the Stone Mountain Woman's Club; and for other purposes.

SR 158. By Senators Hill of the 32nd, Thompson of the 33rd, Stoner of the 6th, Rogers of the 21st and Wiles of the 37th:

A RESOLUTION remembering and honoring the life of Jesus Fonseca, Jr.; and for other purposes.

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SR 159. By Senators Hill of the 32nd, Zamarripa of the 36th, Reed of the 35th, Moody of the 56th, Fort of the 39th and others:
A RESOLUTION commending and congratulating Childrens Healthcare of Atlanta; and for other purposes.
The following resolutions, placed upon a Consent Calendar for Privileged Resolutions, were read and put upon their adoption:
SR 131. By Senator Hill of the 4th:
A RESOLUTION recognizing and commending the 4-H Clubs of Georgia, Mr. Scottie Rowell, Dr. Roger C. (Bo) Ryles, Dr. Mel Garber, and the 2004-2005 4-H Leadership Team; and for other purposes.
SR 132. By Senators Hill of the 4th and Seabaugh of the 28th:
A RESOLUTION recognizing and commending Scottie Rowell; and for other purposes.
SR 133. By Senators Hill of the 4th, Hooks of the 14th and Staton of the 18th:
A RESOLUTION recognizing and commending Matthew Williams; and for other purposes.
SR 134. By Senators Hill of the 4th and Powell of the 23rd:
A RESOLUTION recognizing and commending Laura Stone; and for other purposes.
SR 135. By Senators Hill of the 4th and Powell of the 23rd:
A RESOLUTION commending Crystal Hooks; and for other purposes.
SR 136. By Senators Hill of the 4th, Cagle of the 49th and Hudgens of the 47th:
A RESOLUTION recognizing and commending Mack Prater; and for other purposes.
SR 137. By Senator Hill of the 4th:
A RESOLUTION recognizing and commending Ashlin Reid; and for other purposes.

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SR 138. By Senator Hill of the 4th:
A RESOLUTION recognizing and commending Stacy Rahn; and for other purposes.
SR 139. By Senators Hill of the 4th and Grant of the 25th:
A RESOLUTION recognizing and commending Anna Daniel; and for other purposes.
SR 140. By Senators Hill of the 4th and Kemp of the 46th:
A RESOLUTION recognizing and commending Heather Savelle; and for other purposes.
SR 141. By Senators Hill of the 4th and Goggans of the 7th:
A RESOLUTION commending Emily Shiver; and for other purposes.
SR 142. By Senators Hill of the 4th and Goggans of the 7th:
A RESOLUTION recognizing and commending Aric Spivey; and for other purposes.
SR 143. By Senators Hill of the 4th and Goggans of the 7th:
A RESOLUTION recognizing and commending Ryan Solomon; and for other purposes.
SR 144. By Senators Hill of the 4th and Goggans of the 7th:
A RESOLUTION recognizing and commending Cody Hersey; and for other purposes.
SR 145. By Senators Hill of the 4th and Goggans of the 7th:
A RESOLUTION recognizing and commending Grant Grantham; and for other purposes.
SR 146. By Senators Hill of the 4th and Carter of the 13th:
A RESOLUTION recognizing and commending Mita Patel; and for other purposes.

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SR 147. By Senators Hill of the 4th and Carter of the 13th:

A RESOLUTION recognizing and commending Ashley Buford; and for other purposes.

SR 148. By Senators Hill of the 4th and Golden of the 8th:

A RESOLUTION recognizing and commending Carl Glassock; and for other purposes.

SR 149. By Senators Hill of the 4th and Kemp of the 46th:

A RESOLUTION recognizing and commending Katie Matthews; and for other purposes.

SR 150. By Senators Hill of the 4th, Smith of the 52nd and Heath of the 31st:

A RESOLUTION commending Emily Lloyd; and for other purposes.

SR 151. By Senators Hill of the 4th and Williams of the 19th:

A RESOLUTION recognizing and commending Melanie Hollingsworth; and for other purposes.

SR 152. By Senators Hill of the 4th and Seabaugh of the 28th:

A RESOLUTION recognizing and commending Christopher Nowicki; and for other purposes.

SR 153. By Senators Hill of the 4th, Cagle of the 49th and Hudgens of the 47th:

A RESOLUTION commending Ward Black; and for other purposes.

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R

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Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Miles Y Moody Y Mullis Y Pearson E Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the privileged resolutions, the yeas were 54, nays 0.

The resolutions, having received the requisite constitutional majority, were adopted.

Senator Adelman of the 42nd introduced the doctor of the day, Dr. Stewart Segerman.

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

SENATE LOCAL CONSENT CALENDAR
Monday, February 14, 2005 Seventeenth Legislative Day
(The names listed are the Senators whose districts are affected by the legislation.)

SB 137

Schaefer of the 50th TOWNS COUNTY
A BILL to be entitled an Act to amend an Act to create the office of Commissioner of Towns County, approved March 14, 1984 (Ga. L. 1984, p. 4130), as amended, so as to reconstitute the board of commissioners of Towns County and revise and restate the law relating to the board; to provide for continuation in office of the present sole county commissioner; to provide for the establishment of commissioner districts; to provide for the election and terms of office for subsequent members; to provide for filling vacancies; to provide for the powers, duties, and authority of the chairperson and members of the board; to provide for related matters; to provide for

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submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

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

HB 143

Grant of the 25th GREENE COUNTY

A BILL to be entitled an Act to provide for a homestead exemption from Greene 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.

HB 144

Grant of the 25th GREENE COUNTY

A BILL to be entitled an Act to provide for a homestead exemption from Greene County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Balfour
Y Brown Y Bulloch

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens

Y Smith E Starr Y Staton Y Stephens

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Y Butler Y Cagle Y Carter Y Chance
Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson E Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the local legislation, the yeas were 52, nays 0.

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

NOTICE OF MOTION TO RECONSIDER:

SR 49

CA: Public Funding of Social Services by religious org; prevent discrimination (RULES-29th)

SENATE RULES CALENDAR MONDAY, FEBRUARY 14, 2005 SEVENTEENTH LEGISLATIVE DAY

HB 98

Georgia Land Conservation Council; create (Amendment) (NR&E-51st) Golick-34th

SB 82

Financial Institutions; supplement definitions; personnel policies (Substitute)(B&FI-30th)

SB 124

Licensing Board for Residential/General Contractors; method of appointing members (RI&Util-28th)

Respectfully submitted,

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

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The following legislation was read the third time and put upon its passage:
HB 98. By Representatives Golick of the 34th, Roberts of the 154th, Smith of the 70th and Jones of the 46th:
A BILL to be entitled an Act to amend Chapter 22 of Title 36 of the O.C.G.A., relating to community greenspace preservation, so as to provide a short title; to provide for state and local government activities with respect to land conservation; to state legislative intent; to define terms; to create the Georgia Land Conservation Council and provide for its membership, powers, duties, and operations; to create the Georgia Land Conservation Trust Fund and to create the Georgia Land Conservation Revolving Loan Fund and provide for appropriations and other additions to said funds, as well as grants and other disbursements from said funds; to provide for eligibility for and award and disbursement of grants to counties, cities, and the Department of Natural Resources; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Pearson of the 51st.
The Senate Natural Resources and the Environment Committee offered the following amendment:
Amend HB 98 (HB 98/CAFA) by striking line 27 of page 3 and inserting in lieu thereof the following:
valorem taxes; resource stewardship; and other costs related to closing the transaction; provided, however, that said costs shall not include any costs for services provided in violation of Chapter 40 of Title 43. .
By striking line 34 of page 5 through line 1 of page 6 and inserting in lieu thereof the following:
balances in the fund funds shall be deposited in an interest-bearing account accounts and shall be carried forward each year so that no part thereof may be deposited in the general treasury. The Department of Natural Resources authority shall administer the fund funds, .
By striking lines 25 through 27 of page 7 and inserting in lieu thereof the following: in each fiscal year for loans to cities and counties having approved community land conservation projects or for loans to state authorities specified by the department for purposes of approved state land conservation projects of the department. Any such loan shall bear interest at a rate established by the authority. .

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By striking line 11 of page 8 and inserting in lieu thereof the following: (f)(1) Unless an earlier date is deemed feasible and established by the Governor, each Each .
On the adoption of the amendment, the yeas were 42, nays 1, and the committee amendment was adopted.
Senators Thompson of the 33rd and Reed of the 35th offered the following substitute:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 36-22-2 of the Official Code of Georgia Annotated, relating to definitions concerning community greenspace preservation, so as to include land used as or dedicated for use as a cemetery within the definition of greenspace for a limited purpose; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 36-22-2 of the Official Code of Georgia Annotated, relating to definitions concerning community greenspace preservation, is amended by striking paragraph (3) and inserting in lieu thereof a new paragraph (3) to read as follows:
(3) 'Greenspace' means permanently protected land and water, including agricultural and forestry land, that is in its undeveloped, natural state or that has been developed only to the extent consistent with, or is restored to be consistent with, one or more of the following goals:
(A) Water quality protection for rivers, streams, and lakes; (B) Flood protection; (C) Wetlands protection; (D) Reduction of erosion through protection of steep slopes, areas with erodible soils, and stream banks; (E) Protection of riparian buffers and other areas that serve as natural habitat and corridors for native plant and animal species; (F) Scenic protection; (G) Protection of archaeological archeological and historic resources; (H) Provision of recreation in the form of boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, and similar outdoor activities; and (I) Connection of existing or planned areas contributing to the goals set out in this paragraph. For the limited purpose of calculating the amount of greenspace a greenspace program seeks to protect permanently pursuant to Code Section 36-22-6, greenspace shall also

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include land that is used as or is dedicated for use as a cemetery. Notwithstanding anything contained in this chapter, the inclusion as greenspace of land used or dedicated for use as a cemetery shall not interfere with the burial rights of human remains, the designation of dedicated cemetery property, or cemetery development as provided in Chapter 14 of Title 10, the 'Georgia Cemetery and Funeral Services Act of 2000.'

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

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

On the adoption of the substitute, the yeas were 15, nays 31, and the Thompson, Reed substitute was lost.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson E Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D N Thomas,R Y Thompson,C N Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 52, nays 2.

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HB 98, having received the requisite constitutional majority, was passed as amended.
The following bill was taken up to consider House action thereto:
SB 3. By Senators Smith of the 52nd, Johnson of the 1st, Seabaugh of the 28th, Stephens of the 27th, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Titles 9, 24, and 51 of the O.C.G.A., relating respectively to civil practice; evidence; and torts, so as to provide for substantive and comprehensive revision of provisions regarding civil practice, evidentiary matters, and liability in tort actions in general and actions related to health care in particular; to provide for legislative findings; to change provisions relating to venue in actions with joint defendants; to change provisions relating to affidavits accompanying charges of professional malpractice; to provide for defendants access to plaintiffs health information in medical malpractice cases; to provide for offers for judgment and the effect thereof; to provide that certain statements of apology or fault by health care providers shall not be admitted as evidence in civil actions; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Titles 9, 24, 33, 43, and 51 of the Official Code of Georgia Annotated, relating respectively to civil practice; evidence; insurance; professions and businesses; and torts, so as to provide for substantive and comprehensive revision of provisions regarding civil practice, evidentiary matters, and liability in tort actions in general and actions related to health care in particular; to provide for legislative findings; to change provisions relating to venue in actions with joint defendants; to provide that the courts of this state may under certain circumstances decline to decide cases under the doctrine of forum non conveniens; to change provisions relating to affidavits accompanying charges of professional malpractice; to provide for defendants access to plaintiffs health information in medical malpractice cases; to provide for offers for judgment and the effect thereof; to provide new procedures for damages for frivolous claims and defenses; to provide that certain statements of apology or similar statements by health care providers shall not be admitted as evidence in civil actions; to change provisions relating to opinions of experts in civil cases; to create provisions regarding expert opinions in certain malpractice civil actions; to change provisions relating to reporting of medical malpractice judgments and settlements; to provide for investigations and remedial actions with respect to physicians fitness to practice under certain circumstances; to change provisions relating to establishment of liability and standard of care in certain actions

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relating to emergency health care; to change provisions relating to agency liability of hospitals; to change provisions relating to apportionment of award according to degree of fault; to create provisions relating to apportioning damages in certain malpractice actions; to limit noneconomic damages in certain actions relating to health care; to provide for payment over time of certain future damages in certain actions; to provide for related matters; to provide for severability; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds that there presently exists a crisis affecting the provision and quality of health care services in this state. 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 a resulting adverse impact on the health and well-being of the citizens of this state. The General Assembly further finds that certain civil justice and health care regulatory reforms as provided in this Act will promote predictability and improvement in the provision of quality health care services and the resolution of health care liability claims and will thereby assist in promoting the provision of health care liability insurance by insurance providers. The General Assembly further finds that certain needed reforms affect not only health care liability claims but also other civil actions and accordingly provides such general reforms in this Act.
SECTION 2. 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 its place new Code Sections 9-10-31 and 910-31.1 to read as follows:
9-10-31. (a) The General Assembly finds that Paragraph IV of Section II 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. (b) Subject to the provisions of Code Section 9-10-31.1, joint 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:
(1) The plaintiff has brought the action in bad faith against all defendants residing in the county in which the action is brought; or

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(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. (c) In any action involving a medical malpractice claim as defined in Code Section 99-60, a nonresident defendant may require that the case be transferred to the county of that defendants residence if the tortious act upon which the medical malpractice claim is based occurred in the county of that defendants residence. (b)(d) 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. (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) 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.
9-10-31.1. (a) If a court of this state, on written motion of a party, finds that in the interest of justice and for the convenience of the parties and witnesses a claim or action would be more properly heard in a forum outside this state or in a different county of proper venue within this state, the court shall decline to adjudicate the matter under the doctrine of forum non conveniens. As to a claim or action that would be more properly heard in a forum outside this state, the court shall dismiss the claim or action. As to a claim or action that would be more properly heard in a different county of proper venue within this state, the venue shall be transferred to the appropriate county. In determining whether to grant a motion to dismiss an action or to transfer venue under the doctrine of forum non conveniens, the court shall give consideration to the following factors:
(1) Relative ease of access to sources of proof; (2) Availability and cost of compulsory process for attendance of unwilling witnesses; (3) Possibility of viewing of the premises, if viewing would be appropriate to the

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action; (4) Unnecessary expense or trouble to the defendant not necessary to the plaintiffs own right to pursue his or her remedy; (5) Administrative difficulties for the forum courts; (6) Existence of local interests in deciding the case locally; and (7) The traditional deference given to a plaintiffs choice of forum. (b) A court may not dismiss a claim under this Code section until the defendant files with the court or with the clerk of the court a written stipulation that, with respect to a new action on the claim commenced by the plaintiff, all the defendants waive the right to assert a statute of limitations defense in all other states of the United States in which the claim was not barred by limitations at the time the claim was filed in this state as necessary to effect a tolling of the limitations periods in those states beginning on the date the claim was filed in this state and ending on the date the claim is dismissed.
SECTION 3. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking Code Section 9-11-9.1, relating to affidavits in professional malpractice cases, and inserting in its place a new Code section to read as follows:
9-11-9.1. (a) In any action for damages alleging professional malpractice against a professional licensed by the State of Georgia and listed in subsection (f)(d) 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)(d) 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. (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 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. (c) 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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(d)(b) If a plaintiff files an affidavit which is allegedly defective, and the defendant to whom it pertains alleges, with specificity, by motion to dismiss filed contemporaneously with its initial responsive pleading on or before the close of discovery, that said affidavit is defective, the plaintiffs complaint is subject to dismissal for failure to state a claim, 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. The trial court may, in the exercise of its discretion, extend the time for filing said amendment or response to the motion, or both, as it shall determine justice requires. (e)(c) 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. (f)(d) The professions to which this Code section applies are:
(1) Architects; (2) Audiologists; (2)(3) Attorneys at law; (3)(4) Certified public accountants; (4)(5) Chiropractors; (5)(6) Clinical social workers; (6)(7) Dentists; (7)(8) Dietitians; (8)(9) Land surveyors; (9)(10) Medical doctors; (10)(11) Marriage and family therapists; (11)(12) Nurses; (12)(13) Occupational therapists; (13)(14) Optometrists; (14)(15) Osteopathic physicians; (15)(16) Pharmacists; (16)(17) Physical therapists; (17)(18) Physicians assistants; (18)(19) Professional counselors; (19)(20) Professional engineers; (20)(21) Podiatrists; (21)(22) Psychologists; (22)(23) Radiological technicians; (23)(24) Respiratory therapists; or (25) Speech-language pathologists; or
(24)(26) Veterinarians.

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SECTION 4. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by inserting 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 (d) of Code Section 9-11-9.1, against a professional corporation or other legal entity that provides health care services through a professional licensed by the State of Georgia and listed in subsection (d) of Code Section 9-11-9.1, 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 (d) of Code Section 9-11-9.1, contemporaneously with the filing of the complaint, the plaintiff shall be required to file a medical authorization form. Failure to provide this authorization shall subject the complaint to dismissal. (b) The authorization shall provide that the attorney representing the defendant is authorized to obtain and disclose protected health information contained in medical records to facilitate the investigation, evaluation, and defense of the claims and allegations set forth in the complaint which pertain to the plaintiff or, where applicable, the plaintiffs decedent whose treatment is at issue in the complaint. This authorization includes the defendants attorneys right to discuss the care and treatment of the plaintiff or, where applicable, the plaintiffs decedent with all of the plaintiffs or decedents treating physicians. (c) The authorization shall provide for the release of all protected health information except information that is considered privileged and shall authorize the release of such information by any physician or health care facility by which health care records of the plaintiff or the plaintiffs decedent would be maintained.
SECTION 5. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by inserting in place of Code Section 9-11-68, which is reserved, a new Code Section 911-68 to read as follows:
9-11-68. (a) At any time more than 30 days after the service of a summons and complaint on a party but not less than 30 days (or 20 days if it is a counteroffer) before trial, either party may serve upon the other party, but shall not file with the court, a written offer, denominated as an offer under this Code section, to settle a tort claim for the money specified in the offer and to enter into an agreement dismissing the claim or to allow judgment to be entered accordingly. Any offer under this Code section must:
(1) Be in writing and state that it is being made pursuant to this Code section; (2) Identify the party or parties making the proposal and the party or parties to whom the proposal is being made; (3) Identify generally the claim or claims the proposal is attempting to resolve; (4) State with particularity any relevant conditions; (5) State the total amount of the proposal;

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(6) State with particularity the amount proposed to settle a claim for punitive damages, if any; (7) State whether the proposal includes attorneys fees or other expenses and whether attorneys fees or other expenses are part of the legal claim; and (8) Include a certificate of service and be served by certified mail or statutory overnight delivery in the form required by Code Section 9-11-5. (b) When the complaint sets forth a tort claim for money, if the offeree rejects or does not accept the offer and the judgment finally obtained by the offeree was not at least 25 percent more favorable than the last offer, the offeree shall pay the offerors reasonable attorneys fees and costs incurred after the rejection of the last offer. (c) Any offer made under this Code section shall remain open for 30 days unless sooner withdrawn by a writing served on the offeree prior to acceptance by the offeree, but an offeror shall not be entitled to attorneys fees and costs under subsection (b) of this Code section to the extent an offer is not open for at least 30 days (unless it is rejected during that 30 day period). A counteroffer shall be deemed a rejection but may serve as an offer under this Code section if it is specifically denominated as an offer under this Code section. Acceptance or rejection of the offer by the offeree must be in writing and served upon the offeror. An offer that is neither withdrawn nor accepted within 30 days shall be deemed rejected. The fact that an offer is made but not accepted does not preclude a subsequent offer. Evidence of an offer is not admissible except in proceedings to enforce a settlement or to determine reasonable attorneys fees and costs under this Code section. (d) Upon motion made within 30 days of the entry of the judgment or after voluntary or involuntary dismissal, the court shall determine the following: (1) If the offer of judgment was 25 percent more favorable than the monetary award, the court shall award reasonable attorneys fees and costs and the court shall set off such reasonable attorneys fees and costs against any award; and (2) If a party is entitled to costs and fees pursuant to the provisions of this Code section, the court may determine that an offer was not made in good faith in an order setting forth the basis for such a determination. In such case, the court may disallow an award of attorneys fees and costs. (e) Upon motion by the prevailing party at the time that the verdict or judgment is rendered, the moving party may request that the finder of fact determine whether the opposing party presented a frivolous claim or defense. In such event, the court shall hold a separate bifurcated hearing at which the finder of fact shall make a determination of whether such frivolous claims or defenses were asserted and to award damages, if any, against the party presenting such frivolous claims or defenses. Under this subsection: (1) Frivolous claims shall include, but are not limited to, the following:
(A) A claim, defense, or other position that lacks substantial justification or that is not made in good faith or that is made with malice or a wrongful purpose, as those terms are defined in Code Section 51-7-80; (B) A claim, defense, or other position with respect to which there existed such a

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complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim, defense, or other position; and (C) A claim, defense, or other position that was interposed for delay or harassment; (2) Damages awarded may include reasonable and necessary attorneys fees and expenses of litigation; and (3) A party may elect to pursue either the procedure specified in this subsection or the procedure specified in Code Section 9-15-14, but not both.
SECTION 6. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by inserting after 24-3-37 a new Code Section 24-3-37.1 to read as follows:
24-3-37.1. (a) The General Assembly finds that conduct, statements, or activity constituting voluntary offers of assistance or expressions of benevolence, regret, mistake, error, sympathy, or apology between or among parties or potential parties to a civil action should be encouraged and should not be considered an admission of liability. The General Assembly further finds that such conduct, statements, or activity should be particularly encouraged between health care providers and patients experiencing an unanticipated outcome resulting from their medical care. Regulatory and accreditation agencies are in some instances requiring health care providers to discuss the outcomes of their medical care and treatment with their patients, including unanticipated outcomes, and studies have shown such discussions foster improved communications and respect between provider and patient, promote quicker recovery by the patient, and reduce the incidence of claims and lawsuits arising out of such unanticipated outcomes. The General Assembly therefore concludes certain steps should be taken to promote such conduct, statements, or activity by limiting their admissibility in civil actions. (b) As used in this Code section, the term:
(1) 'Health care provider' means any person licensed under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43 or any hospital, nursing home, home health agency, institution, or medical facility licensed or defined under Chapter 7 of Title 31. The term shall also include any corporation, professional corporation, partnership, limited liability company, limited liability partnership, authority, or other entity comprised of such health care providers. (2) 'Unanticipated outcome' means the outcome of a medical treatment or procedure, whether or not resulting from an intentional act, that differs from an expected or intended result of such medical treatment or procedure. (c) In any claim or civil action brought by or on behalf of a patient allegedly experiencing an unanticipated outcome of medical care, any and all statements, affirmations, gestures, activities or conduct expressing benevolence, regret, apology, sympathy, commiseration, condolence, compassion, mistake, error, or a general sense of benevolence which are made by a health care provider or an employee or agent of a health care provider to the patient, a relative of the patient, or a representative of the

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patient and which relate to the unanticipated outcome shall be inadmissible as evidence and shall not constitute an admission of liability or an admission against interest.
SECTION 7. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by striking Code Section 24-9-67, relating to expert opinion evidence, and inserting in its place new Code Sections 24-9-67 and 24-9-67.1 to read as follows:
24-9-67. The In criminal cases, 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.
24-9-67.1 (a) The provisions of this Code section shall apply in all civil actions. The opinion of a witness qualified as an expert under this Code section may be given on the facts as proved by other witnesses. The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing or trial. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence in order for the opinion or inference to be admitted. Facts or data that are otherwise inadmissible shall not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the experts opinion substantially outweighs their prejudicial effect. (b) If scientific, technical, or other specialized knowledge will assist the trier of fact in any cause of 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 are or will be admitted into evidence at the hearing or trial; (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. (c) Notwithstanding the provisions of subsection (b) of this Code section and any other provision of law which might be construed to the contrary, in professional malpractice actions, the opinions of an expert, who is otherwise qualified as to the acceptable standard of conduct of the professional 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; and (2) In the case of a medical malpractice action, had actual professional knowledge and experience in the area of practice or specialty in which the opinion is to be given

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as the result of having been regularly engaged in: (A) The active practice of such area of specialty of his or her profession for at least three of the last five years, with sufficient frequency to establish an appropriate level of knowledge, as determined by the judge, in performing the procedure, diagnosing the condition, or rendering the treatment which is alleged to have been performed or rendered negligently by the defendant whose conduct is at issue; or (B) The teaching of his or her profession for at least three of the last five years as an employed member of the faculty of an educational institution accredited in the teaching of such profession, with sufficient frequency to establish an appropriate level of knowledge, as determined by the judge, in teaching others how to perform the procedure, diagnose the condition, or render the treatment which is alleged to have been performed or rendered negligently by the defendant whose conduct is at issue; and (C) Except as provided in subparagraph (D) of this paragraph: (i) Is a member of the same profession; (ii) Is a medical doctor testifying as to the standard of care of a defendant who is a doctor of osteopathy; or (iii) Is a doctor of osteopathy testifying as to the standard of care of a defendant who is a medical doctor; and (D) Notwithstanding any other provision of this Code section, an expert who is a physician and, as a result of having, during at least three of the last five years immediately preceding the time the act or omission is alleged to have occurred, 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 shall be competent to testify as to the standard of that health care provider. However, a nurse, nurse practitioner, certified registered nurse anesthetist, nurse midwife, physicians assistant, physical therapist, occupational therapist, or medical support staff shall not be competent to testify as to the standard of care of a physician.
(d) Upon motion of a party, the court may hold a pretrial hearing to determine whether the witness qualifies as an expert and whether the experts testimony satisfies the requirements of subsections (a) and (b) of this Code section. Such hearing and ruling shall be completed no later than the final pretrial conference contemplated under Code Section 9-1 1-16. (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. (f) It is the intent of the legislature that, in all civil cases, the courts of the State of Georgia not be viewed as open to expert evidence that would not be admissible in other states. Therefore, in interpreting and applying this Code section, the courts of this state may draw from the opinions of the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993); General Electric Co. v. Joiner, 522

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U.S. 136 (1997); Kumho Tire Co. Ltd. v. Carmichael, 526 U.S. 137 (1999); and other cases in federal courts applying the standards announced by the United States Supreme Court in these cases.
SECTION 8. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking subsection (b) of Code Section 33-3-27, relating to reports of medical malpractice judgments and settlements, and inserting in its place a new subsection (b) to read as follows:
(b) Every insurer providing medical malpractice insurance coverage in this state shall notify in writing the Composite State Board of Medical Examiners when it pays a judgment in excess of $10,000.00 or enters into an agreement to pay an amount in excess of $10,000.00 to settle a medical malpractice claim against a person authorized by law to practice medicine in this state; such. Such judgments or agreements shall be reported to the board regardless of the dollar amount if the records of the insurer establish that there have been two or more previous judgments against or settlements with a licensed physician which relate to the practice of medicine. Such notice shall be sent within 30 days after the judgment has been paid or the agreement has been entered into by the parties involved in the claim.
SECTION 9. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking subsection (i) of Code Section 43-34-37, relating to disciplinary actions involving physicians, and inserting in its place new subsections (i) and (j) to read as follows:
(i) The board shall investigate a licensees or permit holders fitness to practice medicine if the board has received regarding that licensee a notification, pursuant to Code Section 33-3-27, regarding that licensee or permit holder of a medical malpractice judgment or settlement in excess of $100,000.00 or a notification pursuant to Code Section 33-3-27 that there have been two or more previous judgments against or settlements with the licensee or permit holder relating to the practice of medicine involving an action for medical malpractice. Every licensee or permit holder shall notify the board of any settlement or judgment involving the licensee or permit holder and relating to the practice of medicine in excess of $20,000.00 involving an action for medical malpractice. (j) The board shall conduct an assessment of a licensees fitness to practice medicine if it has disciplined the licensee three times in the last ten years as a result of an action for medical malpractice. The assessment shall include an examination of the licensees entire history with respect to the practice of medicine and a one day on-site visit to the licensees current practice location. The assessment shall be completed within six months of the third disciplinary action. As a result of its findings the board may take any action it deems necessary to reduce medical errors and promote patient safety,

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including revocation, suspension, or limiting the licensees license or requiring additional clinical training, additional continuing medical education, proctoring, or referral to appropriate rehabilitation facilities. As used in this subsection, the term 'action for medical malpractice' shall have the same meaning as provided in Code Section 9-3-70. The board shall implement this subsection upon the effective date of a specific appropriation of funds for purposes of this subsection as expressed in a line item making specific reference to the full funding of this subsection in an appropriations Act enacted by the General Assembly.
SECTION 10. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding a new Code section immediately following Code Section 51-1-29.4, to be designated Code Section 51-1-29.5 to read as follows:
51-1-29.5. (a) As used in this Code section, the term:
(1) 'Affiliate' means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with a specified person, including any direct or indirect parent or subsidiary. (2) '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. (3) 'Control' means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of the person, whether through ownership of equity or securities, by contract, or otherwise. (4) 'Court' means any federal or state court. (5) 'Emergency medical care' means bona fide emergency services provided after the onset of a medical or traumatic 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 placing the patients health in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part. The term does not include medical care or treatment that occurs after the patient is stabilized and is capable of receiving medical treatment as a nonemergency patient or care that is unrelated to the original medical emergency. (6) 'Emergency medical services provider' means any person providing emergency medical care. (7) 'Health care' means any act or treatment performed or furnished, or that should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patients medical care, treatment, or confinement. (8) 'Health care institution' means:
(A) An ambulatory surgical center; (B) A personal care home licensed under Chapter 7 of Title 31; (C) An institution providing emergency medical services;

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(D) A hospice; (E) A hospital; (F) A hospital system; (G) An intermediate care facility for the mentally retarded; or (H) A nursing home. (9) 'Health care liability claim' means a cause of action against a health care provider or physician for treatment, lack of treatment, or other claimed departure from accepted standards of medical care, health care, or safety or professional or administrative services directly related to health care, which departure from standards proximately results in injury to or death of a claimant. (10) 'Health care provider' means: (A) Any person, partnership, professional association, corporation, facility, or institution duly licensed, certified, registered, or chartered by the State of Georgia to provide health care, including but not limited to:
(i) A registered nurse; (ii) A dentist; (iii) A podiatrist; (iv) A pharmacist; (v) A chiropractor; (vi) An optometrist; or (vii) A health care institution; and (B) Any person who is: (i) An officer, director, shareholder, member, partner, manager, owner, or affiliate of a health care provider or physician; or (ii) An employee, independent contractor, or agent of a health care provider or physician acting in the course and scope of the employment or contractual relationship. (11) 'Hospice' means a facility licensed as such under the 'Georgia Hospice Law,' Article 9 of Chapter 7 of Title 31. (12) 'Hospital' means a facility licensed as such under Chapter 7 of Title 31. (13) 'Hospital system' means a system of hospitals located in this state that are under the common governance or control of a corporate parent. (14) 'Medical care' means any act defined as the practice of medicine under Code Section 43-34-20. (15) 'Nursing home' means a facility licensed as such under Chapter 7 of Title 31. (16) 'Pharmacist' means a person licensed as such under Chapter 4 of Title 26. (17) 'Physician' means an individual licensed to practice medicine in this state, a professional association organized by an individual physician or group of physicians, or a partnership or limited liability partnership formed by a group of physicians. (18) 'Professional or administrative services' means those duties or services that a physician or health care provider is required to provide as a condition of maintaining the physicians or health care providers license, accreditation status, or certification to participate in state or federal health care programs.

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(b) Any legal term or word of art used in this chapter, not otherwise defined in this chapter, shall have such meaning as is consistent with the common law. (c) In an action involving a health care liability claim arising out of the provision of emergency medical care in a hospital emergency department or obstetrical unit or in a surgical suite immediately following the evaluation or treatment of a patient in a hospital emergency department, no physician or health care provider shall be held liable unless it is proven by clear and convincing evidence that the physician or health care providers actions showed gross negligence. (d) In an action involving a health liability claim arising out of the provision of emergency medical care in a hospital emergency department or obstetrical unit or in a surgical suite immediately following the evaluation or treatment of a patient in a hospital emergency department, the court shall instruct the jury to consider, together with all other relevant matters:
(1) Whether the person providing care did or did not have the patients medical history or was able or unable to obtain a full medical history, including the knowledge of preexisting medical conditions, allergies, and medications; (2) The presence or lack of a preexisting physician-patient relationship or health care provider-patient relationship; (3) The circumstances constituting the emergency; and (4) The circumstances surrounding the delivery of the emergency medical care.
SECTION 11. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding immediately following Code Section 5l-2-5, 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) 'Health care professional' means a professional licensed as an audiologist, chiropractor, clinical social worker, dentist, dietitian, medical doctor, marriage and family therapist, registered professional or licensed practical nurse, occupational therapist, optometrist, osteopathic physician, pharmacist, physical therapist, physicians assistant, professional counselor, podiatrist, psychologist, radiological technician, respiratory therapist, or speech-language pathologist. (2) 'Hospital' means a facility that has a valid permit or provisional permit issued by the Department of Human Resources under Chapter 7 of Title 31. (b) Notwithstanding the provisions of Code Section 51-2-5, no hospital which complies with the notice provisions of either subsection (c) or subsection (d) of this Code section shall be liable in a tort action for the acts or omissions of a health care professional unless there exists an actual agency or employment relationship between the hospital and the health care professional. (c) The hospital shall post a notice in the form and manner described herein. Such notice shall: (1) Be posted conspicuously in the hospital lobby or a public area of the hospital;

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(2) Contain print at least one inch high; and (3) Provide language substantially similar to the following:
'Some or all of the health care professionals performing services in this hospital are independent contractors and are not hospital agents or employees. Independent contractors are responsible for their own actions and the hospital shall not be liable for the acts or omissions of any such independent contractors.' (d) The hospital shall have the patient or the patients personal representative sign a written acknowledgment that contains language substantially similar to that set forth in paragraph (3) of subsection (c) of this Code section. (e) The notice required in this Code section shall be sufficient if it meets the requirements of either subsection (c) or subsection (d) of this Code section even if the patient or the patients personal representative did not see or read such notice for any reason, including but not limited to medical condition or language proficiency. (f) Whether a health care professional is an actual agent, an employee, or an independent contractor shall be determined by the language of the contract between the health care professional and the hospital. In the absence of such a contract, or if the contract is unclear or ambiguous, a health care professional shall only be considered the hospitals employee or actual agent if it can be shown by a preponderance of the evidence that the hospital reserves the right to control the time, manner, or method in which the health care professional performs the services for which licensed, as distinguished from the right to merely require certain definite results. (g) If the court finds that there is no contract or that the contract is unclear or ambiguous as to the relationship between the hospital and health care professional, the court shall apply the following: (1) Factors that may be considered as evidence the hospital exercises a right of control over the time, manner, or method of the health care professionals services include: the parties believed they were creating an actual agency or employment relationship; the health care professional receives substantially all the employee benefits received by actual employees of the hospital; the hospital directs the details of the health care professionals work step-by-step; the health care professionals services are terminable at the will of the hospital without cause and without notice; the hospital withholds, or is required to withhold, federal and state taxes from the remuneration paid to the health care professional for services to the patients of the hospital; and factors not specifically excluded in paragraph (2) of this subsection; and (2) Factors that shall not be considered as evidence a hospital exercises a right of control over the time, manner, or method of the health care professionals services include: a requirement by the hospital that such health care professional treat all patients or that any health care professional or group is obligated to staff a hospital department continuously or from time to time; the hospitals payment to the health care professional on an hourly basis; the provision of facilities or equipment by the hospital; the fact a health care professional does not maintain a separate practice outside the hospital; the source of the payment for the professional liability insurance premium for that health care professional; the fact that the professional fees for

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services are billed by the hospital; or any requirement by the hospital that such health care professional engage in conduct required to satisfy any state or federal statute or regulation, any standard of care, any standard or guideline set by an association of hospitals or health care professionals, or any accreditation standard adopted by a national accreditation organization.
SECTION 12. 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 persons, 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. 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 fault of the plaintiff and the judge shall reduce the amount of damages otherwise awarded to the plaintiff in proportion to his or her percentage of fault. (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 percentage 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

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subject to any right of contribution. (c) This Code section shall apply only to causes of action arising on or after July 1, 1987. (c) In assessing percentages of fault, the trier of fact shall consider the fault of all persons or entities who contributed to the alleged injury or damages, regardless of whether the person or entity was, or could have been, named as a party to the suit.
(d)(1) Negligence or fault of a nonparty shall be considered if the plaintiff entered into a settlement agreement with the nonparty or if a defending party gives notice not later than 120 days prior to the date of trial that a nonparty was wholly or partially at fault. (2) The notice shall be given by filing a pleading in the action designating the nonparty and setting forth the nonpartys name and last known address, or the best identification of the nonparty which is possible under the circumstances, together with a brief statement of the basis for believing the nonparty to be at fault. (e) Nothing in this Code section shall eliminate or diminish any defenses or immunities which currently exist, except as expressly stated in this Code section. (f)(1) Assessments of percentages of fault of nonparties shall be used only in the determination of the percentage of fault of named parties. (2) Where fault is assessed against nonparties pursuant to this Code section, findings of fault shall not subject any nonparty to liability in any action or be introduced as evidence of liability in any action. (g) 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.
SECTION 13. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding a new Chapter 13 to read as follows:

CHAPTER 13
51-13-1. (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 medical malpractice action. 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, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43. The term shall also include any corporation, professional corporation, partnership, limited liability company, limited liability partnership, authority, or other entity comprised of such health care providers.

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(3) 'Medical facility' means any institution or medical facility licensed under Chapter 7 of Title 31 or any combination thereof under common ownership, operation, or control. (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 or earnings capacity; (C) Income; (D) Funeral and burial expenses; (E) The value of services performed by the injured in the absence of the injury or death including those domestic and other necessary services performed without compensation; 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 $350,000.00, 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 $350,000.00, 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 $350,000.00 from any single medical facility and $700,000.00 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 $1,050,000.00. (f) In any medical malpractice action, if an award of future damages equaling or exceeding $350,000.00 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

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with the premium for such annuity equal to the amount of the award for future damages.

SECTION 14. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

SECTION 15. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Code Sections 51-12-31 and 51-12-33, as amended by this Act, and Code Sections 51-1-29.5, 51-2-5.1, and 51-13-1, as enacted by this Act, shall apply only with respect to causes of action arising on or after the effective date of this Act, and any prior causes of action shall continue to be governed by prior law. It is the intention of the General Assembly that all other provisions of this Act shall apply to causes of action pending on its effective date, unless such application would be unconstitutional.

SECTION 16. 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 3.

Senator Meyer von Bremen of the 12th asked unanimous consent that he be excused from voting on SB 3 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Meyer von Bremen was excused.

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

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson N Jones Y Kemp E Me V Bremen N Miles

Y Smith E Starr Y Staton Y Stephens N Stoner N Tate Y Thomas,D N Thomas,R N Thompson,C

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Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath N Henson

Y Moody Y Mullis Y Pearson E Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

N Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the motion, the yeas were 38, nays 15; the motion prevailed, and the Senate agreed to the House substitute to SB 3.

Senator Wiles of the 37th asked unanimous consent that Senator Weber of the 40th be excused. The consent was granted, and Senator Weber was excused.

The Calendar was resumed.

SB 82. By Senators Hamrick of the 30th, Schaefer of the 50th, Hudgens of the 47th, Cagle of the 49th, Shafer of the 48th and others:

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 supplement definitions relating to financial institutions; to define time parameters for meeting notices; to implement personnel policies; to promulgate regulations promoting parity with federal financial institutions; to prohibit certain persons from participating in financial institutions; to allow Georgia and federal courts access to financial information; to lengthen the time for closure of stock transfer books; to protect the shareholders during bank conversions, mergers, and consolidations; to require notice to the department when articles are amended; to update the financial requirements for licensure of mortgage brokers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate Banking and Financial Institutions Committee offered the following substitute to SB 82:

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 supplement definitions relating to financial institutions; to

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define time parameters for meeting notices; to implement personnel policies; to promulgate regulations promoting parity with federal financial institutions; to prohibit certain persons from participating in financial institutions; to enumerate the departments powers as a receiver; to allow Georgia and federal courts access to financial information; to lengthen the time for closure of stock transfer books; to protect the shareholders during bank conversions, mergers, and consolidations; to enumerate filings required to form a credit union; to require notice to the department when articles are amended; to provide procedures for out-of-state credit unions; to enumerate the powers of credit unions; to provide for expulsion of members; to provide for dividends and interest payments; to provide for subsidiaries; to provide for mergers of credit unions; to provide for conversion of credit unions; to update the powers of central credit unions; to authorize third-party payment services; to update the financial requirements for licensure of mortgage brokers; to update licensure requirements for mortgage brokers; 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 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by striking paragraph (32) in Code Section 7-1-4, relating to definitions regarding financial institutions, and inserting a new paragraph (31.1) to read as follows:
(31.1) 'Savings bank' means a state chartered bank that has powers no greater than a state bank as provided in this chapter but that may lend and invest in commercial loans in an aggregate amount that does not exceed 50 percent of its total assets. Such bank may elect, subject to department approval, or the department may require, that the savings bank comply with selected provisions of the Home Owners Loan Act of 1933 that in the judgment and discretion of the department would be consistent with the charter and purpose of the bank. For the purposes of this paragraph, the term 'commercial loan' means a loan for business, commercial, corporate, or agricultural purposes. (32) 'Savings bank' or 'state State savings and loan association' means a bank which pays interest on substantially all of its depositors funds and the majority of whose loans are secured by first liens on or other security interest in residential real property or upon the security of its deposits.
SECTION 2. Said chapter is further amended by striking paragraph (1) of Code Section 7-1-6, relating to notice requirements, and inserting in its place the following:
(1) Any notice required to be given under this chapter may be delivered in person by first-class mail, or by telegram, charges prepaid, to the last known address of the person or corporation or to the registered office of the corporation. If the notice is sent

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by mail or by telegraph, it shall be deemed to have been given when deposited in the United States mail or with a telegraph office. If such notice is of a meeting, it shall specify the place, day, and hour of the meeting. Notice of a meeting of shareholders shall be given not less than ten nor more than 50 60 days before the meeting. Notice of a special meeting shall specify the general nature of the business to be transacted.
SECTION 3. Said chapter is further amended by striking subsection (a) of Code Section 7-1-35, relating to appointment of a senior deputy commissioner and other personnel, and inserting in its place the following:
(a) The commissioner shall appoint from time to time, with the right to discharge at will, a senior deputy commissioner of banking and finance. The commissioner may appoint additional deputy commissioners as needed. All deputy commissioners shall also be ex officio examiners. The commissioner may appoint such additional examiners and assistants as he or she may need to discharge in a proper manner the duties imposed upon the commissioner by law, subject to any applicable state laws or rules and or regulations of the state merit system and within the limitations of the appropriation to the department as prescribed in this chapter. Each deputy commissioner and not more than ten additional persons designated by the commissioner shall be in the unclassified service. Further, all persons in the positions of assistant deputy commissioner, supervisory examiner, and senior financial examiner shall be in the unclassified service. All persons in the positions of district director, assistant deputy commissioner, supervisory examiner, and senior financial examiner shall have had at least five years of experience as an examiner in a federal or state agency supervising financial institutions. All other personnel of the department including assistant financial examiners and financial examiners shall be governed by such rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, and other employment standards of the state merit system. As used in this Code section, the term 'state merit system' shall mean that system established pursuant to Article 1 of Chapter 20 of Title 45. Hiring, promotion, and other personnel policies of the department shall be consistent with guidelines or directives of the state, shall be in writing, and shall be made available upon request to employees of the department.
SECTION 4. Said chapter is further amended by striking paragraph (2) of subsection (b) and subsections (c), (d), and (e) of Code Section 7-1-61, relating to promulgation of rules and regulations by the department, and inserting in their place the following:
(2) The authority of national banks any federally chartered bank, as the term 'bank' is defined in Code Section 7-1-621, operating pursuant to federal law, regulation, or authoritative pronouncement; (d)(c) Rules and regulations promulgated by the department may provide for controls,

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registration, or restrictions reasonably necessary to: (1) Prevent unfair or deceptive business practices which are prohibited under Code Section 10-1-393; (2) Prevent deceptive or misleading business practices by financial services providers which may occur by way of alternate delivery systems for the provision of financial products and services such as the Internet or other telecommunication capabilities; or (3) Prevent or control unfair or deceptive business practices which would operate to the detriment of any competing business or enterprise or to persons utilizing the services of any financial institution, its subsidiary, or affiliate.
(e)(d) All rules and regulations shall be promulgated in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' including the requirements for hearing as stated in that chapter. Regulations issued under this or other provisions of this chapter may make appropriate distinctions between types of financial institutions and may be amended, modified, or repealed from time to time. (c)(e) In the further exercise of the discretion permitted by this Code section and to To provide parity with other federally insured financial institutions, the commissioner may, by specific order directed to an individual financial institution or category of financial institutions, modify or amend the following qualifying or limiting requirements imposed on financial institutions by this chapter:
(1) Collateral requirements and limits on the amount of obligations owing to it from any one person or corporation; (2) Loan to value or other limitations in real estate lending; (3) Limitations on the amount of investments in stock or other capital securities of a corporation or other entity; and (4) Limitations on the amount of bank acceptances to be issued; and (5) If Georgia law has been determined to be federally preempted, other limitations or restrictions on financial institutions contained in this chapter. No such order will be issued unless the commissioner determines that such activity will not present undue safety and soundness risks to the financial institution or institutions involved. In making such a determination, the commissioner shall consider the financial condition and regulatory safety and soundness ratings of the institution or institutions affected and the ability of management to administer and supervise the activity. Any such order pursuant to this subsection will be available for public review.
SECTION 5. Said chapter is further amended by striking Code Section 7-1-71, relating to removal of officers, directors, and employees of financial institutions, and inserting in its place the following:
7-1-71. (a) The department, by order of the commissioner, shall have the right to require the immediate suspension from office of any director, officer, or employee of any financial institution who shall be found by it and to prohibit any such persons participation in the affairs of any financial institution if the department finds such person:

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(1) To be dishonest, incompetent, or reckless in the management of the affairs of the financial institution; (2) To have persistently violated the laws of this state; (3) To have violated the lawful orders, regulations, or conditions of a written agreement of or with the department; (4) To have been indicted for any crime involving moral turpitude or breach of trust; (5) To have evidenced an inability to conduct his or her own financial affairs or the affairs of a company in which such individual owns a majority interest or has responsibility for financial matters, in a fiscally responsible, diligent, or lawful fashion; or (6) To have engaged in any unsafe or unsound practice in connection with any insured depository institution or to have demonstrated willful or continuing disregard for the safety and soundness of a financial institution. (b) A prohibition order, which prohibits an individual from participating in any capacity in the affairs of a financial institution, may be issued by the commissioner in connection with a suspension order issued under the authority of this Code section. Such prohibition order may provide that if an officer, director, or employee has been removed from office temporarily or permanently at a financial institution, he or she may also be prohibited from participating in any manner in the conduct of the affairs of any financial institution during the time the prohibition order is in effect. (b)(c) The department shall serve written notice upon the party of its determination to suspend such person from office or prohibit such person from participating in the affairs of a financial institution pursuant to subsection (a) subsections (a) and (b) of this Code section. The A suspension order or a prohibition order shall be effective upon such service and shall specify whether the suspension is temporary, the duration and terms of the suspension if temporary, or if it is permanent. The prohibition order shall be consistent in duration with the suspension order. (c)(d) Any person suspended or prohibited under this Code section may request his or her reinstatement in writing delivered to the department within ten days of his or her suspension or prohibition. If such reinstatement is not requested, the director, officer, or employee shall be considered permanently removed and, if so ordered, permanently prohibited from participation in the affairs of any financial institution. (d)(e) Upon request for reinstatement, the department shall conduct an internal review of the matter during which such person has the opportunity to state his or her case to the commissioner. The department shall deliver the findings of the hearing to such person. If the person requests further review, the department may refer the matter to the state agency for administrative hearings under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' where a nonpublic hearing shall be held to review the departments decision. The final decision of the department shall be conclusive, except as it may be subject to judicial review under Code Section 7-1-90. (f) Any order issued pursuant to this Code section shall also be delivered to the financial institution with which the party was associated at the time such order was
issued.

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SECTION 6. Said chapter is further amended by striking subsection (c) of Code Section 7-1-151, relating to appointment of the department as a receiver, and inserting in its place the following:
(c) In any proceeding for the appointment of a receiver of an institution whose deposits or shares are insured by a public body of the United States, the court may upon the recommendation of the department (whether or not the department is a party) appoint said public body or its administrator as receiver. If said public body or its administrator accepts the appointment, it or he or she shall have all the rights, powers, and duties of the department as receiver under this chapter and all the rights, powers, and duties as conferred by other applicable law. The public body or its administrator may act as receiver without bond.
SECTION 7. Said chapter is further amended by striking subparagraph (c)(2)(F) of Code Section 7-1288, relating to corporate stock and securities, and inserting in its place the following:
(F) A corporation or limited liability company engaged in functions or activities that the bank or trust company is authorized to carry on, including, but not limited to: conducting a safe-deposit business; holding real estate; acting as a financial planner or investment adviser; offering of a full range of investment products; promoting and facilitating international trade and commerce; and exercising powers incidental to financial activities as provided in paragraph (11) of Code Section 7-1261; in addition to functions or activities which include exercising powers granted by department regulations or exercising powers determined by the commissioner to be financial in nature or incidental to the provision of financial services, so long as these activities do not pose undue risk to the safety and soundness of the financial institution and are consistent with the objectives of this chapter as stated in Code Section 7-1-3; provided, however, unless the bank is exempt, nothing contained in this subparagraph shall relieve any such corporation or limited liability company from undertaking registration, licensing, or other qualification to engage in such functions or activities as may otherwise be required by law; and .
SECTION 8. Said chapter is further amended by striking paragraph (2) of subsection (a) and subsection (c) of Code Section 7-1-360, relating to third-party claims to deposits, and inserting in their place the following:
(2) Where the records of accounts or other customer records are requested through subpoena or other administrative process issued by a state, federal, or local administrative agency having competent jurisdiction over the depositor or other customer or where such records are requested pursuant to Georgia or federal law governing civil practice or procedure in conjunction with an ongoing civil action in a Georgia state or federal court of competent jurisdiction;

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(c) Each customer or depositor to whom notice of an order, subpoena, or request for disclosure, examination, or production of records was lawfully given may, prior to the date specified therein for disclosure, examination, or production, file in the court issuing an order or subpoena for the records or in the Georgia or federal court where the civil matter is being heard or, in the absence of such a court, in the superior court of the county in which the financial institution is located a motion to quash the order, subpoena, or request or for a protective order and shall serve such motion on the party requesting disclosure and the financial institution as may be otherwise provided by law for similar motions. Failure to file and serve such motion to quash or for protection shall constitute consent for all purposes to disclosure, production, or examination made pursuant to this Code section.
SECTION 9. Said chapter is further amended by striking subsections (a) and (b) of Code Section 7-1433, relating to the closure of stock transfer books, and inserting in their place the following:
(a) For the purpose of determining shareholders entitled to notice of or to vote at any meeting of shareholders or any adjournment thereof, or entitled to receive payment of any dividend, or in order to make a determination of shareholders for any other proper purpose, the board of directors of a bank or trust company may provide that the stock transfer books shall be closed for a stated period not to exceed, in any case, 50 70 days. If the stock transfer books shall be closed for the purpose of determining shareholders entitled to notice of or to vote at a meeting of shareholders, such books shall be closed for at least ten days immediately preceding such meeting. (b) In lieu of closing the stock transfer books, the bylaws or, in the absence of an applicable bylaw, the board of directors may fix in advance a date as the record date for any such determination of shareholders, such date in any case to be not more than 50 70 days and, in case of a meeting of shareholders, not less than ten days prior to the date on which the particular action requiring such determination of shareholders is to be taken.
SECTION 10. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 7-1-550, relating to conversions and mergers of state and national banks, and inserting in its place the following:
(1) Compliance with the applicable laws of the United States, including any provisions thereof relating to approval of said conversion, merger, or consolidation by the shareholders and directors of the national bank and to dissenting rights of shareholders in such national bank, and compliance with any other requirements prescribed by the department to protect the shareholders or members or the safety and soundness of the institution; .

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SECTION 11. Said chapter is further amended by inserting new subsections (d) through (g) into Code Section 7-1-630, relating to organization of credit unions, to read as follows:
(d) The subscriber shall file with the department a certificate of the Secretary of State attesting that the name of the proposed credit union has been reserved as authorized by Code Section 7-1-131. (e) The subscriber shall file with the department two copies of proposed bylaws setting forth the following:
(1) The date of the annual meeting, the manner of conducting the same, the number of members constituting a quorum and regulations as to voting, and the manner of notification of the meeting, which shall comply with Code Section 7-1-6, except that, if the credit union maintains an office and the board of directors so determines, notice of the annual meeting or of any special meeting may be given by posting such notice in a conspicuous place in the office of the credit union at least ten days prior to such meeting; (2) The number of directors, which must be not less than five, all of whom must be members, and their powers and duties, together with the duties of the officers elected by the board of directors; (3) The qualifications for membership of those coming within the initial common bond as required by this article; (4) The conditions under which shares may be issued, paid for, transferred, and withdrawn; deposits received and withdrawn; loans made and repaid; and funds otherwise invested; and (5) The charges which shall be made, if any, for failure to meet obligations punctually; whether or not the credit union shall have the power to borrow; the method of receipting for money; the manner of accumulating a reserve; the manner of determining and paying interest and dividends; and such other matters consistent with this article as may be requisite to the organization and operation of the proposed credit union. (f) The subscriber shall pay such fee as shall be established by regulation of the department to defray the cost of the investigation required by Code Section 7-1-632, provided that the department shall not be required to set such fee if in its judgment the fee would discourage the organization of credit unions under this article. (g) The subscriber shall select at least five qualified persons who agree to serve on the board of directors. A signed agreement to serve in these capacities until the first annual meeting or until the election of their successors, whichever is later, shall be executed by those who so agree and filed with the department along with the proposed bylaws.
SECTION 12. Said chapter is further amended by repealing Code Section 7-1-631, relating to documents to be filed when organizing a credit union, and designating said Code section as reserved as follows:
7-1-631.

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The subscribers shall also: (1) File with the department a certificate of the Secretary of State attesting that the name of the proposed credit union has been reserved as authorized by Code Section 71-131; (2) File with the department two copies of proposed bylaws setting forth the following: (A) The date of the annual meeting, the manner of conducting the same, the number of members constituting a quorum and regulations as to voting, and the manner of notification of the meeting, which shall comply with Code Section 7-1-6, except that, if the credit union maintains an office and the board of directors so determines, notice of the annual meeting or of any special meeting may be given by posting such notice in a conspicuous place in the office of the credit union at least ten days prior to such meeting; (B) The number of directors, not less than five, all of whom must be members, and their powers and duties, together with the duties of the officers elected by the board of directors; (C) The qualifications for membership of those coming within the defined common bond as required by this article; (D) The conditions under which shares may be issued, paid for, transferred, and withdrawn; deposits received and withdrawn; loans made and repaid; and funds otherwise invested; and (E) The charges which shall be made, if any, for failure to meet obligations punctually; whether or not the credit union shall have the power to borrow; the method of receipting for money; the manner of accumulating a reserve; the manner of determining and paying interest and dividends; and such other matters consistent with this article as may be requisite to the organization and operation of the proposed credit union; (3) Pay such fee as shall be established by regulation of the department to defray the cost of the investigation required by Code Section 7-1-632, provided that the department shall not be required to set such fee if in its judgment the fee would discourage the organization of credit unions under this article; and (4) Select at least five qualified persons who agree to serve on the board of directors. A signed agreement to serve in these capacities until the first annual meeting or until the election of their successors, whichever is later, shall be executed by those who so agree and filed with the department along with the proposed bylaws Reserved.
SECTION 13. Said chapter is further amended by striking subsection (b) of Code Section 7-1-632, relating to departmental approval of the incorporation of a credit union, and inserting in its place the following:
(b) If the department determines to its satisfaction that the proposed credit union meets the criteria set forth above, it shall, within 90 days from receipt of the articles and in compliance with Code Section 7-1-631 7-1-630, send a copy of the articles and

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written approval of the articles to the Secretary of State after making such changes in the articles or bylaws consistent with this article and with the consent of the subscribers that it deems appropriate. Such approval shall indicate any changes made to the articles including changes from the proposed field of membership. If the department shall disapprove the articles, the procedures of subsection (b) of Code Section 7-1-635 shall be followed.
SECTION 14. Said chapter is further amended by redesignating subsection (c) of Code Section 7-1-634, relating to amendment of articles and bylaws of a credit union, as subsection (e) and inserting new subsections (c) and (d) to read as follows:
(c) The credit union may amend its bylaws to change its field of membership by adding additional groups of persons subject to the following conditions:
(1) Each new group must have a common bond that meets one of the descriptions in subsection (b) of Code Section 7-1-630; and (2) The credit union must pay such fee as may be established by the department to defray the cost of investigation. (d) The department shall grant or deny approval of a complete and accepted application to amend the bylaws within 90 days, subject to safety and soundness and other criteria established by the department for these applications.
SECTION 15. Said chapter is further amended by striking subsections (a) and (b) of Code Section 7-1635, relating to department approval for amendments to articles or bylaws, and inserting in their place the following:
(a) The department shall, in its discretion, approve or disapprove of proposed amendments to the articles or to the bylaws within 90 days after they are submitted by the credit union and within that time shall so advise the Secretary of State of any changes to the articles and inform the credit union in writing of its approval or disapproval. (b) If the department should disapprove any articles or proposed amendments to articles or bylaws, it shall state the reasons for its disapproval. The subscribers or credit union shall have reasonable time, not more than 90 days from the date of disapproval or such additional time as the department may allow, to correct any matters causing its disapproval. If such matter is corrected, the department shall then advise the Secretary of State and credit union in writing of its approval of changes to the articles or the credit union alone in writing of its approval in the case of amendment of the bylaws.
SECTION 16. Said chapter is further amended by striking paragraphs (2), (3), and (4) of subsection (a) of Code Section 7-1-635.1, relating to out-of-state credit unions, and inserting in their place the following:

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(2) Is financially solvent and operates in conformance with the laws and regulations of its charter jurisdiction; and (3) Has deposit insurance comparable to that required for credit unions chartered in this state; and (4) Needs to establish a place of business in this state to serve adequately its members in this state.
SECTION 17. Said chapter is further amended by striking Code Section 7-1-650, relating to powers of a credit union, in its entirety and inserting in its place the following:
7-1-650. A credit union shall have, in addition to the powers common to all corporations under the laws of this state, the following powers:
(1) It may receive funds from its members or other financial institutions in the form of shares and deposits on accounts or as evidenced by certificates of deposit issued by the credit union but shall not have the power to offer third-party payment services except as authorized under Code Section 7-1-670; (2) It may receive passbook savings deposits from nonmembers in such manner as the bylaws may provide, but such deposits may not be subject to check and may not bear a greater rate of interest than the rate of interest paid to members for the same class of deposit; (3) It may make loans to members through subject to approval by its credit committee or authorized employees pursuant to Code Section 7-1-658; (4) It may also invest, through on the authority of its board of directors or by employees authorized by the board of directors, funds not used in loans to members, in the following manner:
(A) In obligations of the United States, including bonds and securities upon which payment of principal and interest is fully guaranteed by the United States; obligations issued by banks for cooperatives, federal land banks, federal intermediate credit banks, federal home loan banks, the Federal Home Loan Bank Board, or any corporation designated in Section 846 of Title 31 of the United States Code as a wholly owned government corporation; or in obligations, participations, or other instruments of or issued by or fully guaranteed as to principal and interest by the Federal National Mortgage Association or the Government National Mortgage Association; (B) In general and direct obligations of the State of Georgia, its counties, districts, and municipalities which have been validated as provided by law, if no more than 25 percent of the shares and deposits of a credit union shall be invested in the obligations of any one such obligor; (C) In loans to other credit unions, provided the loans do not exceed 10 percent of the shares, deposits, and surplus of the investing credit union; (D) By depositing its funds in banks, building and loan associations, savings and loan associations, and other credit unions; by purchasing certificates of deposit and

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savings certificates which such financial institutions are authorized to issue; and by selling or purchasing federal or correspondent (daily) funds or loan participations through such financial institutions; subject to limitations prescribed in regulations issued by the department; and (E) In any other types of investments authorized by the department, including commercial paper, provided such investments shall not, in the aggregate, exceed 10 percent of the shares, deposits, and surplus of the investing credit union. In lieu of the foregoing limitation, any credit union may invest up to 15 percent of its equity capital as defined by the department in authorized investments issued by any single obligor; (5) It may borrow from any source, but the total of such borrowings shall at no time exceed 50 percent of paid-in shares, deposits, and surplus. The department may, notwithstanding the other provisions of this Code section, temporarily waive the requirements of this paragraph to permit an individual credit union to borrow for emergency purposes; (6) It may undertake with the approval of the department other activities which are not inconsistent with this chapter or regulations adopted pursuant thereto, including such powers as are afforded to federally chartered credit unions, either directly, through a subsidiary corporation, or in cooperation with other credit unions; provided, however, no such approval shall be granted unless the commissioner determines the activities do not present undue safety and soundness risks to the credit union involved; (7) It may organize and engage in business without having any stated amount of capital subscribed or paid in other than that derived from the subscribers qualifying shares, may commence business with only such capital authorized and paid in as may be provided in its bylaws, and may provide for the payment and withdrawal thereof as and in the manner provided by its bylaws; (8) It may purchase, hold, and convey real estate for the following purposes only: (A) Such real estate as shall be necessary for the convenient transaction of its business, subject to the prior approval of the department; (B) Such real estate as shall be conveyed to it in satisfaction of debt previously contracted in the course of its business; and (C) Such real estate as it shall purchase at sales under judgments, decrees, or mortgage foreclosures pursuant to mortgages or security deeds held by it; (9) No real estate acquired in the cases provided for by subparagraphs (B) and (C) of paragraph (8) of this Code section and no real estate which has ceased to be used as credit union premises shall be held for a longer period than five years, unless the time shall be extended by the department. Properties, other than real estate, which are acquired in satisfaction of debts previously contracted and which a credit union is not otherwise authorized to own shall be held for no longer than six months unless such time period is extended by the department. Disposition of such property may be financed by the credit union without the advance of additional funds irrespective of the purchasers membership in the credit union and of ordinarily applicable collateral

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margin requirements; (10) It may provide through an amendment to its bylaws which shall be approved by two-thirds of its membership present and voting as otherwise provided in this part for the elimination or limitation of the personal liability of a director to the members in their capacity as shareholders of the credit union to the same extent as a bank or trust company operating under the provisions of this chapter.
SECTION 18. Said chapter is further amended by designating the existing text of Code Section 7-1-653, relating to expulsion or withdrawal of members of a credit union, as subsection (a) and inserting a new subsection (b) to read as follows:
(b) A member may be expelled for reasons defined in the bylaws by a two-thirds vote of the board of directors. An expelled member may obtain reinstatement by an affirmative vote of the majority of the members voting at the next annual meeting of the credit union.
SECTION 19. Said chapter is further amended by striking paragraphs (1) and (6) of subsection (a) of Code Section 7-1-656, relating to the duties of the board of directors of a credit union, and inserting in their place the following:
(1) To act upon all applications for membership or approve the actions of an officer without loan granting authority, designated by the board of directors to approve applications for membership; (6) To have charge of the investment of funds of the credit union other than loans to members within the restrictions imposed by statute or delegate investment authority to a qualified committee or officer as designated by the board of directors; and .
SECTION 20. Said chapter is further amended by striking Code Section 7-1-660, relating to dividends and interest paid by a credit union, and inserting in its place the following:
7-1-660. At such intervals and for such periods as the board of directors may authorize, dividends and interest from retained earnings may be declared at such rates as are determined by the board, provided that such dividends and interest shall not be paid until provision for the transfer to the required reserves allowance for loan losses has been made. Dividends or interest in excess of 90 100 percent of a credit unions net earnings before dividends in the fiscal year preceding the year in which a dividend or interest is proposed shall be approved in writing by the department prior to payment, provided that an application from a credit union with net worth equal to or in excess of the requirements for a well-capitalized credit union, as defined by the National Credit Union Administration rules and regulations shall be deemed to be approved five business days after the receipt of the dividend approval form by the department unless

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the department notifies the credit union that the dividend is not approved within this period. The proposed dividend or interest may be paid after approval by the department upon its determination that such payment would be in the continued best interest of the credit union, would promote its stability, and would not impair its ability to repay its creditors other than its shareholders and depositors.
SECTION 21. Said chapter is further amended by striking Code Section 7-1-663, relating to departmental regulations governing credit unions, and inserting in its place the following:
7-1-663. Without limitation on the authority conferred by Article 1 of this chapter, the department is authorized to make such rules and regulations not inconsistent with this article and other applicable statutes governing the operation of credit unions as it may consider reasonable and proper for the protection of all funds invested. The department shall solicit comments from credit unions at least annually for recommended changes to the departments rules and regulations.
SECTION 22. Said chapter is further amended by striking Code Section 7-1-665, relating to subsidiary offices of a credit union, and inserting in its place the following:
7-1-665. A credit union shall not be prohibited from maintaining offices at locations other than its principal offices if the maintenance of such offices shall be reasonably necessary to furnish service to its membership. The establishment of additional offices shall be subject to the prior approval of the department upon application to it in such form as it may prescribe by regulation. Participation in shared branching networks does not constitute the establishment of additional offices under this Code section.
SECTION 23. Said chapter is further amended by striking subsection (a) of Code Section 7-1-667, relating to credit union mergers, and inserting in its place the following:
(a) A credit union may, with the approval of the department and in accordance with such uniform rules and regulations as it shall make and promulgate, be merged with another credit union under the articles of such credit union, upon any plan agreed upon by the majority of the board of each credit union joining the merger and approved by not less than two-thirds of the members of each credit union present and eligible to vote at meetings called for that purpose. The department may allow waiver of the member vote if in its judgment the merger is necessary to protect the safety and soundness of either or both credit unions. All property, property rights, and interests of the credit union so merging shall, upon merger, be transferred to and vested in the credit union under whose articles the merger is effected without deed, endorsement, or other instrument of transfer; and the debts and obligations of the credit union so merging

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shall be deemed to have been assumed by the credit union under whose articles the merger is effected; and thereafter the articles of the credit union so merging shall be void.
SECTION 24. Said chapter is further amended by striking Code Section 7-1-668, relating to conversions of state and federal credit unions, and inserting in its place the following:
7-1-668. (a) Any credit union operating in this state may convert into a federal chartered credit union, and any federal credit union may convert into a credit union organized under this chapter upon approval of the authority under whose supervision the converted credit union will operate and upon compliance with applicable federal laws as to a converted federal credit union and upon compliance with applicable state laws as to a converted credit union. In the case of a federal credit union converting to a state credit union, such converting credit union may keep its existing members at the time of conversion, but after conversion eligibility for membership in the converted credit union must comply with state law. If there are other areas of noncompliance with state law, the credit union must provide the department with a plan to bring those areas into compliance with Georgia law within a reasonable period, to be determined by the department. (b) The procedure for obtaining such approval and effecting the conversions in the case of a credit union shall be as follows:
(1) A meeting of the board of directors, either regular or special, shall be called for the purpose of voting on converting from a federal credit union to a credit union or from a credit union to a federal credit union. A majority of the board of directors shall adopt a resolution approving the contemplated conversion; (2) A meeting, either regular or special, of the shareholders shall then be called for voting on the proposed conversion. Notice of said meeting shall be given in the manner prescribed in Code Section 7-1-6 and shall include a statement indicating that the proposed conversion will be considered at the meeting. Proof of giving of the notice shall be by the affidavit of the president of the credit union. A majority of the members present at this meeting shall then approve the proposed conversion; (3) Within ten days after such approval of the conversion, the president or vicepresident and treasurer shall file a verified copy of the resolution adopted by the board of directors with the state or federal authority under whose supervision the converting credit union is to operate. (c) Upon the written approval of the department for conversions to credit unions and with the written approval of the administrator of the National Credit Union Administration for conversions to federal credit unions, the converting credit union shall then become a credit union under the laws of this state or the United States, as the case may be; and thereupon all assets shall become the property of the new credit union or federal credit union, as the case may be, subject to all existing liabilities, and every person who was a member of the converting credit union shall be a member in the new credit union or federal credit union.

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(d) Conversions by state chartered credit unions to financial institutions other than credit unions shall be effected by approval of the department and compliance with any other applicable law. Procedures provided in subsection (b) of this Code section shall be followed for obtaining approval and effecting such conversions, provided that two thirds of the members voting shall be required to approve a proposed conversion. The department may prescribe other requirements in order to protect the rights of members or the funds invested.
SECTION 25. Said chapter is further amended by striking subsections (a) and (e) of Code Section 7-1669, relating to a central credit union, and inserting in their place the following:
(a) A 'central credit union' means a credit union which is organized to serve a field of membership which consists primarily of other credit unions operating pursuant to this chapter, any other state credit union law, or the Federal Credit Union Act. A central credit union may be organized and operated under this chapter and subject to all provisions of this chapter which are not inconsistent with this Code section. Such credit union shall use the word 'central' in its name. (e) A central credit union may:
(1) Make loans to other credit unions, but loans to any one credit union shall not exceed: 10 percent of the shares, deposits, and surplus of the credit union borrower, without prior approval of the department;
(A) For unsecured loans and lines of credit, excluding pass-through and guaranteed loans from the Central Liquidity Fund and the National Credit Union Share Insurance Fund, no more than 50 percent of capital; or (B) For secured loans and lines of credit, excluding those secured by shares or marketable securities and member reverse repurchase transactions, no more than 100 percent of capital. For the purposes of this paragraph, the definition of capital shall be consistent with federal law and regulations. The department may utilize other definitions found in the National Credit Union Administration rules and regulations in interpreting this subsection; (2) Make loans to other members as specified in Code Section 7-1-658; (2)(3) Purchase shares of and make deposits in other credit unions; (3)(4) Obtain or acquire the assets and liabilities of any credit union which enters into liquidation; (4)(5) Invest in and grant loans to associations of credit unions and to organizations chartered to provide service to credit unions; and (5)(6) Borrow money and accept deposits from any source.
SECTION 26. Said chapter is further amended by redesignating existing subsection (d) of Code Section 7-1-670, relating to third-party payment services offered by credit unions, as subsection

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(e) and inserting a new subsection (d) to read as follows: (d) A credit union that is approved to offer third-party payment services may apply to the department to offer other services, such as check-cashing services, sale of money orders, or international remittances, which services are determined by the department to be safe, sound, convenient, and necessary and responsive to those consumers eligible for membership. The department may impose restrictions on these services if approved.
SECTION 27. Said chapter is further amended in Code Section 7-1-680, relating to definitions applicable to sale of checks or money orders, by redesignating paragraphs (2) through (5) of subsection (a) as paragraphs (3) through (6), respectively, and by inserting a new paragraph (2) to read as follows:
(2) 'Check holder' means a person who has purchased a check from a check seller or a person who has placed an order to transmit money with a money transmitter.
SECTION 28. Said chapter is further amended by striking subsection (c) of Code Section 7-1-683, relating to license applications and bonding, and inserting in its place the following:
(c) In As an option to the bond for check sellers, provided the department approves, in lieu of such corporate surety bond or bonds or of any portion of the principal thereof, the applicant may deposit with a bank or trust company located in this state, as such applicant may designate and the department may approve, certificates of deposit insured by a federal agency, bonds, notes, debentures, or other obligations of the United States or any agency or instrumentality thereof or guaranteed by the United States or of the State of Georgia or of a municipality, county, school district, or instrumentality of the State of Georgia or guaranteed by the state to an aggregate amount, based upon principal amount or market value, whichever is lower, of not less than the amount of the required corporate surety bond or portion thereof. These assets shall be held to secure the same obligations as would the surety bond; but the licensee shall be entitled to receive all interest thereon and shall have the right, with the approval of the department, to substitute other assets approved by this Code section for those deposited and shall be required to do so on written order of the department made for good cause shown; provided, however, if the licensee substitutes assets more than once during the license period the department may charge a fee for the processing of such substitution to be prescribed by regulations of the department. In the event of the failure or insolvency of such licensee, the assets, any proceeds therefrom, and the funds deposited pursuant to this Code section shall be applied to the payment in full of claims arising out of transactions in this state for the sale or issuance of checks. This subsection shall apply to check sellers only and not to money transmitters.

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SECTION 29. Said chapter is further amended by striking paragraph (10) of Code Section 7-1-1000, relating to definitions applicable to mortgage lenders and brokers, and inserting in its place the following:
(10) 'Misrepresent' means to make a false statement of a substantive fact or to engage in, with the intent to deceive or mislead,. Misrepresent may also mean to intentionally engage in any conduct which leads to a false belief which is material to the transaction.
SECTION 30. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 7-1-1003, relating to licensing mortgage lenders or mortgage brokers, and inserting in its place the following:
(1) The legal name and address of the applicant and, if the applicant is a partnership, association, or corporation, or other business entity, of every member, officer, and director thereof; .
SECTION 31. Said chapter is further amended by striking Code Section 7-1-1003.2, relating to financial requirements for licensing mortgage brokers, in its entirety and inserting in its place the following:
7-1-1003.2. (a) Each licensed mortgage broker must provide the department with a bond. The bond for a mortgage broker shall be in the principal sum of $50,000.00 or such greater sum as the department may require and the bond shall meet the other requirements of subparagraph (c)(2)(B) subsection (c) of this Code section. In lieu of a bond, a mortgage broker may provide the department with evidence from the United States Department of Housing and Urban Development that the broker is a loan correspondent under Title I, Title II, or Title I and Title II for each year the broker is licensed by the department. The bond and the United States Department of Housing and Urban Development requirements are continuous in nature. (b) Except as otherwise provided in subsection (c) of this Code section, the department shall not license or register any mortgage lender unless the applicant or registrant provides the department with a bond. The bond for a mortgage lender shall be in the principal sum of $150,000.00 or such greater sum as the department may require and which bond shall meet the other requirements of subparagraph (c)(2)(B) subsection (c) of this Code section. In lieu of bond a lender may provide the department with an audited financial statement covering the most recent fiscal year preceding the date of the application or registration and such other financial data as the department may require that disclose that the applicant or registrant has a bona fide and verifiable tangible net worth of $250,000.00 or such greater amount as the department may reasonably require, which net worth must be continuously maintained as a condition of

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licensure or registration. (c) The department may issue a mortgage lenders license to an applicant with a bona fide and verifiable tangible net worth of less than $250,000.00 but not less than $100,000.00, provided that such applicant satisfies the following requirements in support of an application for a mortgage lenders license in addition to all other applicable requirements for licensure under this article:
(1) The applicant shall certify that such applicant transfers or assigns all mortgage loans funded with such applicants own funds, including, but not limited to, draws on a warehouse line of credit to another mortgage lender prior to the due date of the first payment by the borrower but in no event later than 45 days after the date of funding; and (2) The applicant shall submit the following to the department:
(A) Audited financial statements covering the applicants most recent fiscal year preceding the date of the application and such other financial data as the department may require that disclose that the applicant has a bona fide and verifiable tangible net worth of $100,000.00 or such greater amount as the department may reasonably require; (B) A corporate surety bond in the principal amount of $100,000.00, which (c) Bond requirements: (1) The bond requirements for mortgage brokers and lenders are continuous in nature and must be maintained at all times as a condition of licensure; and (2) The corporate surety bond shall be for a term and in a form satisfactory to the department, shall be issued by a bonding company or insurance company authorized to do business in this state and approved by the department, and shall run to the State of Georgia for the benefit of any person damaged by noncompliance of a licensee with this article, the 'Georgia Residential Mortgage Act,' or with any condition of such bond. Damages under the bond shall include moneys owed to the department for fees, fines, or penalties. Such bond shall be continuously maintained thereafter in full force. Such bond shall be conditioned upon the applicant or the licensee conducting his or her licensed business in conformity with this article and all applicable laws; and. (C) Evidence of having received approval to participate as a mortgagee loan correspondent in the mortgage insurance programs administered by the United States Department of Housing and Urban Development. (d) An As an alternative to a bond, an applicant or a licensee may supply an irrevocable letter of credit from a federally insured financial institution in form and terms acceptable and payable to the department may be substituted for the bond requirement for a mortgage broker or mortgage lender license. (e) Any person including the department who may be damaged by noncompliance of a licensee with any condition of a bond or this article, the 'Georgia Residential Mortgage Act,' may proceed on such bond against the principal or surety thereon, or both, to recover damages. (f) The department may promulgate rules and regulations with respect to the definition

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of net worth and the requirement for maintaining net worth as a condition of licensure or registration. (g) Both the net worth requirement and the bond, wherever applicable, must be continuously maintained as a condition of licensure or registration.
SECTION 32. Said chapter is further amended by striking subsections (a), (d), and (f) of Code Section 7-1-1004, relating to investigations of applicants for licensure, and inserting in their place the following:
(a) Upon receipt of an application for license, the department shall conduct such investigation as it deems necessary to determine that the applicant and the individuals who direct the affairs or establish policy for the licensee applicant, including the officers, directors, or the equivalent, are of good character and ethical reputation; that the applicant and such persons meet the requirements of subsection (d) of this Code section; that the applicant and such persons demonstrate reasonable financial responsibility; that the applicant has reasonable policies and procedures to receive and process customer grievances and inquiries promptly and fairly; and that the applicant has and maintains a registered agent for service in this state.
(d) The department may not issue or may revoke a license if it finds that the applicant or licensee, or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant or licensee or any individual who directs the affairs or establishes policy for the applicant or licensee, has been convicted of a felony involving moral turpitude in any jurisdiction or of a crime which, if committed within this state, would constitute a felony involving moral turpitude under the laws of this state. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, and regardless of whether first offender treatment without adjudication of guilt pursuant to the charge was entered, unless and until such plea of guilty, or such decision, judgment, or verdict, shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or until probation, sentence, or both probation and sentence of a first offender have been successfully completed and documented or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction was had or shall have received an official certification or pardon granted by the State Board of Pardons and Paroles which removes the legal disabilities resulting from such conviction and restores civil and political rights in this state.
(f) Every licensee and applicant shall be authorized and required to obtain background checks on covered employees. Such background checks shall be handled by the Georgia Crime Information Center pursuant to Code Section 35-3-34 and the rules and

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regulations of the Georgia Crime Information Center. Licensees and applicants shall be responsible for any applicable fees charged by the center. An applicant or licensee may employ a person whose background must be checked and has 90 days from the initial date of hire to obtain satisfactory background data. This provision does not apply to directors, officers, partners, agents, or ultimate equitable owners of 10 percent or more or to persons who direct the companys affairs or establish policy, whose background must have been investigated through the department before taking office, beginning employment, or securing ownership. Upon receipt of information from the Georgia Crime Information Center that is incomplete or that indicates an employee has a criminal record in any state other than Georgia, the employer shall submit to the department two complete sets of fingerprints of such person, together with the applicable fees and any other required information. The department shall submit such fingerprints as provided in subsection (e) of this Code section.
SECTION 33. Said chapter is further amended by striking subsection (a) of Code Section 7-1-1005, relating to renewals of licenses and registrations, and inserting in its place the following:
(a) Except as otherwise specifically provided in this article, all licenses and registrations issued pursuant to this article shall expire on June 30 of each year and application for renewal shall be made annually on or before April 1 of each year; provided, however, that licenses and registrations issued for the calendar year 2000 will expire on June 30, 2001.
SECTION 34. Said chapter is further amended by striking subsections (e) and (f) of Code Section 7-11006, relating to contents and posting of licenses, and inserting in their place the following:
(e) Each licensee shall notify the department in writing of any change in the address of the principal place of business or of any additional location of business in Georgia, any change in registered agent or registered office, any change of principal officer, director, contact person for consumer complaints, or ultimate equitable owner of 10 percent or more of any corporation or other entity licensed under this article, or of any material change in the licensees financial statement. Notice of a change in address or an addition of a new location of the main office or an approved branch location shall be submitted no later than 15 days before the change is made. Notice of other changes must be received by the department no later than 30 business days after the change is effective. (f) No licensee shall open an a new additional office in Georgia without prior approval of the department. Applications for such additional office shall be made in writing on a form prescribed by the department and shall be accompanied by payment of a $350.00 nonrefundable application fee. The application shall be approved unless the department finds that the applicant has not conducted business under this article efficiently, fairly,

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in the public interest, and in accordance with law. The application shall be deemed approved if notice to the contrary has not been mailed by the department to the applicant within 30 days of the date the application is received by the department. After approval, the applicant shall give written notice to the department within ten days of the commencement of business at the additional office.
SECTION 35. Said chapter is further amended by striking paragraphs (1), (6), and (11) of Code Section 7-1-1013, relating to prohibited acts of mortgage lenders, and inserting in their place the following:
(1) Misrepresent the material facts, or make false statements or promises, or submit false statements or documents likely to influence, persuade, or induce an applicant for a mortgage loan, a mortgagee, or a mortgagor to take a mortgage loan, or, through agents or otherwise, pursue a course of misrepresentation by use of fraudulent or unauthorized documents or other means to the department or anyone through agents or otherwise; (6) Engage in any transaction, practice, or course of business which is not in good faith or fair dealing, or which operates a fraud upon any person, in connection with the attempted or actual making of, purchase of, transfer of, or sale of any mortgage loan; (11) Purposely withhold, delete, destroy, or alter information requested by an examiner of the department or make false statements or material misrepresentations to the department during the course of an examination or on any application or renewal form sent to the department.
SECTION 36. Said chapter is further amended by adding a new subsection (h) and by striking paragraph (1) of subsection (a) and subsection (d) of Code Section 7-1-1017, relating to suspensions or revocations of licenses, and inserting in their place the following:
(a)(1) The department may suspend or revoke an original or renewal license or registration on any ground on which it might refuse to issue an original license or registration or for a violation of any provision of this article or of Chapter 6A of this title or any rule or regulation issued under this article or under Chapter 6A of this title, including failure to provide fees on a timely basis, or for failure of the licensee or registrant to pay, within 30 days after it becomes final, a judgment recovered in any court within this state by a claimant or creditor in an action arising out of the licensees or registrants business in this state as a mortgage lender or mortgage broker or for violation of a final order previously issued by the department. (d) A decision of the department denying a license or registration application, original or renewal, shall be conclusive, except that it may be subject to judicial review under Code Section 7-1-90. A decision of the department suspending or revoking a license or registration shall be subject to judicial review in the same manner as a decision of the

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department to take possession of the assets and business of a bank under Code Section 7-1-155. (h) Whenever the department initiates an administrative action against a current licensee, the department may pursue that action to its conclusion despite the fact that a licensee may withdraw its license or fail to renew it.
SECTION 37. Said chapter is further amended by striking subsections (b) and (c) of Code Section 7-11018, relating to cease and desist orders, and inserting in their place the following:
(b) Whenever a person required to be licensed under this article shall fail to comply with the terms of an order of the department which has been properly issued under the circumstances, the department, upon notice of three days to such person, may, through the Attorney General, petition the principal court for an order directing such person to obey the order of the department within the period of time as shall be fixed by the court. Upon the filing of such petition, the court shall allow a motion to show cause why it should not be granted. Whenever, after a hearing upon the merits or after failure of such person to appear when ordered, it shall appear that the order of the department was properly issued, the court shall grant the petition of the department. (c) Any person required to be licensed under this article who violates the terms of any order issued pursuant to this Code section shall be liable for a civil penalty not to exceed $1,000.00. Each day during which the violation continues shall constitute a separate offense. In determining the amount of penalty, the department shall take into account the appropriateness of the penalty relative to the size of the financial resources of such person, the good faith efforts of such person to comply with the order, the gravity of the violation, the history of previous violations by such person, and such other factors or circumstances as shall have contributed to the violation. The department may at its discretion compromise, modify, or refund any penalty which is subject to imposition or has been imposed pursuant to this Code section. Any person assessed as provided in this subsection shall have the right to request a hearing into the matter within ten days after notification of the assessment has been served upon the licensee person involved; otherwise, such penalty shall be final except as to judicial review as provided in Code Section 7-1-90.
SECTION 38. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 39. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 41, nays 1, 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 Balfour
N Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson E Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton
Stephens Y Stoner Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker E Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 2.

SB 82, having received the requisite constitutional majority, was passed by substitute.

SB 124. By Senators Seabaugh of the 28th, Johnson of the 1st, Balfour of the 9th and Meyer von Bremen of the 12th:

A BILL to be entitled an Act to amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to residential and general contractors, so as to change the method of appointing certain members of the board; to provide for certain qualifications concerning licensing for board members; to provide for the time for appointing members of the board; to provide for the time for filing of applications for exemption from examination; to provide for the time for filing applications for certain licensing; to amend Section 2 of an Act approved May 14, 2004 (Ga. L. 2004, p. 786), so as to change the effective date of such Act; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Balfour
Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson E Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton
Stephens Y Stoner Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker E Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 1.

SB 124, having received the requisite constitutional majority, was passed.

Senator Seabaugh of the 28th moved that the Senate adjourn until 10:00 a.m. Tuesday, February 15, 2005.

The motion prevailed, and the President announced the Senate adjourned at 3:14 p.m.

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417

Senate Chamber, Atlanta, Georgia Tuesday, February 15, 2005 Eighteenth Legislative Day

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

Senator Thomas of the 54th reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

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

Mr. President:

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

HB 184.

By Representatives Scott of the 153rd, Heard of the 104th, Geisinger of the 48th and Powell of the 29th:

A BILL to be entitled an Act to amend Code Section 43-41-3 of the Official Code of Georgia Annotated, relating to creation of State Licensing Board for Residential and General Contractors, so as to change the manner of appointment of members of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 293. By Representative O`Neal of the 146th:

A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, Title 10 of the O.C.G.A., relating to commerce and trade, Title 12 of the O.C.G.A., relating to conservation and natural resources, Title 15 of the O.C.G.A., relating to courts, Title 19 of the O.C.G.A., relating to domestic relations, Title 20 of the O.C.G.A., relating to education, Title 28 of the O.C.G.A., relating to the General Assembly, Title 34 of the O.C.G.A., relating to labor and industrial relations, Title 45 of the O.C.G.A., relating to public officers and employees, Title 47 of the O.C.G.A., relating to retirement and pensions, and Title 48 of the O.C.G.A., relating to revenue and taxation, so as to create the State Accounting

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Office; to provide for a state accounting officer; to provide for the appointment and removal of such officer; to provide for staff and offices; to provide for duties and responsibilities of such officer; to provide for effective dates; to repeal conflicting laws; and for other purposes.

HB 296.

By Representative Willard of the 49th:
A BILL to be entitled an Act to amend Title 15 of the O.C.G.A., relating to courts, so as to authorize the Family Court Division of the Superior Court of Fulton County in the Atlanta Judicial Circuit as a pilot project of limited duration; to provide for judges and their appointment, designation, and terms; to provide for district attorneys, public defenders, a clerk, probation officers, and other employees; to authorize agreements with other courts and agencies for the assignment of personnel to such court; to authorize the Attorney General to appoint attorneys to represent the Department of Human Resources in such court; to authorize the chief judge of the Superior Court to require family court judges to complete a planned program of instruction; to provide for expenses; to provide for reports; to provide for automatic repeal; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

HR 66.

By Representatives Smith of the 168th, Smith of the 70th, Sheldon of the 105th, Barnes of the 78th, Meadows of the 5th and others:
A RESOLUTION providing that the Department of Community Affairs may provide that the service area of any nonprofit corporation created by a regional development center and designated as a certified development company by the federal Small Business Administration may include all or part of the entire State of Georgia solely for the purpose of providing authorized program services in accordance with SBA regulations; to provide for procedures; to provide for the transmission of copies of this resolution; to provide for an effective date; and for other purposes.

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

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419

SB 15. By Senators Thompson of the 5th, Shafer of the 48th, Unterman of the 45th, Butler of the 55th, Henson of the 41st and others:
A BILL to be entitled an Act to authorize Gwinnett 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 O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 186. By Senator Whitehead, Sr. of the 24th:
A BILL to be entitled an Act to amend Chapter 15 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Medical Center Authority, so as to change certain provisions relating to establishment of the authority, appointment of members, terms of office, vacancies, removal from office, compensation, authoritys existence, and accountability of members; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 187. By Senators Fort of the 39th, Thompson of the 5th and Zamarripa of the 36th:
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 improve enforcement of the uniform rules of the road; to regulate use of traffic law compliance monitoring devices in enforcing certain such rules; to provide that certain maximum speeding fine limitations shall not apply to speeding in a school speed zone; to change certain provisions relating to required observance of the uniform rules of the road; to change certain provisions relating to obedience to traffic-control devices and enforcement by traffic law compliance monitoring devices; to change certain provisions relating to traffic-control signal monitoring devices; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 188. By Senators Fort of the 39th, Thompson of the 5th and Zamarripa of the 36th:
A BILL to be entitled an Act to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions

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of uniform rules of the road, so as to prohibit the use of devices containing video screens displaying moving pictures visible to the operator of any moving motor vehicle; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes
Referred to the Public Safety and Homeland Security Committee.
SB 189. By Senators Hamrick of the 30th and Unterman of the 45th:
A BILL to be entitled an Act to amend Chapter 17 of Title 17 of the O.C.G.A., relating to the "Crime Victims Bill of Rights," so as to provide special notification procedures for certain crime victims; to change certain provisions relating to notification to victim of accuseds arrest, release from custody, and any judicial proceedings at which such release is considered; to change certain provisions relating to notification to victim of accuseds arrest and any proceedings where accuseds release is considered; to change certain provisions relating to notification to victim of impending parole or clemency proceedings; to change provisions relating to a victim being required to provide an address and phone number to notifying parties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 190. By Senators Tolleson of the 20th, Bulloch of the 11th, Johnson of the 1st and Pearson of the 51st:
A BILL to be entitled an Act to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division, the Environmental Advisory Council, duties of the council, its members, and the director of the division, procedure for aggrieved persons, and inspections, so as to provide that the filing of a petition in certain instances shall not result in a stay of a decision; to amend Code Section 50-13-19 of the Official Code of Georgia Annotated, relating to judicial review of contested cases, so as to provide that the filing of a petition in certain instances shall not result in a stay of a decision except under certain conditions; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 191. By Senators Tolleson of the 20th, Bulloch of the 11th, Johnson of the 1st and Pearson of the 51st:
A BILL to be entitled an Act to amend Code Section 12-2-2 of the Official

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Code of Georgia Annotated, relating to the Environmental Protection Division, the Environmental Advisory Council, duties of the council, its members, and the director of the division, procedure for aggrieved persons, and inspections, so as to provide for expedited review of certain applications for permits or variances performed by qualified professionals under contract with the division for such purpose; to repeal conflicting laws; and for other purposes
Referred to the Natural Resources and the Environment Committee.
SB 192. By Senators Thomas of the 54th, Thompson of the 5th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Article 5 of Chapter 9 of Title 45 of the O.C.G.A., relating to insuring and indemnifying law enforcement officers, firefighters, prison guards, and publicly employed emergency medical technicians, so as to define certain terms; to provide that any emergency rescue or public safety worker who suffers a condition or impairment of health that is caused by hepatitis, meningococcal meningitis, or tuberculosis, that requires medical treatment, and that results in total or partial disability or death shall be presumed to have a disability suffered in the line of duty unless the contrary is shown by competent evidence; to provide for a verification that certain health related activities did not take place; to provide for immunizations; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 193. By Senators Wiles of the 37th, Johnson of the 1st, Weber of the 40th, Balfour of the 9th and Harp of the 29th:
A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 15 of the O.C.G.A., relating to general provisions for juries, so as to change provisions relating to exemptions and postponement of jury duty; to provide a short title; to provide a statement of policy; to provide for guidelines for exemptions for jury duty; to provide for the implementation of a juror management program in each state and superior court; to provide for the completion of jury duty; to provide for exemptions; to change provisions relating to a jurors failure to appear for jury service and create a new offense of failure to appear for jury duty; to create a lengthy trial fund for certain types of cases; to amend Code Section 34-1-3 of the O.C.G.A.; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

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SR 163. By Senator Moody of the 56th:
A RESOLUTION creating the Senate Study Committee on Public-private Infrastructure Projects; and for other purposes.
Referred to the Economic Development Committee.
SR 165. By Senators Schaefer of the 50th, Thomas of the 54th, Hill of the 32nd, Heath of the 31st, Hudgens of the 47th and others:
A RESOLUTION creating the Cervical Cancer Elimination Task Force; and for other purposes.
Referred to the Health and Human Services Committee.
SR 166. By Senators Rogers of the 21st, Johnson of the 1st, Stephens of the 27th, Seabaugh of the 28th and Chance of the 16th:
A RESOLUTION expressing the sense of the Senate with respect to general bills; and for other purposes.
Referred to the Reapportionment and Redistricting Committee.
The following House legislation was read the first time and referred to committee:
HB 184. By Representatives Scott of the 153rd, Heard of the 104th, Geisinger of the 48th and Powell of the 29th:
A BILL to be entitled an Act to amend Code Section 43-41-3 of the Official Code of Georgia Annotated, relating to creation of State Licensing Board for Residential and General Contractors, so as to change the manner of appointment of members of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
HB 293. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, Title 10 of the O.C.G.A., relating to commerce and trade, Title 12 of the O.C.G.A., relating to conservation and natural resources, Title 15 of the O.C.G.A., relating to courts, Title 19 of the O.C.G.A., relating to domestic relations, Title 20 of the O.C.G.A., relating to education, Title 28 of

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423

the O.C.G.A., relating to the General Assembly, Title 34 of the O.C.G.A., relating to labor and industrial relations, Title 45 of the O.C.G.A., relating to public officers and employees, Title 47 of the O.C.G.A., relating to retirement and pensions, and Title 48 of the O.C.G.A., relating to revenue and taxation, so as to create the State Accounting Office; to provide for a state accounting officer; to provide for the appointment and removal of such officer; to provide for staff and offices; to provide for duties and responsibilities of such officer; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 296. By Representative Willard of the 49th:
A BILL to be entitled an Act to amend Title 15 of the O.C.G.A., relating to courts, so as to authorize the Family Court Division of the Superior Court of Fulton County in the Atlanta Judicial Circuit as a pilot project of limited duration; to provide for judges and their appointment, designation, and terms; to provide for district attorneys, public defenders, a clerk, probation officers, and other employees; to authorize agreements with other courts and agencies for the assignment of personnel to such court; to authorize the Attorney General to appoint attorneys to represent the Department of Human Resources in such court; to authorize the chief judge of the Superior Court to require family court judges to complete a planned program of instruction; to provide for expenses; to provide for reports; to provide for automatic repeal; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
HR 66. By Representatives Smith of the 168th, Smith of the 70th, Sheldon of the 105th, Barnes of the 78th, Meadows of the 5th and others:
A RESOLUTION providing that the Department of Community Affairs may provide that the service area of any nonprofit corporation created by a regional development center and designated as a certified development company by the federal Small Business Administration may include all or part of the entire State of Georgia solely for the purpose of providing authorized program services in accordance with SBA regulations; to provide for procedures; to provide for the transmission of copies of this resolution; to provide for an effective date; and for other purposes.
Referred to the Economic Development Committee.

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The following committee reports were read by the Secretary:

Mr. President:

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

HB 84

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

Mr. President:

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

SB 11

Do Pass

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

Mr. President:

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

HB 88 SB 138

Do Pass Do Pass

Respectfully submitted, Senator Wiles of the 37th District, Chairman

The following legislation was read the second time:

SB 49

SB 80

Senator Seabaugh of the 28th asked unanimous consent that Senator Moody of the 56th be excused. The consent was granted, and Senator Moody was excused.

Senator Hooks of the 14th asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr was excused.

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425

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

Senator Pearson of the 51st asked unanimous consent that Senator Balfour of the 9th be excused. The consent was granted, and Senator Balfour was excused.

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

Adelman Brown Bulloch Butler Cagle Carter Chance Chapman Douglas Fort Goggans Golden Hamrick Harp Heath Henson Hill,Jack

Hill,Judson Hooks Hudgens Johnson Jones Kemp Me V Bremen Miles Mullis Pearson Powell Rogers Schaefer Seabaugh Seay Shafer,D Smith

Staton Stephens Stoner Tate Thomas,D Thomas,R Thompson,C Thompson,S Tolleson Unterman Walker Weber Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Balfour (Excused) Moody (Excused)

Grant Reed

Harbison (Excused) Starr (Excused)

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

The members pledged allegiance to the flag.

Senator Wiles of the 37th introduced the chaplain of the day, Pastor Marlon Longacre of Kennesaw, Georgia, who offered scripture reading and prayer.

Senator Golden of the 8th recognized the NCAA Division II National Champion, Valdosta State University Football Team, commended by SR 106, adopted previously.

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The following resolutions were read and adopted:
SR 162. By Senator Kemp of the 46th:
A RESOLUTION recognizing and commending Cardee Kilpatrick; and for other purposes.
SR 164. By Senators Whitehead, Sr. of the 24th, Grant of the 25th and Hudgens of the 47th:
A RESOLUTION expressing regret at the passing of Lance Corporal Michael Scarborough; and for other purposes.
SR 167. By Senator Wiles of the 37th:
A RESOLUTION recognizing Honorable James V. Ham, President of the Association County Commissioners of Georgia, and other county commissioners, county officials, and county employees of Georgia; and for other purposes.
SR 168. By Senators Tate of the 38th and Butler of the 55th:
A RESOLUTION commending the Empire Board of Realtists, Inc.; and for other purposes.

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

SENATE LOCAL CONSENT CALENDAR

Tuesday, February 15, 2005 Eighteenth Legislative Day

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

SB 138

Stoner of the 6th Rogers of the 21st Hill of the 32nd Thompson of the 33rd Wiles of the 37th COBB COUNTY/MARIETTA WATER AUTHORITY

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427

A BILL to be entitled an Act to amend an Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5296), an Act approved March 30, 1989 (Ga. L. 1989, p. 4711), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4121), so as to change the membership, vacancy, and quorum provisions regarding the authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

HB 88

Pearson of the 51st LUMPKIN COUNTY

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

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 E Balfour Y Brown
Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman
Douglas Y Fort Y Goggans

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen
Miles E Moody Y Mullis Y Pearson

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C N Thompson,S Y Tolleson Y Unterman

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Golden Grant Y Hamrick E Harbison Y Harp Y Heath Y Henson

Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the local legislation, the yeas were 45, nays 1.

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

SENATE RULES CALENDAR TUESDAY, FEBRUARY 15, 2005 EIGHTEENTH LEGISLATIVE DAY

SB 125

Economic Development; state-wide tourism marketing; Music Hall of Fame Authority; board appointment (ECD-53rd)

SR 78

Medicare/Medicaid; urge federal centers to expand Georgia's care initiative (H&HS-19th)

SB 58

Street Gang Terrorism/Prevention; change/add certain definitions (Substitute)(PS&HS-30th)

SR 81

Designate; J.G. McCalmon Highway; Carroll/Haralson counties (Substitute)(TRANS-30th)

Respectfully submitted,

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

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

SB 125. By Senators Mullis of the 53rd, Rogers of the 21st, Zamarripa of the 36th, Whitehead, Sr. of the 24th, Stephens of the 27th and others:

A BILL to be entitled an Act to amend Titles 50 and 12 of the O.C.G.A., relating respectively to state government and conservation and natural resources; to promote tourism through a state-wide tourism marketing program and a more focused administrative structure; to provide for implementation and

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for coordination of other agencies by the Department of Economic Development; to provide corresponding amendments to powers of the Board of Economic Development; to provide for a Georgia Tourism Foundation and the solicitation and disbursement of contributions; to transfer the assignment for administrative purposes of certain venues and authorities with tourism roles to the Department of Economic Development; to provide for appointment of the board of the Music Hall of Fame Authority; to provide for an effective date; to repeal conflicting laws, and for related purposes.

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

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

Y Adelman E Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort
Goggans Golden Y Grant Y Hamrick E Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles E Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton
Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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

SB 125, having received the requisite constitutional majority, was passed.

Senator Zamarripa of the 36th introduced the doctor of the day, Dr. Peter Steckl.

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

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Senator Jones of the 10th asked unanimous consent that Senator Adelman of the 42nd be excused. The consent was granted, and Senator Adelman was excused.

The Calendar was resumed.

SR 78. By Senators Williams of the 19th, Staton of the 18th, Johnson of the 1st and Moody of the 56th:

A RESOLUTION urging the federal Centers for Medicare and Medicaid Services to approve the waivers requested by Georgia to further expand Georgias self-directed care initiative; and for other purposes.

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

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

E Adelman E Balfour N Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans
Golden Y Grant Y Hamrick E Harbison Y Harp Y Heath E Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles E Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton
Stephens Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 46, nays 1.

SR 78, having received the requisite constitutional majority, was adopted.

Senator Hill of the 4th recognized members of the 4-H Clubs of Georgia, commended by SR 131, adopted previously.

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431

The Calendar was resumed.
SB 58. By Senators Hamrick of the 30th, Cagle of the 49th, Smith of the 52nd, Unterman of the 45th, Pearson of the 51st and others:
A BILL to be entitled an Act to amend Code Section 16-15-3 of the Official Code of Georgia Annotated, relating to definitions relating to street gang terrorism and prevention, so as to change and add certain definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate Public Safety and Homeland Security Committee offered the following substitute to SB 58:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 16-15-3 of the Official Code of Georgia Annotated, relating to definitions relating to street gang terrorism and prevention, so as to change and add certain definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-15-3 of the Official Code of Georgia Annotated, relating to definitions relating to street gang terrorism and prevention, is amended by striking the Code section and inserting in lieu thereof a new Code Section 16-15-3 to read as follows:
16-15-3. As used in this chapter, the term:
(2)(1) 'Pattern of criminal Criminal gang activity' means the commission, attempted commission, conspiracy to commit, or solicitation, coercion, or intimidation of another person to commit at least two one of the following offenses, provided that at least one of these offenses occurred after July 1, 1998, and the last of such offenses occurred within three years, excluding any periods of imprisonment, of prior criminal gang activity while a member of a criminal street gang:
(A) Any offense defined as racketeering activity by Code Section 16-14-3; (B) Any offense defined in Article 7 of Chapter 5 of this title, relating to stalking; (C) Any offense defined in Code Section 16-6-1 as rape, 16-6-2 as aggravated sodomy, 16-6-3 as statutory rape, or 16-6-22.2 as aggravated sexual battery; (D) Any offense defined in Article 3 of Chapter 10 of this title, relating to escape and other offenses related to confinement; (E) Any offense defined in Article 4 of Chapter 11 of this title, relating to

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dangerous instrumentalities and practices; (F) Any offense defined in Code Section 42-5-15, 42-5-16, 42-5-17, 42-5-18, or 425-19, relating to the security of state or county correctional facilities; and (G) Any offense defined in Code Section 49-4A-11, relating to aiding or encouraging a child to escape from custody.; (H) Any offense of criminal trespass or criminal damage to property resulting from any act of painting on, tagging, marking on, writing on, or creating any form of graffiti on the property of another; (I) Any criminal offense committed in violation of the laws of the United States or its territories, dominions, or possessions, any of the several states, or any foreign nation which, if committed in this state, would be considered criminal gang activity under this Code section; and (J) Any criminal offense in the State of Georgia, any other state, or the United States that involved violence, possession of a weapon, or use of a weapon, whether designated as a felony or not, and regardless of the maximum sentence that could be imposed or actually was imposed. The commission of any offense enumerated in this paragraph by any member of a criminal street gang shall be admissible in any trial or proceeding for the purpose of proving the existence of the criminal street gang and the pattern of criminal gang activity. (1)(2) 'Criminal street gang' means any organization, association, or group of three or more persons associated in fact, whether formal or informal, which engages in a pattern of criminal gang activity as defined at least one of whom has committed one or more of the offenses enumerated in paragraph (2) (1) of this Code section within the past three years. The existence of such organization, association, or group of individuals associated in fact may be established by evidence of the use of such things as, but not limited to, a common name or common identifying actions, words, signs, symbols, tattoos, body art, graffiti, or attire or other distinguishing characteristics.
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 32, nays 9, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

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433

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

Y Adelman E Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans
Golden Y Grant Y Hamrick E Harbison Y Harp Y Heath E Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen N Miles E Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner N Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman N Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 42, nays 8.

SB 58, having received the requisite constitutional majority, was passed by substitute.

SR 81. By Senators Hamrick of the 30th and Seabaugh of the 28th:
A RESOLUTION designating the J. G. McCalmon Highway; and for other purposes.

Hamrick of the 30th moved that SR 81 be engrossed pursuant to Senate Rule 6-9.1(c).

Senator Thompson of the 33rd objected.

On the motion, the yeas were 29 nays 8, the motion prevailed and SR 81 was ordered engrossed.

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The Senate Transportation Committee offered the following substitute to SR 81:

A RESOLUTION

Dedicating the J. G. McCalmon Highway in honor of J. G. McCalmon; and for other purposes.

WHEREAS, J. G. McCalmon diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of Carroll County and the State of Georgia as evidenced dramatically by his service as a director of the Carroll County EMC beginning in 1961 and chairman beginning in 1980 until his death in 2004, by his service as a director of Oglethorpe Power Corporation, and by his work with many civic and business organizations in Carroll County; and

WHEREAS, J. G. McCalmon has a natural and logical connection to the geographic area in which is located the highway system to be dedicated in his honor; and

WHEREAS, it is fitting and proper that the outstanding accomplishments of J. G. McCalmon be recognized appropriately.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that State Highway 113 from its intersection with U. S. Highway 27 to the Carroll/Haralson county line be dedicated in honor of J. G. McCalmon as the J. G. McCalmon Highway.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers dedicating the J. G. McCalmon Highway.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Department of Transportation.

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 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 E Balfour

Y Hill,Jack Y Hill,Judson

Y Smith E Starr

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435

Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans
Golden Y Grant Y Hamrick E Harbison Y Harp Y Heath E Henson

Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles E Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson
Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 48, nays 0.

SR 81, having received the requisite constitutional majority, was adopted by substitute.

The following communications were received by the Secretary:

Senator Steve Thompson District 33 121-F State Capitol Atlanta, GA 30334

Committees: Appropriations Banking and Financial Institutions Finance Transportation

The State Senate Atlanta, Georgia 30334

February 15, 2005

The Honorable Frank Eldridge Secretary of the Senate Georgia State Capitol Atlanta, Georgia 30334

Dear Mr. Secretary:

I am asking that this note be placed in the Journal for this day, February 15, 2005.

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I had been asked to have Senator Tim Golden of the 8th District excused from the last three votes on the last three bills of the Calendar today due to an important constituent meeting. Unfortunately I forgot to do so, and am asking in this letter that he be officially excused for the above reasons.

Thanks for all your help.

Sincerely,

/s/ Steve Thompson 33rd District

Senator Ralph Hudgens District 47 110 State Capitol Atlanta, GA 30334

Committees: Insurance and Labor Agriculture and Consumer Affairs Banking and Financial Institutions Natural Resources and the Environment Retirement Reapportionment and Redistricting

The State Senate Atlanta, Georgia 30334

February 15, 2005

The Honorable Frank Eldridge Secretary of the Senate 353 State Capitol

Dear Frank,

Please remove my name as the first signer on Senate Bill 149.

Sincerely,

/s/ Ralph Hudgens

Senator Stephens of the 27th moved that the Senate adjourn until 10:00 a.m. Wednesday, February 16, 2005.

The motion prevailed, and the President announced the Senate adjourned at 12:02 p.m.

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437

Senate Chamber, Atlanta, Georgia Wednesday, February 16, 2005 Nineteenth Legislative Day

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

Senator Thomas of the 54th reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

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

Mr. President:

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

HB 1.

By Representative Royal of the 171st:

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 acts which shall not constitute a breach of a conservation use covenant; to repeal conflicting laws; and for other purposes.

HB 180.

By Representatives Manning of the 32nd, Benton of the 31st, Byrd of the 20th, Talton of the 145th and Benfield of the 85th:

A BILL to be entitled an Act to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to permit the department to obtain criminal history information from adult persons who reside in a home where a child in the custody of the department has been or may be placed or who provide care to a child who is the subject of a child protective services referral, complaint, or investigation; to permit the department to obtain criminal history information based on a name only for a child to be placed under exigent circumstances; to permit the department to obtain criminal history information based on a name only from the Georgia Crime Information

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HB 200. HB 212. HB 217. HB 272.

Center; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Coan of the 101st, Ehrhart of the 36th, Knox of the 24th, Keen of the 179th, Smith of the 129th and others:
A BILL to be entitled an Act 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 self-insured employer or an insurer for an injury occurring after April 15, 2005, for which a claim is made after April 15, 2005; to provide that the fund shall continue to reimburse self-insured employers and insurers for claims made prior to April 15, 2005; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Manning of the 32nd, Parsons of the 42nd, Oliver of the 83rd, Talton of the 145th, Lunsford of the 110th and others:
A BILL to be entitled an Act to amend Code Section 15-11-9 of the Official Code of Georgia Annotated, relating to appointment of a guardian ad litem for a child in a proceeding in juvenile court, so as to require certain training for guardians ad litem appointed for children in deprivation cases; to provide for an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Neal of the 1st, Harbin of the 118th, Scott of the 153rd, Burmeister of the 119th, Mosby of the 90th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to provide that students, teachers, or other persons who serve as athletic trainers for a public or private elementary school or high school in this state must be licensed as an athletic trainer; to provide an exception for a student-trainer, assistant-trainer, or similar person who functions under the advice, consent, and supervision of a physician or a licensed athletic trainer; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representatives Hembree of the 67th, Sims of the 169th, Oliver of the 83rd, O`Neal of the 146th and Byrd of the 20th:
A BILL to be entitled an Act to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to provide for a program of educational and living expense grants for certain

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439

children who qualify as foster children; to provide for eligibility; to provide for administration, practices, procedures, and requirements related to such grants; to provide for reports; to repeal conflicting laws; and for other purposes.

HB 298.

By Representatives Hembree of the 67th, Ehrhart of the 36th, Martin of the 47th and Smith of the 113th:

A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, grants, and loans, so as to allow the Georgia Higher Education Assistance Corporation and the Georgia Student Finance Authority to exercise powers possessed by private corporations performing similar functions; to increase the amount of bonds that the Georgia Student Finance Authority may issue; to provide the Georgia Student Finance Authority with collection tools to collect unpaid service cancelable loans that are in cash repayment status; to provide the Georgia Student Finance Commission with collection tools to collect unpaid HOPE scholarship and grant funds; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 319.

By Representatives Bridges of the 10th, Golick of the 34th, Cummings of the 16th and Coleman of the 97th:

A BILL to be entitled an Act to amend Code Section 47-20-84 of the Official Code of Georgia Annotated, relating to large retirement systems, so as to provide that such retirement systems may invest in certain types of securities; to repeal conflicting laws; and for other purposes.

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

SB 194. By Senator Schaefer of the 50th:

A BILL to be entitled an Act to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, so as to provide that certain counties may levy and collect such a tax at the rate of 5 percent; to provide that funds shall be expended in a certain way; to repeal conflicting laws; and for other purposes.

Referred to the Finance Committee.

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SB 195. By Senators Schaefer of the 50th, Rogers of the 21st, Carter of the 13th, Chance of the 16th, Pearson of the 51st and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to regulate loans to and abandoned property of museums and archives repositories; to provide a short title; to define certain terms; to provide a process for establishing ownership of property loaned to museums and archives repositories; to provide for notice; to provide for other related matters; to repeal conflicting laws; and for other purposes
Referred to the Special Judiciary Committee.
SB 196. By Senators Carter of the 13th, Butler of the 55th, Moody of the 56th, Thomas of the 54th and Douglas of the 17th:
A BILL to be entitled an Act 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 on a school bus or other vehicle transporting children to and from schools or early care and education programs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.
SB 197. By Senator Thompson of the 33rd:
A BILL to be entitled an Act to amend a former local constitutional amendment, Ga. L. 1976, p. 1908, which former local constitutional amendment was continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution of Georgia and which provided a homestead exemption from City of Powder Springs ad valorem taxes for municipal purposes in the amount of $2,000.00 of the assessed value of the homestead for resident homeowners of that city and a homestead exemption from City of Powder Springs ad valorem taxes for municipal purposes in the amount of $4,000.00 of the assessed value of the homestead for resident homeowners who are 65 years of age or over, so as to increase the amount of the $4,000.00 homestead exemption to $12,000.00; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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441

SB 198. By Senators Miles of the 43rd, Fort of the 39th and Tate of the 38th:
A BILL to be entitled an Act to amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, so as to limit the annual interest rate chargeable on title loans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Banking and Financial Institutions Committee.
SB 199. By Senators Balfour of the 9th, Seabaugh of the 28th, Hudgens of the 47th, Adelman of the 42nd and Henson of the 41st:
A BILL to be entitled an Act to amend Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, so as to delete certain provisions relating to selling, distributing, and delivering prescription drugs by mail or other common carriers; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 200. By Senators Thomas of the 2nd, Fort of the 39th, Tate of the 38th, Brown of the 26th, Seay of the 34th and others:
A BILL to be entitled an Act to amend Article 13 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to PeachCare for Kids, so as to provide for the treatment of delinquent premium payments for PeachCare eligibility; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 201. By Senators Goggans of the 7th, Williams of the 19th, Chapman of the 3rd and Whitehead, Sr. of the 24th:
A BILL to be entitled an Act to provide for deer management; to amend Title 27 of the O.C.G.A., relating to game and fish, so as to change certain provisions relating to revocation, suspension, denial, or nonrenewal of licenses or permits and administrative and judicial review; to change certain provisions relating to legal weapons for hunting wildlife generally; to change certain provisions relating to season and bag limits, promulgation of rules and regulations by the board, possession of more than bag limit, and reporting

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number of deer killed; to change certain provisions relating to hunting deer with dogs; to provide for donation of deer processed for human consumption to bona fide charitable or nonprofit organizations for service or distribution to the poor or needy; to amend Chapter 1 of Title 51; to provide a short title; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
The following House legislation was read the first time and referred to committee:
HB 1. By Representative Royal of the 171st:
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 acts which shall not constitute a breach of a conservation use covenant; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
HB 180. By Representatives Manning of the 32nd, Benton of the 31st, Byrd of the 20th, Talton of the 145th and Benfield of the 85th:
A BILL to be entitled an Act to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to permit the department to obtain criminal history information from adult persons who reside in a home where a child in the custody of the department has been or may be placed or who provide care to a child who is the subject of a child protective services referral, complaint, or investigation; to permit the department to obtain criminal history information based on a name only for a child to be placed under exigent circumstances; to permit the department to obtain criminal history information based on a name only from the Georgia Crime Information Center; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.
HB 200. By Representatives Coan of the 101st, Ehrhart of the 36th, Knox of the 24th, Keen of the 179th, Smith of the 129th and others:
A BILL to be entitled an Act 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 self-insured employer or an insurer for an injury occurring after

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443

April 15, 2005, for which a claim is made after April 15, 2005; to provide that the fund shall continue to reimburse self-insured employers and insurers for claims made prior to April 15, 2005; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
HB 212. By Representatives Manning of the 32nd, Parsons of the 42nd, Oliver of the 83rd, Talton of the 145th, Lunsford of the 110th and others:
A BILL to be entitled an Act to amend Code Section 15-11-9 of the Official Code of Georgia Annotated, relating to appointment of a guardian ad litem for a child in a proceeding in juvenile court, so as to require certain training for guardians ad litem appointed for children in deprivation cases; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 217. By Representatives Neal of the 1st, Harbin of the 118th, Scott of the 153rd, Burmeister of the 119th, Mosby of the 90th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to provide that students, teachers, or other persons who serve as athletic trainers for a public or private elementary school or high school in this state must be licensed as an athletic trainer; to provide an exception for a student-trainer, assistant-trainer, or similar person who functions under the advice, consent, and supervision of a physician or a licensed athletic trainer; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
HB 272. By Representatives Hembree of the 67th, Sims of the 169th, Oliver of the 83rd, O`Neal of the 146th and Byrd of the 20th:
A BILL to be entitled an Act to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to provide for a program of educational and living expense grants for certain children who qualify as foster children; to provide for eligibility; to provide for administration, practices, procedures, and requirements related to such grants; to provide for reports; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.

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HB 298. By Representatives Hembree of the 67th, Ehrhart of the 36th, Martin of the 47th and Smith of the 113th:
A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, grants, and loans, so as to allow the Georgia Higher Education Assistance Corporation and the Georgia Student Finance Authority to exercise powers possessed by private corporations performing similar functions; to increase the amount of bonds that the Georgia Student Finance Authority may issue; to provide the Georgia Student Finance Authority with collection tools to collect unpaid service cancelable loans that are in cash repayment status; to provide the Georgia Student Finance Commission with collection tools to collect unpaid HOPE scholarship and grant funds; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.
HB 319. By Representatives Bridges of the 10th, Golick of the 34th, Cummings of the 16th and Coleman of the 97th:
A BILL to be entitled an Act to amend Code Section 47-20-84 of the Official Code of Georgia Annotated, relating to large retirement systems, so as to provide that such retirement systems may invest in certain types of securities; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 100

Do Pass by substitute

Respectfully submitted, Senator Hamrick of the 30th District, Chairman

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445

Mr. President:

The Economic Development 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 218 SB 144

Do Pass Do Pass

Respectfully submitted, Senator Mullis of the 53rd District, Chairman

Mr. President:

The Education 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:

SR 21

Do Pass by substitute Respectfully submitted, Senator Moody of the 56th 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 191 SB 155

Do Pass Do Pass

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

Mr. President:

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

SB 81 SB 109 SB 112

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

SB 116 SB 140 SR 82

Do Pass by substitute Do Pass Do Pass

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

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Mr. President:

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

SR 23

Do Pass by substitute Respectfully submitted, Senator Golden of the 8th District, Vice-Chairman

Mr. President:

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

SB 19 SB 141

Do Pass Do Pass

Respectfully submitted, Senator Smith of the 52nd District, Chairman

Mr. President:

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

SB 41

Do Pass

Respectfully submitted, Senator Hamrick of the 30th District, Vice-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 67 HB 68

Do Pass Do Pass

Respectfully submitted, Senator Wiles of the 37th District, Chairman

The following legislation was read the second time:

HB 84

SB 11

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Senator Hooks of the 14th asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr was excused.

Senator Adelman of the 42nd asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused.

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

Adelman Balfour Brown Bulloch Butler Cagle Carter Chance Chapman Douglas Fort Goggans Grant Hamrick Harbison Harp Heath Henson

Hill,Jack Hill,Judson Hooks Hudgens Johnson Jones Kemp Me V Bremen Miles Moody Mullis Pearson Powell Reed Rogers Schaefer Seabaugh Seay

Shafer,D Smith Staton Stephens Stoner Tate Thomas,D Thomas,R Thompson,C Tolleson Unterman Walker Weber Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Golden (Excused)

Starr (Excused)

Thompson, S

The members pledged allegiance to the flag.

Senator Weber of the 40th introduced the chaplain of the day, Dr. Chris Price of Dunwoody, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 169. By Senator Goggans of the 7th:

A RESOLUTION commending Jeffrey Kyle Robinson on becoming an Eagle Scout; and for other purposes.

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SR 170. By Senators Chapman of the 3rd, Johnson of the 1st, Stephens of the 27th and Chance of the 16th:
A RESOLUTION commending Mr. James "Jack" Hutto, recipient of the 2004 Ronald Reagan Republican Gold Medal Award; and for other purposes.
SR 171. By Senators Hill of the 32nd, Thompson of the 33rd, Rogers of the 21st and Wiles of the 37th:
A RESOLUTION recognizing and commending Mr. Fred D. Bentley, Sr.; and for other purposes.
SR 172. By Senators Henson of the 41st, Miles of the 43rd, Butler of the 55th and Weber of the 40th:
A RESOLUTION honoring and remembering the life of Mr. Donald Homer "Tommy" Thompson; and for other purposes.
SR 173. By Senators Williams of the 19th, Chapman of the 3rd, Goggans of the 7th, Tolleson of the 20th and Staton of the 18th:
A RESOLUTION commending the Golden Isles Parkway Association, Inc., and their partners for the "Peaches to the Beaches" annual yard sale; and for other purposes.
SR 174. By Senator Goggans of the 7th:
A RESOLUTION commending Caleb Michael Worley on becoming an Eagle Scout; and for other purposes.
SR 175. By Senator Jones of the 10th:
A RESOLUTION honoring and commending Reverend Edward W. Lee; and for other purposes.

Senator Reed of the 35th asked unanimous consent that Senator Seay of the 34th be excused. The consent was granted, and Senator Seay was excused.

Senator Chapman of the 3rd asked unanimous consent that Senator Hill of the 4th be excused. The consent was granted, and Senator Hill was excused.

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449

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

SENATE LOCAL CONSENT CALENDAR

Wednesday, February 16, 2005 Nineteenth Legislative Day

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

HB 68

Goggans of the 7th CITY OF RAY CITY

A BILL to be entitled an Act to amend an Act incorporating the City of Ray City, approved March 17, 1960 (Ga. L. 1960, p. 2473), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4040), so as to provide for staggered, four-year terms for the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the 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 Brown Y Bulloch
Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp

E Hill,Jack Hill,Judson
Y Hooks Y Hudgens
Johnson Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Rogers Y Schaefer Y Seabaugh

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C
Thompson,S Y Tolleson Y Unterman
Walker Weber Y Whitehead Y Wiles Y Williams

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Y Heath Y Henson

E Seay Y Shafer,D

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.

SB 4 SR 34 SB 107 SR 67 HB 199 SB 49 SB 99 SB 121 SB 110

SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 16, 2005 NINETEENTH LEGISLATIVE DAY
Public Funds; balancing of federal/state funds; change provisions (Substitute)(TRANS-28th)
CA: Sales Tax; educational purposes; change certain imposition requirements (FIN-49th)
Developmental Highway System; additional route (TRANS-19th)
CA: Fishing/Hunting; managed by law/regulation (NR&E-1st)
Elections Code; corrections (S JUDY-12th) Willard-49th
Annual Reports, Budgets, Audits; General Assembly members; notification of availability (SLGO(G)-46th)
MARTA Act; code of ethics; conflict of interest; board members; provisions (TRANS-56th)
Tollway Authority; motorist identity, travel history on project; exempt record (Substitute)(S&T-56th)
Georgia Massage Therapy Practice Act; create Georgia Board of Massage Therapy (Amendment)(H&HS-45th)
Respectfully submitted,
/s/ Balfour of the 9th, Chairman Senate Rules Committee

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451

The following legislation was read the third time and put upon its passage:
SB 4. By Senators Seabaugh of the 28th, Williams of the 19th, Stephens of the 27th, Hamrick of the 30th, Hill of the 32nd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to the allocation of funds for public roads, so as to change the provisions regarding the balancing of federal and state funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate Transportation Committee offered the following substitute to SB 4:
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 state and federal funds for public roads, so as to exempt projects on the interstate system from balancing by congressional district; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to the allocation of state and federal funds for public roads, is amended by striking in its entirety subsection (a) of Code Section 32-5-30, relating to allocation of state and federal funds, and inserting in its place the following:
(a) The total of expenditures from the State Public Transportation Fund under paragraphs (4), (5), and (6) of Code Section 32-5-21 plus expenditures of federal funds appropriated to the department, not including any state or federal funds specifically designated for maintenance and operations, any project undertaken for purposes of the Developmental Highway System provided by Code Section 32-4-22, or any project of the Georgia Regional Transportation Authority, Georgia Ports Authority, or Metropolitan Atlanta Rapid Transit Authority, or any project on The Dwight D. Eisenhower System of Interstate and Defense Highways, shall be budgeted by the department over each five-year period commencing July 1, 1999, and quinquennially thereafter two successive budgeting periods every decade. The first budgeting period shall commence immediately following redistricting of congressional districts after each decennial census and shall be for a duration of five years. The second budgeting period shall continue until the beginning of the budgeting period following the next redistricting of congressional districts after each decennial census. The department shall budget such expenditures such that at the end of such budgeting period funding

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obligations equivalent to at least 85 percent of such total for such budgeting period shall have been divided equally among the congressional districts in this state, as those districts existed at the commencement of such budgeting 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 budgeting 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 budgeting period which are more than 20 percent greater than that received by any other such congressional district pursuant to this subsection for such budgeting period.

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

Senator Powell of the 23rd offered the following amendment to Senate Transportation Committee Substitute to SB 4 (LC 34 0210S) as follows:

By deleting from lines 17 and 18 on page 1 the following symbols and phrase: "or any project on The Dwight D. Eisenhower System of Interstate and Defense Highways,."

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

N Adelman N Balfour Y Brown Y Bulloch Y Butler N Cagle Y Carter N Chance N Chapman N Douglas N Fort N Goggans E Golden Y Grant N Hamrick N Harbison N Harp N Heath N Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson N Jones N Kemp Y Me V Bremen N Miles Y Moody N Mullis N Pearson Y Powell N Reed N Rogers N Schaefer,N N Seabaugh E Seay N Shafer,D

N Smith E Starr N Staton N Stephens N Stoner N Tate N Thomas,D Y Thomas,R N Thompson,C
Thompson,S N Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles N Williams N Zamarripa

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453

On the adoption of the amendment, the yeas were 11, nays 41, and the Powell amendment was lost.

The following communication was received by the Secretary:

Senator Dan Moody District 56 421-C State Capitol Atlanta, GA 30334

Committees: Education and Youth Insurance and Labor Appropriations Rules Ethics Reapportionment and Redistricting

The State Senate Atlanta, Georgia 30334

February 17, 2005

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

Dear Mr. Eldridge:

Please let the Journal show that I voted incorrectly in favor of Amendment #(1) for Senate Bill 4 and intended to vote against the amendment.

Sincerely,

/s/ Dan Moody

On the adoption of the substitute, the yeas were 40, 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:

Y Adelman Y Balfour N Brown N Bulloch

N Hill,Jack Y Hill,Judson N Hooks Y Hudgens

Y Smith E Starr Y Staton Y Stephens

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Y Butler Y Cagle N Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans E Golden N Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Johnson Y Jones N Kemp N Me V Bremen Y Miles Y Moody Y Mullis Y Pearson N Powell Y Reed Y Rogers
Schaefer Y Seabaugh E Seay Y Shafer,D

Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C
Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 42, nays 9.

SB 4, having received the requisite constitutional majority, was passed by substitute.

SR 34. By Senators Cagle of the 49th, Balfour of the 9th, Moody of the 56th, Carter of the 13th, Pearson of the 51st and others:

A RESOLUTION

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

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article VIII, Section VI of the Constitution is amended by striking Paragraph IV and inserting in its place a new Paragraph IV to read as follows:
Paragraph IV. Sales tax for educational purposes. (a)(1) The board of education of
each 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

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455

referendum thereon. (2) The board of education of each county school district and the board of education of each independent school district located within such county may by concurrent resolutions impose, levy, and collect a sales and use tax for educational purposes of such school districts conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon. Such concurrent resolution shall only be required with respect to an independent school district, located wholly or partially in the county, when at least 25 percent of the total student enrollment of such independent school district is within such county. If less than 25 percent of the total student enrollment of such independent school is in a county, no concurrent resolution shall be required of that independent school district and the board of education of that county may levy the tax under the requirements of subparagraph (a)(1) of this Paragraph; provided, however, that such independent school district shall receive a share of the proceeds pursuant to subparagraph (i) of this Paragraph. (3) This tax shall be at the rate of 1 percent and shall be imposed for a period of time not to exceed five years, but in all other respects, except as otherwise provided in this Paragraph, shall correspond to and be levied in the same manner as the tax provided for by Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, as now or hereafter amended general law. Proceedings for the reimposition of such tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect. The purpose or purposes for which the proceeds of the tax are to be used and may be expended shall depend upon which option of such tax is selected by the board or boards of education. Such option shall be specified in the resolution or concurrent resolution calling for the imposition of the tax. (b) The option 1 purpose or purposes for which the proceeds of the tax are to be used and may be expended include: (1) Capital outlay projects for educational purposes; (2) The retirement of previously incurred general obligation debt with respect only to capital outlay projects of the school system; provided, however, that the tax authorized under this Paragraph shall only be expended for the purpose authorized under this subparagraph (b)(2) if all ad valorem property taxes levied or scheduled to be levied prior to the maturity of any such then outstanding general obligation debt to be retired by the proceeds of the tax imposed under this Paragraph shall be reduced by a total amount equal to the total amount of proceeds of the tax imposed under this Paragraph to be applied to retire such bonded indebtedness. In the event of failure to comply with the requirements of this subparagraph (b)(2), as certified by the Department of Revenue, no further funds shall be expended under this subparagraph (b)(2) by such county or independent board of education and all such funds shall be maintained in a separate, restricted account and held solely for the expenditure for future capital outlay projects for educational purposes; or

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(3) A combination of the foregoing. (c) The option 2 purpose or purposes for which the proceeds of the tax are to be used and may be expended include the use of an amount equal to 25 percent of the amount of proceeds collected in each year in which the tax is levied for the reduction of the millage rate against tangible property within the school district for educational maintenance and operation purposes in an equivalent amount and the remaining 75 percent of such proceeds for:
(1) Capital outlay projects for educational purposes; (2) The retirement of previously incurred general obligation debt with respect only to capital outlay projects of the school system; provided, however, that the tax authorized under this Paragraph shall only be expended for the purpose authorized under this subparagraph (c)(2) if all ad valorem property taxes levied or scheduled to be levied prior to the maturity of any such then outstanding general obligation debt to be retired by the proceeds of the tax imposed under this Paragraph shall be reduced by a total amount equal to the total amount of proceeds of the tax imposed under this Paragraph to be applied to retire such bonded indebtedness. In the event of failure to comply with the requirements of this subparagraph (c)(2), as certified by the Department of Revenue, no further funds shall be expended under this subparagraph (c)(2) by such county or independent board of education and all such funds shall be maintained in a separate, restricted account and held solely for the expenditure for future capital outlay projects for educational purposes; or (3) A combination of the foregoing. (d) The option 3 purpose for which the proceeds of the tax are to be used and may be expended shall be solely for the purpose of reducing the millage rate against tangible property within the school district for educational maintenance and operation purposes. (c)(e) The resolution calling for the imposition of the tax and the ballot question shall each describe the option purposes, and if applicable: (1) The specific capital outlay projects to be funded, or the specific debt to be retired, or both, if applicable; (2) The maximum cost of such project or projects and, if applicable, the maximum amount of debt to be retired, which cost and amount of debt shall also be the maximum amount of net proceeds to be raised by the tax; and (3) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years. (d)(f) Nothing in this Paragraph shall prohibit a county and those municipalities located in such county from imposing as additional taxes local sales and use taxes authorized by general law. (e)(g) The tax imposed pursuant to this Paragraph shall not be subject to and shall not count with respect to any general law limitation regarding the maximum amount of local sales and use taxes which may be levied in any jurisdiction in this state. (f)(h) The tax imposed pursuant to this Paragraph shall not be subject to any sales and use tax exemption with respect to the sale or use of food and beverages which is imposed by law.

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457

(g)(i) The net proceeds of the tax shall be distributed between the county school district and the independent school districts, or portion thereof, located in such county according to the ratio the student enrollment in each school district, or portion thereof, bears to the total student enrollment of all school districts in the county or upon such other formula for distribution as may be authorized by local law. (j) For purposes of this subparagraph Paragraph, student enrollment shall be based on the latest FTE count prior to the referendum on imposing the tax. (h)(k) Excess proceeds of the tax which remain following expenditure of proceeds for authorized projects or purposes for education under option 1 or option 2 shall be used solely for the purpose of reducing any indebtedness of the school system. In the event there is no indebtedness, such excess proceeds shall be used by such school system for the purpose of reducing its millage rate in an amount equivalent to the amount of such excess proceeds. For purposes of this subparagraph, excess proceeds shall also be deemed to include any interest earned with respect to the proceeds of the tax. (i)(l) The tax authorized by this Paragraph may be imposed, levied, and collected as provided in this Paragraph without further action by the General Assembly, but the General Assembly shall be authorized by general law to further define and implement its provisions including, but not limited to, the authority to specify the percentage of net proceeds to be allocated among the projects and purposes for which the tax was levied and the manner and method of providing for the millage rollback under option 2 or option 3.
(j)(m)(1) Notwithstanding any provision of any constitutional amendment continued in force and effect pursuant to Article XI, Section I, Paragraph IV(a) and except as otherwise provided in subparagraph (j)(m)(2) of this Paragraph, any political subdivision whose ad valorem taxing powers are restricted pursuant to such a constitutional amendment may receive the proceeds of the tax authorized under this Paragraph or of any local sales and use tax authorized by general law, or any combination of such taxes, without any corresponding limitation of its ad valorem taxing powers which would otherwise be required under such constitutional amendment. (2) The restriction on and limitation of ad valorem taxing powers described in subparagraph (j)(m)(1) of this Paragraph shall remain applicable with respect to proceeds received from the levy of a local sales and use tax specifically authorized by a constitutional amendment in force and effect pursuant to Article XI, Section I, Paragraph IV(a), as opposed to a local sales and use tax authorized by this Paragraph or by general law.
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended so as to provide that the sales and use tax for educational purposes may also be imposed in

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( ) NO whole or in part for maintenance and operation of public schools with an equivalent millage rate reduction and to change the imposition requirements?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Senators Unterman of the 45th, Heath of the 31st and Cagle of the 49th offered the following amendment #1:
Amend SR 34 by striking 25 and inserting 10 (page 1, Line 24)
Senator Unterman of the 45th asked unanimous consent that her amendment #1 be withdrawn. The consent was granted, and the amendment was withdrawn.
Senators Unterman of the 45th, Heath of the 31st and Cagle of the 49th offered the following amendment #2:
Amend SR 34 by striking 25 and inserting 10 (page 1, Line 24)
striking 25 and inserting 10 (page 1, Line 26)
Senator Cagle of the 49th asked unanimous consent that SR 34 be placed on the Table. The consent was granted, and SR 34 was placed on the Table.
Senator Powell of the 23rd introduced the doctor of the day, Dr. William Mark Newton.
Senator Chance of the 16th asked unanimous consent that Senator Seabaugh of the 28th be excused. The consent was granted, and Senator Seabaugh was excused.
The Calendar was resumed.
SB 107. By Senators Williams of the 19th, Tolleson of the 20th, Hill of the 4th, Powell of the 23rd and Grant of the 25th:
A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to add an additional route to the Developmental Highway System; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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459

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 Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones N Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C
Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 1.

SB 107, having received the requisite constitutional majority, was passed.

SR 67. By Senators Johnson of the 1st, Mullis of the 53rd, Tolleson of the 20th, Goggans of the 7th, Stephens of the 27th and others:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that the tradition of fishing and hunting and the taking of fish and wildlife shall be preserved for the people and shall be managed by law and regulation for the public good; to provide for submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article I, Section I of the Constitution is amended by renumbering Paragraph XXVIII as

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Paragraph XXIX and inserting a new Paragraph XXVIII to read as follows: Paragraph XXVIII. Fishing and hunting. The tradition of fishing and hunting and
the taking of fish and wildlife shall be preserved for the people and shall be managed by law and regulation for the public good.

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

"( ) YES ( ) NO

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

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

"No." If such amendment shall be ratified as provided in said Paragraph of the

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

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

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

Y Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh

Y Smith E Starr Y Staton Y Stephens Y Stoner
Tate Y Thomas,D N Thomas,R
Thompson,C Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams

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461

Y Heath Henson

E Seay Y Shafer,D

Y Zamarripa

On the adoption of the resolution, the yeas were 44, nays 4.

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

HB 199. By Representative Willard of the 49th:

A BILL to be entitled an Act 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; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; 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 Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans E Golden Y Grant
Hamrick

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C
Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead

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Y Harbison Y Harp Y Heath Y Henson

Y Schaefer Y Seabaugh E Seay Y Shafer,D

Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

HB 199, having received the requisite constitutional majority, was passed.

SB 49. By Senators Kemp of the 46th, Thompson of the 33rd, Grant of the 25th and Zamarripa of the 36th:

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 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 Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C
Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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

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463

SB 49, having received the requisite constitutional majority, was passed.

SB 99. By Senators Moody of the 56th, Butler of the 55th and Reed of the 35th:

A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, particularly by an Act approved March 16, 1971 (Ga. L. 1971, p. 2092), so as to change certain provisions regarding violations of the code of ethics; to add a certain provision regarding the removal of a member of the board of directors for violation of certain provisions regarding conflicts of interest; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senator Adelman of the 42nd offered the following amendment:

Amend SB 99 by striking "120" at line 26 of page 2 and inserting in lieu thereof "60"

On the adoption of the amendment, the yeas were 43, nays 0, and the Adelman 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 Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C
Thompson,S Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams

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Y Heath Y Henson

Y Seay Y Shafer,D

Y Zamarripa

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

SB 99, having received the requisite constitutional majority, was passed as amended.

Senator Rogers of the 21st asked unanimous consent that Senator Tolleson of the 20th be excused. The consent was granted, and Senator Tolleson was excused.

SB 121. By Senators Moody of the 56th, Shafer of the 48th, Hill of the 32nd, Williams of the 19th, Rogers of the 21st and others:

A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required, so as to exempt records of the State Road and Tollway Authority that would reveal the identity, financial accounts, or travel history of an individual who is a motorist on a tollway project; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate Science and Technology Committee offered the following substitute to SB 121:

A BILL TO BE ENTITLED AN ACT

To amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required, so as to exempt records of the State Road and Tollway Authority that would reveal the identity, financial accounts, or travel history of an individual who is a motorist on a tollway project; to provide for related matters; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required, is amended by striking paragraphs (16) and (17) of subsection (a) and inserting in lieu thereof new paragraphs (16), (17), and (18) to read as follows:
(16) Unless the request is made by the accused in a criminal case or by his or her attorney, public records of an emergency '911' system, as defined in paragraph (3) of

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Code Section 46-5-122, containing information which would reveal the name, address, or telephone number of a person placing a call to a public safety answering point, which information may be redacted from such records if necessary to prevent the disclosure of the identity of a confidential source, to prevent disclosure of material which would endanger the life or physical safety of any person or persons, or to prevent the disclosure of the existence of a confidential surveillance or investigation; or (17) Records of athletic or recreational programs, available through the state or a political subdivision of the state, that include information identifying a child or children 12 years of age or under by name, address, telephone number, or emergency contact, unless such identifying information has been redacted; or (18) Records obtained by the State Road and Tollway Authority in connection with its operation of a toll project, to the extent that such records would reveal the identity, financial accounts, or travel history of any individual who is a motorist upon such toll project. Such records shall include, but not be limited to, a motorists name, social security number, home address, home telephone number, e-mail address, credit or debit card information, and bank account information.

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all requests for copies of records or to inspect records filed or submitted on or after such date and that are pending on such date.

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

On the adoption of the substitute, the yeas were 38, nays 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 Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp
Me V Bremen Y Miles

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C

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Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers
Schaefer Y Seabaugh Y Seay Y Shafer,D

Thompson,S E Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

SB 121, having received the requisite constitutional majority, was passed by substitute.

Senator Adelman of the 42nd asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

SB 110. By Senators Unterman of the 45th, Thomas of the 54th and Smith of the 52nd:

A BILL to be entitled an Act to amend Title 43 of the O.C.G.A., relating to regulation of professions and businesses, so as to add a new Chapter 24A regulating the practice of massage therapy; to provide a short title; to provide legislative findings and intent; to provide for certain definitions; to create the Georgia Board of Massage Therapy; to provide for membership on the board; to provide for meetings of the board; to provide for powers of the board; to provide for licensure of massage therapists; to provide for provisional permits; to provide for applications under oath; to provide for licensing examinations; to provide for requirements relating to a license; to provide for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

Amend SB 110 by inserting between lines 16 and 17: This Act will become effective when funding is appropriated.

On the adoption of the amendment, the yeas were 38, nays 3, and the committee amendment was adopted.

Senator Henson of the 41st moved that SB 110 be placed on the Table.

Senator Unterman of the 45th objected.

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

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans E Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson N Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell
Reed Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

N Smith E Starr N Staton N Stephens N Stoner Y Tate N Thomas,D N Thomas,R N Thompson,C E Thompson,S E Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the motion, the yeas were 14, nays 36; the motion lost, and SB 110 was not placed on the Table.

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 Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans E Golden

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell

Y Smith E Starr Y Staton Y Stephens Y Stoner N Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S E Tolleson Y Unterman N Walker

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Y Grant Y Hamrick Y Harbison Y Harp Y Heath N Henson

Reed Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 44, nays 6.

SB 110, having received the requisite constitutional majority, was passed as amended.

The following communication was received by the Secretary:

Senator Sam Zamarripa District 36 121-E State Capitol Atlanta, GA 30334

Committees: Economic Development Insurance and Labor Science and Technology Transportation

The State Senate Atlanta, Georgia 30334
February 16, 2005

The Honorable Frank Eldridge Secretary of the Senate State Capitol Atlanta, Georgia 30334

Dear Mr. Secretary:

I would respectfully request that it be entered into the Journals for today's session, February 16th, that Senator Steve Thompson be excused for the session due to constituent business outside the office.

Steve asked that I have him excused and I regretfully forgot to do so. Thank you for your help.

Sincerely, /s/ Sam Zamarripa

Senator Stephens of the 27th moved that the Senate adjourn until 10:00 a.m. Thursday, February 17, 2005.

The motion prevailed, and the President announced the Senate adjourned at 1:15 p.m.

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Senate Chamber, Atlanta, Georgia Thursday, February 17, 2005 Twentieth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

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

HB 166.

By Representatives Channell of the 116th, Keen of the 179th, Fleming of the 117th, Cooper of the 41st, Brown of the 69th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the O.C.G.A., relating to the care and protection of indigent and elderly patients, so as to enact the "'Health Share' Volunteers in Medicine Act"; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for contracts between health care providers and governmental contractors; to provide uncompensated health care services to low-income persons; to provide for notice requirements to patients; to provide for volunteers providing support services; to provide for applicability of benefits; to provide for a report on claim statistics; to provide for an annual report by the Department of Community Health to certain legislative officers; to provide for liability coverage for claims and defense of litigation; to provide for the establishment of rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 178. HB 196. HB 246. HB 273.

By Representative Bridges of the 10th:
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 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; to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated; to provide for other matters relative to Title 47 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Smith of the 113th, Ehrhart of the 36th, Willard of the 49th, Fleming of the 117th, Parrish of the 156th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to change certain provisions relating to common-sense consumption; to repeal conflicting laws; and for other purposes.
By Representatives Graves of the 137th, Stephens of the 164th, Carter of the 159th, Burmeister of the 119th, Parham of the 141st and others:
A BILL to be entitled an Act to amend Code Section 26-4-80 of the Official Code of Georgia Annotated, relating to dispensing prescription drugs, electronically transmitting drug orders, refills, and Schedule II controlled substance prescriptions, so as to change certain provisions relating to the electronic transmission of prescription drug orders; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representatives Lunsford of the 110th, Richardson of the 19th, Smith of the 129th, Ehrhart of the 36th, Harbin of the 118th and others:
A BILL to be entitled an Act to amend Titles 32 and 40 of the O.C.G.A., relating to highways, bridges, and ferries and motor vehicles and traffic, respectively, so as to authorize the Department of Transportation to implement FlexAuto lanes; to provide that a FlexAuto lane shall be an area designated as a special lane of travel created by converting emergency lane and hard shoulder areas on the left or right side of an interstate highway or other road into a rush hour traffic lane for use by automobiles only during certain hours; to state legislative findings, determinations, and recommendations; to provide for striping, marking, and signage of FlexAuto lanes; to regulate the use of such lanes and provide for criminal

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punishment of violations; to provide for conditions and limitations; to provide for other related matters; 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 98.

By Representatives Golick of the 34th, Roberts of the 154th, Smith of the 70th and Jones of the 46th:

A BILL to be entitled an Act to amend Chapter 22 of Title 36 of the O.C.G.A., relating to community greenspace preservation, so as to provide a short title; to provide for state and local government activities with respect to land conservation; to state legislative intent; to define terms; to create the Georgia Land Conservation Council and provide for its membership, powers, duties, and operations; to create the Georgia Land Conservation Trust Fund and to create the Georgia Land Conservation Revolving Loan Fund and provide for appropriations and other additions to said funds, as well as grants and other disbursements from said funds; to provide for eligibility for and award and disbursement of grants to counties, cities, and the Department of Natural Resources; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

SB 202. By Senator Wiles of the 37th:
A BILL to be entitled an Act to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to provide for additional grant certification requirements with respect to subrecipients and units of local government; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 203. By Senator Wiles of the 37th:
A BILL to be entitled an Act to amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to public defenders, so as to authorize the recovery of attorneys fees and costs from persons who receive

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indigent defense services; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 204. By Senators Kemp of the 46th, Thomas of the 54th, Zamarripa of the 36th, Goggans of the 7th, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to health records, so as to provide that any health care provider, health care facility, or health care professional may create, maintain, transmit, receive, and store medical records in an electronic format; to provide conditions; to provide for legal rights and responsibilities; to provide for tangible copies of records; to provide for costs; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

SB 205. By Senators Cagle of the 49th, Pearson of the 51st and Harbison of the 15th:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the O.C.G.A., relating to prohibited acts relative to alcoholic beverages, so as to make it unlawful for a person under 21 years of age to consume an alcoholic beverage; to provide for the suspension of the drivers license of a person under 21 years of age convicted of consuming an alcoholic beverage; to provide for the suspension of drivers licenses for certain conduct relating to furnishing or acting as an agent to purchase alcoholic beverages for a person under 21 years of age; to amend Article 3 of Chapter 5 of Title 40 of the O.C.G.A., relating to the cancellation, suspension, and revocation of drivers licenses; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SB 206. By Senator Williams of the 19th:
A BILL to be entitled an Act to provide for deer management; to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting, so as to change certain provisions relating to legal weapons for hunting wildlife generally; to change certain provisions relating to season and bag limits, promulgation of rules and

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regulations by the board, possession of more than bag limit, and reporting number of deer killed; to change certain provisions relating to hunting deer with dogs; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 207. By Senators Thomas of the 54th and Zamarripa of the 36th:
A BILL to be entitled an Act to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the effectiveness of educational programs, so as to provide that a student who does not achieve a passing score on the high school graduation test may be eligible to graduate under certain conditions; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.
SB 208. By Senators Meyer von Bremen of the 12th, Stephens of the 27th, Thomas of the 54th, Hooks of the 14th and Carter of the 13th:
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 create a state-wide central registry for traumatic brain and spinal cord injuries; to change certain definitions; to require that certain information relating to brain or spinal cord injured persons be reported to the Brain and Spinal Injury Trust Fund Commission; to provide for certain duties of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 209. By Senators Stoner of the 6th, Butler of the 55th, Pearson of the 51st and Hill of the 32nd:
A BILL to be entitled an Act to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to change the time period for issuance of a commission order after a hearing regarding a gas supply plan and adjustment factors filed by a gas utility; to repeal conflicting laws, and for other purposes.
Referred to the Regulated Industries and Utilities Committee.

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SB 210. By Senators Stoner of the 6th, Hill of the 32nd, Shafer of the 48th and Butler of the 55th:
A BILL to be entitled an Act to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to provide for superior court filing of certain commission orders; to provide for venue, judgment, and effect of judgment; to repeal conflicting laws, and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SB 211. By Senators Harp of the 29th, Henson of the 41st, Shafer of the 48th, Hill of the 4th, Bulloch of the 11th and others:
A BILL to be entitled an Act to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to provide for additional pharmaceutical agents which may be used by a doctor of optometry for treatment purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 212. By Senator Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Code Section 44-12-300 of the Official Code of Georgia Annotated, relating to state recognition of American Indian tribes, so as to officially recognize the American Cherokee Confederacy; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 213. By Senators Hamrick of the 30th and Reed of the 35th:
A BILL to be entitled an Act to provide a short title; to state public policy regarding racial profiling by law enforcement officers and agencies; to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers and agencies, so as to provide definitions relative to racial profiling; to prohibit racial and ethnic profiling by law enforcement officers and agencies; to provide procedures for the investigation of allegations of racial and ethnic profiling; to provide for sanctions for violations; 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 provide mandatory training for peace officers on the improper use of

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racial or ethnic profiling in law enforcement; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 214. By Senators Rogers of the 21st, Johnson of the 1st and Stephens of the 27th:
A BILL to be entitled an Act to amend Chapter 1 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections, so as to provide for the composition and number of congressional districts; to provide for election of members of Congress; to provide when such members shall take office; to provide for continuation of present congressional districts until a certain time; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Reapportionment and Redistricting Committee.
SB 215. By Senator Wiles of the 37th:
A BILL to be entitled an Act to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide for legislative findings and purposes; to provide for applicability; to provide definitions; to provide that physical impairment shall be an essential element of an asbestos claim or a silica claim; to provide for a limitations period for filing a claim; to provide for dismissal of pending claims under certain conditions; to provide for general rules applicable to new filings; to provide for forum non conveniens; to provide for venue; to provide for joinder and consolidation of claims; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SR 184. By Senators Zamarripa of the 36th, Tate of the 38th, Fort of the 39th, Thomas of the 2nd and Jones of the 10th:
A RESOLUTION creating the Georgia Capital Punishment Study Commission to study the death penalty; to provide for the powers, duties, and compensation of its members; to urge the suspension of executions until such time as a report from such study commission is submitted to the General Assembly and the General Assembly and the Governor act in response to recommendations from the study commission; and for other purposes.
Referred to the Judiciary Committee.

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The following House legislation was read the first time and referred to committee:
HB 166. By Representatives Channell of the 116th, Keen of the 179th, Fleming of the 117th, Cooper of the 41st, Brown of the 69th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the O.C.G.A., relating to the care and protection of indigent and elderly patients, so as to enact the "'Health Share' Volunteers in Medicine Act"; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for contracts between health care providers and governmental contractors; to provide uncompensated health care services to low-income persons; to provide for notice requirements to patients; to provide for volunteers providing support services; to provide for applicability of benefits; to provide for a report on claim statistics; to provide for an annual report by the Department of Community Health to certain legislative officers; to provide for liability coverage for claims and defense of litigation; to provide for the establishment of rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
HB 178. By Representative Bridges of the 10th:
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 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; to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated; to provide for other matters relative to Title 47 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
HB 196. By Representatives Smith of the 113th, Ehrhart of the 36th, Willard of the 49th, Fleming of the 117th, Parrish of the 156th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to change certain provisions relating to common-sense consumption; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.

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HB 246. By Representatives Graves of the 137th, Stephens of the 164th, Carter of the 159th, Burmeister of the 119th, Parham of the 141st and others:

A BILL to be entitled an Act to amend Code Section 26-4-80 of the Official Code of Georgia Annotated, relating to dispensing prescription drugs, electronically transmitting drug orders, refills, and Schedule II controlled substance prescriptions, so as to change certain provisions relating to the electronic transmission of prescription drug orders; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Health and Human Services Committee.

HB 273. By Representatives Lunsford of the 110th, Richardson of the 19th, Smith of the 129th, Ehrhart of the 36th, Harbin of the 118th and others:

A BILL to be entitled an Act to amend Titles 32 and 40 of the O.C.G.A., relating to highways, bridges, and ferries and motor vehicles and traffic, respectively, so as to authorize the Department of Transportation to implement FlexAuto lanes; to provide that a FlexAuto lane shall be an area designated as a special lane of travel created by converting emergency lane and hard shoulder areas on the left or right side of an interstate highway or other road into a rush hour traffic lane for use by automobiles only during certain hours; to state legislative findings, determinations, and recommendations; to provide for striping, marking, and signage of FlexAuto lanes; to regulate the use of such lanes and provide for criminal punishment of violations; to provide for conditions and limitations; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Transportation Committee.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 95

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

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Mr. President:

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

HB 151 SB 69 SB 142

Do Pass Do Pass Do Pass

SB 146 SB 168

Do Pass Do Pass by substitute

Respectfully submitted, Senator Kemp of the 46th District, Chairman

Mr. President:

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

SB 46

Do Pass by substitute Respectfully submitted, Senator Shafer of the 48th 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 95 SB 130

Do Pass Do Pass by substitute

Respectfully submitted, Senator Meyer von Bremen of the 12th District, Chairman

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

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SB 129 SB 150

Do Pass Do Pass

SB 160 SR 116

Do Pass Do Pass

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

The following legislation was read the second time:

HB 67 HB 191 HB 218

SB 19 SB 41 SB 81

SB 100 SB 109 SB 112

SB 116 SB 140 SB 141

SB 144 SB 155 SR 21

SR 23 SR 82

Senator Hooks of the 14th asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Hooks was excused.

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

Adelman Balfour Brown Bulloch Butler Cagle Carter Chance Chapman Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Heath

Henson Hill,Jack Hill,Judson Hooks Hudgens Johnson Jones Kemp Me V Bremen Miles Moody Mullis Pearson Powell Rogers Schaefer Seabaugh Seay

Shafer,D Smith Staton Stephens Stoner Thomas,D Thomas,R Thompson,C Thompson,S Tolleson Unterman Walker Weber Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Reed

Starr (Excused)

Tate

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

Senators:

Reed

Tate

The President and Senator Jones of the 10th spoke to SR 175, honoring Pastor E. W. Lee, adopted previously.

The members pledged allegiance to the flag.

Senator Jones of the 10th introduced the chaplain of the day, Pastor E. W. Lee of McDonough, Georgia, who offered scripture reading and prayer.

Senator Grant of the 25th introduced the doctor of the day, Dr. Gigi Abdul-Samed.

The following resolutions were read and adopted:

SR 176. By Senator Meyer von Bremen of the 12th:

A RESOLUTION commending and congratulating Deion Branch, Super Bowl XXXIX Most Valuable Player; and for other purposes.

SR 177. By Senator Meyer von Bremen of the 12th:

A RESOLUTION recognizing and commending Corporal Douglas Edwards; and for other purposes.

SR 178. By Senators Hudgens of the 47th, Cagle of the 49th and Unterman of the 45th:

A RESOLUTION recognizing and commending the City of Braselton, Georgia; and for other purposes.

SR 179. By Senator Hill of the 4th:

A RESOLUTION honoring Colonel William "Bill" Hitchens, Jr.; and for other purposes.

SR 180. By Senator Hill of the 4th:

A RESOLUTION commending Trooper First Class David Q. Holland III upon being chosen Peace Officer of the Year for Valor; and for other purposes.

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SR 181. By Senator Hill of the 4th:
A RESOLUTION commending District Attorney Investigator Jimmy Jones upon being chosen Peace Officer of the Year for Valor; and for other purposes.
SR 182. By Senators Moody of the 56th, Tate of the 38th, Carter of the 13th, Douglas of the 17th, Thomas of the 2nd and others:
A RESOLUTION recognizing the 22nd Annual GAE Legislative Conference Day; and for other purposes.
SR 183. By Senators Shafer of the 48th, Hudgens of the 47th and Balfour of the 9th:
A RESOLUTION recognizing and commending Bob Wood; and for other purposes.
SR 185. By Senator Hooks of the 14th:
A RESOLUTION recognizing and commending the Slosheye Trail Big Pig Jig; and for other purposes.
SR 186. By Senator Weber of the 40th:
A RESOLUTION welcoming and commending the Kingsley Charter School Chorus; and for other purposes.

SENATE RULES CALENDAR THURSDAY, FEBRUARY 17, 2005 TWENTIETH LEGISLATIVE DAY

SB 133 HB 84 SB 35

Fireworks; definitions; certain combustible compositions; prohibit sale to 16 year olds; penalty (Substitute)(ECD-9th)
Supplemental appropriations; FY 2004-2005 (Substitute)(APPROP-4th) Richardson-19th
Education; expenditure controls; charter schools; revisions of provisions (Substitute)(ED&Y-56th)

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SB 80

Sheriffs; qualifying; nonpartisan election (Substitute)(SLGO(G)-19th)

Respectfully submitted,

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

Senator Kemp of the 46th asked unanimous consent that Senator Cagle of the 49th be excused. The consent was granted, and Senator Cagle was excused.

Senator Staton of the 18th asked unanimous consent that Senator Douglas of the 17th be excused. The consent was granted, and Senator Douglas was excused.

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

SB 133. By Senators Balfour of the 9th, Johnson of the 1st and Mullis of the 53rd:

A BILL to be entitled an Act to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fireworks, so as to change the definition of the term "fireworks"; to prohibit the sale of certain combustible or explosive compositions to persons under 16 years of age; to provide for a monetary penalty for sales made in violation of such prohibition; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate Economic Development Committee offered the following substitute to SB 133:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fireworks, so as to change the definition of the term "fireworks"; to prohibit the sale of certain combustible or explosive compositions to persons under 18 years of age; to provide for certain limitations on such sales; to provide for a monetary penalty for sales made in violation of such prohibition; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fireworks, is amended by striking Code Section 25-10-1, relating to definition of "fireworks," and inserting in lieu thereof a new Code Section 25-10-1 to

THURSDAY, FEBRUARY 17, 2005

483

read as follows: 25-10-1. As used in this chapter, the term: (1) 'Fireworks' means any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, including blank cartridges, balloons requiring fire underneath to propel them, firecrackers, torpedos, skyrockets, Roman candles, bombs, sparklers, and other combustibles and explosives of like construction, as well as articles containing any explosive or flammable compound and tablets and other devices containing an explosive substance. The term 'fireworks' shall not include model rockets and model rocket engines, designed, sold, and used for the purpose of propelling recoverable aero models,; wire or wood sparklers of not more than 100 grams of mixture per item; other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical compound per tube or a total of 200 grams or less for multiple tubes; snake and glow worms; trick noise makers which include paper streamers, party poppers, string poppers, snappers, and drop pops each consisting of 0.25 grains or less of explosive mixture; toy pistol paper caps in which the explosive content does not average more than 0.25 grains of explosive mixture per paper cap; nor toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps; nor shall the term 'fireworks' include ammunition consumed by weapons used for sporting and hunting purposes. (2) 'Proximate audience' means an audience closer to pyrotechnic devices than permitted by the National Fire Protection Association Standard 1123, Code for Fireworks Display, as adopted by the Safety Fire Commissioner. (3) 'Pyrotechnics' means fireworks.
SECTION 2. Said chapter is further amended by striking Code Section 25-10-2, relating to prohibited acts with respect to fireworks, and inserting in lieu thereof a new Code Section 25-10-2 to read as follows:
25-10-2. (a) It shall be unlawful for any person, firm, corporation, association, or partnership to offer for sale at retail or wholesale, to use or explode or cause to be exploded, or to possess, manufacture, transport, or store any fireworks, except as otherwise provided in this chapter.
(b)(1) Notwithstanding any provision of this chapter to the contrary, it shall be unlawful for any person, firm, corporation, association, or partnership to sell to any person under 18 years of age any wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical compound per tube or a total of 200 grams or less for multiple tubes, snake and glow worms, or trick noise makers which include paper streamers, party poppers, string poppers, snappers, and drop pops each consisting of 0.25 grains or less of explosive mixture.

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JOURNAL OF THE SENATE

(2) It shall be unlawful to sell any wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical compound per tube or a total of 200 grams or less for multiple tubes, snake and glow worms, or trick noise makers which include paper streamers, party poppers, string poppers, snappers, and drop pops each consisting of 0.25 grains or less of explosive mixture to any person by any means other than an in-person, face-to-face sale. Such person shall provide identification containing a photograph of such person to the seller at the time of such purchase. (3) It shall be unlawful to use any wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical compound per tube or a total of 200 grams or less for multiple tubes, snake and glow worms, or trick noise makers which include paper streamers, party poppers, string poppers, snappers, and drop pops each consisting of 0.25 grains or less of explosive mixture indoors.

SECTION 3. Said chapter is further amended by adding a new Code Section 25-10-9 to read as follows:
25-10-9. Notwithstanding any provision of this chapter to the contrary, any person, firm, corporation, association, or partnership who or which knowingly violates subsection (b) of Code Section 25-10-2 may be punished by a fine not to exceed $100.00. Each sales transaction in violation of subsection (b) of Code Section 25-10-2 shall be a separate offense.

SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

On the adoption of the substitute, the yeas were 39, nays 0, and the committee substitute was adopted.

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

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

Y Adelman Y Balfour Y Brown

Y Hill,Jack Y Hill,Judson Y Hooks

Y Smith E Starr Y Staton

THURSDAY, FEBRUARY 17, 2005

485

Y Bulloch Y Butler E Cagle Y Carter Y Chance Y Chapman N Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer
Seabaugh N Seay Y Shafer,D

Y Stephens N Stoner Y Tate
Thomas,D Y Thomas,R
Thompson,C N Thompson,S N Tolleson Y Unterman
Walker Y Weber N Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 41, nays 9.

SB 133, having received the requisite constitutional majority, was passed by substitute.

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

Mr. President:

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

HB 20.

By Representatives Hill of the 21st, Scheid of the 22nd, Byrd of the 20th and Lindsey of the 54th:

A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of motor vehicles generally, so as to repeal and reenact certain provisions regarding window tint restrictions; to provide for definitions; to regulate the application or affixing of light transmission reducing material or glazing; to provide for criminal penalties; to provide for powers, duties, and authority of the Department of Motor Vehicle Safety; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

246

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JOURNAL OF THE SENATE

At 11:40 a.m. the President announced that the Senate would stand in recess until 1:00 p.m. today.
At 1:00 p.m. the President called the Senate to order.
Senator Fort of the 39th asked unanimous consent that Senator Tate of the 38th be excused. The consent was granted, and Senator Tate was excused.
The Calendar was resumed.
HB 84. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th and Keen of the 179th:
A BILL to be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 2004-2005, known as the "General Appropriations Act," approved May 17, 2004 (Ga. L. 2004, p. 994.) and for other purposes.
Senate Sponsor: Senator Hill of the 4th.

The Senate Appropriations Committee offered the following Substitute to H.B. 84:
A BILL TO BE ENTITLED AN ACT
To amend an Act providing appropriations for the State Fiscal Year 2004-2005 known as the "General Appropriations Act," approved June 4, 2004 (Ga. L. 2004, p. 710), so as to change certain appropriations for the State Fiscal Year 2004-2005; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1. An Act providing appropriations for the State Fiscal Year 2004-2005, as amended, known as the "General Appropriations Act," approved June 4, 2004 (Ga. L. 2004, p. 710), is further amended by striking everything following the enacting clause through Section 68, and by substituting in lieu thereof the following: "That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2004, and ending June 30, 2005, as prescribed hereinafter for such fiscal year:

Total Funds Non State Funds

$30,727,624,877 $14,160,087,338

THURSDAY, FEBRUARY 17, 2005

487

Federal Funds Not Specifically Identified Other Non-State Funds State Funds Lottery Funds Tobacco Funds Motor Fuel Funds Other State Funds State General Funds Intra-State Agency Funds Indirect DOAS Funds

$8,029,231,725 $6,130,855,613 $16,567,537,539
$776,892,107 $156,370,000 $754,482,153 $155,846,447 $14,723,946,832
$15,498,100 $15,498,100

Section 1: Georgia Senate Total Funds Non State Funds State Funds
State General Funds Intra-State Agency Funds

$9,006,298 $0
$9,006,298 $9,006,298
$0

LIEUTENANT GOVERNOR'S OFFICE Per the Constitution of the State of Georgia, Article V, Section I, Paragraph III, the Lieutenant Governor shall be the President of the Senate.

Total Funds State Funds
State General Funds

$870,398 $870,398 $870,398

SECRETARY OF THE SENATE'S OFFICE Per O.C.G.A. 28-1-3, the purpose of this program is to organize the state Senate.

Total Funds

$1,573,742

State Funds

$1,573,742

State General Funds

$1,573,742

SENATE Per the Constitution of the State of Georgia, Article III, Section VI, the state Senate shall have the power to make all laws.

Total Funds

$5,992,559

State Funds

$5,992,559

State General Funds

$5,992,559

SENATE BUDGET OFFICE The purpose of this program is to provide budget development and evaluation expertise to the State Senate.

Total Funds

$569,599

247

488

JOURNAL OF THE SENATE

State Funds State General Funds

$569,599 $569,599

Section 2: Georgia House of Representatives Total Funds Non State Funds State Funds
State General Funds Intra-State Agency Funds
CLERK OF THE HOUSE'S OFFICE Total Funds State Funds State General Funds

$15,038,354 $0
$15,038,354 $15,038,354
$0
$0 $0 $0

HOUSE OF REPRESENTATIVES Per the Constitution of the State of Georgia, Article III, Section VI, the state House of Representatives shall have the power to make all laws.

Total Funds State Funds

$15,038,354 $15,038,354

State General Funds

$15,038,354

SPEAKER OF THE HOUSE'S OFFICE

Total Funds

$0

State Funds

$0

State General Funds

$0

Section 3: Georgia General Assembly Joint Offices Total Funds Non State Funds State Funds
State General Funds Intra-State Agency Funds

$8,459,706 $0
$8,459,706 $8,459,706
$0

ANCILLARY ACTIVITIES Per O.C.G.A. 28-4-2, the purpose of this program is to provide services for the legislative branch of government.

Total Funds State Funds
State General Funds

$2,763,196 $2,763,196 $2,763,196

THURSDAY, FEBRUARY 17, 2005

489

BUDGETARY RESPONSIBILITY OVERSIGHT COMMITTEE Total Funds State Funds State General Funds

$180,115 $180,115 $180,115

LEGISLATIVE BUDGET OFFICE Total Funds State Funds State General Funds

$690,166 $690,166 $690,166

LEGISLATIVE FISCAL OFFICE Per O.C.G.A. 28-4-6, the purpose of this program is to act as the bookkeepercomptroller for the legislative branch of government and shall maintain an account of legislative expenditures and commitments.

Total Funds

$2,246,193

State Funds

$2,246,193

State General Funds

$2,246,193

OFFICE OF LEGISLATIVE COUNSEL Per O.C.G.A. 28-4-3, the purpose of this program is to provide bill-drafting services, advise and counsel members of the General Assembly.

Total Funds

$2,580,036

State Funds

$2,580,036

State General Funds

$2,580,036

Section 4: Audits and Accounts, Department of Total Funds Non State Funds State Funds
State General Funds Intra-State Agency Funds

$28,193,466 $0
$28,193,466 $28,193,466
$0

DEPARTMENTAL ADMINSTRATION Per O.C.G.A. 50-6-1, the purpose of this program is to provide administrative support to all departmental programs.

Total Funds Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$28,193,466 $0
$28,193,466 $28,193,466
$0

248

490

JOURNAL OF THE SENATE

Section 5: Judicial Branch Total Funds Non State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$168,285,147 $3,057,046 $3,057,046
$165,228,101 $165,228,101
$0

COUNCIL OF JUVENILE COURT JUDGES Per O.C.G.A. 15-11-19, the purpose of this program is to establish general policies for the conduct of courts exercising jurisdiction over children and may promulgate uniform rules and forms governing procedures and practices of the courts.

Total Funds Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$1,410,096 $0
$1,410,096 $1,410,096
$0

COURT OF APPEALS Per the Constitution of the State of Georgia, Article VI, Section V, Paragraph III, the purpose of this program is to the court of review and shall exercise appellate and certiorari jurisdiction in all cases not reserved to the Supreme Court or conferred on other courts by law.

Total Funds

$11,889,673

Non-State Funds

$90,000

Other Non-State Funds

$90,000

State Funds

$11,799,673

State General Funds Intra-State Agency Funds

$11,799,673 $0

GEORGIA OFFICE OF DISPUTE RESOLUTION Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$355,628 $0
$355,628 $355,628
$0

INSTITUTE OF CONTINUING JUDICIAL EDUCATION Total Funds Non-State Funds State Funds

$1,126,382 $0
$1,126,382

THURSDAY, FEBRUARY 17, 2005

491

State General Funds Intra-State Agency Funds

$1,126,382 $0

JUDICIAL COUNCIL Per O.C.G.A. 15-5-24, the purpose of this program is to consult with and assist judges, administrators, clerks of court, and other officers and employees of the court pertaining to matters relating to court administration.

Total Funds

$16,356,425

Non-State Funds

$0

State Funds

$16,356,425

State General Funds

$16,356,425

Intra-State Agency Funds

$0

JUDICIAL QUALIFICATIONS COMMISSION Per Paragraph VI, Section VII, of Article VI of the Constitution of the State of Georgia, the purpose of this program is to discipline, remove, and cause involuntary retirement of judges.

Total Funds

$253,951

Non-State Funds

$0

State Funds

$253,951

State General Funds Intra-State Agency Funds

$253,951 $0

PAYMENTS TO COUNCIL OF SUPERIOR COURT CLERKS Per O.C.G.A. 15-6-50.2(b), the purpose of this program is to effectuate the

constitutional and statutory responsibilities conferred upon it by law, to further the

improvement of the superior courts and the administration of justice, to assist the

superior court clerks throughout the state in the execution of their duties, and to

promote and assist in the training of superior court clerks.

Total Funds

$144,925

Non-State Funds

$0

State Funds

$144,925

State General Funds

$144,925

Intra-State Agency Funds

$0

PUBLIC DEFENDER STANDARDS COUNCIL Per O.C.G.A. 17-12-1, the purpose of this program is to assure that adequate and effective legal representation is provided, independently of political considerations or private interests, to indigent persons who are entitled to representation under this chapter.

Total Funds

$31,008,043

249

492

JOURNAL OF THE SENATE

Non-State Funds Other Non-State Funds
State Funds State General Funds
Intra-State Agency Funds

$1,200,000 $1,200,000 $29,808,043 $29,808,043
$0

SUPERIOR COURT - DISTRICT ATTORNEYS Total Funds Non-State Funds Other Non-State Funds State Funds State General Funds Intra-State Agency Funds
SUPERIOR COURT - JUDGES Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$47,781,447 $1,767,046 $1,767,046 $46,014,401 $46,014,401
$0
$50,431,872 $0
$50,431,872 $50,431,872
$0

SUPREME COURT OF GEORGIA Per Paragraph II, Section VI, Article VI of the Constitution of the State of Georgia, the purpose of this program is to be a court of review and exercise exclusive appellate jurisdiction in the following cases: (1) All cases involving the construction of a treaty or of the Constitution of the State of Georgia or of the United States and all cases in which the constitutionality of a law, ordinance, or constitutional provision has been drawn in question; and (2) All cases of election contest.

Total Funds Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$7,526,705 $0
$7,526,705 $7,526,705
$0

Section 6: Administrative Services, Department of Total Funds Non State Funds
Other Non-State Funds State Funds
State General Funds

$187,015,020 $150,714,211 $150,714,211 $36,300,809 $36,300,809

THURSDAY, FEBRUARY 17, 2005

493

Intra-State Agency Funds

$0

ADMINISTRATIVE HEARINGS, OFFICE OF STATE Per O.C.G.A. 50-13-40, the purpose of this program is to provide an impartial, independent forum for resolving disputes between the public and state agencies.

Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$4,299,014 $601,308 $601,308
$3,697,706 $3,697,706
$0

BULK PAPER SALES Per O.C.G.A. 50-5-51, the purpose of this program is to reduce cost through aggregation of demand for paper in bulk quantities.

Total Funds

$2,682,946

Non-State Funds

$2,155,511

Other Non-State Funds

$2,155,511

State Funds

$527,435

State General Funds

$527,435

Intra-State Agency Funds

$0

DEPARTMENTAL ADMINISTRATION Per O.C.G.A. 50-5-1, the purpose of this program is to provide administrative support to all department programs.

Total Funds

$5,741,741

Non-State Funds

$2,574,058

Other Non-State Funds

$2,574,058

State Funds

$3,167,683

State General Funds

$3,167,683

Intra-State Agency Funds

$0

FISCAL SERVICES Per O.C.G.A. 50-13-40, the purpose of this program is to provide administrative functions, services, and equipment necessary for the fulfillment of the responsibilities of the superior courts, to provide pass-thru to appropriate authorities, and to act as administrative managers of attached agencies.

Total Funds Non-State Funds
Other Non-State Funds State Funds

$524,361 $270,944 $270,944 $253,417

250

494

JOURNAL OF THE SENATE

State General Funds Intra-State Agency Funds

$253,417 $0

FLEET MANAGEMENT Per O.C.G.A. 50-19-1, the purpose of this program is to reduce cost through centralized, appropriate, and cost-effective management of the state's motor vehicle fleet.

Total Funds

$2,198,220

Non-State Funds

$1,787,107

Other Non-State Funds

$1,787,107

State Funds

$411,113

State General Funds

$411,113

Intra-State Agency Funds

$0

MAIL AND COURIER Per O.C.G.A. 50-5-51, the purpose of this program is to reduce cost through aggregation of demand for Capitol Hill and metro area mail and package delivery services.

Total Funds

$983,555

Non-State Funds

$983,555

Other Non-State Funds

$983,555

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

PAYMENTS TO GEORGIA BUILDING AUTHORITY Per O.C.G.A. 50-9-1, the purpose of this program is to purchase, erect, and maintain buildings and other facilities to house agents and officials of the state government.

Total Funds

$612,556

Non-State Funds

$0

State Funds State General Funds

$612,556 $612,556

Intra-State Agency Funds

$0

PAYMENTS TO GEORGIA TECHNOLOGY AUTHORITY Per O.C.G.A. 50-25-1, the purpose of this program is to provide for procurement of technology resources, technology enterprise management, and technology portfolio management as defined in this chapter, as well as the centralized marketing, provision, sale, and leasing, or execution of license agreements for access online or in volume, of certain public information maintained in electronic

THURSDAY, FEBRUARY 17, 2005

495

format to the public.

Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$18,714,112 $0 $0
$18,714,112 $18,714,112
$0

PROPERTIES COMMISSION, STATE Per O.C.G.A. 50-16-32, the purpose of this program is to assure the taxpayers of Georgia that acquisitions and dispositions of state property are carried out in an equitable, legal, ethical, and efficient manner.

Total Funds

$554,541

Non-State Funds

$0

State Funds

$554,541

State General Funds

$554,541

Intra-State Agency Funds

$0

RISK MANAGEMENT Per O.C.G.A. 50-21-20, the purpose of this program is cost minimization and fair treatment of citizens through effective claims management and appropriate disposition of personal injury claims against the state or its employees.

Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$137,548,209 $137,548,209 $137,548,209
$0 $0 $0

SERVICE CONTRACT MANAGEMENT Per O.C.G.A. 50-5-5, the purpose of this program is to provide customer cost avoidance for service contracts through aggregation of demand, competitive procurement, and contract management.

Total Funds

$134,316

Non-State Funds

$134,316

Other Non-State Funds State Funds

$134,316 $0

State General Funds

$0

Intra-State Agency Funds

$0

251

496

JOURNAL OF THE SENATE

SMALL AND MINORITY BUSINESS DEVELOPMENT Per O.C.G.A. 50-5-120, the purpose of this program is guidance and support to agencies in maximizing access to state business opportunities for small and minority businesses.

Total Funds

$907,453

Non-State Funds

$20,244

Other Non-State Funds

$20,244

State Funds

$887,209

State General Funds

$887,209

Intra-State Agency Funds

$0

SPACE MANAGEMENT Per O.C.G.A. 50-5-30, the purpose of this program is to help state government meet its current need for office space and plan for future needs as business goals and operations change. Space Management assists state government in defining space requirements, locating appropriate space, and negotiating leases at reasonable prices.

Total Funds Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$371,055 $0
$371,055 $371,055
$0

STATE PURCHASING Per O.C.G.A. 50-5-67, the purpose of this program is to reduce cost and provide fair and equitable access through open, structured competitive procurement.

Total Funds

$6,856,399

Non-State Funds

$153,060

Other Non-State Funds

$153,060

State Funds

$6,703,339

State General Funds

$6,703,339

Intra-State Agency Funds

$0

SURPLUS PROPERTY Per O.C.G.A. 50-5-140, the purpose of this program is to reduce cost through maximization of the useful life of state-owned equipment.

Total Funds Non-State Funds

$2,017,271 $2,017,271

Other Non-State Funds

$2,017,271

State Funds

$0

THURSDAY, FEBRUARY 17, 2005

497

State General Funds

$0

Intra-State Agency Funds

$0

TREASURY AND FISCAL SERVICES, OFFICE OF Per O.C.G.A. 50-5A-7, the purpose of this program is to receive and keep safely all monies which shall from time to time be paid to the treasury of this state, and to pay all warrants legally drawn on the treasury.

Total Funds

$2,706,612

Non-State Funds

$2,376,779

Other Non-State Funds

$2,376,779

State Funds

$329,833

State General Funds

$329,833

Intra-State Agency Funds

$0

U.S. POST OFFICE Per O.C.G.A. 50-5-51, the purpose of this program is to provide convenient and cost-effective postal services to agencies and individuals.

Total Funds

$162,659

Non-State Funds

$91,849

Other Non-State Funds

$91,849

State Funds

$70,810

State General Funds

$70,810

Intra-State Agency Funds

$0

Notwithstanding any provision of the law to the contrary, in managing any of the self-

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 7: Agriculture, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds State General Funds Intra-State Agency Funds

$48,485,924 $8,684,419 $7,027,377 $1,657,042 $39,801,505 $39,801,505
$0

CONSUMER PROTECTION Per O.C.G.A. 26-2, the purpose of this program is to prevent, control and eradicate

252

498

JOURNAL OF THE SENATE

certain infectious and communicable diseases of livestock.
Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$33,856,636 $7,561,782
$591,257 $6,970,525 $26,294,854 $26,294,854
$0

DEPARTMENTAL ADMINISTRATION Per O.C.G.A. 2-2-1, the purpose of this program is to provide administrative support for all programs of the department.

Total Funds

$6,002,240

Non-State Funds

$249,456

Other Non-State Funds

$211,680

Federal Funds Not Specifically Identified

$37,776

State Funds

$5,752,784

State General Funds

$5,752,784

Intra-State Agency Funds

$0

MARKETING AND PROMOTION Per O.C.G.A. 2-10-50, the purpose of this program is to expand sales of Georgia's commodities from growers by promoting them domestically and internationally.

Total Funds

$8,627,048

Non-State Funds

$873,181

Other Non-State Funds

$854,105

Federal Funds Not Specifically Identified

$19,076

State Funds

$7,753,867

State General Funds

$7,753,867

Intra-State Agency Funds

$0

The Office of Planning and Budget is hereby authorized to transfer funds to the appropriate departmental programs in amounts equal to the departmental remittances to the Office of Treasury and Fiscal Services from agency fund collections.

Section 8: Banking and Finance, Department of Total Funds Non State Funds State Funds
State General Funds

$10,187,213 $0
$10,187,213 $10,187,213

THURSDAY, FEBRUARY 17, 2005

499

Intra-State Agency Funds

$0

CHARTERING, LICENSING AND APPLICATIONS/NON-MORTGAGE ENTITIES Per O.C.G.A. 7-1-3, the purpose of this program is to provide efficient and flexible application, registration and notification procedures for financial institutions that are in compliance with applicable laws, regulations and department policies.

Total Funds Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$310,441 $0
$310,441 $310,441
$0

CONSUMER PROTECTION AND ASSISTANCE Per O.C.G.A. 7-1-3 and the Georgia Fair Lending Act, the purpose of this program is to assist consumers with problems encountered when dealing with department regulated entities.

Total Funds

$384,393

Non-State Funds

$0

State Funds State General Funds

$384,393 $384,393

Intra-State Agency Funds

$0

DEPARTMENTAL ADMINISTRATION Per O.C.G.A. 7-1-30, the purpose of this program is to provide administrative support to all department programs.

Total Funds

$1,678,112

Non-State Funds

$0

State Funds

$1,678,112

State General Funds

$1,678,112

Intra-State Agency Funds

$0

FINANCIAL INSTITUTION SUPERVISION Per O.C.G.A. 7-1-60, the purpose of this program is to provide for safe and sound operation of Georgia state-chartered financial institutions, and to protect the interests of the depositors, creditors and shareholders of those institutions.

Total Funds

$6,073,755

Non-State Funds

$0

State Funds

$6,073,755

State General Funds

$6,073,755

Intra-State Agency Funds

$0

253

500

JOURNAL OF THE SENATE

MORTGAGE SUPERVISION Per O.C.G.A. 7-1-1014, the purpose of this program is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices and enforce applicable laws and regulations.

Total Funds

$1,740,512

Non-State Funds

$0

State Funds

$1,740,512

State General Funds

$1,740,512

Intra-State Agency Funds

$0

Section 9: Community Affairs, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds Tobacco Funds State General Funds Intra-State Agency Funds

$221,356,798 $145,605,440 $119,642,501 $25,962,939 $75,751,358 $47,123,333 $28,628,025
$0

BUILDING CONSTRUCTION Per O.C.G.A. 8-2-20, the purpose of this program is to establish minimum building construction standards for all new structures built in the state.

Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$446,404 $171,722 $171,722 $274,682 $274,682
$0

COORDINATED PLANNING Per O.C.G.A. 50-8-1, the purpose of this program is to give communities the information, assistance, tools and funding needed to successfully implement planning and quality growth solutions to enhance the quality of life.

Total Funds

$3,575,243

Non-State Funds

$0

State Funds

$3,575,243

State General Funds

$3,575,243

Intra-State Agency Funds

$0

DATA AND RESEARCH

THURSDAY, FEBRUARY 17, 2005

501

Per O.C.G.A. 36-81-8, O.C.G.A. 48-13-56, O.C.G.A. 36-82-10, O.C.G.A. 3688-9, O.C.G.A. 28-5-49, and O.C.G.A. 36-81-3, the purpose of this program is to conduct surveys and collect financial/management data from local governments and authorities as directed by statute.

Total Funds Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$633,706 $0
$633,706 $633,706
$0

DCA PASS-THRU Per O.C.G.A. 50-8-8(a), the department shall make grants or loans to eligible

recipients or qualified local governments, which grants or loans are specified by

amount, recipient, and purpose in an appropriation to the department.

$5,000 to the City of Milledgeville for operating expenses for Silver Haired

Legislature.

$25,000 to the City of Columbus for the Civil War Naval Museum.

Total Funds

$442,902

Non-State Funds

$0

State Funds

$442,902

State General Funds

$442,902

Intra-State Agency Funds

$0

DEPARTMENTAL ADMINISTRATION Total Funds Non-State Funds Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$4,142,175 $2,498,773 $2,476,773
$22,000 $1,643,402 $1,643,402
$0

ENVIRONMENTAL EDUCATION AND ASSISTANCE Per O.C.G.A. 50-8-7, the purpose of this program is to provide technical assistance, resource tools, and public education outreach resources.

Total Funds

$708,399

Non-State Funds

$0

State Funds

$708,399

State General Funds

$708,399

Intra-State Agency Funds

$0

254

502

JOURNAL OF THE SENATE

FEDERAL COMMUNITY AND ECONOMIC DEVELOPMENT PROGRAMS Per O.C.G.A. 50-8-2, the purpose of this program is to administer incentive programs as well as provide technical assistance in the area of economic development to local governments, development authorities, and private for-profit entities.

Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$38,201,865 $36,985,354
$0 $36,985,354
$1,216,511 $1,216,511
$0

HOMEOWNERSHIP PROGRAMS Per O.C.G.A. 50-8-8, the purpose of this program is to expand the supply of standard affordable housing through rehabilitation, construction or down payment assistance.

Total Funds

$4,014,155

Non-State Funds

$4,014,155

Other Non-State Funds

$4,014,155

Federal Funds Not Specifically Identified

$0

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

PAYMENTS TO GEORGIA ENVIRONMENTAL FACILITIES AUTHORITY

Total Funds

$4,065,439

Non-State Funds

$3,790,439

Other Non-State Funds

$1,963,752

Federal Funds Not Specifically Identified

$1,826,687

State Funds

$275,000

State General Funds

$275,000

Intra-State Agency Funds

$0

PAYMENTS TO GEORGIA MUSIC HALL OF FAME AUTHORITY Per O.C.G.A. 12-3-522 the purpose of this program is to preserve Georgia's rich musical heritage.

Total Funds

$1,229,057

Non-State Funds

$428,622

THURSDAY, FEBRUARY 17, 2005

503

Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$428,622 $800,435 $800,435
$0

PAYMENTS TO GEORGIA REGIONAL TRANSPORTATION AUTHORITY

Total Funds

$40,844,110

Non-State Funds

$36,509,425

Other Non-State Funds

$12,259,659

Federal Funds Not Specifically Identified

$24,249,766

State Funds

$4,334,685

State General Funds

$4,334,685

Intra-State Agency Funds

$0

PAYMENTS TO GEORGIA SPORTS HALL OF FAME AUTHORITY Per O.C.G.A. 12-3-562, the purpose of this program is to preserve and interpret the history of sports in Georgia.

Total Funds

$933,920

Non-State Funds

$217,187

Other Non-State Funds

$217,187

State Funds

$716,733

State General Funds

$716,733

Intra-State Agency Funds

$0

PAYMENTS TO ONEGEORGIA AUTHORITY Per O.C.G.A 50-34-6, the purpose of this program is to promote the development and / or retention of jobs in rural and distressed areas of Georgia.

Total Funds

$47,385,364

Non-State Funds

$262,031

Other Non-State Funds

$262,031

State Funds

$47,123,333

Tobacco Funds

$47,123,333

State General Funds

$0

Intra-State Agency Funds

$0

REGIONAL SERVICES Per O.C.G.A. 50-8-32, the purpose of this program is to assist in the marketing, development, and implementation of housing, community and economic development projects and services.

255

504

JOURNAL OF THE SENATE

Total Funds Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$1,538,482 $0
$1,538,482 $1,538,482
$0

RENTAL HOUSING PROGRAMS Per O.C.G.A. 50-26-2, the purpose of this program is to allocate federal and state housing credits on a competitive and non-competitive basis and HOME funds on a competitive basis.

Total Funds

$62,665,992

Non-State Funds

$59,543,386

Other Non-State Funds

$2,996,579

Federal Funds Not Specifically Identified

$56,546,807

State Funds State General Funds

$3,122,606 $3,122,606

Intra-State Agency Funds

$0

SPECIAL HOUSING INITIATIVES Per O.C.G.A. 50-26-2, the purpose of this program is to provide affordable housing that builds strong communities for Georgians.

Total Funds

$3,951,209

Non-State Funds

$1,172,459

Other Non-State Funds

$1,172,459

Federal Funds Not Specifically Identified

$0

State Funds

$2,778,750

State General Funds

$2,778,750

Intra-State Agency Funds

$0

STATE COMMUNITY DEVELOPMENT PROGRAMS Per O.C.G.A. 50-8-190, the purpose of this program is to assist Georgia cities,

small towns and neighborhoods in the development of their core commercial areas.

Total Funds

$1,167,790

Non-State Funds

$0

State Funds

$1,167,790

State General Funds

$1,167,790

Intra-State Agency Funds

$0

STATE ECONOMIC DEVELOPMENT PROGRAM Per O.C.G.A. 50-8-190, the purpose of this program is to facilitate and stimulate

THURSDAY, FEBRUARY 17, 2005

505

economic activity, private investment, and job creation by various means including making loans and grants.

Total Funds

$5,410,586

Non-State Funds

$11,887

Federal Funds Not Specifically Identified

$11,887

State Funds

$5,398,699

State General Funds

$5,398,699

Intra-State Agency Funds

$0

Section 10: Community Health, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds Tobacco Funds State General Funds Intra-State Agency Funds

$9,117,504,946 $6,973,195,035 $4,268,788,122 $2,704,406,913 $2,144,309,911
$58,087,386 $2,086,222,525
$0

DEPARTMENTAL ADMINISTRATION Per O.C.G.A. 31-1-1 and Title XIX of the Social Security Act, the purpose of this program is to provide administrative support to all departmental programs.

Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$21,708,670 $12,380,148 $1,007,851 $11,372,297 $9,328,522
$9,328,522 $0

HEALTH CARE ACCESS AND IMPROVEMENT Per O.C.G.A. 33-20B-1 through 33-20B-6 and Rural Health program created by Governor's Executive Order. Federal: 42 USC 254b, the purpose of this program is to improve the health, wellness and access to healthcare for Georgians.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Agency Funds

$3,759,666 $643,890 $643,890
$3,115,776 $3,115,776
$0

256

506

JOURNAL OF THE SENATE

HEALTH CARE REGULATION AND LICENSING Per O.C.G.A. 31-6-1, the purpose of this program is to ensure that adequate healthcare services and facilities are developed in an orderly and economical manner.

Total Funds

$3,797,281

Non-State Funds

$316,696

Other Non-State Funds

$100,000

Federal Funds Not Specifically Identified

$216,696

State Funds

$3,480,585

State General Funds

$3,480,585

Intra-State Agency Funds

$0

INDIGENT CARE TRUST FUND Per O.C.G.A. 31-8-152 and Title XIX of the federal Social Security Act, the purpose of this program is to expand Medicaid eligibility and services; support rural and other healthcare providers, primarily hospitals, that serve the medically indigent; and fund primary health care programs for medically indigent Georgians.

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.

Total Funds

$640,876,266

Non-State Funds

$531,018,841

Other Non-State Funds

$148,828,880

Federal Funds Not Specifically Identified

$382,189,961

State Funds

$109,857,425

State General Funds

$109,857,425

Intra-State Agency Funds

$0

MEDICAID Per O.C.G.A. 49-4-140 and Title XIX of the federal Social Security Act, the purpose of this program is to provide healthcare access primarily to low-income and diasabled individuals.

Total Funds

$6,070,224,020

Non-State Funds Other Non-State Funds

$4,204,855,794 $537,480,875

Federal Funds Not Specifically Identified

$3,667,374,919

State Funds

$1,865,368,226

Tobacco Funds

$53,116,681

THURSDAY, FEBRUARY 17, 2005

507

State General Funds Intra-State Agency Funds

$1,812,251,545 $0

MEDICAL EDUCATION BOARD, STATE Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$1,308,374 $0
$1,308,374 $1,308,374
$0

PEACHCARE Per O.C.G.A. 49-5-273 and Title XXI of the Social Security Act, the purpose of this program is to offer comprehensive health care for uninsured children living in Georgia.

Total Funds

$286,720,420

Non-State Funds

$206,990,359

Federal Funds Not Specifically Identified

$206,990,359

State Funds

$79,730,061

Tobacco Funds

$4,970,705

State General Funds

$74,759,356

Intra-State Agency Funds

$0

PHYSICIAN WORKFORCE, GEORGIA BOARD OF Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$38,164,234 $0
$38,164,234 $38,164,234
$0

STATE HEALTH BENEFIT PLAN Per O.C.G.A. 45-18-2 the purpose of this program is to provide a healthcare benefit that is competitive with other commercial benefit plans in quality of care, access to providers and efficient management of provider fees. 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%.

Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds

$2,050,946,015 $2,016,989,307 $2,016,989,307
$33,956,708 $33,956,708

257

508

JOURNAL OF THE SENATE

Intra-State Agency Funds

$0

Section 11: Corrections, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds State General Funds Intra-State Agency Funds Indirect DOAS Funds

$916,917,384 $24,718,144 $3,461,794 $21,256,350 $891,749,240 $891,749,240
$450,000 $450,000

BAINBRIDGE PROBATION SUBSTANCE ABUSE TREATMENT Per O.C.G.A. 9-14-40 and 1st, 6th, 8th and 14th Amendments to the U.S. Constitution, the purpose of this program is to reduce recidivism by changing criminal thinking and reducing criminal behavior, while providing constitutionally mandated and legally required access.

Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$3,231,577 $27,789 $7,046 $20,743
$3,203,788 $3,203,788
$0

DEPARTMENTAL ADMINISTRATION Total Funds Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds Indirect DOAS Funding

$52,504,120 $1,836,000 $1,836,000 $50,218,120 $50,218,120
$450,000 $450,000

FOOD AND FARM OPERATIONS Per O.C.G.A. 42-1 and Corrections Rules, Section 125, Chapters 1-4, the purpose of this program is to raise crops and livestock, and produce dairy items used in preparing meals for offenders.

Total Funds

$13,444,942

Non-State Funds

$231,725

THURSDAY, FEBRUARY 17, 2005

509

Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$194,725 $37,000 $13,213,217 $13,213,217
$0

HEALTH Per O.C.G.A. 42-2-11 and 8th Amendment to the Constitution, the purpose of this program is to provide the required constitutional level of health care to the inmates of the correctional system in the most cost effective and humane manner possible.

Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$148,419,005 $8,464,209 $8,464,209
$139,954,796 $139,954,796
$0

OFFENDER MANAGEMENT Per O.C.G.A. 42-1-1 through 42-1-13, Board of Corrections Rules, Section 125, Chapter 1-4, the purpose of this program is to provide cost effective correctional services that ensure public safety.

Total Funds Non-State Funds

$55,803,694 $0

State Funds

$55,803,694

State General Funds

$55,803,694

Intra-State Agency Funds

$0

PAROLE REVOCATION CENTERS Per O.C.G.A. 42-5-57 and 1st Amendment of the US Constitution 14th Amendment of the US Constitution, the purpose of this program is to ensure First Amendment religious rights by providing pastoral services to offenders and staff.

Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$3,894,640 $59,648 $49,138 $10,510
$3,834,992 $3,834,992
$0

PRIVATE PRISONS

258

510

JOURNAL OF THE SENATE

Per O.C.G.A. 42-1-1 through 42-13-2 and Board of Corrections Rules, Section 125, Chapters 1-4, the purpose of this program is to provide cost effective correctional services that ensure public safety.

Total Funds Non-State Funds

$71,470,468 $0

State Funds

$71,470,468

State General Funds

$71,470,468

Intra-State Agency Funds

$0

PROBATION BOOT CAMPS Per O.C.G.A. 42-8-35.1 and Board of Corrections Rules, Section 125, Chapters 14, There is one Probation Boot Camp in Georgia, located at Scott State Prison. The facility can house up to 160 male felons. Probationers may be sentenced directly to the boot camp by the courts or as result of a revocation action. The camps are highly structured with a military regimen. The purpose of this program is to provide cost effective correctional services that ensure public safety.

Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$5,163,846 $199,624 $49,138 $150,486
$4,964,222 $4,964,222
$0

PROBATION DETENTION CENTERS Per O.C.G.A. 42-8-35.4 and Board of Corrections Rules, Section 125, Chapter 1-4, the purpose of this program is to provide a sanctioning option for probationers who require more security or supervision than that provided by regular community supervision or a diversion center, but may not qualify for a boot camp.

Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$41,965,660 $1,542,669 $1,110,882
$431,787 $40,422,991 $40,422,991
$0

PROBATION DIVERSION CENTERS Per O.C.G.A. 42-8-35.5 and Board of Corrections Rules, Section 125, Chapters 14, the purpose of this program is to provide sentencing directly to a diversion center

THURSDAY, FEBRUARY 17, 2005

511

or may be sent there as part of revocation of sentence modification.
Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$14,433,111 $3,188,692 $3,188,692 $11,244,419 $11,244,419
$0

PROBATION SUPERVISION Per O.C.G.A. 42-8-72, the purpose of this program is to supervise probationers.

Total Funds

$64,439,011

Non-State Funds State Funds

$0 $64,439,011

State General Funds

$64,439,011

Intra-State Agency Funds

$0

STATE PRISONS Per O.C.G.A. 42-1-13 and Board of Corrections Rules, Section 125, Chapter 1-4, the purpose of this program is to house violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of punishment. Judges may sentence offenders directly to prison or offenders may be sent to prison as a result of revocation proceedings.

Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$420,572,274 $9,167,788 $8,192,520 $975,268
$411,404,486 $411,404,486
$0

TRANSITION CENTERS Per O.C.G.A. 42 and Board of Corrections Rules, Section 125, Chapters 1-4, the purpose of this program is to provide "work release", allowing the inmate to obtain and maintain a paying job in the community while requiring him or her to conform to the structure of the center.

Total Funds Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$21,575,036 $0
$21,575,036 $21,575,036
$0

259

512

JOURNAL OF THE SENATE

Section 12: Defense, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds State General Funds Intra-State Agency Funds

$44,706,185 $36,740,911 $34,234,155
$2,506,756 $7,965,274 $7,965,274
$0

CIVIL SUPPORT Per O.C.G.A. 38-2-23, the purpose of this program is to provide an all volunteer force to augment Georgia's organized militia in the event of a federal force mobilization.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Agency Funds

$7,767,361 $4,810,886 $4,810,886 $2,956,475 $2,956,475
$0

DEPARTMENTAL ADMINISTRATION Per O.C.G.A. 38-2-130, the purpose of this program is to provide administration to the organized militia in the State of Georgia.

Total Funds Non-State Funds

$2,672,963 $237,883

Other Non-State Funds

$138,791

Federal Funds Not Specifically Identified

$99,092

State Funds

$2,435,080

State General Funds

$2,435,080

Intra-State Agency Funds

$0

FACILITIES MANAGEMENT Per O.C.G.A. 38-2-26, the purpose of this program is to provide and maintain administrative, flight and training facilities for the Ga. Air National Guard that enhance readiness and are aesthetically pleasing within the community.

Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified State Funds

$33,802,959 $31,692,142 $2,367,965 $29,324,177 $2,110,817

THURSDAY, FEBRUARY 17, 2005

513

State General Funds Intra-State Agency Funds

$2,110,817 $0

MILITARY READINESS Per O.C.G.A. 38-2-24, the purpose of this program is to provide a trained and ready military air force that can be activated and deployed at the direction of the President or the Governor to insure the safety and well being of all citizens.

Total Funds Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$462,902 $0
$462,902 $462,902
$0

Section 13: Early Care and Learning, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds Lottery Funds State General Funds Intra-State Agency Funds

$369,825,145 $90,400,840 $88,639,639
$1,761,201 $279,424,305 $276,248,329
$3,175,976 $0

CHILD CARE REGULATION AND DEVELOPMENT Per O.C.G.A. 20-1A-4, the purpose of this program is to guide and assist child care learning facilities to provide safe, healthy, quality child care so that children experience optimum opportunities for learning and growth.

Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$3,620,086 $444,110 $0 $444,110
$3,175,976 $3,175,976
$0

NUTRITION Per O.C.G.A. 20-1A-4, the purpose of this program is to ensure that eligible children and adults receive USDA compliant meals.

Total Funds

$88,000,835

Non-State Funds

$88,000,835

Federal Funds Not Specifically Identified

$88,000,835

260

514

JOURNAL OF THE SENATE

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

PRE-KINDERGARTEN PROGRAM Per O.C.G.A. 20-1A-4, the purpose of this program is to provide funding for providers who operate the Pre-K program.

Total Funds

$277,334,078

Non-State Funds

$1,085,749

Other Non-State Funds

$891,055

Federal Funds Not Specifically Identified

$194,694

State Funds

$276,248,329

Lottery Funds

$276,248,329

State General Funds

$0

Intra-State Agency Funds

$0

QUALITY INITIATIVES Total Funds Non-State Funds Other Non-State Funds

$870,146 $870,146 $870,146

Section 14: Economic Development, Department of Total Funds Non State Funds State Funds
State General Funds Intra-State Agency Funds

$25,806,981 $0
$25,806,981 $25,806,981
$0

COMMUNICATION, POLICY, AND RESEARCH DEVELOPMENT Per O.C.G.A. 50-7-3, the purpose of this program is to use information to promote and inform people and companies about Georgia, and assist communities in the state in their promotional activities.

Total Funds Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$1,086,574 $0
$1,086,574 $1,086,574
$0

DEPARTMENTAL ADMINISTRATION Total Funds Non-State Funds

$4,043,836 $0

THURSDAY, FEBRUARY 17, 2005

515

State Funds State General Funds
Intra-State Agency Funds

$4,043,836 $4,043,836
$0

EXPORT ASSISTANCE/STATEWIDE OUTREACH Per O.C.G.A. 50-7-3, the purpose of this program is to create or retain jobs by developing international trade opportunities for Georgia exporters and potential exporters that will increase their sales and employment.

Total Funds Non-State Funds

$753,931 $0

State Funds

$753,931

State General Funds

$753,931

Intra-State Agency Funds

$0

FILM, MUSIC, AND VIDEO Per O.C.G.A. 50-7-3, the purpose of this program is to increase industry awareness

of Georgia business opportunities, infrastructure resources, and natural resources as

it pertains to film, video, and music industry.

Total Funds

$1,034,378

Non-State Funds

$0

State Funds

$1,034,378

State General Funds

$1,034,378

Intra-State Agency Funds

$0

INTERNATIONAL PROTOCOL Per O.C.G.A. 50-7-1, the purpose of this program is to provide executive leadership to assure a positive relationship between members of the Consular Corps and the Governor and senior staff, appropriate state agency leaders, and community leaders.

Total Funds Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$195,978 $0
$195,978 $195,978
$0

INTERNATIONAL TRADE DEVELOPMENT AND SPECIAL Per O.C.G.A. 50-7-3, the purpose of this program is for marketing events and activities designed to position Georgia as a key international business center and as a source for quality products and services.

Total Funds

$1,080,295

Non-State Funds

$0

261

516

JOURNAL OF THE SENATE

State Funds State General Funds
Intra-State Agency Funds

$1,080,295 $1,080,295
$0

OFFICE OF SCIENCE AND TECHNOLOGY BUSINESS DEVELOPMENT Per O.C.G.A. 50-7-3, the purpose of this program is to lead in the recruitment, growth, and marketing of the life sciences and technology industries in and to Georgia.

Total Funds
Non-State Funds State Funds

$1,551,526
$0 $1,551,526

State General Funds

$1,551,526

Intra-State Agency Funds

$0

PRODUCT DEVELOPMENT Per O.C.G.A. 50-7-3, the purpose of this program is to field agents, working with local and regional communities to develop tourism products and programs generating jobs, increased visitation, and expenditures.

Total Funds Non-State Funds

$994,860 $0

State Funds

$994,860

State General Funds

$994,860

Intra-State Agency Funds

$0

RECRUITMENT, EXPANSION, AND RETENTION Per O.C.G.A. 50-7-E1833, the purpose of this program is to expand and strengthen Georgia's economy by recruiting domestic and international companies from outside Georgia to the state.

Total Funds

$4,541,337

Non-State Funds

$0

State Funds

$4,541,337

State General Funds

$4,541,337

Intra-State Agency Funds

$0

REGIONAL EXISTING BUSINESS/ENTREPRENEURIAL DEVELOPMENT Per O.C.G.A. 50-7-3, the purpose of this program is to target Georgia's existing business and industry to encourage new investment and job creation within each of Georgia's regions, expand and strengthen Georgia's economy by recruiting companies from out of state to come and build operating facilities.

Total Funds Non-State Funds

$1,929,226 $0

THURSDAY, FEBRUARY 17, 2005

517

State Funds
State General Funds Intra-State Agency Funds

$1,929,226
$1,929,226 $0

TOURISM MARKETING AND PROMOTION Per O.C.G.A. 50-7-3, the purpose of this program is to attract visitors to Georgia for leisure travel.

Total Funds

$6,299,459

Non-State Funds

$0

State Funds

$6,299,459

State General Funds

$6,299,459

Intra-State Agency Funds

$0

TOURISM SALES Per O.C.G.A. 50-7-3, the purpose of this program is to provide travelers with information about Georgia to encourage travel expenditures and visitation in the state.

Total Funds Non-State Funds

$2,295,581 $0

State Funds

$2,295,581

State General Funds

$2,295,581

Intra-State Agency Funds

$0

Section 15: Education, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds Other State Funds State General Funds Intra-State Agency Funds

$7,211,033,524 $1,153,659,899 $1,111,268,592
$42,391,307 $6,057,373,625
$105,870,069 $5,951,503,556
$0

AGRICULTURE EDUCATION

Per O.C.G.A. 20-10-1, the purpose of this program is to provide students with competencies to make them aware of the importance of the agricultural industry and develop skills to prepare them for the world of work.

Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified

$8,355,551 $900,777 $450,000 $450,777

262

518

JOURNAL OF THE SENATE

State Funds State General Funds
Intra-State Agency Funds

$7,454,774 $7,454,774
$0

ALTERNATIVE EDUCATION Per O.C.G.A. 20-2-154 - the purpose of this program is to have each local school system provide an Alternative Education Program for students who are disruptive and need to be removed from the regular classroom setting.

Total Funds Non-State Funds

$3,320,878 $2,000,255

Federal Funds Not Specifically Identified

$2,000,255

State Funds

$1,320,623

State General Funds

$1,320,623

Intra-State Agency Funds

$0

CENTRAL OFFICE Per O.C.G.A. 20-2-11, the purpose of this program is to act as a service oriented agency supporting local school districts.

Total Funds

$10,953,672

Non-State Funds

$1,834,214

Other Non-State Funds

$1,062,874

Federal Funds Not Specifically Identified

$771,340

State Funds

$9,119,458

State General Funds

$9,119,458

Intra-State Agency Funds

$0

CORE K-12 Per O.C.G.A. 20-2-260, the purpose of this program is to provide funds to school systems for the instruction of students in grades K-12 to ensure that Georgia's K-12 students are academically prepared for further education and the workplace.

Total Funds Non-State Funds

$5,901,435,400 $400,992,394

Federal Funds Not Specifically Identified

$400,992,394

State Funds

$5,500,443,006

Other State Funds

$105,870,069

State General Funds

$5,394,572,937

Intra-State Agency Funds

$0

CURRICULUM DEVELOPMENT Total Funds

$93,095,203

THURSDAY, FEBRUARY 17, 2005

519

Non-State Funds Other Non-State Funds Federal Funds Not Specifically Identified
State Funds State General Funds
Intra-State Agency Funds

$59,704,055 $0
$59,704,055 $33,391,148 $33,391,148
$0

DATA COLLECTION AND TECHNICAL SERVICES Per O.C.G.A. 20-14-9, the purpose of this program is primarily responsible for the collection and reporting of accurate data through the development and maintenance of web-enabled applications.

Total Funds

$23,382,471

Non-State Funds

$9,035,620

Other Non-State Funds

$5,747,870

Federal Funds Not Specifically Identified State Funds

$3,287,750 $14,346,851

State General Funds

$14,346,851

Intra-State Agency Funds

$0

HEALTH AND NUTRITION Per O.C.G.A. 20-2-187 and SBOE Rule 160-5-6-01, the purpose of this program is to provide leadership, training, technical assistance, and resources, so local program personnel can deliver meals that support nutritional well-being and performance at school.

Total Funds Non-State Funds

$257,745,074 $222,323,121

Other Non-State Funds

$30,053,011

Federal Funds Not Specifically Identified

$192,270,110

State Funds

$35,421,953

State General Funds

$35,421,953

Intra-State Agency Funds

$0

LIMITED ENGLISH PROFICIENCY Per O.C.G.A. 20-2-156, Title III under No Child Left Behind (NCLB) of 2001, the purpose of this program is to integrate Title III and state QBE funds to have students succeed in language skills both socially and academically.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds

$11,200,380 $11,200,380 $11,200,380
$0

263

520

JOURNAL OF THE SENATE

State General Funds

$0

Intra-State Agency Funds

$0

PASS THROUGH FUNDS Per O.C.G.A. 20-2-918 and O.C.G.A. 20-2-151, the purpose of this program is to provide health insurance to retired teachers and non certified personnel and to pass through funding via a contract.

Total Funds

$132,223,517

Non-State Funds

$18,888,697

Federal Funds Not Specifically Identified

$18,888,697

State Funds

$113,334,820

State General Funds

$113,334,820

Intra-State Agency Funds

$0

REGIONAL EDUCATION SERVICE AGENCIES (RESA) Per O.C.G.A. 20-2-270, the purpose of this program is to provide Georgia's 16 Regional Education Service Agencies with shared services to improve the effectiveness of educational programs and services to local school systems.

Total Funds

$11,183,730

Non-State Funds

$0

State Funds

$11,183,730

State General Funds

$11,183,730

Intra-State Agency Funds

$0

SCHOOL IMPROVEMENT Per O.C.G.A. 20-14-41 and Title F of No Child Left Behind Act of 2001 (NCLB), the purpose of this program is to provide federal financial incentives for schools to develop comprehensive school reforms, based on research and best practices.

Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$50,002,463 $35,640,695
$100,000 $35,540,695 $14,361,768 $14,361,768
$0

SCHOOL LEADERSHIP Per O.C.G.A. 20-2-231, the purpose of this program is to provide opportunities for public school leadership personnel to update and expand their leadership knowledge and skills.

THURSDAY, FEBRUARY 17, 2005

521

Total Funds Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$5,361,125 $0
$5,361,125 $5,361,125
$0

SPECIAL EDUCATION Per O.C.G.A. 20-2-152, the purpose of this program is to provide statewide services to parents and educators to students with disablities.

Total Funds

$367,247,030

Non-State Funds Other Non-State Funds

$279,146,320 $0

Federal Funds Not Specifically Identified

$279,146,320

State Funds

$88,100,710

State General Funds

$88,100,710

Intra-State Agency Funds

$0

STAFF DEVELOPMENT Total Funds Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$83,087,743 $72,520,695 $72,520,695 $10,567,048 $10,567,048
$0

STATE SCHOOLS Per O.C.G.A. 20-2-152, the purpose of this program is to address the special needs of students who are blind, deaf and blind or deaf with additional disabilities.

Total Funds

$20,000,631

Non-State Funds

$967,985

Other Non-State Funds

$967,985

Federal Funds Not Specifically Identified

$0

State Funds

$19,032,646

State General Funds

$19,032,646

Intra-State Agency Funds

$0

STUDENT EXCELLENCE Per O.C.G.A. 20-2-306, the purpose of this program is to provide intellectually gifted and artistically talented students challenging and enriching educational opportunities unavailable to them during the regular school year.

264

522

JOURNAL OF THE SENATE

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Agency Funds

$2,603,743 $1,212,000 $1,212,000 $1,391,743 $1,391,743
$0

TECHNOLOGY CAREER EDUCATION Per O.C.G.A. 20-2-151 and Carl D. Perkins Vocational and Technical Education Act of 1998, the purpose of this program is to equip students with academic, technical and leadership skills.

Total Funds

$43,731,566

Non-State Funds

$27,197,515

Other Non-State Funds

$4,009,567

Federal Funds Not Specifically Identified State Funds

$23,187,948 $16,534,051

State General Funds

$16,534,051

Intra-State Agency Funds

$0

TESTING Per O.C.G.A. 20-2-281, the purpose of this program is to adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program.

Total Funds

$32,593,802

Non-State Funds

$10,095,176

Federal Funds Not Specifically Identified

$10,095,176

State Funds

$22,498,626

State General Funds

$22,498,626

Intra-State Agency Funds

$0

TRANSPORTATION AND FACILITIES Total Funds Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$153,509,545 $0 $0
$153,509,545 $153,509,545
$0

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

THURSDAY, FEBRUARY 17, 2005

523

shall be made in accordance with funds appropriated by this Act.

Section 16: Employees' Retirement System of Georgia Total Funds Non State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds
DEPARTMENTAL ADMINISTRATION Total Funds Non-State Funds Other Non-State Funds State Funds State General Funds Intra-State Agency Funds

$19,171,044 $16,859,697 $16,859,697
$2,311,347 $2,311,347
$0
$16,859,697 $16,859,697 $16,859,697
$0 $0 $0

GEORGIA MILITARY PENSION FUND Per O.C.G.A. 47-24-20, the purpose of this program is to provide retirement allowances and other benefits for members of the Georgia National Guard.

Total Funds Non-State Funds

$890,651 $0

State Funds

$890,651

State General Funds

$890,651

Intra-State Agency Funds

$0

PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM Per O.C.G.A. 47-4-1, the purpose of this program is to account for the receipt of retirement contributions, to ensure sound investing of system funds, and timely and accurate payment of retirement benefits.

Total Funds

$1,420,696

Non-State Funds

$0

State Funds

$1,420,696

State General Funds

$1,420,696

Intra-State Agency Funds

$0

Section 17: Forestry Commission, State Total Funds Non State Funds

$37,837,566 $6,265,257

265

524

JOURNAL OF THE SENATE

Federal Funds Not Specifically Identified Other Non-State Funds State Funds State General Funds Intra-State Agency Funds

$822,000 $5,443,257 $31,572,309 $31,572,309
$0

DEPARTMENTAL ADMINISTRATION Per O.C.G.A. 12-6-2, the purpose of this program is to administer work force needs, handle purchasing, accounts receivable and payable, meet information technology needs, and provide oversight that emphasizes customer values and process innovation.

Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$3,256,703 $168,155 $168,155
$3,088,548 $3,088,548
$0

FOREST MANAGEMENT Per O.C.G.A. 12-6-5 and Ga. L. 1955, pp. 309-314; Ga. Code 1981, Sec. 12-6-5, the purpose of this program is to survey 20% of permanently established forest survey plots annually to gather forest health and inventory data.

Total Funds

$3,947,916

Non-State Funds

$1,179,500

Other Non-State Funds

$627,500

Federal Funds Not Specifically Identified

$552,000

State Funds

$2,768,416

State General Funds

$2,768,416

Intra-State Agency Funds

$0

FOREST PROTECTION Per O.C.G.A. 12-6-81 and Statutory Authorization -Ga. L. 1949, p. 937; Ga. Code 1981, Sec. 12-6-81 Ga L. 1925 p. 199; Ga. L., the purpose of this program is to protect the public and forest resources.

Total Funds Non-State Funds

$28,589,332 $2,876,611

Other Non-State Funds

$2,676,611

Federal Funds Not Specifically Identified

$200,000

State Funds

$25,712,721

State General Funds

$25,712,721

THURSDAY, FEBRUARY 17, 2005

525

Intra-State Agency Funds
TREE IMPROVEMENT Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds
TREE SEEDLING NURSERY Total Funds Non-State Funds Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$0
$120,085 $0
$120,085 $120,085
$0
$1,923,530 $2,040,991 $1,970,991
$70,000 ($117,461) ($117,461)
$0

Section 18: Governor, Office of the Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds State General Funds Intra-State Agency Funds
ARTS, GEORGIA COUNCIL FOR THE Total Funds Non-State Funds Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds
ATTACHED AGENCY ADMINISTRATION Total Funds Non-State Funds State Funds

$54,590,516 $6,478,896 $5,538,351
$940,545 $48,111,620 $48,111,620
$0
$4,718,893 $664,093 $15,000 $649,093
$4,054,800 $4,054,800
$0
$2,198,654 $0
$2,198,654

266

526

JOURNAL OF THE SENATE

State General Funds Intra-State Agency Funds

$2,198,654 $0

BUDGET MANAGEMENT AND FISCAL POLICY Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$2,223,400 $0
$2,223,400 $2,223,400
$0

CHILD ADVOCATE, OFFICE OF THE Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$699,864 $0
$699,864 $699,864
$0

CONSUMER AFFAIRS, GOVERNOR'S OFFICE OF There is hereby appropriated to the Office of the Governor the sum of $400,000 of the monies 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 monies may be appropriated pursuant to Article 28.

Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$3,829,305 $617,689 $617,689
$3,211,616 $3,211,616
$0

EMERGENCY MANAGEMENT AGENCY, GEORGIA Total Funds Non-State Funds Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$6,448,233 $4,431,967
$307,856 $4,124,111 $2,016,266 $2,016,266
$0

EQUAL OPPORTUNITY, GEORGIA COMMISSION ON Total Funds

$1,088,874

THURSDAY, FEBRUARY 17, 2005

527

Non-State Funds Federal Funds Not Specifically Identified
State Funds State General Funds
Intra-State Agency Funds
OFFICE OF HOMELAND SECURITY Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds
OFFICE OF THE GOVERNOR Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds
OFFICE OF THE STATE INSPECTOR GENERAL Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds
OPB - ADMINISTRATION Total Funds State Funds State General Funds
PLANNING AND EVALUATION Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds
PROFESSIONAL STANDARDS COMMISSION, GEORGIA Total Funds

$387,217 $387,217 $701,657 $701,657
$0
$611,273 $0
$611,273 $611,273
$0
$18,210,104 $0
$18,210,104 $18,210,104
$0
$804,076 $0
$804,076 $804,076
$0
$2,654,786 $2,654,786 $2,654,786
$953,649 $0
$953,649 $953,649
$0
$6,256,034

267

528

JOURNAL OF THE SENATE

Non-State Funds Federal Funds Not Specifically Identified
State Funds State General Funds
Intra-State Agency Funds
RESEARCH AND MANAGEMENT Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds
STUDENT ACHIEVEMENT, OFFICE OF Total Funds Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$111,930 $111,930 $6,144,104 $6,144,104
$0
$2,511,411 $0
$2,511,411 $2,511,411
$0
$1,381,960 $266,000 $266,000
$1,115,960 $1,115,960
$0

It is the intent of the General Assembly that of funds appropriated for the Governor's Emergency Fund, $9,700,000 is intended for relief in declared disasters.

Section 19: Human Resources, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds Tobacco Funds Other State Funds State General Funds Intra-State Agency Funds Indirect DOAS Funds

$2,582,712,380 $1,206,989,592 $1,028,350,966
$178,638,626 $1,370,102,688
$44,766,104 $3,000,000 $1,322,336,584 $5,620,100 $5,620,100

ADOLESCENT HEALTH AND YOUTH DEVELOPMENT Per O.C.G.A. 49-5-7 and Personal Responsibility and Work Opportunity Act, 1996, the purpose of this program is to prevent teenage pregnancy and out-ofwedlock births and promote male responsibility.

Total Funds

$13,101,765

THURSDAY, FEBRUARY 17, 2005

529

Non-State Funds Other Non-State Funds Federal Funds Not Specifically Identified
State Funds State General Funds
Intra-State Agency Funds

$9,781,842 $0
$9,781,842 $3,319,923 $3,319,923
$0

ADOPTION SERVICES AND SUPPLEMENTS Per O.C.G.A. 49-5-8; OCGA 19-8; OCGA 15-11; OCGA 39-4, the purpose of this program is to support and facilitate the permanent placement of children in safe and stable homes by providing financial assistance and supportive services.

Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$49,586,425 $21,819,516
$561,732 $21,257,784 $27,766,909 $27,766,909
$0

ADULT PROTECTIVE SERVICES Per O.C.G.A. 30-5-1, the purpose of this program is to protect disabled adults and elder persons who are not residents of long term care facilities from situations of domestic abuse, neglect and exploitation.

Total Funds Non-State Funds

$14,167,078 $6,426,617

Other Non-State Funds

$0

Federal Funds Not Specifically Identified

$6,426,617

State Funds

$7,740,461

State General Funds

$7,740,461

Intra-State Agency Funds

$0

BRAIN AND SPINAL INJURY TRUST FUND Total Funds Non-State Funds State Funds Other State Funds State General Funds Intra-State Agency Funds

$3,000,000 $0
$3,000,000 $3,000,000
$0 $0

CANCER SCREENING AND PREVENTION

268

530

JOURNAL OF THE SENATE

Per O.C.G.A. 31-15-2, the purpose of this program is to reduce the morbidity and mortality from breast or cervical cancer.

Total Funds

$6,321,880

Non-State Funds

$0

State Funds

$6,321,880

Tobacco Funds

$2,928,988

State General Funds

$3,392,892

Intra-State Agency Funds

$0

CHILD CARE AND PARENT SERVICES Per O.C.G.A. 20-1A-61 and the Child Care and Developmental Block Grant Act of 1990, the purpose of this program permits low income families to be self-reliant while protecting the safety and well-being of their children by ensuring access to child care.

Total Funds

$194,491,698

Non-State Funds

$137,129,668

Other Non-State Funds

$832,728

Federal Funds Not Specifically Identified

$136,296,940

State Funds

$57,362,030

State General Funds

$57,362,030

Intra-State Agency Funds

$0

CHILD FATALITY REVIEW PANEL Per O.C.G.A. 19-15-0, the purpose of this program is to provide a confidential forum for local child fatality review committees to determine manner and cause of death and if the death was preventable.

Total Funds

$331,711

Non-State Funds

$0

State Funds

$331,711

State General Funds

$331,711

Intra-State Agency Funds

$0

CHILD PROTECTIVE SERVICES Per O.C.G.A. 0-0-0 and Social Security Act of 1935; OCGA 19-5-8; OCGA 19-75, the purpose of this statewide program investigates allegations of child abuse and neglect; and provides services to protect the child and strengthen the family.

Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified

$135,067,622 $80,713,573 $13,490,604 $67,222,969

THURSDAY, FEBRUARY 17, 2005

531

State Funds Tobacco Funds State General Funds
Intra-State Agency Funds

$54,354,049 $2,069,048 $52,285,001
$0

CHILD SUPPORT ESTABLISHMENT COLLECTION AND ENFORCEMENT Per O.C.G.A. 19-11-38, the purpose of this program is to enforce parental responsibility by paying financial support.

Total Funds

$68,606,255

Non-State Funds

$53,057,435

Other Non-State Funds

$9,060,828

Federal Funds Not Specifically Identified

$43,996,607

State Funds

$15,548,820

State General Funds

$15,548,820

Intra-State Agency Funds

$0

CHILDREN WITH SPECIAL NEEDS Per O.C.G.A. 31-1-3 and Part C of the Individuals with Disabilities Education Act, the purpose of this program is to promote the optimal functioning of infants and toddlers with developmental delays or disabilities.

Total Funds

$30,933,014

Non-State Funds

$10,047,731

Other Non-State Funds

$0

Federal Funds Not Specifically Identified

$10,047,731

State Funds

$20,885,283

State General Funds

$20,885,283

Intra-State Agency Funds

$0

CHILDREN'S TRUST FUND COMMISSION ***Per O.C.G.A. 19-14-1, the purpose of this program is to support the establishment of community-based educational and service programs designed to reduce the occurrence of child abuse and neglect.

Total Funds Non-State Funds

$7,380,309 $0

State Funds

$7,380,309

Tobacco Funds

$1,272,170

State General Funds Intra-State Agency Funds

$6,108,139 $0

269

532

JOURNAL OF THE SENATE

CHRONIC DISEASE REDUCTION - HEALTH PROMOTION Per O.C.G.A. 31-2-1, the purpose of this program is to provide education and health promotion related to chronic diseases.

Total Funds

$1,515,586

Non-State Funds

$0

State Funds

$1,515,586

Tobacco Funds

$1,340,644

State General Funds

$174,942

Intra-State Agency Funds

$0

CHRONIC DISEASE TREATMENT AND CONTROL Per O.C.G.A. 31-15-1, the purpose of this program is to reduce the morbidity and mortality of cancer among low-income uninsured or underinsured Georgians.

Total Funds

$9,239,598

Non-State Funds

$1,210,877

Federal Funds Not Specifically Identified

$1,210,877

State Funds

$8,028,721

Tobacco Funds State General Funds

$3,547,455 $4,481,266

Intra-State Agency Funds

$0

COMMUNITY CARE SERVICES PROGRAM Per O.C.G.A. 49-6-60, the purpose of this program is to provide Georgians who need nursing home level of care the option of remaining in their own communities.

Total Funds

$58,992,558

Non-State Funds

$10,108,531

Federal Funds Not Specifically Identified

$10,108,531

State Funds

$48,884,027

Tobacco Funds

$4,191,806

State General Funds Intra-State Agency Funds

$44,692,221 $0

COMMUNITY SERVICES - ADULT Per O.C.G.A. 37-1-20, the purpose of this program is to promote improved functioning, living independently in the community as well as avoiding hospitalization by abstinence from alcohol and other substance abuse.

Total Funds

$390,747,182

Non-State Funds

$89,725,872

Federal Funds Not Specifically Identified

$89,725,872

State Funds

$301,021,310

THURSDAY, FEBRUARY 17, 2005

533

Tobacco Funds State General Funds Intra-State Agency Funds

$10,255,138 $290,766,172
$0

COMMUNITY SERVICES - CHILD AND ADOLESCENT Per O.C.G.A. 37-1-20, the purpose of this program is to assist adolescents with addictive diseases in eliminating use or abuse of chemicals, and also provide those with developmental disabilities or mental health issues the services to allow them to live in the community.

Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$85,960,329 $16,058,632
$2 $16,058,630 $69,901,697 $69,901,697
$0

CONTRACTED CLIENT TRANSPORTATION SERVICES Per O.C.G.A. 37-1-2 and PL104-193, PL97-35, 5310(a)(2), the purpose of this program is to provide essential transportation services in a safe efficient, responsive manner.

Total Funds

$25,068,801

Non-State Funds

$20,921,876

Federal Funds Not Specifically Identified State Funds
State General Funds

$20,921,876 $4,146,925
$4,146,925

Intra-State Agency Funds

$0

COUNCIL ON AGING Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$146,462 $0
$146,462 $146,462
$0

DEPARTMENTAL ADMINISTRATION Per O.C.G.A. 49-2-1, the purpose of this program is to provide administration and support for the Divisions and Operating Office in meeting the needs of the people.

Total Funds

$172,297,108

Non-State Funds

$76,484,744

270

534

JOURNAL OF THE SENATE

Other Non-State Funds Federal Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Agency Funds Indirect DOAS Funding

$6,430,207 $70,054,537 $90,750,427
$582,713 $90,167,714 $5,061,937 $5,061,937

DEVELOPMENTAL DISABILITIES Per O.C.G.A. 30-8-1 and United States Public Law 106-402, the purpose of this program is to promote quality services and supports for people with developmental disabilities and their families.

Total Funds

$2,271,780

Non-State Funds

$2,247,740

Federal Funds Not Specifically Identified State Funds

$2,247,740 $24,040

State General Funds Intra-State Agency Funds

$24,040 $0

ELDER ABUSE AND FRAUD PREVENTION Per O.C.G.A. 49-6-2, the purpose of this program is to heighten awareness of abuse of older individuals in community settings and to provide or facilitate access to programs and services for victims.

Total Funds

$100,133

Non-State Funds

$95,389

Federal Funds Not Specifically Identified

$95,389

State Funds

$4,744

State General Funds

$4,744

Intra-State Agency Funds

$0

EMERGENCY PREPAREDNESS/BIOTERRORISM Per O.C.G.A. 31-2-1, the purpose of this program is to prevent, detect, investigate, and respond to bioterrorism, terrorism, and other public health emergencies to prevent or reduce morbidity and mortality.

Total Funds

$2,566,602

Non-State Funds

$0

State Funds

$2,566,602

State General Funds

$2,566,602

Intra-State Agency Funds

$0

THURSDAY, FEBRUARY 17, 2005

535

EMPLOYMENT SERVICES - MH/DD/AD

Total Funds

$0

Non-State Funds

$0

Federal Funds Not Specifically Identified

$0

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

ENERGY ASSISTANCE Per O.C.G.A. 46-1-5 and O.C.G.A. 49-4-1, the purpose of this program is to assist low-income households in meeting their immediate home energy needs.

Total Funds

$9,912,073

Non-State Funds Other Non-State Funds

$9,177,256 $40,269

Federal Funds Not Specifically Identified

$9,136,987

State Funds

$734,817

State General Funds

$734,817

Intra-State Agency Funds

$0

EPIDEMIOLOGY Per O.C.G.A. 31-2-1, the purpose of this program is to monitor, investigate, and describe the burden of disease, injury, and other events of public health concern in Georgia.

Total Funds

$4,880,207

Non-State Funds

$359,240

Federal Funds Not Specifically Identified

$359,240

State Funds

$4,520,967

Tobacco Funds

$115,637

State General Funds

$4,405,330

Intra-State Agency Funds

$0

FAMILY CONNECTION Per O.C.G.A. 49-2-1, the purpose of this program is to provide a statewide network of county collaborative that work to improve conditions for children and families.

Total Funds Non-State Funds

$9,477,555 $275,000

Federal Funds Not Specifically Identified

$275,000

State Funds

$9,202,555

State General Funds

$9,202,555

271

536

JOURNAL OF THE SENATE

Intra-State Agency Funds

$0

FAMILY VIOLENCE SERVICES Per O.C.G.A. 19-13-20 and the Violence Against Women Act of 1994, the purpose of this program is to provide safe shelter and related services for victims of family violence and their dependents.

Total Funds

$4,375,161

Non-State Funds

$284,064

Other Non-State Funds

$3,617

Federal Funds Not Specifically Identified

$280,447

State Funds

$4,091,097

State General Funds

$4,091,097

Intra-State Agency Funds

$0

FATHERHOOD INITIATIVE Total Funds Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$120,000 $120,000 $120,000
$0 $0 $0

FOOD STAMP PROGRAM Per O.C.G.A. 49-4-1, the purpose of this program is to promote the nutritional well being of Georgia's low-income families and children.

Total Funds Non-State Funds

$64,980,272 $42,176,511

Other Non-State Funds

$2,125,153

Federal Funds Not Specifically Identified

$40,051,358

State Funds

$22,803,761

State General Funds

$22,803,761

Intra-State Agency Funds

$0

HEALTH PROMOTION AND DISEASE PREVENTION (WELLNESS) Per O.C.G.A. 49-6-60, the purpose of this program is to improve or maintain the functional ability and the health status of elderly Georgians.

Total Funds

$480,015

Non-State Funds Federal Funds Not Specifically Identified

$480,015 $480,015

State Funds

$0

THURSDAY, FEBRUARY 17, 2005

537

State General Funds

$0

Intra-State Agency Funds

$0

HIGH RISK PREGNANT WOMEN AND INFANTS Per O.C.G.A. 31-2-2, the purpose of this program is to ensure that low income pregnant women receive comprehensive, quality, prenatal services as early as possible in their pregnancy.

Total Funds

$5,055,227

Non-State Funds

$130,000

Federal Funds Not Specifically Identified

$130,000

State Funds

$4,925,227

State General Funds

$4,925,227

Intra-State Agency Funds

$0

HIV/AIDS Per Section 301(a) and 317(k) of the PHS Act, 42 USC, Sect.241, Ryan White Care Act 1990 (PL101-381), the purpose of this program is to provide treatment that addresses the unmet needs of Georgians with HIV disease.

Total Funds

$24,112,094

Non-State Funds

$6,861,717

Federal Funds Not Specifically Identified

$6,861,717

State Funds

$17,250,377

Tobacco Funds

$1,226,667

State General Funds

$16,023,710

Intra-State Agency Funds

$0

HOME AND COMMUNITY BASED SERVICES Per O.C.G.A. 49-6-60, the purpose of this program is to support and assist older Georgians so that they may live in their homes and communities.

Total Funds

$48,103,638

Non-State Funds

$28,580,725

Federal Funds Not Specifically Identified State Funds

$28,580,725 $19,522,913

Tobacco Funds

$3,808,586

State General Funds

$15,714,327

Intra-State Agency Funds

$0

IMMUNIZATION Per O.C.G.A. 49-4-183, the purpose of this program is to provide immunization, consultation, training, assessment, vaccines and technical assistance.

272

538

JOURNAL OF THE SENATE

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Agency Funds

$17,452,300 $8,669,422 $8,669,422 $8,782,878 $8,782,878
$0

INDEPENDENT AND TRANSITIONAL LIVING SERVICES Per O.C.G.A. 49-5-8, O.C.G.A. 15-11, and O.C.G.A. 39-4-1, the purpose of this program is to provide a systematic approach for transitioning eligible youth in foster care.

Total Funds

$4,425,497

Non-State Funds

$3,834,910

Other Non-State Funds

$160,495

Federal Funds Not Specifically Identified State Funds

$3,674,415 $590,587

State General Funds

$590,587

Intra-State Agency Funds

$0

INFANT AND CHILD HEALTH SERVICES Per O.C.G.A. 31-12-6, the purpose of this program is to provide leadership and resources to communities to improve the health and well being of infants and children and their families.

Total Funds

$20,814,641

Non-State Funds

$5,960,145

Other Non-State Funds

$70,688

Federal Funds Not Specifically Identified

$5,889,457

State Funds

$14,854,496

Tobacco Funds

$2,000,000

State General Funds

$12,854,496

Intra-State Agency Funds

$0

INJURY PREVENTION Per O.C.G.A. 31-2-1, the purpose of this program is to reduce injury-related morbidity and mortality through building injury surveillance systems to guide databased decision making and strategic planning, building coalitions.

Total Funds

$255,988

Non-State Funds Federal Funds Not Specifically Identified

$112,005 $112,005

State Funds

$143,983

THURSDAY, FEBRUARY 17, 2005

539

State General Funds Intra-State Agency Funds

$143,983 $0

LABORATORY SERVICES Per O.C.G.A. 31-2-1, the purpose of this program is to provide clinical and environmental testing necessary for public health programs, to assist in controlling infectious diseases and to identify conditions such as metabolic diseases and disorders.

Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$7,788,526 $150,000 $150,000
$7,638,526 $7,638,526
$0

MEDICAID ELIGIBILITY DETERMINATION Per O.C.G.A. 31-8-154 and O.C.G.A. 31-5A-4, and Title XIX of the Social Security Act, the purpose of this program is to promote access to health care for low income families, children, pregnant women, and persons with disabilities.

Total Funds

$57,330,683

Non-State Funds

$31,860,080

Other Non-State Funds

$1,709,341

Federal Funds Not Specifically Identified

$30,150,739

State Funds

$25,470,603

State General Funds

$25,470,603

Intra-State Agency Funds

$0

OUT OF HOME CARE Per O.C.G.A. 49-5-8, OCGA 15-11,OCGA 39-4, Title IV E, Title IV-B, the purpose of this program is to provide safe and appropriate temporary substitute homes for children.

Total Funds

$278,028,903

Non-State Funds Other Non-State Funds

$130,729,957 $32,925,589

Federal Funds Not Specifically Identified

$97,804,368

State Funds

$147,298,946

State General Funds

$147,298,946

Intra-State Agency Funds

$0

OUTDOOR THERAPEUTIC PROGRAM Per O.C.G.A. 37-1-20(b)(1), 37-1-20(b)(6), 37-1-20(b)(7), 37-1-2, 37-1-20(b)(10),

273

540

JOURNAL OF THE SENATE

37-1-20(b)(13), 37-2-1, 37-2-9, the purpose of this program is to promote positive changes in consumer's behavior in therapeutic wilderness settings.

Total Funds

$4,172,448

Non-State Funds

$940,692

Other Non-State Funds

$937,587

Federal Funds Not Specifically Identified

$3,105

State Funds State General Funds

$3,231,756 $3,231,756

Intra-State Agency Funds

$0

POST ADOPTION SERVICES Per O.C.G.A. 15-11-1, O.C.G.A. 19-4-1, and Social Security Act, the purpose of this program is for clarification of adoption policies, procedures, and support services to adopting families.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Agency Funds

$2,808,630 $940,404 $940,404
$1,868,226 $1,868,226
$0

PRE-ADOPTION SERVICES Per O.C.G.A. 49-5-1, O.C.G.A. 19-8-1, O.C.G.A. 15-11-1, and O.C.G.A. 39-41, the purpose of this program is to provide services that ensure the safe and appropriate placement of adoptable children.

Total Funds

$5,374,713

Non-State Funds

$1,872,356

Federal Funds Not Specifically Identified

$1,872,356

State Funds

$3,502,357

State General Funds

$3,502,357

Intra-State Agency Funds

$0

REFUGEE HEALTH PROGRAM
Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Agency Funds

$4,227,866 $116,144 $116,144
$4,111,722 $4,111,722
$0

THURSDAY, FEBRUARY 17, 2005

541

REFUGEE RESETTLEMENT Per O.C.G.A. 49-4-1 and the Refugee Assistance Act of 1980, the purpose of this program is to help refugees establish a new life that is founded on the dignity of economic self-support.

Total Funds

$3,679,539

Non-State Funds

$3,183,568

Other Non-State Funds

$80,538

Federal Funds Not Specifically Identified

$3,103,030

State Funds

$495,971

State General Funds

$495,971

Intra-State Agency Funds

$0

REGULATORY COMPLIANCE Per O.C.G.A. 49-5-8, the purpose of this program is to protect children receiving care outside of their own homes in child-caring institutions, outdoor therapeutic programs and child-placing agencies through licensing activities and regular inspections.

Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$32,044,875 $9,297,914
$515,075 $8,782,839 $22,746,961 $22,746,961
$0

SEXUALLY TRANSMITTED DISEASES TREATMENT AND CONTROL Per O.C.G.A. 31-17-1, the purpose of this program is to prevent and reduce the spread of sexually transmitted diseases through education, case reporting, health screening, partner notification and treatment.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Agency Funds

$6,498,192 $2,275,587 $2,275,587 $4,222,605 $4,222,605
$0

STATE HOSPITAL FACILITIES
Total Funds Non-State Funds
Other Non-State Funds

$140,075,962 $14,845,956
$5,558,283

274

542

JOURNAL OF THE SENATE

Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Agency Funds
Indirect DOAS Funding

$9,287,673 $124,921,608 $124,921,608
$308,398 $308,398

STATE HOSPITAL FACILITIES - OTHER CARE Per O.C.G.A. 37-2-1, the purpose of this program is to provide inpatient psychiatric evaluation and treatment with an emphasis on stabilization and planning.

Total Funds

$170,917,028

Non-State Funds

$96,390,915

Other Non-State Funds

$95,638,518

Federal Funds Not Specifically Identified

$752,397

State Funds

$74,268,516

State General Funds

$74,268,516

Intra-State Agency Funds

$257,597

Indirect DOAS Funding

$257,597

STATE HOSPITAL FACILITIES - SPECIALTY CARE Per O.C.G.A. 37-1-20, the purpose of this program is to provide education and health promotion related to intentional and unintentional injuries.

Total Funds Non-State Funds

$10,207,461 $5,561,336

Other Non-State Funds

$5,561,336

Federal Funds Not Specifically Identified

$0

State Funds

$4,653,957

State General Funds

$4,653,957

Intra-State Agency Funds

($7,832)

Indirect DOAS Funding

($7,832)

SUBSTANCE ABUSE PREVENTION Per O.C.G.A. 20-2-142 and Elementary and Secondary Education Act, Title IV Public Health Service Act, Title XIX, the purpose of this program is to promote the health and well-being of families and communities through preventing the use and/or abuse of substances.

Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified

$11,123,173 $10,565,806
$2 $10,565,804

THURSDAY, FEBRUARY 17, 2005

543

State Funds State General Funds
Intra-State Agency Funds

$557,367 $557,367
$0

SUPPORT FOR NEEDY FAMILIES Per O.C.G.A. 49-4-11 and Public Law 104-193, the purpose of this programs is to supply block grants for temporary assistance for needy families. All Temporary Assistance for Needy Families benefit payments are calculated 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: For an assistance group of one, the standards of need is $235, and the maximum monthly amount is $155. For an assistance group of two, the standards of need is $356, and the maximum monthly amount is $235. For an assistance group of three, the standards of need is $424, and the maximum monthly amount is $280. For an assistance group of four, the standards of need is $500, and the maximum monthly amount is $330. For an assistance group of five, the standards of need is $573, and the maximum monthly amount is $378. For an assistance group of six, the standards of need is $621, and the maximum monthly amount is $410. For an assistance group of seven, the standards of need is $672, and the maximum monthly amount is $444. For an assistance group of eight, the standards of need is $713, and the maximum monthly amount is $470. For an assistance group of nine, the standards of need is $751, and the maximum monthly amount is $496. For an assistance group of ten, the standards of need is $804, and the maximum monthly amount is $530. For an assistance group of eleven, the standards of need is $860, and the maximum monthly amount is $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.

Total Funds

$225,110,860

Non-State Funds

$148,516,568

Other Non-State Funds

$2,786,034

Federal Funds Not Specifically Identified

$145,730,534

275

544

JOURNAL OF THE SENATE

State Funds State General Funds
Intra-State Agency Funds

$76,594,292 $76,594,292
$0

TANF SERVICES-MHDDAD

Total Funds

$0

Non-State Funds

$0

Federal Funds Not Specifically Identified

$0

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

TOBACCO USE PREVENTION Per O.C.G.A. 31-2-1, the purpose of this program is to reduce the number of youth and adults who smoke, reduce exposure to secondhand smoke, and decrease the occurrence of tobacco-related illness through prevention initiatives.

Total Funds Non-State Funds State Funds
Tobacco Funds State General Funds Intra-State Agency Funds

$11,427,252 $0
$11,427,252 $11,427,252
$0 $0

TUBERCULOSIS TREATMENT AND CONTROL Per O.C.G.A. 31-2-4 and 31-14-12, the purpose of the Georgia Tuberculosis (TB) Program is to control transmission, prevent illness and ensure treatment of disease due to tuberculosis.

Total Funds

$8,842,446

Non-State Funds

$1,598,961

Federal Funds Not Specifically Identified

$1,598,961

State Funds

$7,243,485

State General Funds

$7,243,485

Intra-State Agency Funds

$0

VITAL RECORDS Per O.C.G.A. 31-10-2 and DHR Rules 290-1-3, the purpose of the Vital Records program registers codes, enters, and archives all vital records and associated documents (birth, death, fetal death induced termination of pregnancy, marriage).

Total Funds Non-State Funds

$2,211,602 $280,782

THURSDAY, FEBRUARY 17, 2005

545

Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Agency Funds

$280,782 $1,930,820 $1,930,820
$0

WOMEN, INFANTS AND CHILDREN - NUTRITION (WIC) Per Section 17 of the Child Nutrition Act of 1966 as amended by P.L. 108-265 and P.L. 103-314 as amended, the purpose of this program is an adjunct to prenatal and postpartum care during critical periods of growth.

Total Funds

$84,956,963

Non-State Funds

$84,956,963

Federal Funds Not Specifically Identified State Funds

$84,956,963 $0

State General Funds

$0

Intra-State Agency Funds

$0

WOMEN'S HEALTH SERVICES Per O.C.G.A. 49-7-3 and Title X of the Public Health Service Act, the purpose of this program is to reduce unintended pregnancies and improve the health of women, the partners and infants.

Total Funds

$29,546,694

Non-State Funds

$20,054,550

Other Non-State Funds

$0

Federal Funds Not Specifically Identified

$20,054,550

State Funds

$9,492,144

State General Funds

$9,492,144

Intra-State Agency Funds

$0

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.

The Office of Planning and Budget is hereby authorized to transfer funds to the appropriate departmental programs in amounts equal to the departmental remittances to the Office of Treasury and Fiscal Services from agency fund collections.

Section 20: Insurance, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified

$17,210,748 $1,036,500
$954,555

276

546

JOURNAL OF THE SENATE

Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds
DEPARTMENTAL ADMINISTRATION Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$81,945 $16,174,248 $16,174,248
$0
$2,068,054 $0
$2,068,054 $2,068,054
$0

ENFORCEMENT Per O.C.G.A. 20-2-1, the purpose of this program is to provide legal advice and to initiate legal proceedings with regard to enforcement of specific provisions of state law relating to insurance, industrial loan, fire safety and fraud.

Total Funds Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$713,465 $0
$713,465 $713,465
$0

FIRE SAFETY Per O.C.G.A. 25-2-2, the purpose of this program is to create a fire safe environment in the state that protects the public from fire and limits the loss of lives and property.

Total Funds Non-State Funds

$5,847,557 $1,036,500

Other Non-State Funds

$81,945

Federal Funds Not Specifically Identified

$954,555

State Funds

$4,811,057

State General Funds

$4,811,057

Intra-State Agency Funds

$0

INDUSTRIAL LOAN Per O.C.G.A. 7-3-1, the purpose of this program is to protect consumers by licensing, regulating and examining finance companies that provide consumer loans of $3,000 or less.

Total Funds

$589,453

Non-State Funds State Funds

$0 $589,453

THURSDAY, FEBRUARY 17, 2005

547

State General Funds Intra-State Agency Funds

$589,453 $0

INSURANCE REGULATION Per O.C.G.A. 20-2-1, the purpose of this program is to ensure that licensed insurance entities maintain solvency, comply with state law and adopted rules, regulations and standards.

Total Funds

$5,338,458

Non-State Funds

$0

State Funds

$5,338,458

State General Funds

$5,338,458

Intra-State Agency Funds

$0

SPECIAL FRAUD Per O.C.G.A. 33-1-17, the purpose of this program is to identify and take appropriate action to deter insurance fraud.

Total Funds Non-State Funds

$2,653,761 $0

State Funds

$2,653,761

State General Funds

$2,653,761

Intra-State Agency Funds

$0

Section 21: Investigation, Georgia Bureau of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds State General Funds Intra-State Agency Funds

$94,147,150 $33,497,067 $28,825,629
$4,671,438 $60,650,083 $60,650,083
$0

CENTRALIZED SCIENTIFIC SERVICES Per O.C.G.A. 40-6-392 and O.C.G.A. 45-16-20, the purpose of this program is to provide analysis of elicit and licit drugs, unknown substances and fire debris evidence.

Total Funds Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$13,946,149 $0
$13,946,149 $13,946,149
$0

277

548

JOURNAL OF THE SENATE

CRIMINAL JUSTICE COORDINATING COUNCIL Total Funds Non-State Funds Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$33,803,201 $33,497,067 $4,671,438 $28,825,629
$306,134 $306,134
$0

CRIMINAL JUSTICE INFORMATION SERVICES Per O.C.G.A. 17-15-3 and OCGA, 35-3-34a1; OCGA, 35-3-35al; OCGA, 35-333a1, the purpose of this program is to provide fingerprint identification and processing of criminal history source documents to create and update criminal history records.

Total Funds Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$10,021,496 $0
$10,021,496 $10,021,496
$0

DEPARTMENTAL ADMINISTRATION Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$6,075,422 $0
$6,075,422 $6,075,422
$0

FUGITIVE SQUADS

Total Funds

$0

Non-State Funds

$0

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

GEORGIA INFORMATION SHARING AND ANALYSIS CENTER Per O.C.G.A. 35-3-63, the purpose of this program is to assist all officials and agencies of the criminal justice system in the fulfillment of their varied responsibilities on a statewide basis by providing round-the-clock access to needed information.

Total Funds

$769,091

THURSDAY, FEBRUARY 17, 2005

549

Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$0 $769,091 $769,091
$0

REGIONAL FORENSIC SERVICES Per O.C.G.A. 40-6-392 and O.C.G.A. 45-16-20, the purpose of this program is to provide pathology services to determine cause and manner of death.

Total Funds

$6,985,122

Non-State Funds

$0

State Funds

$6,985,122

State General Funds

$6,985,122

Intra-State Agency Funds

$0

REGIONAL INVESTIGATIVE SERVICES Per O.C.G.A. 35-3-4 and O.C.G.A. 35-3-8.1, the purpose of this program is to identify, collect, preserve, and process evidence located during crime scene examinations.

Total Funds Non-State Funds

$19,647,817 $0

State Funds

$19,647,817

State General Funds

$19,647,817

Intra-State Agency Funds

$0

SPECIAL OPERATIONS UNIT Per O.C.G.A. 35-3-4 and O.C.G.A. 35-3-8.1, the purpose of this program is to render safe explosive devices of all types.

Total Funds

$675,326

Non-State Funds

$0

State Funds

$675,326

State General Funds

$675,326

Intra-State Agency Funds

$0

STATE HEALTHCARE FRAUD UNIT Per a 1964 Executive Order and the Omnibus Budget Reconciliation Act of 1993, Section 13625, the purpose of this program is to identify, arrest and prosecute providers of health care services who defraud the Medicaid Program.

Total Funds Non-State Funds State Funds

$1,079,429 $0
$1,079,429

278

550

JOURNAL OF THE SENATE

State General Funds Intra-State Agency Funds

$1,079,429 $0

TASK FORCES Per O.C.G.A. 35-3-8.1 and O.C.G.A. 35-3-4, the purpose of this program is to provide the GBI supervisory support to twelve federally funded multi-jurisdictional drug task forces.

Total Funds

$1,144,097

Non-State Funds

$0

State Funds

$1,144,097

State General Funds

$1,144,097

Intra-State Agency Funds

$0

Section 22: Juvenile Justice, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds State General Funds Intra-State Agency Funds Governor's Emergency Funds Indirect DOAS Funds

$288,003,586 $20,924,771 $2,553,800 $18,370,971 $267,078,815 $267,078,815
$0 $0 $0

CHILDREN AND YOUTH COORDINATING COUNCIL Per O.C.G.A. 49-5-131, the purpose of this program is to assist local communities in preventing and reducing juvenile delinquency.

Total Funds

$2,516,424

Non-State Funds

$1,721,744

Federal Funds Not Specifically Identified

$1,721,744

State Funds

$794,680

State General Funds

$794,680

Intra-State Agency Funds

$0

COMMUNITY SUPERVISION Per O.C.G.A. 15-11-2 and O.C.G.A. 15-11-66, the purpose of this program ensures consistent, integrated assessment and classification processes across divisions of the agency that drive effective utilization of placements/beds/resources.

Total Funds Non-State Funds
Other Non-State Funds

$40,278,443 $4,347,003 $4,347,003

THURSDAY, FEBRUARY 17, 2005

551

State Funds State General Funds
Intra-State Agency Funds

$35,931,440 $35,931,440
$0

DEPARTMENTAL ADMINISTRATION
Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$23,540,746 $198,219 $198,219
$23,342,527 $23,342,527
$0

NON-SECURE COMMITMENT Per O.C.G.A. 49-5-3 and O.C.G.A. 15-11-41, the purpose of this program is case management and supervision services provided to committed youth returning home or to a community-based placement from DJJ institutions or other programs.

Total Funds

$49,825,901

Non-State Funds

$10,002,619

Other Non-State Funds State Funds

$10,002,619 $39,823,282

State General Funds

$39,823,282

Intra-State Agency Funds

$0

NON-SECURE DETENTION Per O.C.G.A. 15-11-46, the purpose of the program is to provide in home services to youth to stabilize the family system pending further action by the court.

Total Funds

$7,928,049

Non-State Funds

$0

State Funds

$7,928,049

State General Funds

$7,928,049

Intra-State Agency Funds

$0

SECURE COMMITMENT Per O.C.G.A. 49-5-3 and O.C.G.A. 15-11-41, the purpose of this program is to protect the public, hold youth accountable for their actions, and improve the academic, social, vocational, and behavioral competencies in the most effective manner possible.

Total Funds Non-State Funds
Other Non-State Funds

$83,129,809 $3,151,226
$2,319,170

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Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Agency Funds
SECURE DETENTION Total Funds Non-State Funds Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds Indirect DOAS Funding Governor's Emergency Funds

$832,056 $79,978,583 $79,978,583
$0
$80,784,214 $1,503,960 $1,503,960
$0 $79,280,254 $79,280,254
$0 $0 $0

Section 23: Labor, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds State General Funds Intra-State Agency Funds Indirect DOAS Funds

$351,309,940 $302,846,206 $259,961,987 $42,884,219 $48,313,734 $48,313,734
$150,000 $150,000

BUSINESS ENTERPRISE PROGRAM Per O.C.G.A. 34-15-1 and 20 USC 107d.3(a), the purpose of this program is to assist people who are blind in becoming successful contributors to the state's economy.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Agency Funds

$1,642,361 $1,306,520 $1,306,520
$335,841 $335,841
$0

COMMISSION ON WOMEN Per O.C.G.A. 50-12-80, the purpose of this program is to advance health, education, economic, social and legal status of women in Georgia.

Total Funds

$93,172

THURSDAY, FEBRUARY 17, 2005

553

Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$0 $93,172 $93,172
$0

DEPARTMENT OF LABOR ADMINISTRATION Total Funds Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$14,275,557 $10,928,086 $10,928,086 $3,347,471
$3,347,471 $0

DISABILITY ADJUDICATION SECTION Per O.C.G.A. 34-15-2 and Social Security Act, Title II and Title XVI, the purpose of this program is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support.

Total Funds Non-State Funds

$55,440,421 $55,440,421

Federal Funds Not Specifically Identified

$55,440,421

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

DIVISION OF REHABILITATION ADMINISTRATION
Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Agency Funds

$4,072,678 $1,477,646 $1,477,646 $2,595,032 $2,595,032
$0

GEORGIA INDUSTRIES FOR THE BLIND Per O.C.G.A. 30-2-1 and Javits-Wagner-O'Day Act, the purpose of this program is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin.

Total Funds

$11,776,668

Non-State Funds

$11,099,375

Other Non-State Funds

$11,099,375

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State Funds State General Funds
Intra-State Agency Funds

$677,293 $677,293
$0

LABOR MARKET INFORMATION Per O.C.G.A. 36-88-3 and Title III, Workforce Investment Act of 1998, (29 USC 1,2,2b,8,882,1601) the purpose of this program is to collect, analyze, and publish a wide array of information about the state's labor market.

Total Funds Non-State Funds

$2,885,453 $2,249,873

Federal Funds Not Specifically Identified

$2,249,873

State Funds

$635,580

State General Funds

$635,580

Intra-State Agency Funds

$0

ROOSEVELT WARM SPRINGS INSTITUTE Per O.C.G.A. 34-15-2, the purpose of this program is to empower individuals with disabilities to achieve personal independence.

Total Funds

$30,280,865

Non-State Funds

$24,152,271

Other Non-State Funds

$18,077,411

Federal Funds Not Specifically Identified

$6,074,860

State Funds

$6,053,594

State General Funds

$6,053,594

Intra-State Agency Funds

$75,000

Indirect DOAS Funding

$75,000

SAFETY INSPECTIONS Per O.C.G.A. 34-13-1 and O.C.G.A 34-10, 34-11, 34-12, the purpose of this program is to promote and protect public safety, to provide training and information on workplace exposure to hazardous chemicals, and to promote industrial safety.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Agency Funds

$2,680,417 $168,552 $168,552
$2,511,865 $2,511,865
$0

UNEMPLOYMENT INSURANCE Per O.C.G.A. 34-8-1 and 26 USC 3301 et. seq.; 42 USC 501 et. seq., the purpose

THURSDAY, FEBRUARY 17, 2005

555

of this program is to enhance Georgia's economic strength by collecting unemployment insurance taxes from Georgia's employers.

Total Funds

$45,410,438

Non-State Funds

$36,506,512

Federal Funds Not Specifically Identified

$36,506,512

State Funds

$8,903,926

State General Funds

$8,903,926

Intra-State Agency Funds

$0

VOCATIONAL REHABILITATION PROGRAM Per O.C.G.A. 34-15-2, the purpose of this program is to assist people with disabilities so that they may go to work.

Total Funds

$85,490,956

Non-State Funds

$69,130,083

Other Non-State Funds

$3,306,216

Federal Funds Not Specifically Identified

$65,823,867

State Funds

$16,285,873

State General Funds

$16,285,873

Intra-State Agency Funds

$75,000

Indirect DOAS Funding

$75,000

WORKFORCE DEVELOPMENT Per O.C.G.A. 36-87-2 and Wagner-Peyser Act, as amended by the Workforce Investment Act of 1998, the purpose of this program is to assist employers and job seekers with job matching services and to promote economic growth and development.

Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$97,260,954 $90,386,867 $10,401,217 $79,985,650 $6,874,087
$6,874,087 $0

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

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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.

The Office of Planning and Budget is hereby authorized to transfer funds to the appropriate departmental programs in amounts equal to the departmental remittances to the Office of Treasury and Fiscal Services from agency fund collections.

Section 24: Law, Department of Total Funds Non State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$35,112,280 $21,801,423 $21,801,423 $13,310,857 $13,310,857
$0

LAW, DEPARTMENT OF Per O.C.G.A. 45-15-30 and Article 5, Section 3 of the Constitution of the State of Georgia, the mission of the Department of Law is to serve the citizens of the State of Georgia by providing legal representation of the highest quality to the agencies, officers and employees of state government and by honorably and vigorously carrying out the constitutional and statutory responsibilities of the Attorney General.

Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$35,112,280 $21,801,423 $21,801,423 $13,310,857 $13,310,857
$0

Section 25: State Merit System of Personnel Administration

Total Funds

$13,575,787

Non State Funds

$13,575,787

Other Non-State Funds

$13,575,787

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

THURSDAY, FEBRUARY 17, 2005

557

DEPARTMENTAL ADMINISTRATION Total Funds Non-State Funds Other Non-State Funds State Funds State General Funds Intra-State Agency Funds

$3,907,530 $3,907,530 $3,907,530
$0 $0 $0

RECRUITMENT AND STAFFING SERVICES Per O.C.G.A. 45-20-1, the purpose of this program is to provide a central point of contact for the general public.

Total Funds

$1,307,371

Non-State Funds

$1,307,371

Other Non-State Funds

$1,307,371

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

TOTAL COMPENSATION AND REWARDS Per O.C.G.A. 45-20-1 and Legal Authority continued: 45-21-1 et seq., the purpose of this program is to ensure fair and consistent employee compensation practices across state agencies.

Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$5,102,705 $5,102,705 $5,102,705
$0 $0 $0

WORKFORCE DEVELOPMENT AND ALIGNMENT Per O.C.G.A. 45-20-1, the purpose of this program is to provide continuous opportunities for state employees to grow and develop professionally resulting in increased productivity for state agencies and entities.

Total Funds

$3,258,181

Non-State Funds

$3,258,181

Other Non-State Funds

$3,258,181

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

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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 26: Motor Vehicle Safety, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds State General Funds Intra-State Agency Funds Indirect DOAS Funds

$88,946,205 $9,693,893 $2,496,995 $7,196,898 $77,292,312 $77,292,312 $1,960,000 $1,960,000

COMMERCIAL VEHICLE AND HOV ENFORCEMENT Per O.C.G.A. 40-16-2, the purpose of this program is to enforce high occupancy vehicle lane regulations and commercial vehicles.

Total Funds

$13,340,855

Non-State Funds

$9,693,893

Other Non-State Funds

$7,196,898

Federal Funds Not Specifically Identified

$2,496,995

State Funds

$3,646,962

State General Funds

$3,646,962

Intra-State Agency Funds

$0

DEPARTMENTAL ADMINISTRATION Per O.C.G.A. 40-20-1, the purpose of this program is for administration of license issuance, motor vehicle registration, and commercial truck compliance.

Total Funds

$8,758,624

Non-State Funds

$0

State Funds

$8,758,624

State General Funds

$8,758,624

Intra-State Agency Funds

$0

LICENSE ISSUANCE Per O.C.G.A. 40-5-20, the purpose of this program is for the issuance of Georgia drivers license renewals through alternative methods.

Total Funds

$39,945,164

Non-State Funds

$0

State Funds

$38,965,164

State General Funds

$38,965,164

THURSDAY, FEBRUARY 17, 2005

559

Intra-State Agency Funds Indirect DOAS Funding

$980,000 $980,000

MOTORCYCLE SAFETY Per O.C.G.A. 40-15-1, the purpose of this program is to maintain and improve motorcycle safety.

Total Funds

$0

Non-State Funds

$0

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

SALVAGE INSPECTION Per O.C.G.A. 40-3-37, the purpose of this program is for the inspection of rebuilt salvage vehicles.

Total Funds

$1,638,290

Non-State Funds State Funds

$0 $1,638,290

State General Funds

$1,638,290

Intra-State Agency Funds

$0

TAG AND TITLE REGISTRATION Per O.C.G.A. 40-2-1, the purpose of this program is to establish motor vehicle ownership.

Total Funds

$25,263,272

Non-State Funds

$0

State Funds

$24,283,272

State General Funds

$24,283,272

Intra-State Agency Funds

$980,000

Indirect DOAS Funding

$980,000

Section 27: Natural Resources, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds State General Funds Intra-State Agency Funds Indirect DOAS Funds

$200,081,273 $104,879,460 $20,808,782 $84,070,678 $95,001,813 $95,001,813
$200,000 $200,000

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COASTAL RESOURCES Total Funds Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$2,316,707 $170,862 $170,862
$2,145,845 $2,145,845
$0

DEPARTMENTAL ADMINISTRATION
Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Agency Funds

$8,202,079 $53,814 $53,814
$8,148,265 $8,148,265
$0

ENVIRONMENTAL PROTECTION Total Funds Non-State Funds Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$97,306,658 $66,242,272 $56,391,312 $9,850,960 $31,064,386 $31,064,386
$0

GEORGIA STATE GAMES COMMISSION Per O.C.G.A. 50-12-41, the purpose of this program is to improve the physical fitness of Georgians.

Total Funds

$407,213

Non-State Funds

$332,213

Other Non-State Funds

$332,213

State Funds

$75,000

State General Funds

$75,000

Intra-State Agency Funds

$0

HISTORIC PRESERVATION Per O.C.G.A. 12-3-53, the purpose of this program is to identify, protect and preserve Georgia's historical sites for the enjoyment of present and future generations.

Total Funds

$2,469,828

THURSDAY, FEBRUARY 17, 2005

561

Non-State Funds Federal Funds Not Specifically Identified
State Funds State General Funds
Intra-State Agency Funds

$490,000 $490,000 $1,979,828 $1,979,828
$0

LAND CONSERVATION Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$410,213 $0
$410,213 $410,213
$0

PARKS, RECREATION AND HISTORIC SITES Per O.C.G.A. 12-3-1, the purpose of this program is to increase the public awareness of the opportunities at the state parks and historic sites throughout Georgia.

Total Funds

$36,961,871

Non-State Funds

$19,502,815

Other Non-State Funds

$18,646,874

Federal Funds Not Specifically Identified

$855,941

State Funds

$17,359,056

State General Funds

$17,359,056

Intra-State Agency Funds

$100,000

Indirect DOAS Funding

$100,000

PAYMENTS TO GEORGIA AGRICULTURAL EXPOSITION AUTHORITY
Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$6,395,818 $4,801,458 $4,801,458 $1,594,360 $1,594,360
$0

PAYMENTS TO GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY Per O.C.G.A. 12-3-650, the purpose of this program is to collect, display, and preserve material culture of Georgia's agriculture and rural history and present general public and school groups.

Total Funds

$1,244,990

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Non-State Funds Other Non-State Funds
State Funds State General Funds
Intra-State Agency Funds

$426,027 $426,027 $818,963 $818,963
$0

PAYMENTS TO SOUTHWEST GEORGIA RAILROAD EXCURSION AUTHORITY

Total Funds

$735,099

Non-State Funds

$351,631

Other Non-State Funds

$351,631

State Funds

$383,468

State General Funds

$383,468

Intra-State Agency Funds

$0

POLLUTION PREVENTION ASSISTANCE Per O.C.G.A. 12-8-181, the purpose of this program is to reduce pollution in the by providing non-regulatory assistance.

Total Funds

$931,472

Non-State Funds

$677,763

Other Non-State Funds

$603,913

Federal Funds Not Specifically Identified

$73,850

State Funds

$253,709

State General Funds

$253,709

Intra-State Agency Funds

$0

WILDLIFE RESOURCES Total Funds Non-State Funds Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds Indirect DOAS Funding

$42,699,325 $11,830,605 $2,517,250 $9,313,355 $30,768,720 $30,768,720
$100,000 $100,000

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites

THURSDAY, FEBRUARY 17, 2005

563

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 28: Pardons and Paroles, State Board of

Total Funds Non State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Agency Funds

$44,750,981 $492,150 $492,150
$44,258,831 $44,258,831
$0

CLEMENCY DECISIONS Per O.C.G.A. 42-9-42, the purpose of this program is to comply with Georgia law and Board policy.

Total Funds Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$9,668,395 $0
$9,668,395 $9,668,395
$0

DEPARTMENTAL ADMINISTRATION Per O.C.G.A. 42-9-21, the purpose of this program is to provide support for the agency.

Total Funds

$3,602,656

Non-State Funds

$0

State Funds

$3,602,656

State General Funds

$3,602,656

Intra-State Agency Funds

$0

PAROLE SUPERVISION Per O.C.G.A. 42-9-0, the purpose of this program is for transitioning offenders

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from prison back into the community as productive, law abiding citizens.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Agency Funds

$31,479,930 $492,150 $492,150
$30,987,780 $30,987,780
$0

Section 29: Public Safety, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds State General Funds Intra-State Agency Funds Indirect DOAS Funds

$94,134,463 $7,952,445 $3,166,937 $4,785,508 $85,192,018 $85,192,018
$990,000 $990,000

AVIATION Per O.C.G.A. 35-2-32, the purpose of this program is to provide air support to the Georgia State Patrol and other state, federal, and local agencies in support of public safety interest for the citizens of Georgia.

Total Funds

$2,229,016

Non-State Funds

$0

State Funds State General Funds

$2,229,016 $2,229,016

Intra-State Agency Funds

$0

CAPITOL POLICE SERVICES Per O.C.G.A. 35-2-33, the purpose of this program is to protect life and property; prevent and detect criminal acts, and enforce traffic regulations throughout Capitol Hill.

Total Funds Non-State Funds

$3,151,435 $3,151,435

Other Non-State Funds

$3,151,435

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

DEPARTMENTAL ADMINISTRATION

THURSDAY, FEBRUARY 17, 2005

565

Total Funds Non-State Funds State Funds
State General Funds Intra-State Agency Funds
Indirect DOAS Funding

$9,231,015 $0
$8,241,015 $8,241,015
$990,000 $990,000

EXECUTIVE SECURITY SERVICES Per O.C.G.A. 35-2-73, the purpose of this program is to provide facility security for the Governor's Mansion and personal security for the residents; and to provide continual security for the Governor, the Lieutenant Governor, the Speaker of the House and their families.

Total Funds

$1,026,201

Non-State Funds

$0

State Funds

$1,026,201

State General Funds

$1,026,201

Intra-State Agency Funds

$0

FIELD OFFICES AND SERVICES Per O.C.G.A. 35-2-32, the purpose the Criminal Interdiction Unit represents an active statewide commitment to reduce drug trafficking in the State of Georgia by networking with other state, federal and local law enforcement agencies.

Total Funds Non-State Funds State Funds
State General Funds Intra-State Agency Funds
Indirect DOAS Funding

$55,690,003 $0
$55,690,003 $55,690,003
$0 $0

FIRE ACADEMY, GEORGIA Per O.C.G.A. 25-7-2, the purpose of this program is to provide professionally trained, competent and ethical firefighters with the proper equipment and facilities and to establish professional standards for fire service training including consulting, testing and certification.

Total Funds

$1,132,053

Non-State Funds

$152,680

Other Non-State Funds

$152,680

State Funds

$979,373

State General Funds

$979,373

Intra-State Agency Funds

$0

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FIREFIGHTER STANDARDS AND TRAINING COUNCIL, GEORGIA Per O.C.G.A. 25-3-22, the purpose of this program is to provide minimum certification standards for all firefighters and public safety professionals.

Total Funds Non-State Funds

$470,634 $0

State Funds

$470,634

State General Funds

$470,634

Intra-State Agency Funds

$0

HIGHWAY SAFETY, OFFICE OF Per O.C.G.A. 40-10-1 and 23 USC:401 (Highway Safety Act of 1967 as Amended by TEA-21), the purpose of this program is to educate the public on highway safety issues and facilitate the implementation of programs that reduce crashes, injuries and fatalities on Georgia roadways.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Agency Funds

$3,654,404 $3,166,937 $3,166,937
$487,467 $487,467
$0

PEACE OFFICER STANDARDS AND TRAINING COUNCIL, GEORGIA

Total Funds

$2,093,777

Non-State Funds

$0

State Funds

$2,093,777

State General Funds

$2,093,777

Intra-State Agency Funds

$0

POLICE ACADEMY, GEORGIA Per O.C.G.A. 35-4-1, the purpose of this program is to research, develop and deliver the mandated 40 hour basic coroner training and the 24 hour annual inservice training for all coroners and deputy coroners.

Total Funds

$1,226,513

Non-State Funds

$121,094

Other Non-State Funds

$121,094

State Funds

$1,105,419

State General Funds Intra-State Agency Funds

$1,105,419 $0

PUBLIC SAFETY TRAINING CENTER, GEORGIA

THURSDAY, FEBRUARY 17, 2005

567

Per O.C.G.A. 35-5-1, the department is charged with the development, delivery and facilitation of training that results in professional and competent public safety services for the people of Georgia.

Total Funds Non-State Funds

$10,000,160 $1,360,299

Other Non-State Funds

$1,360,299

State Funds

$8,639,861

State General Funds

$8,639,861

Intra-State Agency Funds

$0

SPECIALIZED COLLISION RECONSTRUCTION TEAM Per O.C.G.A. 35-2-32, the purpose of this program is for the Georgia State Patrol Specialized Collision Reconstruction Teams' (SCRT) to provide a means by which fatal crashes can be investigated thoroughly by specially trained investigators.

Total Funds Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$2,035,024 $0
$2,035,024 $2,035,024
$0

TROOP J SPECIALTY UNITS Per O.C.G.A. 35-2-32, the Implied Consent Unit is charged with the responsibility of supporting the Forensics Science Division of the GBI by overseeing and maintaining the entire breath-alcohol program for the State of Georgia. Members of the unit provide crucial expert testimony in DUI cases, as well as a number of services to various law enforcement and judicial agencies at the state, county and city level.

Total Funds Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$2,194,228 $0
$2,194,228 $2,194,228
$0

Section 30: Public Service Commission Total Funds Non State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Agency Funds

$8,352,415 $273,311 $273,311
$8,079,104 $8,079,104
$0

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DEPARTMENTAL ADMINISTRATION Per O.C.G.A. 46-2-1, the purpose of the Administration Program is to assist the Commissioners and staff in achieving the agency's goals.

Total Funds

$1,124,307

Non-State Funds

$0

State Funds

$1,124,307

State General Funds

$1,124,307

Intra-State Agency Funds

$0

FACILITIES PROTECTION Per O.C.G.A. 46-2-7 and the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 1967), the purpose of this is to provide for the protection of the buried utility facility infrastructure within the State of Georgia.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Agency Funds

$855,004 $273,311 $273,311 $581,693 $581,693
$0

GEORGIA NO CALL Per O.C.G.A. 46-5-27, the purpose of this program is to reduce unwanted telephone solicitations by allowing subscribers to register their residential telephone or cell phone numbers to a no call list.

Total Funds

$0

Non-State Funds

$0

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

UTILITIES REGULATION Per O.C.G.A. 46-2-7 and O.C.G.A. 46-2-20, the purpose of this program is to regulate intrastate telecommunications, natural gas, and electric utilities.

Total Funds

$6,373,104

Non-State Funds

$0

State Funds

$6,373,104

State General Funds

$6,373,104

Intra-State Agency Funds

$0

Section 31: Regents, University System of Georgia

THURSDAY, FEBRUARY 17, 2005

569

Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds Tobacco Funds State General Funds Intra-State Agency Funds Indirect DOAS Funds

$4,339,693,180 $2,660,467,711
$2,509,208 $2,657,958,503 $1,675,642,469
$6,243,177 $1,669,399,292
$3,583,000 $3,583,000

ADVANCED TECHNOLOGY DEVELOPMENT CENTER/ECONOMIC DEVELOPMENT INSTITUTE Per O.C.G.A. 10-10-1 and Established by the Governor and General Assembly as an economic development entity within University, the purpose of this provide strategic business advice and connect its member companies to the people and resources they need to succeed.

Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$21,832,030 $13,493,757 $13,493,757 $8,338,273
$8,338,273 $0

AGRICULTURAL EXPERIMENT STATION Per O.C.G.A. 20-3-31 and Title 20-3-31 Official Georgia Code Annotated., the purpose of this program is to improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competitiveness.

Total Funds

$72,177,551

Non-State Funds

$32,345,362

Other Non-State Funds

$32,345,362

State Funds

$39,736,289

State General Funds

$39,736,289

Intra-State Agency Funds

$95,900

Indirect DOAS Funding

$95,900

ATHENS AND TIFTON VETERINARY LABORATORIES Per O.C.G.A. 20-3-20, the purpose of this program is to provide veterinarians and regulatory agencies with diagnostic support and surveillance for naturally occurring diseases affecting livestock, companion animals, and wildlife.

Total Funds

$4,694,697

288

570

JOURNAL OF THE SENATE

Non-State Funds Other Non-State Funds
State Funds State General Funds
Intra-State Agency Funds

$4,653,970 $4,653,970
$40,727 $40,727
$0

COOPERATIVE EXTENSION SERVICE Per O.C.G.A. 20-3-31, the purpose of this program is to enhance the quality of life for Georgia's citizens through service, learning and the adaptation of research based information.

Total Funds Non-State Funds

$54,418,173 $22,967,437

Other Non-State Funds

$22,967,437

State Funds

$31,324,036

State General Funds

$31,324,036

Intra-State Agency Funds

$126,700

Indirect DOAS Funding

$126,700

GEORGIA MILITARY COLLEGE Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$2,831,338 $0
$2,831,338 $2,831,338
$0

GEORGIA RADIATION THERAPY CENTER Per O.C.G.A. 20-3-20, the purpose of this program is to provide patient care and education.

Total Funds

$3,625,810

Non-State Funds

$3,625,810

Other Non-State Funds

$3,625,810

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$0

GEORGIA TECH RESEARCH INSTITUTE Per O.C.G.A. 20-11-1, the purpose of this program is to aid in the promotion of scientific, engineering, and industrial research for the advancement of science, technology and education in Georgia.

Total Funds

$136,895,242

THURSDAY, FEBRUARY 17, 2005

571

Non-State Funds Other Non-State Funds
State Funds State General Funds
Intra-State Agency Funds Indirect DOAS Funding

$130,159,352 $130,159,352
$6,618,290 $6,618,290
$117,600 $117,600

MARINE INSTITUTE Per O.C.G.A. 20-12-2, the purpose of this program is to understand the processes that affect the condition of the salt marsh and coastline.

Total Funds

$1,705,789

Non-State Funds

$767,633

Other Non-State Funds

$767,633

State Funds

$938,156

State General Funds

$938,156

Intra-State Agency Funds

$0

MARINE RESOURCES EXTENSION CENTER Per O.C.G.A. 20-12-2, the purpose of this program is to transfer technology, provide training, and conduct applied research.

Total Funds

$2,614,460

Non-State Funds

$1,175,000

Other Non-State Funds

$1,175,000

State Funds

$1,429,660

State General Funds

$1,429,660

Intra-State Agency Funds

$9,800

Indirect DOAS Funding

$9,800

MEDICAL COLLEGE OF GEORGIA HOSPITAL AND CLINICS Per O.C.G.A. 20-3-20 the purpose of this program is to care, teach, and refer clients.

Total Funds

$193,500

Non-State Funds

$0

State Funds

$0

State General Funds

$0

Intra-State Agency Funds

$193,500

Indirect DOAS Funding

$193,500

PUBLIC LIBRARIES Per O.C.G.A. 20-2-305, the purpose of this program is to provide library services

289

572

JOURNAL OF THE SENATE

for Georgians.
Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$35,844,024 $2,509,208
$0 $2,509,208 $33,334,816 $33,334,816
$0

PUBLIC SERVICE Per O.C.G.A. 20-3-20, the purpose of this program is to provide leadership, service, and education.

Total Funds

$30,889,014

Non-State Funds

$0

State Funds

$30,889,014

State General Funds

$30,889,014

Intra-State Agency Funds

$0

PUBLIC TELECOMMUNICATIONS COMMISSION, GEORGIA

Total Funds

$31,519,544

Non-State Funds

$14,224,291

Other Non-State Funds

$14,224,291

State Funds

$17,295,253

State General Funds

$17,295,253

Intra-State Agency Funds

$0

RESEARCH CONSORTIUM Per O.C.G.A. 20-3-20 and Research Consortium, the purpose of this program is to conduct research to further industry in the State of Georgia.

Total Funds

$26,894,260

Non-State Funds

$0

State Funds

$26,894,260

Tobacco Funds

$6,243,177

State General Funds

$20,651,083

Intra-State Agency Funds

$0

SKIDAWAY INSTITUTE OF OCEANOGRAPHY Per O.C.G.A. 20-12-2 and Section 5 of Senate Bill 75, 1967 Reorganization Act of 1972, the purpose of this program is to provide a center of excellence in marine and ocean science research, which expands the body of knowledge on marine

THURSDAY, FEBRUARY 17, 2005

573

environments.
Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$7,164,343 $5,633,000 $5,633,000 $1,531,343 $1,531,343
$0

TEACHING Per O.C.G.A. 20-3-31, the purpose of this program is to establish all such schools of learning or art as may be useful to the state and to organize them in the way most likely to attain the ends desired.

Total Funds

$3,857,345,938

Non-State Funds

$2,422,212,891

Other Non-State Funds

$2,422,212,891

State Funds

$1,432,093,547

State General Funds

$1,432,093,547

Intra-State Agency Funds

$3,039,500

Indirect DOAS Funding

$3,039,500

UNIVERSITY SYSTEM OFFICE Per O.C.G.A. 20-3-21, the purpose of this program is to provide administrative support to all colleges and universities in the university system.

Total Funds

$38,781,919

Non-State Funds

$0

Other Non-State Funds

$0

State Funds

$38,781,919

State General Funds

$38,781,919

Intra-State Agency Funds

$0

VETERINARY MEDICINE EXPERIMENT STATION Per O.C.G.A. 20-3-20, the purpose of this program is to is to coordinate and conduct research on animal disease problems of present and potential concern to Georgia's livestock and poultry industries.

Total Funds

$3,094,649

Non-State Funds State Funds

$0 $3,094,649

State General Funds

$3,094,649

Intra-State Agency Funds

$0

290

574

JOURNAL OF THE SENATE

VETERINARY MEDICINE TEACHING HOSPITAL Per O.C.G.A. 20-3-20, the purpose of the program is to provide state of the art capabilities in diagnostic imaging, including MRI, CT scanning, nuclear scintigraphy, and various methods of ultrasonography.

Total Funds

$7,170,899

Non-State Funds

$6,700,000

Other Non-State Funds

$6,700,000

State Funds

$470,899

State General Funds

$470,899

Intra-State Agency Funds

$0

Section 32: Revenue, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds Tobacco Funds State General Funds Intra-State Agency Funds Indirect DOAS Funds

$513,134,733 $8,046,434 $0 $8,046,434
$502,543,299 $150,000
$502,393,299 $2,545,000 $2,545,000

CUSTOMER SERVICE Per O.C.G.A. 48-2-7, the purpose of this program is to provide taxpayer assistance for general to specific telephone questions.

Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$11,602,455 $2,110,135 $2,110,135 $9,492,320 $9,492,320
$0

DEPARTMENTAL ADMINISTRATION Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$5,325,389 $0
$5,325,389 $5,325,389
$0

GRANTS AND DISTRIBUTION Per O.C.G.A. 36-17-24, the purpose of this program is to provide ad valorem tax

THURSDAY, FEBRUARY 17, 2005

575

relief to homeowners.
Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$429,217,268 $0 $0
$429,217,268 $429,217,268
$0

INDUSTRY REGULATION Per O.C.G.A. 48-17-2, the purpose of this program is to ensure all coin operated amusement machines are properly licenced and decaled.

Total Funds

$4,461,803

Non-State Funds

$0

Other Non-State Funds

$0

Federal Funds Not Specifically Identified

$0

State Funds

$4,461,803

Tobacco Funds

$150,000

State General Funds

$4,311,803

Intra-State Agency Funds

$0

REVENUE PROCESSING Per O.C.G.A. 48-2-7, the purpose of this program is to provide complete and correct data from processed returns.

Total Funds

$29,801,064

Non-State Funds

$2,120,536

Other Non-State Funds

$2,120,536

Federal Funds Not Specifically Identified

$0

State Funds

$27,680,528

State General Funds

$27,680,528

Intra-State Agency Funds

$0

Indirect DOAS Funding

$0

STATE BOARD OF EQUALIZATION Per O.C.G.A. 48-2-18, the purpose of this program is to examine the proposed assessments of each class of taxpayers or property and the digest of proposed assessments as a whole to determine that they are reasonably apportioned among the several tax jurisdictions and reasonably uniform with the values set on other classes of property throughout the state.

Total Funds

$5,000

291

576

JOURNAL OF THE SENATE

Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$0 $5,000 $5,000
$0

TAX COMPLIANCE Per O.C.G.A. 48-2-7, the purpose of this program is to reconcile amounts of taxes paid with amount of taxes owed.

Total Funds

$32,721,754

Non-State Funds

$3,815,763

Other Non-State Funds

$3,815,763

Federal Funds Not Specifically Identified

$0

State Funds

$26,360,991

State General Funds

$26,360,991

Intra-State Agency Funds

$2,545,000

Indirect DOAS Funding

$2,545,000

For purposes of homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $10,000 for the taxable year beginning January 1, 2004.

Section 33: Secretary of State Total Funds Non State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$36,405,152 $1,064,350 $1,064,350 $35,340,802 $35,340,802
$0

ARCHIVES AND RECORDS Per O.C.G.A. 45-13-40, the purpose of this program is to promote and support the preservation and accessibility to governmental and non-governmental records determined to be of long-term use and value to the people of Georgia.

Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$6,623,366 $75,000 $75,000
$6,548,366 $6,548,366
$0

THURSDAY, FEBRUARY 17, 2005

577

BUSINESS SERVICES - CORPORATIONS Per O.C.G.A. 0-0-0, the purpose of this program is to provide businesses in the State of Georgia with information, forms, and applications concerning trademarks, corporate dissolution, and corporate law.

Total Funds

$1,810,154

Non-State Funds

$739,350

Other Non-State Funds

$739,350

State Funds

$1,070,804

State General Funds

$1,070,804

Intra-State Agency Funds

$0

BUSINESS SERVICES - SECURITIES Per O.C.G.A. 0-0-0, the purpose of this program is to protect Georgia consumers through regulation and enforcement activities of pre-need and perpetual care organizations.

Total Funds

$1,880,144

Non-State Funds

$50,000

Other Non-State Funds

$50,000

State Funds State General Funds

$1,830,144 $1,830,144

Intra-State Agency Funds

$0

CAPITOL EDUCATION CENTER Per O.C.G.A. 8-5-3 and Executive Order, the purpose of the Capitol Education Center is to educate Georgians on the importance of civic involvement, the functions of state government, and the history of the State Capitol.

Total Funds Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$405,553 $0
$405,553 $405,553
$0

DEPARTMENTAL ADMINISTRATION Per O.C.G.A. 43-13-1 and Article V - Section III, Constitution of the State of Georgia, the purpose of this program is to provide administrative support to the Office of Secretary of State and its attached agencies.

Total Funds

$5,082,275

Non-State Funds

$30,000

Other Non-State Funds

$30,000

State Funds

$5,052,275

292

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JOURNAL OF THE SENATE

State General Funds Intra-State Agency Funds

$5,052,275 $0

ELECTIONS Per O.C.G.A. 45-13-20, the purpose of this program is to assure fair and honest elections throughout the state.

Total Funds

$7,012,966

Non-State Funds

$20,000

Other Non-State Funds

$20,000

State Funds

$6,992,966

State General Funds

$6,992,966

Intra-State Agency Funds

$0

GEORGIA COMMISSION ON THE HOLOCAUST Per O.C.G.A. 50-12-130, the purpose of this program is to teach the lessons of the Holocaust to present and future generations of Georgians in order to create an awareness of the enormity of the crimes of prejudice and inhumanity and a vigilance to prevent their recurrence.

Total Funds

$240,081

Non-State Funds

$0

State Funds

$240,081

State General Funds

$240,081

Intra-State Agency Funds

$0

GEORGIA DRUGS AND NARCOTICS AGENCY Per O.C.G.A. 26-4-29, the purpose of this program is to protect the health, safety, and welfare of the general public by providing an enforcement presence to oversee all laws and regulations pertaining to controlled substances and dangerous drugs.

Total Funds

$1,200,010

Non-State Funds

$0

State Funds

$1,200,010

State General Funds

$1,200,010

Intra-State Agency Funds

$0

PROFESSIONAL LICENSING BOARDS Per O.C.G.A. 43-1-1 and Title 43 et. seq. covers licensing for 36 professions and occupations, the purpose of this program is to protect the public health and welfare by supporting all operations of Boards which license professions.

Total Funds Non-State Funds

$8,778,901 $150,000

THURSDAY, FEBRUARY 17, 2005

579

Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$150,000 $8,628,901 $8,628,901
$0

REAL ESTATE COMMISSION Per O.C.G.A. 43-40-0 and O.C.G.A. 43-39A Real Estate Appraiser Licensing and Regulation Act., the purpose of this program is to administer the license law that regulates brokers, salespersons, and community association managers. In addition, the Real Estate Commission supplies staff support to the Georgia Real Estate Appraisers Board, but has no authority over the administration of the Georgia Appraisal Act.

Total Funds Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$2,649,409 $0
$2,649,409 $2,649,409
$0

STATE ETHICS COMMISSION Per O.C.G.A. 21-5-1, the purpose of this program is to protect the integrity of the democratic process and to ensure fair elections with the public disclosure of campaign financing and significant private interests of public officers and candidates for public office.

Total Funds

$722,293

Non-State Funds

$0

State Funds

$722,293

State General Funds

$722,293

Intra-State Agency Funds

$0

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 34: Soil and Water Conservation Commission Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds State General Funds Intra-State Agency Funds

$5,319,931 $2,341,942
$476,405 $1,865,537 $2,977,989 $2,977,989
$0

293

580

JOURNAL OF THE SENATE

CONSERVATION OF AGRICULTURAL WATER SUPPLIES Per O.C.G.A. 2-6-27 and All Legal authorities provided are O.C.G.A., the purpose of this program is to conserve the use of Georgia's ground and surface water by agricultural water users.

Total Funds

$1,935,710

Non-State Funds

$1,701,537

Other Non-State Funds

$1,701,537

State Funds

$234,173

State General Funds

$234,173

Intra-State Agency Funds

$0

CONSERVATION OF SOIL AND WATER RESOURCES Per O.C.G.A. 2-6-20 and All Legal Authorities listed are O.C.G.A., the purpose of this program is to conserve Georgia's rich natural resources through voluntary emplementation of conservation best management practices on agricultural lands.

Total Funds

$1,708,334

Non-State Funds

$573,405

Other Non-State Funds

$164,000

Federal Funds Not Specifically Identified State Funds

$409,405 $1,134,929

State General Funds

$1,134,929

Intra-State Agency Funds

$0

DEPARTMENTAL ADMINISTRATION Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$547,145 $0
$547,145 $547,145
$0

WATER RESOURCES AND LAND USE PLANNING Per O.C.G.A. 2-6-20, the purpose of this program is to improve the understanding of water use and to develop plans that improve water management and efficiency.

Total Funds

$1,102,116

Non-State Funds

$67,000

Federal Funds Not Specifically Identified State Funds

$67,000 $1,035,116

State General Funds

$1,035,116

Intra-State Agency Funds

$0

THURSDAY, FEBRUARY 17, 2005

581

WATERSHED FLOOD CONTROL UNIT Per O.C.G.A. 2-6-27, the purpose of this program is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens.

Total Funds Non-State Funds

$26,626 $0

State Funds

$26,626

State General Funds

$26,626

Intra-State Agency Funds

$0

Section 35: Student Finance Commission and Authority, Georgia

Total Funds

$538,769,577

Non State Funds

$520,653

Federal Funds Not Specifically Identified

$520,653

State Funds

$538,248,924

Lottery Funds

$500,643,778

State General Funds

$37,605,146

Intra-State Agency Funds

$0

ACCEL Total Funds Non-State Funds State Funds Lottery Funds State General Funds Intra-State Agency Funds

$6,000,000 $0
$6,000,000 $6,000,000
$0 $0

ENGINEER SCHOLARSHIP Total Funds Non-State Funds State Funds Lottery Funds State General Funds Intra-State Agency Funds

$760,000 $0
$760,000 $760,000
$0 $0

GEORGIA MILITARY COLLEGE SCHOLARSHIP Total Funds Non-State Funds State Funds Lottery Funds State General Funds

$770,477 $0
$770,477 $770,477
$0

294

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JOURNAL OF THE SENATE

Intra-State Agency Funds
GEORGIA MILITARY/NORTH GA. COLLEGE TRANSFER SCHOLARSHIP
Total Funds Non-State Funds State Funds
State General Funds Intra-State Agency Funds
GOVERNOR'S SCHOLARSHIP PROGRAM Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds
GUARANTEED EDUCATIONAL LOANS Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds
HOPE ADMINISTRATION Total Funds Non-State Funds State Funds Lottery Funds State General Funds Intra-State Agency Funds
HOPE GED Total Funds Non-State Funds State Funds Lottery Funds State General Funds Intra-State Agency Funds

$0
$22,427 $0
$22,427 $22,427
$0
$2,530,150 $0
$2,530,150 $2,530,150
$0
$3,477,477 $0
$3,477,477 $3,477,477
$0
$4,863,857 $0
$4,863,857 $4,863,857
$0 $0
$2,751,194 $0
$2,751,194 $2,751,194
$0 $0

THURSDAY, FEBRUARY 17, 2005

583

HOPE GRANT Total Funds Non-State Funds State Funds Lottery Funds State General Funds Intra-State Agency Funds
HOPE SCHOLARSHIPS - PRIVATE SCHOOLS Total Funds Non-State Funds State Funds Lottery Funds State General Funds Intra-State Agency Funds
HOPE SCHOLARSHIPS - PUBLIC SCHOOLS Total Funds Non-State Funds State Funds Lottery Funds State General Funds Intra-State Agency Funds

$116,786,480 $0
$116,786,480 $116,786,480
$0 $0
$45,388,740 $0
$45,388,740 $45,388,740
$0 $0
$311,504,614 $0
$311,504,614 $311,504,614
$0 $0

LAW ENFORCEMENT DEPENDENTS GRANT
Total Funds Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$61,339 $0
$61,339 $61,339
$0

LEVERAGING EDUCATIONAL ASSISTANCE PARTNERSHIP PROGRAM (LEAP)

Total Funds

$1,487,410

Non-State Funds

$520,653

Federal Funds Not Specifically Identified

$520,653

State Funds

$966,757

State General Funds

$966,757

Intra-State Agency Funds

$0

295

584

JOURNAL OF THE SENATE

NONPUBLIC POSTSECONDARY EDUC COMMISSION Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds
NORTH GA. MILITARY SCHOLARSHIP GRANTS Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds
NORTH GEORGIA ROTC GRANTS Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds
PROMISE II SCHOLARSHIP Total Funds Non-State Funds State Funds Lottery Funds State General Funds Intra-State Agency Funds
PROMISE SCHOLARSHIP Total Funds Non-State Funds State Funds Lottery Funds State General Funds Intra-State Agency Funds
PUBLIC MEMORIAL SAFETY GRANT Total Funds Non-State Funds

$632,569 $0
$632,569 $632,569
$0
$661,524 $0
$661,524 $661,524
$0
$432,479 $0
$432,479 $432,479
$0
$374,590 $0
$374,590 $374,590
$0 $0
$5,855,278 $0
$5,855,278 $5,855,278
$0 $0
$255,850 $0

THURSDAY, FEBRUARY 17, 2005

585

State Funds Lottery Funds State General Funds
Intra-State Agency Funds
TEACHER SCHOLARSHIP Total Funds Non-State Funds State Funds Lottery Funds State General Funds Intra-State Agency Funds
TUITION EQUALIZATION GRANTS Total Funds Non-State Funds State Funds State General Funds Intra-State Agency Funds

$255,850 $255,850
$0 $0
$5,332,698 $0
$5,332,698 $5,332,698
$0 $0
$28,820,424 $0
$28,820,424 $28,820,424
$0

Section 36: Teachers' Retirement System Total Funds Non State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$25,957,539 $23,819,539 $23,819,539
$2,138,000 $2,138,000
$0

DEPARTMENTAL ADMINISTRATION Per O.C.G.A. 47-1-1, the purpose of this program is to provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing.

Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$23,819,539 $23,819,539 $23,819,539
$0 $0 $0

FLOOR/COLA, LOCAL SYSTEM FUND Per O.C.G.A. 47-1-3, the purpose of this program is to provide retirees from local

296

586

JOURNAL OF THE SENATE

retirement systems a minimum allowance upon retirement and a post-retirement benefit adjustment (COLA) whenever such adjustment is granted to teachers who retired under TRS.

Total Funds Non-State Funds

$2,138,000 $0

State Funds

$2,138,000

State General Funds

$2,138,000

Intra-State Agency Funds

$0

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 37: Technical Education, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds State General Funds Intra-State Agency Funds

$374,017,328 $75,747,117 $19,814,459 $55,932,658 $298,270,211 $298,270,211
$0

ADULT LITERACY Per O.C.G.A. 20-4-15 and 1988 legislation placed Office of Adult Literacy under the authority of DTAE. O.C.G.A. 20-4-15, the purpose of this program is to enable every adult learner in Georgia to acquire the necessary basic skills -- reading, writing, computation, speaking, and listening -- to compete successfully in today's workplace, strengthen family foundations, and exercise full citizenship.

Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$19,822,122 $8,143,219 $1,121,886 $7,021,333 $11,678,903 $11,678,903
$0

DEPARTMENTAL ADMINISTRATION Total Funds Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds

$4,965,421 $0 $0
$4,965,421 $4,965,421

THURSDAY, FEBRUARY 17, 2005

587

Intra-State Agency Funds

$0

ECONOMIC DEVELOPMENT Per O.C.G.A. 20-4-22 and In 1988, legislation placed Quick Start under the authority of DTAE O.C.G.A.20-4-22, the purpose is to provide a number of programs and services designed to assist businesses and industries with their training needs. These include Quick Start, as well as other programs delivered through the Office of Economic Development Programs at each technical college.

Total Funds Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$12,073,404 $0
$12,073,404 $12,073,404
$0

TECHNICAL EDUCATION Per O.C.G.A. 20-4-11 and Quality Education Act of 1985, the purpose of this program is to provide quality technical education and special workforce services. The primary role is to ensure that all programs and services excel in meeting the individual's need for career success and the community's need for continued economic growth and development.

Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Agency Funds

$337,156,381 $67,603,898 $54,810,772 $12,793,126 $269,552,483 $269,552,483
$0

Section 38: Transportation, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds Motor Fuel Funds State General Funds Intra-State Agency Funds

$1,646,363,776 $1,036,640,507 $1,007,870,672
$28,769,835 $609,723,269 $593,382,153 $16,341,116
$0

AIR TRANSPORTATION Per O.C.G.A. 32-2-2 and 32-2-2(a)(16), the purpose of this program is to provide transportation to state officials and companies considering a move to Georgia.

297

588

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Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$1,913,591 $657,795 $657,795
$1,255,796 $1,255,796
$0

AVIATION Per O.C.G.A. 32-2-2 and O.C.G.A. 32-2-2(a)(17), the purpose of this program supports statewide economic development by providing the infrastructure for a safe, efficient and adequate air transportation system.

Total Funds

$3,947,380

Non-State Funds

$0

Other Non-State Funds

$0

State Funds State General Funds

$3,947,380 $3,947,380

Intra-State Agency Funds

$0

CONSTRUCT AND IMPROVE THE STATE HIGHWAY SYSTEM Per O.C.G.A. 32-2-60 and O.C.G.A. 32-2-60 thru 32-2-77; 23 U.S.C.A. 112,134; 23 CFR Part 635, the purpose of this program is to ensure a safe and efficient transportation system.

Total Funds

$1,046,000,727

Non-State Funds

$771,187,388

Other Non-State Funds

$9,417,419

Federal Funds Not Specifically Identified

$761,769,969

State Funds

$274,813,339

State Motor Fuel

$274,813,339

State General Funds

$0

Intra-State Agency Funds

$0

DATA COLLECTION, COMPLIANCE AND REPORTING Per O.C.G.A. 32-2-4 and 23 U.S.C.A. 141,23 U.S.C.A. 152, 23 U.S.C.A. 307, the purpose of this program is to provide quality transportation data products in the appropriate format within an acceptable timeframe that meet the needs of the state's business partners.

Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified

$5,503,825 $4,007,754
$109,250 $3,898,504

THURSDAY, FEBRUARY 17, 2005

589

State Funds State Motor Fuel State General Funds
Intra-State Agency Funds

$1,496,071 $1,496,071
$0 $0

DEPARTMENTAL ADMINISTRATION Total Funds Non-State Funds Other Non-State Funds Federal Funds Not Specifically Identified State Funds State Motor Fuel State General Funds Intra-State Agency Funds

$50,807,188 $11,367,744 $2,055,789 $9,311,955 $39,439,444 $39,439,444
$0 $0

LOCAL ROAD ASSISTANCE Per O.C.G.A. 32-2-7, the purpose of this program is for contracts with local governments to assist in the construction and reconstruction of their road and street systems.

Total Funds

$147,546,892

Non-State Funds

$64,284,821

Other Non-State Funds

$3,346,196

Federal Funds Not Specifically Identified

$60,938,625

State Funds State Motor Fuel

$83,262,071 $83,262,071

State General Funds

$0

Intra-State Agency Funds

$0

MAINTAIN STATE HIGHWAY SYSTEM Per O.C.G.A. 32-6-1 and 23 U.S.C.A. 116; 23 CFR Part 635; 23 U.S.C.A. 144; 23 CFR Part 650; 23 U.S.C.A. 136; 23 U.S.C., the purpose of this program is to coordinate all statewide maintenance activities.

Total Funds

$321,078,376

Non-State Funds

$143,093,130

Other Non-State Funds

$8,640,447

Federal Funds Not Specifically Identified

$134,452,683

State Funds

$177,985,246

State Motor Fuel

$177,985,246

State General Funds

$0

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Intra-State Agency Funds

$0

OPERATE STATE HIGHWAY SYSTEM Per O.C.G.A. 32-6-170 and 23 U.S.C.A. 127, 23 U.S.C.A. 149, the purpose of this program is to protect the traveling public and the state highway system by minimizing impact of railroads, utilities and oversize/overweight truck loads and regulating aspects of motor vehicles to comply with state law.

Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified State Funds State Motor Fuel State General Funds Intra-State Agency Funds

$45,567,426 $29,181,444 $4,540,939 $24,640,505 $16,385,982 $16,385,982
$0 $0

PORTS AND WATERWAYS Per O.C.G.A. 32-2-2 and 32-2-2(a)(18), the purpose of this program is to maintain the navigability of the Atlantic Intracoastal Waterway and GA's deep water ports to promote international trade.

Total Funds

$956,024

Non-State Funds

$0

Other Non-State Funds

$0

State Funds

$956,024

State General Funds

$956,024

Intra-State Agency Funds

$0

RAIL Per O.C.G.A. 32-9-6 and 49 CFR Parts 200 thru 268; O.C.G.A. 46-9-270, "Georgia Rail Passenger Authority Law", the purpose of this program is to oversee the construction, financing, operation, and development of rail passenger service and other public transportation projects within and without the state of Georgia.

Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$1,444,313 $0 $0
$1,444,313 $1,444,313
$0

TRANSIT

THURSDAY, FEBRUARY 17, 2005

591

Per O.C.G.A. 32-9-1 and 23 U.S.C.A. 142; 49 U.S.C.A. 5303, 5307, 5309, and 5311; 49 CFR Part 601 thru 665, the purpose of this program is to preserve and enhance the state's urban and rural public transit programs by providing financial and technical assistance to Georgia's transit systems.

Total Funds

$21,598,034

Non-State Funds

$12,860,431

Other Non-State Funds

$2,000

Federal Funds Not Specifically Identified

$12,858,431

State Funds

$8,737,603

State General Funds

$8,737,603

Intra-State Agency Funds

$0

For this and all future general appropriations acts, it is the intent of this General

Assembly that the following provisions apply:

a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services. b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget. c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid. d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in 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.

Section 39: Veterans Service, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified

$31,755,806 $10,732,685 $10,732,685

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State Funds State General Funds
Intra-State Agency Funds

$21,023,121 $21,023,121
$0

AUGUSTA NURSING HOME Per O.C.G.A. 38-4-2, the purpose of this program is to provide skilled nursing care to chronically ill veterans.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Agency Funds

$7,536,580 $3,104,750 $3,104,750 $4,431,830 $4,431,830
$0

DEPARTMENTAL ADMINISTRATION Per O.C.G.A. 38-4-1, the purpose of this program is to coordinate, manage and supervise all aspects of department operations to include financial, public information, personnel, accounting, purchasing and supply, mail, and information.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Agency Funds

$906,797 $79,875 $79,875 $826,922 $826,922
$0

GEORGIA VETERANS MEMORIAL CEMETERY Per O.C.G.A. 38-4-70, the purpose of this program is to provide for the interment of eligible Georgia Veterans who served faithfully and honorably in the military service of out country.

Total Funds Non-State Funds
State Funds

$290,738 $0
$290,738

State General Funds

$290,738

Intra-State Agency Funds

$0

MILLEDGEVILLE NURSING HOME Per O.C.G.A. 38-4-2, the purpose of this program is to provide shelter, sustenance, and continual medical care on an ambulatory basis to help veterans who are disabled by age or disease to attain physical, mental and social well being.

Total Funds Non-State Funds

$17,516,828 $7,225,135

THURSDAY, FEBRUARY 17, 2005

593

Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Agency Funds

$7,225,135 $10,291,693 $10,291,693
$0

VETERANS BENEFITS Per O.C.G.A. 38-4-8, the purpose of this program is to process claims and appeals filed by Georgia Veterans.

Total Funds Non-State Funds

$5,504,863 $322,925

Federal Funds Not Specifically Identified

$322,925

State Funds

$5,181,938

State General Funds

$5,181,938

Intra-State Agency Funds

$0

Section 40: Workers' Compensation, State Board of Total Funds Non State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$14,875,013 $364,000 $364,000
$14,511,013 $14,511,013
$0

ADMINISTER THE WORKERS' COMPENSATION LAWS Per O.C.G.A. 34-9-1, the purpose of this program is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law.

Total Funds Non-State Funds State Funds
State General Funds Intra-State Agency Funds

$8,955,200 $0
$8,955,200 $8,955,200
$0

DEPARTMENTAL ADMINISTRATION Total Funds Non-State Funds Other Non-State Funds State Funds State General Funds Intra-State Agency Funds

$5,919,813 $364,000 $364,000
$5,555,813 $5,555,813
$0

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Section 41: General Obligation Debt Sinking Fund Total Funds Non State Funds State Funds
Motor Fuel Funds State General Funds Intra-State Agency Funds

$905,072,517 $0
$905,072,517 $161,100,000 $743,972,517
$0

GENERAL OBLIGATION DEBT SINKING FUND - ISSUED Total Funds Non-State Funds State Funds State Motor Fuel State General Funds Intra-State Agency Funds

$793,842,417 $0
$793,842,417 $135,000,000 $658,842,417
$0

GENERAL OBLIGATION DEBT SINKING FUND - NEW Total Funds Non-State Funds State Funds State Motor Fuel State General Funds Intra-State Agency Funds

$111,230,100 $0
$111,230,100 $26,100,000 $85,130,100 $0

Section 42. 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.

THURSDAY, FEBRUARY 17, 2005

595

Section 43. 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 44. 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 45. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 46. 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 47. Provided, that no funds whatsoever shall be transferred between programs 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 program 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.
Section 48. For each Budget Unit's Program in this Act, the appropriations shall be as follows: Expenditures of no more than the lesser of 102% or $100,000 of the stated amount for

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each Program are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate programs of the group.
It is the further intent of the General Assembly that this principle shall be applied as well when program amounts are properly amended in the administration of the annual operating budget. 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 Program Budget or the House Program Budget.
Section 49. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 50. All laws and parts of laws in conflict with this act are repealed."

Part 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval
Part 3. All laws and parts of laws in conflict with this act are repealed.

Senator Thomas of the 2nd District moved to amend the Senate Appropriations Committee Substitute to H.B.84 by offering the following amendment #1: (by removing) from State funds for Department of Administrative Services of 6 relating to State Fiscal Year 2005, the figure $1,000,000 and by (decreasing) object classes as listed below:

Total Funds State Funds

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

And by (adding to) State funds for the Department of Corrections, Section 11, relating to State Fiscal Year 2005 the figure $1,000,000 (increasing) object classes as listed below:

Total Funds State Funds

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

Amendment removes $1,000,000 from Department of Administrative Services' Commission for a New Georgia's Procurement Task Force and Statewide Asset Management Systems to provide $1,000,000 in additional funds for County Jail Subsidies.

THURSDAY, FEBRUARY 17, 2005

597

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

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

N Smith E Starr N Staton N Stephens Y Stoner E Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 20, nays 34, and the Thomas of the 2nd amendment #1 was lost.

Senator Brown of the 26th District moved to amend the Senate Appropriations Committee Substitute to H.B.84 by offering the following amendment #2: (by removing) from State funds for Department of Administrative Services of Section 6 relating to State Fiscal Year 2005, the figure $1,500,000 and by (decreasing) object classes as listed below:

Total Funds State Funds

($1,500,000) ($1,500,000)

And (by removing) from State funds for Department of Revenue of Section 32 relating to State Fiscal Year 2005, the figure $1,500,000 and by (decreasing) object classes as listed below:

Total Funds State Funds

($1,500,000) ($1,500,000)

And by (adding to) State funds for the Department of Community Health, relating to

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Medicaid Nursing Home Medically Needy Program, of Section 10, in State Fiscal Year 2005 the figure $3,000,000 (increasing) object classes as listed below:

Total Funds State Funds

$3,000,000 $3,000,000

Amendment removes $1,500,000 from Department of Administrative Services' Commission for a New Georgia's Procurement Task Force and Statewide Asset Management Systems and removes $1,500,000 from Department of Revenue increased workload to increase funding by $3,000,000 for the Medicaid Nursing Home Medically Needy Program within the Department of Community Health.

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

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

N Smith E Starr N Staton N Stephens Y Stoner E Tate N Thomas,D Y Thomas,R
Thompson,C Y Thompson,S N Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles N Williams
Zamarripa

On the adoption of the amendment, the yeas were 18, nays 34, and the Brown amendment #2 was lost.

Senator Powell of the 23rd District moved to amend the Senate Appropriations Committee Substitute to H.B. 84 by offering the following amendment #3: (by removing) from State funds for Department of Administrative Services of 6 relating to State Fiscal Year 2005, the figure $1,000,000 and by (decreasing) object classes as listed below.

THURSDAY, FEBRUARY 17, 2005

599

Total Funds State Funds

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

And (by removing) from State funds for Georgia Technology Authority of Section 6 relating to State Fiscal Year 2005, the figure $500,000 and by (decreasing) object classes as listed below:

Total Funds State Funds

($500,000) ($500,000)

And by (adding to) State funds for the Department of Technical & Adult Education, Section 37, relating to the one-time payroll adjustment for instruction in State Fiscal Year 2005 the figure $1,500,000 (increasing) object classes as listed below:

Total Funds State Funds

$1,500,000 $1,500,000

Amendment removes $1,000,000 from Department of Administrative Services' Commission for a New Georgia's Procurement Task Force and Statewide Asset Management Systems and removes $500,000 from Georgia Technology Authority's creation of 1-800-GEORGIA public call center to increase funding for the one-time payroll adjustment for instruction for the Department of Technical & Adult Education.

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

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh

N Smith E Starr N Staton N Stephens Y Stoner E Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles N Williams

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N Heath Y Henson

Y Seay N Shafer,D

Y Zamarripa

On the adoption of the amendment, the yeas were 20, nays 34, and the Powell amendment #3 was lost.

Senators Butler of the 55th, Adelman of the 42nd, Jones of the 10th, Miles of the 43rd, Thompson of the 5th and Henson of the 41st Districts moved to amend the Senate Appropriations Committee Substitute to H.B. 84 by offering the following amendment #4: (by removing) from State funds for Office of Governor, Governor's Office of Planning & Budget, of 18 relating to State Fiscal Year 2005, the figure $25,000 and by (decreasing) object classes as listed below:

Total Funds State Funds

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

And by (adding to) State funds for the Department of Human Resource, Section 19, relating to State Fiscal Year 2005 the figure $25,000 (increasing) object classes as listed below:

Total Funds State Funds

$25,000 $25,000

Amendment removes $25,000 from Governor's Office of Planning & Budget's New Georgia Human Relations Task Force to restore $25,000 for Department of Human Resources' DeKalb County Rape Crisis Center.

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

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell

N Smith E Starr N Staton N Stephens Y Stoner E Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman Y Walker

THURSDAY, FEBRUARY 17, 2005

601

N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 20, nays 34, and the Butler et al. amendment #4 was lost.

Senator Meyer von Bremen of the 12th District moved to amend the Senate Appropriations Committee Substitute to H.B. 84 by offering the following amendment #5: (by removing) from State funds for Georgia Student Finance Commission, Personal Services & Operating Expense of HOPE Administration, Section 35, relating to State Fiscal Year 2005 the figure $168,600 object classes as listed below:

Total Funds State Funds

($168,600) ($168,600)

And by (adding to) State funds for Georgia Student Finance Commission, HOPE financial aid-tuition, Section 35, relating to State Fiscal Year 2005 the figure $168,600 (increasing) object classes as listed below:

Total Funds State Funds

$168,600 $168,600

And by (removing) from State funds for Department of Revenue of Section 32 relating to State Fiscal Year 2005, the figure $168,600 and by (decreasing) object classes as listed below:

Total Funds State Funds

($168,600) ($168,600)

And by (adding to) State funds for Georgia Student Finance Commission, Personal Services & Operating Expense of HOPE Administration, Section 35, relating to State Fiscal Year 2005 the figure $168,600 (increasing) object classes as listed below:

Total Funds State Funds

$168,600 $168,600

Amendment removes $168,600 from Department of Revenue, additional funding for increased workload, to add $168,600 to Georgia Student Finance Commission, Personal Services & Operating Expense of HOPE Administration, to fund

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www.GAcollege411.org.

To remove $168,600 from Georgia Student Finance Commission, Personal Services & Operating Expense of HOPE Administration, and restore $168,600 to HOPE financial aid-tuition and, thus, recede from agreement to the interdepartmental transfer of funds position.

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

Y Adelman N Balfour Y Brown N Bulloch
Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens
Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

N Smith E Starr N Staton N Stephens Y Stoner E Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 19, nays 33, and the Meyer von Bremen amendment #5 was lost.

Senator Meyer von Bremen of the 12th District moved to amend the Senate Appropriations Committee Substitute to H.B. 84 by offering the following amendment #6: (by removing) from State funds for Georgia Technology Authority of Section 6 relating to State Fiscal Year 2005, the figure $150,000.00 and by (decreasing) object classes as listed below:

Total Funds State Funds

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

THURSDAY, FEBRUARY 17, 2005

603

And by (adding to) State funds for the Department of Human Resource, Section 19, relating to State Fiscal Year 2005 the figure $150,000 (increasing) object classes as listed below:

Total Funds State Funds

$150,000 $150,000

Amendment removes $150,000 from Georgia Technology Authority's creation of 1-800GEORGIA public call center to restore $150,000 for Department of Human Resources' for three mental health positions in Southwest Georgia.

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

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort Y Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

N Hill,Jack N Hill,Judson
Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

N Smith E Starr N Staton N Stephens Y Stoner E Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 20, nays 33, and the Meyer von Bremen amendment #6 was lost.

Senator Seay of the 34th District moved to amend the Senate Appropriations Committee Substitute to H.B. 84 by offering the following amendment #7: (by removing) from State funds for Department of Economic Development of 14 relating to State Fiscal Year 2005, the figure $61,801 and by (decreasing) object classes as listed below:

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Total Funds State Funds

($61,801) ($61,801)

And by (adding to) State funds for the Office of Governor, Section 18, relating to State Fiscal Year 2005 the figure $61,801 (increasing) object classes as listed below:

Total Funds State Funds

$61,801 $61,801

Amendment removes $61,801 from Department of Economic Development for contracts with GPB for films about the State of Georgia to restore $61,801 for the Office of Homeland Security.

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

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson N Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

N Smith E Starr N Staton N Stephens Y Stoner E Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 19, nays 35, and the Seay amendment #7 was lost.

Senator Zamarripa of the 36th District moved to amend the Senate Appropriations Committee Substitute to H.B. 84 by offering the following amendment #8: (by removing) from State funds for Office of Governor, Governor's Office of Planning &

THURSDAY, FEBRUARY 17, 2005

605

Budget, of 18 relating to State Fiscal Year 2005, the figure $20,000 and by (decreasing) object classes as listed below:

Total Funds State Funds

($20,000) ($20,000)

And by (adding to) State funds for the Department of Human Resource, Section 19, relating to State Fiscal Year 2005 the figure $20,000 (increasing) object classes as listed below:

Total Funds State Funds

$20,000 $20,000

Amendment removes $20,000 from Governor's Office of Planning & Budget's New Georgia Human Relations Task Force to restore $20,000 for Department of Human Resources' Georgia Coalition on Hunger.

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

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

N Smith E Starr N Staton N Stephens Y Stoner E Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 20, nays 34, and the Zamarripa amendment #8 was lost.

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Senator Powell of the 23rd District moved to amend the Senate Appropriations Committee Substitute to H.B. 84 by offering the following amendment #9: (by removing) from State funds for Office of Governor, Governor's Office of Planning & Budget, of Section 18 relating to State Fiscal Year 2005, the figure $100,000 and by (decreasing) object classes as listed below:

Total Funds State Funds

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

And by (adding to) State funds for the Department of Human Resource, Section 19, relating to State Fiscal Year 2005 the figure $100,000 (increasing) object classes as listed below:

Total Funds State Funds

$100,000 $100,000

Amendment removes $100,000 from Governor's Office of Planning & Budget's Commission for New Georgia Fleet Management Task Force for increased computer charges to restore $100,000 for Department of Human Resources' Hope House in Augusta.

Senator Powell of the 23rd asked unanimous consent that his amendment #9 be withdrawn. The consent was granted, and the amendment was withdrawn.

On the adoption of the substitute, the yeas were 38, nays 8, 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 Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis

Y Smith E Starr Y Staton Y Stephens N Stoner E Tate Y Thomas,D N Thomas,R N Thompson,C Y Thompson,S Y Tolleson

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607

Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath Y Henson

Y Pearson Y Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 39, nays 15.

HB 84, having received the requisite constitutional majority, was passed by substitute.

Senator Hill of the 4th asked unanimous consent that HB 84 be immediately transmitted to the House.

The consent was granted, and HB 84 was immediately transmitted.

Senator Stephens of the 27th asked unanimous consent that the Secretary of the Senate be directed to cast the votes of the Senate to insist on the Senate substitute to HB 84, and at the appropriate time, adhere to the Senate substitute to HB 84 and appoint a Committee of Conference.

The conferees shall be: Senators Hill of the 4th, Williams of the 19th and Stephens of the 27th.

The consent was granted.

Senator Stephens of the 27th moved that the Senate stand in recess until 5:00 p.m., then adjourn until 1:00 p.m. Tuesday, February 22, 2005, the twenty-second legislative day.
At 2:24 p.m. the President announced that the motion prevailed.

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:

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HB 84.

By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th and Keen of the 179th:

A BILL to be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 2004-2005, known as the "General Appropriations Act," approved May 17, 2004 (Ga. L. 2004, p. 994.) and for other purposes.

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

HB 84. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th and Keen of the 179th:

A BILL to be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 2004-2005, known as the "General Appropriations Act," approved May 17, 2004 (Ga. L. 2004, p. 994.) and for other purposes.

Pursuant to a previously adopted motion the Senate insisted on its substitute to HB 84.

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 84.

By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th and Keen of the 179th:

A BILL to be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 2004-2005, known as the "General Appropriations Act," approved May 17, 2004 (Ga. L. 2004, p. 994.) and for other purposes.

The Speaker has appointed as a Committee of Conference on the part of the House the following members:

Representatives Burkhalter of the 50th, Harbin of the 118th, and Keen of the 179th.

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

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609

HB 84. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th and Keen of the 179th:
A BILL to be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 2004-2005, known as the "General Appropriations Act," approved May 17, 2004 (Ga. L. 2004, p. 994.) and for other purposes.
Pursuant to a previously adopted motion the Senate adhered to its substitute to HB 84 and a Conference Committee was appointed.
The President had appointed as a Conference Committee the following Senators: Hill of the 4th, Williams of the 19th and Stephens of the 27th.
Pursuant to a previously adopted motion, the Senate stood adjourned at 5:00 p.m.

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Senate Chamber, Atlanta, Georgia Tuesday, February 22, 2005
Twenty-second Legislative Day

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

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

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

The Journal was confirmed.

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

Mr. President:

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

HB 155.

By Representatives Ehrhart of the 36th, Heard of the 104th, Floyd of the 147th and Heard of the 114th:

A BILL to be entitled an Act to amend Chapter 22 of Title 50 of the Official Code of Georgia Annotated, relating to managerial control over acquisition of professional services, so as to provide a statement of purpose and policy; to define a certain term; to change the maximum number of professionals considered for selection; to repeal a provision relating to the selection of a professional in certain state contracts; to require a declaration by an interior designer in certain state contracts; to repeal conflicting laws; and for other purposes.

HB 188. By Representatives Burmeister of the 119th and Rynders of the 152nd:

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 require that the photograph of a person who is convicted of certain crimes for which such person is required to register as a sexual offender shall be published in the legal organ of the county in which such person was convicted; to provide for related matters; to repeal conflicting laws; and for other purposes.

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611

HB 195. HB 201. HB 222. HB 264.

By Representatives Fleming of the 117th, Setzler of the 35th, Burmeister of the 119th, Freeman of the 140th, Loudermilk of the 14th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to termination of parental rights, so as to change provisions relating to the time frame for hearings and orders on petitions to terminate parental rights; to provide for legislative findings; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives McCall of the 30th, Crawford of the 127th, Scott of the 153rd, Roberts of the 154th and Ray of the 136th:
A BILL to be entitled an Act to amend Part 9 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of veterinarians and boarders of animals, so as to change certain provisions relating to liens for treatment, board, or care of animals and right to retain possession; to define certain terms; to repeal conflicting laws; and for other purposes.
By Representative Willard of the 49th:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in felony cases, so as to change certain provisions relating to the applicability of the article; to include cases in which discovery may be obtained through other lawful methods; to provide for related matters; to repeal conflicting laws;
By Representatives Forster of the 3rd, Manning of the 32nd, Davis of the 109th, Fludd of the 66th and Ashe of the 56th:
A BILL to be entitled an Act to amend Chapter 6 of Title 28 of the Official Code of Georgia Annotated, relating to interstate cooperation, so as to change certain provisions relating to creation and membership of the Georgia Commission on Interstate Cooperation; to provide for allowances; to change certain provisions relating to functions of the Georgia Commission on Interstate Cooperation; to change certain provisions relating to a declaration that the Council of State Governments, Council of State GovernmentsClairmont Road, L.L.C., and Southern Legislative Conference are joint governmental agencies of this state; to provide that certain organizations are joint governmental agencies of this state; to repeal conflicting laws; and for other purposes.

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HB 282. HB 289. HB 382. HB 408.

By Representatives Roberts of the 154th, Golick of the 34th, Smith of the 129th, Maddox of the 172nd, Davis of the 109th and others:
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, computation, and exemptions regarding income taxes, so as to provide deductions in determining individual and corporate taxable net income for certain purchases which may be treated as expenses under federal law; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
By Representatives Day of the 163rd, Neal of the 1st, Porter of the 143rd, Horne of the 71st and Talton of the 145th:
A BILL to be entitled an Act 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 authorize the State Board of Pardons and Paroles to confer the powers of law enforcement officers on certain employees of the board to allow such employees to assist law enforcement, correctional, or homeland security officers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representative Lane of the 167th:
A BILL to be entitled an Act to provide for a homestead exemption from McIntosh 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 Representative Channell of the 116th:
A BILL to be entitled an Act to amend an Act providing for the board of education of Greene County, approved March 12, 1986 (Ga. L. 1986, p. 3696), as amended, so as to increase the compensation of the members and chairperson of the board; to repeal conflicting laws; and for other purposes.

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HB 409. HB 410. HB 411. HB 412. HB 413.

By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Lumpkin County, approved April 13, 2001 (Ga. L. 2001, p. 4272), as amended, so as to change certain provisions requiring sealed bids for certain purchases; to repeal conflicting laws; and for other purposes.
By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to amend an Act placing the tax commissioner of Lumpkin County upon an annual salary, approved April 3, 1972 (Ga. L. 1972, p. 3854), as amended, so as to change the provisions relating to the compensation of the tax commissioner; to repeal conflicting laws; and for other purposes.
By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to amend an Act placing the Clerk of the Superior Court and the Judge of the Probate Court of Lumpkin County upon an annual salary, approved April 3, 1972 (Ga. L. 1972, p. 3851), as amended, so as to change the provisions relating to the compensation of the clerk of the superior court and the judge of the probate court; to repeal conflicting laws; and for other purposes.
By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to amend an Act placing the Sheriff of Lumpkin County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2469), as amended, so as to change the provisions relating to the compensation of the sheriff; to repeal conflicting laws; and for other purposes.
By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to authorize the Probate Court of Lumpkin County to charge a technology fee for each criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 414.

By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to authorize the Magistrate Court of Lumpkin County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 415.

By Representative Floyd of the 147th:
A BILL to be entitled an Act to create a board of elections and registration for Crisp 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 certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

HB 449.

By Representative Lane of the 167th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of McIntosh County, approved February 26, 1876 (Ga. L. 1876, p. 283), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5207), so as to provide for the election of members of the board of commissioners to staggered, four-year terms of office; to provide for related matters; to require the submission of this Act for preclearance; to repeal conflicting laws; and for other purposes.

HB 450.

By Representative Lane of the 167th:
A BILL to be entitled an Act to provide for a homestead exemption from McIntosh County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to

TUESDAY, FEBRUARY 22, 2005

615

HB 457.
HB 461. HB 481. HB 485.

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 Representatives May of the 111th and Holt of the 112th:
A BILL to be entitled an Act to provide a new charter for the City of Social Circle; 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, mayor pro tempore, and city council and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to repeal conflicting laws; and for other purposes.
By Representatives Williams of the 165th, Barnard of the 166th and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act creating the Board of Education of Liberty County, approved December 10, 1986 (Ga. L. 1986, p. 3452), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3768), so as to provide a per diem allowance for the chairperson and members of the board of education; to provide for restrictions; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Knight of the 126th and Lunsford of the 110th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Butts County, approved February 24, 1941 (Ga. L. 1941, p. 793), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3833), so as to change the compensation of the members of the board; to provide for certain supplements to such compensation; to repeal conflicting laws; and for other purposes.
By Representative Reece of the 11th:
A BILL to be entitled an Act to amend an Act to provide for the election of members of the board of education of Chattooga County, approved April

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25, 2002 (Ga. L. 2002, p. 4723), so as to provide for compensation of board members; to repeal conflicting laws; and for other purposes.

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

SB 33.

By Senators Moody of the 56th, Douglas of the 17th, Balfour of the 9th, Hooks of the 14th, Bulloch of the 11th and others:

A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change certain provisions relating to determination of enrollment by institutional programs; to authorize the establishment of the Georgia Virtual School; to provide for rules and regulations; to provide for a Georgia Virtual School grant account; to provide for statutory construction; 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 the requisite constitutional majority the following Bills of the House and Senate:

HB 54.

By Representatives Powell of the 29th, Rogers of the 26th and McCall of the 30th:

A BILL to be entitled an Act to amend Code Section 12-8-41 of the Official Code of Georgia Annotated, relating to permits for land disposal of septic tank waste, so as to provide an exception to such Code section; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 266.

By Representatives Wilkinson of the 52nd, Henson of the 87th, Drenner of the 86th, Burmeister of the 119th, Williams of the 4th and others:

A BILL to be entitled an Act 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 expunge or delete certain violations from the disciplinary record of any licensee; to repeal conflicting laws; and for other purposes.

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SB 87.

By Senators Bulloch of the 11th, Hudgens of the 47th and Kemp of the 46th:

A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 2 of the Official Code of Georgia Annotated, the "Georgia Seed Law," so as to preempt certain local ordinances relating to seeds; to provide certain exemptions; to repeal conflicting laws; and for other purposes.

SB 88.

By Senators Bulloch of the 11th, Hudgens of the 47th and Kemp of the 46th:

A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 2 of the Official Code of Georgia Annotated, the "Georgia Fertilizer Act of 1997," so as to preempt certain local ordinances relating to fertilizer; to provide certain exemptions; to repeal conflicting laws; and for other purposes.

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

SB 216. By Senators Hill of the 32nd and Hamrick of the 30th:

A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, so as to delete Chapter 11, relating to the State Law Library; to amend Code Section 20-5-2 of the O.C.G.A., relating to the powers and duties of the board of regents and the director of University of Georgia Libraries relative to state public libraries; Code Section 36-80-19 of the O.C.G.A., relating to the codification of ordinances and resolutions of local governments; and Code Section 45-13-22 of the O.C.G.A., relating to the distribution of the Georgia Laws and the Journals of the House of Representatives and the Senate, so as to delete references to the State Law Library; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Special Judiciary Committee.

SB 217. By Senators Hudgens of the 47th, Shafer of the 48th, Moody of the 56th, Cagle of the 49th, Harp of the 29th and others:

A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Life Settlements Act"; to provide a short title; to provide definitions; to provide for the protection of contractual and property rights of a life insurance policy owner to seek a life

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settlement; to establish consumer protections by providing for the regulation of a life settlement transaction; to provide for the licensing and regulation of a life settlement provider and others involved in a life settlement transaction; to provide for antifraud measures; to provide penalties for certain violations; to provide for related matters; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 218. By Senators Rogers of the 21st and Hudgens of the 47th:
A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to create the Georgia Health Insurance Risk Pool; to provide alternative mechanism coverage for the availability of individual health insurance; to provide definitions; to provide for a risk pool board; to provide for powers, duties, and authority of the board; to provide for the selection of an administrator; to provide for the duties of the Commissioner of Insurance with respect to the board and pool; to provide for the establishment of rates; to provide for eligibility for and termination of coverage; to provide for applicability; to provide for related matters; to repeal the Georgia High Risk Health Insurance Plan; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 219. By Senators Thompson of the 5th, Unterman of the 45th, Weber of the 40th, Henson of the 41st, Butler of the 55th and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3729), so as to change the corporate limits of the City of Norcross; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 220. By Senator Schaefer of the 50th:
A BILL to be entitled an Act to create the Rabun County 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 and authority to promote tourism, conventions, and trade shows in Rabun County, Georgia; to provide for the creation and organization of the authority; to

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provide for the appointment of the directorship of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for regulations; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 221. By Senators Rogers of the 21st, Stephens of the 27th and Pearson of the 51st:
A BILL to be entitled an Act to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, so as to allow alternative delivery systems to opt out from having a public defender system under certain circumstances; to correct cross-references; to amend Code Section 15-21-77 of the Official Code of Georgia Annotated, relating to collections to be appropriated for indigent defense, to correct a cross-reference; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 222. By Senators Fort of the 39th, Zamarripa of the 36th, Thompson of the 33rd, Shafer of the 48th, Hudgens of the 47th and others:
A BILL to be entitled an Act to amend Code Section 21-2-379.1 of the Official Code of Georgia Annotated, relating to requirements for use of electronic recording voting systems, so as to provide all electronic recording voting systems to produce a permanent paper record of the votes recorded on such systems for each voter; to provide that voters have an opportunity to verify such record after voting; to provide that such paper records be retained for use in recounts and election challenge proceedings; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 223. By Senators Harbison of the 15th, Johnson of the 1st and Brown of the 26th:
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 the development and implementation of a state-wide first responder building mapping information system; to provide legislative findings and declarations; to provide for definitions; to provide for grants to local

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governments; to provide for rules and regulations; to provide for immunity; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 224. By Senators Balfour of the 9th and Henson of the 41st:
A BILL to be entitled an Act to amend Chapter 4B of Title 43 of the O.C.G.A., relating to the Georgia Athletic and Entertainment Commission, so as to revise and clarify definitions relative to the commission; to change a provision relating to the applicability of the chapter; to change a provision relating to the term of appointment for members of the commission; to provide that restrictions on members and employees of the commission apply to martial arts and wrestling in addition to boxing; to provide for the offense of promotion of unarmed combat; to provide for penalties; to revise provisions relating to taxation of promoters gross receipts; to change a provision relating to service charges for tickets sold by an authorized ticket agent; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development Committee.
SB 225. By Senators Hudgens of the 47th, Harp of the 29th, Moody of the 56th, Rogers of the 21st and Goggans of the 7th:
A BILL to be entitled an Act to amend Chapter 10 of Title 33 of the Official Code of Georgia Annotated, relating to assets and liabilities of insurers, so as to repeal certain provisions relating to loss reserves and liability insurance and workers compensation; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 226. By Senators Smith of the 52nd, Thomas of the 54th, Mullis of the 53rd, Cagle of the 49th, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines, so as to provide a short title; to create the Georgia Drivers Education Commission; to provide for the membership, appointment, terms, and duties of such commission; to provide for the ability of the commission to accept federal grants and funds and donations from other sources and the disposition of such funds; to provide for the imposition, collection, and disposition of certain additional fees for violation of certain criminal and traffic laws of this state; to

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provide for appropriations; to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers licenses, so as to change the minimum age for the issuance of certain licenses and permits; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SB 227. By Senator Cagle of the 49th:
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 provide for the entering into of cap, collar, swap, and other derivative transactions regarding interest rates that manage interest rate risk or cost with respect to the issuance of certain bonds; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Georgia State Financing and Investment Commission; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

SB 228. By Senator Rogers of the 21st:
A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to animal protection, so as to change certain provisions relating to inspections, impoundment of animals, and exceptions; to change certain provisions relating to caring for an impounded animal; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.

SB 229. By Senator Rogers of the 21st:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling offenses, so as to change certain provisions relating to dogfighting; to prohibit

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animal fighting or baiting and related conduct; to provide for punishments; to define certain terms; to provide a short title; to provide legislative findings and declarations; repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.
SB 230. By Senators Hamrick of the 30th, Grant of the 25th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide definitions; to require investigative consumer reporting agencies to give notice to consumers of certain security breaches; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.
SR 194. By Senators Miles of the 43rd, Jones of the 10th, Butler of the 55th, Henson of the 41st, Thompson of the 5th and others:
A RESOLUTION encouraging the Georgia Department of Human Resources to adopt an anti-clustering policy with respect to personal care homes and community living arrangement facilities and to increase oversight of these care facilities in the interests of both residents of personal care homes and residents of surrounding neighborhoods; and for other purposes.
Referred to the Health and Human Services Committee.
The following House legislation was read the first time and referred to committee:
HB 20. By Representatives Hill of the 21st, Scheid of the 22nd, Byrd of the 20th and Lindsey of the 54th:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of motor vehicles generally, so as to repeal and reenact certain provisions regarding window tint restrictions; to provide for definitions; to regulate the application or affixing of light transmission reducing material or glazing; to provide for criminal penalties; to provide for powers, duties, and authority of the Department of Motor Vehicle Safety; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

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HB 54. By Representatives Powell of the 29th, Rogers of the 26th and McCall of the 30th:
A BILL to be entitled an Act to amend Code Section 12-8-41 of the Official Code of Georgia Annotated, relating to permits for land disposal of septic tank waste, so as to provide an exception to such Code section; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
HB 155. By Representatives Ehrhart of the 36th, Heard of the 104th, Floyd of the 147th and Heard of the 114th:
A BILL to be entitled an Act to amend Chapter 22 of Title 50 of the Official Code of Georgia Annotated, relating to managerial control over acquisition of professional services, so as to provide a statement of purpose and policy; to define a certain term; to change the maximum number of professionals considered for selection; to repeal a provision relating to the selection of a professional in certain state contracts; to require a declaration by an interior designer in certain state contracts; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
HB 188. By Representatives Burmeister of the 119th and Rynders of the 152nd:
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 require that the photograph of a person who is convicted of certain crimes for which such person is required to register as a sexual offender shall be published in the legal organ of the county in which such person was convicted; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 195. By Representatives Fleming of the 117th, Setzler of the 35th, Burmeister of the 119th, Freeman of the 140th, Loudermilk of the 14th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to termination of parental rights, so as to change provisions relating to the time frame for hearings and orders on petitions to terminate parental rights; to provide for legislative

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findings; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

HB 201. By Representatives McCall of the 30th, Crawford of the 127th, Scott of the 153rd, Roberts of the 154th and Ray of the 136th:
A BILL to be entitled an Act to amend Part 9 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of veterinarians and boarders of animals, so as to change certain provisions relating to liens for treatment, board, or care of animals and right to retain possession; to define certain terms; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.

HB 222. By Representative Willard of the 49th:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in felony cases, so as to change certain provisions relating to the applicability of the article; to include cases in which discovery may be obtained through other lawful methods; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

HB 264. By Representatives Forster of the 3rd, Manning of the 32nd, Davis of the 109th, Fludd of the 66th and Ashe of the 56th:
A BILL to be entitled an Act to amend Chapter 6 of Title 28 of the Official Code of Georgia Annotated, relating to interstate cooperation, so as to change certain provisions relating to creation and membership of the Georgia Commission on Interstate Cooperation; to provide for allowances; to change certain provisions relating to functions of the Georgia Commission on Interstate Cooperation; to change certain provisions relating to a declaration that the Council of State Governments, Council of State Governments Clairmont Road, L.L.C., and Southern Legislative Conference are joint governmental agencies of this state; to provide that certain organizations are

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joint governmental agencies of this state; to repeal conflicting laws; and for other purposes.
Referred to the Interstate Cooperation Committee.
HB 266. By Representatives Wilkinson of the 52nd, Henson of the 87th, Drenner of the 86th, Burmeister of the 119th, Williams of the 4th and others:
A BILL to be entitled an Act 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 expunge or delete certain violations from the disciplinary record of any licensee; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
HB 282. By Representatives Roberts of the 154th, Golick of the 34th, Smith of the 129th, Maddox of the 172nd, Davis of the 109th and others:
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, computation, and exemptions regarding income taxes, so as to provide deductions in determining individual and corporate taxable net income for certain purchases which may be treated as expenses under federal law; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 289. By Representatives Day of the 163rd, Neal of the 1st, Porter of the 143rd, Horne of the 71st and Talton of the 145th:
A BILL to be entitled an Act 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 authorize the State Board of Pardons and Paroles to confer the powers of law enforcement officers on certain employees of the board to allow such employees to assist law enforcement, correctional, or homeland security officers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

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HB 382. By Representative Lane of the 167th:
A BILL to be entitled an Act to provide for a homestead exemption from McIntosh County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 408. By Representative Channell of the 116th:
A BILL to be entitled an Act to amend an Act providing for the board of education of Greene County, approved March 12, 1986 (Ga. L. 1986, p. 3696), as amended, so as to increase the compensation of the members and chairperson of the board; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 409. By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Lumpkin County, approved April 13, 2001 (Ga. L. 2001, p. 4272), as amended, so as to change certain provisions requiring sealed bids for certain purchases; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 410. By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to amend an Act placing the tax commissioner of Lumpkin County upon an annual salary, approved April 3, 1972 (Ga. L. 1972, p. 3854), as amended, so as to change the provisions relating to the compensation of the tax commissioner; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 411. By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to amend an Act placing the Clerk of the Superior Court and the Judge of the Probate Court of Lumpkin County upon an annual salary, approved April 3, 1972 (Ga. L. 1972, p. 3851), as amended, so as to change the provisions relating to the compensation of the clerk of the superior court and the judge of the probate court; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 412. By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to amend an Act placing the Sheriff of Lumpkin County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2469), as amended, so as to change the provisions relating to the compensation of the sheriff; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 413. By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to authorize the Probate Court of Lumpkin County to charge a technology fee for each criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 414. By Representatives Amerson of the 9th and Reece of the 27th:
A BILL to be entitled an Act to authorize the Magistrate Court of Lumpkin County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 415. By Representative Floyd of the 147th:
A BILL to be entitled an Act to create a board of elections and registration for Crisp 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 certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 449. By Representative Lane of the 167th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of McIntosh County, approved February 26, 1876 (Ga. L. 1876, p. 283), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5207), so as to provide for the election of members of the board of commissioners to staggered, four-year terms of office; to provide for related matters; to require the submission of this Act for preclearance; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 450. By Representative Lane of the 167th:
A BILL to be entitled an Act to provide for a homestead exemption from McIntosh County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 457. By Representatives May of the 111th and Holt of the 112th:
A BILL to be entitled an Act to provide a new charter for the City of Social Circle; 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, mayor pro tempore, and city council and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 461. By Representatives Williams of the 165th, Barnard of the 166th and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act creating the Board of Education of Liberty County, approved December 10, 1986 (Ga. L. 1986, p. 3452), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3768), so as to provide a per diem allowance for the chairperson and members of the board of education; to provide for restrictions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 481. By Representatives Knight of the 126th and Lunsford of the 110th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Butts County, approved February 24, 1941 (Ga. L. 1941, p. 793), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3833), so as to change the compensation of the members of the board; to provide for certain supplements to such compensation; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 485. By Representative Reece of the 11th:
A BILL to be entitled an Act to amend an Act to provide for the election of members of the board of education of Chattooga County, approved April 25,

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2002 (Ga. L. 2002, p. 4723), so as to provide for compensation of board members; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 13 SB 96 SB 111

Do Pass by substitute Do Pass Do Pass by substitute

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

Mr. President:

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

SB 25

Do Pass by substitute Respectfully submitted, Senator Smith of the 52nd District, Chairman

Mr. President:

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

SR 166

Do Pass

Respectfully submitted, Senator Rogers of the 21st District, Chairman

Mr. President: The Regulated Industries and Utilities Committee has had under consideration the

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

HB 217 SB 91

Do Pass Do Pass

SB 209 SB 210

Do Pass Do Pass

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:

HR 47

Do Pass

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

The following legislation was read the second time:

HB 95 HB 151 SB 46

SB 69 SB 95

SB 129 SB 130

SB 142 SB 146

SB 150 SB 160

SB 168 SR 116

Senator Hooks of the 14th asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr was excused.

Senator Seabaugh of the 28th asked unanimous consent that Senator Unterman of the 45th be excused. The consent was granted, and Senator Unterman was excused.

Senator Rogers of the 21st asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.

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

Adelman Balfour Brown Butler Cagle Carter Chance Chapman

Hill,Jack Hill,Judson Hooks Hudgens Jones Kemp Me V Bremen Miles

Shafer,D Smith Staton Stephens Stoner Tate Thomas,D Thomas,R

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Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Heath Henson

Moody Mullis Pearson Powell Reed Rogers Schaefer Seabaugh Seay

Thompson,C Thompson,S Tolleson Walker Weber Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Bulloch Unterman (Excused)

Johnson (Excused)

Starr (Excused)

The members pledged allegiance to the flag.

Senator Kemp of the 46th introduced the chaplain of the day, Pastor Larry Davidson of Watkinsville, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 187. By Senator Harbison of the 15th:

A RESOLUTION recognizing and commending Mrs. Charlotte Hawkins Frazier; and for other purposes.

SR 188. By Senators Rogers of the 21st and Stephens of the 27th:

A RESOLUTION commending Zachary Daniel Hunter on attaining the rank of Eagle Scout; and for other purposes.

SR 189. By Senators Rogers of the 21st and Stephens of the 27th:

A RESOLUTION commending Zachary Joseph Okerblad on attaining the rank of Eagle Scout; and for other purposes.

SR 190. By Senator Douglas of the 17th:

A RESOLUTION recognizing and commending Principal Edmund F. Elmore; and for other purposes.

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SR 191. By Senator Douglas of the 17th:
A RESOLUTION remembering and honoring the life of Mr. Richard Tiede; and for other purposes.
SR 192. By Senator Douglas of the 17th:
A RESOLUTION recognizing and commending Coach Ron Bradley; and for other purposes.
SR 193. By Senators Fort of the 39th, Brown of the 26th, Miles of the 43rd, Seay of the 34th, Reed of the 35th and others:
A RESOLUTION recognizing and honoring the inspiring life and countless achievements of Benedita da Silva; and for other purposes.
SR 195. By Senator Carter of the 13th:
A RESOLUTION recognizing the Cordele-Crisp County Fish Fry and commending Mr. Ferrell Henry, Mr. Don Tucker, Mr. Jimmy Black, Mr. Paul Mechler, and Mrs. Susan Leger; and for other purposes.
SR 196. By Senator Carter of the 13th:
A RESOLUTION recognizing and commending Miss Samantha Stephens, 2005 Georgia Watermelon Queen; and for other purposes.
SR 197. By Senator Tate of the 38th:
A RESOLUTION recognizing Alpha Kappa Alpha Day at the Capitol on February 21, 2005; and for other purposes.
SR 198. By Senators Cagle of the 49th, Hamrick of the 30th, Hill of the 32nd, Schaefer of the 50th, Mullis of the 53rd and others:
A RESOLUTION honoring Sadie Fields and her work on behalf of Georgia's families; and for other purposes.
SR 199. By Senator Goggans of the 7th:
A RESOLUTION commending the Clinch County High School Panthers football team; and for other purposes.

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SR 200. By Senator Goggans of the 7th:

A RESOLUTION recognizing and commending Mr. Rick Fey; and for other purposes.

Senator Meyer von Bremen of the 12th spoke to SR 87, commending the Georgia Rural Health Association and recognizing Rural Health Day, adopted previously.

Senators Henson of the 41st and Butler of the 55th spoke to SR 157, congratulating the Stone Mountain Woman's Club, adopted previously.

Senator Bulloch of the 11th recognized members of the Future Farmers of America (FFA), commended by SR 102, adopted previously.

SENATE RULES CALENDAR TUESDAY, FEBRUARY 22, 2005 TWENTY-SECOND LEGISLATIVE DAY

SR 23

Joint Port Authority; creating (Substitute)(I COOP-1st)

SB 141

Gambling; prohibit pyramid promotional schemes; definitions; penalties (JUDY-9th)

SB 100

Georgia Residential Mortgage Fraud Act; define offense; provide penalties (Substitute)(B&FI-30th)

SB 41

State Amphibian, Official; designate the green tree frog (RULES-52nd)

Respectfully submitted,

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

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

SR 23. By Senators Johnson of the 1st and Harbison of the 15th:

A RESOLUTION creating the Joint Port Authority for the Port of Savannah Study Committee; and for other purposes.

The Senate Interstate Cooperation Committee offered the following substitute to SR 23:

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A RESOLUTION
Creating the Jasper Port Study Committee; and for other purposes.
WHEREAS, the Port of Savannah was the site of the establishment of the Colony of Georgia; and
WHEREAS, the Savannah River is the navigable river that serves the Port of Savannah; and
WHEREAS, the State of South Carolina borders the northern side of the Savannah River; and
WHEREAS, Jasper County, South Carolina, borders the Savannah River on the north; and
WHEREAS, both the State of Georgia and the State of South Carolina have established port authorities to govern all port related activities in their states; and
WHEREAS, competition for shipping business has been a long accepted tradition between the Port of Savannah and the Port of Charleston; and
WHEREAS, both states are intent on supporting the future development of their respective ports; and
WHEREAS, both the State of Georgia and the State of South Carolina are dependent on the economic benefits derived from the activities of each respective port authority; and
WHEREAS, the ever increasing size of ships is requiring both ports to continually deepen the respective rivers which serve their ports; and
WHEREAS, the environmental factors affected by such river deepening are becoming a major obstacle to be overcome by each port prior to deepening its respective port rivers; and
WHEREAS, there may be certain benefits to be realized by both states sharing information regarding a proposed port operation on both the north and south sides of the Savannah River; and
WHEREAS, it is in the best interest of both states to cooperate with each others economic activities along their common border.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Jasper Port Study Committee to be composed of three members of the Senate to be appointed by the Senate Committee on Assignments, three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, and three citizens to be appointed by the Governor.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto for the purpose of recommending any legislation or other action the committee deems necessary or appropriate, including the need for the State of Georgia to maintain its obligation to the U.S. Army Corps of Engineers to provide an adequate spoil site. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated as well as the mileage or transportation allowance authorized for state employees. All funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives and the Senate. The expenses and allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 2005. The committee shall stand abolished on December 1, 2005.
Senators Thompson of the 33rd, Thomas of the 2nd and Harbison of the 15th offered the following amendment:
Amend the committee substitute to SR 23 by following line 5, on page 2, a new line 6, as following, `WHEREAS, one of the most important issues concerning homeland security, is that of the safety of our nations ports and cooperation between the individual states and ports located therein.'
And renumbering accordingly.
On the adoption of the amendment, the yeas were 35, nays 0, and the Thompson of the 33rd et al. amendment #1 was adopted.
On the adoption of the substitute, the yeas were 38, nays 0, and the committee substitute was adopted as amended.

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637

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

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

Y Adelman Y Balfour Y Brown
Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant
Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers
Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 51, nays 0.

SR 23, having received the requisite constitutional majority, was adopted by substitute.

Senator Harp of the 29th asked unanimous consent that Senator Harbison of the 15th be excused. The consent was granted, and Senator Harbison was excused.

Senator Harp of the 29th asked unanimous consent that he be excused from voting on SB 141 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Harp was excused.

SB 141. By Senator Balfour of the 9th:

A BILL to be entitled an Act to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to prohibit pyramid promotional schemes; to provide definitions; to provide for penalties and procedures; to provide for other related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle
Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison E Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

SB 141, having received the requisite constitutional majority, was passed.

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

SB 33. By Senators Moody of the 56th, Douglas of the 17th, Balfour of the 9th, Hooks of the 14th, Bulloch of the 11th and others:

A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change certain provisions relating to determination of enrollment by institutional programs; to authorize the establishment of the Georgia Virtual School; to provide for rules and regulations; to provide for a Georgia Virtual School grant account; to provide for statutory construction; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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639

The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change certain provisions relating to determination of enrollment by institutional programs; to authorize the establishment of the Georgia Virtual School; to provide for rules and regulations; to provide for a Georgia Virtual School grant account; to provide for statutory construction; 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 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," is amended by striking subsection (a) of Code Section 20-2-160, relating to determination of enrollment by institutional programs, and inserting in its place a new subsection (a) to read as follows:
(a) The State Board of Education shall designate the specific dates upon which two counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Department of Education. The initial enrollment count shall be made after October 1 but prior to November 17 and the final enrollment count after March 1 but prior to May 1. The report shall indicate the students specific assigned program for each one-sixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a course recognized under this article or by state board policy as an enrichment course, except a driver education course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office, or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; a course taken through the Georgia Virtual School pursuant to Code Section 20-2-319; or any other course or activity so designated by the state board. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for

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which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in an eligible institution under the program established in Code Section 202-161.1 may be counted for the high school program for only that portion of the day that the student is attending the high school for those segments that are eligible to be counted under this subsection. The state board shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date.
SECTION 2. Said article is further amended in Part 14, relating to other educational programs under the "Quality Basic Education Act," by inserting at the end thereof a new Code Section 20-2-319 to read as follows:
20-2-319. (a) The State Board of Education is authorized to establish the Georgia Virtual School whereby students may enroll in state funded courses via the Internet or in any other manner not involving on-site interaction with a teacher. Any Georgia student who is age 21 or younger shall be eligible to enroll in the Georgia Virtual School, at no cost to the student, provided that public school students shall be given priority. The State Board of Education is authorized to promulgate rules and regulations pertaining to the Georgia Virtual School. Such rules and regulations, if established, shall include, at a minimum, a process for students to enroll in Georgia Virtual School courses, including provisions allowing for students to participate in such courses in excess of any maximum number of courses allowed per year at a tuition rate to be established by the State Board of Education, and a process whereby a students grade in the course is reported on the students transcript. All teachers who provide instruction through the Georgia Virtual School shall be certified by the Professional Standards Commission. (b) The department is authorized to establish a Georgia Virtual School grant account with funds appropriated by the General Assembly. The amount of funds requested by the state board for this account shall be the amount that the participating students would have earned under this article if those students had been in equivalent general education programs in a local school system for that portion of the instructional day in which the students were actually enrolled in a Georgia Virtual School course. The department shall use funds from this grant account to pay for costs associated with the Georgia Virtual School incurred by the department, including, but not limited to, actual costs of tuition, materials, and fees directly related to the approved courses taken by the students through the Georgia Virtual School.

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(c) The Georgia Virtual School shall not be considered a school for purposes of Article 2 of Chapter 14 of this title.

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 Moody of the 56th moved that the Senate agree to the House substitute to SB 33.

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 33.

The Calendar was resumed.

Senator Hamrick of the 30th asked unanimous consent to drop SB 100 to the foot of today's Senate Rules Calendar.

The consent was granted, and SB 100 was placed at the foot of the Rules Calendar.

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SB 41. By Senator Smith of the 52nd:

A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the green tree frog as the official state amphibian; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp
Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner
Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

SB 41, having received the requisite constitutional majority, was passed.

The President introduced United States Congressman Sanford Bishop, Second District, and his wife Vivian. Congressman Bishop addressed the Senate briefly.

The Calendar was resumed.

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SB 100. By Senators Hamrick of the 30th, Thompson of the 33rd, Johnson of the 1st and Starr of the 44th:
A BILL to be entitled an Act to amend Chapter 8 of Title 16 of the O.C.G.A., relating to offenses involving theft, so as to provide for the "Georgia Residential Mortgage Fraud Act"; to provide a short title; to provide for definitions; to define the criminal offense of residential mortgage fraud; to provide for venue; to provide penalties; to authorize district attorneys and the Attorney General to investigate and prosecute cases of residential mortgage fraud; to provide for the forfeiture of real and personal property; to amend Chapter 14 of Title 16 of the O.C.G.A., the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," so as to include residential mortgage fraud within the definition of racketeering activity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate Banking and Financial Institutions Committee offered the following substitute to SB 100:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, so as to provide for the "Georgia Residential Mortgage Fraud Act"; to provide a short title; to provide for definitions; to define the criminal offense of residential mortgage fraud; to provide for venue; to provide penalties; to authorize district attorneys and the Attorney General to investigate and prosecute cases of residential mortgage fraud; to provide for the forfeiture of real and personal property; to amend Chapter 14 of Title 16 of the Official Code of Georgia Annotated, the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," so as to include residential mortgage fraud within the definition of racketeering activity; to provide for findings and a statement of purpose; 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 and declares that fraud involving residential mortgages is at an all-time high in the United States and in Georgia. Mortgage lending institutions and borrowers have suffered hundreds of millions of dollars in losses due to residential mortgage fraud. Homeowners in neighborhoods plagued by mortgage fraud have witnessed the deterioration of their neighborhoods. Fraudulently inflated property values in their neighborhoods have resulted in substantial increases in property taxes. The

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General Assembly therefore concludes that for the protection of the general public, and particularly for the protection of borrowers, homeowners, lending institutions, and the integrity of the mortgage lending process, the "Georgia Residential Mortgage Fraud Act" shall be enacted.
SECTION 2. Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, is amended by adding a new Article 5 to read as follows:
ARTICLE 5
16-8-100. This article shall be known and may be cited as the 'Georgia Residential Mortgage Fraud Act.'
16-8-101. (1) 'Mortgage lending process' means the process through which a person seeks or obtains a residential mortgage loan including, but not limited to, solicitation, application, or origination, negotiation of terms, third-party provider services, underwriting, signing and closing, and funding of the loan. Documents involved in the mortgage lending process include, but are not limited to, uniform residential loan applications or other loan applications; appraisal reports: HUD-1 settlement statements; supporting personal documentation for loan applications such as W-2 forms, verifications of income and employment, bank statements, tax returns, and payroll stubs; and any required disclosures. (2) 'Pattern of residential mortgage fraud' means one or more misstatements, misrepresentations, or omissions made during the mortgage lending process that involve two or more residential properties, which have the same or similar intents, results, accomplices, victims, or methods of commission or otherwise are interrelated by distinguishing characteristics. (3) 'Person' means a natural person, corporation, company, limited liability company, partnership, trustee, association, or any other entity. (4) 'Residential mortgage loan' means a loan or agreement to extend credit made to a person, which loan is secured by a deed to secure debt, security deed, mortgage, security interest, deed of trust, or other document representing a security interest or lien upon any interest in one-to-four family residential property located in Georgia including the renewal or refinancing of any such loan.
16-8-102. A person commits the offense of residential mortgage fraud when, with the intent to defraud, such person:
(1) Knowingly makes any deliberate misstatement, misrepresentation, or omission during the mortgage lending process with the intention that it be relied on by a

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mortgage lender, borrower, or any other party to the mortgage lending process; (2) Knowingly uses or facilitates the use of any deliberate misstatement, misrepresentation, or omission, knowing the same to contain a misstatement, misrepresentation, or omission, during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process; (3) Receives any proceeds or any other funds in connection with a residential mortgage closing that such person knew or should have known resulted from a violation of paragraph (1) or (2) of this Code section; (4) Conspires or endeavors to violate any of the provisions of paragraph (1), (2), or (3) of this Code section; or (5) Files or causes to be filed with the official registrar of deeds of any county of this state any document such person knows to contain a deliberate misstatement, misrepresentation, or omission.
16-8-103. For the purpose of venue under this article, any violation of this article shall be considered to have been committed:
(1) In the county in which the residential property for which a mortgage loan is being sought is located; (2) In any county in which any act was performed in furtherance of the violation; (3) In any county in which any person alleged to have violated this article had control or possession of any proceeds of the violation; (4) If a closing occurred, in any county in which the closing occurred; or (5) In any county in which a document containing a deliberate misstatement, misrepresentation, or omission is filed with the official registrar of deeds.
16-8-104. District attorneys and the Attorney General shall have the authority to conduct the criminal investigation and prosecution of all cases of residential mortgage fraud under this article or under any other provision of this title.
16-8-105. (a) Any person violating this article shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one year nor more than ten years, by a fine not to exceed $5,000.00, or both. (b) If a violation of this article involves engaging or participating in a pattern of residential mortgage fraud or a conspiracy or endeavor to engage or participate in a pattern of residential mortgage fraud, said violation shall be punishable by imprisonment for not less than three years nor more than 20 years, by a fine not to exceed $100,000.00, or both. (c) Each residential property transaction subject to a violation of this article shall constitute a separate offense and shall not merge with any other crimes set forth in this

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title.
16-8-106. All real and personal property of every kind used or intended for use in the course of, derived from, or realized through a violation of this article shall be subject to forfeiture to the state. Forfeiture shall be had by the same procedure set forth in Code Section 1614-7. District attorneys and the Attorney General may commence forfeiture proceedings under this article.
SECTION 3. Chapter 14 of Title 16 of the Official Code of Georgia Annotated, the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," is amended by striking divisions (9)(A)(xxxvii) and (9)(A)(xxxviii) of Code Section 16-14-3, relating to definitions of terms relating to racketeering activity, in their entirety and inserting in lieu thereof the following:
(xxxvii) Code Section 33-1-9, relating to insurance fraud; or (xxxviii) Code Section 16-17-2, relating to payday loans; or (xxxix) Code Section 16-8-102, relating to residential mortgage fraud.
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 Thompson of the 33rd and Hamrick of the 30th offered the following amendment #1:
Amend the committee substitute to SB 100 by striking on page 3, line 5, the words: `should have know'.
Senator Seabaugh of the 28th offered the following amendment #1a:
Amend the floor amendment 1 to SB 100 by striking lines 1 and 2 and then by striking on page 3 line 5 of the substitute the words: "should have known".
On the adoption of the amendment, the yeas were 43, nays 0, and the Seabaugh amendment #1a was adopted.
On the adoption of the amendment, the yeas were 36, nays 0, and the Thompson of the 33rd, Hamrick amendment #1 was adopted as amended.

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Senators Fort of the 39th, Brown of the 26th, Tate of the 38th and Henson of the 41st offered the following amendment #2:
Amend SB 100 by striking it in its entirety and substituting the following in its place the following:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 6A of Title 7 of the Official Code of Georgia Annotated, relating to banking, so as to repeal and reenact the 'Georgia Fair Lending Act'; to prohibit abusive home loan practices; to provide for definitions; to provide for prohibited practices and limitations relating to covered home loans and high-cost home loans; to create specific and numerous consumer protections for covered home loans and high-cost home loans; to provide for penalties and enforcement; to provide for exceptions for unintentional violations; to provide for related matters; to provide for severability; to provide for legislative intent; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by repealing Chapter 6A, the 'Georgia Fair Lending Act' and designating said chapter as reserved.
SECTION 2. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by striking Chapter 6A which is reserved and adding in lieu thereof a new Chapter 6A to read as follows:
'CHAPTER 6A
7-6A-1. This chapter shall be known and may be cited as the "Georgia Fair Lending Act."
7-6A-2. As used in this chapter, the term:
(1) "Acceleration" means a demand for immediate repayment of the entire balance of a home loan. (2) "Affiliate" means any company that controls, is controlled by, or is under common control with another company, as set forth in 12 U.S.C. Section 1841, et seq. (3) "Annual percentage rate" means the annual percentage rate for the loan calculated at closing according to the provisions of 15 U.S.C. Section 1606, the regulations

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promulgated thereunder by the Board of Governors of the Federal Reserve System, and the Official Staff Commentary on Regulation Z published by the Board of Governors of the Federal Reserve System. For purposes of this chapter, the annual percentage rate shall be determined as follows:
(A) For a variable rate loan with a temporary initial rate that is lower than the rate that will apply after the temporary rate expires, the annual percentage rate shall not include such temporary initial rate; (B) For a variable rate loan, the annual percentage rate shall be determined by using the index rate and adding the maximum margin permitted during the term of the loan; and (C) For all other home loans with rates that may later increase, the rate shall be determined based on the maximum interest rate permitted during the term of the loan. (4) "Bona fide discount points" means loan discount points knowingly paid by the borrower for the express purpose of reducing, and which in fact do result in a bona fide reduction of, the interest rate applicable to the home loan; provided, however, that the undiscounted interest rate for the home loan does not exceed by more than one percentage point the required net yield for a 90 day standard mandatory delivery commitment for a home loan with a reasonably comparable term from either the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, whichever is greater. (5) "Borrower" means any natural person obligated to repay the loan including a coborrower or cosigner. (6) "Covered home loan" means a home loan in which: (A) Without regard to whether the loan transaction is or may be a "residential mortgage transaction" as that term is defined in 12 C.F.R. Section 226.2(a)(24), the annual percentage rate of the loan at consummation is such that it exceeds, as of noon ten business days prior to such consummation, (i) for a home loan secured by a first lien, the higher of (I) four percentage points above prime rate or (II) two percentage points above the required net yield for a 90 day standard mandatory delivery commitment for a home loan with a reasonably comparable term from either the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, whichever is greater, or (ii) for a home loan secured by a junior lien, the higher of (I) five and one-half percentage points above prime rate or (II) three percentage points above the required net yield for a 90 day standard mandatory delivery commitment for a loan with a reasonably comparable term from either the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, whichever is greater; (B) The total points and fees payable in connection with the loan, excluding not more than two bona fide discount points, exceed 3 percent of the total loan amount; or (C) The home loan is such that it is considered a high-cost home loan under this chapter.

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(7) "Creditor" means a person who both regularly extends consumer credit that is subject to a finance charge or is payable by written agreement in more than four installments and is a person to whom the debt arising from a home loan transaction is initially payable. Creditor shall also mean any person brokering a home loan, which shall include any person who directly or indirectly solicits, processes, places, or negotiates home loans for others or offers to solicit, process, place, or negotiate home loans for others or who closes home loans which may be in the persons own name with funds provided by others and which loans are thereafter assigned to the person providing the funding of such. Creditor shall not include: (A) a servicer; (B) any state or local housing finance agency or any other state or local governmental or quasigovernmental entity; or (C) a person who is an attorney providing legal services in association with the closing of a home loan. (8) "High-cost home loan" means a home loan in which the terms of the loan meet or exceed one or more of the thresholds as defined in paragraph (19) of this Code section. (9) "Home loan" means a loan, including an open-end credit plan where the principal amount does not exceed the conforming loan size limit for a single-family dwelling as established by the Federal National Mortgage Association and the loan is secured by a mortgage, security deed, or deed to secure debt on real estate located in this state upon which there is located or there is to be located a structure or structures, including a manufactured home, designed principally for occupancy of from one to four families and which is or will be occupied by a borrower as the borrowers principal dwelling, except that home loan shall not include a reverse mortgage transaction, a loan that provides bridge financing for the initial construction of a borrowers dwelling on land owned by the borrower, or a loan primarily for business, agricultural, or commercial purposes. (10) "Make" or "makes" means to originate a loan or to engage in brokering of a home loan including the soliciting, processing, placing, or negotiating of a home loan made or offered by a person brokering a home loan. (11) "Manufactured home" means a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length or, when erected on site is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when erected on land secured in conjunction with the real property on which the manufactured home is located and connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of the United States Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. Such term does not include rental property or second homes or manufactured homes when not secured in

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conjunction with the real property on which the manufactured home is located. (12) "Open-end credit plan" or "open-end loan" means a loan in which (A) a creditor reasonably contemplates repeated transactions; (B) the creditor may impose a finance charge from time to time on an outstanding balance; and (C) the amount of credit that may be extended to the borrower during the term of the loan, up to any limit set by the creditor, is generally made available to the extent that any outstanding balance is repaid. (13) "Points and fees" means:
(A) All items included in the definition of finance charge in 12 C.F.R. Section 226.4(a) and 12 C.F.R. Section 226.4(b) except interest or the time price differential. All items excluded under 12 C.F.R. Section 226.4(c)(7) are excluded from points and fees, provided that the creditor does not receive direct or indirect compensation in connection with the charge and the charge is not paid to an affiliate of the creditor; (B) All compensation paid directly or indirectly to a mortgage broker from any source, including a broker that originates a loan in its own name in a table funded transaction, including but not limited to yield spread premiums, yield differentials, and service release fees, provided that the portion of any yield spread premium that is both disclosed to the borrower in writing and used to pay bona fide and reasonable fees to a person other than the creditor or an affiliate of the creditor for the following purposes is exempt from inclusion in points and fees: fees for tax payment services; fees for flood certification; fees for pest infestation and flood determination; appraisal fees; fees for inspection performed prior to closing; credit reports; surveys; attorneys fees, if the borrower has the right to select the attorney from an approved list or otherwise; notary fees; escrow charges, so long as not otherwise included under subparagraph (A) of this paragraph; title insurance premiums; and fire and hazard insurance and flood insurance premiums, provided that the conditions set forth in 12 C.F.R. Section 226.4(d)(2) are met; (C) Premiums or other charges for credit life, credit accident, credit health, credit personal property, or credit loss-of-income insurance, debt suspension coverage or debt cancellation coverage, whether or not such coverage is insurance under applicable law, that provides for cancellation of all or part of a borrowers liability in the event of loss of life, health, personal property, or income or in the case of accident written in connection with a home loan and premiums or other charges for life, accident, health, or loss-of-income insurance without regard to the identity of the ultimate beneficiary of such insurance. In determining points and fees for the purposes of this paragraph, premiums or other charges shall only include those payable at or before loan closing and are included whether they are paid in cash or financed and whether the amount represents the entire premium for the coverage or an initial payment; (D) The maximum prepayment fees and penalties that may be charged or collected under the terms of the loan documents; (E) All prepayment fees or penalties that are charged to the borrower if the loan

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refinances a previous loan made or currently held or serviced by the same creditor or an affiliate of the creditor; (F) For open-end loans, points and fees are calculated in the same manner as for loans other than open-end loans, based on the minimum points and fees that a borrower would be required to pay in order to draw on the open-end loan an amount equal to the total credit line; and (G) Points and fees shall not include:
(i) Taxes, filing fees, recording, and other charges and fees paid or to be paid to public officials for determining the existence of or for perfecting, releasing, or satisfying a security interest; (ii) Bona fide and reasonable fees paid to a person other than the creditor or an affiliate of the creditor for the following: fees for tax payment services; fees for flood certification; fees for pest infestation and flood determination; appraisal fees; fees for inspections performed prior to closing; credit reports; surveys; attorneys fees, if the borrower has the right to select the attorney from an approved list or otherwise; notary fees; escrow charges, so long as not otherwise included under subparagraph (A) of this paragraph; title insurance premiums; and fire and hazard insurance and flood insurance premiums, provided that the conditions in 12 C.F.R. Section 226.4(d)(2) are met; (iii) Bona fide fees paid to a federal or state government agency that insures payment of some portion of a home loan including, but not limited to, the Federal Housing Administration, the Department of Veterans Affairs, the United States Department of Agriculture for rural development loans, or the Georgia Housing and Finance Authority. (14) "Prime rate" means the bank prime loan rate published by the Board of Governors of the Federal Reserve System, as published in statistical release H.15 or any publication that may supersede it. (15) "Process," "processes," or "processing" means to act as a processor. (16) "Processor" means any person that prepares paperwork necessary for or associated with the closing of a home loan, including but not limited to promissory notes, disclosures, deeds, and closing statements, provided that processor shall not include persons on the grounds that they are engaged in data processing or statement generation services for home loans. (17) "Servicer" means the same as set forth in 24 C.F.R. Section 3500.2. (18) "Servicing" means the same as set forth in 24 C.F.R. Section 3500.2. (19) "Threshold" means: (A) Without regard to whether the loan transaction is or may be a "residential mortgage transaction" as that term is defined in 12 C.F.R. Section 226.2(a)(24), the annual percentage rate of the loan is such that it equals or exceeds that set out in Section 152 of the Home Ownership and Equity Protection Act of 1994, 15 U.S.C. Section 1602(aa), and the regulations adopted pursuant thereto by the Federal Reserve Board, including Section 12 C.F.R. Section 226.32; or (B) The total points and fees payable in connection with the loan, excluding not

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more than two bona fide discount points, exceed: (i) 5 percent of the total loan amount if the total loan amount is $20,000.00 or more or (ii) the lesser of 8 percent of the total loan amount or $1,000.00 if the total loan amount is less than $20,000.00. (20) "Total loan amount" means the principal of the loan minus those points and fees as defined in paragraph (13) of this Code section that are included in the principal amount of the loan. For open-end loans, the total loan amount shall be calculated using the total credit line available under the terms of the home loan minus those points and fees as defined in paragraph (13) of this Code section that are included in the total credit line. (21) "Variable rate loan" means a home loan where the rate of interest charged may change during the term of the loan, pursuant to a rate that is calculated only by using an index that can change due to circumstances beyond the direct control of the creditor or servicer and adding a margin that may change.
7-6A-3. All home loans shall be subject to the following limitations and prohibited practices:
(1) No creditor shall make a home loan that finances, directly or indirectly, (A) any credit life, credit accident, credit health, credit personal property, or credit loss-ofincome insurance, debt suspension coverage or debt cancellation coverage, whether or not such coverage is insurance under applicable law, that provides for cancellation of all or part of a borrowers liability in the event of loss of life, health, personal property, or income or in the case of accident written in connection with a home loan; or (B) any life, accident, health, or loss-of-income insurance without regard to the identity of the ultimate beneficiary of such insurance; provided, however, that for the purposes of this Code section, any premiums or charges calculated and paid on a periodic basis that are not added to the principal of the loan shall not be considered financed directly or indirectly by the creditor; (2) No creditor or servicer shall recommend or encourage default on an existing loan or other debt prior to and in connection with the closing or planned closing of a home loan that refinances all or any portion of such existing loan or debt; (3) No creditor or servicer may charge a borrower a late payment charge unless the loan documents specifically authorize the charge, the charge is not imposed unless the payment is past due for ten days or more, and the charge does not exceed 5 percent of the amount of the late payment. A late payment charge may not be imposed more than once with respect to a single late payment and no late payment charge may be charged with respect to any subsequent payment that would have been a full payment but for the previous default or the imposition of the previous late payment charge; and (4) No creditor or servicer may charge a fee for informing or transmitting to any person the balance due to pay off a home loan or to provide a release upon prepayment. When such information is provided by facsimile or if it is provided upon request within 60 days of the fulfillment of a previous request, a creditor or servicer may charge a processing fee up to $10.00. Payoff balances shall be provided within a

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reasonable time but in any event no more than five business days after the request.
7-6A-4. No creditor may engage in the unfair act or practice of "flipping" a home loan. Flipping occurs when a creditor makes a covered home loan to a borrower that refinances an existing home loan that was consummated within the prior five years when the new loan does not provide reasonable, tangible net benefit to the borrower considering all of the circumstances, including the terms of both the new and refinanced loans, the cost of the new loan, and the borrowers circumstances. In addition, the home loan refinancing transaction shall be presumed to be a flipping where a covered home loan refinances an existing home loan that was consummated within the prior five years and that is a special mortgage originated, subsidized, or guaranteed by or through a state, tribal, or local government or a nonprofit organization, which either bears a below-market interest rate at the time the loan was originated or has nonstandard payment terms beneficial to the borrower, such as payments that vary with income, are limited to a percentage of income, or where no payments are required under specified conditions and where, as a result of the refinancing, the borrower will lose one or more of the benefits of the special mortgage.
7-6A-5. High-cost home loans shall be subject to the following limitations and prohibited practices:
(1) No prepayment fees or penalties shall be provided for in the loan documents for a high-cost home loan or charged the borrower after the last day of the twenty-fourth month following the loan closing or which exceed in the aggregate:
(A) In the first 12 months after the loan closing, more than 2 percent of the loan amount prepaid; or (B) In the second 12 months after the loan closing, more than 1 percent of the amount prepaid; (2) A high-cost home loan shall not contain a scheduled payment that is more than twice as large as the average of earlier scheduled payments. This provision does not apply when the payment schedule is adjusted to the seasonal or irregular income of the borrower; (3) A high-cost home loan shall not include payment terms under which the outstanding principal balance will increase at any time over the course of the loan because the regular periodic payments do not cover the full amount of interest due; (4) A high-cost home loan shall not contain a provision that increases the interest rate after default. This provision does not apply to interest rate changes in a variable rate loan otherwise consistent with the provisions of the loan documents, provided the change in the interest rate is not triggered by the event of default or the acceleration of the indebtedness; (5) A high-cost home loan shall not include terms under which more than two periodic payments required under the loan are consolidated and paid in advance from

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the loan proceeds provided to the borrower; (6) Without regard to whether a borrower is acting individually or on behalf of others similarly situated, any provision of a high-cost home loan agreement that allows a party to require a borrower to assert any claim or defense in a forum that is less convenient, more costly, or more dilatory for the resolution of a dispute than a judicial forum established in this state where the borrower may otherwise properly bring the claim or defense or limits in any way any claim or defense the borrower may have is unconscionable and void; (7) A creditor shall not make a high-cost home loan without first receiving certification from a counselor with a third-party nonprofit organization approved by the United States Department of Housing and Urban Development or the Georgia Housing and Finance Authority that the borrower has received counseling on the advisability of the loan transaction. No creditor, servicer, or its institution shall be required to contribute to the funding of any nonprofit organization that provides counseling required pursuant to this paragraph; (8) A creditor shall not make a high-cost home loan unless a reasonable creditor would believe at the time the loan is consummated that the borrower residing in the home will be able to make the scheduled payments associated with the loan based upon a consideration of his or her current and expected income, current obligations, employment status, and other financial resources, other than the borrowers equity in the collateral that secures repayment of the loan. There is a rebuttable presumption that the borrower residing in the home is able to make the scheduled payments to repay the obligation if, at the time the loan is consummated, said borrowers total monthly debts, including amounts under the loan, do not exceed 50 percent of said borrowers monthly gross income as verified by tax returns, payroll receipts, and other third-party income verification; (9) A creditor or servicer shall not pay a contractor under a home improvement contract from the proceeds of a high-cost home loan unless:
(A) The creditor or servicer is presented with an affidavit of the contractor that the work has been completed, which affidavit meets the requirements of Code Section 44-14-361.2; and (B) The proceeds are disbursed in an instrument payable to the borrower or jointly to the borrower and the contractor or, at the election of the borrower, through a third-party escrow agent in accordance with terms established in a written agreement signed by the borrower, the drafter of the instrument, and the contractor prior to the disbursement; (10) A creditor or servicer shall not charge a borrower any fees or other charges to modify, renew, extend, or amend a high-cost home loan or to defer any payment due under the terms of a high-cost home loan; (11) A creditor who makes a high-cost home loan and who has the legal right to foreclose shall provide notice of the intent to foreclose to the borrower in writing by certified mail, return receipt requested, to the address of the borrower last known to the creditor. Such notice shall be sent to the borrower at least 14 days prior to the

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publication of the legal advertisement required by Code Section 44-14-162; (12) If a creditor or servicer asserts that grounds for acceleration of a high-cost home loan exist and requires the payment in full of all sums secured by the security instrument, the borrower or anyone authorized to act on the borrowers behalf shall have the right at any time, up to the time title is transferred by means of foreclosure by judicial proceeding and sale or otherwise, to cure the default and reinstate the highcost home loan by tendering the total amount of principal, interest, late fees, and escrow deposits in arrears, not including any acceleration. Cure of default as provided in this paragraph shall reinstate the borrower to the same position as if the default had not occurred and shall nullify as of the date of the cure any acceleration of any obligation under the security instrument or note arising from the default;
(13)(A) To cure a default under this Code section, a borrower shall not be required to pay any charge, fee, or penalty attributable to the exercise of the right to cure a default as provided for in this Code section, other than the fees specifically allowed by this Code section. The borrower shall not be liable for any attorneys fees relating to the borrowers default that are incurred by the creditor or servicer prior to or during the 30 day period set forth in this paragraph, nor for any such fees in excess of $100.00 that are incurred by the creditor or servicer after the expiration of the 30 day period but prior to the time the creditor or servicer files a foreclosure action or takes other action to seize or transfer ownership of the home. After the creditor or servicer files a foreclosure action or takes other action to seize or transfer ownership of the home, the borrower shall only be liable for attorneys fees that are reasonable and actually incurred by the creditor or servicer based on a reasonable hourly rate and a reasonable number of hours plus any other reasonable and necessary expenses incurred by the creditor or servicer. (B) If a default is cured prior to the initiation of any action to foreclose or to seize or transfer a home, the creditor or servicer shall not institute the foreclosure proceeding or other action for that default. If a default is cured after the initiation of any action to foreclose, the creditor or servicer shall take such steps as are necessary to terminate the foreclosure proceeding or other action. (C) Before any action is filed to foreclose upon the home or other action is taken to seize or transfer ownership of a home, a notice of the right to cure the default must be delivered to the borrower informing the borrower of the following:
(i) The nature of the default claimed on the high-cost home loan and of the borrowers right to cure the default by paying the sum of money required to cure the default. If the amount necessary to cure the default will change during the 30 day period after the effective date of the notice due to the application of a daily interest rate or the addition of late fees as allowed by this chapter, the notice shall give sufficient information to enable the borrower to calculate the amount at any point during the 30 day period; (ii) The date by which the borrower shall cure the default to avoid acceleration and initiation of foreclosure or other action to seize the home which date shall not be less than 30 days after the date the notice is effective and the name and address

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and phone number of a person to whom the payment or tender shall be made; (iii) That, if the borrower does not cure the default by the date specified, the creditor or servicer may take steps to terminate the borrowers ownership in the property by commencing a foreclosure proceeding or other action to seize the home; and (iv) The name and address of the creditor or servicer and the telephone number of a representative of the creditor or servicer whom the borrower may contact if the borrower disagrees with the creditors or servicers assertion that a default has occurred or the correctness of the creditors or servicers calculation of the amount required to cure the default; (14) A high-cost home loan shall not contain nor shall a creditor or servicer enforce a provision that permits a creditor or servicer, in its sole discretion, to accelerate the indebtedness. This paragraph does not prohibit acceleration of the loan in good faith due to the borrowers failure to abide by the material terms of the loan; and (15) All high-cost home loan documents that create a debt or pledge property as collateral shall contain the following notice on the first page in a conspicuous manner: "Notice: This is a mortgage subject to special rules under the 'Georgia Fair Lending Act.' Purchasers or assignees of this mortgage may be liable for all claims and defenses by the borrower with respect to the mortgage."
7-6A-6. (a) Notwithstanding any other provision of law, where a home loan was made, arranged, or assigned by a person selling home improvements to the dwelling of a borrower, the borrower may assert against the creditor all affirmative claims and any defenses that the borrower may have against the seller or home improvement contractor, provided that this subsection shall not apply to loans other than high-cost home loans unless applicable law requires a certificate of occupancy, inspection, or completion to be obtained and said certificate is not obtained. (b) Notwithstanding any other provision of law, any person who purchases or is otherwise assigned a high-cost home loan shall be subject to all affirmative claims and any defenses with respect to the loan that the borrower could assert against the original creditor or creditors of the loan, provided that this subsection shall not apply if the purchaser or assignee demonstrates by a preponderance of the evidence that a reasonable person exercising reasonable due diligence could not determine that the mortgage was a high-cost home loan. It shall be presumed that a purchaser or assignee has exercised such due diligence if the purchaser or assignee demonstrates by a preponderance of the evidence that the purchaser or assignee:
(1) Has in place at the time of the acquisition of the subject loans, policies that expressly prohibit its purchase or acceptance of assignment of any high-cost home loans; (2) Requires by contract that a seller or assignor of the home loans to the purchaser or assignee represents and warrants to the purchaser or assignee that either (A) the seller or assignor will not sell or assign any high-cost home loans to the purchaser or

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assignee or (B) that such seller or assignor is the beneficiary of such a representation and warranty from a previous seller or assignor; and (3) Exercises reasonable due diligence at the time of purchase or assignment of any home loans, or within a reasonable period of time from the purchase or assignment of home loans thereafter, intended to prevent the purchaser or assignee from purchasing or taking assignment of any high-cost home loans; or (4) Satisfies the requirements in paragraphs (1) and (2) of this subsection and establishes that a reasonable person exercising ordinary due diligence could not determine, based on the documentation required by 15 U.S.C. Section 1601, et seq., and the itemization of the amount financed and other disclosure disbursements, that the loan was a high-cost home loan. (c) Notwithstanding any other provision of law, but limited to amounts required to reduce or extinguish the borrowers liability under the home loan plus amounts required to recover costs including reasonable attorneys fees, a borrower acting only in an individual capacity may assert against the creditor or any subsequent holder or assignee of the covered home loan: (1) Within five years of the closing of a covered home loan, a violation of this chapter in connection with the loan as an original action or as a defense, claim, or counterclaim after an action to collect on the home loan or foreclose on the collateral securing the home loan has been initiated, the debt arising from the home loan has been accelerated, or the home loan has become 60 days in default; and (2) At any time during the term of a high-cost home loan, after an action to collect on the home loan or foreclose on the collateral securing the home loan has been initiated, the debt arising from the home loan has been accelerated, or the home loan has become 60 days in default any defense, claim, or counterclaim. (d) It shall be a violation of this chapter for any person to attempt in bad faith to avoid the application of this chapter by dividing any loan transaction into separate parts or structuring a home loan transaction as an open-end loan for the purpose of evading the provisions of this chapter when the loan would have been a high-cost home loan if the loan had been structured as a closed-end loan or engaging in any other subterfuge with the intent of evading any provision of this chapter. (e) Nothing in this Code section shall be construed to limit the substantive rights, remedies, or procedural rights available to a borrower against any creditor, assignee, or holder under any other law. The limitations on assignee liability in subsection (b) of this Code section shall not apply to the assignee liability in subsection (c) of this Code section.
7-6A-7. (a) Any person found by a preponderance of the evidence to have violated this chapter shall be liable to the borrower for the following:
(1) Actual damages, including consequential and incidental damages; (2) Statutory damages equal to the recovery of two times the interest paid under the loan and forfeiture of interest under the loan for any violation of paragraph (1) or (2)

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of Code Section 7-6A-3, any violation of Code Section 7-6A-4, or any violation of Code Section 7-6A-5; (3) Punitive damages subject to Code Section 51-12-5.1; and (4) Costs and reasonable attorneys fees. (b) A borrower may be granted injunctive, declaratory, and such other equitable relief as the court deems appropriate in an action to enforce compliance with this chapter including, but not limited to, the following: (1) Notwithstanding any other provision of law, a court shall have the discretion not to require a borrower of a covered home loan seeking injunctive or other equitable relief under the provisions of this chapter to make a tender upon a showing that the borrower has a reasonable likelihood of being successful on the merits. When tender is not required by the court, upon application to the court by the creditor, the court shall require the borrower to pay into the registry of the court all regularly scheduled home loan payments including property taxes and homeowners hazard insurance premiums if required by escrow agreement which are the responsibility of the borrower payable to the creditor or servicer under the terms of the home loan agreement which become due after the filing of the legal action, said home loan payments to be paid as such become due, and such other expenses provided under the home loan agreement as the court may deem just, provided that regularly scheduled payments shall not include any payments allegedly due under any acceleration provision of the home loan. If the creditor or servicer and the borrower disagree as to the amount of the home loan payments due, either or both of them may submit to the court any written home loan agreement for the purpose of establishing the amount of home loan payments to be paid into the registry of the court; (2) If the borrower should fail to make any regularly scheduled payment as it becomes due after the filing of this action, upon application to the court by the creditor or servicer, the court may issue an order denying the borrowers petition for injunctive or other equitable relief, and vacating any decree for injunctive or equitable relief previously entered by the court; and (3) The court shall order the clerk of the court to pay to the creditor or any person the creditor may designate the payments claimed under the home loan agreement paid into the registry of the court as said payments are made; provided, however, that, if the borrower claims that he or she is entitled to all or any part of the funds and such claim is an issue of controversy in the litigation, the court shall order the clerk to pay to the creditor or any person the creditor may designate without delay only that portion of the funds to which the borrower has made no claim in the proceedings or may make such other order as is appropriate under the circumstances. That part of the funds which is a matter of controversy in the litigation shall remain in the registry of the court until a determination of the issues by the trial court. If either party appeals the decision of the trial court, that part of the funds equal to any sums found by the trial court to be due from the creditor or servicer to the borrower shall remain in the registry of the court until a final determination of the issues. The court shall order the clerk to pay to the creditor or any person the creditor may designate without delay the

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remaining funds in court and all payments of future home loan payments made into court pursuant to paragraph (1) of this subsection unless the borrower can show good cause that some or all of such payments should remain in court pending a final determination of the issues. (c) The remedies provided in this chapter shall be cumulative. (d) Any violation of this chapter may be enforced pursuant to Code Section 9-11-23. (e) The right of rescission granted and defined under 15 U.S.C. Section 1601, et seq., and a right of rescission for any violation of paragraph (1) or (2) of Code Section 7-6A3, any violation of Code Section 7-6A-4, or any violation of Code Section 7-6A-5 shall be available to a borrower of a high-cost home loan at any time during the term of the loan not to exceed a period of five years after the consummation of the loan. (f) The brokering of a home loan that violates the provisions of this chapter shall constitute a violation of such provisions. (g) Without regard to whether a borrower is acting individually or on behalf of others similarly situated, any provision of a home loan agreement that allows a party to require a borrower to assert any claim or defense in a forum that is less convenient, more costly, or more dilatory for the resolution of a dispute than a judicial forum established in this state where the borrower may otherwise properly bring the claim or defense or limits in any way any claim or defense the borrower may have is unconscionable and void. (h) An action under this chapter may be brought within four years of the date of the last payment made or five years after the date of the first scheduled payment, whichever is earlier, by the borrower under the home loan. (i) The remedies provided in this chapter are not intended to be the exclusive remedies available to a borrower nor must the borrower exhaust any administrative remedies provided under this chapter or any other applicable law before proceeding under this Code section.
7-6A-8. (a) The Attorney General, the district attorneys of this state, and the commissioner of banking and finance shall have jurisdiction to enforce this chapter through their general regulatory powers and through civil process. The Commissioner of Insurance shall have like authority to enforce paragraph (1) of Code Section 7-6A-3. (b) Any person, including members, officers, and directors of a creditor, who knowingly violates this chapter is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $1,000.00 for each violation or to imprisonment not exceeding six months, or both.
7-6A-9. A creditor or servicer or an insurer providing insurance through premiums financed by a creditor of a home loan who, when acting in good faith, fails to comply with the provisions of this chapter will not be deemed to have violated this chapter if the creditor or servicer or insurer providing insurance through premiums financed by a creditor

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establishes that either: (1) Within 90 days of the loan closing and prior to receiving any notice from the borrower of the compliance failure, (A) the creditor or servicer has offered appropriate restitution to the borrower and appropriate adjustments are made to the loan or (B) to correct a compliance failure of paragraph (1) of Code Section 7-6A-3, an insurer providing insurance through premiums financed by a creditor may provide appropriate restitution to the borrower by returning premiums paid plus interest charged on the premiums to the borrower upon receipt of notice of the compliance failure; or (2) Within 90 days of discovering a compliance failure and prior to receiving any notice of the compliance failure and the compliance failure was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid such errors, the borrower is notified of the compliance failure, appropriate restitution is offered to the borrower, and appropriate adjustments are made to the loan. Examples of a bona fide error include clerical, calculation, computer malfunction and programming, and printing errors. An error of legal judgment with respect to a persons obligations under this chapter is not a bona fide error.
7-6A-10. The provisions of this chapter shall be severable and, if any phrase, clause, sentence, or provision is declared to be invalid or is preempted by federal law or regulation, the validity of the remainder of this chapter shall not be affected thereby. If any provision of this chapter is declared to be inapplicable to any category of persons or any specific category, type, or kind of loan or portions thereof, the provisions of this chapter shall nonetheless continue to apply with respect to all other persons and all other loans or portions thereof.
7-6A-11. No municipality or county shall enact any ordinance or law that regulates the terms of home loans or that makes the eligibility of any person or entity to do business with the municipality or county dependent upon the terms of home loans originated or serviced by such person or entity.
7-6A-12. The provisions of this chapter shall not apply to any bank, trust company, savings and loan, savings bank, or credit union, respectively, that is chartered under the laws of this state or any other state only to the extent federal law precludes or preempts or has been determined to preclude or preempt the application of the provisions of this chapter to any federally chartered bank, trust company, savings and loan, savings bank, or credit union, respectively, and such federal preclusion or preemption shall apply only to the same type of state chartered entity as the federally chartered entity affected; provided, however, that the provisions of this chapter, including subsection (f) of Code Section 7-

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6A-7, shall be applicable to an independent mortgage broker for any loan originated or brokered by the broker that is initially funded by any state or federally chartered bank, trust company, savings and loan, savings bank, or credit union.'

SECTION 2. This Act shall become effective on July 1, 2005, and shall apply with respect to all home loans made or entered into after that date.

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

Senator Seabaugh of the 28th requested a ruling of the Chair as to the germaneness of the amendment.

The President ruled the amendment germane.

Senator Seabaugh of the 28th appealed the ruling of the Chair.

Pursuant to Senate Rule 8-1.11(a), Secretary of the Senate Frank Eldridge, Jr., acting Parliamentarian, ruled the amendment not germane.

Senator Thompson of the 33rd objected to the ruling of the Senate Parliamentarian and moved to appeal.

On the motion to appeal the ruling of the acting Parliamentarian, the question was, "Shall the ruling of the Parliamentarian be sustained?" A roll call was taken, and the vote was as follows:

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans
Golden Y Grant Y Hamrick

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens E Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell N Reed Y Rogers

Y Smith E Starr Y Staton Y Stephens N Stoner N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson Y Unterman N Walker Y Weber Y Whitehead

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E Harbison Y Harp Y Heath N Henson

Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Wiles Y Williams N Zamarripa

On the motion, the yeas were 33, nays 19, the ruling of the Parliamentarian was sustained and the amendment was not germane.

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 Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick E Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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

SB 100, having received the requisite constitutional majority, was passed by substitute.

Serving as doctor of the day was Dr. Ralph Tillman.

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The following communication was received by the Secretary:

Senator Dan Moody District 56 421-C State Capitol Atlanta, GA 30334

Committees: Education and Youth Insurance and Labor Appropriations Rules Ethics Reapportionment and Redistricting

The State Senate Atlanta, Georgia 30334

To:
From: Date: Ref:

Frank Eldridge, Jr. Secretary of the Senate Senator Dan Moody February 14, 2005 SB 5

Please remove the following sponsors from SB 5:

/s/ Eric Johnson of the 1st /s/ David Shafer of the 48th /s/ Bill Stephens of the 27th /s/ Mitch Seabaugh of the 28th

Senator Stephens of the 27th moved that the Senate adjourn until 9:00 a.m. Wednesday, February 23, 2005.

The motion prevailed, and the President announced the Senate adjourned at 3:01 p.m.

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Senate Chamber, Atlanta, Georgia Wednesday, February 23, 2005 Twenty-third Legislative Day

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

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

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

The Journal was confirmed.

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

Mr. President:

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

HB 22.

By Representatives Hill of the 21st, Scheid of the 22nd and Byrd of the 20th:

A BILL to be entitled an Act to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding sales and use taxation, so as to change the tax situs of certain motor vehicle transactions; to repeal conflicting laws; and for other purposes.

HB 50.

By Representative Teilhet of the 40th:

A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to authorize the exchange of national criminal history background checks on providers of care to children, the elderly, and persons with disabilities, including, but not limited to, volunteers with youth sports organizations and other youth activities; to define terms; to provide for conformity with federal law; to provide for rules and regulations; to provide for fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

HB 59.

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By Representatives Ehrhart of the 36th and Lunsford of the 110th:
A BILL to be entitled an Act to amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, the "Georgia Minimum Wage Law," so as to change provisions relating to the prohibition of local government wage and employment benefit mandates; to provide that no local government entity may through its purchasing or contracting procedures seek to control or affect the wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government entity; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 172.

By Representatives Golick of the 34th, Roberts of the 154th, Ralston of the 7th, Mumford of the 95th, Miller of the 106th and others:
A BILL to be entitled an Act to enact the "Crime Victims Restitution Act of 2005" so as to substantially revise the laws of this state relating to the conduct of criminal trials and the impact of the criminal justice system on victims of crime; to amend Article 5 of Chapter 3 of Title 9 of the O.C.G.A., relating to tolling of limitations in civil cases, so as to provide for a statute of repose in certain tort actions brought by victims of crimes against the persons accused of such crimes; to amend Title 17 of the O.C.G.A., relating to criminal procedure, so as to change the provisions relating to victim impact statements; to amend Code Section 48-7-161 of the O.C.G.A., relating to definitions relating to setoff debt collection, so as to change the provisions relating to collection of restitution for victims of crime; to provide for effective date; to repeal conflicting laws; and for other purposes.

HB 203.

By Representatives Royal of the 171st, Williams of the 4th, McCall of the 30th, Hanner of the 148th, Roberts of the 154th and others:
A BILL to be entitled an Act to amend Code Section 48-5-41.1 of the Official Code of Georgia Annotated, relating to agricultural products and equipment exempt from ad valorem tax, so as to expand the ad valorem exemption for farm equipment to include certain equipment held under a lease purchase agreement; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

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HB 206.

By Representatives Walker of the 107th, Brown of the 69th, Lane of the 158th and Burns of the 157th:
A BILL to be entitled an Act to define and provide for a new category of facilities to be designated as "assisted living facilities" and to include "assisted living facilities - Level I" and "assisted living facilities - Level II" within such category; to amend Code Section 10-1-393 of the O.C.G.A., relating to unfair or deceptive practices, so as to change certain provisions relating to providing personal care services; to amend Code Section 25-213 of the O.C.G.A., relating to buildings presenting special hazards, so as to change the listing of buildings and the applicability of certain provisions thereto; to amend Title 31 of the O.C.G.A., relating to health, so as to change certain terms and definitions; to provide for admissions, examinations, inspections, employees, licensing, and staffing; to provide for fees and penalties; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

HB 327.

By Representatives Coan of the 101st, Fleming of the 117th, Carter of the 159th, Williams of the 4th, Teilhet of the 40th and others:
A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers compensation, so as to authorize the State Board of Workers Compensation to issue rules relating to the electronic submission and transmission of documents; to provide for schedule of hearings relating to determination of noncatastrophic injury status; to change a provision relating to the designation process for a catastrophic injury by creating a rebuttable presumption; to change the compensation for temporary total disability; to change the compensation for temporary partial disability; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

SB 231. By Senators Whitehead, Sr. of the 24th, Williams of the 19th and Goggans of the 7th:
A BILL to be entitled an Act to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation's power to contract, so as to revise the criteria for design-build

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contracts entered into by the department; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
SB 232. By Senators Carter of the 13th, Hill of the 32nd, Seabaugh of the 28th, Harp of the 29th, Rogers of the 21st and others:
A BILL to be entitled an Act to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to change provisions relating to determination of the standard of care and determination of whether that standard has been breached in deciding certain actions relating to the provision of emergency medical services by a hospital or health care provider; to define terms; to state findings; to provide for factors to be considered and practice and procedure; to provide for related matters; to provide for construction with respect to other Acts; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 233. By Senator Seay of the 34th:
A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 25, 1994 (Ga. L. 1994, p. 4138), and an Act approved April 16, 1999 (Ga. L. 1999, p. 4556), so as to provide for the salaries of the judges of the state court; to provide for the salary of the solicitor of the state court; to provide for a county supplement; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 234. By Senators Tolleson of the 20th, Hudgens of the 47th, Zamarripa of the 36th, Hill of the 4th and Adelman of the 42nd:
A BILL to be entitled an Act to amend Code Section 40-2-137 of the Official Code of Georgia Annotated, relating to definitions, notification of insurance coverage termination, and the lapse fee, so as to provide for a ten-day period before lapse fees are applied for termination of insurance coverage; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

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SB 235. By Senators Hamrick of the 30th and Reed of the 35th:
A BILL to be entitled an Act to amend an Act to create a new judicial circuit for the State of Georgia, to be known as the Douglas Judicial Circuit, to be composed of the County of Douglas, approved March 20, 1980 (Ga. L. 1980, p. 563), as amended, so as to provide for the employment by the district attorney with the approval of the board of commissioners of certain personnel; to provide that investigators employed by the district attorney shall have the powers of peace officers and shall be qualified as peace officers; to provide for related matters; to provide for applicability and automatic termination of such provision; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 236. By Senators Hudgens of the 47th and Brown of the 26th:
A BILL to be entitled an Act to amend Code Section 45-18-9 of the Official Code of Georgia Annotated, relating to the right of continuation of health coverage for a spouse or dependent of a deceased public employee, right to resumption of coverage, payment of contributions, and promulgation of rules and regulations as to continuance, discontinuance, and resumption of coverage, so as to provide that the surviving spouse and dependents of a state employee killed while acting in the scope of his or her employment shall be entitled to continue coverage under the state health insurance plan under certain conditions; to provide that any person so eligible to continue such coverage shall pay the same premium as an active state employee; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

SB 237. By Senators Balfour of the 9th and Shafer of the 48th:
A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of judges of superior court, so as to provide for a ninth judge of the superior courts of the Gwinnett Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of such judge; to prescribe the compensation, salary, and expense allowance of such judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of such circuit to divide and allocate the work and duties thereof; to provide for the manner of impaneling jurors; to provide

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for an additional court reporter for such circuit; to declare inherent authority; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 238. By Senators Hill of the 32nd 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 relative to torts, so as to provide for immunity from civil liability for nonprofit organizations and individuals that financially sponsor charitable fundraising events; to provide for an exception; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 239. By Senators Mullis of the 53rd, Reed of the 35th, Smith of the 52nd, Zamarripa of the 36th and Kemp of the 46th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate promoting the 501(c)(3) foundation of the Atlanta Falcons professional sports team in Georgia; to provide for issuance, renewal, fees, licensing agreements, applications, transfers, and disposition of funds relative to such special license plates; to provide for related matters; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SB 240. By Senators Mullis of the 53rd, Hamrick of the 30th, Smith of the 52nd, Thomas of the 54th and Pearson of the 51st:
A BILL to be entitled an Act to amend Code Section 15-21-2 of the O.C.G.A., relating to payment into county treasuries of fines and forfeitures, so as to provide for payment of certain moneys arising from traffic fines to the Department of Public Safety for payment into the state treasury; to provide for certain appropriations based on such fines; to amend Article 2 of Chapter 13 of Title 40 of the O.C.G.A., relating to arrests, trials, and appeals relative to prosecution of misdemeanor traffic offenses, so as to provide for payment of

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certain moneys arising from traffic fines to the Department of Public Safety for payment into the state treasury; to provide for certain appropriations based on such fines; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 241. By Senators Shafer of the 48th, Staton of the 18th, Cagle of the 49th, Heath of the 31st and Douglas of the 17th:
A BILL to be entitled an Act to amend Chapter 12 of Title 10 of the Official Code of Georgia Annotated, relating to electronic records and signatures, so as change provisions relating to the legal effect of electronic records and signatures; to change provisions relating to notarized documents; to amend Code Section 15-10-53 of the Official Code of Georgia Annotated, relating to filing documents by electronic means, so as to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.
SB 242. By Senators Hudgens of the 47th, Rogers of the 21st, Heath of the 31st and Chance of the 16th:
A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to the certificate of need program, so as to provide for an exemption from the certificate of need requirements for the voluntarily relocation of a health care facility under certain conditions; to provide for an exemption from the certificate of need requirements for the relocation, repair, or replacement of a health care facility that is damaged, destroyed, or rendered inoperable under certain conditions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 243. By Senators Goggans of the 7th, Thomas of the 54th, Williams of the 19th, Whitehead, Sr. of the 24th and Balfour of the 9th:
A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 49 of the An O.C.G.A., relating to general provisions relative to services for the aging, so as to provide for the development of a strategy for disseminating information to the public concerning the availability of pharmaceutical assistance programs and pharmaceutical discount purchasing card programs; to

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671

provide for the coordination of such dissemination of information through the Division of Aging Services of the Department of Human Resources; to provide for the establishment and maintenance of a website and a toll-free telephone number for the dissemination of information; to ensure that area agencies on aging receive adequate information concerning the services; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 244. By Senators Hudgens of the 47th, Kemp of the 46th, Douglas of the 17th and Grant of the 25th:
A BILL to be entitled an Act to amend Title 47 of the O.C.G.A., relating to retirement and pensions, so as to create the Magistrates Retirement Fund; to define certain terms; to create a board of commissioners; to provide for appointment and terms of members of the board; to provide for the office of secretary-treasurer of the board; to provide for additional employees; to provide for a salary and fund membership; to provide for powers and duties of the board; to provide that the state auditor shall make annual audits of the fund; to provide conditions for eligibility for membership; to provide conditions for eligibility to receive a retirement benefit; to provide for a retirement benefit; to provide for benefits for surviving spouses; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
SB 245. By Senators Heath of the 31st, Rogers of the 21st, Carter of the 13th, Pearson of the 51st, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 10 of the O.C.G.A., relating to business records, so as to require a person or business that conducts business in this state and that owns or licenses computerized data that includes personal information to disclose in specified ways any breach of the security of the data to any resident of this state whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person; to permit notification to be delayed if a law enforcement agency determines that it would impede a criminal investigation; to provide for certain civil actions; to define certain terms; to amend Chapter 18 of Title 50 of the O.C.G.A.; to define certain terms; to provide for legislative findings and declarations; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.

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SB 246. By Senator Unterman of the 45th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Buford ad valorem taxes for municipal purposes in the amount of $22,000.00 of the assessed value of the homestead after a five-year phase-in period for residents of the City of Buford; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 247. By Senator Unterman of the 45th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Buford ad valorem taxes for municipal purposes for the full value of the homestead for residents of that city who are 70 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SR 205. By Senators Thompson of the 5th, Stoner of the 6th, Grant of the 25th, Powell of the 23rd, Walker of the 22nd and others:
A RESOLUTION urging the Congress of the United States to amend Title XXI of the Social Security Act to remove exclusions which prohibit enrollment of children of public employees in the PeachCare for Kids Program created under Code Section 49-5-273; and for other purposes.
Referred to the Insurance and Labor Committee.
SR 213. By Senators Wiles of the 37th, Johnson of the 1st, Stephens of the 27th, Balfour of the 9th, Seabaugh of the 28th and others:
A RESOLUTION appointing Claud Lee McIver III to the State Election Board; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

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673

The following House legislation was read the first time and referred to committee:
HB 22. By Representatives Hill of the 21st, Scheid of the 22nd and Byrd of the 20th:
A BILL to be entitled an Act to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding sales and use taxation, so as to change the tax situs of certain motor vehicle transactions; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 50. By Representative Teilhet of the 40th:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to authorize the exchange of national criminal history background checks on providers of care to children, the elderly, and persons with disabilities, including, but not limited to, volunteers with youth sports organizations and other youth activities; to define terms; to provide for conformity with federal law; to provide for rules and regulations; to provide for fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
HB 59. By Representatives Ehrhart of the 36th and Lunsford of the 110th:
A BILL to be entitled an Act to amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, the "Georgia Minimum Wage Law," so as to change provisions relating to the prohibition of local government wage and employment benefit mandates; to provide that no local government entity may through its purchasing or contracting procedures seek to control or affect the wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government entity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
HB 172. By Representatives Golick of the 34th, Roberts of the 154th, Ralston of the 7th, Mumford of the 95th, Miller of the 106th and others:
A BILL to be entitled an Act to enact the "Crime Victims Restitution Act of 2005" so as to substantially revise the laws of this state relating to the conduct

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of criminal trials and the impact of the criminal justice system on victims of crime; to amend Article 5 of Chapter 3 of Title 9 of the O.C.G.A., relating to tolling of limitations in civil cases, so as to provide for a statute of repose in certain tort actions brought by victims of crimes against the persons accused of such crimes; to amend Title 17 of the O.C.G.A., relating to criminal procedure, so as to change the provisions relating to victim impact statements; to amend Code Section 48-7-161 of the O.C.G.A., relating to definitions relating to setoff debt collection, so as to change the provisions relating to collection of restitution for victims of crime; to provide for effective date; to repeal conflicting laws; and for other purposes.

Referred to the Judiciary Committee.

HB 203. By Representatives Royal of the 171st, Williams of the 4th, McCall of the 30th, Hanner of the 148th, Roberts of the 154th and others:
A BILL to be entitled an Act to amend Code Section 48-5-41.1 of the Official Code of Georgia Annotated, relating to agricultural products and equipment exempt from ad valorem tax, so as to expand the ad valorem exemption for farm equipment to include certain equipment held under a lease purchase agreement; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

Referred to the Finance Committee.

HB 206. By Representatives Walker of the 107th, Brown of the 69th, Lane of the 158th and Burns of the 157th:
A BILL to be entitled an Act to define and provide for a new category of facilities to be designated as "assisted living facilities" and to include "assisted living facilities - Level I" and "assisted living facilities - Level II" within such category; to amend Code Section 10-1-393 of the O.C.G.A., relating to unfair or deceptive practices, so as to change certain provisions relating to providing personal care services; to amend Code Section 25-2-13 of the O.C.G.A., relating to buildings presenting special hazards, so as to change the listing of buildings and the applicability of certain provisions thereto; to amend Title 31 of the O.C.G.A., relating to health, so as to change certain terms and definitions; to provide for admissions, examinations, inspections, employees,

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675

licensing, and staffing; to provide for fees and penalties; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Health and Human Services Committee.

HB 327. By Representatives Coan of the 101st, Fleming of the 117th, Carter of the 159th, Williams of the 4th, Teilhet of the 40th and others:

A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers compensation, so as to authorize the State Board of Workers Compensation to issue rules relating to the electronic submission and transmission of documents; to provide for schedule of hearings relating to determination of noncatastrophic injury status; to change a provision relating to the designation process for a catastrophic injury by creating a rebuttable presumption; to change the compensation for temporary total disability; to change the compensation for temporary partial disability; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Insurance and Labor Committee.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 103 SB 196

Do Pass Do Pass

Mr. President:

Respectfully submitted, Senator Moody of the 56th District, Chairman

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 263 HB 293

Do Pass Do Pass

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

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Mr. President:

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

SB 173 SB 199

Do Pass by substitute Do Pass

SB 204 SB 208

Do Pass by substitute Do Pass

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

Mr. President:

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

SB 179

Do Pass

Respectfully submitted, Senator Harp of the 29th 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 295 Do Pass

Respectfully submitted, Senator Wiles of the 37th District, Chairman

The following legislation was read the second time:

HB 217 HR 47

SB 13 SB 25

SB 91 SB 96

SB 111 SB 209

SB 210

SR 166

Senator Brown of the 26th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

Senator Hooks of the 14th asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr was excused.

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677

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

Adelman Balfour Brown Bulloch Butler Cagle Carter Chance Chapman Douglas Fort Golden Grant Hamrick Harbison Harp

Heath Hill,Judson Hooks Hudgens Johnson Jones Kemp Me V Bremen Miles Moody Mullis Pearson Powell Rogers Schaefer Seabaugh

Seay Shafer,D Smith Staton Stoner Tate Thomas,D Thomas,R Tolleson Unterman Walker Weber Whitehead Wiles Zamarripa

Not answering were Senators:

Goggans Reed Thompson, C

Henson Starr (Excused) Thompson, S (Excused)

Hill, Jack (Excused) Stephens (Excused) Williams (Excused)

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

Senators:

Reed

Thompson, C

The members pledged allegiance to the flag.

Senator Hudgens of the 47th introduced the chaplain of the day, Reverend Dick Hester of Roswell, Georgia, who offered scripture reading and prayer.

Senator Heath of the 31st introduced the doctor of the day, Dr. John T. Perry III.

Senator Fort of the 39th spoke to SR 193, recognizing and honoring Benedita da Silva, adopted previously.

The following resolutions were read and adopted:

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SR 201. By Senator Balfour of the 9th:
A RESOLUTION recognizing and commending the Waffle House restaurant system; and for other purposes.
SR 202. By Senator Balfour of the 9th:
A RESOLUTION recognizing and commending the establishment of the Georgia Campus - Philadelphia College of Osteopathic Medicine; and for other purposes.
SR 203. By Senator Whitehead, Sr. of the 24th:
A RESOLUTION declaring August 30, 2005, as David Bushnell Day in Georgia; and for other purposes.
SR 204. By Senator Whitehead, Sr. of the 24th:
A RESOLUTION commending J. Wade Padgett; and for other purposes.
SR 206. By Senator Hudgens of the 47th:
A RESOLUTION commending Miss Jena Sims; and for other purposes.
SR 207. By Senator Shafer of the 48th:
A RESOLUTION expressing regret at the passing of Travis Alan Wansley; and for other purposes.
SR 208. By Senator Mullis of the 53rd:
A RESOLUTION congratulating the 2004 Gordon Lee High School Softball Team, winners of the Class A State Championship; and for other purposes.
SR 209. By Senator Hill of the 32nd:
A RESOLUTION commending the 2004 Walton High School Football Team and Coach Ed Dudley; and for other purposes.
SR 210. By Senator Hill of the 32nd:
A RESOLUTION commending the Center for Advanced Studies in Science, Math, and Technology at Wheeler High School; and for other purposes.

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679

SR 211. By Senator Hill of the 32nd:

A RESOLUTION commending the academic achievements of Dodgen Middle School; and for other purposes.

SR 212. By Senator Hill of the 32nd:

A RESOLUTION commending and congratulating Jordan Schwartz; and for other purposes.

Senator Wiles of the 37th asked unanimous consent that the following bill be withdrawn from the Senate Special Judiciary Committee and committed to the Senate Judiciary Committee:

SB 101. By Senators Wiles of the 37th, Harp of the 29th, Reed of the 35th and Weber of the 40th:

A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for requests that a hearing, trial, or other proceeding be held before an elected judge of the superior or state court, as the case may be; to provide for a definition; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

The consent was granted, and SB 101 was committed to the Senate Judiciary Committee.

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

SENATE LOCAL CONSENT CALENDAR

Wednesday, February 23, 2005 Twenty-third Legislative Day

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

HB 295

Thompson of the 5th Jones of the 10th Weber of the 40th Henson of the 41st Adelman of the 42nd Miles of the 43rd Butler of the 55th DEKALB COUNTY

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A BILL to be entitled an Act to amend an Act entitled the "Unincorporated DeKalb County Community Improvement District Act of 1998," approved April 2, 1998 (Ga. L. 1998, p. 4228), as amended by an Act approved January 7, 1999 (Ga. L. 1999, p. 4805), so as to increase the number of board members on the governing body of the community improvement district authorized by such Act; to change the provisions relating to filling vacancies on the governing body of the community improvement district; to provide for appointment of an elector to fill a vacancy in certain circumstances; to provide for the term of service of such appointed members; to limit the number of appointed members serving simultaneously; to provide for a special election to fill a vacancy in certain circumstances; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the 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 Brown
Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman
Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson
Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer
Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton E Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles E Williams
Zamarripa

On the passage of the local legislation, the yeas were 45, nays 0.

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681

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

Senator Meyer von Bremen of the 12th spoke to SR 85, commending Bradley Benson, adopted previously.

SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 23, 2005 TWENTY-THIRD LEGISLATIVE DAY

SB 46

Mobile telephone service; publishing numbers; written consent of subscriber (Substitute)(S&T-48th)

SB 129

Public Transit; unlawful to solicit money /sell goods and services to operators/passengers; penalties (TRANS-42nd)

SB 35

Education; expenditure controls; charter schools; revisions of provisions (Substitute)(Amendments)(ED&Y-56th)

SB 80

Sheriffs; qualifying; nonpartisan election (Substitute)(SLGO(G)-19th)

SB 90

Ga. Smokefree Air Act; definitions; exceptions; violations; penalties (Substitute)(H&HS-54th)

SB 144

Georgia Rural Development Council; create; elect officers at July meeting (ECD-53rd)

HB 95

Code of Georgia; corrections (S JUDY-12th) Willard-49th

SB 146

GBI; change director's title; Antiterrorism Task Force; change certain prov. (PS&HS-53rd)

SB 95

Soil Scientists Licensing Act; regulate practice of soil science (Substitute)(NR&E-29th)

SR 21

Joint Early Learning Initiative Commission; create (Substitute) (ED&Y-46th)

Respectfully submitted,

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

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Senator Moody of the 56th asked unanimous consent that Senator Seabaugh of the 28th be excused. The consent was granted, and Senator Seabaugh was excused.

The following legislation was read the third time and put upon its passage:
SB 46. By Senators Shafer of the 48th, Staton of the 18th, Cagle of the 49th, Heath of the 31st and Chance of the 16th:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service in general, so as to provide that suppliers of wireless telephone service providing directory information shall not include wireless service dialing numbers without the express written consent of a subscriber; to provide for terms and conditions; to provide exceptions and authorize waivers; to provide for civil enforcement and immunity from certain liability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senator Shafer of the 48th asked unanimous consent that SB 46 be deferred until 2:15 p.m., today.
The consent was granted and SB 46 was deferred until 2:15 p.m.
SB 129. By Senators Adelman of the 42nd, Weber of the 40th, Moody of the 56th, Miles of the 43rd and Zamarripa of the 36th:
A BILL to be entitled an Act to amend Code Section 16-12-120 of the O.C.G.A., relating to conduct in public transit buses, rapid rail cars, and rapid rail or intermodal bus stations, so as to provide that it shall be unlawful to solicit money or sell goods or services for a fee to the operator or passengers of a public transit bus or rapid rail car within the confines of such vehicle or inside the paid area of a rapid rail or intermodal bus station; to provide that it shall be unlawful to distribute certain materials to the operator or passengers of a public transit bus or rapid rail car within the confines of such vehicle or within the paid area of any rapid rail station or intermodal bus station; to provide for penalties; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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683

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

Y Adelman Y Balfour Y Brown
Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

E Hill,Jack Y Hill,Judson Y Hooks
Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles
Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer E Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles E Williams Y Zamarripa

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

SB 129, having received the requisite constitutional majority, was passed.

At 10:19 a.m. the President announced that the Senate would stand in recess until 2:15 p.m. today.

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

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

Mr. President:

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

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HB 299.

By Representatives Hembree of the 67th, Ehrhart of the 36th, Martin of the 47th and Smith of the 113th:
A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide for certain definitions; to limit the number of quarter or semester hours for which HOPE scholarships may be received at public and private postsecondary institutions; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

HB 299. By Representatives Hembree of the 67th, Ehrhart of the 36th, Martin of the 47th and Smith of the 113th:
A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide for certain definitions; to limit the number of quarter or semester hours for which HOPE scholarships may be received at public and private postsecondary institutions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.

The Calendar was resumed.

SB 46. By Senators Shafer of the 48th, Staton of the 18th, Cagle of the 49th, Heath of the 31st and Chance of the 16th:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service in general, so as to provide that suppliers of wireless telephone service providing directory information shall not include wireless service dialing numbers without the express written consent of a subscriber; to provide for terms and conditions; to provide exceptions and authorize waivers; to provide for civil enforcement and immunity from certain liability; to provide for related matters; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 23, 2005

685

The Senate Science and Technology Committee offered the following substitute to SB 46:
A BILL TO BE ENTITLED AN ACT
To amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service in general, so as to provide that suppliers of wireless telephone service providing directory information shall not include wireless service dialing numbers without the express consent of a subscriber; to provide for terms and conditions; to provide exceptions and authorize waivers; to prohibit provision of certain information to telemarketers under certain circumstances; to provide for civil enforcement and immunity from certain liability; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service in general, is amended by adding at its end a new Code Section 46-5-28 to read as follows:
46-5-28. (a) As used in this Code section, the term:
(1) 'Service supplier' means a person or entity who provides wireless service to a telephone subscriber. (2) 'Traditional telephone directory' means a telephone directory, in any format, containing a majority of the landline telephone numbers for the given geographic coverage area for that directory. (3) 'Wireless service' means 'commercial mobile service' as defined under Section 332(D) of the federal Telecommunications Act of 1996 (47 U.S.C. Section 157, et seq.), regulations of the Federal Communications Commission, and the Omnibus Budget Reconciliation Act of 1993 (P.L. 103-66) and includes real-time, two-way interconnected voice service which is provided over networks which utilize intelligent switching capability and offer seamless handoff to customers. The term does not include one-way signaling service, data transmission service, nonlocal radio access line service, or a private telecommunications service. (4) 'Wireless telephone database' means any collection of telephone numbers that identifies the names and telephone numbers of multiple subscribers of one or more service suppliers. (b) A service supplier or any direct or indirect affiliate or agent of a service supplier providing the name and dialing number of a subscriber for inclusion in any wireless telephone database which is or will be made publicly available shall not include the dialing number of any wireless service subscriber without first obtaining the express

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consent of that subscriber. The subscribers consent shall meet all of the following requirements:
(1) It shall be recorded in oral, electronic, or written form; (2) It shall be:
(A) A separate document that is not attached to any other document or if it is within another document shall be in a separate section of the document that includes the disclosure; (B) A separate screen or if it is within another screen shall be in a separate section of the screen that includes the disclosure; or (C) A discrete verbal confirmation; (3) It shall be unambiguous and conspicuously disclose that the subscriber is consenting to have the subscribers dialing number sold or licensed as part of a publicly accessible wireless telephone database; and (4) The service supplier must disclose in an unambiguous and conspicuous manner to the wireless customer that upon consent, the customer is agreeing to have his or her wireless number accessed by anyone who utilizes the wireless telephone database and that calls received as a result, unsolicited or otherwise, will be charged according to the subscribers plan. (c) A subscriber who provides express consent pursuant to subsection (b) of this Code section may revoke that consent at any time. A service supplier shall comply with the subscribers request to opt out within a reasonable period of time, not to exceed 60 days. (d) A subscriber shall not be charged for making the choice to not be listed in a publicly accessible wireless telephone database. (e) This Code section does not apply to the provision of telephone numbers to the following parties for the purposes indicated: (1) A collection agency exclusively for the collection of unpaid debts; (2) Any law enforcement agency, fire protection agency, public health agency, public environmental health agency, city or county emergency services planning agency, or private for-profit agency operating under contract with, and at the direction of, one or more of these agencies, for the exclusive purpose of responding to a 911 call or communicating an imminent threat to life or property. Any information or records provided pursuant to this paragraph shall be held in confidence by that agency and by any individual employed by or associated with that agency. This information or these records shall not be open to examination for any purpose not directly connected with the administration of the services specified in this paragraph; (3) A lawful process issued under state or federal law; (4) A service supplier providing service between service areas for the provision to the subscriber of telephone service between service areas, or third parties for the limited purpose of providing billing services; (5) A service supplier to effectuate a subscribers request to transfer the subscribers assigned telephone number from the subscribers existing service supplier to a new service supplier;

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(6) The commission; or (7) A traditional telephone directory publisher, for the purposes of publishing a directory in any format, so long as the information was published before the effective date of this Code section. (f) Subsequent to the effective date of this Code section, a traditional telephone directory publisher must obtain the wireless subscribers recorded oral, electronic, or written consent for the wireless subscribers name and wireless dialing number to be published in a traditional telephone directory. (g) No service supplier shall sell or otherwise provide a list of wireless numbers to any telemarketer except that such numbers may be provided to a telemarketer affiliated with the service supplier for the sole purpose of facilitating communication by or on behalf of the service supplier as permitted under subparagraph (b)(3)(B) of Code Section 46-527. (h) Every deliberate violation of this Code section is grounds for a civil suit by the aggrieved subscriber against the service supplier responsible for the violation. (i) No service supplier shall be subject to criminal or civil liability for the release of customer information as authorized by this Code section.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Shafer of the 48th offered the following amendment:
Amend the committee substitute to SB 46 by adding after the word "A" on line 18 of page 2 the phrase "sound recording of a".
By striking all matter on lines 22 through 26 of page 2 and inserting in place thereof the following:
(4) The service supplier must disclose in an unambiguous and conspicuous manner to the wireless customer that upon consent: (A) the customer is agreeing to have his or her wireless number accessed by anyone who utilizes the wireless telephone database; and (B) if the customer has a rate plan that charges the customer for usage, that calls received as a result, unsolicited or otherwise, will be charged according to the subscribers plan.
By adding before the colon on line 33 of page 2 the following: ; provided, however, that such parties shall use such telephone numbers solely for the purposes indicated and shall not transfer such telephone numbers to any third party .
By striking all matter on line 34 of page 2 and changing the ensuing paragraph designations as follows: page 2, line 35, change (2) to (1); page 3, line 7, change (3) to (2); page 3, line 8, change (4) to (3); page 3, line 11, change (5) to (4); page 3, line 14,

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change (6) to (5); and page 3, line 15, change (7) to (6).

By striking the sentence which begins with "Any" on line 2 of page 3 and ends with "agency." on line 4 of page 3.

By striking all matter on line 10 of page 3 and inserting in place thereof the following: purpose of providing collection and billing services for the service supplier.

On the adoption of the amendment, the yeas were 38, nays 0, and the Shafer 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 Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer E Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner
Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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

SB 46, having received the requisite constitutional majority, was passed by substitute.

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689

Senator Mullis of the 53rd recognized members of the Gordon Lee High School Class A State Championship Softball Team, commended by SR 208, adopted previously.
The Calendar was resumed.
SB 35. By Senators Moody of the 56th, Carter of the 13th, Stephens of the 27th, Starr of the 44th, Hill of the 4th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to provide for the revision of certain provisions regarding education flexibility; to change certain provisions relating to expenditure controls for the 2005-2006 school year; to change certain provisions regarding program weights; to change certain provisions regarding legislative intent with respect to charter schools; to change certain provisions regarding minimum requirements for charter petitions; to repeal Code Section 20-2-2063.1; to change certain provisions regarding operation, control, and management requirements for charter schools; to amend Code Section 40-5-22; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate Education and Youth Committee offered the following substitute to SB 35:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for the revision of certain provisions regarding education flexibility; to change certain provisions relating to expenditure controls for the 2005-2006 school year; to change certain provisions regarding program weights; 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 provide for an additional exception to the school attendance requirements to obtain a drivers license for a minor pursuing a general educational development diploma; to provide for an additional offense to prohibit a suspended student from maintaining a drivers license; 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 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking Code Section 20-2-167.1, relating to the application of Code Section 20-2-167 for the 2003-2004 and 2004-2005 school year, and

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inserting in lieu thereof the following:
20-2-167.1. (a) For the purposes of the 2003-2004, and 2004-2005, and 2005-2006 school 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, for any direct instruction expense, or for a combination of both, provided that each local school system shall report to the Department of Education by March 15, 2006, its expenditures for media center costs, identifying expenditures for media center personnel and media materials; at the system level, and 100 percent of the funds designated for media materials at the system level; (4) During the 2003-2004 school year, funds allocated for staff development may be spent for any program approved under the 'Quality Basic Education Act.' During the 2004-2005 and 2005-2006 school year years, each school system shall spend 90 percent of funds allocated for professional development for such costs at the system level; and (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, and 2005-2006 school 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 three fiscal years beginning July 1, 2003, and ending June 30, 2005 2006.
(e) This Code section shall be automatically repealed July 1, 2005 2006.

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691

SECTION 2. Said chapter is further amended by striking subsections (i) and (k) of Code Section 20-2182, 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 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 seven 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 2007-2008 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 2004-2005 school years 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 2007-2008 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 20032004 and 2004-2005 school 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

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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, 2005-2006, and 2006-2007 school 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, 2005-2006, and 2006-2007 school 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 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 twofour fiscal years beginning July 1, 2003, and ending June 30, 20052007. This subsection shall be automatically repealed July 1, 20052007.
SECTION 3. Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be issued a drivers license, school attendance requirements, and driving training requirements, is amended by striking subsection (a.1) and inserting in lieu thereof the following:
(a.1)(1) The department shall not issue an instruction permit or drivers license to a person who is younger than 18 years of age unless at the time such minor submits an application for an instruction permit or drivers license the applicant presents acceptable proof that he or she has received a high school diploma, a general educational development (GED) diploma, a special diploma, or a certificate of high school completion, 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 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

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693

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 is pursuing a general education development (GED) diploma that such minors instruction permit or drivers license is suspended subject to review as provided for in this subsection if the department receives notice pursuant to Code Section 20-2-701 that indicates 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 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; (iii) Possession or use of a weapon on school property. For purposes of this subparagraph, the term 'weapon' shall be defined in accordance with Code Section 16-11-127.1 but shall not include any part of an archeological or cultural exhibit brought to school in connection with a school project; (iv) Any sexual offense prohibited under Chapter 6 of Title 16; or (v) Causing substantial physical or visible bodily harm to or seriously disfiguring another person, including another student.; or (D) Has been suspended from school, for any reason, for more than ten cumulative days. Notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the persons last known address shall be prima-facie evidence that such person received the required notice. 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

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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 of one year or shall end upon the date of such minors eighteenth birthday, 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 4. This Act shall become effective on July 1, 2005.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Weber of the 40th offered the following amendment #1:
Amend the committee substitute to SB 35 by striking lines 7-12, page 2 and insert the following:
"(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 at the system level;"
On the adoption of the amendment, the yeas were 39, nays 0, and the Weber amendment #1 was adopted.
Senator Tate of the 38th asked unanimous consent that Senator Henson of the 41st be excused. The consent was granted, and Senator Henson was excused.
Senators Kemp of the 46th, Thompson of the 33rd and Tate of the 38th offered the following amendment #2:
Amend the Senate Education and Youth Committee substitute to SB 35 (LC 33 0708ECS) by striking "2007-2008" on lines 24 and 28 of page 3 and inserting in lieu thereof "2006-2007".
By striking "2005-2006, and 2006-2007" on line 8 and lines 10 and 11 of page 4 and inserting in lieu thereof "and 2005-2006".
By striking "four" on line 20 of page 4 and inserting in its place "three".

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695

By striking "2007" in two places on line 21 of page 4 and inserting in lieu thereof "2006". On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman
Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath E Henson

N Hill,Jack N Hill,Judson Y Hooks
Hudgens N Johnson Y Jones Y Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson
Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

N Smith E Starr N Staton N Stephens Y Stoner Y Tate N Thomas,D Y Thomas,R Y Thompson,C E Thompson,S N Tolleson N Unterman
Walker N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 18, nays 31, and the Kemp et al. amendment #2 was lost.

Senators Fort of the 39th, Tate of the 38th and Adelman of the 42nd offered the following amendment #3:

Amend the committee substitute to SB 35 (LC 33 0708-ECS) by striking "2007-2008" on lines 24 and 28 of page 3 and inserting in lieu thereof "2006-2007".

By striking "2005-2006, and 2006-2007" on line 8 and lines 10 and 11 of page 4 and inserting in lieu thereof "and 2005-2006".

By striking "four" on line 20 of page 4 and inserting in its place "three".

By striking "2007" in two places on line 21 of page 4 and inserting in lieu thereof "2006". Senator Fort of the 39th asked unanimous consent that his amendment #3 be withdrawn. The consent was granted, and the amendment was withdrawn. Senators Fort of the 39th, Tate of the 38th and Adelman of the 42nd offered the following amendment #4:

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Amend the committee substitute to SB 35 (LC 33 0708-ECS) by striking line 33 of page 2 through line 17 of page 3 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

Senator Fort of the 39th asked unanimous consent that his amendment #4 be withdrawn. The consent was granted, and the amendment was withdrawn.

Senators Thompson of the 33rd, Brown of the 26th, Tate of the 38th, Fort of the 39th, Miles of the 43rd and Adelman of the 42nd offered the following amendment #5:

Amend the committee substitute (LC 33 0708-ECS) to SB 35 by striking it in its entirety Section 2 related to class size reduction lines 30 thru 36 of page 2; page 3; and lines 1 thru 21 of page 4.

By striking the phrase `Section 3' on line 22, page 4 inserting in lieu thereof `Section 2.'

By striking the phrase `Section 4' on line 19, page 6 inserting in lieu thereof `Section 3.'

By striking the phrase `Section 5' on line 21, page 6 inserting in lieu thereof `Section 4.'

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

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones

N Smith E Starr N Staton N Stephens Y Stoner Y Tate

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697

N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath E Henson

N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson
Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

N Thomas,D Y Thomas,R Y Thompson,C E Thompson,S N Tolleson N Unterman
Walker N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 17, nays 34, and the Thompson of the 33rd et al. amendment #5 was lost.

Senators Thompson of the 33rd, Brown of the 26th, Tate of the 38th, Fort of the 39th, Miles of the 43rd and Adelman of the 42nd offered the following amendment #6:

Amend the committee substitute (LC 33 0708-ECS) to SB 35 by striking the phrase and symbol `, unless specifically authorized by the State Board of Education' on lines 8 and 9 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 Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer

N Smith E Starr N Staton N Stephens Y Stoner Y Tate N Thomas,D Y Thomas,R Y Thompson,C E Thompson,S N Tolleson N Unterman
Walker N Weber N Whitehead N Wiles

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N Harp N Heath E Henson

N Seabaugh Y Seay N Shafer,D

Williams Y Zamarripa

On the adoption of the amendment, the yeas were 18, nays 33, and the Thompson of the 33rd et al. amendment #6 was lost.

Senators Brown of the 26th, Adelman of the 42nd, Tate of the 38th, Fort of the 39th and Miles of the 43rd offered the following amendment #7:

Amend the committee substitute (LC 33 0708-ECS) to SB 35 by striking the phrase `2007-2008' on line 24, page 3 and inserting in lieu thereof `2006-2007'.

By striking the phrase `2007-2008' on line 28, page 3 and inserting in lieu thereof `20062007'.

By striking the phrase and symbol `, 2005-2006, and 2006-2007' on line 8, page 4 and inserting in lieu thereof `, and 2005-2006'.

By striking the phrase and symbol `, 2005-2006, and 2006-2007' on lines 10 and 11 of page 4 and inserting in lieu thereof `, and 2005-2006'.

By striking the phrase `four' on line 20, page 4 and inserting in lieu thereof `three'.

By striking the phrase and symbol `2007. This subsection shall be automatically repealed July 1, 2007." on line 21, page 4 and inserting in lieu thereof `2006. This subsection shall be automatically repealed July 1, 2006.'

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

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones Y Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson

N Smith E Starr N Staton N Stephens Y Stoner Y Tate N Thomas,D Y Thomas,R Y Thompson,C E Thompson,S N Tolleson N Unterman

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Y Golden N Grant N Hamrick Y Harbison N Harp N Heath E Henson

Y Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

Walker N Weber N Whitehead N Wiles Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 20, nays 32, and the Brown et al. amendment #7 was lost.

Senator Moody of the 56th offered the following amendment #8:

Amend the Senate Education and Youth Committee substitute to SB 35 (LC 33 0708ECS) by inserting after "flexibility;" on line 3 of page 1 "to provide for the development of rules and regulations by the State Board of Education for specified information, including budget and expenditure information and site average class size by grade, to be provided by local boards of education to school councils and the general public;".

By inserting between lines 11 and 12 of page 1 the following:

SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Code Section 20-2-167, relating to funding for direct instructional, media center, and staff development costs, by adding a new subsection to the end of such Code section to read as follows:
'(e) No later than July 1, 2006, the State Board of Education shall develop rules and regulations requiring that each local board of education provide information as specified by the state board and which is not specifically made confidential by law, including school site budget and expenditure information and site average class size by grade, to members of the school council and the general public.'

By redesignating Sections 1, 2, 3, 4, and 5 as Sections 2, 3, 4, 5, and 6, respectively.

Senator Johnson of the 1st offered the following amendment #8a:

Amend the amendment #8 to the committee substitute to SB 35 by striking on line 13 p.1 July 1, 2006 and inserting October 1, 2005.

On the adoption of the amendment, the yeas were 43, nays 0, and the Johnson amendment #8a was adopted. On the adoption of the amendment, the yeas were 41, nays 0, and the Moody amendment #8 was adopted as amended.

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On the adoption of the substitute, the yeas were 43, nays 5, and the committee substitute was adopted as amended.

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

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

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath E Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens N Stoner N Tate Y Thomas,D N Thomas,R N Thompson,C E Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 35, nays 17.

SB 35, having received the requisite constitutional majority, was passed by substitute.

SB 80. By Senators Williams of the 19th, Staton of the 18th, Goggans of the 7th, Tolleson of the 20th, Johnson of the 1st and others:

A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of sheriffs; to provide for the qualifying for such offices; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate State and Local Governmental Operations Committee offered the following substitute to SB 80:

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701

A BILL TO BE ENTITLED AN ACT
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of sheriffs; to provide for the qualifying for such offices; 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 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by striking paragraph (2) of subsection (c) and subparagraph (i)(1)(B) of Code Section 21-2-132, relating to filing notices of candidacy, nomination petitions, and affidavits, and inserting in lieu thereof a new paragraph (2) and subparagraph (B) to read as follows:
(2) Each candidate for a county judicial office, the office of sheriff, a local school board office, or an office of a consolidated government, except those offices which on July 1, 2001, were covered by local Acts of the General Assembly which provided for election in a nonpartisan election without a prior nonpartisan primary, or the candidates agent, desiring to have his or her name placed on the nonpartisan election ballot shall file notice of candidacy in the office of the superintendent no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays.
(B) Each candidate for a county judicial office, the office of sheriff, a local school board office, or an office of a consolidated government, except those offices which on July 1, 2001, were covered by local Acts of the General Assembly which provided for election in a nonpartisan election without a prior nonpartisan primary, or the candidates agent, desiring to have his or her name placed on the nonpartisan election ballot shall file notice of candidacy in the office of the superintendent no earlier than 9:00 A.M. on the third Wednesday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the third Wednesday in June, notwithstanding the fact that any such days may be legal holidays; .
SECTION 2. Said chapter is further amended by striking subsection (a) of Code Section 21-2-139, relating to the authorization of nonpartisan elections, and inserting in lieu thereof a new subsection (a) to read as follows:
(a) Notwithstanding any other provisions of this chapter to the contrary, the General Assembly may provide by local Act for the election in nonpartisan elections of

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candidates to fill county judicial offices, offices of local school boards, sheriffs, and offices of consolidated governments which are filled by the vote of the electors of said county or political subdivision. Except as otherwise provided in this Code section, the procedures to be employed in such nonpartisan elections shall conform as nearly as practicable to the procedures governing nonpartisan elections as provided in this chapter. Except as otherwise provided in this Code section, the election procedures established by any existing local law which provides for the nonpartisan election of candidates to fill county offices shall conform to the general procedures governing nonpartisan elections as provided in this chapter, and such nonpartisan elections shall be conducted in accordance with the applicable provisions of this chapter, notwithstanding the provisions of any existing local law. For those offices for which the General Assembly as of July 1, 2001, pursuant to this Code section, provided by local Act for election in nonpartisan primaries and elections, such offices shall no longer require nonpartisan primaries. Such officers shall be elected in nonpartisan elections held and conducted in conjunction with the general primary in accordance with this chapter without a prior nonpartisan primary. For those offices for which the General Assembly as of July 1, 2001, provided by local Act for election in a nonpartisan election without a prior nonpartisan primary, such offices shall be elected in nonpartisan elections held and conducted in conjunction with the November general election without a prior nonpartisan primary. Nonpartisan elections for municipal offices shall be conducted on the dates provided in the municipal charter.

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 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 N Balfour
Brown Y Bulloch Y Butler Y Cagle

Y Hill,Jack Y Hill,Judson Y Hooks
Hudgens Y Johnson Y Jones

Y Smith E Starr Y Staton Y Stephens Y Stoner N Tate

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Y Carter Y Chance N Chapman N Douglas N Fort Y Goggans Y Golden Y Grant N Hamrick Y Harbison Y Harp N Heath E Henson

Y Kemp Y Me V Bremen Y Miles Y Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer Y Seabaugh Y Seay N Shafer,D

Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman
Walker Y Weber N Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 37, nays 13.

SB 80, having received the requisite constitutional majority, was passed by substitute.

SB 90. By Senators Thomas of the 54th, Reed of the 35th, Unterman of the 45th, Schaefer of the 50th, Miles of the 43rd and others:

A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to enact the "Georgia Smokefree Air Act of 2005"; 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.

The Senate Health and Human Services Committee offered the following substitute to SB 90:
A BILL TO BE ENTITLED AN ACT

To amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to enact the "Georgia Smokefree Air Act of 2005"; 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

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general or local acts, rules, and regulations; to repeal a former prohibition against smoking in public places; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Georgia Smokefree Air Act of 2005."
SECTION 2. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by adding a new Article 8 to read as follows:
ARTICLE 8 16-12-180. The General Assembly finds that:
(1) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke (also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of up to 65,000 Americans annually; (2) The Public Health Services National Toxicology Program has listed secondhand smoke as a known carcinogen; (3) Secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Children exposed to 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;

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(7) Smoke-filled workplaces result in higher worker absenteeism due to respiratory disease, lower productivity, higher cleaning and maintenance costs, increased health insurance rates, and increased liability claims for diseases related to exposure to secondhand smoke; (8) Numerous economic analyses examining restaurant and hotel receipts and controlling for economic variables have shown either no difference or a positive economic impact after enactment of laws requiring workplaces to be smokefree. Creation of smokefree workplaces is sound economic policy and provides the maximum level of employee health and safety; (9) Smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses; and (10) The purposes of this article are (A) to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (B) to guarantee the right of nonsmokers to breathe smokefree air, and to recognize that the need to breathe smokefree air shall have priority over the desire to smoke.
16-12-181. As used in this article, the term:
(1) 'Bar' means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. (2) 'Business' means a sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered. (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, 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.

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(7) 'Local governing authority' means a county or municipal corporation of the state. (8) 'Place of employment' means an area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. A private residence is not a place of employment unless it is used as a child care, adult day-care, or health care facility. This term shall not include personal vehicles used in the course of employment. (9) 'Public place' means an enclosed area, or an outdoor area when specifically included, 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. (10) '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. (11) '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. (12) '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. (13) 'Shopping mall' means an enclosed public walkway or hall area that serves to connect retail or professional establishments. (14) '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. (15) 'Sports arena' means sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events.
16-12-182. All enclosed facilities of, including buildings and vehicles owned, leased, or operated by, the State of Georgia, its agencies and authorities, and any political subdivision of the state, including a county, municipal corporation, or 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 the state, shall be subject to this article.

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16-12-183. Smoking shall be prohibited in all 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, including patios; (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, including patios; (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.
16-12-184. (a) Smoking shall be prohibited in all enclosed areas within places of employment without exception, including, but not limited to, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities. (b) Such prohibition on smoking shall be communicated to all existing employees by July 1, 2005, and to all prospective employees upon their application for employment.
16-12-185. Smoking shall be prohibited within a reasonable distance of 25 feet of public access

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main entrances, unless such area is a public roadway or is property owned by another individual or entity, outside an enclosed area where smoking is prohibited, so as to ensure that tobacco smoke does not enter the area through entrances, windows, ventilation systems, or other means.
16-12-186. 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) Long-term care facilities as defined in paragraph (3) of Code Section 31-8-81; (5) Outdoor areas of places of employment except those covered by the provisions of Code Section 16-12-185 and except patios of bars and restaurants as provided in Code Section 16-12-183; (6) Smoking areas in international airports, as such areas are designated by the airport operator; (7) Corporate offices and manufacturing facilities of tobacco manufacturers; and (8) Private and semiprivate rooms in health care facilities licensed under Title 31 that are occupied by one or more persons, all of whom have written authorization by their treating physician to smoke.
16-12-187. 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 16-12-188 is posted.
16-12-188. (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) Every public place and place of employment where smoking is prohibited by this article shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited. (c) All ashtrays shall be removed from any area where smoking is prohibited by this

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article by the owner, operator, manager, or other person in control of the area. (d) This Code section shall not apply to vehicles that come under this article.
16-12-189. 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.
16-12-190. (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.
16-12-191. (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) 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

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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. (d) Each day on which a violation of this article occurs shall be considered a separate and distinct violation.
16-12-192. The Department of Human Resources and the agency designated by each local governing authority in this state may 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.
16-12-193. The agency designated by each local governing authority in this state may 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.
16-12-194. This article shall not be construed to permit smoking where it is otherwise restricted by other applicable laws.
16-12-195. 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 are not in direct conflict with this article.
16-12-196. This article shall be liberally construed so as to further its purposes.
SECTION 3. Said chapter is further amended by repealing Code Section 16-12-2, relating to prohibited smoking in public places. This repeal shall not, however, abate the prosecution of any offense committed prior to July 1, 2005.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Eric Johnson, President Pro Tempore, assumed the Chair.
Senator Thomas of the 54th offered the following amendment #1:

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711

Amend the Senate Health and Human Services Committee substitute to SB 90 (LC 33 0709S) by striking "hallways, and vehicles." on line 32 of page 3 and inserting in lieu thereof "and hallways.".
By striking from line 34 of page 3 "This term shall not include personal vehicles used in the course of employment.".
By striking from line 23 of page 4 "and vehicles".
By striking from line 27 of page 5 "vehicles,".
By striking line 3 of page 7.
Senators Seabaugh of the 28th and Thomas of the 54th offered the following amendment #1a:
Amend SB 90 by striking from the amendment #1 the lines 5 and 6 and inserting the following: "This term shall not include vehicles used in the course of employment."
On the adoption of the amendment, the yeas were 43, nays 0, and the Seabaugh, Thomas of the 54th amendment #1a was adopted.
On the adoption of the amendment, the yeas were 44, nays 0, and the Thomas of the 54th amendment #1 was adopted as amended.
Senator Thomas of the 54th offered the following amendment #2:
Amend the Senate Health and Human Services Committee substitute to SB 90 (LC 33 0709S) by inserting after "area" on line 2 of page 7 ", unless such ashtray is permanently affixed to an existing structure".
On the adoption of the amendment, the yeas were 45, 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 SB 90 (LC 33 0709S) by striking from line 23 of page 3 "nursing homes," and "aging or".
By inserting after "facilities." on line 27 of page 3 the following: "This definition shall not include long-term care facilities as defined in paragraph (3) of Code Section 31-8-81."

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By striking "nursing homes," from line 10 of page 5.
By inserting after "Title 31" on line 18 of page 6 ", except as provided for under paragraph (4) of this Code section,".
On the adoption of the amendment, the yeas were 46, nays 0, and the Thomas of the 54th amendment #3 was adopted.
Senators Rogers of the 21st and Shafer of the 48th offered the following amendment #4:
Amend the Senate Health and Human Services Committee substitute to SB 90 (LC 33 0709S) by striking from lines 7 and 8 of page 6 the following: provided, however, that not more than 20 percent of rooms rented to guests in a hotel or motel may be so designated; .
On the adoption of the amendment, the yeas were 16, nays 24, and the Rogers, Shafer amendment # 4 was lost.

Senators Hooks of the 14th, Bulloch of the 11th, Grant of the 25th, Meyer von Bremen of the 12th, Shafer of the 48th and others offered the following amendment #5:
Amend the Senate Health and Human Services Committee substitute to SB 90 (LC 33 0709S) by striking "Smoking" on line 24 of page 5 and inserting in its place the following:
"Except as provided in subsection (c) of this Code section, smoking".
By striking "without exception" on lines 24 and 25 of page 5.
By inserting between lines 29 and 30 of page 5 the following: "(c) This Code section shall not apply to private places of employment that have fewer than ten employees, except that smoking shall be prohibited in any public reception area of such place of employment."
Senators Stoner of the 6th and Balfour of the 9th offered the following amendment #5a:
Amend amendment #5 to SB 90 by deleting lines eight and nine and by inserting in lieu thereof the following:
"than five employees, except that smoking shall be prohibited in any public reception area of such place of employment. This exemption shall not apply to restaurants and bars."

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On the adoption of the amendment, the yeas were 25, nays 16, and the Stoner, Balfour amendment #5a was adopted.
On the adoption of the amendment, the yeas were 26, nays 17, and the Hooks et al. amendment #5 was adopted as amended.
Senator Bulloch of the 11th offered the following amendment #6:
Amend the Senate Health and Human Services Committee substitute to SB 90 by striking lines 17 and 18 of page 6 and inserting in lieu thereof the following:
"(7) Corporate offices and manufacturing facilities of tobacco manufacturers; (8) All private clubs of fraternal, religious, or veterans organizations; and (9) Private and semiprivate rooms in health care facilities licensed under Title 31 that are".
By striking "$100.00" on line 34 of page 7 and inserting "$25.00" in lieu thereof.
By striking "$200.00" on line 1 of page 8 and inserting "$50.00" in lieu thereof.
By striking "$500.00" on line 2 of page 8 and inserting "$75.00" in lieu thereof.
On the adoption of the amendment, the yeas were 15, nays 21, and the Bulloch amendment #6 was lost.
Senator Zamarripa of the 36th offered the following amendment #7:
Amend the Senate Health and Human Services Committee substitute to SB 90 (LC 33 0709S) by inserting between "means" and the period on line 35 of page 5 the following: ", except that this prohibition shall not apply to any special entertainment district, as defined in paragraph (2) of subsection (c) of Code Section 3-3-7".
On the adoption of the amendment, the yeas were 18, nays 19, and the Zamarripa amendment #7 was lost.
Senator Kemp of the 46th offered the following amendment #8:
Amend the Senate Health and Human Services Committee substitute to SB 90 (LC 33 0709S) by striking lines 30 through 35 of page 5.
By striking "16-12-186" on line 1 of page 6 and inserting in lieu thereof "16-12-185". By striking from lines 12 and 13 of page 6 "except those covered by the provisions of Code Section 16-12-185 and".

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By striking "16-12-187" on line 21 of page 6 and inserting in lieu thereof "16-12-186".
By striking "16-12-188" from line 26 and line 27 of page 6 and inserting in its place "1612-187".
By striking "16-12-189" on line 4 of page 7 and inserting in lieu thereof "16-12-188".
By striking "16-12-190" on line 9 of page 7 and inserting in lieu thereof "16-12-189".
By striking "16-12-191" on line 27 of page 7 and inserting in lieu thereof "16-12-190".
By striking "16-12-192" on line 9 of page 8 and inserting in lieu thereof "16-12-191".
By striking "16-12-193" on line 16 of page 8 and inserting in lieu thereof "16-12-192".
By striking "16-12-194" on line 21 of page 8 and inserting in lieu thereof "16-12-193".
By striking "16-12-195" on line 24 of page 8 and inserting in lieu thereof "16-12-194".
By striking "16-12-196" on line 29 of page 8 and inserting in lieu thereof "16-12-195".
On the adoption of the amendment, the yeas were 23, nays 18, and the Kemp amendment #8 was adopted.
Senator Bulloch of the 11th offered the following amendment #9:
Amend The Senate Health and Human Services Committee offered the following substitute to SB 90 by striking line 30 of page 7 and inserting in lieu thereof the following:
"be punished by a fine of not less than $25.00 nor more than $50.00.".
On the adoption of the amendment, the yeas were 17, nays 22, and the Bulloch amendment #9 was lost.

Senator Wiles of the 37th offered the following amendment #10:
Amend the committee substitute to SB 90 by adding on line 6 p8 after the word occurred the following "after the second violation within one year."
On the adoption of the amendment, the yeas were 48, nays 0, and the Wiles amendment #10 was adopted.

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Senator Tate of the 38th offered the following amendment #11:

Amend the committee substitute to SB 90 by striking lines 3 through 6 on page 8 and renumber (d) to (c).

On the adoption of the amendment, the yeas were 18, nays 20, and the Tate amendment #11 was lost.

On the adoption of the substitute, the yeas were 44, 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 Brown Y Bulloch Y Butler Y Cagle Y Carter N Chance N Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer N Seabaugh Y Seay N Shafer,D

N Smith E Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman
Walker Y Weber N Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 44, nays 7.

SB 90, having received the requisite constitutional majority, was passed by substitute.

Senator Thomas of the 54th asked unanimous consent that SB 90 be immediately transmitted to the House.

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The consent was granted and SB 90 was immediately transmitted.
Senator Stephens of the 27th moved that the Senate adjourn until 10:00 a.m. Thursday, February 24, 2005.
The motion prevailed, and the President announced the Senate adjourned at 5:48 p.m.

THURSDAY, FEBRUARY 24, 2005

717

Senate Chamber, Atlanta, Georgia Thursday, February 24, 2005
Twenty-fourth Legislative Day

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

Senator Seabaugh of the 28th reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

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

Mr. President:

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

HB 197.

By Representatives Burmeister of the 119th, Mills of the 25th, Smith of the 168th, Walker of the 107th, Fleming of the 117th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 15 of the O.C.G.A., relating to parental notification, so as to define and eliminate certain terms; to require certain types of identification to be presented in order for a physician to perform an abortion; to amend Chapter 12 of Title 16 of the O.C.G.A., relating to offenses against health and morals, so as to provide that all abortions must be performed in certain facilities; to provide for certain reports by physicians; to provide for certain forms; to provide for certain reports by the Department of Human Resources; to provide for penalties and remedies for failure to provide such reports; to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion; to require that certain information be provided to or made available to a female prior to an abortion; to provide for an effective date; to repeal conflicting laws; and for other purposes.

HB 384. By Representative O`Neal of the 146th:

A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official

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Code of Georgia Annotated, relating to the motor fuel tax, so as to provide for an additional exemption from the motor fuel tax and the second motor fuel tax for a limited period of time; to repeal conflicting laws; and for other purposes.

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

SB 34.

By Senators Moody of the 56th, Weber of the 40th, Johnson of the 1st, Williams of the 19th, Thomas of the 54th and others:

A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the O.C.G.A., the "Quality Basic Education Act," so as to provide for legislative findings; to provide for the establishment of the "Georgia Master Teacher Program"; to provide for the establishment of criteria for Master Teacher Certification; to provide for the establishment of rules and regulations by the Professional Standards Commission; to provide for the establishment of the "Academic Coach Program"; to provide for the establishment of rules and regulations by the State Board of Education; to provide for the employment of an academic coach by a public school in accordance with a school improvement plan; to provide for monetary and other incentives for academic coaches; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

SB 248. By Senator Thomas of the 2nd:

A BILL to be entitled an Act to amend Chapter 15 of Title 34 of the Official Code of Georgia Annotated, relating to transfer of Division of Rehabilitation Services to Department of Labor, so as to provide for the delivery of certain services and techniques to deaf-blind individuals by an organization knowledgeable on deaf-blind issues; to provide that the division integrates the services and techniques into its standard practices and procedures; to provide for a time frame to retain the services of an organization to provide services and techniques to deaf-blind individuals and training on such services and techniques; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Insurance and Labor Committee.

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SB 249. By Senator Thomas of the 2nd:
A BILL to be entitled an Act to amend Code Section 19-8-23 of the Official Code of Georgia Annotated, relating to adoption records, and Code Section 3110-14 of the Official Code of Georgia Annotated, relating to issuance of a new birth certificate following adoption, legitimation, or paternity determination, so as to provide for the issuance of an original birth certificate to certain persons who were adopted; to conform a provision sealing records relating to adoptions; to provide for a fee and a waiting period; to provide for the form of such copy; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
SB 250. By Senators Weber of the 40th and Williams of the 19th:
A BILL to be entitled an Act to amend Chapter 3 of Title 20 of the O.C.G.A., relating to postsecondary education, so as to extensively revise Article 5 of the chapter, the "Georgia Education Authority (University) Act"; to change the definition of certain terms used in the Act and thereby affect the scope of activities of the authority; to authorize the authority to carry out projects related to the State Board of Technical and Adult Education and institutions under its control as well as projects related to the Board of Regents of the University System of Georgia and institutions under its control; to change provisions relating to the membership, staff, and administrative assignment of the authority; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
SB 251. By Senators Shafer of the 48th, Hamrick of the 30th, Heath of the 31st, Zamarripa of the 36th, Staton of the 18th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide a short title; to provide legislative findings; to provide definitions; to require certain business entities to give notice to consumers of certain security breaches; to provide for causes of actions and damages for unauthorized or improper access of personal information of consumers; to provide for certain criminal penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.

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SB 252. By Senator Smith of the 52nd:
A BILL to be entitled an Act to amend Subpart 1 of Part 4 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions relative to manufactured or mobile homes, so as to change certain provisions relating to requirements for Certificate of Permanent Location; to change certain provisions relating to recording documents in connection with a Certificate of Permanent Location; to provide alternative methods for obtaining a Certificate of Permanent Location; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 253. By Senators Smith of the 52nd, Weber of the 40th, Carter of the 13th, Meyer von Bremen of the 12th and Hamrick of the 30th:
A BILL to be entitled an Act to amend Part 4 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to manufactured or mobile homes, so as to change certain provisions relating to requirements for Certificate of Permanent Location; to change certain provisions relating to recording documents in connection with a Certificate of Permanent Location; to provide alternative methods for obtaining a Certificate of Permanent Location; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 254. By Senators Hill of the 4th, Williams of the 19th and Johnson of the 1st:
A BILL to be entitled an Act to amend Title 2 of the O.C.G.A., relating to agriculture; Title 8 of the O.C.G.A., relating to buildings; Title 15 of the O.C.G.A., relating to courts; Title 17 of the O.C.G.A., relating to criminal procedure; Title 20 of the O.C.G.A., relating to education; Title 26 of the O.C.G.A., relating to food, drugs, and cosmetics; Title 28 of the O.C.G.A., relating to the General Assembly; Title 35 of the O.C.G.A., relating to law enforcement; Title 40 of the O.C.G.A., relating to motor vehicles; Title 43 of the O.C.G.A., relating to professions; Title 45 of the O.C.G.A., relating to public officers; Title 49 of the O.C.G.A., relating to social services; and Title 50 of the O.C.G.A., relating to state government; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Appropriations Committee.

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SB 255. By Senators Douglas of the 17th, Staton of the 18th, Johnson of the 1st, Shafer of the 48th, Balfour of the 9th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates for motor vehicles, so as to provide for special license plates for families with a member serving in the military; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 256. By Senators Douglas of the 17th, Staton of the 18th, Johnson of the 1st, Shafer of the 48th, Balfour of the 9th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates for motor vehicles, so as to provide for special license plates remembering the tragedy of 9/11/01; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 257. By Senators Douglas of the 17th, Staton of the 18th, Johnson of the 1st, Shafer of the 48th, Balfour of the 9th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates for motor vehicles, so as to provide for special license plates supporting Georgia troops; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 258. By Senators Douglas of the 17th, Staton of the 18th, Johnson of the 1st, Shafer of the 48th, Balfour of the 9th and others:
A BILL to be entitled an Act to amend Code Section 15-12-1 of the O.C.G.A.,

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relating to exemptions from jury duty, so as to provide that any service member on ordered military duty and his or her spouse may be exempt from jury duty; to amend Article 3 of Chapter 4 of Title 26 of the O.C.G.A., relating to the practice of pharmacy, so as to provide that a service member whose license expired while he or she was on duty outside the state may practice pharmacy on such expired license; to amend Code Section 27-2-4 of the O.C.G.A., relating to honorary hunting and fishing licenses, so as to provide for an honorary license for returning veterans; to amend Article 2 of Chapter 5 of Title 40 of the O.C.G.A.; to amend Chapter 1 of Title 43 of the O.C.G.A.; to amend Article 1 of Chapter 7 of Title 44 of the O.C.G.A.; to amend Article 1 of Chapter 5 of Title 46 of the O.C.G.A.; to repeal conflicting laws; and for other purposes.
Referred to the Veterans and Military Affairs Committee.

SB 259. By Senator Johnson of the 1st:
A BILL to be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and practices, so as to repeal provisions relating to the crime of discharging a firearm on Sunday; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

SB 260. By Senator Johnson of the 1st:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to repeal provisions relating to furnishing and approval of bonds by said officers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

SB 261. By Senator Wiles of the 37th:
A BILL to be entitled an Act to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, so as to provide

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for the suspension of drivers licenses or permits as punishment for minors purchasing or possessing cigarettes or tobacco related objects; to provide for related matters; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 262. By Senators Hill of the 32nd, Balfour of the 9th and Pearson of the 51st:
A BILL to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide for fairness in hotel operating agreements; to provide for a short title; to provide for definitions; to provide for legislative intent; to provide for confidential relationships and fiduciary duties in hotel operating agreements unless expressly waived therein; to provide for retroactive effect; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SB 263. By Senator Douglas of the 17th:
A BILL to be entitled an Act to amend Chapter 16 of Title 43 of the Official Code of Georgia Annotated, relating to firearms dealers, so as to transfer authority for the regulation of firearms dealers from the Department of Public Safety to the State Revenue Department; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 264. By Senators Bulloch of the 11th and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change certain terms of court in the Pataula Circuit; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 265. By Senators Unterman of the 45th, Grant of the 25th and Balfour of the 9th:
A BILL to be entitled an Act to amend Code Section 40-6-228 of the Official Code of Georgia Annotated, relating to enforcement of parking in spaces for the disabled, so as to provide for certain private enforcement of the laws

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concerning the use of parking spaces for the disabled; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 266. By Senators Unterman of the 45th, Grant of the 25th and Balfour of the 9th:
A BILL to be entitled an Act to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by persons with disabilities, so as to require that certain taxicab companies operating in this state shall have a certain number of taxicabs that are accessible to persons in motorized wheelchairs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
SB 267. By Senators Unterman of the 45th, Grant of the 25th, Balfour of the 9th and Bulloch of the 11th:
A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to provide for annual renewal of certain parking permits for disabled persons; to provide for the certain specifications for such permits; to require that the person with the disability be the operator of or a passenger in the vehicle when such permit is being used; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 268. By Senator Hamrick of the 30th:
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 authorize the Board of Community Health to contract for the continuation of health insurance for certain persons who retire as employees of community service boards and their dependents; to provide for the collection and payment of contributions; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

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SR 280. By Senator Johnson of the 1st:
A RESOLUTION commending Thomas B. Darieng's service to Bryan County and dedicating the "Thomas B. Darieng, Sr., Highway"; and for other purposes.
Referred to the Transportation Committee.
SR 282. By Senator Bulloch of the 11th:
A RESOLUTION dedicating the John Lee Drake, Sr., Highway; and for other purposes.
Referred to the Transportation Committee.
The following House legislation was read the first time and referred to committee:
HB 197. By Representatives Burmeister of the 119th, Mills of the 25th, Smith of the 168th, Walker of the 107th, Fleming of the 117th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 15 of the O.C.G.A., relating to parental notification, so as to define and eliminate certain terms; to require certain types of identification to be presented in order for a physician to perform an abortion; to amend Chapter 12 of Title 16 of the O.C.G.A., relating to offenses against health and morals, so as to provide that all abortions must be performed in certain facilities; to provide for certain reports by physicians; to provide for certain forms; to provide for certain reports by the Department of Human Resources; to provide for penalties and remedies for failure to provide such reports; to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion; to require that certain information be provided to or made available to a female prior to an abortion; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
HB 384. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to provide for an additional exemption from the motor fuel tax and the second motor fuel tax for a limited period of time; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

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The following committee reports were read by the Secretary:

Mr. President:

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

HR 66 SB 224 SR 41

Do Pass Do Pass Do Pass

SR 156 SR 163

Do Pass Do Pass

Respectfully submitted, Senator Mullis of the 53rd District, Chairman

Mr. President:

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

SB 166 SB 167

Do Pass Do Pass

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

Mr. President:

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

SB 31 SB 32 SB 57

Do Pass by substitute

SB 134

Do Pass by substitute

Do Pass

SR 161

Do Pass by substitute

Do Pass

Respectfully submitted,

Senator Smith of the 52nd District, Chairman

Mr. President:

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

SB 122

Do Pass by substitute

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727

SB 190

Do Pass

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

Mr. President:

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

SB 126 SB 175

Do Pass Do Pass by substitute

SB 205 SR 86

Do Pass Do Pass

Respectfully submitted, Senator Kemp of the 46th District, Chairman

Mr. President:

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

SB 106 SB 127

Do Pass by substitute Do Pass by substitute

Respectfully submitted, Senator Shafer of the 48th 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 178 SB 195

Do Pass Do Pass

Respectfully submitted, Senator Meyer von Bremen of the 12th 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

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the following recommendation:

HB 321 HB 408

Do Pass Do Pass

HB 457 HB 481

Do Pass Do Pass

Respectfully submitted, Senator Wiles of the 37th 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:

SB 44 SB 158

Do Pass Do Pass as amended
Respectfully submitted, Senator Thomas of the 2nd District, Chairman

Mr. President:

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

HB 273 HR 14

Do Pass Do Pass

Respectfully submitted, Senator Whitehead of the 24th District, Vice-Chairman

The following legislation was read the second time:

HB 263 HB 293

SB 103 SB 173

SB 179 SB 196

SB 199

SB 204

SB 208

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

Senator Seabaugh of the 28th asked unanimous consent that Senator Unterman of the 45th be excused. The consent was granted, and Senator Unterman was excused.

Senator Henson of the 41st asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

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

Adelman Brown Butler Carter Chance Douglas Golden Grant Hamrick Harbison Harp Heath Hill,Jack Hill,Judson

Hudgens Jones Kemp Me V Bremen Miles Moody Mullis Pearson Powell Reed Rogers Schaefer Seabaugh

Seay Smith Starr Staton Stephens Stoner Thomas,D Thompson,C Tolleson Walker Weber Wiles Williams

Not answering were Senators:

Balfour Chapman Henson Shafer, D Thompson, S (Excused) Zamarripa

Bulloch Fort Hooks (Excused) Tate Unterman (Excused)

Cagle Goggans Johnson (PRS) Thomas, R Whitehead

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

Senators:

Fort Thomas, R

Tate Zamarripa

The members pledged allegiance to the flag.

Senator Heath of the 31st introduced the chaplain of the day, Sergeant at Arms Matthew Hill of Cartersville, Georgia, who offered scripture reading and prayer.

Senator Hill of the 32nd introduced the doctor of the day, Dr. Tom Cooper.

Senator Hill of the 4th recognized David Holland III, commended by SR 180, adopted previously.

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Senator Hill of the 4th recognized Jimmy Jones, commended by SR 181, adopted previously.
Senator Hill of the 4th recognized Colonel Bill Hitchens, Jr., commended by SR 179, adopted previously.
Senators Hill of the 4th and Kemp of the 46th spoke to SR 179, SR 180 and SR 181.
Senator Douglas of the 17th recognized Julie and Virginia Pearson, commended by SR 119, adopted previously.
Senators Hamrick of the 30th and Seabaugh of the 28th recognized the University of West Georgia Debate Team, commended by SR 125, adopted previously.
The following resolutions were read and adopted:
SR 214. By Senator Thomas of the 2nd:
A RESOLUTION recognizing and commending Reverend Edward L. Ellis, Jr.; and for other purposes.
SR 215. By Senator Walker of the 22nd:
A RESOLUTION recognizing and commending Reverend Clyde Hill, Sr.; and for other purposes.
SR 216. By Senator Goggans of the 7th:
A RESOLUTION commending George F. Barnhill on becoming an Eagle Scout; and for other purposes.
SR 217. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Gloria Brown for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 218. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Marilyn Hayes for outstanding contributions to public education in the State of Georgia; and for other purposes.

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SR 219. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending William Kershaw for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 220. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Diana Hendricks for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 221. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Stephanie Gudz for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 222. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Gail Sinkule for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 223. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Cathy Crowder for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 224. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Emma Johnson for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 225. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Peg Moseley for outstanding contributions to public education in the State of Georgia; and for other purposes.

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SR 226. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Libby Bonin-Campos for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 227. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Mary Nell Blasingame for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 228. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Stacy Jenkins for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 229. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Dorothy McGowan for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 230. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Rodolfo Perez for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 231. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Becky Askew for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 232. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Peggy Robinson for outstanding contributions to public education in the State of Georgia; and for other purposes.

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SR 233. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Leslie Robertson for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 234. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending George McDuffie for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 235. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Ann Overton for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 236. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Laura Perryman for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 237. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Sabra Bowden for outstanding contributions to public education in the State of Georgia; and for other purposes
SR 238. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Tanya Lawrence for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 239. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Amy Zabel for outstanding contributions to public education in the State of Georgia; and for other purposes.

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SR 240. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Margie Bickerstaff for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 241. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Diane Plauche for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 242. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Lenora Jinright for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 243. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Angela Blackstock for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 244. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Jake Golden IV for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 245. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Jean Jones for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 246. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Bobbie Carter for outstanding contributions to public education in the State of Georgia; and for other purposes.

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SR 247. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Susan Willard for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 248. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Amy Strickland for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 249. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Leah Lane for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 250. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Zaiga Mion for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 251. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Cynthia Beauford for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 252. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Aetavia Williams for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 253. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Debra Seymore for outstanding contributions to public education in the State of Georgia; and for other purposes.

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SR 254. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Brenda Merritt for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 255. By Senator Harbison of the 15th:
A RESOLUTION commending Jo Ann Hopkins for saving the life of a firstgrade student; and for other purposes.
SR 256. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Lynne Yarbrough for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 257. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Shanta Bass for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 258. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Mary Jane Fleming for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 259. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Sandra O'Shields for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 260. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Patty Lin for outstanding contributions to public education in the State of Georgia; and for other purposes.

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SR 261. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Cynthia Smith for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 262. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Oscar Morzan for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 263. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Cynthia Henderson for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 264. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Kathleen Tracy for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 265. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Kelly Williams for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 266. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Linda Lewis for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 267. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Charlotte Roberts for outstanding contributions to public education in the State of Georgia; and for other purposes.

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SR 268. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Marsha Oates for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 269. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Yulane Wilson for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 270. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Quleria Thomas for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 271. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending James England for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 272. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Melanie Means for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 273. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Mary Ramsey for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 274. By Senator Harbison of the 15th:
A RESOLUTION recognizing and commending Leslie Knight for outstanding contributions to public education in the State of Georgia; and for other purposes.

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SR 275. By Senator Carter of the 13th:
A RESOLUTION commending Devin Hutchinson on becoming an Eagle Scout; and for other purposes.
SR 276. By Senator Carter of the 13th:
A RESOLUTION commending Johnathan Jenkins on becoming an Eagle Scout; and for other purposes.
SR 277. By Senator Carter of the 13th:
A RESOLUTION commending Cliff Yearta on becoming an Eagle Scout; and for other purposes.
SR 278. By Senator Carter of the 13th:
A RESOLUTION commending Adam DuBose on becoming an Eagle Scout; and for other purposes.
SR 279. By Senators Carter of the 13th and Bulloch of the 11th:
A RESOLUTION recognizing and commending Jwaltney Daniels, Winner of the Future Farmers of America National Proficiency Award for Landscape Design and Management; and for other purposes.
SR 281. By Senator Pearson of the 51st:
A RESOLUTION commending the Gilmer High School Wrestling Team for winning the Georgia High School Association Class AAA Team Duals Wrestling Championship; and for other purposes.
SR 283. By Senator Bulloch of the 11th:
A RESOLUTION honoring the 100th anniversary of the founding of Grady County, Georgia; and for other purposes.
SR 284. By Senators Wiles of the 37th, Rogers of the 21st, Stoner of the 6th and Hill of the 32nd:
A RESOLUTION congratulating the Kennesaw Mountain High School Marching Band; and for other purposes.

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SR 285. By Senators Douglas of the 17th, Chapman of the 3rd, Staton of the 18th and Bulloch of the 11th:

A RESOLUTION commending Rotary International on the 100th Anniversary of its founding; and for other purposes.

SR 286. By Senator Moody of the 56th:

A RESOLUTION commending Michael Robert Benjamin on becoming an Eagle Scout; and for other purposes.

SR 287. By Senator Moody of the 56th:

A RESOLUTION commending Adam William Greim on becoming an Eagle Scout; and for other purposes.

Senator Kemp of the 46th asked unanimous consent that Senator Goggans of the 7th be excused. The consent was granted, and Senator Goggans was excused.

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

SENATE LOCAL CONSENT CALENDAR

Thursday, February 24, 2005 Twenty-fourth Legislative Day

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

HB 321

Wiles of the 37th CITY OF KENNESAW

A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4373), so as to change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes.

HB 408

Grant of the 25th GREENE COUNTY

A BILL to be entitled an Act to amend an Act providing for the

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board of education of Greene County, approved March 12, 1986 (Ga. L. 1986, p. 3696), as amended, so as to increase the compensation of the members and chairperson of the board; to repeal conflicting laws; and for other purposes.

HB 457

Douglas of the 17th CITY OF SOCIAL CIRCLE

A BILL to be entitled an Act to provide a new charter for the City of Social Circle; 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, mayor pro tempore, and city council and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to repeal conflicting laws; and for other purposes.

HB 481

Grant of the 25th BUTTS COUNTY

A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Butts County, approved February 24, 1941 (Ga. L. 1941, p. 793), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3833), so as to change the compensation of the members of the board; to provide for certain supplements to such compensation; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens
Johnson (PRS)

Y Smith Y Starr Y Staton Y Stephens Y Stoner

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Y Cagle Carter
Y Chance Y Chapman
Douglas Y Fort E Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson E Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the local legislation, the yeas were 48, nays 0.

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

SENATE RULES CALENDAR THURSDAY, FEBRUARY 24, 2005 TWENTY-FOURTH LEGISLATIVE DAY

SB 144

Georgia Rural Development Council; create; elect officers at July meeting (ECD-53rd)

HB 95

Code of Georgia; corrections (S JUDY-12th) Willard-49th

SB 146

GBI; change director's title; Antiterrorism Task Force; change certain provisions (PS&HS-53rd)

SB 95

Soil Scientists Licensing Act; regulate practice of soil science (Substitute)(NR&E-29th)

SR 21

Joint Early Learning Initiative Commission; create (Substitute) (ED&Y-46th)

HB 218

Public records; economic development; exemption and disclosure of certain records (ECD-53rd) Stephens-164th

SB 86

Eminent Domain; limitation of public purposes; statutory construction; provisions (JUDY-3rd)

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SB 112

Georgia Long-Term Care Partnership Program Act; create (Substitute)(H&HS-7th)

SB 119

Sponge Crabs; possess/offer for sale; postpone dates of certain provisions (NR&E-3rd)

SB 160

Highways; dimensions/weight of vehicles/loads; signs; primary system; provisions (TRANS-51st)

SR 166

Apportionment of Congressional Districts; expressing the sense of the Senate with respect to general bills (R&R-21st)

SB 13

Gift Card Integrity; unfair/deceptive practices in consumer transactions (Substitute)(AG&CA-21st)

Respectfully submitted,

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

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

SB 144. By Senators Mullis of the 53rd, Pearson of the 51st, Schaefer of the 50th and Whitehead, Sr. of the 24th:

A BILL to be entitled an Act to amend Code Section 50-8-150 of the Official Code of Georgia Annotated, relating to the creation of the State Advisory Committee on Rural Development, so as to create the Georgia Rural Development Council; to provide for its duties and responsibilities; to provide for the composition of the council; to provide for membership, officers, and terms of office; to provide for bylaws; to provide for compensation; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch

Y Hill,Jack Y Hill,Judson E Hooks
Hudgens

Y Smith Y Starr Y Staton Y Stephens

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Y Butler Y Cagle Y Carter Y Chance Y Chapman
Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Johnson (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed
Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Stoner Y Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S Y Tolleson E Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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

SB 144, having received the requisite constitutional majority, was passed.

HB 95. By Representatives Willard of the 49th and Oliver of the 83rd:

A BILL to be entitled an Act to amend the O.C.G.A., 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 O.C.G.A.; to reenact the statutory portion of the O.C.G.A., as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the O.C.G.A.; to repeal portions of the Code and Acts amendatory thereof which have become obsolete; to delete portions of the Code which have been superseded by subsequent state laws; to provide for and to correct citations in the O.C.G.A. and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the O.C.G.A.; to provide for other matters relating to the O.C.G.A.; to provide effective dates; to repeal conflicting laws; 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 Hill,Jack

Y Smith

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745

Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Judson E Hooks
Hudgens Johnson (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S
Tolleson E Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

HB 95, having received the requisite constitutional majority, was passed.

SB 146. By Senators Mullis of the 53rd, Pearson of the 51st, Thomas of the 54th, Kemp of the 46th, Hamrick of the 30th and others:

A BILL to be entitled an Act to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to change a definition; to change the title of the director; to change certain provisions concerning authorizing the Antiterrorism Task Force to share information and work with other agencies; to amend Code Section 25-2-33 of the Official Code of Georgia Annotated, relating to release of fire loss information by insurers on request by state official, and Code Section 45-7-7 of the Official Code of Georgia Annotated, relating to compensation and allowances of certain officials not be changed without giving public notice, so as to correct the title of the director of the Georgia Bureau of Investigation; to repeal conflicting laws; and for other purposes.

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

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

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Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman
Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen
Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer
Seabaugh Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens
Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson E Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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

SB 146, having received the requisite constitutional majority, was passed.

Senator Goggans of the 7th recognized the Clinch County Football Team and Coach Jim Dickerson, commended by SR 199, adopted previously.

The Calendar was resumed.

SB 95. By Senators Harp of the 29th, Kemp of the 46th, Stephens of the 27th, Hudgens of the 47th and Seabaugh of the 28th:

A BILL to be entitled an Act to amend Title 43 of the O.C.G.A., 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 administration; 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 provide an effective date; to repeal conflicting laws; and for other purposes.

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The Senate Natural Resources and the Environment Committee offered the following substitute to SB 95:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 31-3-35 of the Official Code of Georgia Annotated, relating to functions of county boards of health, so as to change certain provisions relating to registration of persons performing soil investigations and preparing soil reports; 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 administration; 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 provide for legislative intent relative to funding; 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 31-3-35 of the Official Code of Georgia Annotated, relating to functions of county boards of health, is amended by striking subsection (d) and inserting in lieu thereof the following:
(d)(1) Any person may register with the department to conduct soil investigations and prepare soil reports of a site within the state for an on-site sewage management system who meets any one of the following criteria:
(A) Qualifies as a soil classifier as defined in subparagraph (B) of paragraph (3) of this subsection; (B) Holds a valid certificate of registration as a professional engineer issued pursuant to Chapter 15 of Title 43 and is practicing within his or her area of engineering competency; (C) Holds a valid certificate of registration as a registered geologist issued pursuant to Chapter 19 of Title 43 and is practicing within his or her area of geologic competency; or (D) Is a soil and water conservation technician as defined in subparagraph (A) of paragraph (3) of this subsection. (2) Upon the submission of an evaluation of the suitability of a site within the state for an on-site sewage management system by such a person who is registered with the

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department a person authorized to engage in the public practice of soil science under Chapter 43B of Title 43, the county board of health shall be required to accept the evaluation unless such evaluation is found by the county board of health to be deficient or questionable. If the county board of health finds such evaluation to be deficient or questionable, the board shall, within three working days of making such finding, issue a written determination stating all deficiencies and all measures needed to correct the deficiencies. A copy of this determination shall be provided to the state director of environmental health. (3) As used in this subsection, the term:
(A) 'Soil and water conservation technician' means a person employed as a soil and water conservation technician by a soil and water conservation district provided for in Article 2 of Chapter 6 of Title 2. (B) 'Soil classifier' means a person who:
(i) Holds at least a bachelor of science degree from an accredited college or university with a major in soil science or a related field of science. This degree shall include 30 semester credit hours or equivalent quarter credit hours in the biological, physical, chemical, and earth sciences with a minimum of 15 semester credit hours or equivalent quarter hours in soil science courses meeting the following distribution:
(I) A minimum of one course in soil classification, morphology, genesis, and mapping; and (II) The remaining soil science credits must be in at least three of the following eight categories: introductory soil science; soil fertility; soil microbiology; soil chemistry; soil physics; soil management, soils and land use, or soils and the environment; soil mineralogy; or a three credit maximum in independent study, geology, or hydrology; and (ii) Has at least four years of verifiable full-time or equivalent part-time experience under the supervision of a soil classifier who has met the education and experience requirements provided in this subparagraph. Such experience must be obtained after meeting all educational requirements defined in this subparagraph and must have been spent actively mapping, identifying, and classifying soil features and interpreting the influence of soil features on soil uses including, but not limited to, conducting soil investigations for determining the suitability of sites for on-site sewage management systems as approved by the departments soil classifiers advisory committee; and (iii) Has successfully passed a written examination pertaining to site investigations for on-site sewage management systems administered or approved by the department.
SECTION 2. 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:

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CHAPTER 43B
43-43B-1. This chapter shall be known and may be cited as the 'Soil Scientists Licensing Act.'
43-43B-2. The purposes of this chapter are 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 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

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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; (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

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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 commissioner of human resources 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 the same as provided by 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 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';

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(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 not be under the jurisdiction of the director of the professional licensing boards division within the Office of the Secretary of State but shall be an independent state agency attached to the Department of Human Resources for administrative purposes only as provided by Code Section 50-4-3. The board shall have with respect to all matters within its jurisdiction as provided under this chapter the same powers, duties, and functions as professional licensing boards as provided in Chapter 1 of this title.
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 each of the following minimum qualifications:

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(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 all reasonably 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 or exempted from 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) Registered professional engineers in lawfully practicing such profession; 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 of this state practicing or offering to practice the profession of soil science in this state 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.
43-43B-18. (a) It shall be unlawful for any person other than a licensed soil scientist or a

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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 shall be guilty of a misdemeanor. (b) Paragraph (1) of subsection (a) of this Code section shall apply only to acts

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committed on or after January 1 of the year following the effective date of this chapter.

43-43B-20. It is the intent of the General Assembly that not less than the amount of revenue derived in any fiscal year from fees under this chapter shall be appropriated to the Department of Human Resources for purposes of administering this chapter in the subsequent fiscal year.

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 37, nays 0, and the committee substitute was adopted.

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

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

Y Adelman Y Balfour Y Brown N Bulloch Y Butler Y Cagle Y Carter Y Chance N Chapman Y Douglas Y Fort
Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath N Henson

Hill,Jack Y Hill,Judson E Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp N Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh
Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens
Stoner Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson E Unterman Y Walker N Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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On the passage of the bill, the yeas were 43, nays 6.
SB 95, having received the requisite constitutional majority, was passed by substitute.
SR 21. By Senators Kemp of the 46th, Grant of the 25th, Tate of the 38th and Hamrick of the 30th:
A RESOLUTION creating the Joint Early Learning Initiative Commission; and for other purposes.
The Senate Education and Youth Committee offered the following substitute to SR 21:
A RESOLUTION
Creating the Joint Early Learning Initiative Commission; and for other purposes.
WHEREAS, early learning, especially for at-risk children, is essential to improving school performance for Georgia students; and
WHEREAS, the state has invested lottery proceeds, state funds, and federal funds in the Office of School Readiness and Georgias Pre-K Program, for a total of $360,959,969.00 in the 2004 budget adopted in the 2004 session; and
WHEREAS, there are proposals for delegation of authority and funding over certain federal early learning programs to the states; and
WHEREAS, a comprehensive review of early learning opportunities currently available and recommendations for improvement of early learning opportunities would be helpful to the General Assembly in adopting education policies and appropriating funds for the most effective uses.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Early Learning Initiative Commission to be composed of 19 members, including four members of the House of Representatives to be appointed by the Speaker of the House of Representatives and four members of the Senate to be appointed by the Senate Committee on Assignments. The Governor shall appoint six members, including one member with expertise relating to early learning programs, one parent with a child enrolled in a pre-kindergarten program, one parent with a child currently enrolled in Head Start or Early Head Start, one representative from the child care/early learning center community, one private provider pre-kindergarten instructor, one public school pre-kindergarten instructor, and one Head Start instructor. The director of the Georgia Lottery Corporation, the director of the Georgia Student Finance Commission, the Georgia State School Superintendent or her designee, and the

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commissioner of Bright From the Start: Georgia Department of Early Care and Learning shall be ex-officio members of the commission. The Speaker of the House of Representatives shall designate a member of the House and the Senate Committee on Assignments shall designate a member of the Senate who shall serve as cochairpersons of the commission. The commission shall meet at the call of the cochairpersons.
BE IT FURTHER RESOLVED that the commission shall undertake a study of the following: issues relating to the anticipated action of the federal government in delegating authority relating to Head Start to the state; an examination of federal and state early learning programs to define efficiencies in each; options for combining federal and state programs if authority over federal funds and programs are delegated to the state; an investigation of early learning efforts statewide, including federal, state, and private programs to assess innovative approaches and to recommend effective practices; an investigation of ways to improve pre-kindergarten standards, with a focus on a state training program for noncertified pre-kindergarten instructors; the possible creation of an early learning program specially designed for at-risk four-year-olds; possible expansion of early learning programs for at-risk three-year-olds; the impact of an early education income tax credit for families with incomes under 200 percent of the federally designated poverty level that would allow low-income families to afford early education options that wealthier families can afford at institutions of their choice. The commission may recommend any actions or legislation which the commission deems necessary or appropriate. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the commission shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than three 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 House of Representatives and Senate. The Carl Vinson Institute at the University of Georgia is authorized and directed to provide staff services to the commission. 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, 2006. The commission shall stand abolished on December 31, 2006.
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 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:

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Y Adelman Y Balfour Y Brown Y Bulloch
Butler Y Cagle Y Carter
Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh
Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson E Unterman Y Walker Y Weber Y Whitehead Y Wiles
Williams Y Zamarripa

On the adoption of the resolution, the yeas were 49, nays 0.

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

At 11:39 a.m. the President Pro Tempore announced that the Senate would stand in recess until 1:00 p.m. today.

At 1:00 p.m. the President Pro Tempore called the Senate to order.

Senator Starr of the 44th assumed the Chair.

HB 218. By Representatives Stephens of the 164th, Horne of the 71st and Cheokas of the 134th:

A BILL to be entitled an Act to amend Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to proceedings excluded from the provisions of Chapter 14 of Title 50, so as to provide a new exclusion from such provisions; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records exempted from inspection by members of the general public, so as to provide an exemption for certain records of an agency engaged in a program of economic development; to provide for disclosure of such records under certain conditions; to provide for

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related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Mullis of the 53rd.
Senators Johnson of the 1st, Mullis of the 53rd, Williams of the 19th, Goggans of the 7th, Hill of the 32nd and others offered the following amendment #1:
Amend HB 218 by striking the word "program" on line 6 on page 1 and inserting in lieu thereof the word "project".
By striking line 24 on page 1 and inserting in lieu thereof the following: '(18)(A) Records of a state agency or state authority engaged in an economic development project, including any local government or local authority actively participating in such project, that".
By striking on line 10 on page 2 the word "program" and inserting in lieu thereof the word "project".
By striking lines 11 through 13 on page 2 and inserting in lieu thereof the following: (B) For the purposes of this paragraph, an economic development project is a project established for the purpose of: (i) Forecasting or developing the economic base of the state, or a region of the state, or the infrastructure of the state; or (ii) A project to locate or relocate an industry or specific private business entity into the state or expand an existing facility, which would provide or retain jobs or capital investment within the state.
Senators Harp of the 29th, Rogers of the 21st, Zamarripa of the 36th, Johnson of the 1st, Williams of the 19th and others offered the following amendment #2:
Amend HB 218 (HB 218/CSFA) by striking lines 23 through 29 of page 2 and inserting in lieu thereof the following:
(ii) Components of programs of economic development that consist of solid waste, hazardous waste, or medical waste facilities; facilities for the disposal of sewage sludge or the handling of radioactive material; or electrical plants having a generation capacity of more than 25 megawatts; (iii) An application for a permit required by the Environmental Protection Division of the Department of Natural Resources pursuant to Title 12; or (iv) The development or implementation of any comprehensive plan required by Article 1 of Chapter 70 of Title 36. Furthermore, nothing in this paragraph shall be construed to exclude hearings or

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meetings to discuss any such zoning decisions, components of programs, permit applications, or comprehensive plans from the requirements of Chapter 14 of Title 50.' .
Senator Mullis of the 53rd asked unanimous consent that HB 218 be placed on the Table. The consent was granted, and HB 218 was placed on the Table.
The President Pro Tempore resumed the Chair.
The following bill was taken up to consider House action thereto:
SB 34. By Senators Moody of the 56th, Weber of the 40th, Johnson of the 1st, Williams of the 19th, Thomas of the 54th and others:
A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the O.C.G.A., the "Quality Basic Education Act," so as to provide for legislative findings; to provide for the establishment of the "Georgia Master Teacher Program"; to provide for the establishment of criteria for Master Teacher Certification; to provide for the establishment of rules and regulations by the Professional Standards Commission; to provide for the establishment of the "Academic Coach Program"; to provide for the establishment of rules and regulations by the State Board of Education; to provide for the employment of an academic coach by a public school in accordance with a school improvement plan; to provide for monetary and other incentives for academic coaches; 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 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to provide for legislative findings; to provide for the establishment of the "Georgia Master Teacher Program"; to provide for the establishment of criteria for Master Teacher Certification; to provide for the establishment of rules and regulations by the Professional Standards Commission; to revise certain provisions relating to salary increases for persons receiving certification from the National Board for Professional Teaching Standards; to provide for the establishment of the "Academic Coach Program"; to provide for the establishment of rules and regulations by the State Board of Education; to provide for the employment of an academic coach by a public school in accordance with a school improvement plan; to provide for monetary and other incentives for academic coaches; to provide for the

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establishment of a Master Teacher and Academic Coach Implementation Committee; to provide for the composition, duties, and duration of the committee; to provide for automatic repeal; to enact a new Part 6A of Article 17, relating to teachers and other school personnel, so as to provide an additional benefit and support for teachers and other school personnel by providing professional liability insurance coverage for teachers, principals, other certificated personnel, and student teachers by the state; 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 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," is amended by inserting a new Code section after Code Section 202-204 to be designated Code Section 20-2-205 to read as follows:
20-2-205. (a) The General Assembly finds that excellent public school teachers deserve recognition for the extraordinary learning opportunity they provide to Georgia students. (b) The Professional Standards Commission is authorized and directed to establish the 'Georgia Master Teacher Program' to provide recognition to certificated public school teachers who exhibit excellence in the classroom. (c) The Professional Standards Commission shall establish criteria for a Master Teacher Certification. Such criteria shall include, at a minimum, evidence of student achievement, which must include student progress. A public school teacher with three or more years of teaching experience in Georgia may submit an application to the Professional Standards Commission for a Master Teacher Certification. The Professional Standards Commission shall review each application and determine whether a teacher meets the criteria for a Master Teacher Certification. If the Professional Standards Commission finds that a teachers application meets the criteria, the teacher will be given a Master Teacher Certification, and that teacher will be known as and may be called a Master Teacher for a term to be determined pursuant to rules and regulations of the Professional Standards Commission, but in no event longer than seven years. The Professional Standards Commission is authorized to develop rules and regulations governing the Master Teacher Certification. (d) This Code section shall be repealed on June 30, 2009.
SECTION 1A. Said article is further amended by striking Code Section 20-2-212.2, relating to salary increase for persons receiving certification from National Board for Professional Teaching Standards, and inserting in its place the following:
20-2-212.2. (a) As used in this Code section, the term:
(1) 'High-needs school' means a Georgia public school that has received an

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unacceptable rating for a period of two or more consecutive years; and (2) 'national National certification' means certification obtained from the National Board for Professional Teaching Standards. (b) For initial national certification prior to July 1, 2006, and subsequent renewals anytime thereafter, (1) Any person who:
(1)(A) Is currently teaching full time in a Georgia public school and holds a valid Georgia teaching certificate; and (2)(B) Has successfully completed the prerequisite portfolio of student work and examination and has received national certification shall receive not less than a 10 percent rate increase in state salary for each year he or she holds national certification. Such increase shall be awarded beginning on the date such certification is received. The 10 percent increase shall be computed based on the state salary for such individual when national certification is received and recomputed each subsequent year based on the individuals state salary for that school year. In the case of a person who has received such national certification prior to July 1, 2000, and is receiving or is eligible to receive a 5 percent rate increase, the 5 percent rate increase shall be changed to a 10 percent rate increase effective with the commencement of the 2000-2001 school year. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is eligible. (c)(2) A teacher shall be granted two days of approved paid leave to prepare the portfolio of student work required for national certification. (d)(3) A portion of the national certification program participation fee may be paid by the state prior to certification for any person who: (1)(A) Is currently teaching in a Georgia public school and holds a valid Georgia teaching certificate; (2)(B) Has submitted an application and the initial qualifying payment to the National Board for Professional Teaching Standards; and (3)(C) Has successfully completed a screening process developed by the Professional Standards Commission. (e)(4) A teacher for whom the State of Georgia pays a portion of the national certification participation fee and who does not teach in a Georgia public school for at least one year after receiving certification shall repay the states portion of the participation fee to the state. Repayment is not required if the teacher is unable to complete the additional year of teaching due to the death or disability of the teacher, and repayment is not required if the teacher fails to receive national board certification. (f)(5) The portion of the national certification program participation fee paid by the participant shall be reimbursed by the state upon certification for any teacher who is eligible for an increase pursuant to subsection (b) of this Code section. (g)(6) A teacher for whom the State of Georgia reimburses the cost of the participation fee and who does not teach in a Georgia public school for at least one year after receiving certification shall repay the reimbursement payment to the state.

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Repayment is not required if the teacher is unable to complete the additional year of teaching due to the death or disability of the teacher. (b.1) Any person who has enrolled in the process, as determined by the Professional Standards Commission, of attaining national certification on or before March 1, 2005, and who obtains initial certification and subsequent renewals after July 1, 2006, shall be eligible for salary increases pursuant to subsection (b) of this Code section if such person otherwise meets the requirements of subsection (b). (c) Except as provided for in subsection (b.1) of this Code section, for initial national certification on and after July 1, 2006, and subsequent renewals anytime thereafter, (1) Any person who:
(A) Is currently teaching full time in a high-needs school and holds a valid Georgia teaching certificate as defined by the Professional Standards Commission; and (B) Has successfully completed the prerequisite portfolio of student work and examination and has received national certification shall receive not less than a 10 percent rate increase in state salary for each year he or she holds national certification. Such increase shall be awarded beginning on the date such certification is received. The 10 percent increase shall be computed based on the state salary for such individual when national certification is received. A teacher who transfers to a high-needs school after such individual receives national certification shall receive such increase beginning on the effective date of transfer if the teacher meets the requirements of this subsection, and such increase shall be computed based on the state salary for such individual on the effective date of the transfer. Provided such individual remains employed in a high-needs school or in a school that was designated as a high-needs school at the time the individual received national certification or transferred to such school and otherwise continues to meet the requirements of this subsection, the 10 percent increase shall be recomputed each subsequent year based on such individuals state salary for that school year. (2) A teacher shall be granted two days of approved paid leave to prepare the portfolio of student work required for national certification. (3) The Professional Standards Commission shall provide annually to the Department of Education a roster of teachers who have attained and retained national certification and are eligible for the annual increase. (4) The Professional Standards Commission shall be authorized to accept, receive, distribute, and administer funds to be used for national certification program participation fees.
SECTION 2. Said article is further amended by inserting new Code sections after Code Section 20-2212.4 to be designated Code Sections 20-2-212.5 and 20-2-212.6 to read as follows:
20-2-212.5. (a) The General Assembly finds that many teachers wish to spend their entire career teaching in a classroom setting. However, the current salary structure offers few financial incentives for public school teachers to continue in the classroom throughout

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their careers. The General Assembly finds that new opportunities for career advancement must be developed to encourage excellent public school teachers to continue teaching students and to contribute to the development of other teachers. (b) The State Board of Education is authorized and directed to establish the 'Academic Coach Program' to provide certificated public school teachers who exhibit excellence in the classroom with salary supplements or bonuses in exchange for mentoring other public school teachers. The state board is authorized to develop rules and regulations for such program, including requiring reports, data, or other measures of accountability. (c) A local school system desiring the expertise and competency of an academic coach in one or more of its schools shall develop a school improvement plan for each such school which identifies the academic strengths and the areas which need improvement in each such school and which identifies areas where the expertise and competency of an academic coach could lead to improved academic performance of its students. A local school system desiring an academic coach in one or more of its schools shall submit such plan or plans on behalf of the school or schools in its district to the Department of Education which will certify that the plan or plans includes identified deficiencies in school performance that an academic coach can address. Once such certification is obtained, the school system may employ an academic coach or coaches according to the terms of the school improvement plan to be a classroom teacher for one or more segments per day or to perform other duties commensurate with the school improvement plan. (d) Prior to working as an academic coach in a school, an academic coach must receive a Master Teacher Certification from the Professional Standards Commission, as provided for in Code Section 20-2-205. The academic coach shall participate in professional learning relative to performing duties as an academic coach and to the teaching and learning needs identified in the school improvement plan as described in subsection (c) of this Code section. (e) As part of its review of a school improvement plan, the school council at each school is authorized to request and receive data from the school relative to the schools utilization of an academic coach and whether such use of an academic coach has led to increased academic performance. (f) The state board is authorized, subject to appropriations by the General Assembly, to:
(1) Provide funds to local school systems that release academic coaches from the regular classroom for one or more segments per day; (2) Compensate academic coaches with salary supplements if they serve schools that have received an unacceptable rating for a period of two or more consecutive years; and (3) Compensate academic coaches and other teachers or personnel participating or involved in the program with bonuses based on demonstrated school-wide gains in student achievement. Nothing shall prohibit local boards of education from providing additional salary supplements and bonuses to any teacher serving as an academic coach.

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(g) This Code section shall be repealed on June 30, 2009.
20-2-212.6. The Governor shall appoint a Master Teacher and Academic Coach Implementation Committee to advise the Professional Standards Commission and the State Board of Education on the development of such rules governing the Georgia Master Teacher Program, in accordance with Code Section 20-2-205, and the Academic Coach Program, in accordance with this Code section. Such committee shall include at a minimum, two Department of Education staff members, two State Board of Education members, two Professional Standards Commission staff members, two Professional Standards Commission members, six teachers, one local school superintendent, one principal, one local school board member, two parents of public school students, the director of the Office of Student Achievement or his or her designee, one staff member from Georgias Leadership Institute for School Improvement, the chair of the Senate Education Committee or his or her designee, the chair of the House Committee on Education or his or her designee, and the director of the Office of Planning and Budget. The implementation committee shall hold public hearings across the state for the purpose of receiving input from parents, teachers, and other educators. In addition to developing recommendations for rules governing the designation of Master Teachers, the implementation committee shall develop recommendations for guidelines designed to provide information to principals on hiring and utilizing the services of an academic coach. The Master Teacher and Academic Coach Implementation Committee shall make its recommendations to the Professional Standards Commission and the State Board of Education no later than December 31, 2005. The implementation committee shall be disbanded on December 31, 2005. This Code section shall be repealed on December 31, 2005.
SECTION 3. Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, is amended by adding after Part 6 a new part to read as follows:
Part 6A
20-2-930. (a) For purposes of this Code section, the term:
(1) 'Certificated personnel' means all teachers, principals, and other education personnel certificated by the Professional Standards Commission. (2) 'Student teacher' means a college or university student in an education degree program in a unit of the University System of Georgia or in a private postsecondary institution who, as part of the degree program, is in a local school system in a classroom setting providing instruction to students and being mentored by a teacher. (b) The Department of Administrative Services shall be authorized to purchase or provide a policy or policies of professional liability insurance, subject to appropriations

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by the General Assembly, insuring certificated personnel who are employed by a local school system and student teachers. Such policy or policies shall protect against damages arising out of the performance of their duties or in any way connected therewith. The amount of such insurance and the appropriate coverages shall be in the discretion of the Department of Administrative Services, subject to specific appropriations by the General Assembly. (c) Insurance coverage provided pursuant to this Code section shall automatically cover all certificated personnel who are employed by a local school system and student teachers and shall be at no cost to such certificated personnel or student teachers. (d) The program of insurance under this part shall be administered by the Department of Administrative Services and such department shall be authorized to promulgate any necessary rules and regulations to implement such program. (e) The program of insurance shall be effective for insurance coverage of certificated personnel and student teachers no later than July 1, 2005.

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 Moody of the 56th moved that the Senate agree to the House substitute to SB 34.

Senator Thompson of the 5th requested a ruling of the Chair as to the germaneness of the House substitute to SB 34.

The President Pro Tempore ruled the substitute germane.

On the motion to agree to the House substitute to SB 34, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens
Johnson (PRS) Jones Y Kemp Y Me V Bremen N Miles Y Moody Y Mullis

Y Smith Y Starr Y Staton Y Stephens N Stoner N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson

THURSDAY, FEBRUARY 24, 2005

769

Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson

Y Pearson Y Powell N Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

E Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the motion, the yeas were 38, nays 14; the motion prevailed, and the Senate agreed to the House substitute to SB 34.

Senator Stephens of the 27th moved that the Senate adjourn until 9:00 a.m. Friday, February 25, 2005.

The motion prevailed, and the President announced the Senate adjourned at 2:35 p.m.

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Senate Chamber, Atlanta, Georgia Friday, February 25, 2005
Twenty-fifth Legislative Day

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

Senator Thomas of the 54th reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

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

Mr. President:

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

HB 259. By Representative Barnard of the 166th:

A BILL to be entitled an Act to provide that future elections for the office of probate judge of Evans County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 281.

By Representatives Smith of the 129th, Loudermilk of the 14th, Graves of the 12th, Floyd of the 147th and Mosley of the 178th:

A BILL to be entitled an Act to amend Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Regional Transportation Authority, so as to provide for additional powers to enter upon certain lands; to provide for procedures and conditions; to provide for a sales and use tax exemption with respect to property purchased by or used by the authority; to provide that no provision of Chapter 7 of Title 46 shall apply to any bus, other motor vehicle, or rapid rail system of the authority which provides transit services; to repeal conflicting laws; and for other purposes.

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771

HB 380. HB 396. HB 397. HB 416.

By Representative Lane of the 167th:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of McIntosh County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representatives Manning of the 32nd, Setzler of the 35th, Tumlin of the 38th, Cooper of the 41st, Jones of the 44th and others:
A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4749), so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representatives Manning of the 32nd, Setzler of the 35th, Tumlin of the 38th, Cooper of the 41st, Jones of the 44th and others:
A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, so as to change the compensation of the judges and associate judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Ralston of the 7th, Ehrhart of the 36th, Coleman of the 144th and Parrish of the 156th:
A BILL to be entitled an Act to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide for legislative findings and purposes; to provide for applicability; to provide definitions; to provide that physical impairment shall be an essential element of an asbestos claim or a silica claim; to provide for a limitations period for filing a claim; to provide for dismissal of pending claims under certain conditions; to provide for general rules applicable to new filings; to provide for forum non conveniens; to provide for venue; to provide for joinder and consolidation of claims; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 454.
HB 456. HB 466. HB 502. HB 507.

By Representatives Parsons of the 42nd, Tumlin of the 38th, Dollar of the 45th, Johnson of the 37th, Teilhet of the 40th and others:
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 May 17, 2004 (Ga. L. 2004, p. 3712), so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Ehrhart of the 36th, Teilhet of the 40th, Golick of the 34th, Dollar of the 45th, Jones of the 44th and others:
A BILL to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, 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; to repeal conflicting laws; and for other purposes.
By Representative Hanner of the 148th:
A BILL to be entitled an Act to amend an Act abolishing the office of county treasurer of Stewart County, providing for the appointment of depositories for funds, and creating the office of disbursing clerk, approved August 20, 1927 (Ga. L. 1927, p. 666), as amended, so as to change certain provisions relating to appointment and bond of the disbursing clerk; to change certain provisions relating to duties of the disbursing clerk; to repeal conflicting laws; and for other purposes.
By Representative Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Marion County, approved April 8, 2002 (Ga. L. 2002, p. 3794), as amended, so as to change the provisions relating to the compensation of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Atkinson County, approved April 5, 1993 (Ga. L. 1993, p.

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773

HB 511.
HB 512. HB 526. HB 532.

4771), as amended, so as to change the compensation of the members of the board of education; to repeal conflicting laws; and for other purposes.
By Representative Hanner of the 148th:
A BILL to be entitled an Act to provide a new charter for the City of Bronwood; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, and prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for a mayor pro tempore; to provide for departments, boards, commissions, and authorities; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
By Representatives Hanner of the 148th and Rynders of the 152nd:
A BILL to be entitled an Act to amend an Act creating the Lee County Utilities Authority, approved April 17, 1992 (Ga. L. 1992, p. 6419), as amended, so as to change the composition of such authority; to repeal conflicting laws; and for other purposes.
By Representatives Bryant of the 160th, Stephens of the 164th, Carter of the 159th, Jackson of the 161st, Day of the 163rd and others:
A BILL to be entitled an Act to amend an Act creating the Georgia International and Maritime Trade Center Authority, approved April 21, 1995 (Ga. L. 1995, p. 4499), as amended by an Act approved April 4, 1997 (Ga. L. 1997, p. 3791), so as to change the provisions relating to the membership of such authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representative Black of the 174th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Brooks County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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SB 132. By Senator Williams of the 19th:

A BILL to be entitled an Act to amend an Act providing for the Board of Education of Wayne County, approved January 28, 1994 (Ga. L. 1994, p. 3512), as amended, so as to provide for the nonpartisan election of members of that board; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes

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

HR 48.

By Representatives Dodson of the 75th, Barnes of the 78th, Buckner of the 76th, Abdul-Salaam of the 74th, Jordan of the 77th and others:

A RESOLUTION recognizing Honorable Martha K. Glaze and designating the Clayton Regional Youth Detention Center as the Martha K. Glaze Regional Youth Detention Center; and for other purposes.

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

SB 269. By Senators Rogers of the 21st, Smith of the 52nd and Hill of the 32nd:

A BILL to be entitled an Act to amend Code Section 16-11-64.1 of the Official Code of Georgia Annotated, relating to application and issuance of order authorizing installation and use of pen register or trap and trace device, so as to provide that the district attorney having jurisdiction over the prosecution of the crime under investigation may apply for or extend an order authorizing the installation and use of a pen register or trap and trace device; to provide that any superior court judge may authorize such use; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Judiciary Committee.

SB 270. By Senators Williams of the 19th, Whitehead, Sr. of the 24th and Kemp of the 46th:

A BILL to be entitled an Act to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the general contracting powers of the Department of Transportation, so as to permit the acceptance of solicited as well as unsolicited proposals for public-private initiatives; to allow for the disclosure of nonproprietary matters from the unsolicited and solicited

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775

proposals in order to encourage competition; to provide for a payment and performance bond sufficient to protect the interest of the public; to extend the time for submission of competing proposals; to amend Part 1 of Article 1 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the Georgia Highway Authority generally, to provide for additional definitions and powers of the authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.

SB 271. By Senators Whitehead, Sr. of the 24th, Grant of the 25th, Seabaugh of the 28th, Schaefer of the 50th and Thomas of the 54th:
A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required and disclosure of exempting authority, so as to exempt certain records or information contained in records from the requirements of public disclosure; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

SB 272. By Senators Moody of the 56th, Shafer of the 48th, Miles of the 43rd, Hill of the 4th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to specific programs in elementary and secondary education, so as to provide that the State Board of Education shall develop a school interscholastic extracurricular athletic policy that provides for the use of a single, comprehensive, preparticipation physical examination form; to provide for physical examinations in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.

SB 273. By Senators Goggans of the 7th, Seabaugh of the 28th, Williams of the 19th, Staton of the 18th, Whitehead, Sr. of the 24th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and

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renewal of drivers licenses, so as to change the definition of a Class C license for commercial and noncommercial drivers licenses; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 274. By Senator Seabaugh of the 28th:
A BILL to be entitled an Act to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, the "Georgia Utility Facility Protection Act," so as to add provisions relating to sewer laterals, to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SB 275. By Senators Seabaugh of the 28th, Zamarripa of the 36th and Pearson of the 51st:
A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the incorporation of townships; 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; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SR 294. By Senators Thomas of the 54th, Hill of the 32nd, Heath of the 31st, Hudgens of the 47th, Kemp of the 46th and others:
A RESOLUTION creating the Cervical Cancer Elimination Task Force; and for other purposes.
Referred to the Health and Human Services Committee.
SR 295. By Senator Zamarripa of the 36th:
A RESOLUTION proposing an amendment to the Constitution so as to provide for the division of Fulton County into two new counties to be known as Milton County and Atlanta County; to provide that such counties shall each be governed by a consolidated governing authority; to provide that the General

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777

Assembly shall provide by law for all matters relating to this amendment; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SR 297. By Senators Mullis of the 53rd, Wiles of the 37th, Hudgens of the 47th and Meyer von Bremen of the 12th:
A RESOLUTION urging the United States Congress to establish a domestic energy policy that will ensure an adequate supply of energy and the appropriate infrastructure; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
SR 298. By Senators Seabaugh of the 28th, Balfour of the 9th and Johnson of the 1st:
A RESOLUTION creating the Joint House and Senate Emerging Communications Technologies Study Committee; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
The following House legislation was read the first time and referred to committee:
HB 259. By Representative Barnard of the 166th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Evans County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 281. By Representatives Smith of the 129th, Loudermilk of the 14th, Graves of the 12th, Floyd of the 147th and Mosley of the 178th:
A BILL to be entitled an Act to amend Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Regional Transportation Authority, so as to provide for additional powers to enter upon certain lands; to provide for procedures and conditions; to provide for a sales and use tax exemption with respect to property purchased by or used by the authority; to provide that no provision of Chapter 7 of Title 46 shall apply to any bus, other

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motor vehicle, or rapid rail system of the authority which provides transit services; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
HB 380. By Representative Lane of the 167th:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of McIntosh County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 396. By Representatives Manning of the 32nd, Setzler of the 35th, Tumlin of the 38th, Cooper of the 41st, Jones of the 44th and others:
A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4749), so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 397. By Representatives Manning of the 32nd, Setzler of the 35th, Tumlin of the 38th, Cooper of the 41st, Jones of the 44th and others:
A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, so as to change the compensation of the judges and associate judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 416. By Representatives Ralston of the 7th, Ehrhart of the 36th, Coleman of the 144th and Parrish of the 156th:
A BILL to be entitled an Act to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide for legislative findings and purposes; to provide for applicability; to provide definitions; to provide that

FRIDAY, FEBRUARY 25, 2005

779

physical impairment shall be an essential element of an asbestos claim or a silica claim; to provide for a limitations period for filing a claim; to provide for dismissal of pending claims under certain conditions; to provide for general rules applicable to new filings; to provide for forum non conveniens; to provide for venue; to provide for joinder and consolidation of claims; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 454. By Representatives Parsons of the 42nd, Tumlin of the 38th, Dollar of the 45th, Johnson of the 37th, Teilhet of the 40th and others:
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 May 17, 2004 (Ga. L. 2004, p. 3712), so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 456. By Representatives Ehrhart of the 36th, Teilhet of the 40th, Golick of the 34th, Dollar of the 45th, Jones of the 44th and others:
A BILL to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, 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; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 466. By Representative Hanner of the 148th:
A BILL to be entitled an Act to amend an Act abolishing the office of county treasurer of Stewart County, providing for the appointment of depositories for funds, and creating the office of disbursing clerk, approved August 20, 1927 (Ga. L. 1927, p. 666), as amended, so as to change certain provisions relating to appointment and bond of the disbursing clerk; to change certain provisions

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relating to duties of the disbursing clerk; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 502. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Marion County, approved April 8, 2002 (Ga. L. 2002, p. 3794), as amended, so as to change the provisions relating to the compensation of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 507. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Atkinson County, approved April 5, 1993 (Ga. L. 1993, p. 4771), as amended, so as to change the compensation of the members of the board of education; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 511. By Representative Hanner of the 148th:
A BILL to be entitled an Act to provide a new charter for the City of Bronwood; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, and prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for a mayor pro tempore; to provide for departments, boards, commissions, and authorities; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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781

HB 512. By Representatives Hanner of the 148th and Rynders of the 152nd:
A BILL to be entitled an Act to amend an Act creating the Lee County Utilities Authority, approved April 17, 1992 (Ga. L. 1992, p. 6419), as amended, so as to change the composition of such authority; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 526. By Representatives Bryant of the 160th, Stephens of the 164th, Carter of the 159th, Jackson of the 161st, Day of the 163rd and others:
A BILL to be entitled an Act to amend an Act creating the Georgia International and Maritime Trade Center Authority, approved April 21, 1995 (Ga. L. 1995, p. 4499), as amended by an Act approved April 4, 1997 (Ga. L. 1997, p. 3791), so as to change the provisions relating to the membership of such authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development Committee.
HB 532. By Representative Black of the 174th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Brooks County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HR 48. By Representatives Dodson of the 75th, Barnes of the 78th, Buckner of the 76th, Abdul-Salaam of the 74th, Jordan of the 77th and others:
A RESOLUTION recognizing Honorable Martha K. Glaze and designating the Clayton Regional Youth Detention Center as the Martha K. Glaze Regional Youth Detention Center; and for other purposes.
Referred to the State Institutions and Property Committee.

The following committee reports were read by the Secretary:

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Mr. President:

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

SB 230

Do Pass by substitute

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

Mr. President:

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

SB 1 SB 74

Do Pass Do Pass

Respectfully submitted, Senator Moody of the 56th District, Chairman

Mr. President:

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

SB 227

Do Pass by substitute

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

Mr. President:

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

HB 188 SB 136 SB 139

Do Pass Do Pass Do Pass by substitute

Respectfully submitted, Senator Smith of the 52nd District, Chairman

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783

Mr. President:

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

HB 319 SB 161

Do Pass Do Pass

Respectfully submitted, Senator Heath of the 31st 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 155 SB 84 SR 213

Do Pass Do Pass by substitute Do Pass
Respectfully submitted, Senator Wiles of the 37th District, Chairman

The following legislation was read the second time:

HB 178 HB 273 HR 14 HR 66 SB 31

SB 32 SB 44 SB 57 SB 106 SB 122

SB 126 SB 127 SB 134 SB 158

SB 166 SB 167 SB 175 SB 190

SB 195 SB 205 SB 224 SR 41

SR 86 SR 156 SR 161 SR 163

Senator Seabaugh of the 28th asked unanimous consent that Senator Unterman of the 45th be excused. The consent was granted, and Senator Unterman was excused.

Senator Whitehead of the 24th asked unanimous consent that Senator Douglas of the 17th be excused. The consent was granted, and Senator Douglas was excused.

Senator Chance of the 16th asked unanimous consent that Senator Carter of the 13th be excused. The consent was granted, and Senator Carter was excused.

Senator Seay of the 34th asked unanimous consent that Senator Zamarripa of the 36th be excused. The consent was granted, and Senator Zamarripa was excused.

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

Adelman Balfour Brown Bulloch Butler Cagle Chance Chapman Fort Goggans Golden Grant Harbison Harp Heath Henson

Hill,Jack Hill,Judson Hooks Hudgens Johnson Jones Kemp Me V Bremen Miles Moody Mullis Pearson Powell Rogers Seabaugh

Seay Shafer,D Smith Starr Staton Stephens Stoner Thomas,D Thomas,R Thompson,C Tolleson Weber Whitehead Wiles Williams

Not answering were Senators:

Carter (Excused) Reed Thompson, S Zamarripa (Excused)

Douglas (Excused) Schaefer Unterman (Excused)

Hamrick Tate Walker

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

Senators:

Reed

Schaefer

Tate

The members pledged allegiance to the flag.

Senator Starr of the 44th introduced the chaplain of the day, Pastor Chad Ellis of Forest Park, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 288. By Senator Goggans of the 7th:

A RESOLUTION commending Mr. John O'Brien, Coffee High School Director of Bands, on the occasion of his retirement; and for other purposes.

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785

SR 289. By Senator Goggans of the 7th:
A RESOLUTION honoring former band director, Mr. John Maley; and for other purposes.
SR 290. By Senator Goggans of the 7th:
A RESOLUTION commending Coach Bonwell Royal, Head Coach of the Coffee High School football team, on the occasion of his retirement; and for other purposes.
SR 291. By Senators Kemp of the 46th, Hudgens of the 47th and Whitehead, Sr. of the 24th:
A RESOLUTION commending the 2004 University of Georgia baseball team; and for other purposes.
SR 292. By Senators Kemp of the 46th, Hudgens of the 47th and Whitehead, Sr. of the 24th:
A RESOLUTION congratulating and commending Coach David Perno of the University of Georgia baseball team; and for other purposes.
SR 293. By Senator Grant of the 25th:
A RESOLUTION honoring Mrs. Sybil Fowler on the occasion of her birthday; and for other purposes.
SR 296. By Senators Mullis of the 53rd, Thomas of the 2nd, Pearson of the 51st, Shafer of the 48th and Kemp of the 46th:
A RESOLUTION recognizing the month of May, 2005, as "Motorcycle Awareness and You Month" in Georgia; and for other purposes.
SR 299. By Senators Miles of the 43rd, Seay of the 34th, Butler of the 55th, Jones of the 10th, Brown of the 26th and others:
A RESOLUTION recognizing and commending Tavis Smiley; and for other purposes.
SR 300. By Senator Hill of the 4th:
A RESOLUTION commending District Attorney Investigator Jimmy Jones

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

SENATE RULES CALENDAR FRIDAY, FEBRUARY 25, 2005 TWENTY-FIFTH LEGISLATIVE DAY

HR 47

Coverdell, Paul D.; rename Legislative Office Building in his honor (RULES-9th) Keen-179th

SB 140

Patient's Right to Independent Review Act; revise; add definitions; references (H&HS-19th)

SB 111

Nuisances; companion animal establishment; immunity from civil/criminal action (Substitute)(AG&CA-7th)

SB 199

Pharmacy, State Board; prescription drugs by mail; delete certain provisions (H&HS-9th)

SB 196

Public Health; offenses; smoking on a bus while transporting children (ED&Y-13th)

SR 166

Apportionment of Congressional Districts; expressing the sense of the Senate with respect to general bills (R&R-21st)

Respectfully submitted,

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

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

HR 47. By Representatives Keen of the 179th, Richardson of the 19th, Burkhalter of the 50th, Royal of the 171st, Channell of the 116th and others:

A RESOLUTION paying tribute to the memory of a great Georgian, the late Paul D. Coverdell, and naming the Paul D. Coverdell Legislative Office Building in his honor; 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.

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787

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

Y Adelman Y Balfour Y Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh
Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner N Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson E Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the adoption of the resolution, the yeas were 47, nays 3.

HR 47, having received the requisite constitutional majority, was adopted.

Senator Wiles of the 37th introduced the doctor of the day, Dr. C. Dirk Williams.

The Calendar was resumed.

SB 140. By Senators Williams of the 19th and Cagle of the 49th:

A BILL to be entitled an Act to amend Article 2 of Chapter 20A of Title 33 of the O.C.G.A., relating to the patients right to independent review, so as to revise and add definitions; to change references to conform to revised and new terms; to amend Article 7 of Chapter 4 of Title 49 of the O.C.G.A., relating to medical assistance generally, so as to strike Code Section 49-4-156, which is reserved, and inserting a new Code Section 49-4-156 to provide that certain requirements shall not apply to health maintenance organizations which contract with the department of community health; to amend Article 13 of Chapter 5 of Title 49 of the O.C.G.A., relating to PeachCare for Kids, so as to provide for a definition; to provide for a reduction in the maximum income limit in the discretion of the board of community health; to change certain

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provisions relating to services, copayments, enrollment, and contracting of services; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Senator Williams of the 19th asked unanimous consent to drop SB 140 to the foot of today's Senate Rules Calendar.
Senator Tate of the 38th objected.
Senator Tate of the 38th withdrew her objection.
The consent was granted and SB 140 was placed at the foot of the Rules Calendar.
SB 111. By Senators Goggans of the 7th, Chapman of the 3rd, Bulloch of the 11th, Pearson of the 51st and Whitehead, Sr. of the 24th:
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 preclude any companion animal establishment from being or becoming a nuisance solely as a result of changed conditions in or around the locality of the establishment; to provide for immunity from civil or criminal actions relating to noise from a companion animal establishment under certain conditions; to exempt certain conduct from changes in certain ordinances, rules, or regulations; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate Agriculture and Consumer Affairs Committee offered the following substitute to SB 111:
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 preclude any companion animal establishment from being or becoming a nuisance solely as a result of changed conditions in or around the locality of the establishment; to provide for immunity from civil or criminal actions relating to noise from a companion animal establishment under certain conditions; to exempt certain conduct from changes in certain ordinances, rules, or regulations; 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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789

SECTION 1. Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, is amended by adding a new Code section to read as follows:
41-1-10.
(a) As used in this Code section, the term: (1) 'Changed conditions' means any one or more of the following: (A) Any change in the use of land in the area of a companion animal establishment; (B) An increase in the magnitude of an existing use of land in or around the locality of a companion animal establishment and includes, but is not limited to, urban sprawl into an area in or around the locality of a companion animal establishment, 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 a companion animal establishment closer to a companion animal establishment than those improvements located on such land at the time of commencement of the operation of the companion animal establishment at issue. (2) 'Companion animal' means any animal that is commonly kept by persons as a pet or for companionship and has been domesticated so as to live and breed in a tame condition. Such term includes but is not limited to any of the following animals if domesticated: dogs, cats, ferrets, gerbils, guinea pigs, hamsters, equines, and rabbits. (3) 'Companion animal establishment' means any facility in operation for at least one year used to house companion animals; provided, however, that such term shall not include any facility that is required to be licensed by the Department of Agriculture but which is not so licensed. (4) 'Unit of government' means any county, municipality, or other political subdivision or any department, agency, or authority thereof.
(b) No companion animal establishment shall be or shall become a nuisance, either public or private, solely as a result of changed conditions in or around the locality of such companion animal establishment since the date on which it commenced operation. Subsequent physical expansion, increased capacity, or expansion of scope to serve additional species of animals of the companion animal establishment shall not establish a new date of commencement of operations for purposes of this Code section. (c) No companion animal establishment or unit of government or person owning, operating, or using a companion animal establishment shall be subject to any action for civil or criminal liability, damages, abatement, or injunctive relief resulting from or relating to noise generated by the operation of the companion animal establishment if the companion animal establishment remains in compliance with noise control or nuisance abatement rules, regulations, statutes, or ordinances applicable to the companion animal establishment on the date on which it commenced operation. (d) No rules, regulations, statutes, or ordinances relating to noise control, noise pollution, or noise abatement adopted or enacted by a unit of government shall be applied retroactively to prohibit conduct at a companion animal establishment, which

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conduct was lawful and being engaged in prior to the adoption or enactment of such rules, regulations, statutes, or ordinances. (e) Nothing in this Code section shall affect enforcement of any provision of Title 4 or Code Section 16-12-4.

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

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

On the adoption of the substitute, the yeas were 39, nays 0, and the committee substitute was adopted.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Starr
Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S
Tolleson E Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 50, nays 1.

SB 111, having received the requisite constitutional majority, was passed by substitute.

FRIDAY, FEBRUARY 25, 2005

791

SB 199. By Senators Balfour of the 9th, Seabaugh of the 28th, Hudgens of the 47th, Adelman of the 42nd and Henson of the 41st:

A BILL to be entitled an Act to amend Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, so as to delete certain provisions relating to selling, distributing, and delivering prescription drugs by mail or other common carriers; to repeal conflicting laws; and for other purposes.

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 Brown N Bulloch Y Butler N Cagle N Carter Y Chance Y Chapman Y Douglas Y Fort N Goggans N Golden N Grant N Hamrick N Harbison N Harp Y Heath Y Henson

N Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson Y Jones N Kemp N Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay N Shafer,D

Y Smith N Starr Y Staton Y Stephens Y Stoner Y Tate
Thomas,D N Thomas,R Y Thompson,C Y Thompson,S
Tolleson E Unterman
Walker Y Weber N Whitehead Y Wiles N Williams E Zamarripa

On the passage of the bill, the yeas were 33, nays 18.

SB 199, having received the requisite constitutional majority, was passed.

Senator Rogers of the 21st asked unanimous consent that Senator Tolleson of the 20th be excused. The consent was granted, and Senator Tolleson was excused.

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Senator Staton of the 18th asked unanimous consent that Senator Douglas of the 17th be excused. The consent was granted, and Senator Douglas was excused.

SB 196. By Senators Carter of the 13th, Butler of the 55th, Moody of the 56th, Thomas of the 54th and Douglas of the 17th:

A BILL to be entitled an Act 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 on a school bus or other vehicle transporting children to and from schools or early care and education programs; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senator Carter of the 13th offered the following amendment:

Amend SB 196 (LC 33 0551) by adding to the end of line 17 of page 1 the following: This shall not apply to personal vehicles of teachers or staff of a public or private school or early care and education program.

On the adoption of the amendment, the yeas were 33, nays 2, and the Carter 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 Balfour
Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance N Chapman E Douglas Y Fort Y Goggans Y Golden
Grant Y Hamrick Y Harbison

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S E Tolleson E Unterman
Walker Y Weber Y Whitehead Y Wiles

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793

Y Harp Y Heath Y Henson

Y Seabaugh Y Seay Y Shafer,D

Y Williams E Zamarripa

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

SB 196, having received the requisite constitutional majority, was passed as amended.

SR 166. By Senators Rogers of the 21st, Johnson of the 1st, Stephens of the 27th, Seabaugh of the 28th and Chance of the 16th:

A RESOLUTION expressing the sense of the Senate with respect to general bills; and for other purposes.

Senators Stoner of the 6th, Adelman of the 42nd, Golden of the 8th and Brown of the 26th offered the following amendment #1:

Amend SR 166 by striking "and" at the end of line 15 of page 1.

By striking the period at the end of line 18 of page 1 and inserting in its place "; and".

By inserting between lines 18 and 19 of page 1 the following: (7) An independent commission shall be established prior to the next apportionment of congressional districts. Such commission shall consist of four members, with the majority leader of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, and the minority leader of the Senate each appointing one commission member. No person shall be eligible to serve as a commission member who is currently holding any elective office. All commission members must be retired judges. Any congressional reapportionment plan shall be approved by three-fourths of the members appointed to the commission in a roll-call vote.

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

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen

N Smith Y Starr N Staton N Stephens Y Stoner Y Tate N Thomas,D Y Thomas,R

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N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

Y Thompson,C Y Thompson,S E Tolleson E Unterman
Walker N Weber N Whitehead N Wiles N Williams E Zamarripa

On the adoption of the amendment, the yeas were 20, nays 32, and the Stoner et al. amendment #1 was lost.

Senators Stoner of the 6th, Adelman of the 42nd, Golden of the 8th and Brown of the 26th offered the following amendment #2:

Amend SR 166 by adding immediately following line 29 of page 2 the following:

BE IT FURTHER RESOLVED that it is the sense of the Senate that no general bill providing for the apportionment of representative districts, senatorial districts, or both, shall be enacted prior to 2011 due to the apportionment plans of the Special Master adopted by the United States District Court for the Northern District of Georgia in Larios v. Cox, 314 F. Supp. 2d 1357 (N. D. Ga. 2004), which plans comply with the criteria set forth in this resolution.

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

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell

N Smith Y Starr N Staton N Stephens Y Stoner Y Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S E Tolleson E Unterman
Walker

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795

N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

N Weber N Whitehead N Wiles N Williams E Zamarripa

On the adoption of the amendment, the yeas were 20, nays 32, and the Stoner et al. amendment #2 was lost.

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

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

Y Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens N Stoner N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S E Tolleson E Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the adoption of the resolution, the yeas were 36, nays 16.

SR 166, having received the requisite constitutional majority, was adopted.

Senator Rogers of the 21st recognized the Gilmer County High School Wrestling Team, commended by SR 281, adopted previously.

The Calendar was resumed.

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SB 140. By Senators Williams of the 19th and Cagle of the 49th:
A BILL to be entitled an Act to amend Article 2 of Chapter 20A of Title 33 of the O.C.G.A., relating to the patients right to independent review, so as to revise and add definitions; to change references to conform to revised and new terms; to amend Article 7 of Chapter 4 of Title 49 of the O.C.G.A., relating to medical assistance generally, so as to strike Code Section 49-4-156, which is reserved, and inserting a new Code Section 49-4-156 to provide that certain requirements shall not apply to health maintenance organizations which contract with the department of community health; to amend Article 13 of Chapter 5 of Title 49 of the O.C.G.A., relating to PeachCare for Kids, so as to provide for a definition; to provide for a reduction in the maximum income limit in the discretion of the board of community health; to change certain provisions relating to services, copayments, enrollment, and contracting of services; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Senator Thomas of the 2nd offered the following amendment #1 to SB 140:
Amend SB 140 (LC 33 0689) by striking the phrase and symbol `except when authorized by the board.' on lines 22 and 23 of page 11.
Senator Thomas of the 2nd asked unanimous consent that her amendment #1 be withdrawn. The consent was granted, and the amendment was withdrawn.
Senator Adelman of the 42nd offered the following amendment #2 to SB 140:
Amend SB 140 (LC 33 0689) by striking the phrase and symbol `The board may establish the maximum income limit in a lesser amount when the department has reason to believe the cost of enrollment or services may exceed the availability of funding.' on lines 30 thru 32 of page 10.
By striking the phrase and symbol `or the maximum income limit established by the board, whichever is lower,' on line 34 of page 10 and line 1 of page 11.
Senator Adelman of the 42nd asked unanimous consent that his amendment #2 be withdrawn. The consent was granted, and the amendment was withdrawn.
Senator Williams of the 19th offered the following amendment #3:
Amend SB 140 by striking lines 9 through 11 of page 1 and inserting in lieu thereof the following:
"Kids, so as to provide for a definition; to change certain provisions relating to the

FRIDAY, FEBRUARY 25, 2005

797

creation of PeachCare, availability, eligibility, payment of premiums, and enrollment; to provide for related".

By inserting after "striking" on line 25 of page 10 "subsections (g) through (o) of".

By striking line 28 of page 10 through line 30 of page 11.

By inserting quotation marks at the beginning of line 31 of page 11.

By striking lines 33 through 35 of page 12 and inserting in lieu thereof the following: (n) There shall be created a separate budget unit 'C' and a separate appropriation in the department for the purpose of carrying out the provisions of this article. (o) The Department of Education and local boards of education shall cooperate with and' .

On the adoption of the amendment, the yeas were 44, nays 0, and the Williams amendment #3 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:

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson N Jones Y Kemp Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens N Stoner N Tate Y Thomas,D N Thomas,R N Thompson,C
Thompson,S E Tolleson E Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

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On the passage of the bill, the yeas were 35, nays 16.
SB 140, having received the requisite constitutional majority, was passed as amended.
Senator Stephens of the 27th moved that the Senate stand in recess until 5:00 p.m. today, and asked unanimous consent that Senate Rule 3-1.2(a) be suspended and the Order of Business changed to allow for the introduction, first reading and assignment of a bill to the Senate Retirement Committee then adjourn until 1:00 p.m. Wednesday, March 2, 2005, pursuant to HR 198.
At 12:07 p.m., the President announced that the motion prevailed.
The following Senate legislation was introduced, read the first time and referred to committee:
SB 280. By Senator Thompson of the 5th:
A BILL to be entitled an Act to amend Code Section 47-20-84 of the Official Code of Georgia Annotated, relating to investment requirements for large retirement systems, so as to provide that the Employees Retirement System of Georgia and any public retirement system administered by such retirement system may invest a certain percentage of their portfolios in certain types of investments; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
The Senate adjourned at 5:00 p.m.

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799

Senate Chamber, Atlanta, Georgia Wednesday, March 2, 2005
Twenty-sixth Legislative Day

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

Senator Stephens of the 27th 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 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 381. By Representatives Bridges of the 10th and Cummings of the 16th:

A BILL to be entitled an Act to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances, so as to make technical corrections of certain conflicting provisions; to repeal conflicting laws; and for other purposes.

HB 460. By Representative Bridges of the 10th:

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 make numerous changes throughout said title to ensure that Georgias public retirement systems are in compliance with the federal Internal Revenue Code and regulations promulgated thereunder; to repeal conflicting laws; and for other purposes.

HB 522.

By Representatives Manning of the 32nd, Tumlin of the 38th, Setzler of the 35th, Johnson of the 37th and Ehrhart of the 36th:

A BILL to be entitled an Act to amend an Act creating the Cobb CountyMarietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p.

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HB 579. HB 581. HB 583. HB 585.

497), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5296), so as to amend certain provisions relating to the immunity of the authority; to repeal conflicting laws; and for other purposes.
By Representative Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Marion County, approved February 21, 1951 (Ga. L. 1951, p. 2880), as amended, so as to change the compensation of the chairperson and members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representative Butler of the 18th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Bremen, approved December 30, 1898 (Ga. L. 1898, p. 136), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4406), so as to provide that the Bremen City Board of Education shall have sole authority to set, approve, and amend its budget; to provide taxing authority; to vest title of certain property in the board of education; to provide a joint review committee with the board of education and the board of commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representative Mosley of the 178th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Patterson in the County of Pierce, approved April 9, 1981 (Ga. L. 1981, p. 4545), as amended, so as to reduce the number of members of the city council from six to five members; to provide for the time and manner of election of the mayor and council; to provide for the terms of the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representatives Houston of the 170th and Shaw of the 176th:
A BILL to be entitled an Act to create a board of elections and registration for Berrien 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

WEDNESDAY, MARCH 2, 2005

801

HB 587. HB 588. HB 590.
HB 595.

board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
By Representative Roberts of the 154th:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of Irwin County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representative Roberts of the 154th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Irwin County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Fludd of the 66th, Lakly of the 72nd, Abdul-Salaam of the 74th, Jordan of the 77th and Yates of the 73rd:
A BILL to be entitled an Act to provide for a homestead exemption from City of Peachtree City ad valorem taxes for municipal purposes in the amount of $5,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over and whose income does not exceed $30,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
By Representatives Millar of the 79th, Jacobs of the 80th, Drenner of the 86th, Chambers of the 81st, Henson of the 87th and others:
A BILL to be entitled an Act to provide for a homestead exemption from certain DeKalb 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

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HB 598. HB 599. HB 601.

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 Representatives Ray of the 136th and James of the 135th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Peach County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Ray of the 136th and James of the 135th:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of Peach County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Channell of the 116th and Fleming of the 117th:
A BILL to be entitled an Act to amend an Act providing an annual salary for the Wilkes County coroner, approved March 13, 1978 (Ga. L. 1978, p. 3121), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3919), so as to increase the salary of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 603.

By Representative Channell of the 116th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Greensboro, approved March 16, 1978 (Ga. L. 1978, p. 3932), as amended, so as to annex certain property and land into the corporate limits of the City of Greensboro; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 612.

By Representative Hudson of the 124th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Warren County shall be nonpartisan elections held at the time of certain general primary elections; to provide for submission of

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803

this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 615. By Representative McCall of the 30th:

A BILL to be entitled an Act to amend an Act providing for a Board of Commissioners for the County of Elbert, approved February 27, 1875 (Ga. L. 1875, p. 253), as amended, particularly by an Act approved September 5, 1991 (Ga. L. 1991 Ex Sess., p. 370), so as to change provisions relating to the election and powers of the chairperson of the board of commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 48.

By Senators Smith of the 52nd, Thomas of the 54th, Mullis of the 53rd, Tolleson of the 20th and Rogers of the 21st:

A BILL to be entitled an Act to state a general intent to eliminate the future "sunset" of certain provisions relating to renal disease facilities; to provide that provisions of the Official Code of Georgia Annotated relating to renal disease facilities which were in effect and applicable on January 1, 2005, shall remain in effect and applicable until and unless changed by future Act of the General Assembly; to amend an Act amending Title 31 of the O.C.G.A., relating to health, which Act was approved April 20, 2000 (Ga. L. 2000, p. 526); to amend Code Section 31-44-3 of the O.C.G.A., so as to revise certain provisions relating to membership on the Renal Dialysis Advisory Council; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

HR 142.

By Representatives Smith of the 131st, Smith of the 129th, Buckner of the 130th, Reece of the 11th, Crawford of the 127th and others:

A RESOLUTION requesting that the Committee on the Implementation of Textile Agreements approve the safeguard petitions filed by the United States textile industry; and for other purposes.

Mr. President:

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

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SB 82.

By Senators Hamrick of the 30th, Schaefer of the 50th, Hudgens of the 47th, Cagle of the 49th, Shafer of the 48th and others:
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 supplement definitions relating to financial institutions; to define time parameters for meeting notices; to implement personnel policies; to promulgate regulations promoting parity with federal financial institutions; to prohibit certain persons from participating in financial institutions; to allow Georgia and federal courts access to financial information; to lengthen the time for closure of stock transfer books; to protect the shareholders during bank conversions, mergers, and consolidations; to require notice to the department when articles are amended; to update the financial requirements for licensure of mortgage brokers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following communication was received by the Secretary:

Senator Eric Johnson District 1 321 State Capitol Atlanta, GA 30334

Committees: Appropriations Ethics Finance Natural Resources and the Environment Regulated Industries and Utilities Rules

The State Senate Atlanta, Georgia 30334

March 1, 2005

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

Dear Frank:

The Committee on Assignments has appointed Senator Cecil Staton as an ex-officio member of the Senate Appropriations Committee for the 2005-2006 legislative term.

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805

If you have any questions, please feel free to call me or my chief of staff, Amanda Seals, at 404.656.5109.
Sincerely,
/s/ Eric Johnson Senate President Pro Tempore
The following Senate legislation was introduced, read the first time and referred to committee:
SB 276. By Senator Wiles of the 37th:
A BILL to be entitled an Act to amend Part 1 of Article 11 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to powers of local boards of education relative to public school property and facilities, so as to provide that a local board of education shall not exercise the power of condemnation if another appropriate parcel or parcels of private property located within three miles is for sale for purchase outright; to provide for procedures which shall be followed by a local board of education before exercising the right of eminent domain; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 277. By Senators Cagle of the 49th, Pearson of the 51st and Hudgens of the 47th:
A BILL to be entitled an Act to amend Article 9 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Hazardous Site Reuse and Redevelopment Act," so as to change certain provisions relating to definitions; to provide that certain persons who purchased property after July 1, 2002, and before January 1, 2005, shall be treated as prospective purchasers for purposes of said Act; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 278. By Senators Jones of the 10th, Starr of the 44th and Douglas of the 17th:
A BILL to be entitled an Act to provide for the Henry County Board of Elections and Registration; to provide for the board as a successor to the boards created under prior law; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members; to

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provide an administrative office for elections and registrations; to staff such office with an administrative director, clerical assistants, and other employees; to provide compensation for administrative personnel and members of the board; to terminate the former board of elections and board of registrars; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 279. By Senators Mullis of the 53rd, Moody of the 56th, Pearson of the 51st, Carter of the 13th and Goggans of the 7th:
A BILL to be entitled an Act to amend Code Section 21-5-70 of the Official Code of Georgia Annotated, relating to definitions relative to lobbyist disclosure, so as to include certain print, radio, and television reporters and journalists within the definition of lobbyist; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Ethics Committee.

SB 281. By Senator Rogers of the 21st:
A BILL to be entitled an Act to amend Code Section 49-5-281 of the Official Code of Georgia Annotated, relating to a bill of rights for foster parents, so as to provide that a foster parent or parents shall have the right to hire independent legal counsel for representation in a grievance process; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

SB 282. By Senators Williams of the 19th, Seabaugh of the 28th and Balfour of the 9th:
A BILL to be entitled an Act to amend the O.C.G.A., and in particular Title 28, relating to the General Assembly, so as to recognize and accomplish certain changes in the organization of the legislative branch of government; to change provisions relating to the Legislative Services Committee, including provisions relating to the membership, powers and duties, and operations of the committee; to abolish the Legislative Budget Office and the position of legislative budget analyst; to change provisions relating to the Fiscal Affairs

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Subcommittees and their membership and meetings; to change provisions relative to the procedure for consideration of bills having a significant impact on state revenues or expenditures; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 283. By Senators Bulloch of the 11th and Williams of the 19th:
A BILL to be entitled an Act to amend Part 3 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to submerged cultural resources, so as to change certain provisions relating to permits and authorization to contract for investigation, survey, or recovery operations and renewal and revocation of permits; to provide that the Department of Natural Resources shall establish a program to authorize deadhead logging operations in certain locations and under certain conditions; to provide for administration of such a program; to define certain terms; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 284. By Senators Seabaugh of the 28th and Balfour of the 9th:
A BILL to be entitled an Act to amend Chapter 18 of Title 45, relating to employees insurance and benefits plans, so as to create a trust fund to provide for retiree post-employment health care benefits; to provide for definitions; to provide for the powers and duties of the board and commissioner of community health; to provide for actuarial services; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 285. By Senator Rogers of the 21st:
A BILL to be entitled an Act to amend Article 6 of Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to operation of trains generally, so as to remove certain provisions relating to employees engaged in the operation of trains and relating to signal whistles and lights on trains; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.

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SB 286. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the state merit system of personnel administration in general, so as to repeal provisions relating to optional coverage of legislative branch employees under the classified service of the state merit system; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 287. By Senator Heath of the 31st:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and trade practices, so as to repeal provisions which provide that local government permits are required for the operation of movie theaters and athletic events to be held on Sundays; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 288. By Senators Rogers of the 21st and Hamrick of the 30th:
A BILL to be entitled an Act to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to enact the "Grade Integrity Act of 2005"; to provide that no classroom teacher shall be required, coerced, intimidated, or disciplined in any manner to change the grade of a student; to provide for an ethical violation reportable to the Professional Standards Commission; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.
SB 289. By Senator Whitehead, Sr. of the 24th:
A BILL to be entitled an Act to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to agriculture in general, so as to repeal Code Section 2-1-3, relating to Sunday sales of farm products, plants, and seed; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.

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SB 290. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 4 of Title 10, relating to leaf tobacco sales and storage, so as to repeal Code Section 104-114.1, relating to grading of leaf tobacco by the Agriculture Marketing Service and alternatives if graders are unavailable; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.
SB 291. By Senator Heath of the 31st:
A BILL to be entitled an Act 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 returns of real property and tangible personal property located on airports; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
SB 292. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 44-5-168 of the Official Code of Georgia Annotated, relating to adverse possession of mineral rights, so as to provide for the automatic reversion of mineral rights to the fee owner of the real property if the owner of the mineral rights has not worked or attempted to work the mineral rights nor paid any taxes due on such mineral rights for a period in the immediately preceding 20 years; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SB 293. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 43-18-41 of the Official Code of Georgia Annotated, relating to qualifications of embalmer and funeral director applicants, so as to authorize the State Board of Funeral Service to waive the requirement that applicants for funeral director licenses be licensed embalmers under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.

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SB 294. By Senators Pearson of the 51st and Miles of the 43rd:
A BILL to be entitled an Act to amend Code Section 12-6-24 of the Official Code of Georgia Annotated, relating to county and municipal regulation of timber harvesting, so as to provide for additional limitations regarding tree ordinances; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

SR 301. By Senators Shafer of the 48th, Rogers of the 21st, Staton of the 18th, Cagle of the 49th, Chance of the 16th and others:
A RESOLUTION urging the Congressional Delegation of the State of Georgia to work to pass social security personal retirement accounts; and for other purposes.
Referred to the Insurance and Labor Committee.

SR 302. By Senators Shafer of the 48th, Rogers of the 21st, Staton of the 18th, Cagle of the 49th, Weber of the 40th and others:
A RESOLUTION urging the Congressional Delegation of the State of Georgia to work to abolish the death tax permanently; and for other purposes.
Referred to the Finance Committee.

SR 303. By Senators Shafer of the 48th, Rogers of the 21st, Staton of the 18th, Cagle of the 49th, Weber of the 40th and others:
A RESOLUTION urging the United States Senators of the State of Georgia to support the Presidents nominees to the United States Supreme Court; and for other purposes.
Referred to the Judiciary Committee.

SR 304. By Senators Johnson of the 1st, Williams of the 19th and Kemp of the 46th: A RESOLUTION honoring the memory of Trooper Ronnie O'Neal and

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Georgia's troopers who have died in the line of duty and dedicating the Fallen Troopers Memorial Highway and the Trooper Ronnie O'Neal Overpass; and for other purposes.
Referred to the Transportation Committee.
SR 305. By Senators Johnson of the 1st and Chapman of the 3rd:
A RESOLUTION recognizing Mack Mattingly for his many contributions to the State of Georgia and dedicating a portion of I-95 in Glynn County as the "Mack Mattingly Highway"; and for other purposes.
Referred to the Transportation Committee.

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

HB 381. By Representatives Bridges of the 10th and Cummings of the 16th:
A BILL to be entitled an Act to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances, so as to make technical corrections of certain conflicting provisions; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
HB 460. By Representative Bridges of the 10th:
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 make numerous changes throughout said title to ensure that Georgias public retirement systems are in compliance with the federal Internal Revenue Code and regulations promulgated thereunder; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
HB 522. By Representatives Manning of the 32nd, Tumlin of the 38th, Setzler of the 35th, Johnson of the 37th and Ehrhart of the 36th:
A BILL to be entitled an Act to amend an Act creating the Cobb CountyMarietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p.

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5296), so as to amend certain provisions relating to the immunity of the authority; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 579. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Marion County, approved February 21, 1951 (Ga. L. 1951, p. 2880), as amended, so as to change the compensation of the chairperson and members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 581. By Representative Butler of the 18th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Bremen, approved December 30, 1898 (Ga. L. 1898, p. 136), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4406), so as to provide that the Bremen City Board of Education shall have sole authority to set, approve, and amend its budget; to provide taxing authority; to vest title of certain property in the board of education; to provide a joint review committee with the board of education and the board of commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 583. By Representative Mosley of the 178th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Patterson in the County of Pierce, approved April 9, 1981 (Ga. L. 1981, p. 4545), as amended, so as to reduce the number of members of the city council from six to five members; to provide for the time and manner of election of the mayor and council; to provide for the terms of the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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813

HB 585. By Representatives Houston of the 170th and Shaw of the 176th:
A BILL to be entitled an Act to create a board of elections and registration for Berrien 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 certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 587. By Representative Roberts of the 154th:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of Irwin County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 588. By Representative Roberts of the 154th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Irwin County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 590. By Representatives Fludd of the 66th, Lakly of the 72nd, Abdul-Salaam of the 74th, Jordan of the 77th and Yates of the 73rd:
A BILL to be entitled an Act to provide for a homestead exemption from City of Peachtree City ad valorem taxes for municipal purposes in the amount of $5,000.00 of the assessed value of the homestead for residents of that city who

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are 65 years of age or over and whose income does not exceed $30,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 595. By Representatives Millar of the 79th, Jacobs of the 80th, Drenner of the 86th, Chambers of the 81st, Henson of the 87th and others:
A BILL to be entitled an Act to provide for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 598. By Representatives Ray of the 136th and James of the 135th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Peach County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 599. By Representatives Ray of the 136th and James of the 135th:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of Peach County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 601. By Representatives Channell of the 116th and Fleming of the 117th:
A BILL to be entitled an Act to amend an Act providing an annual salary for the Wilkes County coroner, approved March 13, 1978 (Ga. L. 1978, p. 3121), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3919), so as to increase the salary of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 603. By Representative Channell of the 116th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Greensboro, approved March 16, 1978 (Ga. L. 1978, p. 3932), as amended, so as to annex certain property and land into the corporate limits of the City of Greensboro; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 612. By Representative Hudson of the 124th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Warren County shall be nonpartisan elections held at the time of certain general primary elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 615. By Representative McCall of the 30th:
A BILL to be entitled an Act to amend an Act providing for a Board of Commissioners for the County of Elbert, approved February 27, 1875 (Ga. L. 1875, p. 253), as amended, particularly by an Act approved September 5, 1991 (Ga. L. 1991 Ex Sess., p. 370), so as to change provisions relating to the election and powers of the chairperson of the board of commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HR 142. By Representatives Smith of the 131st, Smith of the 129th, Buckner of the 130th, Reece of the 11th, Crawford of the 127th and others:

A RESOLUTION requesting that the Committee on the Implementation of Textile Agreements approve the safeguard petitions filed by the United States textile industry; and for other purposes.

Referred to the Economic Development Committee.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 154 SB 254 SR 38

Do Pass Do Pass Do Pass

Respectfully submitted, Senator Hill of the 4th 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 203 HB 282 SB 194

Do Pass Do Pass Do Pass

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

Mr. President:

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

HB 197 Do Pass

SB 156

Do Pass

SB 123

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817

Do Pass by substitute

SR 294

Do Pass

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

Mr. President:

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

SB 43

Do Pass by substitute

Respectfully submitted, Senator Harp of the 29th District, Chairman

Mr. President:

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

SB 102 SB 174 SB 200

Do Pass

SB 225

Do Pass

Do Pass by substitute

SR 100

Do Pass

Do Pass

Respectfully submitted,

Senator Hudgens of the 47th District, Chairman

Mr. President:

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

SB 30 SB 135 SB 203

Do Pass Do Pass Do Pass by substitute

SB 238 SB 253

Do Pass by substitute Do Pass by substitute

Respectfully submitted, Senator Smith of the 52nd District, Chairman

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Mr. President:

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

SB 201 SB 206

Do Pass by substitute Do Pass by substitute

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

Mr. President:

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

SB 27 SB 28 SB 178 SB 226 SB 239

Do Pass by substitute

SB 255

Do Pass

Do Pass by substitute

SB 257

Do Pass

Do Pass

SB 259

Do Pass

Do Pass by substitute

SB 273

Do Pass

Do Pass

Respectfully submitted,

Senator Kemp of the 46th District, Chairman

Mr. President:

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

SB 214

Do Pass by substitute

Respectfully submitted, Senator Rogers of the 21st District, Chairman

Mr. President:

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

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819

SB 274 SR 298

Do Pass by substitute Do Pass as amended

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

Mr. President:

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

SR 124

Do Pass

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

Mr. President:

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

SB 216

Do Pass

Respectfully submitted, Senator Adelman of the 42nd District, Vice-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:

SB 182

Do Pass by substitute

Respectfully submitted, Senator Thomas of the 2nd District, Chairman

Mr. President:

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

HB 409 Do Pass

HB 413 Do Pass

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HB 410 HB 411 HB 412

Do Pass Do Pass Do Pass

HB 414 SB 15 SB 185

Do Pass Do Pass Do Pass

Respectfully submitted, Senator Wiles of the 37th District, Chairman

The following legislation was read the second time:

HB 155 HB 188

HB 319 SB 1

SB 74 SB 84

SB 136 SB 139

SB 161 SB 227

SB 230 SR 213

The members pledged allegiance to the flag.

Senator Zamarripa of the 36th introduced the chaplain of the day, Reverend Gary W. Charles of Atlanta, Georgia, who offered scripture reading and prayer.

Senator Stephens of the 27th asked unanimous consent that the call of the roll be dispensed with. The consent was granted, and the roll call was dispensed with.

Senator Brown of the 26th introduced the doctor of the day, Dr. Cyler Garner.

The following resolutions were read and adopted:

SR 306. By Senators Staton of the 18th and Tolleson of the 20th:

A RESOLUTION expressing regret at the passing of James S. Mason; and for other purposes.

SR 307. By Senators Butler of the 55th, Miles of the 43rd, Seay of the 34th, Thomas of the 2nd and Tate of the 38th:

A RESOLUTION commending The Links, Inc. and its Links Day at the Capitol; and for other purposes

SR 308. By Senators Wiles of the 37th, Rogers of the 21st, Hill of the 32nd, Shafer of the 48th, Chance of the 16th and others:

A RESOLUTION honoring the memory of Col. William G. Gustafson, USA (Ret.), and expressing regret at his passing; and for other purposes.

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821

SR 309. By Senators Jones of the 10th and Reed of the 35th:
A RESOLUTION commending the founding and achievements of the Stockbridge-Jonesboro Alumni Chapter of Kappa Alpha Psi Fraternity, Inc.; and for other purposes.
SR 310. By Senator Williams of the 19th:
A RESOLUTION honoring the First Baptist Church of Baxley on its 125th Anniversary; and for other purposes.
SR 311. By Senators Hamrick of the 30th, Seabaugh of the 28th and Seay of the 34th:
A RESOLUTION commending the Carrollton High School Competitive Cheerleading Squad and its coaches on their Class AAA State Championship; and for other purposes.
SR 312. By Senator Hooks of the 14th:
A RESOLUTION remembering and honoring the life of Mayor Augustus Pou "Gus" Persons III; and for other purposes.
SR 313. By Senator Tolleson of the 20th:
A RESOLUTION declaring Saturday, March 26, 2005, Georgia State Air Show Day at the Heart of Georgia Regional Airport in Eastman, Georgia; and for other purposes.
SR 314. By Senators Rogers of the 21st and Shafer of the 48th:
A RESOLUTION recognizing Health Care Decisions Week in Georgia; and for other purposes.
SR 315. By Senators Harp of the 29th and Smith of the 52nd:
A RESOLUTION recognizing and commending Beverly Padgett; and for other purposes.
SR 316. By Senators Harp of the 29th and Goggans of the 7th:
A RESOLUTION commending Candice Walker; and for other purposes.

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SR 317. By Senator Tate of the 38th:
A RESOLUTION commending Jeanne Scher as the Distinguished Senior Georgian for 2005; and for other purposes.
SR 318. By Senators Cagle of the 49th, Thomas of the 54th and Kemp of the 46th:
A RESOLUTION honoring the Georgia Family Council; and for other purposes.
SR 319. By Senator Mullis of the 53rd:
A RESOLUTION honoring and congratulating Mr. James Raymond Southerland and Mrs. Rachel Southerland on the occasion of their 50th wedding anniversary; and for other purposes.
SR 320. By Senators Shafer of the 48th, Zamarripa of the 36th, Thomas of the 54th, Harp of the 29th, Pearson of the 51st and others:
A RESOLUTION commending the American Red Cross and proclaiming March, 2005, American Red Cross Month; and for other purposes.
Senator Shafer of the 48th recognized representatives of the American Red Cross, commended by SR 320, adopted previously.
Senator Hamrick of the 30th asked unanimous consent that the following bill be withdrawn from the Senate Judiciary Committee and committed to the Senate State and Local Governmental Operations Committee:
SB 235. By Senators Hamrick of the 30th and Reed of the 35th:
A BILL to be entitled an Act to amend an Act to create a new judicial circuit for the State of Georgia, to be known as the Douglas Judicial Circuit, to be composed of the County of Douglas, approved March 20, 1980 (Ga. L. 1980, p. 563), as amended, so as to provide for the employment by the district attorney with the approval of the board of commissioners of certain personnel; to provide that investigators employed by the district attorney shall have the powers of peace officers and shall be qualified as peace officers; to provide for related matters; to provide for applicability and automatic termination of such provision; to repeal conflicting laws; and for other purposes.
The consent was granted, and SB 235 was committed to the Senate State and Local Governmental Operations Committee.

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Senator Williams of the 19th asked unanimous consent that Senator Bulloch of the 11th be excused. The consent was granted, and Senator Bulloch was excused.

Senator Rogers of the 21st asked unanimous consent that Senator Tolleson of the 20th be excused. The consent was granted, and Senator Tolleson 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, March 2, 2005 Twenty-sixth Legislative Day

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

SB 15

Thompson of the 5th Balfour of the 9th Weber of the 40th Henson of the 41st Unterman of the 45th Shafer of the 48th Butler of the 55th GWINNETT COUNTY

A BILL to be entitled an Act to authorize Gwinnett 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 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.

SB 185

Thompson of the 5th Balfour of the 9th Weber of the 40th Henson of the 41st Unterman of the 45th Shafer of the 48th Butler of the 55th GWINNETT JUDICIAL CIRCUIT

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A BILL to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4295), so as to change provisions relating to the salary supplements for the judges of the Gwinnett Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
Pearson of the 51st LUMPKIN COUNTY
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Lumpkin County, approved April 13, 2001 (Ga. L. 2001, p. 4272), as amended, so as to change certain provisions requiring sealed bids for certain purchases; to repeal conflicting laws; and for other purposes.
Pearson of the 51st LUMPKIN COUNTY
A BILL to be entitled an Act to amend an Act placing the tax commissioner of Lumpkin County upon an annual salary, approved April 3, 1972 (Ga. L. 1972, p. 3854), as amended, so as to change the provisions relating to the compensation of the tax commissioner; to repeal conflicting laws; and for other purposes.
Pearson of the 51st LUMPKIN COUNTY
A BILL to be entitled an Act to amend an Act placing the Clerk of the Superior Court and the Judge of the Probate Court of Lumpkin County upon an annual salary, approved April 3, 1972 (Ga. L. 1972, p. 3851), as amended, so as to change the provisions relating to the compensation of the clerk of the superior court and the judge of the probate court; to repeal conflicting laws; and for other purposes.
Pearson of the 51st LUMPKIN COUNTY
A BILL to be entitled an Act to amend an Act placing the Sheriff of Lumpkin County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2469), as amended, so as to change the provisions

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relating to the compensation of the sheriff; to repeal conflicting laws; and for other purposes.

HB 413

Pearson of the 51st LUMPKIN COUNTY

A BILL to be entitled an Act to authorize the Probate Court of Lumpkin County to charge a technology fee for each criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 414

Pearson of the 51st LUMPKIN COUNTY

A BILL to be entitled an Act to authorize the Magistrate Court of Lumpkin County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which said technology fees may be put; to provide for review and reports; to provide for adjustment of such fee; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown E Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick

Y Hill,Jack Y Hill,Judson
Hooks Y Hudgens
Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers

Y Smith Y Starr Y Staton
Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman Y Walker Y Weber Y Whitehead

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Y Harbison Y Harp Y Heath Y Henson

Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Wiles Y Williams Y Zamarripa

On the passage of the local legislation, the yeas were 51, nays 0.

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

SENATE RULES CALENDAR WEDNESDAY, MARCH 2, 2005 TWENTY-SIXTH LEGISLATIVE DAY

SB 122

Tire Disposal; extend collection of fees (Substitute)(NR&E-24th)

SB 209

Public Service Commission; change time period for issuance; gas supply plan (RI&Util-6th)

SB 91

Physically Impaired; audible access; authorize Public Service Commission; establish guidelines/ funding for system. (RI&Util-42nd)

SB 158

State Space Management Act; repeal; transfer duties, powers (Amendment)(SI&P-24th)

SB 119

Sponge Crabs; possess/offer for sale; postpone dates of certain provisions (NR&E-3rd)

SB 210

Public Service Commission; superior court filing; provide venue, judgement (RI&Util-6th)

SB 64

Law Enforcement Motor Vehicles; blue lights on roof; enforce requirement (Substitute)(PS&HS-17th)

Respectfully submitted,

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

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

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SB 122. By Senators Whitehead, Sr. of the 24th, Grant of the 25th and Cagle of the 49th:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management generally, so as to extend the collection of tire disposal fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate Natural Resources and the Environment Committee offered the following substitute to SB 122:
A BILL TO BE ENTITLED AN ACT
To amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to change certain provisions relating to general provisions relative to solid waste management; to change certain provisions relating to declaration of policy and legislative intent; to change certain provisions relating to definitions; to change certain provisions relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and inspection of solid waste generators; to change certain provisions local, multijurisdictional, or regional solid waste plans; to change certain provisions relating to limits on the number of solid waste facilities within a given area; to change certain provisions relating to tire disposal restrictions; to change certain provisions relating to yard trimming disposal restrictions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, is amended by striking subsection (a) of Code Section 12-8-21, relating to declaration of policy and legislative intent, and inserting in lieu thereof the following:
(a) It is declared to be the policy of the State of Georgia, in furtherance of its responsibility to protect the public health, safety, and well-being of its citizens and to protect and enhance the quality of its environment, to institute and maintain a comprehensive state-wide program for solid waste management which will and to prevent and abate litter, so as to assure that solid waste facilities, whether publicly or privately operated, do does not adversely affect the health, safety, and well-being of the public and that solid waste facilities, whether publicly or privately owned, do not degrade the quality of the environment by reason of their location, design, method of

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operation, or other means and which, to the extent feasible and practical, makes maximum utilization of the resources contained in solid waste.
SECTION 2. Said part is further amended by striking subsection (c) of Code Section 12-8-21, relating to declaration of policy and legislative intent, and inserting in lieu thereof the following:
(c) It is the intent of the General Assembly that every effort be undertaken to reduce on a state-wide per capita basis the amount of municipal solid waste being received at disposal facilities during fiscal year 1992 by 25 percent by July 1, 1996; provided, however, that counties and municipalities that establish an annual measurement of municipal solid waste being received at disposal facilities prior to the end of fiscal year 1992 shall be given credit for reductions achieved based on that measurement period prior to fiscal year 1992; provided, further, that municipal solid waste received at any waste to energy facility which was in operation on January 1, 1991, is exempted from this subsection.
SECTION 3. Said part is further amended in Code Section 12-8-22, relating to definitions, by inserting a new paragraph to read as follows:
(5.1) 'Construction or demolition waste' means waste building materials and rubble resulting from construction, remodeling, repair, or demolition operations on pavements, houses, commercial buildings, and other structures. Such waste includes but is not limited to waste containing asbestos, wood, bricks, metal, concrete, wallboard, paper, cardboard, and other nonputrescible wastes associated with construction and demolition activities which have a low potential for ground-water contamination. Inert waste landfill materials approved by the board for disposal in landfills permitted by rule and regulation are also included in this definition if disposed in a construction or demolition waste landfill.
SECTION 4. Said part is further amended by striking paragraph (12) of Code Section 12-8-22, relating to definitions, and inserting in lieu thereof the following:
(12) 'Hazardous constituent' means any substance listed as a hazardous constituent in regulations promulgated pursuant to the federal act by the administrator of the United States Environmental Protection Agency which are in force and effect on February 1, 1992 2004, codified as Appendix VIII to 40 C.F.R. Part 261 -- Identification and Listing of Hazardous Waste.
SECTION 5. Said part is further amended in Code Section 12-8-22, relating to definitions, by inserting a new paragraph to read as follows:
(15.1) 'Litter' has the meaning provided by Code Section 16-7-42.

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SECTION 6. Said part is further amended by striking paragraph (18) of Code Section 12-8-22, relating to definitions, and inserting in lieu thereof the following:
(18) 'Municipal solid waste' means any solid waste derived from households, including garbage, trash, and sanitary waste in septic tanks and means solid waste from single-family and multifamily residences, hotels and motels, bunkhouses, campgrounds, picnic grounds, and day use recreation areas. The term includes yard trimmings, construction or demolition waste, and commercial solid waste but does not include solid waste from mining, agricultural, or silvicultural operations or industrial processes or operations.
SECTION 7. Said part is further amended by striking paragraph (5) of subsection (e) of Code Section 12-8-24, relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and inspection of solid waste generators, and inserting in lieu thereof the following:
(5) Modifications for vertical expansions issued under this Code section may be restricted in duration, but in no case shall be effective beyond July 1, 1998, for municipal solid waste landfills not having liners and leachate collection systems, other than those landfills restricted to construction or demolition waste.
SECTION 8. Said part is further amended by striking subsection (g) of Code Section 12-8-24, relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and inspection of solid waste generators, and inserting in lieu thereof the following:
(g) Prior to the issuance of any permit for a solid waste handling facility or the granting of any major modification of an existing solid waste handling permit, the director shall require written verification to be furnished by the applicant that the proposed facility complies with local zoning or land use ordinances, if any; and after July 1, 1992, that the proposed facility is consistent with the local, multijurisdictional, or regional solid waste management plan developed in accordance with standards promulgated pursuant to this part subject to the provisions of Code Section 12-8-31.1 and that the host jurisdiction and all jurisdictions generating solid waste destined for the applicants facility can demonstrate that they are part of an approved solid waste plan developed in accordance with standards promulgated pursuant to this part and are actively involved in and have a strategy for meeting the state-wide goal of waste reduction by July 1, 1996. Upon receipt of a permit application, the director shall review the local, multijurisdictional, or regional solid waste management plan to determine if the permit application is fully consistent with the plan. If the director identifies an inconsistency between the permit and the plan, the director shall notify the applicant and shall not act further upon the application until such time as the application

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is revised and the director determines the application to be fully consistent with the plan. Prior to the issuance of any permit for a solid waste handling facility or the granting of any major modification of an existing solid waste handling permit that will handle solid waste from jurisdictions outside Georgia, the out-of-state solid waste generating jurisdictions shall provide documentation that they have a strategy for and are actively involved in meeting planning requirements and a waste reduction goal that are substantially equivalent to the planning requirements and waste reduction goal contained in this part.
SECTION 8A. Said part is further amended in Code Section 12-8-25.4, relating to limits on the number of solid waste facilities within a given area, by adding a new subsection to read as follows:
(f) Subsection (b) of this Code section shall not apply to any landfill restricted to construction or demolition waste which would otherwise be in compliance with any applicable local ordinances for land use and zoning.
SECTION 9. Said part is further amended by striking subsection (e) of Code Section 12-8-31.1, relating to local, multijurisdictional, or regional solid waste plans, and inserting in lieu thereof the following:
(e) After July 1, 1992, no No permit, grant, or loan shall be issued for any municipal solid waste disposal facility or any solid waste handling equipment or recycling equipment used in conjunction therewith in a county or region which is not consistent with a local, multijurisdictional, or regional solid waste management plan. Each application for a permit, grant, or loan issued after July 1, 1992, shall include the following:
(1) Certification that the facility for which a permit is sought complies with local land use and zoning requirements, if any; (2) Verification that the facility for which a permit is sought meets the ten-year capacity needs identified in the local, multijurisdictional, or regional solid waste management plan; and (3) Demonstration that the host jurisdiction and all jurisdictions generating solid waste destined for the applicants facility are part of an approved solid waste management plan developed in accordance with standards promulgated pursuant to this part, and are actively involved in, and have a strategy for, meeting the state-wide goal for reduction of solid waste disposal by July 1, 1996. Upon receipt of a permit application, the director shall review the local, multijurisdictional, or regional solid waste management plan to determine if the permit application is fully consistent with the plan. If the director identifies an inconsistency between the permit and the plan, the director shall notify the applicant and shall not act further upon the application until such time as the application is revised and the director

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determines the application to be fully consistent with the plan.
SECTION 10. Said part is further amended by striking subsection (c) of Code Section 12-8-37.1, relating to authorization for state grants, and inserting in lieu thereof the following:
(c) The corpus of the solid waste trust fund established in Code Section 12-8-27.1 may be used to make grants and loans to cities and counties, any combination of cities and counties, authorities, state agencies, or the Georgia Recycling Market Development Council for the cleanup of solid waste disposal facilities, including those used for the disposal of scrap tires; for the development and implementation of solid waste enforcement programs for the prevention and abatement of illegal dumping of solid waste, including without limitation the prevention and abatement of litter; for the funding of grants or loans, in accordance with procedures developed by the division; for the implementation of innovative technologies for the recycling and reuse of solid waste, including without limitation scrap tires; and for educational and other efforts to promote waste reduction, recycling, and recycling market development.
SECTION 11. Said part is further amended by striking paragraph (1) of subsection (c) of Code Section 12-8-40.1, relating to tire disposal restrictions, and inserting in lieu thereof the following:
(c)(1) No person shall collect or transport scrap tires for the purpose of processing or disposal, process scrap tires, or purport to be in the business of collecting or transporting collecting, transporting, or processing scrap tires unless the person has a scrap tire carrier or processor permit issued by the division. For purposes of this paragraph, the term 'process scrap tires' means any method, system, or other treatment designed to change the physical form, size, or chemical content of scrap tires for beneficial use.
SECTION 12. Said part is further amended by striking paragraph (3) of subsection (h) of Code Section 12-8-40.1, relating to tire disposal restrictions, and inserting in lieu thereof the following:
(3) The tire fees authorized in this subsection shall cease to be collected on June 30, 2005 2008. The director shall make an annual report to the House Committee on Natural Resources and the Environment and the Senate Natural Resources and Environment Committee regarding the status of the scrap tire program activities funded by the solid waste trust fund.
SECTION 13. Said part is further amended by striking subsection (k) of Code Section 12-8-40.1, relating to tire disposal restrictions, and inserting in lieu thereof the following:
(k) The director shall be authorized to order the cessation of operation of any scrap tire carrier or processor who is found not to be operating in compliance with this part or

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rules adopted pursuant to this part and the seizure of all property used in such unlawful operations; provided, however, that the scrap tire carrier or processor shall be afforded a hearing within 48 hours before an administrative law judge of the Department of Natural Resources upon such order of the director.
SECTION 14. Said part is further amended by striking subsection (l) of Code Section 12-8-40.1, relating to tire disposal restrictions, and inserting in lieu thereof the following:
(l)(1) A performance bond or letter of credit shall be provided to the director by a scrap tire carrier or processor prior to issuance of a permit for collecting or processing scrap tires to ensure compliance with the provisions of this part. (2) The bond or letter of credit required in this subsection shall be:
(A) Conditioned upon compliance with this part, any rules adopted pursuant to this part, and the carriers or processors permit; and (B) In such amount as determined by the director necessary to ensure compliance, but in any event not to exceed $10,000.00 in accordance with rules and regulations promulgated by the board to determine the appropriate amount of financial assurance. (3) Such performance bond or letter of credit shall be payable to the director and issued by an insurance company authorized to issue such bonds in this state or from a bank or other financial institution authorized to issue irrevocable letters of credit. (4) Upon a determination by the director that a scrap tire carrier or processor has failed to meet the provisions of this part, rules promulgated pursuant to this part, or its permit, the director may, after written notice of such failure: (A) Forfeit or draw that amount of such bond or letter of credit that the director determines necessary to correct the violation; (B) Expend such amount for such purposes; and (C) Require the replacement of that amount of such bond or letter of credit forfeited or drawn upon. (5) Any moneys received by the director in accordance with paragraph (4) of this subsection shall be deposited into the solid waste trust fund established in Code Section 12-8-27.1.
SECTION 15. Said part is further amended by striking subsection (a) of Code Section 12-8-40.2, relating to yard trimming disposal restrictions, and inserting in lieu thereof the following:
(a) Effective September 1, 1996, each Each city, county, or solid waste management authority shall impose restrictions on yard trimmings which are generated in or may ultimately be disposed of in its area of jurisdiction. These restrictions shall include but are not limited to:
(1) A requirement that yard trimmings not be placed in or mixed with municipal solid waste, except at landfills restricted to construction or demolition waste;

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(2) A ban on the disposal of yard trimmings at municipal solid waste disposal facilities having liners and leachate collection systems or requiring vertical expansion within its jurisdiction; (3) A requirement that yard trimmings be sorted and stored for collection in such a manner as to facilitate collection, composting, or other handling; and (4) A requirement that yard trimmings be sorted and stockpiled or chipped, composted, used as mulch, or otherwise beneficially reused or recycled to the maximum extent feasible.

SECTION 16. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 17. All laws and parts of laws in conflict with this Act are repealed.

Senators Fort of the 39th, Jones of the 10th, Tate of the 38th, Seay of the 34th, Brown of the 26th and others offered the following amendment #1:

Amend the Senate Natural Resources and the Environment Committee substitute to SB 122 (LC 25 4006S) by striking lines 8 and 9 of page 1 and inserting in lieu thereof the following: "multijurisdictional, or regional solid waste plans; to change certain provisions".

By striking Section 8A in its entirety.

On the adoption of the amendment, the yeas were 14, nays 24, and the Fort et al. amendment #1 was lost.

Senator Zamarripa of the 36th offered the following amendment #2:

Amend the Senate Natural Resources and the Environment Committee substitute to SB 122 by striking lines 21 and 22 of page 4 and inserting in lieu thereof the following:
(f) Subsection (b) of this Code section shall not apply to any closed landfill restricted to construction or demolition waste which has been permitted to reopen and which would otherwise be in compliance with any .

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

Y Adelman N Balfour Y Brown

N Hill,Jack N Hill,Judson
Hooks

N Smith Y Starr N Staton

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E Bulloch Y Butler N Cagle N Carter N Chance Y Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson N Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

N Stephens Y Stoner Y Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S E Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 21, nays 32, and the Zamarripa amendment #2 was lost.

Senator Grant of the 25th asked unanimous consent that Senator Hooks of the 14th be excused. The consent was granted, and Senator Hooks was excused.

On the adoption of the substitute, the yeas were 34, nays 4, and the committee substitute was adopted.

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

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

Y Adelman Y Balfour N Brown E Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson

Y Smith Y Starr Y Staton Y Stephens Y Stoner N Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman

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Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath N Henson

Y Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

N Walker Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 42, nays 11.

SB 122, having received the requisite constitutional majority, was passed by substitute.

Senator Thompson of the 33rd gave notice that at the proper time he would move that the Senate reconsider its action on SB 122.

SB 209. By Senators Stoner of the 6th, Butler of the 55th, Pearson of the 51st and Hill of the 32nd:

A BILL to be entitled an Act to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to change the time period for issuance of a commission order after a hearing regarding a gas supply plan and adjustment factors filed by a gas utility; to repeal conflicting laws, and for other purposes.

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

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

Y Adelman Y Balfour Y Brown E Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman Y Walker Y Weber

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Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Whitehead Y Wiles Y Williams Y Zamarripa

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

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

Senator Smith of the 52nd asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.

Senator Seabaugh of the 28th asked unanimous consent that Senator Shafer of the 48th be excused. The consent was granted, and Senator Shafer was excused.

SB 91. By Senators Adelman of the 42nd and Williams of the 19th:

A BILL to be entitled an Act to amend Part 1A of Article 2 of Chapter 5 of Title 46 of the O.C.G.A., relating to the telephone system for the physically impaired, so as to provide for the establishment of a state-wide telecommunication system capable of providing audible universal information access services to blind and print disabled citizens; to authorize the Public Service Commission to contract for the administration and operation of such system; to provide for the use of a portion of the monthly maintenance surcharge to be used to fund such system; to provide for immunity for the commission and for the providers of such system; to set a date for the beginning operation of such system; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown E Bulloch Y Butler Y Cagle Y Carter Y Chance

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate
Thomas,D Y Thomas,R

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Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Miles Y Moody
Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Thompson,C Y Thompson,S E Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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

SB 91, having received the requisite constitutional majority, was passed.

Senator Mullis of the 53rd asked unanimous consent that Senator Cagle of the 49th be excused. The consent was granted, and Senator Cagle was excused.

SB 158. By Senators Whitehead, Sr. of the 24th, Chapman of the 3rd, Grant of the 25th, Seabaugh of the 28th, Chance of the 16th and others:

A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the comprehensive revision of provisions regarding state property; to provide for consolidation and effective management of the rental of administrative space and the acquisition, use, and disposition of real property by the state and state authorities; to repeal Article 2 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, the "State Space Management Act of 1976"; to repeal Article 6 of Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to inventory of state buildings; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to repeal certain provisions regarding the lease of property; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate State Institutions and Property Committee offered the following amendment:

Amend SB 158 by inserting between "property;" and "to" on line 22 of page 1 the following:
to amend Code Section 50-16-43 of the Official Code of Georgia Annotated, relating to leasing of state owned lands, so as to change a cross-reference;

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By striking from lines 34 and 35 of page 15 the following: or resolution of the General Assembly, all state agencies entities shall acquire real property through the commission.
and inserting in it place the following: or resolution of the General Assembly, and except as otherwise provided by law, and except as otherwise required by the nature of the transaction conveying real property to the state or any entity thereof: (1) All all state agencies entities shall acquire real property through the commission; and (2) The title to all real property acquired shall be in the name of the state; but the conveyance shall have written or printed in the upper right-hand corner of the initial page thereof the name of the state entity for which acquired who is the custodian thereof.
By striking from lines 30 through 35 of page 21 the following: (1) Except as otherwise provided by law and except as otherwise required by the nature of the transaction conveying real property to the state or any department thereof state entity, the title to all real property acquired shall be in the name of the state; but the conveyance shall have written or printed thereon in the upper right-hand corner of the initial page thereof the name of the department state entity for which acquired who is the custodian thereof;
and inserting in its place the following: (1) Except as otherwise provided by law and except as otherwise required by the nature of the transaction conveying real property to the state or any department thereof, the title to all real property acquired shall be in the name of the state; but the conveyance shall have written or printed thereon in the upper right-hand corner of the initial page thereof the name of the department for which acquired who is the custodian thereof;
By striking "(2)" and inserting in its place "(2) (1)" on line 1 of page 22.
By striking "department" and inserting in its place "department state entity" on line 12 of page 22.
By striking "(3)" and inserting in its place "(3)(2)" on line 14 of page 22.
By striking "department" and inserting in its place "department state entity" on line 26 of page 22.
By striking "(4)" and inserting in its place "(4)(3)" on line 28 of page 22.
By striking "(5)" and inserting in its place "(5)(4)" on line 14 of page 23.

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By adding at the end of page 24 the following:

SECTION 16A. Code Section 50-16-43 of the Official Code of Georgia Annotated, relating to leasing of state owned lands, is amended by striking paragraph (1) of subsection (j) and inserting in its place a new paragraph (1) to read as follows:
'(1) A written request for a lease and a locational, dimensional, and directional sketch or a plat of survey of the proposed lease premises, prepared at the sole cost and expense of the person requesting the lease, in form and content acceptable to and approved by the commission, and showing and describing thereon the lease premises of the lease, must be received by the commission detailing therein the reason and all the particulars for the request and outlining the purpose and use to be made of any and all products derived from such dredging. If a sketch is submitted to and is approved and accepted by the commission, paragraph (4) (3) of subsection (b) of Code Section 50-16-122, relating to the requirement of the filing with the Secretary of State of a plat of survey with a conveyance disposing of real property, shall be relaxed; and the Secretary of State in such a transaction shall accept in lieu of the required plat of survey the sketch which was approved and accepted by the commission;'

On the adoption of the amendment, the yeas were 36, nays 1, 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
Brown E Bulloch
Butler E Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles

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Y Harp Y Heath Y Henson

Y Seabaugh Y Seay E Shafer,D

Y Williams Y Zamarripa

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

SB 158, having received the requisite constitutional majority, was passed as amended.

Senator Stoner of the 6th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused.

SB 119. By Senators Chapman of the 3rd, Thomas of the 2nd, Johnson of the 1st, Tolleson of the 20th and Hill of the 4th:

A BILL to be entitled an Act to amend Code Section 27-4-150 of the Official Code of Georgia, relating to taking, possessing, and dealing in crabs and peelers and related record requirements, so as to postpone the date of an automatic repeal of certain provisions related to sponge crabs; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown E Bulloch Y Butler E Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles

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Y Harp Y Heath Y Henson

Y Seabaugh Y Seay E Shafer,D

Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

SB 119, having received the requisite constitutional majority, was passed.

SB 210. By Senators Stoner of the 6th, Hill of the 32nd, Shafer of the 48th and Butler of the 55th:

A BILL to be entitled an Act to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to provide for superior court filing of certain commission orders; to provide for venue, judgment, and effect of judgment; to repeal conflicting laws, and for other purposes.

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

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

Y Adelman Y Balfour Y Brown E Bulloch Y Butler E Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh
Seay E Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

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SB 210, having received the requisite constitutional majority, was passed.
SB 64. By Senator Douglas of the 17th:
A BILL to be entitled an Act to amend Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, so as to repeal the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate Public Safety and Homeland Security Committee offered the following substitute to SB 64:
A BILL TO BE ENTITLED AN ACT
To amend Chapters 1 and 8 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, and equipment of motor vehicles, respectively, so as to repeal the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles; to provide that motor vehicles used by employees of the Department of Public Safety for enforcing the traffic laws shall be equipped with one or more colored lights on the vehicle visible for a specified distance; 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 provisions relative to motor vehicles and traffic, is amended by striking Code Section 401-7, relating to the placement of blue lights on the roof of traffic law enforcement vehicles, in its entirety and inserting in lieu thereof the following:
40-1-7. Whenever pursuing a person in violation of a traffic related offense, a uniformed law enforcement officer who is assigned routinely or primarily to traffic law enforcement or other traffic safety duties on the roadways or highways of this state must place a visible blue light on the roof of his or her vehicle if such vehicle is not equipped with permanent roof mount blue lights; provided, however, that the provisions of this Code section shall not apply to law enforcement officers operating vehicles manufactured prior to 2001. This Code section shall not apply to any officer assigned to special operations activities or responding to an immediate threat to public safety as a result of an accident or other emergency. An otherwise lawful arrest shall not be invalidated or in any manner affected by failure to comply with this Code section Reserved.

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843

SECTION 2. Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of motor vehicles, is amended by striking Code Section 40-8-91, relating to the marking and equipment of law enforcement vehicles, in its entirety and by replacing the same as follows:
40-8-91.
(a) Except as provided in subsection (b) of this Code section, any motor vehicle which is used on official business by any person authorized to make arrests for traffic violations in this state, or any municipality or county thereof, shall be distinctly marked on each side and the back with the name of the agency responsible therefor, in letters not less than four inches in height. (b) Any motor vehicle, except as hereinafter provided in this subsection, used by any employee of the Department of Public Safety for the purpose of enforcing the traffic laws of this state shall be distinctly painted, marked, and equipped in such manner as shall be prescribed by the commissioner of public safety pursuant to this Code section. The commissioner in prescribing the manner in which such vehicles shall be painted, marked, or equipped shall:
(1) Require that all such motor vehicles be painted in a two-toned uniform color. The hood, top, and the top area not to exceed 12 inches below the bottom of the window opening thereof shall be a light gray color and the remaining portion of said motor vehicle shall be painted a dark blue color; (2) Require that any such motor vehicle be equipped with at least one lamp one or more lamps which when lighted shall display a flashing or revolving colored light or lights visible under normal atmospheric conditions for a distance of 500 feet from the front and rear of such vehicle; and (3) Require that any such motor vehicle shall be distinctly marked on each side and the back thereof with the wording 'State Patrol' in letters not less than six inches in height of a contrasting color from the background color of the motor vehicle. Notwithstanding the above provisions, it shall be permissible for the commissioner to allow not more than two motor vehicles per State Patrol post to be employed in traffic law enforcement which are painted any solid color designated by the commissioner and marked with 'State Patrol' in six inch high letters of a contrasting color. (c) It shall be unlawful for any person, except persons lawfully entitled to own vehicles for law enforcement purposes, to paint, mark, or equip any motor vehicle in the same manner prescribed by this Code section or by the commissioner for law enforcement vehicles. (d) When a law enforcement vehicle is disposed of, or is not in use for law enforcement, the lettering and colored lights must be removed. Any person using such vehicle for personal use prior to removing colored lights and lettering shall be guilty of
a misdemeanor.

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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 Douglas of the 17th asked unanimous consent that SB 64 be placed on the Table. The consent was granted, and SB 64 was placed on the Table.

Senator Smith of the 52nd asked unanimous consent that the Order of Business be changed to allow a committee report to be read on SB 94.

The consent was granted and the Order of Business was changed.

The following committee report was read by the Secretary:

Mr. President:

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

SB 94

Do Pass

Respectfully submitted, Senator Smith of the 52nd District, Chairman

Senator Stephens of the 27th moved that the Senate adjourn until 9:00 a.m. Thursday, March 3, 2005.

The motion prevailed, and the President announced the Senate adjourned at 4:04 p.m.

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845

Senate Chamber, Atlanta, Georgia Thursday, March 3, 2005
Twenty-seventh Legislative Day
The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
Senator Thompson of the 33rd moved that the Senate reconsider its action in passing the following bill:
SB 122. By Senators Whitehead, Sr. of the 24th, Grant of the 25th and Cagle of the 49th:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management generally, so as to extend the collection of tire disposal fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senator Thompson of the 33rd asked unanimous consent to withdraw his motion that the Senate reconsider its action in passing SB 122.
The consent was granted and the motion to reconsider was withdrawn.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following Bills of the House:
HB 183. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend Code Section 45-7-54 of the Official Code of Georgia Annotated, relating to government employees payroll

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HB 207. HB 240. HB 279. HB 301.

deductions for certain not for profit organizations, so as to provide for deductions for certain additional types of organizations and by certain additional types of employees; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representative Rogers of the 26th:
A BILL to be entitled an Act to amend Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions relative to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to revise a definition; to provide an exception to plumbing licensure requirements; to repeal conflicting laws; and for other purposes.
By Representatives Day of the 163rd, Neal of the 1st and Horne of the 71st:
A BILL to be entitled an Act to amend Code Section 45-9-104 of the Official Code of Georgia Annotated, relating to submission of applications for claims for disability of a law enforcement officer or firefighter, so as to provide that claims for temporary disability shall be submitted within 60 days of the incident resulting in the disability; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Floyd of the 147th, Roberts of the 154th, Royal of the 171st, Crawford of the 127th, James of the 135th and others:
A BILL to be entitled an Act to amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to weight of vehicle and load, so as to change certain provisions relating to weight limitations for certain types of vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representatives Warren of the 122nd, Harbin of the 118th and Jenkins of the 8th:
A BILL to be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to taking fish generally; to change certain provisions relating to spearing of fish; to authorize the taking of fish by grabbling, by noodling, or by hand under certain conditions; to provide penalties for violations; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 3, 2005

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HB 309. HB 406. HB 444. HB 459.

By Representatives Forster of the 3rd, Rynders of the 152nd, Cooper of the 41st, Hembree of the 67th, Burmeister of the 119th and others:
A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, Code Section 44-5-150 of the Official Code of Georgia Annotated, relating to the duties of the Advisory Board on Anatomical Gift Procurement, and Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to correct the names of committees of the General Assembly; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Willard of the 49th and Oliver of the 83rd:
A BILL to be entitled an Act to amend Article 10 of Chapter 12 of Title 53 of the O.C.G.A., relating to allocation of principal and income, so as to change provisions relating to the duty of the trustee as to receipts and expenditures; to provide for general principles relating to the allocation of principal and income; to provide for the discretionary power of a trustee to adjust the trust receipts between principal and income; to provide for requirements and prohibitions in adjustments; to provide for the criteria and procedure for conversion to a unitrust; to provide for judicially approved conversion; to provide for requirements and prohibitions in conversions; to provide for remedies; to correct a cross-reference; to amend Article 9 of Chapter 12 of Title 53 of the O.C.G.A., relating to trustees duties and liabilities; to amend Code Section 15-9-127 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representatives Graves of the 137th, Rogers of the 26th, Harbin of the 118th and Hembree of the 67th:
A BILL to be entitled an Act to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to change the 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 repeal conflicting laws; and for other purposes.
By Representative Bridges of the 10th:
A BILL to be entitled an Act to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees Retirement System

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HB 467. HB 570. HB 610.

of Georgia, so as to provide that a member of such retirement system seeking a disability retirement shall make written application to the board of trustees; to provide that the board of trustees may request relevant information from a disability beneficiary; to provide a penalty for failure to provide such information; to provide for a reduction in disability allowance if the disability beneficiary is found to be earning more than the difference between the disability allowance and the earnable compensation used to calculate such allowance; to repeal conflicting laws; and for other purposes.
By Representatives Heard of the 104th, Franklin of the 43rd, Graves of the 12th, Morgan of the 39th and Cheokas of the 134th:
A BILL to be entitled an Act to amend Code Section 26-2-373 of the Official Code of Georgia Annotated, relating to promulgation of rules, regulations, and standards by the Department of Human Resources and county boards of health, so as to require additional standards on certain matters; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representatives Scott of the 2nd, Fleming of the 117th, Murphy of the 120th, Day of the 163rd, Smyre of the 132nd and others:
A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the comprehensive regulation of interlocal agreements; to provide for a short title; to provide for legislative purposes; to provide for definitions; to provide for procedures, conditions, and limitations with respect to such agreements; to provide for the status of such agreements; to provide for approval or disapproval of such agreements; to provide for funding, property, personnel, and services; to provide for the cumulative nature of such agreements; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Borders of the 175th, Black of the 174th, Royal of the 171st, Shaw of the 176th, Keown of the 173rd and others:
A BILL to be entitled an Act to amend an Act providing for a supplement to the compensation of the judges of the superior courts of the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended, particularly by an Act approved April 4, 1996 (Ga. L. 1996, p. 4105), so as to increase the amount of such supplement; to provide for the payment of such supplement in specified amounts by the counties comprising the circuit; to repeal conflicting laws; and for other purposes.

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HB 614. HB 616. HB 618. HB 619. HB 623.

By Representatives Miller of the 106th, Cox of the 102nd, Sheldon of the 105th, Casas of the 103rd, Heard of the 104th and others:
A BILL to be entitled an Act to amend an Act creating the Recorders Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4183), so as to change provisions relating to the qualifications of assistant solicitors; to repeal conflicting laws; and for other purposes.
By Representative Black of the 174th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Echols County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representative Fleming of the 117th:
A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Lincoln County, approved April 4, 1996 (Ga. L. 1996, p. 4210), as amended, so as to provide for the appointment of the members of such board; to repeal conflicting laws; and for other purposes.
By Representative Fleming of the 117th:
A BILL to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Lincoln, approved February 25, 1949 (Ga. L. 1949, p. 1228), so as to provide for the determination of a fiscal year by the board of commissioners; to provide for an audit in accordance with law; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representative Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act creating the Marion County Board of Elections and Registration, approved June 3, 2003 (Ga. L. 2003, p. 4474), so as to change the provisions relating to meetings of the board; to change the provisions relating to compensation of the members of the board; to repeal conflicting laws; and for other purposes.

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HB 624. HB 628. HB 632. HB 633. HB 635.

By Representative Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Marion County, approved February 21, 1951 (Ga. L. 1951, p. 2880), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4117), so as to correct the date for the election of one member of the board; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
By Representatives Hanner of the 148th and Rynders of the 152nd:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Lee County, approved August 6, 1921 (Ga. L. 1921, p. 517), as amended, so as to change certain provisions regarding qualifications of members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
By Representative Lane of the 158th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Pembroke, approved March 28, 1985 (Ga. L. 1985, p. 4846), as amended, so as to revise Section 26 of Article III of such Act; to change certain provisions relating to building permits; to repeal conflicting laws; and for other purposes.
By Representatives Lucas of the 139th, Randall of the 138th, Freeman of the 140th, Graves of the 137th and Ray of the 136th:
A BILL to be entitled an Act to abolish the office of elected county surveyor of Bibb County pursuant to Code Section 36-7-2.1 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representatives Mumford of the 95th, Mangham of the 94th, Stephenson of the 92nd and Sailor of the 93rd:
A BILL to be entitled an Act to amend an Act relating to the Rockdale Judicial Circuit and the judges thereof, approved March 27, 1991 (Ga. L. 1991, p. 276), so as to make certain provisions for the court reporter or court reporters for the judicial circuit; to provide that the court reporter or court reporters for the circuit shall receive a stated salary in lieu of per diem

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compensation; to provide for conformity with other provisions of law and rules; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

SB 125.

By Senators Mullis of the 53rd, Rogers of the 21st, Zamarripa of the 36th, Whitehead, Sr. of the 24th, Stephens of the 27th and others:

A BILL to be entitled an Act to amend Titles 50 and 12 of the O.C.G.A., relating respectively to state government and conservation and natural resources; to promote tourism through a state-wide tourism marketing program and a more focused administrative structure; to provide for implementation and for coordination of other agencies by the Department of Economic Development; to provide corresponding amendments to powers of the Board of Economic Development; to provide for a Georgia Tourism Foundation and the solicitation and disbursement of contributions; to transfer the assignment for administrative purposes of certain venues and authorities with tourism roles to the Department of Economic Development; to provide for appointment of the board of the Music Hall of Fame Authority; to provide for an effective date; to repeal conflicting laws, and for related purposes.

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

HR 392. By Representative Keen of the 179th:

A RESOLUTION relative to adjournment; and for other purposes.

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

SB 295. By Senator Williams of the 19th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Jeff Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of

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subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 296. By Senators Golden of the 8th, Hooks of the 14th and Stoner of the 6th:
A BILL to be entitled an Act to amend Code Section 45-12-93 of the Official Code of Georgia Annotated, relating to revenue shortfall reserve, so as to increase the amount of funds that may be set aside in the revenue shortfall reserve account; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Appropriations Committee.
SB 297. By Senator Grant of the 25th:
A BILL to be entitled an Act to provide that future elections for the office of judge of the probate court of Baldwin County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 298. By Senators Shafer of the 48th, Hudgens of the 47th, Thomas of the 54th, Unterman of the 45th, Williams of the 19th and others:
A BILL to be entitled an Act to provide a short title; to provide for legislative findings; to amend Code Section 33-24-10.1 of the Official Code of Georgia Annotated, relating to standard or uniform claim form, so as to provide a definition; to authorize the Commissioner of Insurance to establish by rule or regulation a standard or uniform explanation of benefits form relating to certain health insurance policies and contracts; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 299. By Senator Goggans of the 7th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Patterson in the County of Pierce, approved April 9, 1981 (Ga. L. 1981,

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p. 4545), as amended, so as to reduce the number of members of the city council from six to five members; to provide for the time and manner of election of the mayor and council; to provide for the terms of the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 300. By Senators Rogers of the 21st, Stoner of the 6th, Wiles of the 37th and Hill of the 32nd:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4519), so as to change the provisions relating to the compensation of the chairperson and the other commissioners of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 301. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to provide for a technology fee to be collected in certain courts; to provide for the uses of said technology fee; to provide for technology boards in each judicial circuit; to provide an effective date; to provide for a repealer; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 302. By Senators Powell of the 23rd and Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from Code Section 16-11126, relating to carrying a concealed weapon; Code Section 16-11-127, relating to carrying deadly weapons to or at public gatherings; Code Section 16-11127.1, relating to carrying weapons within school safety zones, at school functions, or on school property; and 16-11-128, relating to carrying a pistol

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without a license, so as to provide that such Code sections shall not apply to the carrying of a handgun in a motor vehicle; to repeal conflicting laws; and for other purposes
Referred to the Public Safety and Homeland Security Committee.

SB 303. By Senators Powell of the 23rd, Walker of the 22nd, Jones of the 10th and Johnson of the 1st:
A BILL to be entitled an Act to amend Code Section 51-2-3, relating to liability for malicious acts of minor children, so as to provide for liability of a parent or guardian for malicious acts of minor children with regard to reasonable costs incurred by a school system and law enforcement agency; to provide for a limitation on such liability; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.

SB 304. By Senators Mullis of the 53rd and Thomas of the 54th:
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 requirements for the treatment of patients with end stage renal disease; to provide a short title; to provide for definitions; to provide requirements for registered nurses who provide treatment to patients with end stage renal disease; to provide for training requirements for registered nurses who provide treatment to patients with end stage renal disease; to provide for an independent review by the Kidney Disease Advisory Committee to assess the training and common practices of acute hospital based and free standing dialysis facilities and to make recommendations regarding the safety of patients with end stage renal disease; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

SB 305. By Senators Butler of the 55th, Stoner of the 6th, Golden of the 8th, Tate of the 38th, Brown of the 26th and others:
A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related

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to minors generally, so as to change certain provisions relating to computer pornography and child exploitation prevention; to remove an unnecessary cross reference; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.
SB 306. By Senators Hamrick of the 30th and Harp of the 29th:
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 hospital and nursing home liens, so as to change notice and filing provisions with respect to certain liens; to change a provision relating to the effect of release or covenant not to sue on hospitals and other medical provider liens; to change a provision relating to the effect of this part on a settlement or release entered into before entry into a hospital, nursing home, or traumatic burn care medical facility; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 307. By Senator Rogers of the 21st:
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 repeal Chapter 16, relating to establishment of county historical containers in the office of the probate judge upon the recommendation of two successive grand juries; to provide that this Act shall not preclude the maintenance of any existing historical container; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
SB 308. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, so as to provide definitions; to provide for certain powers and functions of the Georgia Firefighter Standards and Training Council with regard to airport firefighters; to provide for certain training for airport firefighters; to repeal Article 2 of such chapter, relating to airport firefighters; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

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SR 325. By Senators Miles of the 43rd, Jones of the 10th, Butler of the 55th, Henson of the 41st and Thompson of the 5th:
A RESOLUTION urging the State of Georgia to appropriate funds necessary for closure and post-closure care at the Scales Road Landfill in DeKalb County and for compensation of Mr. James Clark; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

SR 326. By Senators Schaefer of the 50th, Williams of the 19th, Hill of the 32nd, Stephens of the 27th, Pearson of the 51st and others:
A RESOLUTION encouraging support for the display of the Ten Commandments as a Constitutional acknowledgment of God by local governments and the State of Georgia; and for other purposes.
Referred to the Rules Committee.

SR 332. By Senator Cagle of the 49th:
A RESOLUTION proposing an amendment to the Constitution so as to establish a $25,000.00 maximum on the amount of ad valorem property tax that may be levied on single-family residential homestead property that is actually occupied and used as the primary residence by the owner; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Finance Committee.

SR 333. By Senators Brown of the 26th, Golden of the 8th, Seay of the 34th, Tate of the 38th, Thomas of the 2nd and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that state and local government records shall be available to any person for inspection and copying and that meetings of state and local government bodies shall be open to the public, except as otherwise provided by law under certain conditions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Rules Committee.

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SR 334. By Senators Hill of the 4th, Johnson of the 1st, Tolleson of the 20th, Bulloch of the 11th, Staton of the 18th and others:
A RESOLUTION urging private persons to make financial contributions to the Georgia National Guard Family Support Foundation, Inc.; and for other purposes.
Referred to the Appropriations Committee.
The following House legislation was read the first time and referred to committee:
HB 183. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend Code Section 45-7-54 of the Official Code of Georgia Annotated, relating to government employees payroll deductions for certain not for profit organizations, so as to provide for deductions for certain additional types of organizations and by certain additional types of employees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
HB 207. By Representative Rogers of the 26th:
A BILL to be entitled an Act to amend Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions relative to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to revise a definition; to provide an exception to plumbing licensure requirements; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
HB 240. By Representatives Day of the 163rd, Neal of the 1st and Horne of the 71st:
A BILL to be entitled an Act to amend Code Section 45-9-104 of the Official Code of Georgia Annotated, relating to submission of applications for claims for disability of a law enforcement officer or firefighter, so as to provide that claims for temporary disability shall be submitted within 60 days of the incident resulting in the disability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

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HB 279. By Representatives Floyd of the 147th, Roberts of the 154th, Royal of the 171st, Crawford of the 127th, James of the 135th and others:
A BILL to be entitled an Act to amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to weight of vehicle and load, so as to change certain provisions relating to weight limitations for certain types of vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.
HB 301. By Representatives Warren of the 122nd, Harbin of the 118th and Jenkins of the 8th:
A BILL to be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to taking fish generally; to change certain provisions relating to spearing of fish; to authorize the taking of fish by grabbling, by noodling, or by hand under certain conditions; to provide penalties for violations; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
HB 309. By Representatives Forster of the 3rd, Rynders of the 152nd, Cooper of the 41st, Hembree of the 67th, Burmeister of the 119th and others:
A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, Code Section 44-5-150 of the Official Code of Georgia Annotated, relating to the duties of the Advisory Board on Anatomical Gift Procurement, and Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to correct the names of committees of the General Assembly; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
HB 406. By Representatives Willard of the 49th and Oliver of the 83rd:
A BILL to be entitled an Act to amend Article 10 of Chapter 12 of Title 53 of the O.C.G.A., relating to allocation of principal and income, so as to change provisions relating to the duty of the trustee as to receipts and expenditures; to provide for general principles relating to the allocation of principal and income; to provide for the discretionary power of a trustee to adjust the trust

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receipts between principal and income; to provide for requirements and prohibitions in adjustments; to provide for the criteria and procedure for conversion to a unitrust; to provide for judicially approved conversion; to provide for requirements and prohibitions in conversions; to provide for remedies; to correct a cross-reference; to amend Article 9 of Chapter 12 of Title 53 of the O.C.G.A., relating to trustees duties and liabilities; to amend Code Section 15-9-127 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 444. By Representatives Graves of the 137th, Rogers of the 26th, Harbin of the 118th and Hembree of the 67th:
A BILL to be entitled an Act to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to change the 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 repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
HB 459. By Representative Bridges of the 10th:
A BILL to be entitled an Act 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 of such retirement system seeking a disability retirement shall make written application to the board of trustees; to provide that the board of trustees may request relevant information from a disability beneficiary; to provide a penalty for failure to provide such information; to provide for a reduction in disability allowance if the disability beneficiary is found to be earning more than the difference between the disability allowance and the earnable compensation used to calculate such allowance; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
HB 467. By Representatives Heard of the 104th, Franklin of the 43rd, Graves of the 12th, Morgan of the 39th and Cheokas of the 134th:
A BILL to be entitled an Act to amend Code Section 26-2-373 of the Official

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Code of Georgia Annotated, relating to promulgation of rules, regulations, and standards by the Department of Human Resources and county boards of health, so as to require additional standards on certain matters; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

HB 570. By Representatives Scott of the 2nd, Fleming of the 117th, Murphy of the 120th, Day of the 163rd, Smyre of the 132nd and others:
A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the comprehensive regulation of interlocal agreements; to provide for a short title; to provide for legislative purposes; to provide for definitions; to provide for procedures, conditions, and limitations with respect to such agreements; to provide for the status of such agreements; to provide for approval or disapproval of such agreements; to provide for funding, property, personnel, and services; to provide for the cumulative nature of such agreements; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

HB 610. By Representatives Borders of the 175th, Black of the 174th, Royal of the 171st, Shaw of the 176th, Keown of the 173rd and others:
A BILL to be entitled an Act to amend an Act providing for a supplement to the compensation of the judges of the superior courts of the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended, particularly by an Act approved April 4, 1996 (Ga. L. 1996, p. 4105), so as to increase the amount of such supplement; to provide for the payment of such supplement in specified amounts by the counties comprising the circuit; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 614. By Representatives Miller of the 106th, Cox of the 102nd, Sheldon of the 105th, Casas of the 103rd, Heard of the 104th and others:
A BILL to be entitled an Act to amend an Act creating the Recorders Court of

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Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4183), so as to change provisions relating to the qualifications of assistant solicitors; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 616. By Representative Black of the 174th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Echols County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 618. By Representative Fleming of the 117th:
A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Lincoln County, approved April 4, 1996 (Ga. L. 1996, p. 4210), as amended, so as to provide for the appointment of the members of such board; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 619. By Representative Fleming of the 117th:
A BILL to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Lincoln, approved February 25, 1949 (Ga. L. 1949, p. 1228), so as to provide for the determination of a fiscal year by the board of commissioners; to provide for an audit in accordance with law; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 623. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act creating the Marion County Board of Elections and Registration, approved June 3, 2003 (Ga. L. 2003, p. 4474), so as to change the provisions relating to meetings of the board; to change the provisions relating to compensation of the members of the board; to

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repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee.

HB 624. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Marion County, approved February 21, 1951 (Ga. L. 1951, p. 2880), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4117), so as to correct the date for the election of one member of the board; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 628. By Representatives Hanner of the 148th and Rynders of the 152nd:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Lee County, approved August 6, 1921 (Ga. L. 1921, p. 517), as amended, so as to change certain provisions regarding qualifications of members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 632. By Representative Lane of the 158th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Pembroke, approved March 28, 1985 (Ga. L. 1985, p. 4846), as amended, so as to revise Section 26 of Article III of such Act; to change certain provisions relating to building permits; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

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HB 633. By Representatives Lucas of the 139th, Randall of the 138th, Freeman of the 140th, Graves of the 137th and Ray of the 136th:
A BILL to be entitled an Act to abolish the office of elected county surveyor of Bibb County pursuant to Code Section 36-7-2.1 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 635. By Representatives Mumford of the 95th, Mangham of the 94th, Stephenson of the 92nd and Sailor of the 93rd:
A BILL to be entitled an Act to amend an Act relating to the Rockdale Judicial Circuit and the judges thereof, approved March 27,1991 (Ga. L. 1991, p. 276), so as to make certain provisions for the court reporter or court reporters for the judicial circuit; to provide that the court reporter or court reporters for the circuit shall receive a stated salary in lieu of per diem compensation; to provide for conformity with other provisions of law and rules; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 98 SB 272

Do Pass Do Pass

Respectfully submitted, Senator Moody of the 56th District, Chairman

Mr. President:

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

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HB 272 Do Pass

Respectfully submitted, Senator Harp of the 29th District, Chairman

Mr. President:

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

SR 129 HB 293

Do Pass Pursuant to Senate Rule 2-1.10(b), referred to Finance Committee.

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 259 HB 283 HB 284 HB 302 HB 397

Do Pass Do Pass Do Pass Do Pass Do Pass

HB 454 HB 456 HB 461 HB 485 SB 197

Do Pass Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, Senator Wiles of the 37th District, Chairman

Mr. President:

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

SB 231 SB 266 SB 270 SB 285

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

SR 280 SR 282 SR 304 SR 305

Do Pass Do Pass Do Pass Do Pass

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

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Mr. President:

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

SB 258

Do Pass by substitute

Respectfully submitted, Senator Douglas of the 17th District, Chairman

The following legislation was read the second time:

HB 197 HB 203 HB 282 SB 27 SB 28 SB 30 SB 43

SB 94 SB 102 SB 123 SB 135 SB 154 SB 156 SB 174

SB 178 SB 182 SB 194 SB 200 SB 201 SB 203 SB 206

SB 214 SB 216 SB 225 SB 226 SB 238 SB 239

SB 253 SB 254 SB 255 SB 257 SB 259 SB 273

SB 274 SR 38 SR 100 SR 124 SR 294 SR 298

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

Senator Goggans of the 7th asked unanimous consent that Senator Miles of the 43rd be excused. The consent was granted, and Senator Miles was excused.

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

Adelman Balfour Brown Butler Cagle Carter Chance Chapman Douglas Goggans Golden Grant Hamrick Harbison

Hooks Hudgens Johnson Jones Kemp Me V Bremen Moody Mullis Pearson Powell Reed Rogers Schaefer Seabaugh

Starr Staton Stephens Stoner Tate Thomas,D Thomas,R Thompson,C Thompson,S Tolleson Unterman Walker Weber Whitehead

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Harp Heath Hill,Jack Hill,Judson

Seay Shafer,D Smith

Wiles Williams Zamarripa

Not answering were Senators:

Bulloch

Fort

Miles (Excused)

Henson (Excused)

The members pledged allegiance to the flag.

The President introduced the chaplain of the day, Reverend Donald Battle of Jonesboro, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 321. By Senators Mullis of the 53rd and Carter of the 13th:

A RESOLUTION commending Georgia's microenterprises and the Georgia Microenterprise Network and declaring "Microbusiness Day in Georgia"; and for other purposes.

SR 322. By Senators Douglas of the 17th and Miles of the 43rd:

A RESOLUTION recognizing and commending the service of Superintendent Ruel M. Parker on the occasion of his retirement; and for other purposes.

SR 323. By Senator Schaefer of the 50th:

A RESOLUTION commending Jared Smith on becoming an Eagle Scout; and for other purposes.

SR 324. By Senators Wiles of the 37th, Grant of the 25th, Whitehead, Sr. of the 24th, Pearson of the 51st, Williams of the 19th and others:

A RESOLUTION recognizing March 1, 2005, as "Boy Scout Day in Georgia"; and for other purposes.

SR 327. By Senator Williams of the 19th:

A RESOLUTION congratulating and commending Miss Mary Catherine Farrell; and for other purposes.

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SR 328. By Senators Hooks of the 14th, Kemp of the 46th, Meyer von Bremen of the 12th, Moody of the 56th, Shafer of the 48th and others:

A RESOLUTION urging continued support for the Community Development Block Grant (CDBG) Program; and for other purposes.

SR 329. By Senator Meyer von Bremen of the 12th:

A RESOLUTION commending Mr. James Griffin, Jr.; and for other purposes.

SR 330. By Senator Meyer von Bremen of the 12th:

A RESOLUTION commending Haley Kilpatrick; and for other purposes.

SR 331. By Senator Walker of the 22nd:

A RESOLUTION commending the Richmond County Neighborhood Associations Alliance, Inc.; and for other purposes.

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

SENATE LOCAL CONSENT CALENDAR

Thursday, March 3, 2005 Twenty-seventh Legislative Day

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

HB 259

Hill of the 4th EVANS COUNTY

A BILL to be entitled an Act to provide that future elections for the office of probate judge of Evans County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 397

Stoner of the 6th Rogers of the 21st Hill of the 32nd

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Thompson of the 33rd Wiles of the 37th COBB COUNTY
A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, so as to change the compensation of the judges and associate judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Stoner of the 6th Rogers of the 21st Hill of the 32nd Thompson of the 33rd Wiles of the 37th 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 May 17, 2004 (Ga. L. 2004, p. 3712), so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Stoner of the 6th Rogers of the 21st Hill of the 32nd Thompson of the 33rd Wiles of the 37th COBB COUNTY
A BILL to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, 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; to repeal conflicting laws; and for other purposes.

HB 461 HB 485

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Johnson of the 1st Williams of the 19th LIBERTY COUNTY
A BILL to be entitled an Act to amend an Act creating the Board of Education of Liberty County, approved December 10, 1986 (Ga. L. 1986, p. 3452), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3768), so as to provide a per diem allowance for the chairperson and members of the board of education; to provide for restrictions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Mullis of the 53rd CHATTOOGA COUNTY
A BILL to be entitled an Act to amend an Act to provide for the election of members of the board of education of Chattooga County, approved April 25, 2002 (Ga. L. 2002, p. 4723), so as to provide for compensation of board members; to repeal conflicting laws; and for other purposes.

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

SB 197

Thompson of the 33rd CITY OF POWDER SPRINGS
A BILL to be entitled an Act to amend a former local constitutional amendment, Ga. L. 1976, p. 1908, which former local constitutional amendment was continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution of Georgia and which provided a homestead exemption from City of Powder Springs ad valorem taxes for municipal purposes in the amount of $2,000.00 of the assessed value of the homestead for resident homeowners of that city and a homestead exemption from City of Powder Springs ad valorem taxes for municipal purposes in the amount of $4,000.00 of the assessed value of the homestead for resident homeowners who are 65 years of age or over, so as to increase the amount of the $4,000.00 homestead exemption to $12,000.00; to specify the terms and conditions of the exemption

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and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

HB 283

Johnson of the 1st CITY OF VERNONBURG

A BILL to be entitled an Act to amend an Act amending an Act providing for a base year assessed value homestead exemption from City of Vernonburg ad valorem taxes for municipal purposes, approved May 17, 2004 (Ga. L. 2004, p. 4318), so as to correct certain typographical errors; to repeal conflicting laws; and for other purposes.

HB 284

Johnson of the 1st CITY OF TYBEE ISLAND A BILL to be entitled an Act to amend an Act amending an Act providing for a base year assessed value homestead exemption from City of Tybee Island ad valorem taxes for municipal purposes, approved May 17, 2004 (Ga. L. 2004, p. 4321), so as to correct certain typographical errors; to repeal conflicting laws; and for other purposes.

HB 302

Mullis of the 53rd DADE COUNTY

A BILL to be entitled an Act to provide a homestead exemption from Dade County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Balfour
Y Brown

Y Hill,Jack Y Hill,Judson Y Hooks

Y Smith Y Starr Y Staton

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Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans
Golden Y Grant Y Hamrick Y Harbison Y Harp
Heath E Henson

Y Hudgens Johnson
Y Jones Y Kemp
Me V Bremen E Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers
Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Stephens Y Stoner
Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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

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

NOTICE OF MOTION TO RECONSIDER:

SB 122

Tire Disposal; extend collection of fees (Substitute)(NR&E-24th)

SENATE RULES CALENDAR THURSDAY, MARCH 3, 2005 TWENTY-SEVENTH LEGISLATIVE DAY

SB 62

Georgia Slam Spam E-mail Act; deceptive commercial e-mail; criminal penalties (Substitute)(S&T-48th)

HB 191

Income tax; corporations; allocation and apportionment formulas; revise (FIN-49th) O`Neal-146th

SB 112

Georgia Long-Term Care Partnership Program Act; create (Substitute) (Amendment) (H&HS-7th)

SB 160

Highways; dimensions/weight of vehicles/loads; signs; primary system; provisions (Amendments)(TRANS-51st)

439

872 SB 195 SB 204 SR 161 SB 13 SB 93 SB 155 SB 166 SB 167 SB 224 SB 25 SB 134 SB 208 SB 150

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Georgia Museum Property Act; establish ownership loaned to museums/archives (S JUDY-50th)
Health Records; provide electronic format; conditions; legal rights; copies (Substitute)(H&HS-46th)
Juvenile Code Rewrite; create Joint Study Committee (Substitute)(JUDY-30th)
Gift Card Integrity; unfair/deceptive practices in consumer transactions (Substitute)(AG&CA-21st)
Motor Vehicles; use of material covering license plates; prohibit (Substitute)(PS&HS-29th)
Motor Vehicle Franchises; recreational vehicle dealers; purpose/policies (FIN-24th)
Credit Life Insurance; delivery of policy; indebtedness incurred (I&L-21st)
Credit Life Insurance; notify of early payoff of indebtedness (I&L-21st)
Ga. Athletic/Entertainment Commission; revise/clarify definitions; provision (ECD-9th)
Divorce; change time limit; effect on children; require education classes (Substitute)(JUDY-28th)
Juvenile Justice; persons violate terms/conditions of probation; change provisions (Substitute)(JUDY-46th)
Central Registry for Traumatic Brain/Spinal Injuries; create state-wide (H&HS-12th)
Georgia Community Streetcar Development/Revitalization Act; implement program (TRANS-36th)
Respectfully submitted,
/s/ Balfour of the 9th, Chairman Senate Rules Committee

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Senator Reed of the 35th asked unanimous consent that Senator Seay of the 34th be excused. The consent was granted, and Senator Seay was excused.

Senator Cagle of the 49th moved to engross HB 191, which was on the Senate Rules Calendar for today.

Senator Thompson of the 33rd objected.

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

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans
Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath E Henson

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson N Jones N Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer Y Seabaugh E Seay
Shafer,D

Y Smith N Starr Y Staton Y Stephens N Stoner N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson Y Unterman N Walker N Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the motion, the yeas were 31, nays 21; the motion passed, and HB 191 was engrossed.

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

SB 62. By Senators Shafer of the 48th, Staton of the 18th, Heath of the 31st and Hill of the 32nd:

A BILL to be entitled an Act to provide for a short title; to provide for legislative findings; to amend Title 16 of the Official Code of Georgia Annotated, relating to computer systems protections, so as to add a new part to create the new crime of initiation of deceptive commercial e-mail; to provide for definitions; to provide for criminal penalties; to provide for civil relief and venue for civil proceedings; to provide for certain prosecuting officials to

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prosecute deceptive commercial e-mail; to provide for applicability; to provide for exceptions; to change provisions relating to the definition of racketeering activity in the Georgia RICO Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate Science and Technology Committee offered the following substitute to SB 62:
A BILL TO BE ENTITLED AN ACT
To provide for a short title; to provide for legislative findings; to amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer systems protections, so as to add a new part to create the new crime of initiation of deceptive commercial e-mail; to provide for definitions; to provide for criminal penalties; to provide for civil relief and venue for civil proceedings; to provide for certain prosecuting officials to prosecute deceptive commercial e-mail; to provide for applicability; to provide for exceptions; to designate specific information which may be disclosed by an electronic communication service or a remote computing service; to authorize search warrants or subpoenas under certain circumstances; to provide for certain authority of law enforcement units, the Attorney General, and district attorneys; to provide for certain records admissibility into evidence; to change provisions relating to the definition of racketeering activity in the Georgia RICO Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Georgia Slam Spam E-mail Act."
SECTION 2. The General Assembly finds and declares that electronic mail has become an important and popular means of communication, relied on by millions of Georgians on a daily basis for personal and commercial purposes. The low cost and global reach of electronic mail make it convenient and efficient. Electronic mail serves as a catalyst for economic development and frictionless commerce. The General Assembly further finds that the convenience and efficiency of electronic mail is threatened by an ever-increasing glut of deceptive commercial electronic mail. The senders of these electronic messages engage in a variety of fraudulent and deceptive practices to hide their identities, to disguise the true source of their electronic mail, and to evade the criminal and civil consequences of their actions. Deceptive commercial electronic mail imposes costs upon its ultimate recipients who are forced to receive, review, and delete unwanted messages and upon the electronic mail service providers forced to carry the messages. The General Assembly

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further finds that our state has a paramount interest in protecting its businesses and citizens from the deleterious effects of deceptive commercial electronic mail, including the impermissible shifting of cost and economic burden that results from the false and fraudulent nature of deceptive commercial electronic mail. Georgias enforcement of this interest imposes no additional burden upon the senders of such electronic mails in relation to the laws of any other state, in that such enforcement requires nothing more than the senders forbearance from active deception.
SECTION 3. Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer systems protection, is amended by striking in its entirety Code Section 16-9-92, relating to definitions in the "Georgia Computer Systems Protection Act," and inserting in lieu thereof the following:
16-9-92. As used in this article, the term:
(1) 'Computer' means an electronic, magnetic, optical, electrochemical, or other highspeed data processing device or system performing computer operations with or on data and includes any data storage facility or communications facility directly related to or operating in conjunction with such device; but such term does not include an automated typewriter or typesetter, portable hand-held calculator, household appliance, or other similar device that is not used to communicate with or to manipulate any other computer hydraulic, electrochemical, or organic device or group of devices which, pursuant to a computer program, to human instruction, or to permanent instructions contained in the device or group of devices, can automatically perform computer operations with or on computer data and can communicate the results to another computer or to a person. The term includes any connected or directly related device, equipment, or facility which enables the computer to store, retrieve, or communicate computer programs, computer data, or the results of computer operations to or from a person, another computer, or another device. This term specifically includes, but is not limited to, mail servers and e-mail networks. This term does not include a device that is not used to communicate with or to manipulate any other computer. (2) 'Computer network' means a set of related, remotely connected computers and any communications facilities with the function and purpose of transmitting data among them through the communications facilities. (3) 'Computer operation' means computing, classifying, transmitting, receiving, retrieving, originating, switching, storing, displaying, manifesting, measuring, detecting, recording, reproducing, handling, or utilizing any form of data for business, scientific, control, or other purposes. (4) 'Computer program' means one or more statements or instructions composed and structured in a form acceptable to a computer that, when executed by a computer in actual or modified form, cause the computer to perform one or more computer operations. The term 'computer program' shall include all associated procedures and

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documentation, whether or not such procedures and documentation are in human readable form. (5) 'Data' includes any representation of information, intelligence, or data in any fixed medium, including documentation, computer printouts, magnetic storage media, punched cards, storage in a computer, or transmission by a computer network. (6) 'Electronic communication' means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system that affects interstate or foreign commerce, but does not include:
(A) Any wire or oral communication; (B) Any communication made through a tone-only paging device; (C) Any communication from a tracking device; or (D) Electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds. (7) 'Electronic communication service' means any service which provides to its users the ability to send or receive wire or electronic communications. (8) 'Electronic communications system' means any wire, radio, electromagnetic, photoelectronic, photo-optical, or facilities for the transmission of wire or electronic communications, and any computer facilities or related electronic equipment for the electronic storage of such communications. (9) 'Electronic means' is any device or apparatus which can be used to intercept a wire, oral, or electronic communication other than: (A) Any telephone or telegraph instrument, equipment, or facility, or any component thereof,
(i) Furnished to the subscriber or user by a provider of electronic communication service in the ordinary course of its business and used by the subscriber or user in the ordinary course of its business or furnished by such subscriber or user for connection to the facilities of such service and used in the ordinary course of its business; or (ii) Used by a provider of electronic communication service in the ordinary course of its business or by an investigative or law enforcement officer in the ordinary course of his or her duties; or (B) A hearing aid or similar device being used to correct subnormal hearing to better than normal. (10) 'Electronic storage' means: (A) Any temporary, intermediate storage of wire or electronic communication incidental to its electronic transmission; and (B) Any storage of such communication by an electronic communication service for purposes of backup protection of such communication. (6)(11) 'Financial instruments' includes any check, draft, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or debit card, transaction-authorizing mechanism, or marketable security, or any computer representation thereof.

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(12) 'Law enforcement unit' means any law enforcement officer charged with the duty of enforcing the criminal laws and ordinances of the state or of the counties or municipalities of the state who is employed by and compensated by the state or any county or municipality of the state or who is elected and compensated on a fee basis. The term shall include, but not be limited to, members of the Department of Public Safety, municipal police, county police, sheriffs, deputy sheriffs, and agents and investigators of the Georgia Bureau of Investigation. (7)(13) 'Property' includes computers, computer networks, computer programs, data, financial instruments, and services. (14) 'Remote computing service' means the provision to the public of computer storage or processing services by means of an electronic communications system. (8)(15) 'Services' includes computer time or services or data processing services. (9)(16) 'Use' includes causing or attempting to cause:
(A) A computer or computer network to perform or to stop performing computer operations; (B) The obstruction, interruption, malfunction, or denial of the use of a computer, computer network, computer program, or data; or (C) A person to put false information into a computer. (10)(17) 'Victim expenditure' means any expenditure reasonably and necessarily incurred by the owner to verify that a computer, computer network, computer program, or data was or was not altered, deleted, damaged, or destroyed by unauthorized use. (11)(18) 'Without authority' includes the use of a computer or computer network in a manner that exceeds any right or permission granted by the owner of the computer or computer network.
SECTION 4. Said article is further amended by designating the existing matter thereof as Part 1 and by adding two new parts to the end of the article to read as follows:
Part 2
16-9-100. As used in this part, the term:
(1) 'Advertiser' means a person or entity that advertises through the use of commercial e-mail. (2) 'Automatic technical process' means the actions performed by an e-mail service providers or telecommunications carriers computers or computer network while acting as an intermediary between the sender and the recipient of an e-mail. (3) 'Commercial e-mail' means any e-mail message initiated for the purpose of advertising or promoting the lease, sale, rental, gift, offer, or other disposition of any property, services, or extension of credit. (4) 'Direct consent' means that the recipient has expressly consented to receive e-mail advertisements from the advertiser or initiator, either in response to a clear and

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conspicuous request for direct consent or at the recipients own initiative. (5) 'Domain' means any alphanumeric designation which is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet. (6) 'Domain owner' means, in relation to an e-mail address, the actual owner at the time an e-mail is received at that address of a domain that appears in or comprises a portion of the e-mail address. The registrant of a domain is presumed to be the actual owner of that domain. (7) 'E-mail' means an electronic message that is sent to an e-mail address and transmitted between two or more telecommunications devices, computers, or electronic devices capable of receiving electronic messages, whether or not the message is converted to hard copy format after receipt, viewed upon transmission, or stored for later retrieval. The term includes electronic messages that are transmitted through a local, regional, or global computer network. (8) 'E-mail address' means a destination, commonly expressed as a string of characters, to which e-mail can be sent or delivered. An e-mail address consists of a user name or mailbox, the '@' symbol, and reference to a domain. (9) 'E-mail service provider' means any person, including an Internet service provider, that is an intermediary in sending or receiving e-mail or that provides to end-users of the e-mail service the ability to send or receive e-mail. (10) 'False or misleading,' when used in relation to a commercial e-mail, means that:
(A) The header information includes an originating or intermediate e-mail address, domain name, or Internet protocol address which was obtained by means of false or fraudulent pretenses or representations; (B) The header information fails to accurately identify the computer used to initiate the e-mail; (C) The subject line of the e-mail is likely to mislead a recipient about a material fact regarding the content or subject matter of the e-mail; (D) The header information is altered or modified in a manner that impedes or precludes the recipient of the e-mail or an e-mail service provider from identifying, locating, or contacting the person who initiated the e-mail; (E) The header information or content of the commercial e-mail, without authorization and with intent to mislead, references a personal name, entity name, trade name, mark, domain, address, phone number, or other personally identifying information belonging to a third party in such manner as would cause a recipient to believe that the third party authorized, endorsed, sponsored, sent, or was otherwise involved in the transmission of the commercial e-mail; (F) The header information or content of the commercial e-mail contains false or fraudulent information regarding the identity, location, or means of contacting the initiator of the commercial e-mail; or (G) The commercial e-mail falsely or erroneously states or represents that the transmission of the e-mail was authorized on the basis of:
(i) The recipients prior direct consent to receive the commercial e-mail; or

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(ii) A preexisting or current business relationship between the recipient and either the initiator or advertiser. (11) 'Header information' means those portions of an e-mail message which designate or otherwise identify: (A) The sender; (B) All recipients; (C) An alternative return e-mail address, if any; and (D) The names or Internet protocol addresses of the computers, systems, or other means used to send, transmit, route, or receive the e-mail message. The term does not include either the subject line or the content of an e-mail message. (12) 'Incident' means the contemporaneous initiation in violation of this part of one or more commercial e-mails containing substantially similar content. (13) 'Initiate' or 'initiator' means to transmit or cause to be transmitted a commercial e-mail, but does not include the routine transmission of the commercial e-mail through the network or system of a telecommunications utility or an e-mail service provider. (14) 'Internet protocol address' means the unique numerical address assigned to and used to identify a specific computer or computer network that is directly connected to the Internet. (15) 'Minor' means any person under the age of 18 years. (16) 'Person' means a person as defined by Code Section 16-1-3 and specifically includes any limited liability company, trust, joint venture, or other legally cognizable entity. (17) 'Preexisting or current business relationship,' as used in connection with the sending of a commercial e-mail, means that the recipient has made an inquiry and has provided his or her e-mail address, or has made an application, purchase, or transaction, with or without consideration, regarding products or services offered by the advertiser. (18) 'Protected computer' means any computer that, at the time of an alleged violation of any provision of this part involving that computer, was located within the geographic boundaries of the State of Georgia. (19) 'Recipient' means any addressee of a commercial e-mail advertisement. If an addressee of a commercial e-mail has one or more e-mail addresses to which a commercial e-mail is sent, the addressee shall be deemed to be a separate recipient for each e-mail address to which the e-mail is sent. (20) 'Routine transmission' means the forwarding, routing, relaying, handling, or storing of an e-mail message through an automatic technical process. The term shall not include the sending, or the knowing participation in the sending, of commercial email advertisements.
16-9-101. Any person who initiates a commercial e-mail that the person knew or should have known to be false or misleading that is sent from, passes through, or is received by a

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protected computer shall be guilty of the crime of initiation of deceptive commercial email.
16-9-102. (a) Any person convicted of a violation of Code Section 16-9-101 shall be guilty of a misdemeanor and punished by a fine of not more than $1,000.00 or by imprisonment of not more than 12 months, or both, except:
(1) Where the volume of commercial e-mail transmitted exceeded 10,000 attempted recipients in any 24 hour period; (2) Where the volume of commercial e-mail transmitted exceeded 100,000 attempted recipients in any 30 day period; (3) Where the volume of commercial e-mail transmitted exceeded one million attempted recipients in any one-year period; (4) Where the revenue generated from a specific commercial e-mail exceeded $1,000.00; (5) Where the total revenue generated from all commercial e-mail transmitted to any e-mail service provider or its subscribers exceeded $50,000.00; or (6) Where any person knowingly hires, employs, uses, or permits any minor to assist in the transmission of commercial e-mail in violation of Code Section 16-9-101, the person shall be guilty of a felony and punished by a fine of not more than $50,000.00 or by imprisonment of not more than five years, or both. (b) For the second conviction of Code Section 16-9-101 within a five-year period, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the person shall be guilty of a felony and punished by a fine of not more than $50,000.00 or by imprisonment of not more than five years, or both. For the purpose of this subsection, the term 'conviction' shall include a plea of nolo contendere.
16-9-103. For the purpose of venue under this part, any violation of this part shall be considered to have been committed:
(1) In the county of the principal place of business in this state of the owner of an involved protected computer, computer network, or any part thereof; (2) In any county in which any person alleged to have violated any provision of this part had control or possession of any proceeds of the violation or of any books, records, documents, or property which were used in furtherance of the violation; (3) In any county in which any act was performed in furtherance of any transaction which violated this part; and (4) In any county from which, to which, or through which any use of an involved protected computer or computer network was made, whether by wires, electromagnetic waves, microwaves, or any other means of communication.

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16-9-104. The Attorney General shall have concurrent jurisdiction with the district attorneys and solicitors-general to conduct the criminal prosecution of violations of this part.
16-9-105. (a) The following persons shall have standing to assert a civil action under this part:
(1) Any e-mail service provider whose protected computer was used to send, receive, or transmit an e-mail that was sent in violation of this part; and (2) A domain owner of any e-mail address to which a deceptive commercial e-mail is sent in violation of this part, provided that the domain owner also owns a protected computer at which the e-mail was received. (b) Any person who has standing and who suffers personal, property, or economic damage by reason of a violation of any provision of this part may initiate a civil action for and recover the greater of: (1) Five thousand dollars plus expenses of litigation and reasonable attorneys fees; (2) Liquidated damages of $1,000.00 for each offending commercial e-mail, up to a limit of $2 million per incident, plus expenses of litigation and reasonable attorneys fees; or (3) Actual damages, plus expenses of litigation and reasonable attorneys fees.
16-9-106. (a) Any crime committed in violation of this part shall be considered a separate offense. (b) The provisions of this part shall not be construed as limiting or precluding the application of any other provision of law which applies to any transaction or course of conduct which violates this part. (c) Nothing in this part shall be construed to limit or restrict the adoption, implementation, or enforcement by an e-mail service provider or Internet service provider of a policy of declining to transmit, receive, route, relay, handle, or store certain types of e-mail.
16-9-107. There shall be no cause of action under this part against an e-mail service provider on the basis of its routine transmission of any commercial e-mail over its computer network.
Part 3
16-9-108. (a) In any investigation of a violation of this article or any investigation of a violation of Code Section 16-12-100, 16-12-100.1, 16-12-100.2, 16-5-90, or Article 8 of Chapter 9 of Title 16 involving the use of a computer in furtherance of the act, the Attorney General or any district attorney shall have the power to administer oaths; to call any party to testify under oath at such investigation; to require the attendance of witnesses

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and the production of books, records, and papers; and to take the depositions of witnesses. The Attorney General or any such district attorney is authorized to issue a subpoena for any witness or a subpoena to compel the production of any books, records, or papers. (b) In case of refusal to obey a subpoena issued under this Code section to any person and upon application by the Attorney General or district attorney, the superior court in whose jurisdiction the witness is to appear or in which the books, records, or papers are to be produced may issue to that person an order requiring him or her to appear before the court to show cause why he or she should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished by the court as contempt of court.
16-9-109. (a) Any law enforcement unit, the Attorney General, or any district attorney who is conducting an investigation of a violation of this article or an investigation of a violation of Code Section 16-12-100, 16-12-100.1, 16-12-100.2, 16-5-90, or Article 8 of Chapter 9 of Title 16 involving the use of a computer in furtherance of the act may require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that is in electronic storage in an electronic communications system for 180 days or less pursuant to a search warrant issued under the provisions of Article 2 of Chapter 5 of Title 17 by a court with jurisdiction over the offense under investigation. Such court may require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that has been in electronic storage in an electronic communications system for more than 180 days as set forth in subsection (b) of this Code section.
(b)(1) Any law enforcement unit, the Attorney General, or any district attorney may require a provider of electronic communication service or remote computing service to disclose a record or other information pertaining to a subscriber to or customer of such service, exclusive of the contents of communications, only when any law enforcement unit, the Attorney General, or any district attorney:
(A) Obtains a search warrant as provided in Article 2 of Chapter 5 of Title 17; (B) Obtains a court order for such disclosure under subsection (c) of this Code section; or (C) Has the consent of the subscriber or customer to such disclosure. (2) A provider of electronic communication service or remote computing service shall disclose to any law enforcement unit, the Attorney General, or any district attorney the: (A) Name; (B) Address; (C) Local and long distance telephone connection records, or records of session times and durations; (D) Length of service, including the start date, and types of service utilized;

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(E) Telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and (F) Means and source of payment for such service, including any credit card or bank account number of a subscriber to or customer of such service when any law enforcement unit, the Attorney General, or any district attorney uses a subpoena authorized by Code Section 16-9-108 or 45-15-17 or a grand jury or trial subpoena when any law enforcement unit, the Attorney General, or any district attorney complies with paragraph (1) of this subsection. (3) Any law enforcement unit, the Attorney General, or any district attorney receiving records or information under this subsection shall not be required to provide notice to a subscriber or customer. A provider of electronic communication service or remote computing service shall not disclose to a subscriber or customer the existence of any search warrant or subpoena issued pursuant to this article nor shall a provider of electronic communication service or remote computing service disclose to a subscriber or customer that any records have been requested by or disclosed to any law enforcement unit, the Attorney General, or any district attorney pursuant to this article. (c) A court order for disclosure issued pursuant to (b) of this Code section may be issued by any superior court with jurisdiction over the offense under investigation and shall only issue such court order for disclosure if any law enforcement unit, the Attorney General, or any district attorney offers specific and articulable facts showing that there are reasonable grounds to believe that the contents of an electronic communication, or the records or other information sought, are relevant and material to an ongoing criminal investigation. A court issuing an order pursuant to this Code section, on a motion made promptly by a provider of electronic communication service or remote computing service, may quash or modify such order, if compliance with such order would be unduly burdensome or oppressive on such provider. (d)(1) Any records supplied pursuant to this part shall be accompanied by the affidavit of the custodian or other qualified witness, stating in substance each of the following: (A) The affiant is the duly authorized custodian of the records or other qualified witness and has authority to certify the records; (B) The copy is a true copy of all the records described in the subpoena, court order, or search warrant and the records were delivered to the attorney or the attorneys representative; (C) The records were prepared by the personnel of the business in the ordinary course of business at or near the time of the act, condition, or event; (D) The sources of information and method and time of preparation were such as to indicate its trustworthiness; (E) The identity of the records; and (F) A description of the mode of preparation of the records. (2) If the business has none or only part of the records described, the custodian or

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other qualified witness shall so state in the affidavit. (3) If the original records would be admissible in evidence if the custodian or other qualified witness had been present and testified to the matters stated in the affidavit, the copy of the records shall be admissible in evidence. When more than one person has knowledge of the facts, more than one affidavit shall be attached to the records produced. (4) No later than 30 days prior to trial, a party intending to offer such evidence produced in compliance with this subsection shall provide written notice of such intentions to the opposing party or parties. A motion opposing the admission of such evidence shall be filed within ten days of the filing of such notice, and the court shall hold a hearing and rule on such motion no later than ten days prior to trial. Failure of a party to file such motion opposing admission prior to trial shall constitute a waiver of objection to such records and affidavit. However, the court, for good cause shown, may grant relief from such waiver.

SECTION 5. Said title is further amended in Code Section 16-14-3, relating to definitions relative to the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," by striking the word "or" at the end of division (9)(A)(xxxvii), by striking the symbol "." at the end of division (9)(A)(xxxviii) and inserting in lieu thereof the symbol and word "; or", and by adding a new division (9)(A)(xxxix) to read as follows:
(xxxix) Code Section 16-9-101, relating to deceptive commercial e-mail.

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Senator Adelman of the 42nd moved that SB 62 be dropped to the foot of today's Senate Rules Calendar.

Senator Balfour of the 9th objected.

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

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody

N Smith Y Starr N Staton N Stephens Y Stoner Y Tate
Thomas,D N Thomas,R Y Thompson,C Y Thompson,S

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Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath E Henson

N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer
Seabaugh E Seay N Shafer,D

N Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the motion, the yeas were 18, nays 33, the motion lost; and SB 62 was not placed at the foot of the Rules Calendar.

Senator Shafer of the 48th offered the following amendment #1:

Amend the Senate Science and Technology Committee substitute to SB 62 by striking line 10 of page 6 and inserting in lieu thereof the following:
(C) The subject line of the e-mail is intended to mislead a recipient about a material fact .

On the adoption of the amendment, the yeas were 38, nays 0, and the Shafer amendment #1 was adopted.

Senator Adelman of the 42nd offered the following amendment #2 to the Senate Science and Technology Committee substitute to SB 62 (LC 29 1687S):

By inserting after "admissibility into evidence;" on line 11 of page 1 the following: to provide for interjurisdictional cooperation in certain investigations; to provide for civil and criminal immunity for certain businesses under certain circumstances; .

By striking the quotation marks at the end of line 20 and inserting between lines 20 and 21 of page 12 the following:

16-9-110. Any law enforcement unit or prosecutorial office of the State of Georgia is hereby authorized to apply to the court or other appropriate entity of the United States or any other state with jurisdiction over a respondent for the issuance of search warrants, subpoenas, or orders to produce as may be appropriate to further a pending criminal investigation or prosecution of a pending criminal trial of a crime enumerated in Code Section 16-9-108.

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16-9-111. Any business located within the State of Georgia that provides electronic communication services or remote computing services, when served with a search warrant, subpoena, notice to produce, notice of deposition, or order to disclose properly issued by another state to produce records related to investigation or trial of a criminal offense that would reveal the identity of the customers using those services, data stored by, or on behalf of, the customer, the customers usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications shall produce those requested records as if that search warrant, subpoena, notice, or order had been issued by a Georgia court, provided that such business has the right to object that such compliance is unduly burdensome or oppressive.

16-9-112. No civil or criminal cause of action shall lie against any foreign or Georgia business or its officers, employees, agents, or other persons for providing records, information, facilities, or assistance pursuant to Code Section 16-9-109 or 16-9-111.'

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

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas
Fort Y Goggans Y Golden N Grant N Hamrick Y Harbison Y Harp N Heath E Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody
Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh E Seay N Shafer,D

N Smith Y Starr N Staton N Stephens Y Stoner Y Tate
Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 21, nays 30, and the Adelman amendment #2 was lost.

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Senator Powell of the 23rd offered the following amendment #3:

Amend page 9 line 13 of the substitute to SB 62 by changing 2 million per incident to $350,000 per incident

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

N Adelman N Balfour Y Brown N Bulloch N Butler N Cagle N Carter N Chance N Chapman N Douglas
Fort N Goggans Y Golden N Grant N Hamrick N Harbison N Harp N Heath E Henson

N Hill,Jack N Hill,Judson N Hooks N Hudgens N Johnson Y Jones N Kemp N Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell N Reed N Rogers N Schaefer N Seabaugh E Seay N Shafer,D

N Smith N Starr N Staton N Stephens Y Stoner N Tate
Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 11, nays 41, and the Powell amendment #3 was lost.

On the adoption of the substitute, the yeas were 42, 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 Brown Y Bulloch

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens

Y Smith Y Starr Y Staton Y Stephens

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N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson

Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D

Y Stoner N Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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

SB 62, having received the requisite constitutional majority, was passed by substitute.

HB 191. By Representatives O`Neal of the 146th and Williams of the 4th:

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, computation, and exemptions regarding income taxes, so as to provide for adjustments to taxable net income with respect to certain direct or indirect interest expenses and costs and intangible expenses and costs; to provide for procedures, conditions, and limitations; to change the manner and method of allocating and apportioning income with respect to corporations; to provide for powers, duties, and authority of the state revenue commissioner; to provide effective dates; to provide for applicability; to repeal conflicting laws; 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

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January 31, 2005
Honorable Larry O'Neal, Chairman House Ways and Means Committee 133 State Capitol Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 191 (LC 18 4033)
Dear Chairman O'Neal:
The proposed legislation would phase-in a change in the corporate income tax apportionment formula from the current double-weighted sales factor formula to one that would weight the sales factor by 100 percent. The proposed legislation would also eliminate the ability to deduct certain expenses related to royalty payments.
The Georgia State University Fiscal Research Center provided the following analysis of the fiscal impact of this bill.
Apportionment Formula
The proposal legislation would change the sales factor weight to 80 percent in calendar year 2006, to 90 percent in 2007, and to 100 percent in 2008.
Static Revenue Estimate. To estimate the effect on corporate income tax revenue the actual corporate income tax returns for 1995 through 2001 were used. (Returns for 2002 are not complete and therefore were not used.) The following procedure was used to estimate the revenue loss:
1. The tax liabilities for multi-state firms under the current doubled weighted sales factor formula and under the proposed formulas were calculated for each year 1995 through 2001.
2. Next, the ratio of the tax liability of multi-state firms under doubling weighting to total corporate income tax revenue was calculated. The average value of that ratio is 72.8 percent. This ratio was used for years beyond 2001.
3. For each of the three new sales factor weights the ratio of tax liability of multistate firms under the new weight to the tax liability under the current doubling weighting for each year 1995-2001 was calculated. While there is a slight

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downward trend to these ratios, the average value of each ratio was used. If the trend is due to the effects of the recession, the trend may be reversed in the future. However, if the downward trend continues, the estimated revenue losses will be larger than reported here.

4. Total corporate income tax revenue for 2006 was forecasted and it was assumed that in subsequent years corporate tax revenue would increase each year by the same percentage as corporate income tax revenue increased each year after the 1990 recession.

5. The ratios and percentage calculated above were applied to the forecasted corporate income tax revenue to estimate multi-state firm tax liability under the current and proposed apportionment formula.

For the 10-year period, 2006-2015, it was estimated that corporate income tax revenue will decrease by a total of $972.3 million, or an average of $97.2 million per year. Table 1 shows the estimated revenue change by year.

Table 1. Revenue Loss From Switch to Alternative Apportionment Formula

Year

Revenue Loss (in millions of $)

2006

$ 39.8

2007

65.6

2008

89.6

2009

91.0

2010

96.4

2011

103.0

2012

110.0

2013

117.5

2014

125.5

2015

134.0

Dynamic Response. The proposed change in the apportionment formula alters the effective tax rate faced by multi-state firms. In particular, reducing the weight on the payroll factor reduces the implicit tax imposed by the apportionment formula on a firm's Georgia payroll. Using the Georgia corporate tax returns, Edmiston and Arze (2004) estimated the effect of changes in the apportionment factors on multi-state firms' Georgia payrolls. They find an elasticity of -0.069, that is, that a 10 percent reduction in the effective tax rate on payrolls arising from a change in the formula-apportioned corporate income tax would, on average, lead to a 0.69 percentage increase in payrolls.

The proposed change to an 80 percent weight on the sales factor amounts to a 60 percent change in the effective tax rate on payrolls. Applying the estimated elasticity to this change in effective tax rate implies that Georgia payroll would increase by 3.9 percent. It

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was assumed that the change in payrolls is phased in over a three-year period and that payrolls will increase 4.2 percent per year during the forecasting period.

This increase in payroll will result in an increase in income tax revenue. Table 2 shows the estimated increase in income tax revenue for 2006-2015. The estimated 10-year revenue increase is $696 million, given an effective income tax rate of 2.36 percent, which is appropriate if the increase in employment goes to new employees to the state.

Table 2. Estimated Increase in Personal Income Tax Revenue

Year

Estimated Income Tax Revenue Increase(in millions of $)

2006

$ 21.7

2007

44.2

2008

67.9

2009

70.8

2010

73.8

2011

76.8

2012

80.0

2013

83.4

2014

86.9

2015

90.6

Elimination of Deductibility

Currently, corporations are able to establish passive investment companies (also known as Delaware or Nevada holding companies) which allow the firm to shift income out of Georgia. The passive investment company becomes the owner of intellectual property (e.g., trademarks, copyrights, and patents) in the case of a royalty holding company and real assets in the case of a financial holding company. (Delaware exempts from its corporate income tax those companies holding solely intangible assets. Nevada, in turn, does not have a corporate income tax.) Thus both states would allow companies to employ tax planning to avoid state income taxes. The holding company then leases back to the operating company the right to use the assets or intellectual property. Since these licensing fees or interest expenses are deductible expenses, profits are reduced. In fact, the fees and expenses may be structured to eliminate a company's state tax liability completely.

The proposed legislation is intended to eliminate the ability of firms to engage in this practice for assets for which royalty payments are made by disallowing the deductibility of royalty payments. Thus, the revenue effect of the proposed legislation depends on the current use of such holding companies. However, without an audit of every corporate income taxpayer it is not possible to determine the actual revenue loss from such practice.

To estimate the revenue effect the Georgia Department of Revenue obtained information

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from the Ohio Revenue Department on companies operating in Ohio that have these structures. Ohio's tax law is relatively unique in that it is able to identify these companies. Another source of data is the DOR's own audits as well as some information from other states. This source is checked against the company's federal income tax return to obtain information about royalty income. The two sets of data yielded 266 companies of which 177 had useful data.
Some of the Ohio data was able to provide information about both royalty and financial holding companies while the other data provided an information base only on the royalty income. For this second set of data, the DOR estimated finance company income to be the same percentage of total revenue transferred as from the known Ohio sample. This assumption is reasonable, but it is an important assumption in the sense that there is no real way of verifying the amount of revenue apportioned to finance companies.
The DOR analysis for Georgia was conducted with returns over the 2000-2002 tax years, a period during which corporate profits were low because of the economic recession. Many companies experienced losses or had losses created due to the royalty deduction. This implies that the benefit to the state will be lower from removing the ability to use the holding company structure to transfer income to the state. However, these losses can also be carried forward (as net operating losses or NOLs) and will reduce future corporate income tax payments. It is impossible to determine if the increase in corporate profits due to increased economic activity will outweigh the NOLs. The assumption is made that the structure of NOLs will not change.
The resulting DOR revenue estimate of eliminating this practice is an increase in Georgia corporate income tax revenue of $38.5 million per year.
This calculation assumes that DOR identified all firms with a holding company structure. An alternative assumption is that DOR identified 75 percent of all such firms. The validity of this particular assumption can not be verified in any real way. This alternative assumption would increase annual revenue by $18.8 million. Furthermore, adopting the assumption that economic activity will outweigh the NOLs would increase annual revenue by $17.8 million.
The ratio of the revenue increase of $38.5 million to total corporate tax revenue for 2001 was calculated. For the period going forward, it is assumed that the revenue from the proposed legislation is the same ratio of total corporate tax revenue as in 2001. For the period 2006 through 2015, the estimated increase in revenue from eliminating the deductibility of royalty payments equals $504.7 million. Since the use of Delaware and Nevada holding companies is expected to increase over time, this estimate is perhaps low.

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Reference

Edmiston, Kelly D. and F. Javier Arze. 2004. "Economic Effects of Apportionment Formula Changes: Results From a Panel of Corporate Income Tax Returns." Unpublished working paper.

Sincerely,

/s/ Russell W. Hinton State Auditor

/s/ Timothy A. Connell, Director Office of Planning and Budget

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

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

Y Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison
Harp Y Heath E Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson N Jones Y Kemp Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner N Tate Y Thomas,D N Thomas,R Y Thompson,C N Thompson,S Y Tolleson Y Unterman N Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 43, nays 10.

HB 191, having received the requisite constitutional majority, was passed.

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The following communication was received by the Secretary:

Senator Seth Harp District 29 110 State Capitol Atlanta, GA 30334

Committees: Higher Education Judiciary Insurance and Labor Appropriations Veterans and Military Affairs

The State Senate Atlanta, Georgia 30334

Please record a yes vote for me on H.B. 191 as I could not get to the floor as the elevators were slow.

/s/ Seth Harp District 29

Senator Adelman of the 42nd introduced the doctor of the day, Dr. Jack Arbiser.

The Calendar was resumed.

SB 112. By Senators Goggans of the 7th, Golden of the 8th, Thomas of the 54th, Hill of the 32nd, Stephens of the 27th and others:

A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the O.C.G.A., relating to public assistance, so as to establish the Georgia Long-Term Care Partnership Program; to provide a short title; to provide definitions; to provide for the administration of the program; to provide for certain duties and responsibilities; to provide that certain assets of persons not be considered when certain determinations concerning eligibility for Medicaid assistance are made; to provide for criteria for asset disregard; to provide for reciprocal agreements with other states; to authorize the Department of Community Health and the Commissioner of Insurance to promulgate certain rules and regulations; to provide for certain contingencies; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate Health and Human Services Committee offered the following substitute to SB 112:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to

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public assistance, so as to establish the Georgia Long-Term Care Partnership Program; to provide a short title; to provide definitions; to provide for the administration of the program; to provide for certain duties and responsibilities; to provide that certain assets of persons not be considered when certain determinations concerning eligibility for Medicaid assistance are made; to provide for criteria for asset disregard; to provide for reciprocal agreements with other states; to authorize the Department of Community Health and the Commissioner of Insurance to promulgate certain rules and regulations; to provide for certain contingencies; 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 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, is amended by adding a new Article 7A to read as follows:
ARTICLE 7A
49-4-160. This article shall be known and may be cited as the 'Georgia Long-Term Care Partnership Program Act.'
49-4-161. As used in this article, the term: (1) 'Asset disregard' means the total assets an individual owns and may retain upon application for the state Medicaid program and still qualify for benefits if the individual:
(A) Is a beneficiary of a Georgia Long-Term Care Partnership Program approved policy; and (B) Has exhausted the benefits of such policy or has diminished such assets below anticipated remaining policy benefits. (2) 'Department' means the Department of Community Health. (3) 'Georgia Long-Term Care Partnership Program approved policy' means a long-term care insurance policy that is approved by the Commissioner of Insurance and is provided through state approved long-term care insurers through the Georgia LongTerm Care Partnership Program. (4) 'State Medicaid program' means the medical assistance program established in this state under Title XIX of the federal Social Security Act.
49-4-162. (a) There is established the Georgia Long-Term Care Partnership Program which shall be administered by the Department of Community Health and the Department of Human Resources, with the assistance of the Commissioner of Insurance, and which

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shall be for the following purposes: (1) To provide incentives for individuals to insure against the costs of providing for their long-term care needs; (2) To provide a mechanism for individuals to qualify for coverage of the cost of their long-term care needs under the state Medicaid program without first being required to substantially exhaust their resources; (3) To provide counseling services through the Department of Human Resources to individuals in planning of their long-term care needs; and (4) To alleviate the financial burden on the states Medicaid program by encouraging the pursuit of private initiatives.
(b) Upon the exhaustion of benefits or upon the diminishment of assets below the anticipated remaining benefits under a Georgia Long-Term Care Partnership Program approved policy, certain assets of an individual, as provided in subsection (c) of this Code section, shall not be considered when determining any of the following:
(1) Medicaid eligibility; (2) The amount of any Medicaid payment; and (3) Any subsequent recovery by the state of a payment for medical services. (c) The department shall amend the state Medicaid program to allow for asset disregard. The department shall provide for asset disregard by counting insurance benefits paid for covered services under the Georgia Long-Term Care Partnership Program for purchasers of a Georgia Long-Term Care Partnership Program approved policy toward asset disregard.
49-4-163. (a) An individual who is a beneficiary of a Georgia Long-Term Care Partnership Program approved policy is eligible for assistance under the state Medicaid program using asset disregard pursuant to the provisions of subsection (c) of Code Section 49-4162. (b) If the Georgia Long-Term Care Partnership Program is discontinued, an individual who purchased a Georgia Long-Term Care Partnership Program approved policy prior to the date the program was discontinued shall be eligible to receive asset disregard. (c) The department may enter into reciprocal agreements with other states to extend the asset disregard to residents of the state who purchase long-term care policies in another state which has asset disregard provisions as established under this article.
49-4-164. The department and the Commissioner of Insurance are authorized to promulgate rules and regulations to implement and administer the provisions of this article.
49-4-165. (a) A long-term care insurance policy issued after the effective date of this article shall contain a summary notice to the consumer in plain language on the current law pertaining to asset disregard and asset tests.

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(b) The notice to the consumer under subsection (a) of this Code section shall be developed by the Commissioner of Insurance.

49-4-166. The provisions of this article shall become effective 60 days after the effective date of the repeal of the restrictions to asset protection contained in the federal Omnibus Budget Reconciliation Act of 1993, Public Law 103-66, 107 Stat. 312.

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 Goggans of the 7th offered the following amendment:

Amend the Senate Health and Human Services Committee substitute to SB 112 by striking lines 12 and 13 of page 2 and inserting in lieu thereof the following:
administered by the Department of Community Health, with the assistance of the Commissioner of Insurance and the Department of Human Resources, and which shall be for .

By striking line 20 of page 2 and inserting in lieu thereof the following: (3) To provide counseling services through the Division of Aging Services of the Department of Human Resources to .

On the adoption of the amendment, the yeas were 31, nays 0, and the Goggans amendment was adopted.

On the adoption of the substitute, the yeas were 40, 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 Y Brown Y Bulloch

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens

Y Smith Y Starr Y Staton Y Stephens

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Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson

Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D

Y Stoner Y Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

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

SB 112, having received the requisite constitutional majority, was passed by substitute.

Senator Douglas of the 17th asked unanimous consent that the following bill, having been placed on the Table on Wednesday, March 2, 2005, be taken from the Table:

SB 64. By Senator Douglas of the 17th:
A BILL to be entitled an Act to amend Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles, so as to repeal the requirement that officers enforcing traffic laws have a blue light on the roof of their vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes.
The consent was granted, and SB 64 was taken from the Table and placed at the foot of today's Rules Calendar.

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

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

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SB 125. By Senators Mullis of the 53rd, Rogers of the 21st, Zamarripa of the 36th, Whitehead, Sr. of the 24th, Stephens of the 27th and others:
A BILL to be entitled an Act to amend Titles 50 and 12 of the O.C.G.A., relating respectively to state government and conservation and natural resources; to promote tourism through a state-wide tourism marketing program and a more focused administrative structure; to provide for implementation and for coordination of other agencies by the Department of Economic Development; to provide corresponding amendments to powers of the Board of Economic Development; to provide for a Georgia Tourism Foundation and the solicitation and disbursement of contributions; to transfer the assignment for administrative purposes of certain venues and authorities with tourism roles to the Department of Economic Development; to provide for appointment of the board of the Music Hall of Fame Authority; to provide for an effective date; to repeal conflicting laws, and for related purposes.
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Titles 50 and 12 of the Official Code of Georgia Annotated, relating respectively to state government and conservation and natural resources, so as to change provisions relating to the Department of Economic Development; to promote tourism through a state-wide tourism marketing program and a more focused administrative structure; to provide for implementation and for coordination of other agencies by the Department of Economic Development; to provide corresponding amendments to powers of the Board of Economic Development; to provide for a Georgia Tourism Foundation and the solicitation and disbursement of contributions; to transfer the assignment for administrative purposes of certain venues and authorities with tourism roles to the Department of Economic Development; to provide for appointment of the board of the Music Hall of Fame Authority; to provide for transfer of functions respecting the Music Hall of Fame Authority from the Department of Community Affairs to the Department of Economic Development; to provide similarly for transfer of functions respecting the Sports Hall of Fame Authority; to provide for an effective date; to repeal conflicting laws, and for related purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding at the end of Article 1 of Chapter 7, relating generally to the Department of Economic Development, a new Code Section 50-7-17 to read as follows:

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50-7-17.
(a) Statement of policy and short title. The General Assembly finds that it is in the states interest to present a cohesive and vibrant message for the promotion of tourism in Georgia. This Code section, therefore, shall be known and may be cited as the 'New Georgia Foundation for Tourism Act.' (b) Definitions. As used in this Code section, the term:
(1) 'Agency' means any officer, board, department, agency, commission, bureau, authority, public corporation, instrumentality, or other entity of state government when engaged in an activity conducive to marketing which promotes tourism. (2) 'Coordinate' and 'coordination' include issuing rules, policies, standards, definitions, specifications, coordination, and other guidance and direction. (3) 'Department' means the Department of Economic Development. (4) 'Implement' and 'implementation' include planning, writing, drafting, designing, study, and market analysis; solicitation and acceptance of gifts, contributions, and cooperation; contracting, procurement, retention of consultants, outsourcing, similar activities, and other activities within the ordinary meaning of the term in this context. (5) 'Market' and 'marketing' include promotion, advertising, signage, public relations, press relations, branding, and use of a 'look;' creation, use, and licensing of trademark, copyright, and other intellectual property; discounts; and other activities of similar nature or within the term as it is commonly understood. (c) Establishment of State-wide Tourism Marketing Program. (1) Generally. For promotion of tourism in Georgia, the department may establish, implement, and provide for implementing a State-wide Tourism Marketing Program, with common and consistent features for implementation by the department and agencies. Within the State-wide Tourism Marketing Program, the department may establish or authorize various themes and component programs, but such themes and component programs must have common and consistent features with the State-wide Tourism Market Program. (2) Emphases. As important and substantial components of the State-wide Tourism Marketing Program, the department will place particular emphasis on branding and on the state's great heritage and culture. (3) Sharing of powers. In marketing and implementation of marketing for tourism, the department may exercise its powers under paragraphs (9) and (11) of Code Section 50-7-8 and may authorize and delegate to agencies all or parts of such powers for their own implementation. (d) Coordination. (1) Generally. The department will implement the State-wide Tourism Marketing Program and will also coordinate its implementation by individual agencies. (2) Delegation and agency retention. The department may delegate marketing implementation activities to agencies in promotion of tourism and may allow agencies to retain marketing and implementation activities in the course of its coordination. The department will coordinate agencies such that they retain a measure of independence and freedom of action in marketing their own specific activities and

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functions, consistently with the State-wide Tourism Marketing Program. (3) Cooperation. In addition to the specific administrative instructions of this Code section, the department, the Georgia Technology Authority, the Department of Administrative Services, and agencies and other departments and state authorities will assist and cooperate with one another for the purposes of this Code section. (4) Budget. The department may establish an annual budget covering all the costs of establishing and implementing the State-wide Tourism Marketing Program and determine an equitable basis for prorating all or part of the annual costs among the agencies, subject to approval by the Governor. Upon approval, the Governor may direct that the necessary pro rata share of the agencies assessed be made available for expenditure by the department in the same manner as appropriated funds. (5) Exclusion from APA. Coordination of marketing and implementation of marketing for promotion of tourism will not be subject to the 'Georgia Administrative Procedure Act,' Article 1 of Chapter 13 of Title 50. (6) Agency publications. Without limitation, the department may determine when the publication of official reports and similar documents, and the production of similar material in other media (such as film, video, sound, and other electronic forms) are deemed conducive to promoting tourism. Agencies will then publish or produce such material and information using themes, 'look,' and other marketing elements promulgated by the department for the State-wide Tourism Marketing Program. (e) Georgia Tourism Foundation. (1) Establishment. There is hereby established the Georgia Tourism Foundation, existing as a public corporation and instrumentality of the state, exclusively limited to the following charitable and public purposes and powers:
(A) To solicit and accept contributions of money and in-kind contributions of services and property for the State-wide Tourism Marketing Program; (B) To make and disburse contributions to the department for such purposes; (C) To seek recognition of tax exempt status by the United States Internal Revenue Service and to seek confirmation concerning the deductibility of contributions; (D) To formulate recommendations for the State-wide Tourism Marketing Program; (E) Subject to approval of the Governor, to create subsidiaries with like character and powers but with limited missions keyed to particular component programs and activities of the departments State-wide Tourism Marketing Program; and (F) To provide for additional officers and governance through bylaws which are consistent with the goals of lessening the government burden in promoting tourism, establishing and maintaining tax exempt status, and soliciting deductible contributions. (2) Members. The governance of the Georgia Tourism Foundation shall be in members, consisting of: (A) The commissioner of economic development, who will be chairperson; (B) The commissioner of natural resources; (C) Each of the executive directors of the Jekyll Island-State Park Authority, Stone

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Mountain Memorial Association, Lake Lanier Islands Authority, Agricultural Exposition Authority, North Georgia Mountains Authority, and Southwest Georgia Railroad Excursion Authority; (D) One representative each from the Aviation, Music, Sports, and Golf Halls of Fame; and (E) Additional private members appointed by the Governor under foundation bylaws. The chairpersons of the Senate Economic Development Committee and the House Economic Development and Tourism Committee shall serve as ex officio nonvoting members of the foundation. (3) Administration. The Georgia Tourism Foundation will be attached to the department for administrative purposes. The Attorney General will be the attorney for the foundation. The department may solicit and accept contributions from the foundation and authorize agencies to do so. The department may cooperate and contract with the foundation for their mutual benefit and authorize agencies to do so. Upon any dissolution of the foundation, its assets will devolve in trust to the department or its successor for use only for marketing to promote tourism for Georgia. (4) Public purpose. The creation of the Georgia Tourism Foundation and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public and charitable purpose. Further, the foundation will be performing an essential governmental function in the exercise of the powers conferred upon it by this Code section. Accordingly, the foundation shall not be subject to taxation or assessment in any manner, including without limitation taxation or assessment upon any transaction, income, money, or other property or activity. The exemptions granted in this Code section may not be extended to any private person or entity.
SECTION 2. Said Title 50 is further amended by striking paragraph (9) of Code Section 50-7-8, relating to powers of the Board of Economic Development, and inserting in its place a new paragraph to read as follows:
(9) To solicit and 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;
SECTION 3. Said Title 50 is further amended by striking the word "and" at the end of paragraph (10) and by striking paragraph (11) of said Code Section 50-7-8 and inserting in its place new paragraphs to read as follows:
(11) To authorize the Department of Economic Development to participate with public and private groups, organizations, and businesses in joint advertising and promotional marketing projects that promote the economic and tourist development

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of the State of Georgia and make efficient use of state appropriated advertising and promotional marketing 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 paragraph, the department shall be exempt from the provisions of Chapter Chapters 5 and 25 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. In this paragraph, 'marketing' means promotion, advertising, signage, public relations, press relations, branding, and use of a 'look'; creation, use, and licensing of trademark, copyright, and other intellectual property; discounts; and other activities of similar nature or within the term as it is commonly understood. The department will utilize competitive procedures and the Georgia Registry whenever in its reasonable discretion it is in the best interest of the state to do so. The Georgia Technology Authority will retain its authority over technology but will defer to the department in matters of marketing of economic development and implementation in such overlapping areas as creation of kiosks and web page design and operation. The Department of Administrative Services will retain its authority over purchasing in areas not peculiarly germane to marketing implementation, such as printing and shipping, but will defer to the department in matters of marketing of economic development and implementation in overlapping areas; (12) To assist the Georgia Music Hall of Fame Authority for any purpose necessary or incidental in the administration and performance of the Georgia Music Hall of Fame Authoritys duties, powers, responsibilities, and functions as provided in Part 10 of Article 7 of Chapter 3 of Title 12; (13) To enter into contracts with the Georgia Music Hall of Fame Authority for any purpose necessary or incidental in assisting the Georgia Music Hall of Fame Authority in carrying out or performing its duties, responsibilities, and functions; provided, however, that all such assistance shall be performed on behalf of and pursuant to the lawful purposes of the Georgia Music Hall of Fame Authority and not on behalf of the department; and provided, further, that such assistance shall not include the authorization of the issuance of any bonds or other indebtedness of the authority. The department may undertake joint or complementary programs with the Georgia Music Hall of Fame Authority, including the provision for joint or complementary services, within the scope of their respective powers; and (14) To induce, by payment of state funds or other consideration, any agency or authority assigned to the department for administrative purposes to perform the agency or authoritys statutory functions.

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SECTION 4. Said Title 50 is further amended by striking paragraph (8) subsection (b) of Code Section 50-8-3, relating to powers of the Department of Community Affairs, and inserting in its place a new paragraph to read as follows:
(8) Assist the Georgia Music Hall of Fame Authority for any purpose necessary or incidental in the administration and performance of the Georgia Music Hall of Fame Authoritys duties, powers, responsibilities, and functions as provided in Part 10 of Article 7 of Chapter 3 of Title 12 Reserved; and
SECTION 5. Said Title 50 is further amended by striking subsection (d) of Code Section 50-8-9, relating to the contracts of the Department of Community Affairs, and inserting in its place a new subsection to read as follows:
(d) The department shall have the power to enter into contracts with the Georgia Music Hall of Fame Authority for any purpose necessary or incidental in assisting the Georgia Music Hall of Fame Authority in carrying out or performing its duties, responsibilities, and functions; provided, however, that all such assistance shall be performed on behalf of and pursuant to the lawful purposes of the Georgia Music Hall of Fame Authority and not on behalf of the department; and provided, further, that such assistance shall not include the authorization of the issuance of any bonds or other indebtedness of the authority. The department may undertake joint or complementary programs with the Georgia Music Hall of Fame Authority, including the provision for joint or complementary services, within the scope of their respective powers. Reserved.
SECTION 6. Said Title 50 is further amended by striking subsection (b) of Code Section 50-12-64, relating to the Golf Hall of Fame, and inserting in its place a new subsection (b) to read as follows:
(b) The board is assigned to the Department of Administrative Services Department of Economic Development for administrative purposes only, as specified in Code Section 50-4-3.
SECTION 7. Said Title 50 is further amended by striking subsection (b) of Code Section 50-12-70, relating to the Aviation Hall of Fame, and inserting in its place a new subsection (b) to read as follows:
(b) The board is assigned to the Department of Administrative Services Department of Economic Development for administrative purposes only, as specified in Code Section 50-4-3.

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SECTION 8. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources is amended by striking subsections (b), (c), and (d) of Code Section 12-3-522, relating to the Music Hall of Fame Authority, and inserting in their place new subsections to read as follows:
(b) The authority shall consist of the same persons who comprise the Board of
Community Affairs. The terms of all members of the authority serving immediately prior to July 1, 1998, shall expire effective July 1, 1998. nine members. Initially, members shall serve staggered terms of office as follows: two members for one year, two members for two years, two members for three years, and three members for four years. Thereafter, each member shall serve for a term of four years. All members shall be appointed by the Governor and confirmed by the Senate and shall serve until the appointment and qualification of their successors. The members appointed by the Governor shall be selected from the state at large but shall be representative of all of the geographic areas of the state. Such members also shall represent the states music industry. The Governor is authorized to appoint any elected or appointed state, county, municipal, or school board official or employee, except officials and employees of the legislative or judicial branches of state government, as members of the authority, and any person so appointed is authorized to serve as a member of the authority. All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term.
(c)(1) Each member shall serve under the same terms and conditions as provided for in Code Section 50-8-4. The authority shall hold a meeting each year in July, and, at each July meeting, the authority shall elect its own officers. Officers shall serve for terms of one year each beginning with their election and qualification and ending with the election and qualification of their respective successors. No person shall hold the same office for more than one consecutive term, and no member of the authority shall hold more than any one office of the authority. No vacancy on the authority shall impair the right of the quorum to exercise all rights and perform all duties of the authority. (2) The authority is assigned to the Department of Economic Development for administrative purposes only, as specified in Code Section 50-4-3. (d) The members of the authority Each member of the authority who is not otherwise a state officer or employee shall receive for each day that such members are member is in attendance at a meeting of the authority a daily expense allowance and reimbursement for transportation costs as provided for in Code Section 45-7-21; and the. Each member of the authority who is otherwise an officer or employee of a state agency or authority may be reimbursed by that agency or authority for meals, transportation, and lodging in the usual manner authorized by law for such officers and employees. The members of the authority shall not receive any duplicate or other compensation for their services as such. Notwithstanding the foregoing, no member shall receive an expense allowance or transportation reimbursement if such member is entitled to receive an expense

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allowance, transportation reimbursement, or per diem allowance for performance of duties as a member of the Board of Community Affairs for work performed on that day.
SECTION 9. Said Title 12 is further amended by striking subsection (h) of said Code Section 12-3522, relating to the Music Hall of Fame Authority, and inserting in its place a new subsection to read as follows:
(h) The commissioner of community affairs economic development shall be the executive director of the authority. The executive director shall appoint such directors, deputies, assistants, and other staff members as may be necessary to manage the operations of the authority and may organize the authority into such divisions, sections, or offices as may be deemed necessary or convenient.
SECTION 10. Said Title 12 is further amended by striking paragraph (3) of Code Section 12-3-524, relating to the powers of the Music Hall of Fame Authority, and inserting in its place a new paragraph to read as follows:
(3) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts and fiscal agents; to contract for the services of individuals or organizations not employed full time by the authority who or which are engaged primarily in the rendition of personal services rather than the sale of goods or merchandise, such as, but not limited to, the services of accountants, engineers, architects, consultants, and advisers, and to allow suitable compensation for such services; including the power to contract with the Department of Community Affairs Economic Development or any other department for professional, technical, clerical, and administrative support as may be required and to make provisions for group insurance, retirement, or other employee benefit arrangements, provided that no part-time or contract employees shall participate in group insurance or retirement benefits;
SECTION 11. Said Title 12 is further amended by striking paragraph (23) of said Code Section 12-3524, relating to the powers of the Music Hall of Fame Authority, and inserting in its place a new paragraph to read as follows:
(23) The authority shall have the power to contract with the Department of Community Affairs Economic Development or any other department for any purpose necessary or incidental to carrying out or performing the duties, responsibilities, or functions of the authority in exercising the power and management of the authority; provided, however, that such contracts shall not delegate the authorization of the issuance of any bonds or other indebtedness of the authority. No part of the funds or assets of the authority shall be distributed to the Department of Community Affairs

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Economic Development or any other department, authority, or agency of the state unless otherwise provided by law, except that the authority shall be authorized and empowered to pay reasonable compensation for services rendered and to reimburse expenses incurred and except as may be deemed necessary or desirable by the authority to fulfill the purposes of the authority as set forth in this chapter part. Nothing in this paragraph shall be construed as precluding the provision, by the Department of Community Affairs Economic Development, any other department, authority, or agency of the state, or the authority, of joint or complementary services or programs within the scope of their respective powers.
SECTION 12. Said Title 12 is further amended by striking Code Section 12-3-534, relating to the power of the Department of Community Affairs to construct a project for the Music Hall of Fame Authority, and inserting in its place a new Code section to read as follows:
12-3-534. The Department of Community Affairs Economic Development is authorized to construct, erect, acquire, and own exercise custodial responsibility over the project, as defined in this part, the ownership of which shall be in the state. The costs of any such project may be paid from the proceeds of state general obligation or guaranteed revenue debt. The department is authorized to contract with the authority, the State Properties Commission, the Georgia State Financing and Investment Commission, or with any other department, agency, commission, board, official, or person for the construction, operation, maintenance, funding, design, or use of such project.
SECTION 13. Said Title 12 is further amended by striking Code Section 12-3-536, relating to a transfer of employees of the Music Hall of Fame Authority, and inserting in its place a new Code section to read as follows:
12-3-536. (a) Effective July 1, 1998, without diminishing the powers of the authority pursuant to Code Section 12-3-524, all personnel positions authorized by the authority in fiscal year 1998 shall be transferred to the Department of Community Affairs. All employees of the authority on June 30, 1998, whose positions are transferred by the authority to the Department of Community Affairs shall become employees of the Department of Community Affairs and shall become employees in the unclassified service of the state merit system as defined in Code Section 45-20-6. (b) Upon the effective date of this subsection, the functions of the Board of Community Affairs, Department of Community Affairs, and commissioner of community affairs respecting the Music Hall of Fame Authority are transferred to the Department of Economic Development. The commissioner of economic development and the commissioner of community affairs shall arrange administratively for the transfer of records, equipment, and facilities for such transferred functions. The

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personnel positions authorized by the Department of Community Affairs shall be transferred to the Department of Economic Development, and all employees of the Department of Community Affairs whose positions are transferred shall become employees of the Department of Economic Development with no break in service and in the classified or unclassified service as they were at the Department of Community Affairs.
SECTION 14. Said Title 12 is further amended by striking subsection (g) of Code Section 12-3-562, relating to the Sports Hall of Fame Authority, and inserting in its place a new subsection to read as follows:
(g) The authority is assigned to the Department of Community Affairs Department of Economic Development for administrative purposes only.
SECTION 15. Said Title 12 is further amended by striking Code Section 12-3-574, relating to the project of the Sports Hall of Fame Authority, and inserting in its place a new Code section to read as follows:
12-3-574. The Department of Community Affairs Economic Development is authorized to construct, erect, acquire, and own exercise custodial responsibility over the project, as defined in this part, the ownership of which shall be in the state. The costs of any such project may be paid from the proceeds of state general obligation or guaranteed revenue debt. The department is authorized to contract with the authority, the State Properties Commission, the Georgia State Financing and Investment Commission, or with any other department, agency, commission, board, official, or person for the construction, operation, maintenance, funding, design, or use of such project.
SECTION 16. Said Title 12 is further amended in Code Section 12-3-582, relating to the Golf Hall of Fame Authority, by adding a new subsection (i) to read as follows:
(i) The authority is assigned to the Department of Economic Development for administrative purposes only, as specified in Code Section 50-4-3.
SECTION 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 18. 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 125.

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick
Harbison Y Harp Y Heath E Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D E Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 125.

The Calendar was resumed.

SB 160. By Senators Pearson of the 51st, Williams of the 19th, Whitehead, Sr. of the 24th, Douglas of the 17th, Hamrick of the 30th and others:

A BILL to be entitled an Act to amend Chapter 1 of Title 32 of the O.C.G.A., relating to general provisions relative to highways, bridges, and ferries, so as to amend the definition of terms; to amend Article 2 of Chapter 6 of Title 32 of the O.C.G.A., relating to dimensions and weight of vehicles and loads, so as to remove all references to national highways; to amend Part 1 of Article 3 of Chapter 6 of Title 32 of the O.C.G.A., relating to control of signs and signals on public roads generally, so as to remove all references to a federal-aid primary road; to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the O.C.G.A.; to amend Article 8 of Chapter 6 of Title 32 of the O.C.G.A.; to amend Part 1 of Article 1 of Chapter 10 of Title 32 of the O.C.G.A.; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Senator Pearson of the 51st offered the following amendment #1:

Amend SB 160 by inserting the following after line 18 on page 6: (h) Notwithstanding any provision of this Code section to the contrary, no vehicle or combination of vehicles shall be operated over any bridge with a posted limit which is less than the total gross weight of the vehicle and its load.

On the adoption of the amendment, the yeas were 36, nays 0, and the Pearson amendment #1 was adopted.

Senator Pearson of the 51st offered the following amendment #2:

Amend SB 160 by inserting on page 1, line 22 after the word relative "to"

On the adoption of the amendment, the yeas were 36, nays 0, and the Pearson 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 Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles
Williams Y Zamarripa

On the passage of the bill, the yeas were 52, nays 1.

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SB 160, having received the requisite constitutional majority, was passed as amended.

SB 195. By Senators Schaefer of the 50th, Rogers of the 21st, Carter of the 13th, Chance of the 16th, Pearson of the 51st and others:

A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to regulate loans to and abandoned property of museums and archives repositories; to provide a short title; to define certain terms; to provide a process for establishing ownership of property loaned to museums and archives repositories; to provide for notice; to provide for other related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 54, nays 0.

SB 195, having received the requisite constitutional majority, was passed.

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At 12:08 p.m. the President announced that the Senate would stand in recess until 1:45 p.m. today.
At 1:45 p.m. the President called the Senate to order.
The Calendar was resumed.
SB 204. By Senators Kemp of the 46th, Thomas of the 54th, Zamarripa of the 36th, Goggans of the 7th, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to health records, so as to provide that any health care provider, health care facility, or health care professional may create, maintain, transmit, receive, and store medical records in an electronic format; to provide conditions; to provide for legal rights and responsibilities; to provide for tangible copies of records; to provide for costs; to repeal conflicting laws; and for other purposes.
The Senate Health and Human Services Committee offered the following substitute to SB 204:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to health records, so as to provide that any provider may create, maintain, transmit, receive, and store records in an electronic format; to provide conditions; to provide for legal rights and responsibilities; to provide for tangible copies of records; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to health records, is amended by inserting at the end thereof the following:
31-33-8. (a) Notwithstanding any other provision of the law to the contrary, any provider may, in its sole discretion, create, maintain, transmit, receive, and store records in an electronic format within the meaning of Code Section 10-12-3 and may, in its sole discretion, temporarily or permanently convert records into an electronic format. (b) A provider shall not be required to maintain separate tangible copies of electronically stored records. (c) The other provisions of this chapter shall apply to electronic records to the same

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extent as those provisions apply to tangible records. This Code section is subject to all applicable federal laws governing the security and confidentiality of a patients personal health information. (d) A tangible copy of a record reproduced from an electronically stored record shall be considered an original for purposes of providing copies to patients or other authorized parties and for introduction of the records into evidence in administrative or court proceedings. (e) Except as provided otherwise under federal law, upon receiving a request for a copy of a record from a patient or an authorized person under Code Section 31-33-3, a provider may provide copies of the record in either tangible or electronically stored
form.

SECTION 2. 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:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D N Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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On the passage of the bill, the yeas were 54, nays 1.
SB 204, having received the requisite constitutional majority, was passed by substitute.
Senator Stoner of the 6th asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused.
SR 161. By Senators Hamrick of the 30th, Tate of the 38th, Kemp of the 46th, Unterman of the 45th and Harbison of the 15th:
A RESOLUTION creating the Juvenile Code Rewrite Joint Study Committee; and for other purposes.
The Senate Judiciary Committee offered the following substitute to SR 161:
A RESOLUTION
Creating the Juvenile Law Commission; and for other purposes.
WHEREAS, the death of Amy Yates focused the publics attention on deficiencies in the juvenile justice system; and
WHEREAS, the safety and welfare of Georgias persons and property would best be served by a juvenile justice system that fairly balances the needs of children with the needs of the community and those who have been victims of delinquent acts committed by children; and
WHEREAS, the safety and welfare of Georgias children would be best served by a juvenile justice system that fairly balances the goals of family reunification and public safety with the physical and emotional well-being of the children; and
WHEREAS, the current Juvenile Code, Chapter 11 of Title 15 of the Official Code of Georgia Annotated, was enacted in 1971 based on the work and recommendations of the Delinquent Offender and Juvenile Court Study Commission created by House Resolution 621-1248 and approved on March 24, 1970 (Ga. L. 1970, p. 847); and
WHEREAS, the Juvenile Code has been amended numerous times since its enactment resulting in some provisions of the Code being confused and inconsistent; and
WHEREAS, juvenile court judges, child advocate attorneys, juvenile public defenders and attorneys who represent children, prosecuting attorneys, child welfare practitioners, law enforcement officials, and state policymakers have recognized that the existing Juvenile Code is in need of reorganization and reformation; and

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WHEREAS, the Juvenile Law Committee of the Young Lawyers Division of the State Bar of Georgia has undertaken the project of rewriting the Juvenile Code; and
WHEREAS, the safety and welfare of the public and Georgias children would be best served by a comprehensive, research based, best practices legal model that would simplify and govern juvenile practice and procedure.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Juvenile Law Commission to be composed of 25 members as follows:
(1) Three members of the Senate to be appointed by the Senate Committee on Assignments, one of whom shall be designated as the cochairperson; (2) Three members of the House of Representatives to be appointed by the Speaker of the House, one of whom shall be designated as the cochairperson; (3) The commissioner of the Department of Juvenile Justice or his or her designee; (4) The commissioner of the Department of Human Resources or his or her designee; (5) The director of the Children and Youth Coordinating Council or his or her designee; (6) A state school superintendent appointed by the State School Superintendent; (7) A juvenile court judge appointed by the Council of Juvenile Court Judges; (8) The Executive Director of the Council of Juvenile Court Judges or his or her designee; (9) A superior court judge who has served as a juvenile court judge appointed by the Council of Superior Court Judges of Georgia; (10) A criminal defense attorney who routinely defends juvenile offenders appointed by the Georgia Public Defender Standards Council; (11) The Child Advocate for the Protection of Children or his or her designee; (12) The chairperson of the Prosecuting Attorneys Council of Georgia or his or her designee; (13) A prosecuting attorney who routinely prosecutes juvenile offenders appointed by the Prosecuting Attorneys Council of the State of Georgia; (14) A special assistant attorney general appointed by the Attorney General; (15) Two members of the Juvenile Law Committee of the Young Lawyers Division of the State Bar of Georgia appointed by the Juvenile Law Committee of the Young Lawyers Division of the State Bar of Georgia; one member who has experience relating to child welfare and deprivation law; and one member who has experience relating to juvenile justice; (16) A sheriff appointed by the Governor; (17) A chief of police appointed by the Governor; (18) Two members appointed by the Governor; and (19) The legislative chairperson of the Georgia Association of Criminal Defense Lawyers or his or her designee. The Governor shall also appoint two other persons who shall serve in an advisory

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capacity to the committee. Any vacancy on the committee shall be filled by appointment by the original appointing authority.
BE IT FURTHER RESOLVED that the committee shall study the conditions, needs, issues, and problems of the juvenile justice and child welfare system in Georgia. In conducting such study, the commission shall study juvenile law and procedures in Georgia and other states and shall elicit views from experts in the field of juvenile justice and child welfare. The commission shall examine recent court decisions affecting children and shall determine what revisions to the Code, if any, are necessary and desirable. The commission shall review the range of services or sanctions that are needed by the juvenile justice and child welfare system to best serve the needs of the community, families, and children.
The commission may appoint study committees composed of members of this commission as well as public officials and citizens who have expertise or particular interest in the various areas of the juvenile justice and child welfare system. The commission shall periodically review the progress of the study committees and establish a time frame for the completion of the study committees work. After a study committee has completed its work, it shall submit its report and recommendations to the commission.
The commission shall meet for the purpose of organizing and electing such officers as it deems advisable, determining a quorum, adopting procedures for operations, and attending to such other matters as it deems appropriate within 45 days of this resolution becoming law. The date, time, and place of the first meeting shall be determined by the Governor.
The Office of Legislative Counsel shall provide staff to the commission. The commission may enter into agreements with other state agencies and public or private organizations, including the Juvenile Law Committee of the Young Lawyers Division of the State Bar of Georgia, for such additional staff or support as the commission may determine to be necessary.
The commission shall recommend to the Governor, the General Assembly, and the judiciary any action or legislation which the commission deems necessary or appropriate and shall oversee the implementation of such recommendations.
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

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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. All other funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the Senate and the 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 as provided by the rules of the Senate or the House of Representatives.

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, 2006.

This resolution shall be repealed on December 31, 2006, and the commission and all study committees shall stand abolished on December 31, 2006.

On the adoption of the substitute, the yeas were 44, nays 0, and the committee substitute was adopted.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles

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Y Harp Y Heath Y Henson

Y Seabaugh Y Seay Y Shafer,D

Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 54, nays 0.

SR 161, having received the requisite constitutional majority was adopted by substitute.

SB 13. By Senators Rogers of the 21st, Seabaugh of the 28th, Mullis of the 53rd, Hill of the 32nd and Moody of the 56th:

A BILL to be entitled an Act to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to provide a short title; to provide for definitions; to provide that the terms of gift certificates, store gift cards, and general use prepaid cards shall be disclosed at the time of purchase and through certain notifications; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate Agriculture and Consumer Affairs Committee offered the following substitute to SB 13:

A BILL TO BE ENTITLED AN ACT

To amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to provide a short title; to provide for definitions; to provide that the terms of gift certificates, store gift cards, and general use gift cards shall be disclosed at the time of purchase and through certain notifications; 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. This Act shall be known and may be cited as the "Gift Card Integrity Act of 2005."

SECTION 2. Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, is amended by striking the word "or" at the end of paragraph (31) of subsection (b), striking the period and inserting "; or" at the end of paragraph (32) of subsection (b), and adding a new paragraph (33) to subsection (b) to read as follows:

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(33)(A) For any person, firm, partnership, association, or corporation to issue a gift certificate, store gift card, or general use gift card without:
(i) Including the terms of the gift certificate, store gift card, or general use gift card in the packaging which accompanies the certificate or card at the time of purchase, as well as making such terms available upon request; and (ii) Conspicuously printing the expiration date, if applicable, on the certificate or card and conspicuously printing the amount of any dormancy or nonuse fees on:
(I) The certificate or card; or (II) A sticker affixed to the certificate or card. A gift certificate, store gift card, or general use gift card shall be valid in accordance with its terms in exchange for merchandise or services. (B) As used in this paragraph, the term: (i) 'General use gift card' means a plastic card or other electronic payment device which is usable at multiple, unaffiliated merchants or service providers; is issued in an amount which amount may or may not be, at the option of the issuer, increased in value or reloaded if requested by the holder; is purchased or loaded on a prepaid basis by a consumer; and is honored upon presentation by merchants for goods or services. (ii) 'Gift certificate' means a written promise that is usable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo; is issued in a specified amount and cannot be increased in value on the face thereof; is purchased on a prepaid basis by a consumer in exchange for payment; and is honored upon presentation for goods or services by such single merchant or affiliated group of merchants that share the same name, mark, or logo. (iii) 'Store gift card' means a plastic card or other electronic payment device which is usable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo; is issued in a specified amount and may or may not be increased in value or reloaded; is purchased on a prepaid basis by a consumer in exchange for payment; and is honored upon presentation for goods or services by such single merchant or affiliated group of merchants that share the same name, mark, or logo.
SECTION 3. This Act shall become effective on January 1, 2006, and shall apply to any gift certificates, store gift cards, or general use gift cards sold on or after such date.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Adelman of the 42nd offered the following amendment #1:
Amend the Senate Agriculture and Consumer Affairs Committee substitute to SB 13 by inserting after "fees" on line 22 on page 1 ", such fees not to exceed $1.00 per month,".

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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 Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans
Golden N Grant N Hamrick Y Harbison N Harp N Heath
Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

N Smith Y Starr N Staton N Stephens
Stoner Y Tate N Thomas,D Y Thomas,R E Thompson,C Y Thompson,S N Tolleson Y Unterman Y Walker N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 19, nays 33, and the Adelman amendment #1 was lost.

Senator Adelman of the 42nd offered the following amendment #2:

Amend the Senate Agriculture and Consumer Affairs Committee substitute to SB 13 by inserting after "services." on line 2 on page 2 the following:
No dormancy or nonuse fees shall be imposed within 12 months of the date on which a gift certificate, store gift card, or general use gift card is purchased.

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

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones

Y Smith Y Starr N Staton N Stephens
Stoner Y Tate

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N Carter N Chance N Chapman N Douglas Y Fort N Goggans N Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

N Thomas,D Y Thomas,R E Thompson,C Y Thompson,S N Tolleson Y Unterman Y Walker N Weber N Whitehead N Wiles Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 22, nays 32, and the Adelman amendment #2 was lost.

Senator Thompson of the 33rd offered the following amendment #3:

Amend the committee substitute to SB 13 by adding after line 20 on pg 2 the words: This law shall not repeal the current law concerning the Abandoned Property Act.

Creating a new Line 21 on page (2) and renumbering accordingly

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

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer

N Smith Y Starr N Staton N Stephens
Stoner Y Tate N Thomas,D Y Thomas,R E Thompson,C Y Thompson,S N Tolleson N Unterman
Walker N Weber N Whitehead N Wiles

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N Harp N Heath Y Henson

N Seabaugh Y Seay N Shafer,D

N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 19, nays 34, and the Thompson of the 33rd amendment was lost.

On the adoption of the substitute, the yeas were 47, 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 N Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens
Stoner Y Tate Y Thomas,D Y Thomas,R E Thompson,C N Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 52, nays 2.

SB 13, having received the requisite constitutional majority, was passed by substitute.

SB 93. By Senators Harp of the 29th, Tolleson of the 20th, Hamrick of the 30th, Heath of the 31st, Goggans of the 7th and others:

A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 40 of the

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Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to prohibit the use of plastic or other types of material covering license plates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate Public Safety and Homeland Security Committee offered the following substitute to SB 93:
A BILL TO BE ENTITLED AN ACT
To amend Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to prohibit the use of plastic, other types of material, or body parts covering license plates; 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 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by inserting immediately following Code Section 40-2-6 a new Code Section 40-2-6.1 to read as follows:
40-2-6.1. Any person who willfully covers any license plate with plastic, other material, or any part of his or her body in order to prevent or impede the ability of surveillance equipment to clearly photograph or otherwise obtain a clear image of the license plate is guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00.
SECTION 2. This Act shall become effective on July 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 37, nays 0, and the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody
Mullis Y Pearson Y Powell Y Reed
Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens
Stoner Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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

SB 93, having received the requisite constitutional majority, was passed by substitute.

SB 155. By Senators Tolleson of the 20th, Whitehead, Sr. of the 24th, Cagle of the 49th, Johnson of the 1st, Starr of the 44th and others:

A BILL to be entitled an Act to amend provisions of the O.C.G.A. relating to recreational vehicles; to amend Part 1 of Article 22 of Chapter 1 of Title 10 of the O.C.G.A., relating to general considerations regarding motor vehicle franchises, so as to exempt recreational vehicles from the definition of motor vehicle; to amend Chapter 1 of Title 10 of the O.C.G.A., relating to selling and other trade practices, so as to provide for definitions; to provide purposes and policies to protect recreational vehicle dealers; to provide for sales areas; to provide for changing or terminating sales areas only for good cause; to provide for notice of termination or substantial change to a sales area; to provide for repurchase of inventories by the grantor upon termination of a dealership; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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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 Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens
Stoner Y Tate Y Thomas,D N Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 52, nays 1.

SB 155, having received the requisite constitutional majority, was passed.

Senator Jones of the 10th asked unanimous consent that Senator Adelman of the 42nd be excused. The consent was granted, and Senator Adelman was excused.

SB 166. By Senators Rogers of the 21st, Hudgens of the 47th, Stephens of the 27th, Harbison of the 15th and Stoner of the 6th:

A BILL to be entitled an Act to amend Code Section 33-31-7 of the Official Code of Georgia Annotated, relating to issuance of policy or certificate of credit life insurance, so as to provide that the insurer shall deliver the policy or certificate to the insured within 90 days after the indebtedness is incurred; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

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E Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson Y Jones Y Kemp Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens
Stoner N Tate Y Thomas,D N Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 46, nays 6.

SB 166, having received the requisite constitutional majority, was passed.

SB 167. By Senators Rogers of the 21st, Hudgens of the 47th, Stephens of the 27th and Stoner of the 6th:

A BILL to be entitled an Act to amend Code Section 33-31-9 of the Official Code of Georgia Annotated, relating to refunds and credits of credit life insurance premiums, so as to provide that the insured shall notify the credit life insurer upon the early payoff of the indebtedness; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour N Brown Y Bulloch

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens

Y Smith Y Starr Y Staton Y Stephens

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N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick
Harbison Y Harp Y Heath Y Henson

Y Johnson Y Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer
Seabaugh Y Seay
Shafer,D

Y Stoner N Tate Y Thomas,D N Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman N Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 44, nays 8.

SB 167, having received the requisite constitutional majority, was passed.

SB 224. By Senators Balfour of the 9th and Henson of the 41st:

A BILL to be entitled an Act to amend Chapter 4B of Title 43 of the O.C.G.A., relating to the Georgia Athletic and Entertainment Commission, so as to revise and clarify definitions relative to the commission; to change a provision relating to the applicability of the chapter; to change a provision relating to the term of appointment for members of the commission; to provide that restrictions on members and employees of the commission apply to martial arts and wrestling in addition to boxing; to provide for the offense of promotion of unarmed combat; to provide for penalties; to revise provisions relating to taxation of promoters gross receipts; to change a provision relating to service charges for tickets sold by an authorized ticket agent; to repeal conflicting laws; and for other purposes.

Senator Balfour of the 9th offered the following amendment:

Amend SB 224 by striking line 14 of page 1 and inserting in lieu thereof the following: circumstances; to provide for exceptions; to prohibit certain practices and employment of any person or entity convicted of a felony or crime of moral turpitude; to prohibit employment of such a person or entity by certain organizations; to provide for penalties; to provide for fines and for suspension, revocation,

By striking line 25 of page 1 and inserting in lieu thereof the following:

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means a person who receives no compensation and engages in a match, contest, or exhibition of boxing, wrestling, or
By striking lines 13 through 14 of page 2 and inserting in lieu thereof the following: (M) International Sport Combat Federation; (N) Professional Karate Commission; (O) International Kick Boxing Federation; or (P) The local affiliate of any organization listed in this paragraph.
By inserting between line 14 and line 15 of page 3 the following: (9.1) 'Kickboxing' means unarmed combat involving the use of striking techniques delivered with the upper and lower body and in which the competitors remain standing while striking.
By inserting between line 23 and line 24 of page 3 the following: (10.2) 'Mixed martial arts' means unarmed combat involving the use of a combination of techniques from different disciplines of the martial arts, including but not limited to grappling, submission holds, and strikes with the upper and lower body.
By inserting between line 12 and line 13 of page 5 the following: (17.1) 'Shidokan' means unarmed combat involving three separate, segregated rounds of which karate rules and techniques are exclusively used in one round, kickboxing rules and techniques are exclusively used in one round, and grappling rules and techniques are exclusively used in one round.
By striking lines 18 through 19 of page 7 and inserting in lieu thereof the following: (M) International Sport Combat Federation; (N) Professional Karate Commission; (O) International Kick Boxing Federation; or (P) The local affiliate of any organization listed in this paragraph.
By striking lines 10 through 31 of page 12 and inserting in lieu thereof the following: (a) Notwithstanding any other provision of this chapter or any other law to the contrary, no person or entity shall directly or indirectly engage in the practice of being a promoter of kick boxing, muay thai, full-contact karate, mixed martial arts, or martial arts matches, contests, exhibitions of any type, or be employed or otherwise serve as a manager, matchmaker, or organizer for any person or entity engaged in the practice of being a promoter of kick boxing, muay thai, full-contact karate, mixed martial arts, or martial arts matches, contests, or exhibitions of any type, who has been convicted of, has pleaded guilty to, has entered a plea of nolo contendere to, or has been found guilty

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of a felony or crime of moral turpitude under the laws of this state or any offense that, had it occurred within this state, would constitute a felony or crime of moral turpitude under the laws of this state. For purposes of this Code section, a conviction shall include but not be limited to adjudication under Article 3 of Chapter 8 of Title 42. (b) Notwithstanding any other provision of this chapter or any other law to the contrary, no person or entity shall be retained, employed, or otherwise serve as a sanctioning, governing, licensing, authorizing, or ranking body or organization or act as an employee or representative thereof for any kick boxing, muay thai, full-contact karate, mixed martial arts, or martial arts matches, contests, or exhibitions of any type promoted, managed, or organized in violation of subsection (a) of this Code section. (c) Notwithstanding any other provision of this chapter or any other law to the contrary, no sanctioning, governing, licensing, authorizing, or ranking body or organization for any kick boxing, muay thai, full-contact karate, mixed martial arts, or martial arts matches, contests, or exhibitions of any type shall employ, designate, or otherwise assign or utilize any person as a representative or official who has pleaded guilty to, has entered a plea of nolo contendere to, or has been found guilty of a felony or crime of moral turpitude under the laws of this state or any offense that, had it occurred within this state, would constitute a felony or crime of moral turpitude under the laws of this state. For purposes of this Code section, a conviction shall include but not be limited to adjudication under Article 3 of Chapter 8 of Title 42. (d) The first violation of this Code section by any individual or entity shall constitute a misdemeanor of a high and aggravated nature. Any second and subsequent conviction under this Code section shall constitute a felony and shall be punished by imprisonment for not less than one nor more than five years.
By inserting between line 14 and line 15 of page 13 the following: Whether the organization requesting exemption has allowed any person who has ever pleaded guilty to, has entered a plea of nolo contendere to, or has been found guilty of a felony or crime of moral turpitude under the laws of this state or any offense that, had it occurred within this state, would constitute a felony or crime of moral turpitude under the laws of this state to act as a promoter for any match that it has sanctioned, governed, licensed, or authorized or whether it has authorized, retained, employed, or otherwise allowed such a person to act or serve as its employee or representative in connection with any match that it has sanctioned, governed, licensed, or authorized. For purposes of this Code section, a conviction shall include but not be limited to adjudication under Article 3 of Chapter 8 of Title 42. Should the commission determine that a sanctioning organization has allowed, retained, employed, or otherwise authorized such a person to act in any of the aforementioned capacities, the organization shall not be exempted from the requirements of licensure.
By striking "(1)" on line 15 of page 13 and inserting in lieu thereof "(2)"
By striking "(2)" on line 17 of page 13 and inserting in lieu thereof "(3)"

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By striking "(3)" on line 19 of page 13 and inserting in lieu thereof "(4)"

By striking "(4)" on line 21 of page 13 and inserting in lieu thereof "(5)"

By striking "(5)" on line 23 of page 13 and inserting in lieu thereof "(6)"

By striking "(6)" on line 26 of page 13 and inserting in lieu thereof "(7)"

On the adoption of the amendment, the yeas were 46, nays 0, 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 Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans
Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Starr
Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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

SB 224, having received the requisite constitutional majority, was passed as amended.

Senator Pearson of the 51st asked unanimous consent that Senator Smith of the 52nd be excused. The consent was granted, and Senator Smith was excused.

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Senator Pearson of the 51st asked unanimous consent that Senator Mullis of the 53rd be excused. The consent was granted, and Senator Mullis was excused.
SB 25. By Senators Seabaugh of the 28th, Harp of the 29th, Schaefer of the 50th, Hill of the 32nd, Pearson of the 51st and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to require certain divorcing parents to participate in education classes that focus on the effect of divorce and separation on children; to provide for legislative findings; to provide for the types of persons who can provide the education; to provide for exceptions to the education classes; to change the time limit for granting a divorce on the grounds that the marriage is irretrievably broken; to provide for different time frames for granting divorce based on certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate Judiciary Committee offered the following substitute to SB 25:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to require certain divorcing parents to participate in education classes that focus on the effect of divorce and separation on children; to provide for legislative findings; to provide for the types of persons who can provide the education; to provide for exceptions to the education classes; to change certain provisions relating to the time limit for granting a divorce on the ground that the marriage is irretrievably broken; to provide for different time frames for granting divorce based on certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, is amended by striking subsection (a) of Code Section 19-5-1, relating to granting total divorces and referral for alternative dispute resolution, and inserting in lieu thereof the following:
(a) Total divorces may be granted in proper cases by the superior court; provided, however, that the parties shall comply with Code Section 19-5-1.1 if it is applicable. Unless an issuable defense is filed as provided by law and a jury trial is demanded in writing by either party on or before the call of the case for trial, in all petitions for divorce and permanent alimony the judge shall hear and determine all issues of law and of fact and any other issues raised in the pleadings.

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SECTION 2. Said chapter is further amended by inserting a new Code section to read as follows:
19-5-1.1.
(a) The General Assembly finds that children are the innocent victims of legal separation and divorce and that, when two parties separate or divorce, there is a devastating impact on their children who have had no voice in the decision to disrupt the family. Oftentimes, these children of divorce are negatively affected academically, socially, emotionally, and psychologically as a result of the stress and trauma placed on the family by the separation or divorce and by the associated discord between their parents occasioned by the process. The General Assembly finds that severe emotional trauma to the children can have short-term and long-term negative effects on these children. The General Assembly further finds that parents pursuing legal separation and divorce may be oblivious to or attempt to deny the harm they cause their children through the separation or divorce process. The General Assembly finds that education may benefit parties considering legal separation or divorce by educating them about the short-term and long-term negative effects that such a decision may have on their children. Accordingly, the General Assembly determines and declares that it is in the best interests of the children, families, and citizens of the State of Georgia to require that, in most cases, parties to a legal separation or divorce proceeding filed pursuant to this chapter or Chapter 6 of this title who have children younger than 18 years of age or who are expecting a child undertake, within 30 days of the filing of the answer to the petition, education classes focusing on the current and future potential negative impact on children of separation or divorce.
(b)(1) Except as otherwise provided in subsection (d) of this Code section, in proceedings pursuant to this chapter in which there are dependent children of the marriage who are younger than 18 years of age or in which the wife is pregnant, the court shall order the parties seeking legal separation or divorce to participate in education classes of their choice, focusing substantially on the potential impact of separation or divorce on children. (2) The parties shall commence such education classes within 30 days after the filing of the answer to the petition for legal separation or divorce. (3) The education classes shall be provided to parties in each judicial circuit by one or more of the following:
(A) A marriage and family therapist, social worker, or professional counselor licensed pursuant to Chapter 10A of Title 43 or psychologist licensed pursuant to Chapter 39 of Title 43; (B) An unlicenced therapist acting under the supervision of a licensed marriage and family therapist, licensed psychologist, licensed social worker, or licensed professional counselor; (C) A qualified member of the clergy; or (D) A qualified person acting under the supervision of a member of the clergy. (4) Persons providing the education classes may use the curriculum developed by the Georgia Board of Professional Counselors, Social Workers, and Marriage and Family

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Therapists or such other curriculum that focuses specially on the impact of legal separation and divorce on children. (5) The education classes shall commence within 30 days after the filing of the answer to the petition for legal separation or divorce and shall consist of a minium total of four hours after the filing of the answer to the petition, unless the parties reconcile prior to completion of the education classes. Counseling in which the parties have participated at any time within six months prior to the filing of the answer to the petition shall also count toward the hourly requirements set forth in this paragraph, if such counseling focused substantially on the potential impact on children of separation or divorce. The parties may elect to participate in the education classes together or separately. Whether the parties participate in the education classes together or separately, each party shall participate for a total of four hours. (6) After a party has successfully completed the education classes, the person providing the education classes shall provide the participating party with a certificate of completion or a letter of verification or some other written documentation indicating successful completion of the education classes. The person providing education classes shall also provide to the party a list of resources for mental health counseling, marital counseling, child counseling, and other support services that may be available in the community to the party and the partys children. (7) The court shall either provide payment for indigent parties to complete the education classes required by this Code section or shall waive such requirement. (c) The parties may elect to attend the education classes together unless one of the following circumstances exist: (1) A protective order has been issued against one of the parties pursuant to Article 1 of Chapter 13 of this title; (2) There have been allegations of violence within the marriage; or (3) One of the parties prefers to attend the education class without his or her spouse. (d) The court shall not require the education classes prescribed in subsection (b) of this Code section if: (1) Service of process was satisfied by publication and the whereabouts of one of the parties cannot be determined; (2) One of the parties to the marriage at the time of the action is serving a sentence in the Department of Corrections; (3) The youngest child of the parties is within six months of his or her eighteenth birthday; (4) One of the parties to the proceeding does not live in this state; or (5) The parties have been living separate and apart for more than five years. (e) If the petition for legal separation or divorce is not dismissed, the costs, if any, associated with the education classes required by subsection (b) of this Code section shall be paid by the participating parties in accordance with each partys ability to pay, as the court deems appropriate.
SECTION 3.

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Said chapter is further amended by striking paragraph (13) of Code Section 19-5-3, relating to grounds for divorce, and inserting in lieu thereof the following:
(13) The marriage is irretrievably broken. Under no circumstances shall the court grant a divorce on this ground until not less than 30 days from the date of service on the respondent and as further provided in Code Section 19-5-3.1.
SECTION 4. Said chapter is further amended by inserting a new Code section to follow Code Section 19-5-3, relating to grounds for divorce, to read as follows:
19-5-3.1. (a) Except as provided in subsection (c) of this Code section, a court shall grant a divorce only after 120 days from the date of service on the respondent where the parties do not have children who are 18 years of age or younger. (b) Except as provided in subsection (c) of this Code section, a court shall grant a divorce only after 180 days from the date of service on the respondent where the parties have children who are younger than 18 years of age. (c) The waiting periods provided by this Code section shall be waived where either party has obtained a protective order pursuant to Article 1 of Chapter 13 of this title or where either party submits a confidential affidavit to the court for in camera inspection, a verified petition, a verified answer, or a verified responsive pleading, which alleges specific facts establishing probable cause that family violence as defined by Code Section 19-13-1 has occurred in the past.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Seabaugh of the 28th offered the following amendment:
Amend the Senate Judiciary Committee substitute to SB 25 by inserting before the word "to" on line 8 of page 1 the following:
to provide for an effective date and applicability; .
By inserting between lines 26 and 27 of page 4 the following: SECTION 4.1.
This Act shall become effective on July 1, 2005. This Act shall apply only to causes of action arising on or after July 1, 2005. Any cause of action arising prior to that date shall continue to be governed by the laws in effect at the time such cause of action arose. .
On the adoption of the amendment, the yeas were 29, nays 1, and the Seabaugh amendment was adopted.
On the adoption of the substitute, the yeas were 36, nays 5, and the committee substitute

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was adopted as amended.

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

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

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody E Mullis Y Pearson N Powell Y Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

E Smith Y Starr Y Staton Y Stephens N Stoner N Tate Y Thomas,D N Thomas,R E Thompson,C N Thompson,S Y Tolleson Y Unterman N Walker Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 36, nays 17.

SB 25, having received the requisite constitutional majority, was passed by substitute.

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

Mr. President:

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

HB 340.

By Representatives Hembree of the 67th, Richardson of the 19th, Smith of the 113th, Smith of the 129th, Royal of the 171st and others:

A BILL to be entitled an Act to amend Code Section 50-18-72 of the

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Official Code of Georgia Annotated, relating to when public disclosure of records is not required, so as to provide that records maintained by public postsecondary educational institutions in this state and associated foundations of such institutions that contain personal information concerning donors or potential donors to such institutions or foundations shall not be subject to disclosure; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senator Carter of the 13th asked unanimous consent that Senator Harp of the 29th be excused. The consent was granted, and Senator Harp was excused.
Senator Seay of the 34th asked unanimous consent that Senator Reed of the 35th be excused. The consent was granted, and Senator Reed was excused.
The Calendar was resumed.
SB 134. By Senators Kemp of the 46th, Harbison of the 15th, Fort of the 39th, Zamarripa of the 36th and Stephens of the 27th:
A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the Department of Juvenile Justice operate certain programs for persons who violate the terms and conditions of probation; to provide that the Department of Juvenile Justice operate certain community based alternative programs under certain circumstances; to change provisions relating to disposition of a delinquent child; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate Judiciary Committee offered the following substitute to SB 134:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change provisions relating to disposition of a delinquent child; to provide for certain circumstances under which a child may be ordered to serve time in a youth development center; to change the length of commitment to a youth development center; to provide that the Department of Juvenile Justice or juvenile courts establish certain community based alternative programs; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking subsection (b) of Code Section 15-11-66, relating to disposition of a delinquent child, and inserting in lieu thereof the following:
(b) At the conclusion of the dispositional hearing provided in subsection (a) of Code Section 15-11-65, if the child is found to have committed a delinquent act, the court may, in addition to any other treatment or rehabilitation, suspend the drivers license of such child for any period not to exceed the date on which the child becomes 18 years of age or, in the case of a child who does not have a drivers license, prohibit the issuance of a drivers license to such child for any period not to exceed the date on which the child becomes 18 years of age. The court shall retain the drivers license for a period of suspension and return it to the offender at the end of such period. The court shall notify the Department of Motor Vehicle Safety of any such actions taken pursuant to this subsection. If the child is adjudicated for the commission of a delinquent act, the court may in its discretion in those cases involving a felony, misdemeanor of a high and aggravated nature involving bodily injury or harm or substantial likelihood of bodily injury or harm, or violation of probation involving another delinquent act and upon the court making a finding of fact that the child has failed to respond to the graduated alternative sanctions established by the Department of Juvenile Justice or the juvenile court, whichever provides for the supervision of the child, in addition to any other treatment or rehabilitation, order the child to serve up to a maximum of 90 60 days in a youth development center, or after assessment and with the courts approval, in a treatment program provided by the Department of Juvenile Justice or the juvenile court. A child ordered to a youth development center under this subsection and detained in a secured facility pending placement in the youth development center shall be given credit for time served in the secured facility awaiting placement. The Department of Juvenile Justice or the juvenile court, whichever is supervising the child, shall establish a graduated alternative sanctions program.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Senators Kemp of the 46th, Hamrick of the 30th, Brown of the 26th, Harbison of the 15th and Miles of the 43rd offered the following amendment:
Amend the Senate Judiciary Committee substitute to SB 134 by inserting after the designation "(b)" on line 13 of page 1, the number "(1)" and by striking the underscored wording on lines 23 through 26 of page 1 and lines 1 and 2 of page 2 and inserting in lieu thereof the following:
in those cases involving: (A) a violation of probation involving another adjudicated delinquent act and upon the court making a finding of fact that the child has failed to respond to the graduated alternative sanctions set forth in paragraph (2) of this subsection; (B) an offense that would be a felony if committed by an adult; or (C) an

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offense that would be a misdemeanor of a high and aggravated nature if committed by an adult and involving bodily injury or harm or substantial likelihood of bodily injury or harm, . By striking the matter after the period on line 8 of page 2 and inserting in lieu thereof the following: (2) The Department of Juvenile Justice, in conjunction with the Council of Juvenile Court Judges of Georgia, shall establish and monitor a graduated alternative sanctions program for children on probation. The graduated alternative sanctions program shall be implemented in each judicial circuit in consultation with the judge of the juvenile court. The graduated alternative sanctions program may include, but shall not be limited to, community service, electronic monitoring, increased reporting or intensive supervision, home confinement, day or evening reporting centers, or treatment intervention.'

On the adoption of the amendment, the yeas were 38, nays 1, and the Kemp et al. amendment was adopted.

On the adoption of the substitute, the yeas were 39, nays 1, and the committee substitute was adopted as amended.

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

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

Y Adelman Y Balfour Y Brown N Bulloch Y Butler Y Cagle N Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans N Golden Y Grant Y Hamrick Y Harbison E Harp N Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp N Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D N Thomas,R E Thompson,C Y Thompson,S N Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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On the passage of the bill, the yeas were 46, nays 7.

SB 134, having received the requisite constitutional majority, was passed by substitute.

SB 208. By Senators Meyer von Bremen of the 12th, Stephens of the 27th, Thomas of the 54th, Hooks of the 14th and Carter of the 13th:

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 create a state-wide central registry for traumatic brain and spinal cord injuries; to change certain definitions; to require that certain information relating to brain or spinal cord injured persons be reported to the Brain and Spinal Injury Trust Fund Commission; to provide for certain duties of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison E Harp Y Heath Y Henson

Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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

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SB 208, having received the requisite constitutional majority, was passed.

SB 150. By Senators Zamarripa of the 36th, Williams of the 19th, Reed of the 35th, Moody of the 56th, Adelman of the 42nd and others:

A BILL to be entitled an Act to provide a short title; to amend Part 1 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative to the State Road and Tollway Authority, so as to provide that the authority shall implement a program to provide for the development and expansion of streetcar transportation and attendant economic and community development opportunities; to provide for related matters; to provide an effective date; to repeal a specific law; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman N Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison E Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D
Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 1.

SB 150, having received the requisite constitutional majority, was passed.

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The following resolution was read and put upon its adoption:
HR 392. By Representative Keen of the 179th:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, unless otherwise provided by subsequent resolution of the General Assembly, the meeting dates and dates of adjournment for the 2005 regular session of the General Assembly for the period of March 3, 2005, through March 14, 2005, shall be as follows:
Thursday, March 3 .........................................in session for legislative day 27 Friday, March 4..............................................in session for legislative day 28 Saturday, March 5 ..........................................in adjournment Sunday, March 6 ............................................in adjournment Monday, March 7 ...........................................in adjournment Tuesday, March 8...........................................in adjournment Wednesday, March 9......................................in adjournment Thursday, March 10 .......................................in session for legislative day 29 Friday, March 11............................................in session for legislative day 30 Saturday, March 12 ........................................in session for legislative day 31 Sunday, March 13 ..........................................in adjournment Monday, March 14 .........................................in session for legislative day 32
BE IT FURTHER RESOLVED that on and after March 14, 2005, the periods of adjournment of the 2005 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2005 regular session, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at the close of the legislative day on each Friday on which the General Assembly is in session and shall reconvene on the following Monday.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House. On the adoption of the resolution, the yeas were 46, nays 0, and the resolution was adopted.
The following communications were received by the Secretary:

Committees:

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Senator Judson Hill District 32 327-B Legislative Office Building Atlanta, GA 30334

Health and Human Services Judiciary Regulated Industries and Utilities Retirement

The State Senate Atlanta, Georgia 30334

3/3/05

Frank Eldridge, Jr. Secretary of the Senate

I wish to withdraw my sponsorship from SB 232. Please remove my name from support of this Bill.

/s/ Judson Hill

Senator David Shafer District 48 109 State Capitol Atlanta, GA 30334

Committees: Science and Technology Insurance and Labor Banking and Financial Institutions Reapportionment and Redistricting Regulated Industries and Utilities

The State Senate Atlanta, Georgia 30334

STATEMENT BY MEMBERS OF THE SENATE INSURANCE AND LABOR COMMITTEE DISSENTING FROM THE
ACTION ON SENATE BILL 102

The undersigned members of the Senate Insurance and Labor Committee, who were absent when the Committee acted on Senate Bill 102, join Senator Don Balfour, Senator Dan Moody and Senator Sam Zamarripa in opposing the Bill.

A bill having the same effect as Senate Bill 102 was vetoed by Governor Sonny Perdue during the last term of the General Assembly.

Senate Bill 102 is opposed by Insurance Commissioner John Oxendine, the professional staff of the Insurance Department, the American Cancer Society, the American Diabetes Association, the Georgia Breast Cancer Coalition Fund, the Georgia Ob/Gyn Society, the Georgia Chapter of the American Academy of Pediatrics, the Georgia Chiropractic Association, the Georgia Optometric Association, the Georgia Psychological Association,

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the Georgia Society of Clinical Social Workers, the Healthy Babies Coalition of Georgia, the Georgia Association of Health Plans, and Blue Cross Blue Shield of Georgia, among others.
A majority of the members of the Senate Insurance and Labor Committee oppose Senate Bill 102.
Senate Bill 102 did not appear on the notice or agenda of the meeting at which it was considered. Copies of the bill were not made available to the members of the Committee at the meeting at which it was considered.
The motion to favorably report Senate Bill 102 was made without notice and passed by a temporary majority unrepresentative of the membership of the Committee. The motion passed by a vote of four to three, with Senator Don Balfour, Senator Dan Moody and Senator Sam Zamarripa voting against, and with five members being absent. Within minutes of the vote, four of the five absent members joined the meeting.
When the full membership of the Committee had assembled, two of the absent members of the Committee moved to reconsider the vote. The motion was properly made pursuant to Section 635, Paragraph 2 of Mason's Legislative Manual. No vote on the motion to reconsider was allowed.
We believe that the will of the Committee has been thwarted by lack of notice, unfair surprise and procedural error. We urge that the Bill be returned to the Committee for full and proper consideration.
/s/ Senator David Shafer of the 48th /s/ Senator Tim Golden of the 8th /s/ Senator Robert Brown of the 26th /s/ Senator Ed Harbison of the 15th
Senator Stephens of the 27th moved that the Senate adjourn until 9:00 a.m. Friday, March 4, 2005.
The motion prevailed, and the President announced the Senate adjourned at 4:56 p.m.

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Senate Chamber, Atlanta, Georgia Friday, March 4, 2005
Twenty-eighth Legislative Day
The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President.
Senator Williams of the 19th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The 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 58. HB 106.

By Representatives Powell of the 29th and Rice of the 51st:
A BILL to be entitled an Act to enact the "Working Against Recidivism Act"; to provide a short title and legislative findings; to amend Chapters 1, 5, and 10 of Title 42 of the O.C.G.A., relating respectively to general provisions relative to penal institutions, state and county correctional institutions, and correctional industries, so as to authorize work programs employing inmates as voluntary, paid labor for privately owned profitmaking employers producing goods, services, or goods and services for sale to public or private purchasers under certain circumstances; to provide for rules and regulations; to provide for federal certification and state operation of such programs; to provide for compensation for state costs and use of state resources; to provide for compliance with federal law; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the state sexual offender registry, so

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HB 116. HB 211. HB 254.
HB 390.

as to change the definition of the term "sexually violent offense"; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain definitions regarding such taxation; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Heard of the 104th, Smith of the 129th, Stephens of the 164th, Burkhalter of the 50th, Coan of the 101st and others:
A BILL to be entitled an Act to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the ad valorem taxation of motor vehicles and mobile homes, so as to provide that aircraft held in inventory for resale shall be exempt from taxation; to provide for definitions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
By Representatives Knox of the 24th, Keen of the 179th, Ralston of the 7th and Ehrhart of the 36th:
A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the O.C.G.A., relating to general provisions of courts, so as to authorize the establishment of drugs courts divisions within certain courts; to provide for assignment of certain cases to a drug court division; to provide for jurisdiction; to provide for judges and their appointment, designation, and terms; to provide for district attorneys, public defenders, a clerk, probation officers, and other employees; to authorize agreements with other courts and agencies for the assignment of personnel to such court; to authorize judges to complete a planned program of instruction; to provide for powers and duties of the drug court division; to provide for expenses; to provide for admissibility of certain matters in certain proceedings; to provide for access to certain information and confidentiality; to provide for costs; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representatives Scott of the 153rd and Brown of the 69th:
A BILL to be entitled an Act to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to create a State Commission on the Efficacy of the Certificate of Need Program; to provide for legislative intent; to provide for

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HB 392. HB 394. HB 440.

composition of the commission and the commissions powers and duties; to provide for compensation of the members of the commission; to provide for officers of the commission; to provide for a quorum for the transaction of business; to provide for a final report; to provide for related matters; to provide an effective date; to provide for automatic repeal on a certain date; to repeal conflicting laws; and for other purposes.
By Representatives Brown of the 69th, Harbin of the 118th, Keen of the 179th, Cooper of the 41st and Scheid of the 22nd:
A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the O.C.G.A., relating to indigent and elderly patients, so as to provide for a quality assessment fee on care management organizations to be used to obtain federal financial participation for medical assistance payments; to provide for authority; to provide for definitions; to establish a segregated account within the Indigent Care Trust Fund for the deposit of assessment fees; to provide for a method for calculating and collecting the assessment fees; to authorize the Department of Community Health to inspect records of care management organizations; to provide for penalties for failure to pay an assessment fee; to provide for the collection of assessment fees by civil action and tax liens; to provide for the appropriation of funds in the segregated account for medical assistance payments; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Walker of the 107th, Willard of the 49th and O`Neal of the 146th:
A BILL to be entitled an Act to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to the protection of disabled adults and elder persons, so as to revise a definition; to revise certain provisions relating to investigation of reports of need for protective services; to amend Code Section 31-8-116 of the Official Code of Georgia Annotated, relating to involuntary transfer of residents discharged from a facility and return to facility after transfer, so as to revise the notification provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representatives Yates of the 73rd, Freeman of the 140th, Lakly of the 72nd, Warren of the 122nd and Thomas of the 100th:
A BILL to be entitled an Act to amend Code Section 38-4-70 of the Official Code of Georgia Annotated, relating to the establishment of cemeteries and eligibility for interment, so as to remove the residency requirement for

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HB 487. HB 496. HB 600. HB 611.

Georgia veterans eligible for interment in a veterans cemetery; to repeal conflicting laws; and for other purposes.
By Representatives Roberts of the 154th, McCall of the 30th, Floyd of the 147th, Royal of the 171st, Ray of the 136th and others:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to change the exemption regarding electricity sales for irrigation of farm crops; to repeal conflicting laws; and for other purposes.
By Representatives Smith of the 70th, McCall of the 30th, Manning of the 32nd, Jones of the 46th, Reese of the 98th and others:
A BILL to be entitled an Act to amend Code Section 12-5-375 of the Official Code of Georgia Annotated, relating to inventory and classification of dams, investigations, technical assistance to local government, artificial barriers, and requirements, so as to provide that the director of the Environmental Protection Division of the Department of Natural Resources shall provide the clerk of the superior court of each county with information relating to dams; to provide that the clerk shall maintain such information; to repeal conflicting laws; and for other purposes.
By Representatives Mills of the 25th, Reece of the 27th, Rogers of the 26th and Benton of the 31st:
A BILL to be entitled an Act to amend an Act providing a method of compensating the members of the board of education of Hall County, approved February 25, 1991 (Ga. L. 1991, p. 3504), so as to change certain provisions regarding the amount of such compensation; to provide for the automatic repeal of this Act; to repeal conflicting laws; and for other purposes.
By Representatives Channell of the 116th and Hudson of the 124th:
A BILL to be entitled an Act to create the Eatonton-Putnam Water and Sewer Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, fines, charges and earnings of the authority, contract payments to the authority and from other moneys pledged therefor and authorize the collection and pledging of the revenues, tolls, fees, fines, charges and earnings of the authority for the payment of such revenue bonds; to authorize the execution

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of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to make the revenue bonds of the authority exempt from taxation; to provide for the validation of bonds; to repeal conflicting laws; and for other purposes.

HB 617.

By Representative Amerson of the 9th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Dahlonega, approved April 12, 1982 (Ga. L. 1982, p. 4354), as amended, so as to provide for election and terms of office of subsequent mayors and councilmembers; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

HB 627.

By Representative Hanner of the 148th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new Charter for the City of Preston in the County of Webster," approved May 17, 2004 (Ga. L. 2004, p. 4127), so as to provide for the continuation in office of the mayor and commissioners; to provide for terms and elections; to provide for an effective date; to repeal conflicting laws; and for other purposes.

HB 636.

By Representatives Mumford of the 95th, Mangham of the 94th, Stephenson of the 92nd and Sailor of the 93rd:
A BILL to be entitled an Act to amend an Act to provide a homestead exemption from City of Conyers ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for each resident of the City of Conyers, which is in lieu of and not in addition to any other homestead exemption applicable to City of Conyers ad valorem taxes for municipal purposes, approved April 19, 2001 (Ga. L. 2001, p. 4394), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5082), so as to increase the homestead exemption to $20,000.00; to provide for conditions and procedures relating thereto; to provide for a referendum; to provide for applicability; to provide an effective date and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

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HB 639. HB 641. HB 642. HB 650.

By Representative Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Ellaville, approved April 8, 2002 (Ga. L. 2002, p. 3839), as amended, so as to authorize the city council to appoint the same individual as both city manager and city clerk; to provide for the duties and powers of such city official; to repeal conflicting laws; and for other purposes.
By Representatives Reese of the 98th, Mills of the 25th and Coan of the 101st:
A BILL to be entitled an Act to provide for a homestead exemption from City of Buford ad valorem taxes for municipal purposes in the amount of $22,000.00 of the assessed value of the homestead after a five-year phase-in period for residents of the City of Buford; 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 Representatives Reese of the 98th, Mills of the 25th and Coan of the 101st:
A BILL to be entitled an Act to provide for a homestead exemption from City of Buford ad valorem taxes for municipal purposes for the full value of the homestead for residents of that city who are 70 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
By Representatives Johnson of the 37th, Dollar of the 45th, Teilhet of the 40th, Parsons of the 42nd, Tumlin of the 38th and others:
A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4834) and by an Act approved May 17, 2004 (Ga. L. 2004, p. 3838), so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

HR 92.

By Representatives Burkhalter of the 50th, Lewis of the 15th and Forster of the 3rd:

A RESOLUTION creating the Joint House and Senate LNG and Natural Gas Infrastructure Study Committee; and for other purposes.

HR 166. By Representative Barnard of the 166th:

A RESOLUTION authorizing the conveyance of certain state owned real property located in Brantley County, Georgia; authorizing the conveyance of certain state owned real property located in Chatham County, Georgia; authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia; authorizing the leasing of certain state owned property located in Fulton County, Georgia; authorizing the conveyance of certain state owned real property located in Fulton County, Georgia; authorizing the conveyance of certain state owned real property located in Jackson County, Georgia; authorizing the conveyance of certain state owned real property located in Meriwether County, Georgia; to repeal conflicting laws; and for other purposes.

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

SB 309. By Senators Golden of the 8th and Bulloch of the 11th:

A BILL to be entitled an Act to amend an Act providing a new charter for the City of Thomasville, approved March 30, 1990 (Ga. L. 1990, p. 5051), as amended, so as to change the method of filling vacancies on the board of education of the independent school district of the City of Thomasville; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

SB 310. By Senator Brown of the 26th:

A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the public employees insurance and benefits plans, so as to provide for a sliding scale premium program based upon family income to ensure access to affordable health care insurance for low-wage state employees and their dependents; to provide for legislative

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findings; to provide for definitions; to provide for related matters; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 311. By Senators Reed of the 35th, Zamarripa of the 36th, Jones of the 10th, Thompson of the 33rd and Brown of the 26th:
A BILL to be entitled an Act to amend an Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census, approved April 4, 1996 (Ga. L. 1996, p. 627), as amended, so as to change the provisions relating to the jurisdiction and venue of such courts; to change the provisions relating to the number, compensation, and retention of judges of such courts; to provide that any judge whose position has been abolished by ordinance, in accordance with the provisions of this Act, shall not be eligible to retain judicial office; to change the provisions relating to the solicitor and assistant solicitors of such courts and their number, appointment, and terms; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 312. By Senator Whitehead, Sr. of the 24th:
A BILL to be entitled an Act to amend an Act providing for the election of the Board of Education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, particularly by an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 336), and by an Act approved April 25, 2002 (Ga. L. 2002, p. 4528), so as to change provisions relating to education districts for the board; to define certain terms; to provide for the manner and dates of election of members of the board; to provide for related matters; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 313. By Senators Tolleson of the 20th, Adelman of the 42nd, Mullis of the 53rd, Henson of the 41st, Balfour of the 9th and others:
A BILL to be entitled an Act to amend Code Section 16-13-21 of the Official Code of Georgia Annotated, relating to definitions relative to regulation of

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controlled substances, so as to revise the definition of "practitioner"; to amend Article 1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to the "Georgia Registered Professional Nurse Practice Act," so as to provide for an advanced practice registered nurse to submit or transmit drug orders; to amend Code Section 43-34-26.1 of the Official Code of Georgia Annotated, relating to delegation of authority to a nurse or physicians assistant, so as to provide for delegation of authority to advanced practice registered nurses to execute drug orders; to delete a provision relating to a Drug Enforcement Administration license; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 314. By Senators Grant of the 25th, Hill of the 4th, Williams of the 19th and Hooks of the 14th:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to wardens, superintendents, and other personnel of state and county correctional institutions, so as to provide for the responsibilities of wardens of state correctional institutions with regard to commissaries for inmates; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State Institutions and Property Committee.
SB 315. By Senators Balfour of the 9th, Thomas of the 54th, Mullis of the 53rd, Carter of the 13th, Hudgens of the 47th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to provide for direct billing of anatomic pathology services; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 316. By Senators Chance of the 16th, Carter of the 13th, Stephens of the 27th, Schaefer of the 50th, Douglas of the 17th and others:
A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 12 of Title 16 of the O.C.G.A., relating to crimes involving obscenity and related matters and minors, so as to change provisions relating to the crime of electronically furnishing obscene material to minors; to provide that a person commits this crime if such person furnishes to an individual whom the person

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knows or should have known is a minor any product which contains or reveals or gives access to any user name, log-in code, password, number, or other information which enables a person to access one or more Internet sites containing certain material which is harmful to minors in that it appeals to and incites prurient interest; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Science and Technology Committee.

The following House legislation was read the first time and referred to committee:
HB 58. By Representatives Powell of the 29th and Rice of the 51st:
A BILL to be entitled an Act to enact the "Working Against Recidivism Act"; to provide a short title and legislative findings; to amend Chapters 1, 5, and 10 of Title 42 of the O.C.G.A., relating respectively to general provisions relative to penal institutions, state and county correctional institutions, and correctional industries, so as to authorize work programs employing inmates as voluntary, paid labor for privately owned profit-making employers producing goods, services, or goods and services for sale to public or private purchasers under certain circumstances; to provide for rules and regulations; to provide for federal certification and state operation of such programs; to provide for compensation for state costs and use of state resources; to provide for compliance with federal law; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State Institutions and Property Committee.
HB 106. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the state sexual offender registry, so as to change the definition of the term "sexually violent offense"; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 116. By Representative O`Neal of the 146th:
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

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to change certain definitions regarding such taxation; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 211. By Representatives Heard of the 104th, Smith of the 129th, Stephens of the 164th, Burkhalter of the 50th, Coan of the 101st and others:
A BILL to be entitled an Act to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the ad valorem taxation of motor vehicles and mobile homes, so as to provide that aircraft held in inventory for resale shall be exempt from taxation; to provide for definitions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 254. By Representatives Knox of the 24th, Keen of the 179th, Ralston of the 7th and Ehrhart of the 36th:
A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the O.C.G.A., relating to general provisions of courts, so as to authorize the establishment of drugs courts divisions within certain courts; to provide for assignment of certain cases to a drug court division; to provide for jurisdiction; to provide for judges and their appointment, designation, and terms; to provide for district attorneys, public defenders, a clerk, probation officers, and other employees; to authorize agreements with other courts and agencies for the assignment of personnel to such court; to authorize judges to complete a planned program of instruction; to provide for powers and duties of the drug court division; to provide for expenses; to provide for admissibility of certain matters in certain proceedings; to provide for access to certain information and confidentiality; to provide for costs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 340. By Representatives Hembree of the 67th, Richardson of the 19th, Smith of the 113th, Smith of the 129th, Royal of the 171st and others:
A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required, so as to provide that records maintained by public postsecondary educational institutions in this state and associated foundations of such

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institutions that contain personal information concerning donors or potential donors to such institutions or foundations shall not be subject to disclosure; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.
HB 390. By Representatives Scott of the 153rd and Brown of the 69th:
A BILL to be entitled an Act to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to create a State Commission on the Efficacy of the Certificate of Need Program; to provide for legislative intent; to provide for composition of the commission and the commissions powers and duties; to provide for compensation of the members of the commission; to provide for officers of the commission; to provide for a quorum for the transaction of business; to provide for a final report; to provide for related matters; to provide an effective date; to provide for automatic repeal on a certain date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
HB 392. By Representatives Brown of the 69th, Harbin of the 118th, Keen of the 179th, Cooper of the 41st and Scheid of the 22nd:
A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the O.C.G.A., relating to indigent and elderly patients, so as to provide for a quality assessment fee on care management organizations to be used to obtain federal financial participation for medical assistance payments; to provide for authority; to provide for definitions; to establish a segregated account within the Indigent Care Trust Fund for the deposit of assessment fees; to provide for a method for calculating and collecting the assessment fees; to authorize the Department of Community Health to inspect records of care management organizations; to provide for penalties for failure to pay an assessment fee; to provide for the collection of assessment fees by civil action and tax liens; to provide for the appropriation of funds in the segregated account for medical assistance payments; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

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HB 394. By Representatives Walker of the 107th, Willard of the 49th and O`Neal of the 146th:
A BILL to be entitled an Act to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to the protection of disabled adults and elder persons, so as to revise a definition; to revise certain provisions relating to investigation of reports of need for protective services; to amend Code Section 31-8-116 of the Official Code of Georgia Annotated, relating to involuntary transfer of residents discharged from a facility and return to facility after transfer, so as to revise the notification provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
HB 440. By Representatives Yates of the 73rd, Freeman of the 140th, Lakly of the 72nd, Warren of the 122nd and Thomas of the 100th:
A BILL to be entitled an Act to amend Code Section 38-4-70 of the Official Code of Georgia Annotated, relating to the establishment of cemeteries and eligibility for interment, so as to remove the residency requirement for Georgia veterans eligible for interment in a veterans cemetery; to repeal conflicting laws; and for other purposes.
Referred to the Veterans and Military Affairs Committee.
HB 487. By Representatives Roberts of the 154th, McCall of the 30th, Floyd of the 147th, Royal of the 171st, Ray of the 136th and others:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to change the exemption regarding electricity sales for irrigation of farm crops; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 496. By Representatives Smith of the 70th, McCall of the 30th, Manning of the 32nd, Jones of the 46th, Reese of the 98th and others:
A BILL to be entitled an Act to amend Code Section 12-5-375 of the Official Code of Georgia Annotated, relating to inventory and classification of dams, investigations, technical assistance to local government, artificial barriers, and requirements, so as to provide that the director of the Environmental Protection Division of the Department of Natural Resources shall provide the clerk of the

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superior court of each county with information relating to dams; to provide that the clerk shall maintain such information; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

HB 600. By Representatives Mills of the 25th, Reece of the 27th, Rogers of the 26th and Benton of the 31st:
A BILL to be entitled an Act to amend an Act providing a method of compensating the members of the board of education of Hall County, approved February 25, 1991 (Ga. L. 1991, p. 3504), so as to change certain provisions regarding the amount of such compensation; to provide for the automatic repeal of this Act; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 611. By Representatives Channell of the 116th and Hudson of the 124th:
A BILL to be entitled an Act to create the Eatonton-Putnam Water and Sewer Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, fines, charges and earnings of the authority, contract payments to the authority and from other moneys pledged therefor and authorize the collection and pledging of the revenues, tolls, fees, fines, charges and earnings of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to make the revenue bonds of the authority exempt from taxation; to provide for the validation of bonds; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 617. By Representative Amerson of the 9th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Dahlonega, approved April 12, 1982 (Ga. L. 1982, p. 4354), as amended, so as to provide for election and terms of office of subsequent mayors and councilmembers; to provide for submission of this Act for

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preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 627. By Representative Hanner of the 148th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new Charter for the City of Preston in the County of Webster," approved May 17, 2004 (Ga. L. 2004, p. 4127), so as to provide for the continuation in office of the mayor and commissioners; to provide for terms and elections; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 636. By Representatives Mumford of the 95th, Mangham of the 94th, Stephenson of the 92nd and Sailor of the 93rd:
A BILL to be entitled an Act to amend an Act to provide a homestead exemption from City of Conyers ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for each resident of the City of Conyers, which is in lieu of and not in addition to any other homestead exemption applicable to City of Conyers ad valorem taxes for municipal purposes, approved April 19, 2001 (Ga. L. 2001, p. 4394), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5082), so as to increase the homestead exemption to $20,000.00; to provide for conditions and procedures relating thereto; to provide for a referendum; to provide for applicability; to provide an effective date and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 639. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Ellaville, approved April 8, 2002 (Ga. L. 2002, p. 3839), as amended, so as to authorize the city council to appoint the same individual as both city manager and city clerk; to provide for the duties and powers of such city official; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 641. By Representatives Reese of the 98th, Mills of the 25th and Coan of the 101st:
A BILL to be entitled an Act to provide for a homestead exemption from City of Buford ad valorem taxes for municipal purposes in the amount of $22,000.00 of the assessed value of the homestead after a five-year phase-in period for residents of the City of Buford; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 642. By Representatives Reese of the 98th, Mills of the 25th and Coan of the 101st:
A BILL to be entitled an Act to provide for a homestead exemption from City of Buford ad valorem taxes for municipal purposes for the full value of the homestead for residents of that city who are 70 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 650. By Representatives Johnson of the 37th, Dollar of the 45th, Teilhet of the 40th, Parsons of the 42nd, Tumlin of the 38th and others:
A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4834) and by an Act approved May 17, 2004 (Ga. L. 2004, p. 3838), so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HR 92. By Representatives Burkhalter of the 50th, Lewis of the 15th and Forster of the 3rd:

A RESOLUTION creating the Joint House and Senate LNG and Natural Gas Infrastructure Study Committee; and for other purposes.

Referred to the Regulated Industries and Utilities Committee.

HR 166. By Representative Barnard of the 166th:

A RESOLUTION authorizing the conveyance of certain state owned real property located in Brantley County, Georgia; authorizing the conveyance of certain state owned real property located in Chatham County, Georgia; authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia; authorizing the leasing of certain state owned property located in Fulton County, Georgia; authorizing the conveyance of certain state owned real property located in Fulton County, Georgia; authorizing the conveyance of certain state owned real property located in Jackson County, Georgia; authorizing the conveyance of certain state owned real property located in Meriwether County, Georgia; to repeal conflicting laws; and for other purposes.

Referred to the State Institutions and Property Committee.

The following committee reports were read by the Secretary:

Mr. President:

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

SB 290

Do Pass

Respectfully submitted, Senator Bulloch of the 11th 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 22 HB 293

Do Pass Do Pass by substitute

SB 250 SB 291

Do Pass by substitute Do Pass

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HB 384 Do Pass

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

Mr. President:

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

SB 192 SB 217 SB 218 SB 234 SB 236

Do Pass

SB 268

Do Pass

Do Pass by substitute

SB 284

Do Pass

Do Pass by substitute

SB 286

Do Pass

Do Pass

SB 298

Do Pass

Do Pass

Respectfully submitted,

Senator Hudgens of the 47th District, Chairman

Mr. President:

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

HB 264 Do Pass by substitute

Respectfully submitted, Senator Harbison of the 15th District, Chairman

Mr. President:

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

SB 2 SB 153 SB 232

Do Pass Do Pass Do Pass by substitute

SB 269 SB 301

Do Pass Do Pass

Respectfully submitted, Senator Smith of the 52nd District, Chairman

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Mr. President:

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

SB 277 SB 283

Do Pass by substitute Do Pass by substitute

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

Mr. President:

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

SB 267 SB 308

Do Pass by substitute Do Pass as amended

Respectfully submitted, Senator Kemp of the 46th District, Chairman

Mr. President:

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

SB 113 SB 145

Do Pass as amended 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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963

SB 180 SB 64

Do Pass Pursuant to Senate Rule 2-1.10(b), referred to Rules Committee.

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 507 SB 246 SB 247 SB 260 SB 275

Do Pass Do Pass Do Pass Do Pass Do Pass

SB 276 SB 282 SB 287 SR 88

Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, Senator Wiles of the 37th District, Chairman

Senator Stephens of the 27th asked unanimous consent that the Order of Business be changed in order to receive committee reports until noon today.
The consent was granted and the Order of Business was changed.

The following legislation was read the second time:

HB 272 SB 98 SB 231

SB 258 SB 266

SB 270 SB 272

SB 285 SR 129

SR 280 SR 282

SR 304 SR 305

Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Henson of the 41st be excused. The consent was granted, and Senator Henson was excused.
Senator Hooks of the 14th asked unanimous consent that Senator Harp of the 29th be excused. The consent was granted, and Senator Harp was excused.
Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

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

Adelman Balfour Brown Bulloch Cagle Carter Chance Chapman Douglas Fort Goggans Golden Grant Hamrick Harbison Heath Hill,Jack

Hill,Judson Hooks Hudgens Johnson Jones Me V Bremen Miles Moody Mullis Pearson Powell Rogers Schaefer Seabaugh Seay Shafer,D Smith

Starr Staton Stephens Stoner Tate Thomas,D Thomas,R Thompson,C Tolleson Unterman Walker Weber Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Butler Kemp

Harp (Excused) Reed

Henson (Excused) Thompson, S (Excused)

The members pledged allegiance to the flag.

Senator Adelman of the 42nd introduced the chaplain of the day, Rabbi Norry of Atlanta, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 335. By Senators Jones of the 10th, Henson of the 41st, Miles of the 43rd, Weber of the 40th, Butler of the 55th and others:

A RESOLUTION commending Southwest DeKalb High School; and for other purposes.

SR 336. By Senator Meyer von Bremen of the 12th:

A RESOLUTION congratulating Mr. J. Skylar Martin on his selection as International President of Sertoma Clubs; and for other purposes.

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SR 337. By Senators Smith of the 52nd, Meyer von Bremen of the 12th and Goggans of the 7th:
A RESOLUTION expressing regret at the passing of Sean Wilkinson and Clay McKemie; and for other purposes.
SR 338. By Senators Unterman of the 45th, Hill of the 4th, Johnson of the 1st, Stephens of the 27th, Balfour of the 9th and others:
A RESOLUTION acknowledging the contributions of senior Georgians and establishing the week of February 28 through March 4 as Senior Week at the Capitol; and for other purposes.
SR 339. By Senators Smith of the 52nd, Thomas of the 54th, Mullis of the 53rd, Heath of the 31st and Hill of the 32nd:
A RESOLUTION commending the Spring Training Steering Committee sponsors for the regional health promotion program and health fair and declaring April "Spring Training Month" in Northwest Georgia; and for other purposes.
SR 340. By Senators Moody of the 56th and Wiles of the 37th:
A RESOLUTION commending Peter Witte, the Conductor and Music Director of the Atlanta Wind Symphony; and for other purposes.
SR 341. By Senators Moody of the 56th and Wiles of the 37th:
A RESOLUTION commending the Atlanta Wind Symphony and its conductor, Peter Witte; and for other purposes.
SR 342. By Senators Stephens of the 27th, Grant of the 25th, Hudgens of the 47th, Hooks of the 14th, Hill of the 4th and others:
A RESOLUTION celebrating and honoring the life of Mrs. Tillie K. Fowler; and for other purposes.
SR 343. By Senators Wiles of the 37th, Stephens of the 27th, Johnson of the 1st, Rogers of the 21st, Balfour of the 9th and others:
A RESOLUTION honoring the memory of Rick Mahler and expressing regret at his passing; and for other purposes.

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SR 345. By Senators Thomas of the 2nd, Johnson of the 1st, Chapman of the 3rd, Williams of the 19th and Hill of the 4th:

A RESOLUTION recognizing and commending the Georgia Ports Authority on the occasion of its 60th anniversary; and for other purposes.

Senator Thompson of the 5th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused.

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

SENATE LOCAL CONSENT CALENDAR

Friday, March 4, 2005 Twenty-eighth Legislative Day

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

HB 507

Goggans of the 7th ATKINSON COUNTY

A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Atkinson County, approved April 5, 1993 (Ga. L. 1993, p. 4771), as amended, so as to change the compensation of the members of the board of education; to repeal conflicting laws; and for other purposes.

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

SB 246

Unterman of the 45th Cagle of the 49th CITY OF BUFORD

A BILL to be entitled an Act to provide for a homestead exemption from City of Buford ad valorem taxes for municipal purposes in the amount of $22,000.00 of the assessed value of the homestead after a

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five-year phase-in period for residents of the City of Buford; 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 247

Unterman of the 45th Cagle of the 49th CITY OF BUFORD

A BILL to be entitled an Act to provide for a homestead exemption from City of Buford ad valorem taxes for municipal purposes for the full value of the homestead for residents of that city who are 70 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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

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

Adelman Y Balfour Y Brown Y Bulloch
Butler Y Cagle Y Carter
Chance Y Chapman Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison E Harp Y Heath E Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson Y Jones Y Kemp E Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner
Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles
Williams Y Zamarripa

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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.
Senator Moody of the 56th asked unanimous consent that Senator Williams of the 19th be excused. The consent was granted, and Senator Williams was excused.
Senator Fort of the 39th asked unanimous consent that Senator Tate of the 38th be excused. The consent was granted, and Senator Tate was excused.

HB 197 SB 69 SR 213 SB 136 SB 139 SB 109 SB 216 SB 6 SB 103

SENATE RULES CALENDAR FRIDAY, MARCH 4, 2005
TWENTY-EIGHTH LEGISLATIVE DAY
Abortion; Woman's Right to Know Act; enact (H&HS-54th) Burmeister-119th
License Plates, Special; Choose Life, Inc. provide issuance, renewal, fees (PS&HS-53rd)
McIver III, Claud Lee; appointment to State Election Board (SLGO(G)-37th)
Juvenile Proceedings; bail for delinquent children (JUDY-52nd)
Torts; liquefied petroleum gas providers; limit liability/damages (Substitute)(JUDY-28th)
Pain Management Ad Hoc Advisory Committee; establish; membership; duties (Substitute)(H&HS-45th)
Public Libraries; delete references; State Law Library (S JUDY-32nd)
Criminal Background Checks; authorize national exchange of information (S JUDY-6th)
Athletic Associations; establish criteria according to student enrollment (ED&Y-37th)

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SB 130

Private Property; removal/storage of vehicles; churches exempt regulation provision (Substitute)(S JUDY-43rd)

Respectfully submitted,

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

Senator Unterman of the 45th moved to engross HB 197, which was on today's Senate Rules Calendar.

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

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance N Chapman Y Douglas N Fort Y Goggans E Golden Y Grant Y Hamrick N Harbison E Harp Y Heath E Henson

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson N Jones N Kemp E Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell
Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Smith N Starr Y Staton Y Stephens N Stoner E Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson Y Unterman N Walker
Weber Y Whitehead Y Wiles E Williams N Zamarripa

On the motion to engross, the yeas were 29, nays 19; the motion passed, and HB 197 was engrossed.

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

HB 197. By Representatives Burmeister of the 119th, Mills of the 25th, Smith of the 168th, Walker of the 107th, Fleming of the 117th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 15 of the O.C.G.A., relating to parental notification, so as to define and eliminate

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certain terms; to require certain types of identification to be presented in order for a physician to perform an abortion; to amend Chapter 12 of Title 16 of the O.C.G.A., relating to offenses against health and morals, so as to provide that all abortions must be performed in certain facilities; to provide for certain reports by physicians; to provide for certain forms; to provide for certain reports by the Department of Human Resources; to provide for penalties and remedies for failure to provide such reports; to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion; to require that certain information be provided to or made available to a female prior to an abortion; to provide for an effective date; to repeal conflicting laws; 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:

N Adelman Y Balfour N Brown
Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison E Harp Y Heath E Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson N Jones Y Kemp Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner E Tate Y Thomas,D N Thomas,R Y Thompson,C N Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 41, nays 10.

HB 197, having received the requisite constitutional majority, was passed.

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The following communications were received by the Secretary:

Senator Vincent Fort District 39 305 Legislative Office Building Atlanta, GA 30334

Committees: Appropriations Education and Youth Retirement Reapportionment and Redistricting Special Judiciary

The State Senate Atlanta, Georgia 30334

3/4/05

Please record me as voting against HB 197.

/s/ Vincent Fort

Senator Curt Thompson District 5 323-B Legislative Office Building Atlanta, GA 30334

Committees: Economic Development Higher Education State Institutions and Property Veterans and Military Affairs

The State Senate Atlanta, Georgia 30334

I should have been recorded as a "No" vote on H.B. 197. My computer was pushing against my "yes" button and I did not realize it changed my vote.

/s/ Curt Thompson

The Calendar was resumed.

SB 69. By Senators Mullis of the 53rd, Schaefer of the 50th, Stephens of the 27th, Smith of the 52nd, Rogers of the 21st and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special and distinctive Choose Life, Inc., license plates; to provide for issuance, renewal, fees, licensing agreements, applications, transfers, and disposition of funds relative to such license plates; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Senators Butler of the 55th, Brown of the 26th, Adelman of the 42nd, Seay of the 34th, Thomas of the 2nd and others offered the following amendment #1:
Amend SB 69 by inserting after "plates;" in line 4 on page 1 the following: to provide for special and distinctive Georgians for Choice, Inc., license plates; .
By redesignating Section 2 as Section 3 and inserting after line 21 on page 2 the following:
SECTION 2. Said article is further amended by adding a new Code Section 40-2-86.11 to read as follows:
'40-2-86.11. (a) The commissioner, in cooperation with Georgians for Choice, Inc., shall design a special license plate to be issued displaying the Georgians for Choice, Inc., logo. The words 'Pro-Family, Pro-Choice' must appear at the bottom. The Georgians for Choice, Inc., license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six. It shall not be a requirement that a county name decal shall be fixed and displayed on license plates issued under this Code section. (b) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received such licenses or other permissions as may be required to implement this Code section. The design of the initial edition of the Georgians for Choice, Inc., license plates, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (c) Beginning in calendar year 2006, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $25.00 in addition to the regular motor vehicle registration fee, shall be issued a Georgians for Choice, Inc., license plate. Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $25.00 annual registration fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the

FRIDAY, MARCH 4, 2005

973

state as provided in Code Section 40-2-34. (d) An applicant may request a Georgians for Choice, Inc., license plate any time during the applicants registration period. If such a license plate is to replace a current valid license plate, the Georgians for Choice, Inc., license plate shall be issued with appropriate decals attached. (e) Georgians for Choice, Inc., license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-42. (f) Georgians for Choice, Inc., license plates shall be issued within 30 days of application.'

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

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison E Harp N Heath Y Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

N Smith N Starr N Staton N Stephens Y Stoner E Tate N Thomas,D
Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman Y Walker Y Weber N Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 20, nays 33, and the Butler et al. amendment #1 was lost.

Senators Thompson of the 33rd, Mullis of the 53rd, Johnson of the 1st and Starr of the 44th offered the following amendment #2:

Amend SB 69 by adding a new paragraph on page (2) and a new line (6) and renumbering the remaining language, to read as follows; This act, all requirements and sections of the same shall also apply to a tag to be created and designed to read; "Adopt A Child."

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On the adoption of the amendment, the yeas were 48, nays 0, and the Thompson of the 33rd 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:

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison E Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner E Tate Y Thomas,D
Thomas,R N Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker N Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 42, nays 11.

SB 69, having received the requisite constitutional majority, was passed as amended.

Senator Wiles of the 37th introduced the doctor of the day, Dr. Bob Hopper.

SR 344. By Senators Johnson of the 1st and Thomas of the 2nd:
A RESOLUTION recognizing and honoring the St. Patricks Day Parade Committee, Chairman Dave Roberts, the 2005 St. Patricks Day Parades Grand Marshal Daniel Sheehan, and inviting them to appear before the House of Representatives; and for other purposes.

FRIDAY, MARCH 4, 2005

975

Senators Johnson of the 1st and Thomas of the 2nd recognized representatives of St. Patrick's Day in Savannah, Georgia, commended by SR 344.

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

Mr. President:

The House has adopted the report of the Committee of Conference on the following Bill of the House:

HB 84.

By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th and Keen of the 179th:

A BILL to be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 2004-2005, known as the "General Appropriations Act," approved May 17, 2004 (Ga. L. 2004, p. 994.) and for other purposes.

Senator Johnson of the 1st assumed the Chair.

The Calendar was resumed.

SR 213. By Senators Wiles of the 37th, Johnson of the 1st, Stephens of the 27th, Balfour of the 9th, Seabaugh of the 28th and others:

A RESOLUTION appointing Claud Lee McIver III to the State Election Board; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody

Y Smith Y Starr Y Staton Y Stephens Y Stoner E Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S

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Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison E Harp Y Heath Y Henson

Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 50, nays 0.

SR 213, having received the requisite constitutional majority, was adopted.

The President resumed the Chair.

The following bill was taken up to consider the Conference Committee Report thereto:

HB 84. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th and Keen of the 179th:

A BILL to be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 2004-2005, known as the "General Appropriations Act," approved May 17, 2004 (Ga. L. 2004, p. 994.) and for other purposes.

The Conference Committee Report was as follows:

The Committee of Conference on HB 84 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 84 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Hill of the 4th /s/ Senator Stephens of the 27th /s/ Senator Williams of the 19th

/s/ Representative Harbin of the 118th /s/ Representative Keen of the 179th /s/ Representative Burkhalter of the 50th

CONFERENCE COMMITTEE SUBSTITUTE TO HB 84:

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977

A BILL TO BE ENTITLED AN ACT
To amend an Act providing appropriations for the State Fiscal Year 2004-2005 known as the "General Appropriations Act", approved June 4, 2004 (Ga. L. 2004, p. 710), so as to change certain appropriations for the State Fiscal Year 2004-2005; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing appropriations for the State Fiscal Year 2004-2005, as amended, known as the "General Appropriations Act" approved June 4, 2004 (Ga. L. 2004, p. 710), is further amended by striking everything following the enacting clause through Section 68, and by substituting in lieu thereof the following:

"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 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, reserves, new revenues, and a revenue estimate of $15,433,095,934 (excluding reserve funds, lottery receipts, tobacco fund receipts and brain and spinal injury trust fund 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

$ 32,854,358 $ 17,878,402 $ 5,265,355 $ 2,642,726 $ 85,000 $ 1,500 $0 $0 $ 679,058 $ 9,950 $ 7,000 $ 546,420 $ 157,234 $ 104,000 $ 3,018,027 $ 712,686

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JOURNAL OF THE SENATE

Photography Expense Reimbursement Account
Total Funds Budgeted State Funds Budgeted Senate Program Budgets
Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Senate Budget Office Total
House Program Budgets
House of Representatives

Total Funds $ 5,992,559 $ 870,398 $ 1,175,715 $ 569,599 $ 8,608,271
Total Funds $ 16,083,520

$ 95,000 $ 1,652,000 $ 32,854,358 $ 32,854,358
State Funds $ 5,992,559 $ 870,398 $ 1,175,715 $ 569,599 $ 8,608,271
State Funds $ 16,083,520

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

Total Funds $ 2,580,036 $ 2,246,193 $ 3,141,223 $ 195,115 $ 8,162,567

State Funds $ 2,580,036 $ 2,246,193 $ 3,141,223 $ 195,115 $ 8,162,567

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 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

FRIDAY, MARCH 4, 2005

979

Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications
Total Funds Budgeted State Funds Budgeted

$ 28,193,466 $ 24,206,416 $ 849,490 $ 400,000 $0 $ 20,000 $ 1,106,000 $ 176,000 $0 $ 1,113,500 $ 322,060 $ 28,193,466 $ 28,193,466

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
Total Funds Budgeted

$ 165,228,101 $ 16,468,418 $ 112,279,695 $ 5,397,197 $ 2,186,869 $ 144,925 $ 800,000 $ 31,008,043 $ 168,285,147

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State Funds Budgeted Judicial Branch Functional Budgets
Supreme Court Court of Appeals Superior Court - Judges Superior Court - District Attorneys Council of Juvenile Court Judges Institute of Continuing Judicial Education Judicial Council Judicial Qualifications Commission Georgia Public Defender Standards Council Georgia Office Of Dispute Resolution Council of Superior Court Clerks Total

Total Funds $ 7,526,705 $ 11,889,673 $ 50,431,872 $ 47,781,447 $ 1,410,096 $ 1,126,382 $ 16,356,425 $ 253,951 $ 31,008,043 $ 355,628 $ 144,925 $ 168,285,147

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

$ 165,228,101
State Funds $ 7,526,705 $ 11,799,673 $ 50,431,872 $ 46,014,401 $ 1,410,096 $ 1,126,382 $ 16,356,425 $ 253,951 $ 29,808,043 $ 355,628 $ 144,925 $ 165,228,101
$ 35,557,790 $ 19,501,718 $ 2,740,194 $ 293,660 $ 20,418 $ 125,582 $ 132,900,000 $ 4,164,991 $ 1,129,002 $ 393,740 $ 1,002,436 $ 1,783,435 $0 $0 $ 612,556 $ 3,245,600 $0 $ 60,473 $ 35,590 $ 60,500 $0 $ 18,114,112 $ 87,994 $ 186,272,001 $ 35,557,790

FRIDAY, MARCH 4, 2005

981

Administration Risk Management State Purchasing Fleet Management 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

Total Funds $ 5,741,742 $ 137,548,208 $ 6,722,240 $ 2,198,220 $ 371,055 $ 2,017,271 $ 983,555 $ 162,659 $ 134,316 $ 907,453 $ 2,682,946 $ 19,242,169 $ 4,299,014 $ 554,541 $ 2,706,612 $ 186,272,001

State Funds $ 3,167,683 $0 $ 6,569,180 $ 411,113 $ 371,055 $0 $0 $ 70,810 $0 $ 887,209 $ 527,435 $ 18,971,225 $ 3,697,706 $ 554,541 $ 329,833 $ 35,557,790

Section 5. Department of Agriculture.

State Funds

$ 35,801,505

Personal Services

$ 31,795,106

Regular Operating Expenses

$ 3,850,488

Travel

$ 1,043,708

Motor Vehicle Purchases

$0

Equipment

$ 291,598

Computer Charges

$ 664,341

Real Estate Rentals

$ 1,188,343

Telecommunications

$ 363,509

Per Diem and Fees

$ 33,500

Contracts

$ 1,341,998

Market Bulletin Postage

$ 566,619

Payments to Athens and Tifton Veterinary Laboratories

$ 3,189,678

Poultry Veterinary Diagnostic Laboratories in Canton, Dalton,

Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe $ 2,889,986

Veterinary Fees

$ 142,000

Indemnities

$ 10,000

Advertising Contract

$ 425,000

Renovation, Construction, Repairs and Maintenance

Projects at Major and Minor Markets

$ 653,000

Capital Outlay

$0

Contract - Federation of Southern Cooperatives

$ 37,050

Boll Weevil Eradication Program

$0

Total Funds Budgeted

$ 48,485,924

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State Funds Budgeted Departmental Program Budgets
Consumer Protection Marketing and Promotion Administration Total

Total Funds $ 33,856,636 $ 8,627,048 $ 6,002,240 $ 48,485,924

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

Total Funds

Financial Institution Supervision

$ 6,073,756

Mortgage Supervision

$ 1,740,512

Chartering, Licensing and Applications/

Non-Mortgage Entities

$ 310,441

Consumer Assistance and Protection

$ 384,393

Administration

$ 1,678,111

Total

$ 10,187,213

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

$ 35,801,505
State Funds $ 25,894,854 $ 5,053,867 $ 4,852,784 $ 35,801,505
$ 10,187,213 $ 8,745,751 $ 269,025 $ 308,557 $0 $ 2,347 $ 170,978 $ 565,436 $ 113,120 $ 11,999 $0 $ 10,187,213 $ 10,187,213
State Funds $ 6,073,756 $ 1,740,512
$ 310,441 $ 384,393 $ 1,678,111 $ 10,187,213
$ 28,904,881 $ 47,123,333 $ 23,333,506 $ 1,892,412 $ 668,662 $0 $ 166,022 $ 573,436 $ 1,438,176 $ 522,658

FRIDAY, MARCH 4, 2005

Per Diem and Fees

Contracts

Contracts for Regional Planning and Development

Local Assistance Grants

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

GHFA- Life Sciences Facilities 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

$ 4,142,175

Homeownership Programs

$ 4,014,155

Rental Housing Programs

$ 62,665,992

Special Housing Initiatives

$ 3,951,209

Building Construction

$ 446,404

Coordinated Planning

$ 3,575,243

Federal Community and Economic

Development Programs

$ 38,201,865

State Economic Development Programs

$ 5,410,586

State Community Development Programs

$ 1,167,790

Georgia Music Hall of Fame

$ 1,181,557

Environmental Education and Assistance

$ 708,399

Regional Services

$ 1,538,482

Data and Research

$ 633,706

Pass - Thru

$ 767,258

Georgia Environmental Facilities Authority

$ 275,000

Georgia Sports Hall of Fame

$ 716,733

983
$ 972,363 $ 539,025 $ 1,779,593 $ 354,356 $ 163,000 $ 30,000,000 $ 5,000,000 $ 3,122,606 $0 $ 2,778,750 $ 2,667,600 $0 $0 $ 50,000,000 $ 694,687 $ 2,000,000 $0 $ 275,000 $ 716,733 $ 4,334,685 $ 47,123,333 $ 181,116,603 $ 47,123,333 $ 28,904,881
State Funds $ 1,643,402 $0 $ 3,122,606 $ 2,778,750 $ 274,682 $ 3,575,243
$ 1,216,511 $ 5,398,699 $ 1,167,790 $ 752,935 $ 708,399 $ 1,538,482 $ 633,706 $ 767,258 $ 275,000 $ 716,733

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Georgia Regional Transportation Authority One Georgia Total

$ 4,334,685 $ 47,385,364 $ 181,116,603

$ 4,334,685 $ 47,123,333 $ 76,028,214

Section 8. Department of Community Health.

A. Budget Unit: State Funds - Medicaid Services

$ 1,903,105,744

Tobacco Funds

$ 53,116,681

Personal Services

$ 32,418,706

Regular Operating Expenses

$ 7,897,760

Travel

$ 286,359

Motor Vehicle Purchases

$0

Equipment

$ 79,120

Computer Charges

$ 137,324,177

Real Estate Rentals

$ 1,793,945

Telecommunications

$ 895,502

Per Diem and Fees

$ 1,350,873

Contracts

$ 109,246,438

HMO Contracts

$ 533,800,000

Medicaid Benefits, Penalties and Disallowances

$ 5,828,078,719

Audit Contracts

$ 1,097,500

Special Purpose Contracts

$0

Purchase of Service Contracts

$ 183,244

Grant in Aid to Counties

$ 544,826

Health Insurance Payments

$ 1,500,000,000

Medical Fair

$ 49,511

Loan Repayment Program

$ 300,757

Medical Scholarships

$ 728,000

Capitation Contracts for Family Practice Residency

$ 3,646,792

Residency Capitation Grants

$ 1,941,782

Student Preceptorships

$0

Medical Student Capitation

$ 3,428,706

Mercer School of Medicine Grant

$ 17,960,862

Morehouse School of Medicine Grant

$ 10,141,628

SREB Payments

$0

Pediatric Residency Capitation

$ 418,046

Preventive Medicine Capitation

$ 96,965

Total Funds Budgeted

$ 8,193,710,218

Tobacco Funds Budgeted

$ 53,116,681

State Funds Budgeted

$ 1,903,105,744

Departmental Program Budgets

Total Funds State Funds

Medicaid

$ 6,074,025,978 $ 1,866,868,226

State Health Benefit Plan

$ 2,050,946,015 $ 33,956,708

FRIDAY, MARCH 4, 2005

985

Health Care Regulation and Licensing

$ 3,797,281

$ 3,480,585

Health Care Access and Improvement

$ 3,759,666

$ 3,115,776

Health Care Workforce Planning and Development $ 0

$0

Administration

$ 21,708,670 $ 9,328,522

State Medical Education Board

$ 1,308,374

$ 1,308,374

Georgia Board for Physician Workforce

$ 38,164,234 $ 38,164,234

Total

$ 8,193,710,218 $ 1,956,222,425

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

$ 74,759,356 $ 4,970,705 $ 378,174 $ 165,254 $ 45,000 $0 $0 $0 $0 $0 $0 $ 10,304,101 $ 275,827,891 $ 286,720,420 $ 4,970,705 $ 74,759,356

Section 9. Department of Corrections. State Funds - Administration, Institutions and Probation Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges

$ 891,749,240 $ 541,203,430 $ 57,373,951 $ 1,521,452 $ 412,720 $ 2,550,374 $ 5,211,166

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Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Capital Outlay

Utilities

Court Costs

County Subsidy

County Subsidy for Jails

County Workcamp Construction Grants

Central Repair Fund

Payments to Central State Hospital for Meals

Payments to Central State Hospital for Utilities

Payments to Public Safety for Meals

Inmate Release Fund

Health Services Purchases

University of Georgia - College of Veterinary Medicine Contracts

Minor Construction Fund

Total Funds Budgeted

Indirect DOAS Funding

State Funds Budgeted

Departmental Program Budgets

Total Funds

Administration

$ 52,504,120

State Prisons

$ 420,572,274

Probation Supervision

$ 64,439,011

Health

$ 148,419,005

Food and Farm Operations

$ 13,444,942

Offender Management

$ 55,803,694

Private Prisons

$ 71,470,468

Transition Centers

$ 21,575,036

Probation Detention Centers

$ 41,965,660

Parole Revocation Centers

$ 3,894,640

Probation Diversion Centers

$ 14,433,111

Bainbridge PSATC

$ 3,231,577

Probation Boot Camps

$ 5,163,846

Total

$ 916,917,384

Section 10. Department of Defense. State Funds Personal Services Regular Operating Expenses Travel

$ 7,690,886 $ 6,793,332 $ 67,637 $ 74,381,622 $0 $ 26,914,847 $ 1,300,000 $ 37,726,400 $ 11,882,282 $0 $0 $ 4,268,025 $ 1,627,150 $ 577,160 $ 1,450,000 $ 133,515,006 $ 449,944 $0 $ 916,917,384 $ 450,000 $ 891,749,240
State Funds $ 50,218,120 $ 411,404,486 $ 64,439,011 $ 139,954,796 $ 13,213,217 $ 55,803,694 $ 71,470,468 $ 21,575,036 $ 40,422,991 $ 3,834,992 $ 11,244,419 $ 3,203,788 $ 4,964,222 $ 891,749,240
$ 7,965,274 $ 17,588,478 $ 24,245,519 $ 90,875

FRIDAY, MARCH 4, 2005

Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Capital Leases
Total Funds Budgeted State Funds Budgeted Departmental Program Budgets
Readiness Civil Support Facilities Administration Total

Total Funds $ 462,902 $ 7,767,361 $ 33,802,959 $ 2,672,963 $ 44,706,185

Section 11. Department of Early Care and Learning. State Funds Pre Kindergarten - Grants Pre Kindergarten - Personal Services Pre Kindergarten - Operations Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay Federal Programs Standards of Care
Total Funds Budgeted Lottery Funds Budgeted State Funds Budgeted Departmental Program Budgets
Total Funds

987
$0 $ 52,800 $ 68,625 $ 43,211 $ 1,020,852 $ 1,341,895 $ 244,000 $0 $ 9,930 $ 44,706,185 $ 7,965,274
State Funds $ 462,902 $ 2,956,475 $ 2,110,817 $ 2,435,080 $ 7,965,274
$ 3,175,976 $ 269,169,866 $ 2,168,985 $ 4,909,478 $ 3,330,263 $ 29,783 $ 43,283 $0 $0 $0 $ 5,000 $ 198,750 $ 3,000 $ 10,007 $0 $0 $ 88,195,529 $ 891,055 $ 368,954,999 $ 276,248,329 $ 3,175,976
State Funds

497

988

JOURNAL OF THE SENATE

Child Care Services Nutrition Pre-Kindergarten Program Quality Initiative Total

$ 3,620,086 $ 88,000,835 $ 276,463,932 $ 870,146 $ 368,954,999

Section 12. Department of Economic Development.

State Funds

Tobacco Funds

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Local Welcome Center Contracts

Marketing

Waterway Development in Georgia

Georgia World Congress Center

Total Funds Budgeted

Tobacco Funds Budgeted

State Funds Budgeted

Departmental Program Budgets

Total Funds

Administration

$ 4,043,836

Recruitment, Expansion and Retention

$ 4,541,337

Tourism Sales

$ 2,295,581

Tourism Marketing and Promotion

$ 6,299,467

Regional Existing Business/

Entrepreneurial Development

$ 1,929,226

International Trade Development and

Special Projects

$ 1,080,295

Export Assistance/Statewide Outreach

$ 753,931

Office of Science and Technology

Business Development

$ 1,551,526

Product Development

$ 994,860

Communication, Policy and Research Development $ 1,086,574

Film, Music and Video

$ 899,378

International Protocol

$ 195,970

$ 3,175,976 $0 $0 $0 $ 3,175,976
$ 25,671,981 $0 $ 12,111,235 $ 1,228,173 $ 564,656 $0 $ 15,597 $ 376,336 $ 198,884 $ 402,305 $ 15,000 $ 1,569,044 $ 238,070 $ 8,952,681 $0 $0 $ 25,671,981 $0 $ 25,671,981
State Funds $ 4,043,836 $ 4,541,337 $ 2,295,581 $ 6,299,467
$ 1,929,226
$ 1,080,295 $ 753,931
$ 1,551,526 $ 994,860 $ 1,086,574 $ 899,378 $ 195,970

FRIDAY, MARCH 4, 2005

989

Total

$ 25,671,981 $ 25,671,981

Section 13. 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 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: Student Achievement Grants Next Generation School Grants

$ 6,056,383,640 $0
$ 45,748,450 $ 7,831,097 $ 1,570,996 $0 $ 219,497 $ 1,193,504 $ 4,832,437 $ 22,654,923 $ 13,021,306 $ 815,976 $ 771,396 $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 $ 149,198,288 $ 922,876,443 $ 151,866,803 $ (1,263,578,713) $ 105,870,069 $ 85,056,285
$ 345,185,556 $ 6,352,443 $ 826,722
$ 7,640,465 $ 100,000

498

990

JOURNAL OF THE SENATE

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 Even Start Family Literacy Instructional Services for the Handicapped Retirement (H.B. 272 and H.B. 1321) Tuition for the Multi-Handicapped PSAT School Lunch (Federal) School Lunch (State) 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 Charter Schools Refugee School Impact State and Local Education Improvement Health Insurance - Non-Cert. Personnel and Retired Teachers Migrant Education (State) Regional Education Service Agencies Severely Emotionally Disturbed Georgia Learning Resources System Special Education at State Institutions Byrd Honor Scholarships 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

$ 3,811,974 $ 7,906,138 $ 35,572,883
$ 18,888,697 $0 $ 6,391,803 $ 259,777,567 $ 5,508,750 $ 1,658,859 $ 719,129 $ 188,375,722 $ 35,221,838 $0 $ 1,851,164 $ 657,400 $ 23,501,959 $ 1,099,132 $0 $ 3,163,000 $ 752,037 $ 6,879,395 $ 639,390 $0 $ 107,826,070 $ 267,535 $ 11,183,730 $ 65,852,330 $ 5,117,573 $ 3,556,873 $ 1,212,000 $0 $ 9,228,679 $0 $ 5,361,125 $0 $ 30,000,000 $ 28,115,683 $ 18,368,090 $ 3,644,339 $ 11,636,228 $ 1,320,623 $0

FRIDAY, MARCH 4, 2005

991

Knowledge is Power Program

$0

Postsecondary Options

$0

Comprehensive School Reform

$ 17,222,647

Georgia Virtual School

$ 500,000

Title I-A Improving Basic Programs - LEA's

$ 311,537,540

Title I-B Reading First

$ 50,116,464

Title I-C Migrant Education

$ 8,548,626

Title I-D Neglected and Delinquent

$ 2,000,255

Title II Math/Science Grant

$ 4,212,377

Title II-A Improving Teacher Quality

$ 72,520,695

Title II-D Enhancing Education Thru Technology

$ 19,170,536

Title III-A English Language

$ 10,629,204

Title IV-A1, Safe and Drug Free Schools

$ 9,386,637

Title IV-B 21st Century Communication

$ 27,235,252

Title V Innovative Programs

$ 7,410,479

Title VI-A State Assessment Programs

$ 9,704,191

Title VI-B Rural and Low-Income

$ 6,946,366

Temporary QBE Reduction

$ (332,835,102)

Austerity Adjustments

$0

Total Funds Budgeted

$ 7,210,043,539

Indirect DOAS Services Funding

$0

Tobacco Funds Budgeted

$0

State Funds Budgeted

$ 6,056,383,640

Departmental Program Budgets

Total Funds State Funds

Central Office

$ 10,928,672 $ 9,094,458

School Improvement

$ 50,002,463 $ 14,361,768

Curriculum

$ 93,095,203 $ 33,391,148

Testing

$ 32,593,802 $ 22,498,626

Special Education

$ 367,247,030 $ 88,100,710

State Schools

$ 20,000,631 $ 19,032,646

Limited English Proficient

$ 11,200,380 $ 0

Staff Development

$ 83,122,758 $ 10,602,063

Core K-12

$ 5,901,435,400 $ 5,500,443,006

Remedial Education

$0

$0

Alternative Education

$ 3,320,878 $ 1,320,623

Student Excellence

$ 2,603,743 $ 1,391,743

Technology Career Education

$ 42,731,566 $ 15,534,051

Agriculture Education

$ 8,355,551 $ 7,454,774

Health and Nutrition

$ 257,745,074 $ 35,421,953

Transportation and Facilities

$ 153,509,545 $ 153,509,545

Data Collection and Technology Services

$ 23,382,471 $ 14,346,851

School Leadership

$ 5,361,125 $ 5,361,125

499

992

JOURNAL OF THE SENATE

RESAs Pass Through Funds 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
Section 14. 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 Georgia Military Pension Fund
Total Funds Budgeted State Funds Budgeted
Section 15. Forestry Commission. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

$ 11,183,730 $ 11,183,730 $ 132,223,517 $ 113,334,820 $ 7,210,043,539 $ 6,056,383,640
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$ 890,651 $ 5,202,353 $ 621,699 $ 29,000 $0 $ 12,450 $ 5,900,000 $ 561,196 $ 142,000 $ 1,090,999 $ 3,300,000 $ 890,651 $ 17,750,348 $ 890,651
$ 31,572,309 $ 28,194,750 $ 5,526,404 $ 111,311 $ 662,772 $ 1,690,311

FRIDAY, MARCH 4, 2005

Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Ware County Grant Ware County Grant for Southern Forest World Capital Outlay
Total Funds Budgeted State Funds Budgeted Departmental Program Budgets
Reforestation Forest Protection Forest Management Administration Total

Total Funds $ 2,043,615 $ 28,589,332 $ 3,947,916 $ 3,256,703 $ 37,837,566

Section 16. 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

Total Funds $ 13,946,149 $ 6,985,122 $ 10,021,496 $ 19,647,817 $ 675,326

993
$ 357,000 $ 11,518 $ 687,240 $ 9,500 $ 498,260 $ 88,500 $0 $0 $ 37,837,566 $ 31,572,309
State Funds $ 2,624 $ 25,712,721 $ 2,768,416 $ 3,088,548 $ 31,572,309
$ 60,650,083 $ 46,401,237 $ 5,515,403 $ 383,950 $ 233,921 $ 198,636 $ 398,200 $ 512,904 $ 1,094,547 $ 1,975,955 $ 5,360,359 $ 288,667 $0 $ 4,000,000 $ 27,783,371 $ 94,147,150 $ 60,650,083
State Funds $ 13,946,149 $ 6,985,122 $ 10,021,496 $ 19,647,817 $ 675,326

500

994

JOURNAL OF THE SENATE

State Health Care Fraud Unit Georgia Information Sharing Analysis Center Task Forces Criminal Justice Coordinating Council Administration Total
Section 17. Office of the Governor. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Cost of Operations Mansion Allowance Governor's Emergency Fund Intern Program Expenses Art Grants of State Funds Art Grants of Non-State Funds Humanities Grant - State Funds Art Acquisitions - State Funds Grants to Local Systems Grants - Local EMA Grants - Other Grants - Civil Air Patrol Registrations Troops to Teachers
Total Funds Budgeted State Funds Budgeted Departmental Program Budgets
Governor's Office Georgia Commission on Equal Opportunity Office of Planning and Budget
Administration Budget Management and Fiscal Policy Planning and Evaluation

$ 1,079,429 $ 769,091 $ 1,144,097 $ 33,803,201 $ 6,075,422 $ 94,147,150
Total Funds $ 18,210,104 $ 1,088,874 $ 2,660,080 $ 2,291,534 $ 911,506

$ 1,079,429 $ 769,091 $ 1,144,097 $ 306,134 $ 6,075,422 $ 60,650,083
$ 47,848,120 $ 20,793,563 $ 1,483,807 $ 349,075 $0 $ 50,911 $ 1,005,827 $ 1,044,450 $ 533,681 $ 2,683,179 $ 3,015,287 $ 4,498,627 $ 40,000 $ 13,312,882 $ 358,595 $ 3,374,509 $ 274,194 $ 254,499 $0 $0 $ 1,085,000 $0 $ 57,000 $0 $ 111,930 $ 54,327,016 $ 47,848,120
State Funds $ 18,210,104 $ 701,657
$ 2,660,080 $ 2,291,534 $ 911,506

FRIDAY, MARCH 4, 2005

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 Office of Homeland Security Total

$ 2,389,671 $ 2,025,609 $ 4,718,893 $ 3,829,305 $ 699,864 $ 6,256,034 $ 6,448,233 $ 1,381,960 $ 804,076 $ 611,273 $ 54,327,016

Section 18. 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 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

995
$ 2,389,671 $ 2,025,609 $ 4,054,800 $ 3,211,616 $ 699,864 $ 6,144,104 $ 2,016,266 $ 1,115,960 $ 804,076 $ 611,273 $ 47,848,120
$1,312,932,710 $ 44,766,104 $ 3,000,000 $ 465,034,410 $ 86,552,723 $ 5,015,014 $ 200,000 $ 706,000 $ 51,668,572 $ 13,133,753 $ 17,896,433 $ 13,513,205 $ 49,215,118 $ 9,511,801 $ 4,666,689 $ 60,236,718 $ 472,745,262 $ 151,116,918 $ 38,560,297 $ 373,809,126 $ 7,611,714 $ 147,722,380 $ 6,311,047 $ 7,261,544 $ 129,303,498 $ 2,153,736 $ 465,190,582 $ 2,750,840 $2,581,887,380 $ 5,620,100

501

996

JOURNAL OF THE SENATE

Tobacco Funds Budgeted

Brain and Spinal Trust Fund

State Funds Budgeted

Departmental Program Budgets

Total Funds

Child Support Establishment, Collection

and Enforcement

$ 68,606,255

Community Care Services Program

$ 58,992,558

Contracted Client Transportation Services

$ 25,068,801

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 $ 48,153,638

Post Adoption Services

$ 2,808,630

Pre-Adoption Services

$ 5,374,713

Regulatory Compliance

$ 31,994,875

Council on Aging

$ 146,462

Brain and Spinal Injury Trust Fund Authority $ 3,000,000

Governor's Council on Developmental Disabilities $ 2,271,780

Family Connection Partnership

$ 9,477,555

Adolescent Health and Youth Development

$ 13,101,765

Cancer Screening and Prevention

$ 6,321,880

Children with Special Needs

$ 30,933,014

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

$ 5,055,227

HIV/AIDS

$ 24,112,094

Immunization

$ 17,452,300

Infant and Child Health Services

$ 20,814,641

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

$ 11,427,252

Tuberculosis Treatment and Control

$ 8,842,446

Vital Records

$ 2,211,602

Women, Infants and Children-Nutrition (WIC) $ 84,956,963

Women's Health Services

$ 29,546,694

Adoption Services and Supplements

$ 49,586,425

$ 44,766,104 $ 3,000,000 $1,312,932,710
State Funds
$ 15,548,820 $ 48,884,027 $ 4,146,925 $ 4,744 $0
$0 $ 19,572,913 $ 1,868,226 $ 3,502,357 $ 22,696,961 $ 146,462 $ 3,000,000 $ 24,040 $ 9,202,555 $ 3,319,923 $ 6,321,880 $ 20,885,283 $ 1,515,586 $ 8,028,721 $ 2,566,602 $ 4,520,967 $ 4,925,227 $ 17,250,377 $ 8,782,878 $ 14,854,496 $ 143,983 $ 7,518,526 $ 4,111,722
$ 4,222,605 $ 11,427,252 $ 7,243,485 $ 1,930,820 $0 $ 9,492,144 $ 27,766,909

FRIDAY, MARCH 4, 2005

997

Adult Protective Services Child Care Child Protective Services Energy Assistance Family Violence Services Food Stamp Program Independent and Transitional Living Services Medicaid Eligibility Determination Out of Home Care Support for Needy Families 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
Section 19. 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

$ 14,167,078 $ 194,491,698 $ 135,067,622 $ 9,912,073 $ 4,400,161 $ 64,980,272 $ 4,425,497 $ 57,330,683 $ 278,028,903 $ 225,110,860 $ 3,679,539 $ 7,230,309 $ 331,711 $0 $ 390,797,182 $ 85,960,329 $ 4,172,448 $ 140,075,962 $ 170,917,028 $ 10,207,461 $ 11,123,173 $0 $ 171,547,108 $ 2,581,887,380

$ 7,740,461 $ 57,362,030 $ 54,354,049 $ 734,817 $ 4,116,097 $ 22,803,761 $ 590,587 $ 25,470,603 $ 147,298,946 $ 76,594,292 $ 495,971 $ 7,230,309 $ 331,711 $0 $ 301,071,310 $ 69,901,697 $ 3,231,756 $ 116,462,734 $ 74,268,516 $ 4,653,957 $ 557,367 $0 $ 90,000,427 $1,360,698,814

Total Funds $ 2,068,054

$ 16,174,248 $ 14,747,191 $ 702,947 $ 383,030 $ 80,176 $ 20,000 $ 223,000 $ 622,028 $ 346,334 $ 86,042 $0 $0 $ 17,210,748 $ 16,174,248
State Funds $ 2,068,054

502

998

JOURNAL OF THE SENATE

Insurance Regulation Industrial Loan Fire Safety Enforcement Special Fraud Total

$ 5,338,458 $ 589,453 $ 5,847,557 $ 713,465 $ 2,653,761 $ 17,210,748

Section 20. Department of Juvenile Justice. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Utilities Institutional Repairs and Maintenance Grants to County-Owned Detention Centers Service Benefits for Children Purchase of Service Contracts Capital Outlay Juvenile Justice Reserve Children and Youth Grants Juvenile Justice Grants
Total Funds Budgeted State Funds Budgeted Departmental 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

Total Funds $ 23,557,002 $ 40,278,443 $ 7,928,049 $ 49,825,901 $ 80,784,214 $ 83,129,809 $ 2,516,424 $ 288,019,842

Section 21. Department of Labor. A. Budget Unit: State Funds - Department of Labor

$ 5,338,458 $ 589,453 $ 4,811,057 $ 713,465 $ 2,653,761 $ 16,174,248
$ 267,078,815 $ 171,074,373 $ 15,366,557 $ 2,056,460 $ 304,110 $ 811,441 $ 3,559,344 $ 4,194,319 $ 2,330,722 $ 4,248,627 $ 4,164,309 $ 3,468,763 $ 382,600 $0 $ 74,326,067 $0 $0 $0 $ 200,000 $ 1,532,150 $ 288,019,842 $ 267,078,815
State Funds $ 23,358,783 $ 35,931,440 $ 7,928,049 $ 39,823,282 $ 79,280,254 $ 79,978,583 $ 778,424 $ 267,078,815
$ 12,366,101

FRIDAY, MARCH 4, 2005

999

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
Total Funds Budgeted State Funds Budgeted Departmental Program Budgets
Unemployment Services Workforce Development Safety Inspections Labor Market Information Commission On Women Administration Total

Total Funds $ 45,410,438 $ 97,260,954 $ 2,680,417 $ 2,885,453 $ 93,172 $ 14,275,557 $ 162,605,991

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

$ 85,772,769 $ 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 $ 162,605,991 $ 12,366,101
State Funds $ 4,394,052 $ 3,142,436 $ 1,087,533 $ 301,437 $ 93,172 $ 3,347,471 $ 12,366,101
$ 25,966,633 $ 92,984,112 $ 14,722,025 $ 2,039,522 $ 59,095 $ 1,093,190 $ 2,137,122 $ 6,303,584 $ 2,987,642 $ 7,314,026 $ 3,524,303 $ 350,000 $ 1,145,188 $ 12,758,949 $ 41,304,191 $ 188,722,949 $ 150,000 $ 25,966,633

503

1000

JOURNAL OF THE SENATE

Vocational Rehabilitation Business Enterprises Disability Adjudication Services Georgia Industries for the Blind Roosevelt Warm Springs Institute Administration Total

Total Funds $ 85,509,956 $ 1,642,361 $ 55,440,421 $ 11,776,668 $ 30,280,865 $ 4,072,678 $ 188,722,949

Section 22. Department of Law. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Books for State Library Transfer Funds to Governor's Office
Total Funds Budgeted State Funds Budgeted

Section 23. 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 $ 16,304,873 $ 335,841 $0 $ 677,293 $ 6,053,594 $ 2,595,032 $ 25,966,633
$ 13,310,857 $ 13,413,235 $ 705,564 $ 181,781 $0 $0 $ 299,269 $ 831,689 $ 149,907 $ 19,425,000 $0 $ 100,000 $0 $ 35,106,445 $ 13,310,857
$0 $ 8,605,675 $ 947,171 $ 133,213 $0 $ 697,128 $ 196,697 $ 503,267 $ 1,627,172 $ 173,863 $ 691,601 $ 13,575,787 $0 $ 1,188,890 $ 11,457,403 $ 929,494

FRIDAY, MARCH 4, 2005

State Funds Budgeted Departmental Program Budgets
Workforce Development Total Compensation and Rewards Recruitment and Staffing Services Administration Total

Total Funds $ 3,258,181 $ 5,102,705 $ 1,307,371 $ 3,907,530 $ 13,575,787

Section 24. Department of Motor Vehicle Safety.

State Funds

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Capital Outlay

Motor Vehicle Tag Purchase

Post Repairs

Conviction Reports

Driver's License Processing

Postage

Investment for Modernization

Total Funds Budgeted

Department of Transportation Permit Funds

Indirect DOAS Funding

State Funds Budgeted

Departmental Program Budgets

Total Funds

Administration

$ 8,758,624

License Issuance

$ 39,945,164

Motorcycle Safety

$0

Tag and Title Registration

$ 25,263,272

Salvage Inspection

$ 1,638,290

Commercial Vehicle and HOV Enforcement

$ 13,340,855

Total

$ 88,946,205

1001
$0
State Funds $0 $0 $0 $0 $0
$ 77,292,312 $ 55,468,703 $ 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 $ 88,946,205 $ 7,196,898 $ 1,960,000 $ 77,292,312
State Funds $ 8,758,624 $ 38,965,164 $0 $ 24,283,272 $ 1,638,290 $ 3,646,962 $ 77,292,312

504

1002

JOURNAL OF THE SENATE

Section 25. 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

$

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

$

Wildlife Endowment Fund

$

Contracts:

Georgia State Games Commission

$

Payments to Civil War Commission

$

Hazardous Waste Trust Fund

$

Solid Waste Trust 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

$

94,995,313 83,168,887 15,129,631 844,126 310,000 1,237,365 3,374,242 1,207,381 6,063,842 621,000 1,313,190 0 689,910 1,293,300
635,734 3,314,750 982,330 0
800,000 129,276 1,780,000
75,000 0 5,095,077 0 1,594,360 383,468 100,000 31,000 24,000 818,963 0 131,016,832 940,190 0 1,331,931 1,434,982 200,000 94,995,313

FRIDAY, MARCH 4, 2005

1003

Departmental Program Budgets
Administration Land Conservation Historic Preservation Parks and Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance Georgia Games Commission Civil War Commission Total

Total Funds $ 10,561,588 $ 410,213 $ 2,463,328 $ 37,334,313 $ 2,316,707 $ 36,272,957 $ 41,225,104 $ 357,622 $ 75,000 $0 $ 131,016,832

Section 26. 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

Total Funds

Administration

$ 3,602,656

Clemency Decision

$ 9,668,395

Parole Supervision

$ 31,479,930

Total

$ 44,750,981

Section 27. Department of Public Safety. A. Budget Unit: State Funds - Department of Public Safety Operations Budget: Personal Services Regular Operating Expenses Travel

State Funds $ 10,561,588 $ 410,213 $ 1,973,328 $ 17,742,524 $ 2,145,845 $ 30,768,720 $ 31,064,386 $ 253,709 $ 75,000 $0 $ 94,995,313
$ 44,258,831 $ 36,174,798 $ 1,333,825 $ 331,800 $0 $ 291,500 $ 591,200 $ 2,764,792 $ 969,433 $ 1,035,175 $ 620,958 $ 617,500 $ 20,000 $ 44,750,981 $ 44,258,831
State Funds $ 3,602,656 $ 9,668,395 $ 30,987,780 $ 44,258,831
$ 71,415,487
$ 62,668,817 $ 7,940,850 $ 81,145

505

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JOURNAL OF THE SENATE

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

State Patrol Posts Repairs and Maintenance

Capital Outlay

Conviction Reports

Total Funds Budgeted

Indirect DOAS Service Funding

State Funds Budgeted

Departmental Program Budgets

Total Funds

Administration

$ 9,131,015

Field Offices and Services

$ 55,790,003

Aviation

$ 2,229,016

Specialized Collision Reconstruction Teams

$ 2,035,024

Troop J Specialty Unit

$ 2,194,228

Multi-Jurisdictional Task Forces

$0

Executive Security

$ 1,026,201

Capitol Police

$ 3,151,435

Excess Property

$0

Total

$ 75,556,922

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

$ 1,484,986 $ 308,028 $ 654,000 $ 107,695 $ 1,673,059 $ 154,772 $ 174,333 $ 309,237 $0 $0 $ 75,556,922 $ 990,000 $ 71,415,487
State Funds $ 8,141,015 $ 55,790,003 $ 2,229,016 $ 2,035,024 $ 2,194,228 $0 $ 1,026,201 $0 $0 $ 71,415,487
$ 13,776,531
$ 10,338,733 $ 2,549,403 $ 103,284 $ 20,000 $ 62,808 $ 288,767 $ 343,318 $ 295,528 $ 229,817 $ 620,622 $ 2,525,200 $ 1,200,061 $0 $ 18,577,541 $ 13,776,531

FRIDAY, MARCH 4, 2005

1005

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 $ 3,654,404 $ 2,093,777 $ 1,226,513 $ 1,132,053
$ 470,634 $ 10,000,160 $ 18,577,541

State Funds $ 487,467 $ 2,093,777 $ 1,105,419 $ 979,373
$ 470,634 $ 8,639,861 $ 13,776,531

Section 28. Public School Employees' Retirement System. State Funds Payments to Employees' Retirement System Employer Contributions
Total Funds Budgeted State Funds Budgeted

$ 1,420,696 $ 587,500 $ 833,196 $ 1,420,696 $ 1,420,696

Section 29. 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 $ 1,124,307 $ 6,423,104 $ 855,004 $0 $ 8,402,415

$ 8,129,104 $ 6,597,257 $ 250,711 $ 86,876 $0 $ 50,300 $ 208,791 $ 501,964 $ 114,127 $ 592,389 $0 $ 8,402,415 $ 8,129,104
State Funds $ 1,124,307 $ 6,423,104 $ 581,693 $0 $ 8,129,104

Section 30. Board of Regents, University System of Georgia. A. Budget Unit: State Funds - Resident Instruction Tobacco Funds

$ 1,483,026,946 $ 6,243,177

506

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JOURNAL OF THE SENATE

Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations
Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Special Funding Initiative Office of Minority Business Enterprise Student Education Enrichment Program Forestry Research Research Consortium Capital Outlay Total Funds Budgeted Departmental Income Sponsored Income Other Funds Indirect DOAS Services Funding Governor's Emergency Funds Tobacco Funds Budgeted State Funds Budgeted Departmental Program Budgets
Teaching Research Public Service Total

$ 1,873,059,737 $ 492,954,043
$ 524,391,280 $ 876,653,501 $ 28,867,806 $ 892,484 $ 311,863 $ 842,059 $ 26,894,260 $ 89,655,481 $ 3,914,522,514 $ 119,162,490 $ 1,369,607,544 $ 933,442,857 $ 3,039,500 $0 $ 6,243,177 $ 1,483,026,946
Total Funds State Funds $ 3,856,714,042 $1,431,461,651 $ 26,894,260 $ 20,651,083 $ 30,914,212 $ 30,914,212 $ 3,914,522,514 $1,483,026,946

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

$ 187,047,346 $0
$ 123,682,808 $ 79,952,811
$ 49,427,879 $ 44,049,678 $ 2,490,753
$ 21,934,618 $0 $0 $ 7,360,074 $ 493,379

FRIDAY, MARCH 4, 2005

1007

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 Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted Regents Central Office and Other Organized Activities

Marine Resources Extension Center Skidaway Institute of Oceanography Marine Institute Georgia Tech Research Institute Advanced Technology Development Center/
Economic Development Institute Agricultural Experiment Station Cooperative Extension Service 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 Georgia Military College GPTC Total C. Budget Unit: State Funds - Georgia Public
Telecommunications Commission Personal Services Operating Expenses General Programming Distance Learning Programming
Total Funds Budgeted

Total Funds $ 2,623,840 $ 7,181,077 $ 1,708,495 $ 137,395,242
$ 21,934,618 $ 72,446,137 $ 54,664,795 $ 193,500 $ 3,132,219 $ 7,170,899 $ 3,625,810 $ 4,694,697 $ 38,864,509 $ 35,858,946 $0 $ 2,831,338 $ 17,295,253 $ 411,621,375

$0 $ 2,831,338
$ 17,295,253 $ 30,341,533 $0 $ 31,761,251 $ 411,621,375 $ 7,462,163 $ 140,927,908 $ 75,640,458 $ 543,500 $0 $ 187,047,346
State Funds $ 1,439,040 $ 1,548,077 $ 940,862 $ 7,118,290
$ 8,440,861 $ 40,004,875 $ 31,570,658 $0 $ 3,132,219 $ 470,899 $0 $ 40,727 $ 38,864,509 $ 33,349,738 $0 $ 2,831,338 $ 17,295,253 $ 187,047,346
$0 $ 12,855,534 $ 14,593,732 $ 4,070,278 $0 $ 31,519,544

507

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Other Funds State Funds Budgeted

D. Budget Unit: Lottery for Education Equipment, Technology and Construction Trust Fund Georgia Public Telecommunications Commission Internet Connection Initiative Special Funding Initiatives Research Consortium - Georgia Research Alliance Equipment - Public Libraries Student Information System Educational Technology Center Total Funds Budgeted Lottery Funds Budgeted

Section 31. 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

Total Funds $ 6,096,719 $ 29,801,064 $ 32,721,754 $ 11,602,456

$ 31,519,544 $0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$ 503,164,629 $ 150,000 $ 55,519,895 $ 8,970,006 $ 926,361 $ 49,980 $ 173,684 $ 11,959,920 $ 6,785,736 $ 1,179,295 $ 604,730 $ 1,393,613 $ 3,785,079 $0 $0 $ 2,120,536 $ 420,437,228 $ 513,906,063 $ 2,545,000 $ 150,000 $ 503,164,629
State Funds $ 6,096,719 $ 27,680,528 $ 26,360,991 $ 9,492,321

FRIDAY, MARCH 4, 2005

1009

Industry Regulation Grants and Distribution State Board of Equalization Total

$ 4,461,802 $ 429,217,268 $ 5,000 $ 513,906,063

Section 32. Secretary of State.

A. Budget Unit: State Funds - Secretary of State

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Election Expenses

Capital Outlay

Total Funds Budgeted

State Funds Budgeted

Departmental Program Budgets

Total Funds

Administration

$ 5,082,275

Archives and Records

$ 6,623,366

Capitol Education Center

$ 405,553

Corporations

$ 1,810,154

Securities

$ 1,880,144

Elections and Campaign Disclosures

$ 7,012,966

Drugs and Narcotics

$ 1,200,010

State Ethics Commission

$ 722,293

Professional Licensing Boards

$ 8,778,901

Holocaust Commission

$ 240,081

Total

$ 33,755,743

B. Budget Unit: State Funds - Real Estate Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals

$ 4,461,802 $ 429,217,268 $ 5,000 $ 503,314,629
$ 32,691,393 $ 18,246,634 $ 4,864,478 $ 357,621 $0 $ 53,035 $ 2,913,063 $ 4,464,296 $ 888,163 $ 157,314 $ 1,446,804 $ 364,335 $0 $ 33,755,743 $ 32,691,393
State Funds $ 5,052,275 $ 6,548,366 $ 405,553 $ 1,070,804 $ 1,830,144 $ 6,992,966 $ 1,200,010 $ 722,293 $ 8,628,901 $ 240,081 $ 32,691,393
$ 2,649,409 $ 1,723,866 $ 185,000 $ 47,000 $0 $ 12,500 $ 165,123 $ 183,512

508

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JOURNAL OF THE SENATE

Telecommunications Per Diem and Fees Contracts
Total Funds Budgeted State Funds Budgeted

Section 33. Soil and Water Conservation Commission.

State Funds

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

County Conservation Grants

Total Funds Budgeted

State Funds Budgeted

Departmental Program Budgets

Total Funds

Conservation of Soil and Water Resource

$ 1,708,334

Water Resource and Land Use Planning

$ 1,102,116

Conservation of Agricultural Water Supplies

$ 1,935,710

Watershed Flood Control Dams

$ 26,626

Administration

$ 547,145

Total

$ 5,319,931

Section 34. 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

$ 82,376 $ 250,032 $0 $ 2,649,409 $ 2,649,409
$ 2,977,989 $ 1,861,233 $ 1,089,199 $ 42,321 $0 $ 19,944 $ 11,205 $ 121,425 $ 38,300 $ 121,660 $ 2,014,644 $0 $ 5,319,931 $ 2,977,989
State Funds $ 1,134,929 $ 1,035,116 $ 234,173 $ 26,626 $ 547,145 $ 2,977,989
$ 37,605,146 $ 522,204 $ 14,915 $ 16,000 $0 $ 8,300 $ 6,000 $ 40,015 $ 8,681 $0 $ 16,454 $ 3,477,477

FRIDAY, MARCH 4, 2005

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

Total Funds

Georgia Student Finance Authority

$ 37,493,230

Georgia Nonpublic Postsecondary Education

Commission

$ 632,569

Total

$ 38,125,799

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

Section 35. Teachers' Retirement System. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals

1011
$ 28,820,424 $ 61,339 $ 432,479 $ 22,427 $0 $ 661,524 $ 1,487,410 $ 2,530,150 $ 38,125,799 $ 37,605,146
State Funds $ 36,972,577
$ 632,569 $ 37,605,146
$ 500,643,778 $ 304,320,460 $ 55,896,225 $ 70,657,003 $ 6,000,000 $ 45,388,740 $ 770,477 $ 255,850 $ 5,332,698 $ 5,855,278 $ 374,590 $ 760,000 $ 2,206,484 $ 2,825,973 $ 500,643,778 $ 500,643,778
$ 2,138,000 $ 14,125,720 $ 825,344 $ 76,500 $0 $ 25,000 $ 7,300,000 $ 723,975

509

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JOURNAL OF THE SENATE

Telecommunications Per Diem and Fees Contracts COLA Local Systems Floor Fund Local Systems Total Funds Budgeted State Funds Budgeted

Section 36. Department of Technical and Adult Education.

A. Budget Unit: State Funds - Department of Technical

and Adult Education

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Real Estate Rentals

Per Diem and Fees

Contracts

Computer Charges

Telecommunications

Capital Outlay

Personal Services-Institutions

Operating Expenses-Institutions

Area School Program

Adult Literacy Grants

Regents Program

Quick Start Program

Total Funds Budgeted

State Funds Budgeted

Departmental Program Budgets

Total Funds

Administration

$ 4,965,421

Technical Education

$ 335,938,234

Adult Literacy Education

$ 19,822,122

Economic Development

$ 12,073,404

Total

$ 372,799,181

B. Budget Unit: Lottery for Education Computer Laboratories and Satellite Dishes-Adult Literacy Capital Outlay Capital Outlay - Technical Institute Satellite Facilities Equipment-Technical Institutes

$ 220,000 $ 523,000 $0 $ 2,050,000 $ 88,000 $ 25,957,539 $ 2,138,000
$ 297,052,064 $ 6,409,335 $ 316,985 $ 125,510 $0 $ 12,886 $ 586,464 $ 121,670 $ 164,110 $ 327,695 $ 115,980 $0 $ 261,100,884 $ 63,743,175 $ 5,521,825 $ 18,814,797 $ 3,364,461 $ 12,073,404 $ 372,799,181 $ 297,052,064
State Funds $ 4,965,421 $ 268,334,336 $ 11,678,903 $ 12,073,404 $ 297,052,064
$0 $0 $0 $0 $0

FRIDAY, MARCH 4, 2005

1013

Repairs and Renovations - Technical Institutes

$0

Total Funds Budgeted

$0

Lottery Funds Budgeted

$0

Section 37. Department of Transportation. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay 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

$ 609,723,269 $ 255,962,257 $ 79,533,636 $ 2,102,944 $ 1,927,751 $ 5,591,955 $ 8,850,593 $ 1,830,782 $ 4,924,471 $ 7,362,438 $ 44,093,797 $1,129,313,034 $ 20,534,243 $ 80,106,737 $0 $ 3,507,783 $ 721,355 $1,646,363,776 $ 609,723,269

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 $ 321,078,376 $ 45,567,426 $ 1,046,000,727 $ 147,546,892 $ 5,503,825 $ 50,807,188 $ 1,616,504,434

State Funds $ 177,985,246 $ 16,385,982 $ 274,813,339 $ 83,262,071 $ 1,496,071 $ 39,439,444 $ 593,382,153

General Funds Budget Transit Aviation Air Transportation Rail Ports and Waterways Total

$ 21,598,034 $ 3,947,380 $ 1,913,591 $ 1,444,313 $ 956,024 $ 29,859,342

$ 8,737,603 $ 3,947,380 $ 1,255,796 $ 1,444,313 $ 956,024 $ 16,341,116

510

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Section 38. Department of Veterans Service.

State Funds

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

Per Diem and Fees

Contracts

Operating Expense/Payments to Medical College of Georgia

Capital Outlay

WWII Veterans Memorial

Regular Operating Expenses for Projects and Insurance

Total Funds Budgeted

State Funds Budgeted

Departmental Program Budgets

Total Funds

Veterans Benefits

$ 5,468,863

Milledgeville Nursing Home

$ 17,516,828

Augusta Nursing Home

$ 7,536,580

Georgia Veterans Memorial Cemetery

$ 290,738

Administration

$ 942,797

Total

$ 31,755,806

Section 39. 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

Total Funds

$ 21,023,121 $ 5,486,846 $ 278,597 $ 100,200 $0 $ 100,822 $ 5,000 $ 223,033 $ 86,581 $ 20,612 $ 17,617,375 $ 7,541,980 $0 $0 $ 294,760 $ 31,755,806 $ 21,023,121
State Funds $ 5,066,063 $ 10,291,693 $ 4,431,830 $ 290,738 $ 942,797 $ 21,023,121
$ 14,511,013 $ 9,721,149 $ 470,115 $ 140,600 $0 $ 44,048 $ 394,329 $ 1,236,008 $ 170,876 $ 183,101 $ 2,514,787 $ 14,875,013 $ 14,511,013
State Funds

FRIDAY, MARCH 4, 2005

1015

Administration Administer the Workers' Comp Law Total

$ 5,919,813 $ 8,955,200 $ 14,875,013

$ 5,555,813 $ 8,955,200 $ 14,511,013

Section 40. State of Georgia General Obligation Debt Sinking Fund.

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

State General Funds (Issued)

$ 658,842,417

Motor Fuel Tax Funds (Issued)

$ 135,000,000

$ 793,842,417

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

State General Funds (New)

$ 85,669,065

Motor Fuel Tax Funds (New)

$ 26,100,000

$ 111,769,065

Section 41. 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.

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Section 42. Provisions Relative to Section 4, Department of Administrative Services.

Notwithstanding any provision of the law to the contrary, in managing any of the selfinsurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.

Section 43. 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 Warren County McDuffie County DeKalb County Board of Education City of Milledgeville
City of Columbus

Description Funding for indirect cost in Warren County Funding for equalization in McDuffie County To correct FTE student count error
Funding for operating expenses for Silver Haired Legislature Funding for the Civil War Naval Museum in the City of Columbus

Amount $ 50,000 $ 100,000
$ 174,356
$ 5,000
$ 25,000

Section 44. Provisions Relative to Section 8, Department of Community Health.

FRIDAY, MARCH 4, 2005

1017

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 45. Provisions Relative to Section 13, State Board of Education Department of Education.

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,380.31. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Section 46. Provisions Relative to Section 17, Office of the Governor.

There is hereby appropriated to the Office of the Governor the sum of $400,000 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, $9,700,000 is intended for relief in federally declared disasters.

Section 47. Provisions Relative to Section 18, 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

512

1018

JOURNAL OF THE SENATE

7

672

444

8

713

470

9

751

496

10

804

530

11

860

568

Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment.

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.

Provided, that of the above appropriations relative to the treatment of Hemophilia and its 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 48. Provisions Relative to Section 21, 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 49. Provisions Relative to Section 23, Merit System of Personnel Administration.

The Department is authorized to assess no more than $147.00 per budgeted position for

FRIDAY, MARCH 4, 2005

1019

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 50. Provisions Relative to Section 25, Department of Natural Resources.
Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Section 51. Provisions Relative to Section 31, 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 52. Provisions Relative to Section 32, 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 53. Provisions Relative to Section 35, 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 54. Provisions Relative to Section 37, 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 department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
Section 55.
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 56.
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,

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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 at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 57.
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 58.
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 59.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.

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Section 60.
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 61.
(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 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

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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 62.
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 63. Provisions Relative to Section 40, State of Georgia General Obligation Debt Sinking Fund.
With regard to the appropriations in Section 40 to the "State of Georgia General Obligation Debt Sinking Fund" for authorizing new debt, the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts, and particular appropriations of highest annual debt service requirements of the new debt are specified as follows:
From the appropriation designated "State General Funds (New)", $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

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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.
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.

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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 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

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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 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

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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 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

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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, 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,

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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 $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)," $198,040 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 $876,283 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)," $1,786,530 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 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

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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.
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.

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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 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.

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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.
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)," $217,500 is specifically appropriated to the Board of Regents of the University System of Georgia to provide

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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)," $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, 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)," $26,100,000 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 $300,000,000 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)," $92,220 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 $1,060,000 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)," $69,165 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents

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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 $795,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $235,770 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,710,000 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)," $141,810 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 $1,630,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Section 64. 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

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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 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. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2005

$ 16,567,537,539

Section 66.

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

Section 67.

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

Section 2.

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

Section 3.

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

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Senator Hill of the 4th moved that the Senate adopt the Conference Committee Report on HB 84.

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

Y Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans
Golden Y Grant Y Hamrick Y Harbison E Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks
Hudgens Y Johnson
Jones Y Kemp
Me V Bremen Miles Y Moody Y Mullis Y Pearson Powell N Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner E Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the motion, the yeas were 41, nays 5; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 84.

The following communication was received by the Secretary:

Senator Michael Meyer von Bremen District 12 121-I State Capitol Atlanta, GA 30334

Committees: Special Judiciary Appropriations Ethics Judiciary Natural Resources and the Environment

The State Senate Atlanta, Georgia 30334

3/4/05

Please note in the Journal a Yes vote on the motion to Agree on H.B. 84. I could not get

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1037

to my machine to vote.
Sincerely,
/s/ Michael S. Meyer von Bremen
Senators Jones of the 10th, Butler of the 55th and Miles of the 43rd recognized Southwest DeKalb High School, commended by SR 335, adopted previously.
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 Williams of the 19th be excused. The consent was granted, and Senator Williams was excused.
Senator Seabaugh of the 28th asked unanimous consent that Senator Tolleson of the 20th be excused. The consent was granted, and Senator Tolleson was excused.
Senator Seabaugh of the 28th asked unanimous consent that Senator Stephens of the 27th be excused. The consent was granted, and Senator Stephens was excused.
Senator Powell of the 23rd asked unanimous consent that Senator Walker of the 22nd be excused. The consent was granted, and Senator Walker was excused.
Senator Thompson of the 5th asked unanimous consent that Senator Stoner of the 6th be excused. The consent was granted, and Senator Stoner was excused.
The Calendar was resumed.
SB 136. By Senators Smith of the 52nd, Hill of the 32nd, Wiles of the 37th and Weber of the 40th:
A BILL to be entitled an Act to amend Code Section 15-11-47 of the Official Code of Georgia Annotated, relating to procedure on taking child into custody, detention, and bail, so as to provide for bail for children alleged to be delinquent or unruly; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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Y Adelman Y Balfour Y Brown
Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort
Goggans Golden Y Grant Y Hamrick Y Harbison E Harp Y Heath Y Henson

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh
Seay Y Shafer,D

Y Smith Starr
Y Staton E Stephens E Stoner E Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman E Walker Y Weber Y Whitehead Y Wiles E Williams Y Zamarripa

On the passage of the bill, the yeas were 42, nays 0.

SB 136, having received the requisite constitutional majority, was passed.

Senator Butler of the 55th asked unanimous consent that Senator Fort of the 39th be excused. The consent was granted, and Senator Fort was excused.

SB 139. By Senators Seabaugh of the 28th, Hill of the 32nd, Williams of the 19th and Harbison of the 15th:

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 for torts, so as to limit liability and damages in certain circumstances; to provide for limited liability for certain liquefied petroleum gas providers; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

The Senate Judiciary Committee offered the following substitute to SB 139:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to

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1039

general provisions for torts, so as to limit liability and damages in certain circumstances; to provide for limited liability for certain liquefied petroleum gas providers; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, is amended by adding at the end thereof a new Code section, to be designated Code Section 51-1-51, to read as follows:
51-1-51. (a) As used in this Code section, the term:
(1) 'Liquefied petroleum gas equipment' means a liquefied petroleum gas appliance or liquefied petroleum gas equipment. (2) 'Liquefied petroleum gas provider' means any person or entity engaged in the business of supplying, handling, transporting, or selling at retail liquefied petroleum gas in this state. (b) A liquefied petroleum gas provider shall be immune from civil liability if the proximate cause of the injury or damages was: (1) An alteration, modification, or repair of liquefied petroleum gas equipment that could not have been discovered by the liquefied petroleum gas provider in the exercise of reasonable care; or (2) The use of liquefied petroleum gas equipment in a manner or for a purpose other than that for which the liquefied petroleum gas equipment was intended to be used or for which could reasonably have been foreseen, provided that the liquefied petroleum gas provider or the manufacturer of the liquefied petroleum gas equipment has taken reasonable steps to warn the ultimate consumer of the hazards associated with foreseeable misuses of the liquefied petroleum gas equipment. (c) Nothing in this Code section shall be construed as affecting, modifying, or eliminating the liability of a manufacturer of liquefied petroleum gas equipment or its employees or agents under any legal claim, including but not limited to product liability claims. (d) This Code section shall apply to any cause of action arising on or after July 1, 2005.
SECTION 2. This Act shall become effective on July 1, 2005, and apply only to causes of action arising on or after July 1, 2005. Any cause of action arising prior to July 1, 2005, shall continue to be governed by the laws in effect at the time such cause of action arose.
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 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:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison E Harp Y Heath Y Henson

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh
Seay Y Shafer,D

Y Smith Y Starr Y Staton E Stephens E Stoner E Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman E Walker Y Weber Y Whitehead Y Wiles E Williams Y Zamarripa

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

SB 139, having received the requisite constitutional majority, was passed by substitute.

SB 109. By Senators Unterman of the 45th, Thomas of the 54th and Smith of the 52nd:

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 provide for legislative findings; to provide for definitions; to provide for immunity; to provide for applicability; to provide for notification of health care providers; to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to establish the Pain Management Ad Hoc Advisory Committee; to provide for such committees membership, duties, and duration; to provide for related matters; to repeal conflicting laws; and for other purposes.

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1041

The Senate Health and Human Services Committee offered the following substitute to SB 109:
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 provide for legislative findings; to provide for definitions; to provide for immunity; to provide for applicability; to provide for notification of health care providers; to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to establish the Pain Management Ad Hoc Advisory Committee; to provide for such committees membership, duties, and duration; 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 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by adding at its end a new article to read as follows:
ARTICLE 6
16-13-120. The General Assembly finds that:
(1) Many controlled substances have useful and legitimate medical and scientific purposes and are necessary to maintain the health and general welfare of the people of this state; (2) To treat a patients pain, a physician should be able to administer a controlled substance in excess of the recommended dosage, even if its use may increase the risk of death, so long as it is not also administered for the purpose of causing, or for the purpose of assisting in causing, death, for any reason; and (3) A health care facility or a hospice should not forbid or restrict the use of controlled substances appropriately administered to relieve pain.
16-13-121. As used in this article, the term:
(1) 'Accepted guideline' means a care or practice guideline for pain management developed by a nationally recognized clinical or professional association, specialty society, or government sponsored agency that has developed practice or care guidelines based on original research or on review of existing research and expert opinion. If there are no currently accepted guidelines available, rules, policies, guidelines, or regulations issued by the appropriate regulatory board may serve the

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function of such guidelines for purposes of this article. Such board rules, policies, guidelines, or regulations must conform to the intent of this article. Guidelines established primarily for purposes of coverage, payment, or reimbursement do not qualify as accepted guidelines when offered to limit treatment options otherwise covered by this article. For such a guideline to be an accepted guideline for the purposes of this article, it must not be inconsistent with the provisions of Code Section 16-13-123. The appropriate regulatory board may by rule establish that any particular guideline otherwise qualified to be an accepted guideline is not an accepted guideline on the grounds that it is inconsistent with the provisions of Code Section 1613-123; provided, however, that a guideline that has not been specifically disqualified by such board rule may be held not to provide immunity in a particular case on the grounds that it is inconsistent with the provisions of such Code section, in accordance with the procedures set forth in Code Section 16-13-122. (2) 'Clinical expert' means an individual who by reason of specialized education or substantial relevant experience in pain management has knowledge regarding current standards, practices, and guidelines. (3) 'Disciplinary action' means both informal and formal and both remedial and punitive actions taken by a regulatory board against a health care provider. (4) 'Health care provider' means:
(A) A physician licensed under Chapter 34 of Title 43; (B) A registered professional nurse and licensed practical nurse licensed or registered under Chapter 26 of Title 43; (C) A physicians assistant licensed under Chapter 34 of Title 43; and (D) A pharmacist licensed under Chapter 4 of Title 26. (5) 'Regulatory board' means the Composite State Board of Medical Examiners, the Georgia Board of Nursing, or the State Board of Pharmacy. (6) 'Therapeutic purpose' means the use of pharmaceutical and nonpharmaceutical medical treatment that conforms substantially to accepted guidelines for pain management.
16-13-122. (a) Neither disciplinary action nor criminal prosecution shall be brought against a health care provider for the prescription, dispensing, or administration of medical treatment for the therapeutic purpose of relieving pain who can demonstrate by reference to an accepted guideline that his or her practice substantially complied with guidelines and standards of practice identified in Code Section 16-13-123 so long as the health care provider did not deviate from generally accepted standards of pain management practice. The showing of substantial compliance with an accepted guideline may be rebutted only by clinical expert testimony. A showing that a guideline otherwise qualified to be an accepted guideline is not an accepted guideline because it is inconsistent with the provisions of Code Section 16-13-123 may be made by clinical expert testimony. (b) In the event that a disciplinary action or criminal prosecution is pursued, the

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1043

appropriate regulatory board or prosecutor shall produce clinical expert testimony supporting the finding or charge of violation of disciplinary standards or other legal requirements on the part of the health care provider. Evidence of noncompliance with an accepted guideline is not sufficient alone to support disciplinary or criminal action. (c) The provisions of this Code section shall apply to health care providers in the treatment of all patients for pain regardless of the patients prior or current chemical dependency or addiction. The appropriate regulatory board may develop and issue rules, regulations, policies, or guidelines establishing standards and procedures for the application of this article for the care and treatment of chemically dependent individuals. The appropriate regulatory board may by rule establish that any particular guideline otherwise qualified to be an accepted guideline is not an accepted guideline on the grounds that it is inconsistent with the provisions of Code Section 16-13-123. (d) A pharmacist is immune from any civil or criminal liability and from professional discipline for any act taken by the pharmacist in reliance on a reasonable belief that an order purporting to be a prescription was issued by a health care provider in the usual course of professional treatment or in authorized research.
16-13-123. (a) Nothing in this article shall be construed as expanding the authorized scope of practice of any health care provider. (b) Nothing in this article shall prohibit discipline or prosecution of a health care provider for:
(1) Failing to maintain complete, accurate, and current records documenting the physical examination and medical history of the patient, the basis for the clinical diagnosis of the patient, and the treatment plan for the patient; (2) Writing false or fictitious prescriptions for controlled substances scheduled in the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. Section 801, et seq., or in this article; (3) Prescribing, dispensing, or administering pharmaceuticals in violation of the provisions of the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. Section 801, et seq., or of the laws of this state; (4) Diverting medications prescribed for a patient to the providers own personal use; or (5) Causing, or assisting in causing, the suicide, euthanasia, or mercy killing of any individual, provided that it is not causing, or assisting in causing, the suicide, euthanasia, or mercy killing of any individual to prescribe, dispense, or administer medical treatment for the purpose of alleviating pain or discomfort, even if such use may increase the risk of death, so long as it is not also administered for the purpose of causing, or for the purpose of assisting in causing, death, for any reason.
16-13-124. The appropriate regulatory board shall make reasonable efforts to notify health care providers under its jurisdiction of the existence of this article. At a minimum, the

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regulatory board shall inform any health care provider investigated in relation to the providers practices in the management of pain of the existence of this article.
SECTION 2. Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, is amended by adding a new Code section to the end of such article to read as follows:
31-1-10. (a) There is established the Pain Management Ad Hoc Advisory Committee. The purposes of the committee shall be to:
(1) Facilitate a discussion among the Attorney General, the appropriate regulatory boards, and other interested persons that focuses on identifying appropriate procedures and techniques for the management of pain; and (2) Study and report to the Governor and the General Assembly on medical, pharmaceutical, and patient care issues involving the treatment of pain, including, but not limited to, the use of Schedule II controlled substances. Such report shall include recommendations for legislative action regarding pain management and shall be consistent with the provisions of paragraph (5) of subsection (b) of Code Section 1613-123. (b) The committee shall review, at a minimum: (1) Scientific and medical reviews of controlled substances classified as Schedule II under Code Section 16-13-26; (2) Modern pain management knowledge; (3) Modern pain management techniques for the treatment of pain, including the use of Schedule II controlled substances; (4) The adverse impact on patient recovery condition caused by the undertreatment of pain; (5) The identity and quantity of patients who do not receive adequate pain control treatment and consequences and costs of undertreatment; (6) The development of guidelines to establish parameters for the investigation of a prescriber or dispenser of Schedule II controlled substances for the treatment of pain; and (7) The development of guidelines to educate prescribers, dispensers, patients, law enforcement, and the public about pain management and regulatory issues. (c) The committee shall consist of 15 members to be appointed as follows: (1) Five members appointed by the Governor, to include three physicians, one pharmacist, and one representative of law enforcement knowledgeable in Schedule II medications. The representative of law enforcement shall be selected after consultation with the Attorney General; (2) Six members appointed by the President Pro Tempore of the Senate, to include one physician, one pharmacist who specializes in the care of patients in long-term care facilities, one registered professional nurse, one representative of the hospice industry, one representative of an organization that represents persons with a

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1045

condition requiring ongoing treatment for pain, and a member of the Senate Health and Human Services Committee; and (3) Four members appointed by the Speaker of the House of Representatives, to include one physician, a pharmacist, and a member of the House Committee on Health and Human Services. (d) The committee shall select a chairperson and hold its first meeting not later than February 1, 2006. The committee shall issue a preliminary report of its activities, tentative findings, and recommendations of issues requiring further study to the Governor and the General Assembly not later than May 15, 2006. The committee shall issue a final report to the Governor and to the General Assembly not later than December 31, 2006. (e) The members of the committee shall serve without compensation. (f) This Code section shall be automatically repealed on December 31, 2006.
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 Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas E Fort Y Goggans Y Golden Y Grant Y Hamrick
Harbison

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson
Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer

Y Smith Y Starr Y Staton E Stephens Y Stoner E Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman E Walker Y Weber Y Whitehead Y Wiles

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E Harp Y Heath Y Henson

Y Seabaugh Seay
Y Shafer,D

E Williams Y Zamarripa

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

SB 109, having received the requisite constitutional majority, was passed by substitute.

Senator Adelman of the 42nd asked unanimous consent that Senator Jones of the 10th be excused. The consent was granted, and Senator Jones was excused.

SB 216. By Senators Hill of the 32nd and Hamrick of the 30th:

A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, so as to delete Chapter 11, relating to the State Law Library; to amend Code Section 20-5-2 of the O.C.G.A., relating to the powers and duties of the board of regents and the director of University of Georgia Libraries relative to state public libraries; Code Section 36-80-19 of the O.C.G.A., relating to the codification of ordinances and resolutions of local governments; and Code Section 45-13-22 of the O.C.G.A., relating to the distribution of the Georgia Laws and the Journals of the House of Representatives and the Senate, so as to delete references to the State Law Library; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas E Fort Y Goggans Y Golden

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson E Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell

Y Smith Y Starr Y Staton E Stephens Y Stoner E Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S E Tolleson
Unterman E Walker

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1047

Y Grant Y Hamrick Y Harbison E Harp Y Heath Y Henson

Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Weber Y Whitehead Y Wiles E Williams
Zamarripa

On the passage of the bill, the yeas were 44, nays 0.

SB 216, having received the requisite constitutional majority, was passed.

SB 6. By Senators Stoner of the 6th, Rogers of the 21st, Hill of the 32nd, Thompson of the 33rd, Hamrick of the 30th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to authorize the exchange of national criminal history background checks on providers of care to children, the elderly, and persons with disabilities, including, but not limited to, volunteers with youth sports organizations and other youth activities; to define terms; to provide for conformity with federal law; to provide for rules and regulations; to provide for fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas E Fort Y Goggans Y Golden Y Grant

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed

Y Smith Y Starr Y Staton Y Stephens Y Stoner E Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman E Walker Y Weber

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Y Hamrick Y Harbison E Harp Y Heath Y Henson

Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Whitehead Y Wiles E Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

SB 6, having received the requisite constitutional majority, was passed.

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.

Senator Shafer of the 48th asked unanimous consent that Senator Cagle of the 49th be excused. The consent was granted, and Senator Cagle was excused.

Senator Shafer of the 48th asked unanimous consent that Senator Whitehead of the 24th be excused. The consent was granted, and Senator Whitehead was excused.

SB 103. By Senators Wiles of the 37th, Whitehead of the 24th and Hill of the 32nd:

A BILL to be entitled an Act to amend Code Section 20-2-316, relating to required criteria for athletic associations organizing interscholastic sports events for state funded high schools, so as to establish certain criteria relating to mandatory classification of high schools according to student enrollment; to provide for other related matters; to repeal conflicting laws; and for other purposes.

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

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

Adelman N Balfour Y Brown Y Bulloch Y Butler E Cagle Y Carter Y Chance Y Chapman Y Douglas

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson
Jones Y Kemp N Me V Bremen Y Miles Y Moody

Y Smith Y Starr Y Staton Y Stephens Y Stoner E Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S

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E Fort Y Goggans N Golden Y Grant Y Hamrick Y Harbison E Harp N Heath Y Henson

Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

E Tolleson Y Unterman E Walker Y Weber E Whitehead Y Wiles E Williams
Zamarripa

On the passage of the bill, the yeas were 37, nays 4.

SB 103, having received the requisite constitutional majority, was passed.

SB 130. By Senators Miles of the 43rd, Williams of the 19th, Butler of the 55th, Goggans of the 7th, Moody of the 56th and others:

A BILL to be entitled an Act to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding property, so as to provide that churches shall be exempt from the provisions regulating the removal and storage of vehicles from private real property; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Senate Special Judiciary Committee offered the following substitute to SB 130:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding property, so as to provide that churches shall be exempt from the provisions regulating the removal and storage of vehicles from private real property; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding property, is amended by striking subsection (a) of Code Section 441-13, relating to removal of improperly parked cars or trespassing personal property, and inserting in its place the following:
(a) Any person or his or her authorized agent entitled to the possession of any parcel or space of private real property, hereinafter referred to as 'private property,' shall have the right to remove or cause to be removed from the property any vehicle or trespassing

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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 or the owners of places of religious worship, as defined in paragraph (2.1) of subsection (a) of Code Section 48-5-41, including churches, synagogues, and temples, shall not be required to comply with the posting requirements of this subsection. Only towing and storage firms issued permits or licenses by the local governing authority of the jurisdiction in which they operate or by the Department of Motor Vehicle Safety, and having a secure impoundment facility, shall be permitted to remove trespassing property and trespassing personal property at the request of the owner or authorized agent of the private property.

SECTION 2. 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:

Y Adelman Y Balfour Y Brown
Bulloch Y Butler E Cagle Y Carter Y Chance Y Chapman Y Douglas E Fort Y Goggans Y Golden Y Grant

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson
Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed

Y Smith Y Starr Y Staton Y Stephens Y Stoner E Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S E Tolleson Y Unterman E Walker
Weber

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Y Hamrick Y Harbison E Harp
Heath Y Henson

Y Rogers Schaefer
Y Seabaugh Y Seay Y Shafer,D

E Whitehead Y Wiles E Williams
Zamarripa

On the passage of the bill, the yeas were 40, nays 0.

SB 130, having received the requisite constitutional majority, was passed by substitute.

Senator Stephens of the 27th moved that the Senate stand adjourned pursuant to HR 392, until 10:00 a.m. Thursday, March 10, 2005; the motion prevailed, and at 12:40 p.m. the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Thursday, March 10, 2005
Twenty-ninth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

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

Mr. President:

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

HB 48.

By Representatives Golick of the 34th, Roberts of the 154th and O`Neal of the 146th:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 and Titles 36, 42, and 45 of the O.C.G.A., relating, respectively, to ethics in government; local government; penal institutions; and public officers, so as to provide for the comprehensive revision of provisions regarding ethics and conflicts of interest; to provide for and change certain definitions; to change certain provisions relative to declaration of policy; to provide for the timely issuance of advisory opinions by the State Ethics Commission and other matters relative to advisory opinions; to change provisions relating to the State Ethics Commission including its administrative attachment to the Secretary of States office; to provide for penalties; to provide for restrictions on the Governors appointment power under certain circumstances; to repeal conflicting laws; and for other purposes.

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HB 85.

By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th and Keen of the 179th:

A BILL to be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006; and for other purposes.

HB 663.

By Representatives Cooper of the 41st, Tumlin of the 38th, Setzler of the 35th, Jones of the 44th, Ehrhart of the 36th and others:

A BILL to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4078), so as to change the compensation of certain employees of such office; to repeal conflicting laws; and for other purposes.

HB 665.

By Representatives Golick of the 34th, Roberts of the 154th and Smith of the 129th:

A BILL to be entitled an Act to amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relating to public officers and employees, so as to change certain provisions relating to complaints or information regarding fraud, waste, and abuse in state programs and operations; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

HR 427. By Representative McCall of the 30th:

A RESOLUTION designating the second week of March 2005 as "Extension Living Well Week" in Georgia; and for other purposes.

The following communication was received by the Secretary:

Senator John Douglas District 17 302-A Legislative Office Building Atlanta, GA 30334

Committees: Veterans and Military Affairs Education and Youth Science and Technology Transportation

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The State Senate Atlanta, Georgia 30334

March 9, 2005

MEMORANDUM

TO:

Mr. Frank Eldridge

Secretary of the Senate

From: Senator John Douglas

This is to request that my name be removed from Senate Bill 278. If you have any questions, please do not hesitate to call.

Your cooperation of this request is greatly appreciated.

/s/ John Douglas

The following resolution was read and adopted:

SR 363. By Senator Zamarripa of the 36th:

A RESOLUTION welcoming Consul General Yeshun Hu to the Georgia General Assembly; and for other purposes.

Senator Zamarripa of the 36th introduced Yeshun Hu, Consul General of China, commended by SR 363.

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

SB 317. By Senator Shafer of the 48th:

A BILL to be entitled an Act to provide for findings of the General Assembly; to amend Chapters 3 and 4 of Title 20 of the Official Code of Georgia Annotated, relating respectively to postsecondary education and vocational, technical, and adult education, so as to provide that each publisher of a textbook shall provide for use by students having a print access disability an electronic format accessible to Braille translation, text to speech, and screenreading software of such textbook as is available; to provide for exceptions; to define terms; to provide for construction; to provide for counseling on avoiding violation of copyright laws and agreements not to duplicate; to provide for civil

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liability; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.
SB 318. By Senator Wiles of the 37th:
A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 19 of the Official Code of Georgia Annotated, relating to the Childrens Trust Fund Commission, so as to change the expenses allowable to members of the commission; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.
SB 319. By Senator Brown of the 26th:
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, so as to provide for procedures to ensure due process for peace officers in certain circumstances; to define certain terms; to prohibit discrimination; to provide that this Act does not preclude paid administrative leave in certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
SB 320. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend Title 25 of the O.C.G.A., relating to fire protection and safety, so as to reconstitute the Georgia Firefighter Standards and Training Council as the Georgia Fire College Council; to provide for the membership, appointments, terms, and duties of the Georgia Fire College Council; to provide for meetings of the council; to establish a quorum for such meetings; to establish the Georgia Fire College; to transfer the functions, duties, programs, property, and personnel of the Georgia Fire Academy to the Georgia Fire College; to repeal and reserve Chapter 7 of Title 25; to amend Code Section 45-9-102 of the O.C.G.A. and Title 47 of the O.C.G.A.; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

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SB 321. By Senator Williams of the 19th:
A BILL to be entitled an Act to provide for an alternate method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution of the State of Georgia between the Montgomery County School District and the City of Vidalia Independent School District located partially in Montgomery County; to provide for the authority of this Act; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 322. By Senator Williams of the 19th:
A BILL to be entitled an Act to provide for an alternate method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution of the State of Georgia between the Toombs County School District and the City of Vidalia Independent School District located in Toombs County; to provide for the authority of this Act; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 323. By Senator Williams of the 19th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Jeff Davis County, approved March 27, 1972 (Ga. L. 1972, p. 2760), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 324. By Senator Thompson of the 33rd:
A BILL to be entitled an Act to amend an Act creating a system of public schools for the City of Marietta in the County of Cobb, approved December 29,

THURSDAY, MARCH 10, 2005

1057

1890 (Ga. L. 1890-91, Vol. II, p. 1014), as amended, so as to provide for compensation of the board of education; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 325. By Senator Fort of the 39th:
A BILL to be entitled an Act to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, so as to provide the court with discretion under certain circumstances for offenses involving certain persons convicted of aggravated child molestation; to amend Code Section 17-10-6.1 of the Official Code of Georgia Annotated, relating to punishment for serious violent offenders, so as to provide for an appropriate cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SR 347. By Senators Thompson of the 33rd, Wiles of the 37th and Hill of the 32nd:
A RESOLUTION remembering the life of George Edward Bentley and honoring his memory by dedicating that portion of the GA 120 Loop in Marietta, Georgia, from the end of the Martin Luther King, Jr., designation to that portion crossing Black Jack Mountain Stables as the George Bentley Memorial Highway; and for other purposes.
Referred to the Transportation Committee.

SR 350. By Senators Unterman of the 45th, Johnson of the 1st and Thomas of the 54th:
A RESOLUTION creating the Senate Study Committee on the Creation of a Georgia State Board of Clinical Nephrology Technicians; and for other purposes.
Referred to the Health and Human Services Committee.
SR 353. By Senator Hill of the 4th:
A RESOLUTION urging Congress to oppose current budget proposals which

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would be damaging to Georgia veterans who depend on the state veterans homes; and for other purposes.
Referred to the Veterans and Military Affairs Committee.

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

HB 48. By Representatives Golick of the 34th, Roberts of the 154th, O`Neal of the 146th, Chambers of the 81st and Jennings of the 82nd:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 and Titles 36, 42, and 45 of the O.C.G.A., relating, respectively, to ethics in government; local government; penal institutions; and public officers, so as to provide for the comprehensive revision of provisions regarding ethics and conflicts of interest; to provide for and change certain definitions; to change certain provisions relative to declaration of policy; to provide for the timely issuance of advisory opinions by the State Ethics Commission and other matters relative to advisory opinions; to change provisions relating to the State Ethics Commission including its administrative attachment to the Secretary of States office; to provide for penalties; to provide for restrictions on the Governors appointment power under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Ethics Committee.
HB 85. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th and Keen of the 179th:
A BILL to be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006; and for other purposes.
Referred to the Appropriations Committee.
HB 663. By Representatives Cooper of the 41st, Tumlin of the 38th, Setzler of the 35th, Jones of the 44th, Ehrhart of the 36th and others:
A BILL to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4078), so as to change the

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compensation of certain employees of such office; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 665. By Representatives Golick of the 34th, Roberts of the 154th and Smith of the 129th:

A BILL to be entitled an Act to amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relating to public officers and employees, so as to change certain provisions relating to complaints or information regarding fraud, waste, and abuse in state programs and operations; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Ethics Committee.

HR 427. By Representative McCall of the 30th:

A RESOLUTION designating the second week of March 2005 as "Extension Living Well Week" in Georgia; and for other purposes.

Referred to the Rules Committee.

Senator Shafer of the 48th asked unanimous consent to suspend Senate Rule 4-2.6 to allow SB 241 to be read the second time the same day it is favorably reported.

The consent was granted and Senate Rule 4-2.6 was suspended.

The following committee reports were read by the Secretary:

Mr. President:

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

HB 166 SB 186 SB 243

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

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

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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 10 HB 212 HB 222

Do Pass by substitute

HB 416 Do Pass by substitute

Do Pass by substitute

SR 303

Do Pass

Do Pass

Respectfully submitted,

Senator Smith of the 52nd District, Chairman

Mr. President:

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

HB 20 HB 289

Do Pass Do Pass

Respectfully submitted, Senator Kemp of the 46th 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 207 HR 92

Do Pass Do Pass

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:

SB 64

Do Pass by substitute

Respectfully submitted, Senator Hamrick of the 30th District, Vice-Chairman

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1061

Mr. President:

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

SB 241 SB 245 SB 251

Do Pass Do Pass Do Pass by substitute

SB 316 SR 111

Do Pass Do Pass

Respectfully submitted, Senator Shafer of the 48th District, Chairman

Mr. President:

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

HB 146 HB 466 HB 598 HB 599 HB 612 HB 615 HB 618 HB 619 HB 623

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

HB 627 HB 635 HB 636 HB 639 SB 220 SB 235 SB 297 SB 307

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

Respectfully submitted, Senator Wiles of the 37th 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 279 HB 281

Do Pass as amended Do Pass
Respectfully submitted, Senator Williams of the 19th District, Chairman

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The following legislation was read the second time:

HB 22 HB 264 HB 384 SB 2 SB 113 SB 145

SB 153 SB 180 SB 192 SB 217 SB 218 SB 232

SB 234 SB 236 SB 241 SB 250 SB 260 SB 267

SB 268 SB 269 SB 275 SB 276 SB 277 SB 282

SB 283 SB 284 SB 286 SB 287 SB 290

SB 291 SB 298 SB 301 SB 308 SR 88

Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

Senator Staton of the 18th asked unanimous consent that Senator Douglas of the 17th be excused. The consent was granted, and Senator Douglas was excused.

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

Adelman Balfour Brown Bulloch Butler Cagle Carter Chance Chapman Goggans Golden Grant Hamrick Harbison Harp Heath Henson Hill,Jack

Hill,Judson Hooks Hudgens Johnson Jones Kemp Me V Bremen Miles Moody Mullis Pearson Powell Rogers Schaefer Seabaugh Seay Shafer,D

Not answering were Senators:

Douglas (Excused)

Fort

Thompson (Excused)

Smith Starr Staton Stephens Stoner Tate Thomas,D Thomas,R Thompson,C Tolleson Unterman Walker Weber Whitehead Wiles Williams Zamarripa
Reed

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1063

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

Senators:

Fort

Reed

The members pledged allegiance to the flag.

Senator Powell of the 23rd introduced the chaplain of the day, Bishop Clifford Duckworth of Sandersville, Georgia, who offered scripture reading and prayer.

Senator Kemp of the 46th recognized the 2004 University of Georgia baseball team and Coach David Perno, commended by SR 291 and SR 292, adopted previously.

The following resolutions were read and adopted:

SR 346. By Senators Staton of the 18th, Tolleson of the 20th and Chance of the 16th:

A RESOLUTION congratulating the 2005 Stratford Academy Girls Basketball Team, winners of the GISA Class AAA State Championship; and for other purposes.

SR 348. By Senators Rogers of the 21st, Moody of the 56th and Stephens of the 27th:

A RESOLUTION recognizing and commending Mr. Jeff Duncan; and for other purposes.

SR 349. By Senators Hill of the 32nd, Thomas of the 54th and Smith of the 52nd:

A RESOLUTION recognizing Health Care Decisions Week in Georgia; and for other purposes.

SR 351. By Senator Cagle of the 49th:

A RESOLUTION celebrating the 25th anniversary of the Georgia Mountains Center in Gainesville, Georgia, and commending the City Council of Gainesville for supporting this outstanding venue; and for other purposes.

SR 352. By Senator Cagle of the 49th:

A RESOLUTION commending the Flowery Branch High School wrestling team; and for other purposes.

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SR 354. By Senator Williams of the 19th:
A RESOLUTION recognizing and commending the late Billy Cowart as Appling County's 2004 Citizen of the Year; and for other purposes.
SR 355. By Senator Williams of the 19th:
A RESOLUTION honoring Mr. and Mrs. Earl D. McDaniel on the occasion of their fiftieth wedding anniversary; and for other purposes.
SR 356. By Senator Williams of the 19th:
A RESOLUTION honoring Mr. and Mrs. Vance McCall on the occasion of their fiftieth wedding anniversary; and for other purposes.
SR 357. By Senator Williams of the 19th:
A RESOLUTION honoring Mr. and Mrs. Raymond J. Fordham on the occasion of their fiftieth wedding anniversary; and for other purposes.
SR 358. By Senator Williams of the 19th:
A RESOLUTION honoring Mr. and Mrs. Julius Henderson on the occasion of their fiftieth wedding anniversary; and for other purposes.
SR 359. By Senator Williams of the 19th:
A RESOLUTION commending Justin Shae Feimster on becoming an Eagle Scout; and for other purposes.
SR 360. By Senator Williams of the 19th:
A RESOLUTION commending William Andrew Rice on becoming an Eagle Scout; and for other purposes.
SR 361. By Senator Williams of the 19th:
A RESOLUTION commending George Carter Chapman on becoming an Eagle Scout; and for other purposes.

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1065

SR 362. By Senator Williams of the 19th:

A RESOLUTION commending Harold W. Denney III on becoming an Eagle Scout; and for other purposes.

SR 364. By Senators Miles of the 43rd, Henson of the 41st, Adelman of the 42nd, Stoner of the 6th, Harbison of the 15th and others:

A RESOLUTION commending Jack and Jill of America, Inc.; and for other purposes.

Senator Hudgens of the 47th asked unanimous consent that Senator Moody of the 56th be excused. The consent was granted, and Senator Moody was excused.

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

SENATE LOCAL CONSENT CALENDAR

Thursday, March 10, 2005 Twenty-ninth Legislative Day

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

SB 220

Schaefer of the 50th RABUN COUNTY

A BILL to be entitled an Act to create the Rabun County 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 and authority to promote tourism, conventions, and trade shows in Rabun County, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directorship of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for regulations; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; to repeal conflicting laws; and for other purposes. (SUBSTITUTE)

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SB 297 HB 146

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Hamrick of the 30th Reed of the 35th DOUGLAS COUNTY
A BILL to be entitled an Act to amend an Act to create a new judicial circuit for the State of Georgia, to be known as the Douglas Judicial Circuit, to be composed of the County of Douglas, approved March 20, 1980 (Ga. L. 1980, p. 563), as amended, so as to provide for the employment by the district attorney with the approval of the board of commissioners of certain personnel; to provide that investigators employed by the district attorney shall have the powers of peace officers and shall be qualified as peace officers; to provide for related matters; to provide for applicability and automatic termination of such provision; to repeal conflicting laws; and for other purposes.
Grant of the 25th BALDWIN COUNTY
A BILL to be entitled an Act to provide that future elections for the office of judge of the probate court of Baldwin County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Grant of the 25th PUTNAM COUNTY
A BILL to be entitled an Act to create a board of elections and registration for Putnam 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 certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. (SUBSTITUTE)

HB 466 HB 598 HB 599 HB 612

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Hooks of the 14th STEWART COUNTY
A BILL to be entitled an Act to amend an Act abolishing the office of county treasurer of Stewart County, providing for the appointment of depositories for funds, and creating the office of disbursing clerk, approved August 20, 1927 (Ga. L. 1927, p. 666), as amended, so as to change certain provisions relating to appointment and bond of the disbursing clerk; to change certain provisions relating to duties of the disbursing clerk; to repeal conflicting laws; and for other purposes.
Hooks of the 14th PEACH COUNTY
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Peach County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Hooks of the 14th PEACH COUNTY
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of Peach County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Whitehead of the 24th Grant of the 25th WARREN COUNTY
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Warren County shall be nonpartisan elections held at the time of certain general primary elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

537

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HB 618 HB 619 HB 623

JOURNAL OF THE SENATE
Whitehead of the 24th Hudgens of the 47th ELBERT COUNTY
A BILL to be entitled an Act to amend an Act providing for a Board of Commissioners for the County of Elbert, approved February 27, 1875 (Ga. L. 1875, p. 253), as amended, particularly by an Act approved September 5, 1991 (Ga. L. 1991 Ex Sess., p. 370), so as to change provisions relating to the election and powers of the chairperson of the board of commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes.
Whitehead of the 24th LINCOLN COUNTY
A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Lincoln County, approved April 4, 1996 (Ga. L. 1996, p. 4210), as amended, so as to provide for the appointment of the members of such board; to repeal conflicting laws; and for other purposes.
Whitehead of the 24th LINCOLN COUNTY
A BILL to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Lincoln, approved February 25, 1949 (Ga. L. 1949, p. 1228), so as to provide for the determination of a fiscal year by the board of commissioners; to provide for an audit in accordance with law; to provide for related matters; to repeal conflicting laws; and for other purposes.
Hooks of the 14th MARION COUNTY
A BILL to be entitled an Act to amend an Act creating the Marion County Board of Elections and Registration, approved June 3, 2003 (Ga. L. 2003, p. 4474), so as to change the provisions relating to meetings of the board; to change the provisions relating to compensation of the members of the board; to repeal conflicting laws; and for other purposes.

HB 627 HB 635

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Hooks of the 14th PRESTON, CITY OF
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new Charter for the City of Preston in the County of Webster," approved May 17, 2004 (Ga. L. 2004, p. 4127), so as to provide for the continuation in office of the mayor and commissioners; to provide for terms and elections; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Douglas of the 17th Miles of the 43rd ROCKDALE COUNTY
A BILL to be entitled an Act to amend an Act relating to the Rockdale Judicial Circuit and the judges thereof, approved March 27,1991 (Ga. L. 1991, p. 276), so as to make certain provisions for the court reporter or court reporters for the judicial circuit; to provide that the court reporter or court reporters for the circuit shall receive a stated salary in lieu of per diem compensation; to provide for conformity with other provisions of law and rules; to provide for an effective date; 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 local bill relating to homestead exemptions requires a two-thirds roll-call vote for passage:

HB 636

Miles of the 43rd CONYERS, CITY OF
A BILL to be entitled an Act to amend an Act to provide a homestead exemption from City of Conyers ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for each resident of the City of Conyers, which is in lieu of and not in addition to any other homestead exemption applicable to City of Conyers ad valorem taxes for municipal purposes, approved April 19, 2001 (Ga. L. 2001, p. 4394), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5082), so as to increase the homestead exemption to $20,000.00; to provide for conditions and procedures relating

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thereto; to provide for a referendum; to provide for applicability; to provide an effective date and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

HB 639

Hooks of the 14th ELLAVILLE, CITY OF

A BILL to be entitled an Act to amend an Act providing a new charter for the City of Ellaville, approved April 8, 2002 (Ga. L. 2002, p. 3839), as amended, so as to authorize the city council to appoint the same individual as both city manager and city clerk; to provide for the duties and powers of such city official; to repeal conflicting laws; and for other purposes.

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

*SB 220:

The Senate State and Local Governmental Operations Committee offered the following substitute to SB 220:

A BILL TO BE ENTITLED AN ACT

To create the Rabun County 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 and authority to promote tourism, conventions, and trade shows in Rabun County, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directorship of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for regulations; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; 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 "Rabun County Convention and Visitors Bureau Authority Act."

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SECTION 2. Definitions and references.
As used in this Act, the term: (1) "Area" means the entirety of the geographic area of Rabun County, Georgia. (2) "Authority" means the Rabin County Convention and Visitors Bureau Authority. (3) "Board" means the board of directors of the Rabun County Convention and Visitors Bureau Authority. (4) "Cities" means the Cities of Clayton, Dillard, and Sky Valley. (5) "County" means Rabun County, Georgia. (6) "Special events" means events which, in the judgment of the authority, will promote tourism in the area or privately contracted functions.
SECTION 3. Creation of authority, status, tax exemption, and sovereign immunity.
(a) There is hereby created a body public and politic to be known as the Rabun County Convention and Visitors Bureau Authority. The authority shall be deemed to be a political subdivision of the state and a public corporation and, by that name, may contract and be contracted with, sue and be sued, implead and be impleaded, and bring and defend actions. The authority shall be a convention center and visitors bureau authority created by Act of the General Assembly, and is intended to be an agency and instrumentality of the city and county, and a governmental unit for purposes of Sections 103, 141, and 150 of the federal Internal Revenue Code of 1986, as amended. The authority shall not be a state institution, nor a department or agency of the state, but shall be a creation of the state, having a distinct corporate identity. For the purposes of promotion and development of tourism as provided in Code Section 48-13-51 of the Official Code of Georgia Annotated, the Rabun County Convention and Visitors Bureau Authority established by this act shall serve as a permissible, but not the exclusive, entity for the transfer of hotel and motel tax funds by the taxing entities in Rabun County. (b) The authority shall have its principal office within Rabun County, and its legal situs or residence for the purposes of this Act shall be the county. (c) The exercise of the powers conferred upon the authority in this Act shall constitute an essential governmental function for a public purpose. The properties of the authority, both real and personal, and the income of the authority are declared to be public properties and income used for the benefit and welfare of the people of Rabun County and not for the purpose of private or corporate benefit; and such properties, to the extent of the authoritys ownership thereof or other interest therein, and all income and obligations of the authority 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 as are now granted to cities and counties for the operation of properties or facilities similar to the properties and facilities to be owned or operated, or both, by the authority.

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(d) The authority shall have the same immunity and exemption from liability for torts and negligence as the state, and the officers, agents, and employees of the authority, when in performance of work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of the State of Georgia. The authority may be sued the same as private corporations on any contractual obligation of the authority. Any action to protect or to enforce any rights pursuant to the provisions of this Act or any suit or action against the authority shall be brought in the Superior Court of Rabun County, which shall have exclusive, original jurisdiction of such actions. The property of the authority shall not be subject to levy and sale under legal process. The records of the authority shall be public records which are subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A. 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 or county.
SECTION 4. Directors and meetings.
(a) The property and business of the authority and the direction of its work shall be vested in and managed under the direction of its board of directors. The board shall have full control for setting policies, day-to-day operations, and approving annual budgets, as specified in Section 8 of this Act, subject only to the limitation specified herein. (b) The board shall consist of 22 directors, who shall be natural persons at least 21 years of age and who shall be residents of the county. The city councils of the Cities of Clayton, Dillard, and Sky Valley, the county board of commissioners, and the Rabun County Chamber of Commerce shall appoint one director each, who may or may not be directors of the respective council or board of commissioners, and who shall serve twoyear terms. The five initial appointees shall make 17 additional appointments, subject to confirmation by the city council of each city, the county board of commissioners, and the chamber of commerce. In order to achieve staggered terms, nine of such 17 appointments shall be designated as being for one year and eight shall be designated for two years. Thereafter, all directors shall serve for terms of two years. The terms of directors shall expire on the last day of January of the year of expiration and appointments for the succeeding two-year term shall be made in January with such appointments being effective as of the next February 1. Any director may resign at any time by filing a written notice of resignation with the chairperson of the board. Directors may be removed for cause by a majority vote of the directors of the authority. If possible, the following shall be represented on the board:
(1) Rabun county resort properties; (2) The Dillard hotel and motel industry; (3) The Clayton hotel and motel industry; (4) The Rabun County bed and breakfast industry; (5) Clayton merchants; (6) Dillard merchants;

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(7) State or federal government, such as the U.S. Forest Service and state parks; (8) The outdoor recreation industry; (9) The agricultural tourism industry; (10) Environmental or conservation groups; (11) Rabun County restaurants including at least one major restaurant; (12) Georgia Power Company or other Rabun County utilities; (13) Rabun County banking industry; (14) Rabun County realtors; (15) Rabun County property rental companies; and (16) Major resorts in the county. (c) The board shall meet at such times as may be necessary to transact the business coming before it, but not less often than monthly. Either the chairperson or any two other directors together may call a special meeting of the board. Meetings of the board shall be open to the public in accordance with the laws of the State of Georgia. Written minutes of all meetings shall be kept, and within ten days following every meeting, a copy of the minutes shall be furnished to the mayor and council of each city and to the county board of commissioners. Meetings shall be conducted in accordance with the latest version of Roberts Rules of Order. (d) At the first meeting of the board, and thereafter subsequent to the biennial new appointments, the directors shall elect a chairperson and a vice chairperson from its voting directorship. The chairperson shall preside at meetings of the board and shall vote on all matters coming before the board except when an even number of directors are present and creates the possibility of a tie vote. In such instance, the chairperson shall not vote except to break a tie vote. The vice chairperson shall preside at meetings in the absence of the chairperson. In the absence of both the chairperson and vice chairperson, the directors present at a meeting shall elect a temporary chairperson to preside at that meeting, so long as the chairperson and vice chairperson both remain absent from the meeting. A quorum shall consist of at least 50 percent of the whole number of directors then in office for the transaction of business at all meetings. Official action may be taken by majority vote of those directors voting on a matter if a quorum is present and voting on such matter, except that the bylaws of the authority shall be initially adopted or subsequently amended only by majority vote of all directors. All directors present at a meeting, including the chairperson, vice chairperson, or any other director presiding at such meeting, shall be entitled to vote on all matters which shall come before the board. No vacancy on the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority. (e) Directors shall receive no compensation for their services as directors of the authority but may be reimbursed for their proper and reasonable expenses incurred in the performance of their duties, subject to any limitations imposed by general law upon the reimbursement of public officials and subject to any limitations which may be contained, from time to time, in the bylaws of the authority. (f)(1) As used in this subsection, the term "substantial interest or involvement" means any interest or involvement which reasonably may be expected to result in a direct

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financial benefit to a director, as determined by the authority directors by vote, which determination shall be final and not subject to review. (2) The provisions of Code Section 45-10-3 of the O.C.G.A. shall apply to the directors of the authority, and a director of the authority shall not engage in any transaction with the authority. The provisions of this paragraph and the provisions of paragraph (9) of such Code section shall be deemed to have been complied with and the authority may purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any director or any organization or person with which any director of the authority is in any way interested or involved, provided that:
(A) Any interest or involvement by such director is disclosed in advance to the directors of the authority who will be voting on the matter or transaction and such disclosure is recorded in the minutes of the board; (B) No director having such a substantial interest or involvement may be present at that portion of any meeting of the authority during which discussion of such matter or transaction is conducted; and (C) No director having a substantial interest or involvement may participate in any decision of the authority directors relating to any such matter or transaction. A director who has any such substantial interest or involvement shall be entitled to participate in discussions of whether such interest or involvement is a substantial interest or involvement but shall not be entitled to vote on the question. (3) Nothing contained in this subsection or in Code Section 45-10-3 of the O.C.G.A. shall be deemed to prohibit any director from providing legal services to the authority, being paid for such services and related expenses, or participating in discussions relating to his or her engagement, scope of services, compensation, or related matters or from voting on such matters.
SECTION 5. Purpose.
The purpose of the authority is to promote tourism, conventions, special events, and trade shows within the area in such manner and manners as the authority shall determine to be appropriate.
SECTION 6. Duty of the authority.
It shall be the duty of the authority to promote tourism, conventions, special events, and trade shows within the area and to operate the authority and its facilities in a fiscally responsible manner.
SECTION 7. Powers.
(a) The authority shall have all powers allowed by law and consistent with the provisions of this Act as are necessary or convenient to carry out its corporate purpose, including,

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without limitation, the power to: (1) Adopt and alter a corporate seal; (2) Purchase advertising promoting tourism, conventions, trade shows, and special events; (3) Encourage, solicit, promote, procure, sponsor, cosponsor, and service conventions, trade shows, and special events; (4) Lend financial support through grants, contributions, or otherwise to other governmental entities in furtherance of its corporate purpose; (5) Lend financial support through grants, contributions, or otherwise to private sector for profit and not for profit entities in furtherance of its corporate purpose, specifically provided that the authority determines that the residents of the area shall receive a substantial benefit and provided that it does so by written agreement; (6) Conduct activities to foster better public understanding on the part of individuals and businesses of the importance of tourism and the convention and visitors industry to the economy of the cities, of the county, and of the area; (7) Conduct activities to encourage and to assist the cooperation between the businesses and industries servicing tourists, conventions, trade shows, and special events; (8) Engage in fundraising activities in furtherance of its corporate purpose; (9) Acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (10) Dispose of personal property in its discretion; to dispose of real property; or to acquire in its own name by purchase, upon terms and conditions and in a manner it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purpose, to use the same so long as its corporate existence shall continue, or to lease or make contracts with respect to the use of the same. If the authority deems it expedient to acquire and construct any facility on any lands, the title to which shall then be held by the city, the county, or any other municipality incorporated in said county, the governing authority or body of the city, the county, or any of the said municipalities is authorized to convey title to such lands to the authority upon the receipt of such lawful consideration as may be determined by the parties for such conveyance or upon payment for the credit of the general finds of said county or municipalities of the reasonable value of such lands, such value to be determined by mutual consent of said county or municipality and the chairperson of the authority; (11) Appoint, select, and employ an executive director, officers, agents, and employees, and independent consultants including but not limited to engineering, architectural, and construction experts, fiscal agents, auditors, economists, and attorneys and fix their respective compensations; and to delegate to the executive director the authority and responsibility necessary to administer properly the day-today business of the authority within policies set by the board and subject to its review. The powers delegated to the executive director may, at the election of the board, include the making of recommendations as to the hiring and termination of other

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employees and their compensation, the management of the authoritys offices and properties, the making of budget recommendations, and the hiring of independent consultants. The board shall ensure that the executive director and any other employees of the authority shall be evaluated on their performance no less than on an annual basis. (12) Appoint an advisory committee and other committees of persons from the public and private sectors without regard to their places of residence; (13) Make contracts of every kind and character, and, without limitation, any and all persons, firms, and corporations and the state and any and all political subdivisions, departments, institutions, or agencies of the state, including, but not limited to, the county and the cities, are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, the authority shall be permitted to enter into the following:
(A) Contracts under which the authority purchases administrative and financial management services from the city or county to be performed by personnel at the citys or countys cost, which shall include the costs of payroll, employee benefits, supplies, and overhead reasonably allocable to the performance of such services; and (B) Lease contracts relating to leases of real property, personal property, or both real and personal property; (14) Accept loans and grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof, upon such terms and conditions as the United States or such agency or instrumentality may impose; (15) Accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political division thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (16) Sell, lease, grant, exchange, or otherwise dispose of any personal property or interest therein; (17) Sue and be sued in contract and in tort and to complain and defend in all courts; (18) Advise and recommend plans to other public and private sector entities for the promotion of tourism, conventions, trade shows, and special events; (19) Conduct studies and develop plans for improving tourism in the area; (20) Receive and disburse public funds appropriated by the city and county and to receive and disburse funds from private sources and other revenues which may be received from time to time which would assist in the accomplishment of its corporate purpose; and (21) Do all things necessary or convenient to accomplish its corporate purpose and to exercise any power permitted by the laws of this state to be exercised by private corporations which will further the authoritys ability to accomplish such purpose, so long as the exercise of such power is not in conflict with the Constitution or laws of this state.

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(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 any other powers elsewhere in this Act or which may reasonably be inferred from the provisions of this Act. This Act shall be liberally construed to affect the described purposes, and in interpreting this Act, the courts are not to apply "Dillons Rule."
SECTION 8. Budget and finances.
(a) A budget committee consisting of the directors appointed by the governing authority of the county and by the chamber of commerce shall prepare the initial budget for the authority. Such budget shall be approved by unanimous vote of the committee, after which it shall be submitted to the full board of directors for approval by majority vote. Such initial budget shall not become effective until it has been approved by the governing authorities of the county and each city. The same process shall govern the second budget year, after which the procedures provided in subsection (b) of this section shall apply; provided, however, that if the second year budget fails to receive the required approval of the budget committee, the board of directors, or a governing authority, the provisions of subsection (b) of this section shall take effect immediately. (b) On or before April 30 of each year, the authority shall receive its verified audit for the prior year. Prior to October 1 of each year, the chairperson of the board shall appoint one director of the authority to confer jointly with the administrators or mayor of each city that collects hotel motel taxes and with the county administrator and to act as liaison with regard to a proposed budget for the authority for the ensuing year. Such persons shall annually be known as the Budget Committee. The Budget Committee shall produce a proposed budget for approval by the board and submission, by October 1 of each year, to the mayors and councils of the cities that collect hotel motel taxes and to the county board of commissioners. If the Budget Committee does not unanimously present a proposed budget to the board for approval and submission, then the board shall submit a continuation budget not greater than the total approved budget for the current year. The continuation budget shall include any upward or downward adjustment necessary to meet all debt service requirements. If either the cities or county, or both, shall fail or refuse to approve the budget as submitted by the board by December 31, then the continuation budget, as set forth above, shall become automatically effective in order to ensure operational continuity of the authority. Commencing Fiscal Year 2005, the cities and county shall each be required to provide funding to the authority as provided in paragraph (5.3) of Code Section 48-13-51 of the O.C.G.A. The continuation budget as set forth above shall remain in effect until the next budget cycle. In the event of a failure to reach budget agreement at that time or in subsequent years, then a percentage increase shall automatically apply to all line items of the budget equivalent to the percentage increase for the relevant time period as determined by the Blue Book CPI index for all consumer goods.

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SECTION 9. Bylaws.
The authority may, by affirmative vote of a majority of all directors, adopt bylaws to govern the authority, its employees, and operation and may, by affirmative vote of twothirds of the directors, repeal, replace, or amend such bylaws.
SECTION 10. Liability limited.
Neither the directors of the authority nor any person executing notes, leases, or other agreements or obligations on behalf of the authority shall be personally liable thereon by reason of such execution.
SECTION 11. Neither cities nor county bound.
The authority shall have no power or authority to bind the cities or the county by any contract, agreement, financial obligation, indebtedness, or otherwise; and no contract, agreement, financial obligation, or indebtedness incurred by the authority shall ever be a claim or charge against the cities or county; provided, however, that both the authority and the cities or county shall be bound to each other by contracts, agreements, financial obligations, or indebtedness between themselves.
SECTION 12. Oversight.
Either the mayor and council of any of the cities or the county board of commissioners, or the designees of either, shall be authorized to inspect at their pleasure the state and condition of the authority, its properties, and all books and records pertaining to the authority and its affairs, and the authority shall give them such books and records and furnish them with assistance in making such inspections.
SECTION 13. Dissolution.
Should the authority, for any reason, be dissolved after full payment of all indebtedness previously incurred, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the authority at the time of such dissolution shall be conveyed to the cities and to the county as tenants in common as may be appropriate; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to such property at the time of such conveyance.

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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 47, nays 0, and the substitute was adopted.
*HB 146:
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 146:
A BILL TO BE ENTITLED AN ACT
To create a board of elections and registration for Putnam 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 certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created the Board of Elections and Registration of Putnam County, hereinafter referred to as "the board." The board shall have the powers, duties, and responsibilities of the judge of the probate court of Putnam County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," and the powers, duties, and responsibilities of the board of registrars of Putnam County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2. The terms "election," "elector," "political party," "primary," and "public office" shall have the same meaning 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

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"commissioners" means the Board of Commissioners of Putnam County and "county" means Putnam County.
SECTION 3. (a) The board shall be composed of five members who shall be appointed as provided in this section. (b) Two members of the board shall be appointed by the chairperson of the county executive committee of 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 chairperson of 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 appointment shall have been ratified by a majority of the members of each of such respective executive committees voting at a regularly scheduled meeting of such executive committees or a meeting duly called and held for such purpose. In the event that the members of said executive committees fail to appoint such members at least 30 days preceding the date on which such members are to take office, such members shall be appointed by the governing authority of Putnam County. In the event that there is no county executive committee of a political party, the appointments on behalf of such political party shall be made by the state executive committee of such party. (c) One member of the board shall be selected by the governing authority of Putnam County. (d) All appointments to the board shall be promptly certified by the appointing authority of Putnam County to the clerk of the Superior Court of Putnam County. (e) The initial appointees to the board shall take office on July 1, 2005. The member appointed by the governing authority of Putnam County and one of the two members appointed by each political party shall serve terms beginning on July 1, 2005, and ending on June 30, 2009, and until his or her respective successor is duly appointed and qualified. Successors to each such member shall thereafter be appointed by the appropriate appointing authority to serve a term of office of four years beginning July 1, 2009, and until his or her respective successor is duly appointed and qualified. The other appointee of each political party shall serve a term beginning on July 1, 2005, and ending on June 30, 2007, and until his or her respective successor is duly appointed and qualified. Successors to such members shall thereafter be appointed by the appropriate appointing authority to serve terms of office of four years beginning July 1, 2007, and until their successors are duly appointed and qualified. Thereafter, all members shall be appointed to serve four-year terms of office. The executive committees of each political party making the initial appointments under this section shall designate which term each appointee shall serve. (f) The member of the board appointed by the governing authority of Putnam County shall serve as chairperson.

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SECTION 4. The board shall be authorized to appoint a person to serve as the election supervisor of Putnam County. Such position shall be full-time and such person shall be paid a salary to be set by the board and payable from county funds. The election supervisor shall generally direct and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The election supervisor shall be supervised by the board and shall be subject to removal from office by the board, with or without cause, and shall be subject to removal from office by the Board of Commissioners of Putnam County pursuant to the Putnam County personnel policy in effect at the time, hereby making the election supervisor subject to such personnel policy.
SECTION 5. Each member of the board shall:
(1) Be eligible to be reappointed to succeed such member up to a total of two full four-year terms of office; (2) Have the right to resign at any time by giving written notice of such resignation to the governing authority of Putnam County and to the clerk of the superior court; and (3) Be subject to removal from the board at any time, for cause, after notice and hearing, by the chief judge of the Superior Court of Putnam County.
SECTION 6. (a) The appointing authority shall certify the appointment of each member of the board by filing an affidavit with the clerk of the superior court no later than 30 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. (b) 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 7. In the event a vacancy occurs in the office of any member before the expiration of his or her term, by removal, death, resignation, or otherwise, the appointing authority which is required under Section 3 of this Act to make the appointment to the office upon the expiration of the term shall appoint a successor to serve the remainder of the unexpired term as provided for in Section 3 of this Act. If the vacancy in office is not filled within 60 days after it occurs, the vacancy shall be filled for the remainder of the term by the governing authority of Putnam County. The clerk of the superior court shall be notified of such interim appointments and record and certify such appointments in the same manner as the regular appointment of members.

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SECTION 8. (a) The first members of the board under this Act shall be appointed as provided in this Act to take office on July 1, 2005. The board shall take no official action until all members have been certified to the clerk of the Superior Court of Putnam County. (b) 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.
SECTION 9. (a) No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective office, and the position of any member of the board shall be deemed vacant upon such members qualifying as a candidate for elective public office. (b) Members of the board must be residents of Putnam County and must have been registered voters in Putnam County for a period of at least one year prior to the date of appointment to the board.
SECTION 10. (a) Nothing in this Act shall be construed to require or prohibit joint primaries or to require or prohibit the commissioners or any other public agency to bear any expense of conducting primaries not otherwise required by law. (b) The board shall have the authority to contract with any municipality located within Putnam County for the holding by the board of any primary or election to be conducted within such municipality.
SECTION 11. With the approval of the commissioners, the board shall be authorized to expend public funds for the purpose of preparing and distributing material solely to inform and instruct electors of the county adequately with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support with respect to any political issue or matter of political concern.
SECTION 12. (a) The board shall be authorized and empowered to organize itself, elect from among its members a vice chairperson, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of its affairs; provided, however, that no such action shall conflict with state law. (b) Action and decision by the board shall be by a majority of the members of the board.
SECTION 13. (a) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold

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meetings at the county courthouse or at the place of meeting of the commissioners. Any specially called meetings held pursuant to the bylaws adopted by the board shall be held only after notification of the time and place of the holding of such special meeting has been communicated in writing to the election supervisor to provide public notice of the meeting as required by law. All meetings of whatever kind of the board shall be conducted pursuant to Chapter 14 of Title 50 of the O.C.G.A. (b) 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 pursuant to Article 4 of Chapter 18 of Title 50 of the O.C.G.A.
SECTION 14. (a) The chairperson of the board of elections and registration shall chair all meetings of the board and be the spokesperson for the board. (b) Compensation for the members of the board shall be fixed by the commissioners. (c) All amounts payable under this section shall be paid from the funds of Putnam County.
SECTION 15. Subject to appropriation of funds by the commissioners, the board shall be authorized to expend public funds to provide for such proper and suitable administrative offices and for such clerical assistants and other employees as the board shall deem appropriate. Such clerical assistants and other employees shall be subject to removal from office by the Board of Commissioners of Putnam County pursuant to the Putnam County personnel policy in effect at the time, hereby making such clerical assistants and other employees subject to such personnel policy. Compensation for such administrative personnel shall be paid by the board under the county personnel system wholly from county funds. This section shall not be construed so as to require the board to expend any funds simply because it is authorized to do so under this Act.
SECTION 16. The board shall be responsible for the selection, appointment, and training of poll workers.
SECTION 17. The Board of Commissioners of Putnam County shall cause, through its legal counsel, this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, within 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 18. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of making initial appointments to the board only. This Act shall become fully effective on July 1, 2005. Upon this Act becoming fully

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effective, the superintendent of elections of Putnam County and the board of registrars of Putnam 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 19. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was adopted.

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

On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp
Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp
Me V Bremen Y Miles E Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer
Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker
Weber Y Whitehead Y Wiles
Williams Y Zamarripa

On the passage of the local bills, the yeas were 47, nays 0.

The bills on the Local Consent Calendar, except SB 220 and HB 146, having received the requisite constitutional majority, were passed.

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SB 220 and HB 146, having received the requisite constitutional majority, were passed by substitute.

The following legislation, favorably reported by the committees, as listed on the General Consent Calendar for Commemorative Resolutions, was put upon its adoption.

Senator Henson of the 41st asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused.

GENERAL CONSENT CALENDAR FOR
COMMEMORATIVE RESOLUTIONS THURSDAY, MARCH 10, 2005
TWENTY-NINTH LEGISLATIVE DAY

SR 100

Professional Athletes/ Franchises; urge good sportsmanship/ appropriate actions (I&L-52nd)

SR 124

Towers, Admiral John Henry; honoring (RULES-52nd)

SR 156

Textile Industry; urge Committee on the Implementation of Textile Agreements to approve safeguard petitions (ECD-53rd)

SR 163

Public-Private Infrastructure Projects; create Senate Study Committee (ECD-56th)

SR 298

Emerging Communication Technologies Study Committee; create (Amendment)(RI&Util-28th)

SR 129

Israel; urge national support; declare support of Georgia (RULES-50th)

SR 280

Designate; Thomas B. Darieng Sr.; Highway; Bryan County (TRANS-1st)

SR 282

John Lee Drake, Sr. Highway; dedicate (TRANS-11th)

SR 304

O'Neal, Ronnie; Georgia's troopers who have died in the line of duty; honoring (TRANS-1st)

SR 305

Designate; Mack Mattingly Highway; Glynn County (TRANS-1st)

SR 294

Cervical Cancer Elimination Task Force; create (H&HS-54th)

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

*SR 298:

The Senate Regulated Industries and Utilities Committee offered the following amendment:

Amend SR 298 by striking lines 6 and 7 on page 2 and inserting in lieu thereof the following: Georgia. The .

On the adoption of the amendment, the yeas were 49, nays 0, and the amendment was adopted.

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

On the adoption of the legislation on the General Consent Calendar for Commemorative Resolutions, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch
Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen
Miles E Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer
Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the legislation, the yeas were 49, nays 0.

THURSDAY, MARCH 10, 2005

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The legislation on the General Consent Calendar for Commemorative Resolutions, except SR 298, having received the requisite constitutional majority, was adopted.

SR 298, having received the requisite constitutional majority, was adopted as amended.

The following legislation, favorably reported by the committees, as listed on the General Consent Calendar For Noncontested General Bills, was put upon its passage.

CONSENT CALENDAR FOR NONCONTESTED SENATE GENERAL LEGISLATION
THURSDAY, MARCH 10, 2005 TWENTY-NINTH LEGISLATIVE DAY

SB 81

Patient Access to Eye Care Act; blindness education, screening, treatment program (Substitute)(H&HS-47th)

SB 117

License Plates; issued in or before 1970; authentic; authorize display (PS&HS-31st)

SB 126

Special License Plate; promoting Georgia Center for Book; issuance, renewal (PS&HS-16th)

SB 142

Plates, Prestige License; promote foundation of Atlanta Braves professional sports teams (PS&HS-53rd)

SB 239

Plates, Prestige License; promote foundation of Atlanta Falcons (PS&HS-53rd)

SB 255

License Plates, Special; family member serving in military (PS&HS-17th)

SB 257

License Plates, Special; supporting Georgia troops (PS&HS-17th)

SB 201

Deer Management Act; change certain provisions (Substitute)(NR&E-7th)

SB 44

Corrections; contracts with private detentions/diversion centers; regulations (SI&P-30th)

SB 206

Hunting Wildlife; season/bag limits; weapons; change provisions (Substitute)(NR&E-19th)

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Military Members on Duty; licenses; jury duty; exemptions/terminations (Substitute)(V&MA-17th)
Torts; immunity from civil liability for non-profit organizations (Substitute)(JUDY-32nd)
Georgia Computer Security Act; definitions; deceptive acts; penalties (Substitute)(S&T-18th)

Senator Thomas of the 2nd objected to SB 44 on the Consent Calendar for Noncontested General Legislation.
SB 44 was placed at the foot of today's Senate Rules Calendar.
Senator Thompson of the 33rd objected to the Consent Calendar for Noncontested General Legislation.
Senator Thompson of the 33rd withdrew his objection.
Senator Adelman of the 42nd objected to SB 258 and SB 127 on the Consent Calendar for Noncontested General Legislation.
SB 258 and SB 127 were placed at the foot of today's Senate Rules Calendar.
The substitutes to the following bills were put upon their adoption:
*SB 81:
The Senate Health and Human Services Committee offered the following substitute to SB 81:
A BILL TO BE ENTITLED AN ACT
To amend Article 2 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, known as the "Patient Access to Eye Care Act" and further relating to the blindness education, screening, and treatment program, and Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to recodify the provisions relating to patient access to eye care as a portion of Title 33, the "Georgia Insurance Code"; to provide for enforcement by the Commissioner of Insurance and the powers of the Commissioner related thereto; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 10, 2005

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, known as the "Patient Access to Eye Care Act" and further relating to the blindness education, screening, and treatment program, is amended by striking Code Sections 31-1-20, 31-121, and 31-1-22, relating to a short title, definitions, and health care insurers providing benefit plans including eye care, and inserting in their place the following:
31-1-20. This article shall be known and may be cited as the 'Patient Access to Eye Care Act.' Reserved.
31-1-21. As used in this article, the term:
(1) 'Covered person' means an individual enrolled in a health benefit plan or an eligible dependent thereof. (2) 'Covered services' means those health care services which a health care insurer is obligated to pay for or provide to a covered person under a health benefit plan. (3) 'Eye care' shall mean those health care services and materials related to the care of the eye and related structures and vision care services which a health care insurer is obligated to pay for or provide to covered persons under the health benefit plan. (4) 'Health benefit plan' means any public or private health plan, program, policy, or agreement implemented in this state which provides health benefits to covered persons, including but not limited to payment and reimbursement for health care services. (5) 'Health care insurer' means an entity, including but not limited to insurance companies, hospital service nonprofit corporations, nonprofit medical service corporations, health care corporations, health maintenance organizations, and preferred provider organizations, authorized by the state to offer or provide health benefit plans, programs, policies, subscriber contracts, or any other agreements of a similar nature which compensate or indemnify health care providers for furnishing health care services. Reserved.
31-1-22. (a) A health care insurer providing a health benefit plan which includes eye care benefits shall:
(1) Not set professional fees or reimbursement for the same eye care services as defined by established current procedural terminology codes in a manner that discriminates against an individual eye care provider or a class of eye care providers; (1.1) Not preclude a covered person who seeks eye care from obtaining such service directly from a provider on the health benefit plan provider panel who is licensed to provide eye care; (2) Not promote or recommend any class of providers to the detriment of any other

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class of providers for the same eye care service; (3) Ensure that all eye care providers on a health benefit plan provider panel are included on any publicly accessible list of participating providers for the plan; (4) Allow each eye care provider on a health benefit plan provider panel, without discrimination between classes of eye care providers, to furnish covered eye care services to covered persons to the extent permitted by such providers licensure; (5) Not require any eye care provider to hold hospital privileges or impose any other condition or restriction for initial admittance to a provider panel not necessary for the delivery of eye care upon such providers which would have the effect of excluding an individual eye care provider or class of eye care providers from participation on the health benefit plan; and (6) Include optometrists and ophthalmologists on the health benefit plan provider panel in a manner that ensures plan enrollees timely access and geographic access. (b) Nothing in this Code section shall preclude a covered person from receiving eye care or other covered services from the covered persons personal physician in accordance with the terms of the health benefit plan. (c) A person adversely affected by a violation of this Code section by a health care insurer may bring an action in a court of competent jurisdiction for injunctive relief against such insurer and, upon prevailing, in addition to any injunctive relief that may be granted, shall recover from such insurer damages of not more than $100.00 and attorneys fees and costs. (d) Nothing in this Code section requires a health benefit plan to include eye care benefits. Reserved.
SECTION 2. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding at the end thereof a new Code Section 33-2459.12 to read as follows:
33-24-59.12. (a) This Code section shall be known and may be cited as the 'Patient Access to Eye Care Act.' (b) As used in this Code section, the term:
(1) 'Covered person' means an individual enrolled in a health benefit plan or an eligible dependent thereof. (2) 'Covered services' means those health care services which a health care insurer is obligated to pay for or provide to a covered person under a health benefit plan. (3) 'Eye care' means those health care services and materials related to the care of the eye and related structures and vision care services which a health care insurer is obligated to pay for or provide to covered persons under the health benefit plan. (4) 'Health benefit plan' means any public or private health plan, program, policy, or agreement implemented in this state which provides health benefits to covered persons, including but not limited to payment and reimbursement for health care services.

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(5) 'Health care insurer' means an entity, including but not limited to insurance companies, hospital service nonprofit corporations, nonprofit medical service corporations, health care corporations, health maintenance organizations, and preferred provider organizations, authorized by the state to offer or provide health benefit plans, programs, policies, subscriber contracts, or any other agreements of a similar nature which compensate or indemnify health care providers for furnishing health care services. (c) A health care insurer providing a health benefit plan which includes eye care benefits shall: (1) Not set professional fees or reimbursement for the same eye care services as defined by established current procedural terminology codes in a manner that discriminates against an individual eye care provider or a class of eye care providers; (2) Not preclude a covered person who seeks eye care from obtaining such service directly from a provider on the health benefit plan provider panel who is licensed to provide eye care; (3) Not promote or recommend any class of providers to the detriment of any other class of providers for the same eye care service; (4) Ensure that all eye care providers on a health benefit plan provider panel are included on any publicly accessible list of participating providers for the plan; (5) Allow each eye care provider on a health benefit plan provider panel, without discrimination between classes of eye care providers, to furnish covered eye care services to covered persons to the extent permitted by such providers licensure; (6) Not require any eye care provider to hold hospital privileges or impose any other condition or restriction for initial admittance to a provider panel not necessary for the delivery of eye care upon such providers which would have the effect of excluding an individual eye care provider or class of eye care providers from participation on the health benefit plan; and (7) Include optometrists and ophthalmologists on the health benefit plan provider panel in a manner that ensures plan enrollees timely access and geographic access. (d) Nothing in this Code section shall preclude a covered person from receiving eye care or other covered services from the covered persons personal physician in accordance with the terms of the health benefit plan. (e) A person adversely affected by a violation of this Code section by a health care insurer may bring an action in a court of competent jurisdiction for injunctive relief against such insurer and, upon prevailing, in addition to any injunctive relief that may be granted, shall recover from such insurer damages of not more than $100.00 and attorneys fees and costs. (f) Nothing in this Code section requires a health benefit plan to include eye care benefits. (g) The Commissioner is authorized to enforce this Code section and, in doing so, to exercise the powers granted to the Commissioner by Code Section 33-2-24 and any other provisions of this title.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 55, nays 0, and the substitute was adopted.
*SB 201:
The Senate Natural Resources and the Environment Committee offered the following substitute to SB 201:
A BILL TO BE ENTITLED AN ACT
To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide that lands managed by the Department of Natural Resources shall be open to access and use for recreational hunting and trapping except as limited by the department for reasons of public safety or homeland security or as otherwise limited by law; to define a term; to change certain provisions relating to revocation, suspension, denial, or nonrenewal of licenses or permits and administrative and judicial review; to change certain provisions relating to season and bag limits, promulgation of rules and regulations by the board, possession of more than bag limit, and reporting number of deer killed; to change certain provisions relating to hunting deer with dogs; to provide for donation of deer processed for human consumption to bona fide charitable or nonprofit organizations for service or distribution to the poor or needy; to amend Chapter 1 of Title 51, relating to general provisions relative to torts, to provide for certain immunity related to such donation, service, and distribution; to provide a short title; 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 "Deer Management Act of 2005."
SECTION 2. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by adding a new Code section to read as follows:
27-1-3.1. (a) As used in this Code section, the term 'department managed lands' means those lands that the department owns or those lands over which the department holds management authority. (b) Subject to valid existing rights, department managed lands shall be open to access and use for recreational hunting and trapping except as limited by the department for

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reasons of public safety or homeland security or as otherwise limited by law. (c) The department shall exercise its authority, consistent with subsection (b) of this Code section, in a manner to support, promote, and enhance recreational hunting and trapping opportunities to the extent authorized by law. The department shall not be required to give preference to hunting and trapping over other uses of department managed lands or over land or water management priorities established by state law. (d) To the greatest practical extent, department land management decisions and actions shall not result in any net loss of land acreage available for hunting and trapping opportunities on department managed lands that exists on the effective date of this Code section.

SECTION 3. Said title is further amended by striking subsection (c) of Code Section 27-2-25, relating to revocation, suspension, denial, or nonrenewal of licenses or permits and administrative and judicial review, and inserting in lieu thereof the following:
(c) Any person whose license, permit, or application for a license or permit, or both, is proposed for revocation, suspension, denial, or nonrenewal shall, upon petition within 30 days of issuance of notice given as stated in subsection (a) of this Code section, have a right to a hearing before an administrative law judge appointed by of the Office of State Administrative Hearings assigned under Code Section 50-13-40 and acting in place of the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto; provided, however, that the hearing shall be held in the county where the alleged violation occurred and not later than 30 days after the date of the citation. The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the commissioner, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50.

SECTION 4. Said title is further amended in Code Section 27-3-15, relating to seasons and bag limits, promulgation of rules and regulations by the board, possession of more than bag limit, and reporting number of deer killed, by striking paragraph (4) of subsection (b) and inserting in lieu thereof the following:

(4) Deer

Sept. 8 -- Jan. 15; and provided, further, that in those portions of the southern zone for hunting deer where hunting deer with dogs is allowed, the open season for hunting deer with dogs shall be designated by the board as ending not sooner than Jan. 15

The daily limit shall be ten 15 antlerless deer and two antlered bucks. The season limit shall be ten 15 antlerless deer and two antlered bucks. Only one antlered

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buck may have less than four points one inch or longer on one side of the antlers.
Up to two deer per managed hunt may be allowed on wildlife management areas without complying with the state-wide bag limit

SECTION 5. Said title is further amended by striking Code Section 27-3-17, relating to hunting deer with dogs, and inserting in lieu thereof the following:
27-3-17.
(a) It shall be unlawful to hunt deer with dogs except during such special open seasons for the hunting of deer with dogs as may be designated by the board on a state-wide, regional, or local basis. (b) In accordance with subsection (a) of this Code section, the board is authorized to promulgate rules and regulations establishing an open season for the hunting of deer with dogs as may be appropriate based on sound wildlife management principles; provided, however, that the board shall continue to establish annually an open season for the hunting of deer with dogs in each county in which hunting of deer with dogs was authorized for the 2004-2005 hunting season unless the hunting of deer with dogs in such county is prohibited by local Act of the General Assembly. (c) It shall be unlawful for any person to hunt deer with dogs on any tract of real property unless a permit for hunting deer with dogs has been issued by the department for such tract to the owner or owners of such tract or the lessee of deer hunting rights for such tract. A permit for hunting deer with dogs shall not be issued to a lessee of deer hunting rights for any tract of real property that is less than 1,000 500 contiguous acres or to the property owner or owners for any tract of real property that is less than 250 contiguous acres. Any application for a permit for hunting deer with dogs shall be on such form as prescribed by the department; shall be accompanied by the required application fee; and shall include a written description of the tract boundaries and a map showing key features such as public roads or streams on or bordering the tract and occupied dwellings on adjacent properties. The application must be signed by all persons owning any portion of the tract of real property or an authorized agent thereof. The application fee for such permit shall be $100.00 for an annual permit or $25.00 for a two-day permit. There shall be no fee for such permit. (d) The owner of any dog that is used for hunting deer must cause such dog to be identified with the owners name, address, and telephone number at all times during the

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hunt with the permit number for the tract being hunted. (e) Any person operating a motor vehicle used in conducting a deer hunt with dogs shall during such hunt clearly display in the lower corner of the drivers side of the front or rear windshield of such motor vehicle a decal or card showing the tract permit number in numerals not less than two inches high. (f)(e) The department shall thoroughly investigate for validity any complaints from adjacent property owners regarding hunting deer with dogs in violation of this title or rules and regulations issued pursuant to this title. The commissioner may shall not take action against a permit issued to a corporation under this Code section for violations of this title or rules and regulations issued pursuant to this title committed by any individual hunter or hunters, but the commissioner may take action against any individual hunter as provided by Code Section 27-2-25 for violations of the provisions of this title or rules and regulations issued pursuant to this title occurring on the tract of real property for which the permit was issued committed by such individual.
SECTION 6. Said title is further amended by adding a new Code section to read as follows:
27-3-51. (a) Deer legally taken and processed for human consumption may be donated to and possessed, prepared, and distributed by a bona fide charitable or nonprofit organization which serves or distributes food without cost to the poor or needy. Packages of processed deer donated pursuant to this Code section shall be marked 'not for sale'; and such marking shall identify the meat as deer. (b) The department shall make available instructions for the safe and sanitary preparation of deer, a list of professional processors where potential donors may take their deer for preparation and packaging, and a list of bona fide charitable or nonprofit organizations which accept donations of deer or processed deer. Professional processors and charitable and nonprofit organizations may notify the department of their intention to participate in such distribution of processed deer to the poor or needy, and the department shall include them in its list unless good cause otherwise exists.
SECTION 7. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, is amended adding a new Code Section 51-1-31.1 to read as follows:
51-1-31.1. (a) A good faith donor of any deer meat processed and apparently fit for human consumption who donates such meat to a bona fide charitable or nonprofit organization for service or distribution to the poor or needy in accordance with Code Section 27-351 shall not be subject to criminal penalty or civil damages arising from the condition of the meat, unless an injury is caused by the recklessness or intentional misconduct of the donor.

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(b) A bona fide charitable or nonprofit organization which accepts any deer meat processed and apparently fit for human consumption from a good faith donor for service or distribution to the poor or needy in accordance with Code Section 27-3-51 shall not be subject to criminal penalty or civil damages arising from the condition of the meat, unless an injury is caused by the recklessness or intentional misconduct of the charitable or nonprofit organization. (c) The provisions of this Code section shall not be construed to restrict the authority of any lawful agency otherwise to regulate or ban the use of food for human consumption.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 55, nays 0, and the substitute was adopted.
*SB 206
The Senate Natural Resources and the Environment Committee offered the following substitute to SB 206:
A BILL TO BE ENTITLED AN ACT
To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide that lands managed by the Department of Natural Resources shall be open to access and use for recreational hunting and trapping except as limited by the department for reasons of public safety or homeland security or as otherwise limited by law; to define a term; to change certain provisions relating to hunting deer with dogs; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by adding a new Code section to read as follows:
27-1-3.1. (a) As used in this Code section, the term 'department managed lands' means those lands that the department owns or those lands over which the department holds management authority. (b) Subject to valid existing rights, department managed lands shall be open to access and use for recreational hunting and trapping except as limited by the department for reasons of public safety or homeland security or as otherwise limited by law.

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(c) The department shall exercise its authority, consistent with subsection (b) of this Code section, in a manner to support, promote, and enhance recreational hunting and trapping opportunities to the extent authorized by law. The department shall not be required to give preference to hunting and trapping over other uses of department managed lands or over land or water management priorities established by state law. (d) To the greatest practical extent, department land management decisions and actions shall not result in any net loss of land acreage available for hunting and trapping opportunities on department managed lands that exists on the effective date of this Code section.
SECTION 2. Said title is further amended by striking subsection (c) of Code Section 27-3-17, relating to hunting deer with dogs, and inserting in lieu thereof the following:
(c) It shall be unlawful for any person to hunt deer with dogs on any tract of real property unless a permit for hunting deer with dogs has been issued by the department for such tract to the owner or owners of such tract or the lessee of deer hunting rights for such tract. A permit for hunting deer with dogs shall not be issued to a lessee of deer hunting rights for any tract of real property that is less than 1,000 contiguous acres or to the property owner or owners for any tract of real property that is less than 250 contiguous acres. Any application for a permit for hunting deer with dogs shall be on such form as prescribed by the department; shall be accompanied by the required application fee; and shall include a written description of the tract boundaries and a map showing key features such as public roads or streams on or bordering the tract and occupied dwellings on adjacent properties. The application must be signed by all persons owning any portion of the tract of real property or an authorized agent thereof. The application fee for such permit shall be $100.00 for an annual permit or $25.00 for a two-day permit.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 55, nays 0, and the substitute was adopted.
*SB 238:
The Senate Judiciary Committee offered the following substitute to SB 238:
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 relative to torts, so as to provide for immunity from civil liability for nonprofit organizations and individuals that financially sponsor charitable fundraising

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events; to provide for an exception; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, is amended by inserting at the end thereof a new Code Section 51-1-51 to read as follows:
51-1-51. If any philanthropic individual, cooperative, corporation, club, association, or organization, or director, trustee, or member of the governing body of any such philanthropic cooperative, corporation, club, association, or organization, supplies only financial sponsorship or financial support for a charitable fundraising event of an entity whose mission and purpose include the facilitation of placement of foster children and the provider of such financial sponsorship or financial support is not, in any way, involved in the management, organization, planning, or execution of such event, and if the entity managing, organizing, planning, or executing such charitable fundraising event provides liability insurance in an amount not less than $1 million for any single occurrence and $3 million for all occurrences of personal injury or property damage arising from such event, then such philanthropic individual, cooperative, corporation, club, association, organization, director, trustee, or member shall not be liable for any personal injury or damage to property arising from such charitable fundraising event. However, if such financial sponsorship or financial support constitutes willful, wanton, or gross negligence, then such immunity from suit shall not attach.

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

On the adoption of the substitute, the yeas were 55, nays 0, and the substitute was adopted.

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

On the passage of the legislation on the Consent Calendar for Noncontested Senate General Legislation, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate

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Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer
Seabaugh Y Seay Y Shafer,D

Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the legislation, the yeas were 55, nays 0.

The legislation on the Consent Calendar for Noncontested Senate General Legislation, except SB 81, SB 201, SB 206 and SB 238, having received the requisite constitutional majority, were passed.

SB 81, SB 201, SB 206 and SB 238, having received the requisite constitutional majority, were passed by substitute.

Senator Thomas of the 54th introduced the doctor of the day, Dr. John S. Antalis.

Senator Hill of the 32nd recognized representatives from St. Joseph's Hospital, commended by SR 69, adopted previously.

Senator Cagle of the 49th recognized the Flowery Branch High School Wrestling Team, commended by SR 352, adopted previously.

SENATE RULES CALENDAR THURSDAY, MARCH 10, 2005 TWENTY-NINTH LEGISLATIVE DAY

SB 168

License Plates; (NASCAR) logo; support Governor's Highway Safety Program (Substitute)(PS&HS-21st)

SB 1

Early Care/Learning; provide voluntary parent education services

(ED&Y-52nd)

SB 19

Class Actions; appellate procedures; limitations/conditions on certification (JUDY-1st)

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SB 43 SB 86 SB 57 SB 135 SB 154 SB 173 SB 175 SB 194 SB 203 SB 225 SB 226 SB 227 SB 230 SB 253

HERO Scholarship; establish; definitions; application procedures; rules/regulations (Substitute)(H ED-37th)
Eminent Domain; limitation of public purposes; statutory construction; provisions (Amendment) (JUDY-3rd)
Repeat Offenders; convicted of murder; punishment (JUDY-30th)
Pretrial Proceedings; indictment for children; jurisdiction for Superior Court (JUDY-52nd)
State Agency/Officer; shall not accept/utilize certain grants/funds under certain conditions (APPROP-48th)
Physician's Assistant; temporary practice agreements; conditions/ limitations (Substitute)(H&HS-45th)
Brady Law; regulations; comprehensive revision (Substitute)(PS&HS53rd)
County Levies; public accommodations; tourism/conventions; 5% tax rate (FIN-50th)
Public Defenders; indigent defense services; attorney's fees/cost recovered (Substitute)(JUDY-37th)
Insurers; loss reserves; liability insurance/workers' compensation (I&L-47th)
Joshua's Law; create Georgia Driver's Education Commission (Substitute)(PS&HS-52nd)
Ga. State Financing/Investment Commission; definitions; bonds; procedures (Substitute)(FIN-49th)
Consumer Reporting Agencies; notices of security breaches; definitions (Substitute)(AG&CA-30th)
Certificate of Permanent Location; requirements; change provisions (Substitute)(JUDY-52nd)

SB 254 SB 273 SB 98 SB 231 SB 274 SB 270

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State Budgeting; comprehensive revision; Senate/House Budget Office (APPROP-4th)
Driver's Licenses; Class C; change definition (PS&HS-7th)
Education; local boards; insurance/benefits; authorize expenditure of funds (ED&Y-47th)
Transportation; design-build contracts; revise criteria (Amendment)(TRANS-24th)
Ga. Utility Facility Protection Act; sewer laterals; add provisions (Substitute)(RI&Util-28th)
Ga. Highway Authority; additional powers; public-private initiatives (Substitute)(TRANS-19th)
Respectfully submitted,
/s/ Balfour of the 9th, Chairman Senate Rules Committee

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

SB 168. By Senators Rogers of the 21st, Johnson of the 1st, Stephens of the 27th, Seabaugh of the 28th, Pearson of the 51st and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates bearing the National Association for Stock Car Auto Racing (NASCAR) logo and promoting specific drivers or general motorsports; to support the Governors Highway Safety Program; to provide for issuance, renewal, fees, licensing agreements, applications, transfers, and disposition of funds relative to such license plates; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The Senate Public Safety and Homeland Security Committee offered the following substitute to SB 168:

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A BILL TO BE ENTITLED AN ACT
To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates bearing the National Association for Stock Car Auto Racing (NASCAR) logo and promoting specific drivers or general motorsports; to support the Governors Highway Safety Program; to provide for issuance, renewal, fees, licensing agreements, applications, transfers, and disposition of funds relative to such license plates; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by adding a new Code Section 40-2-86.10, to read as follows:
40-2-86.10. (a) In order to promote the Governors Highway Safety Program, there shall be issued beginning January 1, 2006, special license plates bearing the NASCAR logo with a specific driver or general motorsports theme, subject to the conditions set forth in this Code section. (b) The supplier of the plates, as designated by NASCAR, in consultation with the commissioner shall design special distinctive license plates bearing the NASCAR logo with a specific driver or general motorsports theme. The license plates shall be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six. No two recipients shall receive identically numbered plates. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. Such design shall not provide space in which to indicate the name of the county of issuance. (c) Notwithstanding the provisions of subsection (b) of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received any licenses or other permissions that may be required to implement this Code section. The design of the initial edition of the license plates, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such

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design or designs, except as authorized by the commissioner. (d) Beginning in calendar year 2006, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $25.00 in addition to the regular motor vehicle registration fee shall be issued a license plate promoting NASCAR. Revalidation decals shall be issued for such license plates in the same manner as provided for general issue license plates.
(e)(1) From the additional $25.00 fee charged for the issuance and renewal of the license plates authorized under this Code section, $10.25 shall be used by the department for purchasing plates from the supplier of the plates, as designated by NASCAR, and royalty costs, and $14.75 shall be paid to the general fund of the state treasury with the intent of supporting the Governors Highway Safety Program. The agency or organization ultimately making use of such funds shall periodically provide to the commissioner an audit of the use of the funds or other evidence of use of the funds satisfactory to the commissioner. Any audit performed under Chapter 6 of Title 50 shall meet this auditing requirement. If an audit demonstrates that the funds are not being used for the purposes set forth in this Code section or if the required audit or evidence is not provided to the commissioner, then the commissioner shall so notify the appropriations committees of the Senate and the House of Representatives. Any funds appropriated pursuant to this Code section shall not lapse. (2) Subject to the general appropriations process, it is the intent of the General Assembly in the enactment of this Code section that the funds dedicated by this subsection be made available for the ultimate use of the Governors Highway Safety Program administered by the Office of Highway Safety in the Department of Public Safety. (f) An applicant may request a NASCAR license plate any time during the applicants registration period. If such a license plate is to replace a current valid license plate, the NASCAR license plate shall be issued with appropriate decals attached. (g) No special license plate authorized pursuant to this Code section shall be issued except upon the receipt of at least 1,000 applications. The special license plate shall have an application period of two years after July 1, 2005, for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants. (h) The department shall not be required to continue to provide the special license plate if the number of active registrations falls below 500 registrations at any time during the five-year period as provided in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of an additional $25.00 annual special tag fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its

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inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the five-year period as provided in subsection (b) of Code Section 40-2-31, production of the license plates shall not be continued until the commissioner receives 1,000 applications. (i) NASCAR license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (j) NASCAR license plates shall be issued within 30 days of application once the requirements of this Code section have been met.
SECTION 2. This Act shall become effective on July 1, 2005.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Senators Adelman of the 42nd, Kemp of the 46th and Rogers of the 21st offered the following amendment:
Amend the Senate Public Safety and Homeland Security Committee substitute to SB 168:
By adding the following after "motorsports;" on line 4 on page 1. to provide for special license plates to promote 'Share the Road' messages for motorists and bicyclists and to benefit programs related to such motorists and bicyclists;
By adding the following between lines 17 and 18 on page 1. Also, in order to promote and provide for motorist and bicyclist safety and interaction education and awareness programs and media campaigns; adult and child bicycling safety training, workshops, and educational materials; assistance in forming local bicycle advisory committees; law enforcement education and implementation programs for policing by bicycle and policing to improve bicycling conditions; and 'share the road/yield to bicycles/bicyclists may use full lane' sign installations through the Governors Highway Safety Program, there shall be issued beginning January 1, 2006, special license plates promoting and benefitting such efforts, which shall be known as the 'Share the Road' Motorists and Bicyclists special license plate.
By adding the following in place of "The" at the beginning of line 18 on page 1. For the NASCAR plates, the
By adding the following after "theme." on line 20 on page 1. For the 'Share the Road' plates, the commissioner shall design a special distinctive license plate in conjunction with the Southern Bicycle League and Bicycle Ride Across Georgia appropriate to promote the message of motorists and bicyclists safely and

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courteously sharing the roadway.
By adding the following after "Program." on line 24 on page 2. Subject to the general appropriations process, it is the intent of the General Assembly that funds derived from the sale of 'Share the Road' license plates shall be utilized by the Governors Highway Safety Program to provide for motorist and bicyclist safety and interaction education and awareness programs and media campaigns; adult and child bicycling safety training, workshops, and educational materials; assistance in forming local bicycle advisory committees; law enforcement education and implementation programs for policing by bicycle and policing to improve bicycling conditions; and 'share the road/yield to bicycles/bicyclists may use full lane' sign installations. The Office of Highway Safety may enter into contractual agreements, as may be appropriate, to further such objectives. The Office of Highway Safety may provide said funds for use as local or minimum matching funds.
On the adoption of the amendment, the yeas were 34, nays 0, and the Adelman et al. amendment was adopted.
On the adoption of the substitute, the yeas were 39, nays 0, and the committee substitute was adopted as amended.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen
Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers

Y Smith Y Starr Y Staton Y Stephens Y Stoner
Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead

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Y Harbison Y Harp
Heath Y Henson

Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Wiles Y Williams Y Zamarripa

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

SB 168, having received the requisite constitutional majority, was passed by substitute.

SB 1.

By Senators Smith of the 52nd, Moody of the 56th, Stephens of the 27th, Hamrick of the 30th, Hill of the 32nd and others:
A BILL to be entitled an Act to amend Article I of Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to the Department of Early Care and Learning, so as to state legislative findings; to provide that the department shall develop and implement a plan for effective parent and teacher practices for early learning by children and a variety of voluntary parent education services; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter
Chance Y Chapman Y Douglas Y Fort
Goggans Y Golden Y Grant
Hamrick Y Harbison

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen
Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles

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Y Harp Heath
Y Henson

Y Seabaugh Y Seay Y Shafer,D

Y Williams Y Zamarripa

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

SB 1, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

Senator Bill Hamrick District 30 121-H State Capitol Atlanta, GA 30334

Committees: Banking and Financial Institutions Rules Appropriations Judiciary

The State Senate Atlanta, Georgia 30334

Senator Hamrick votes Yes on SB 1.

/s/ Bill Hamrick

Senator Brown of the 26th asked unanimous consent that Senator Miles of the 43rd be excused. The consent was granted, and Senator Miles was excused.

Senator Reed of the 35th asked unanimous consent that Senator Seay of the 34th be excused. The consent was granted, and Senator Seay was excused.

The Calendar was resumed.

SB 19. By Senators Johnson of the 1st, Balfour of the 9th, Wiles of the 37th, Hill of the 32nd, Williams of the 19th and others:

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

Senators Meyer von Bremen of the 12th, Adelman of the 42nd, Johnson of the 1st and Hamrick of the 30th offered the following amendment #1:

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Amend SB 19 by striking lines 19 through 22 of page 1 and inserting in lieu thereof: "practicable after assertions in an amended pleading and any response required thereto, the court shall hold a conference among".

On the adoption of the amendment, the yeas were 43, nays 0, and the Meyer von Bremen et al. amendment #1 was adopted.

Senators Harp of the 29th, Adelman of the 42nd, Carter of the 13th, Meyer von Bremen of the 12th and Johnson of the 1st offered the following amendment #2 to SB 19 (LC 33 0527ER):

By adding on page 2, line 37, following the word and symbol "action." the following:

"The appellate courts shall expedite resolution of any appeals taken under this section."

On the adoption of the amendment, the yeas were 45, nays 0, and the Harp et al. 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 N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort
Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen E Miles Y Moody Y Mullis Y Pearson
Powell Y Reed Y Rogers
Schaefer Y Seabaugh E Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner N Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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On the passage of the bill, the yeas were 46, nays 4.
SB 19, having received the requisite constitutional majority, was passed as amended.
Senator Stephens of the 27th asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.
SB 43. By Senators Wiles of the 37th and Douglas of the 17th:
A BILL to be entitled an Act to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to establish the Georgia HERO (Helping Educate Reservist Offspring) Scholarship; to provide for definitions; to provide for scholarship grants; to provide for application procedures; to provide for rules and regulations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate Higher Education Committee offered the following substitute to SB 43:
A BILL TO BE ENTITLED AN ACT
To amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to provide a short title; to establish the Georgia HERO (Helping Educate Reservists and their Offspring) Scholarship; to provide for definitions; to provide for scholarship grants; to provide for application procedures; to provide for rules and regulations; 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. Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, is amended by adding immediately after Subpart 10 a new Subpart 10A to read as follows:
Subpart 10A
20-3-485. This subpart shall be known and may be cited as the 'Wiles-Harbison-Harp Veterans Education Act of 2005.'

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20-3-486. As used in this subpart, the term:
(1) 'Approved school' means a school which is a unit of the University System of Georgia or a branch of the Georgia Department of Technical and Adult Education, or a private independent nonprofit postsecondary institution eligible for HOPE Scholarships or grants in accordance with the provisions of Code Sections 20-3-519 through 20-3-519.12. (2) 'Eligible student' means a person who:
(A)(i) Is enrolled as a full-time or part-time student in an approved school; (ii) Meets residency requirements to be classified as a legal resident of Georgia as established pursuant to regulations of the authority and who remains a citizen of the state while receiving funds under this subpart; and (iii) Is a member of the Georgia National Guard as such term is defined in Code Section 38-2-3 or a member of a reserve component of the armed forces of the United States, which member has completed at least one qualifying term of service; or (B) Is a child: (i) Whose parent was a member of the Georgia National Guard as such term is defined in Code Section 38-2-3 or a member of a reserve component of the armed forces of the United States, including a deceased member, which member completed at least one qualifying term of service; (ii) Who was born prior to such qualifying term of service or within nine months of the beginning of such qualifying term of service; and (iii) Is 25 years of age or younger who is enrolled as a full-time or part-time student in an approved school. (3) 'Georgia HERO Scholarship' means a Georgia Helping Educate Reservists and their Offspring Scholarship grant as provided for in Code Section 20-3-487. (4) 'Parent' means the biological parent, adoptive parent, or legal guardian of a person 25 years of age or younger during the qualifying term of service. (5) 'Qualifying term of service' means deployment overseas for active service on or after the effective date of this subpart to a location or locations outside of the United States and its territories designated by the United States Department of Defense as a combat zone for a consecutive period of at least 181 days or, in the case of an individual who is killed or receives a 100 percent disability as a result of injuries received in such combat zone, any period of time on active service in such combat zone.
20-3-487. (a) There is granted to each eligible student under subparagraph (A) of paragraph (2) of Code Section 20-3-486 attending an approved school a Georgia HERO Scholarship grant for a maximum of four award years in the sum of $2,000.00 per award year. No person shall be eligible to receive grant assistance provided under this subsection in excess of $8,000.00.

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(b) There is granted to each eligible student under subparagraph (B) of paragraph (2) of Code Section 20-3-486 attending an approved school a Georgia HERO Scholarship grant in the sum of $2,000.00 per award year. Such student shall be eligible for one award year for each period of 181 consecutive days that his or her parent was deployed overseas on active service on or after the effective date of this subpart to a location or locations outside of the United States and its territories designated by the United States Department of Defense as a combat zone; provided, however, that a student whose parent was killed or received a 100 percent disability as a result of injuries received in such combat zone shall receive up to a maximum of four award years regardless of the time such students parent was on active service in such combat zone. No person shall be eligible to receive grant assistance provided under this subsection in excess of $8,000.00. (c) Grant assistance to eligible students under this subpart shall be payable on a pro rata basis based upon whether the student is enrolled full time or part time and the number of semesters or quarters of enrollment. The payment of grants to eligible students under this subpart shall be contingent upon the appropriation of funds by the General Assembly for the purposes of this subpart in annual appropriations Acts of the General Assembly.
20-3-488. (a) Any person meeting the conditions of this subpart may apply to the authority for a grant. Such application shall be submitted in writing on forms prescribed by the authority for such purpose. The applicant shall furnish such information as may be required by the authority for determination of eligibility for the grant. The authority shall approve grant renewals only upon receipt of the recipients application therefor and upon a finding that the recipient has successfully completed the work of the preceding school period and presents evidence that he or she is a student in good standing at the approved school, that he or she remains a resident of this state, and that he or she remains otherwise qualified to receive such grant under this subpart. (b) The authority is authorized to prescribe such rules and regulations as may be necessary or convenient for administration of this program and to establish procedures for determination of eligibility of applicants. The authority is also authorized to establish standards and procedures for verifying the service of the applicant or the applicants parent, as appropriate, in a combat zone for the requisite period of time.
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.

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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:

Y Adelman Balfour
Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen E Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

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

SB 43, having received the requisite constitutional majority, was passed by substitute.

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

Mr. President:

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

HR 487. By Representatives Keen of the 179th and Porter of the 143rd:

A RESOLUTION relative to adjournment; and for other purposes.

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Senator Mullis of the 53rd asked unanimous consent that Senator Smith of the 52nd be excused. The consent was granted, and Senator Smith was excused.

Senator Mullis of the 53rd asked unanimous consent that Senator Cagle of the 49th be excused. The consent was granted, and Senator Cagle was excused.

Senator Mullis of the 53rd asked unanimous consent that Senator Thomas of the 54th be excused. The consent was granted, and Senator Thomas was excused.

The Calendar was resumed.

SB 86. By Senators Chapman of the 3rd, Williams of the 19th, Goggans of the 7th, Johnson of the 1st, Whitehead, Sr. of the 24th and others:

A BILL to be entitled an Act to amend Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions applicable to eminent domain, so as to change certain provisions relating to the nature of the right of eminent domain; to provide for the limitation of public purposes for which eminent domain may be exercised; to provide for statutory construction; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senators Chapman of the 3rd, Williams of the 19th and Smith of the 52nd offered the following amendment:

Amend SB 86 by inserting after "improving" on line 6 of page 2 "tax revenue or".

By inserting after "transferring" on line 8 of page 2 ", leasing, or allowing the use of".

By striking on line 9 of page 2 "the tax base" and inserting in its place "tax revenue".

On the adoption of the amendment, the yeas were 33, nays 2, and the Chapman et al. amendment was adopted.

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

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

Y Adelman Y Balfour Y Brown
Bulloch

N Hill,Jack Y Hill,Judson N Hooks Y Hudgens

E Smith Y Starr Y Staton Y Stephens

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Y Butler E Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath Y Henson

Y Johnson Y Jones Y Kemp N Me V Bremen E Miles Y Moody N Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

N Stoner N Tate E Thomas,D Y Thomas,R N Thompson,C N Thompson,S
Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 40, nays 10.

SB 86, having received the requisite constitutional majority, was passed as amended.

Senator Hamrick of the 30th asked unanimous consent to drop SB 57 to the foot of today's Senate Rules Calendar.

The consent was granted and SB 57 was placed at the foot of the Rules Calendar.

Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused.

Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Stoner of the 6th be excused. The consent was granted, and Senator Stoner was excused.

Senator Staton of the 18th asked unanimous consent that Senator Douglas of the 17th be excused. The consent was granted, and Senator Douglas was excused.

The Calendar was resumed.

SB 135. By Senators Smith of the 52nd, Hill of the 32nd, Grant of the 25th, Kemp of the 46th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings, so as to provide

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for procedures related to jurisdiction and indictment for children charged with crimes within the jurisdiction of superior courts; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senator Smith of the 52nd offered the following amendment:

Amend SB 135 by inserting after "15-11-28" on line 12 on page 1 "or 15-11-30.2".

On the adoption of the amendment, the yeas were 33, nays 1, and the Smith 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
Brown Bulloch Y Butler E Cagle Y Carter Y Chance Y Chapman E Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen E Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Starr
Y Staton Stephens
E Stoner N Tate Y Thomas,D N Thomas,R E Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 44, nays 3.

SB 135, having received the requisite constitutional majority, was passed as amended.

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SB 154. By Senators Shafer of the 48th, Fort of the 39th, Hill of the 4th, Meyer von Bremen of the 12th, Cagle of the 49th and others:

A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning state government, so to provide that no state agency or state officer shall accept or utilize certain grants or funds except under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler E Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen E Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Starr
Y Staton Stephens
E Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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

SB 154, having received the requisite constitutional majority, was passed.

SB 173. By Senators Unterman of the 45th, Thomas of the 54th, Smith of the 52nd and Henson of the 41st:

A BILL to be entitled an Act to amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to application for physicians assistant

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and scope of duties, so as to authorize physicians assistants to enter into certain temporary practice agreements to provide services at certain facilities; to provide conditions and limitations on such temporary practice agreements; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate Health and Human Services Committee offered the following substitute to SB 173:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to application for physicians assistant and scope of duties, so as to authorize physicians assistants to enter into certain temporary practice agreements to provide services at certain facilities; to provide conditions and limitations on such temporary practice agreements; 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 43-34-103 of the Official Code of Georgia Annotated, relating to application for physicians assistant and scope of duties, is amended by adding a new subsection (h) to read as follows:
(h) 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) Such services are free or at a charge to the patient based solely on the patients ability to pay and provided, further, that such charges do not exceed the actual cost to the facility or program; (3) The supervising physician and the physicians assistant voluntarily and gratuitously donate their services; (4) Prior to providing any patient services, a copy of the temporary practice agreement, signed by both the supervising physician and the physicians assistant, is on file at the facility or program and is sent to the board; (5) The temporary practice agreement is for a specified period of time, limits the services of the physicians assistant to those within the usual scope of practice of the supervising physician, and is signed by both the supervising physician and the physicians assistant prior to the physicians assistant providing patient services; and

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(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.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 29, nays 0, and the committee substitute was adopted.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler E Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans
Golden Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson Jones Y Kemp Y Me V Bremen E Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Starr
Y Staton Stephens
E Stoner Tate
Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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

SB 173, having received the requisite constitutional majority, was passed by substitute.

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SB 175. By Senators Mullis of the 53rd, Hamrick of the 30th, Goggans of the 7th, Smith of the 52nd, Thomas of the 54th and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the O.C.G.A., relating to dangerous instrumentalities and practices, so as to provide for the comprehensive revision of certain provisions regarding Brady Law regulations; to provide a short title; to require licensed gun manufacturers, importers, and dealers to conduct the National Instant Criminal Background Check; to provide for the transfer of information to the Federal Bureau of Investigation with regard to persons involuntarily hospitalized; to provide for the regulatory authority of political subdivisions; to amend Code Section 35-334 of the O.C.G.A., relating to disclosure and dissemination of criminal records to private persons and businesses; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate Public Safety and Homeland Security Committee offered the following substitute to SB 175:
A BILL TO BE ENTITLED AN ACT
To amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide for the comprehensive revision of certain provisions regarding Brady Law regulations; to require licensed gun manufacturers, importers, and dealers to conduct the National Instant Criminal Background Check; to provide for the transfer of information to the Federal Bureau of Investigation with regard to persons involuntarily hospitalized; to provide for exemptions; to provide for a penalty for compromising the security of records; to provide for the regulatory authority of political subdivisions; to amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of criminal records to private persons and businesses, so as to provide for the transfer of information to the Federal Bureau of Investigation with regard to persons involuntarily hospitalized; to authorize the transfer and dissemination of certain information for purposes of the National Instant Criminal Background Check; 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 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by striking Part 5 in its entirety and inserting in lieu thereof a new Part 5 to read as follows:

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Part 5
16-11-170. (a) It is the intention of this part to establish state regulations which are consistent with the policy and terms of the federal Brady Handgun Violence Prevention Act by providing a state background check law. (b) This part shall in all respects be construed and administered in conformity with the provisions of the federal Brady Handgun Violence Prevention Act. Without limiting the generality of the foregoing, it is specifically intended that this part shall constitute a state law requiring verification by a state official that information available does not indicate that possession of a handgun by a proposed transferee would be in violation of law, as authorized under 18 U.S.C. Section 922(s)(1)(D). Reserved.
16-11-171. As used in this part, the term:
(1) 'Bureau' means the Georgia Bureau of Investigation. (2) 'Center' means the Georgia Crime Information Center within the Georgia Bureau of Investigation. (3)(2) 'Dealer' means any person licensed as a dealer pursuant to 18 U.S.C. Section 921, et seq., or Chapter 16 of Title 43. (4)(3) 'Handgun' means a pistol or revolver or other handgun defined in Code Section 16-11-131 which has a short stock and is designed to be held and fired by the use of a single hand 'Firearm' means any weapon that is designed to or may readily be converted to expel a projectile by the action of an explosive or the frame or receiver of any such weapon, any firearm muffler or firearm silencer, or any destructive device as defined in 18 U.S.C. Section 921(a)(3). (5)(4) 'Involuntarily hospitalized' means hospitalized as an inpatient in any mental health facility pursuant to Code Section 37-3-81 or hospitalized as an inpatient in any mental health facility as a result of being adjudicated mentally incompetent to stand trial or being adjudicated not guilty by reason of insanity at the time of the crime pursuant to Part 2 of Article 6 of Title 17. (5) 'NICS' means the National Instant Criminal Background Check System created by the federal 'Brady Handgun Violence Prevention Act' (P. L. No. 103-159).
16-11-172. On and after January 1, 1996, no dealer licensed pursuant to 18 U.S.C. Section 923 or Chapter 16 of Title 43 shall sell or deliver from his or her business inventory at his or her licensed premises any handgun to another person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, until:
(1) The dealer has obtained a completed consent form from the potential buyer or transferee, which form shall have been promulgated by the bureau and provided by the licensed dealer, which shall include only the name, birth date, gender, race, and social security number or other identification number of such potential buyer or

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transferee; (2) The dealer has inspected identification containing a photograph of the potential buyer or transferee; (3) The dealer has requested, by means of a toll-free telephone call during hours in which such toll-free telephone number established by the bureau is operational as provided in Code Section 16-11-177, that the bureau conduct a criminal history and involuntary hospitalization records check; (4) The dealer has received a unique transaction number for that inquiry from the bureau verifying that the information available to the bureau does not indicate that possession of a handgun by the transferee would be in violation of federal or state law; and (5) The dealer has recorded the date of receipt of the identifying number and the number on the consent form. (a) All transfers or purchases of firearms conducted by a licensed importer, licensed manufacturer, or licensed dealer shall be subject to the NICS. To the extent possible, the center shall provide to the NICS all necessary criminal history information and wanted person records in order to complete an NICS check. (b) The center shall forward to the Federal Bureau of Investigation information concerning persons who have been involuntarily hospitalized as defined in this part for the purpose of completing an NICS check. (c) Any government official who willfully or intentionally compromises the identity, confidentiality, and security of any records and data pursuant to this part shall be guilty of a felony and fined no less than $5,000.00 and shall be subject to automatic dismissal from his or her employment. (d) The provisions of this part shall not apply to: (1) Any firearm, including any handgun with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898; (2) Any replica of any firearm described in paragraph (1) of this subsection if such replica is not designed or redesigned to use rimfire or conventional center-fire fixed ammunition or uses rimfire or conventional center-fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; and (3) Any firearm which is a curio or relic as defined by 27 C.F.R. 178.11.
16-11-173. (a) Upon receipt of a request for a criminal history and involuntary hospitalization records check, the bureau shall immediately, during the licensees call or by return call:
(1) Review all criminal history and involuntary hospitalization records electronically available to the bureau to determine if the potential buyer or transferee is prohibited from receipt or possession of a handgun pursuant to state or federal law; and (2) Inform the licensee making the inquiry that its records demonstrate that the potential buyer or transferee is so prohibited or provide the licensee with a unique transaction number.

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(b) In the event that the electronic check of records available to the bureau as provided in subsection (a) of this Code section reveals the existence of a criminal history record not immediately available to the bureau so as to determine the eligibility of the potential buyer to purchase a handgun, the bureau shall in the same call or return call advise the licensee of such existing, but not immediately available, record. In that event, the licensee shall not complete the sale of the handgun until the bureau advises the licensee that information subsequently received as a result of that request shows that the potential buyer is not prohibited from receiving or possessing a handgun under state or federal law.
(a)(1) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, state-wide concern. (2) The General Assembly further declares that the lawful design, marketing, manufacture, and sale of firearms and ammunition to the public is not unreasonably dangerous activity and does not constitute a nuisance per se. (b)(1) No county or municipal corporation, by zoning or by ordinance, resolution, or other enactment, shall regulate in any manner gun shows; the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or components of firearms; firearms dealers; or dealers in firearms components. (2) The authority to bring suit and right to recover against any firearms or ammunition manufacturer, trade association, or dealer by or on behalf of any governmental unit created by or pursuant to an Act of the General Assembly or the Constitution, or any department, agency, or authority thereof, for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public shall be reserved exclusively to the state. This paragraph shall not prohibit a political subdivision or local government authority from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or express warranty as to firearms or ammunition purchased by the political subdivision or local government authority. (c) A county or municipal corporation may regulate the transport, carrying, or possession of firearms by employees of the local unit of government in the course of their employment with such local unit of government. (d) Nothing contained in this Code section shall prohibit municipalities or counties by ordinance, resolution, or other enactment, from requiring the ownership of guns by heads of households within the political subdivision. (e) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance, resolution, or other enactment, from reasonably limiting or prohibiting the discharge of firearms within the boundaries of the municipal corporation or county.
16-11-174. (a) In the event of electronic failure, scheduled computer downtime, or similar emergency beyond the control of the bureau or center which prevents or delays the checks from being made as provided in Code Section 16-11-173, the bureau shall immediately notify the requesting licensee of the reason for, and estimated length of,

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such delay. After such notification, the center shall, as soon as possible but in no event later than noon of the next business day after the day the request is made, inform the licensee if its records indicate the buyer or transferee is prohibited from possessing or transporting a firearm by state or federal law or if a requested purchase or transfer is authorized. Unless notified by the morning of the next day after the request is made that the potential buyer or transferee is so prohibited, the licensee may complete the transaction and shall not be deemed in violation of this part. (b) A licensed dealer is not required to comply with the requirements of this part in the event of unavailability of telephone service at the licensed premises due to the failure of the entity which provides telephone service in the state, region, or other geographical area in which the licensee is located to provide telephone service to the premises of the licensee due to the location of such premises or the interruption of telephone service by reason of hurricane, tornado, flood, natural disaster, or other act of God, war, invasion, insurrection, riot, or other bona fide emergency, or other reason beyond the control of the licensee.
16-11-175. The bureau shall be authorized to charge and collect a fee not in excess of $5.00 for each criminal history and involuntary hospitalization records check conducted pursuant to Code Section 16-11-173.
16-11-176. The bureau shall not create any list, electronic, magnetic, or otherwise, containing any of the information set forth in paragraph (1) of Code Section 16-11-172 pertaining to a potential buyer or transferee unless the potential buyer or transferee is prohibited from receipt or possession of a handgun pursuant to state or federal law.
16-11-177. The bureau shall establish a toll-free telephone number which shall be operational Monday through Saturday between the hours of 8:00 A.M. and 10:00 P.M. and operational on Sundays between the hours of 8:00 A.M. and 6:00 P.M. for purposes of responding to inquiries as described in this part from licensed dealers; provided, however, that such telephone service established by the bureau shall not be operational on Christmas Day. The bureau shall employ and train such personnel as are necessary to administer expeditiously the provisions of this Code section.
16-11-178. (a) Any person who is denied the right to receive or purchase a handgun as a result of the procedures established by this part may request amendment of the record pertaining to him or her by petitioning the bureau. If the bureau fails to amend the record within seven days and except as otherwise provided in subsection (b) of this Code section, the person requesting the amendment may petition the superior court of the county of residence for an order directing the bureau to amend the record. If the record as

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corrected demonstrates that such person is not prohibited from receipt or possession of a handgun by state or federal law, the bureau shall destroy any records it maintains which contain any information derived from the criminal history record check set forth in paragraph (1) of Code Section 16-11-172. (b) In addition to other provisions of law relating to prohibitions against possessing or transporting a handgun, any individual who has been involuntarily hospitalized within five years immediately preceding the date of an application for a handgun shall be prohibited from purchasing or possessing a handgun; provided, however, that, if after a hearing before the committing court, the probate judge or judge of the superior court determines that based on the evidence submitted by such applicant and any other evidence required by the judge that such applicant is not a danger to himself or herself or others, such applicant shall not be deemed ineligible to purchase a handgun as a result of being involuntarily hospitalized. If such applicant is not deemed ineligible to purchase a handgun, the bureau shall destroy any records it maintains which contain any information derived from the involuntary hospitalization records checks set forth in paragraph (1) of Code Section 16-11-172. (c) Any person erroneously identified as a prohibited person, whose records have not been corrected pursuant to subsection (a) or (b) of this Code section, may bring an action in any court of original jurisdiction against the State of Georgia or any political subdivision thereof which is the source of the erroneous information for damages, including consequential damages, injunctive relief, and such other relief as the court deems appropriate. If the person prevails in the action, the court shall allow the person reasonable attorneys fees as part of the costs.
16-11-179. The bureau shall promulgate regulations to ensure the identity, confidentiality, and security of all records and data provided pursuant to this part. Any government official who willfully or intentionally compromises the identity, confidentiality, and security of any records and data pursuant to this part shall be guilty of a felony and fined no less than $5,000.00 and shall be subject to automatic dismissal from his or her employment.
16-11-180. Compliance with the provisions of this part shall be a complete defense to any claim or cause of action under the laws of this state for liability for damages arising from the sale or transfer of any handgun which has been shipped or transported in interstate or foreign commerce to any person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or who has been involuntarily hospitalized.
16-11-181. (a) The provisions of this part shall not apply to:
(1) Any firearm, including any handgun with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898;

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(2) Any replica of any firearm described in paragraph (1) of this subsection if such replica is not designed or redesigned to use rimfire or conventional center-fire fixed ammunition or uses rimfire or conventional center-fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; (3) Any firearm which is a curio or relic as defined by 27 C.F.R. 178.11; and (4) Potential buyers or transferees who hold a valid permit or license to carry a pistol or revolver pursuant to Code Section 16-11-129 and who exhibit such permit or license to a licensed dealer. (b) Notwithstanding any other provisions of this part, in any case where a person has transferred a handgun as collateral for a loan or as pledged goods in a pawn transaction and such transaction has been carried out pursuant to the provisions of this part, upon such person reclaiming or redeeming the handgun from the dealer or upon such person transferring any other handgun as collateral or pledged goods to the same dealer or reclaiming the same at any time during the 12 month period immediately following the original transaction with such dealer, the provisions of this part shall not apply to such transfers subsequent to the original transfer during such 12 month period.
16-11-182. (a) Any licensed dealer or any government official who willfully and intentionally requests a criminal history and involuntary hospitalization records check from the bureau for any purpose other than compliance with this part or willfully and intentionally disseminates any criminal history or involuntary hospitalization records information to any person other than the subject of such information shall be guilty of a felony. (b) Any person who, in connection with the purchase, transfer, or attempted purchase or transfer of a handgun pursuant to Code Section 16-11-172, willfully and intentionally makes any materially false oral or written statement or willfully and intentionally furnishes or exhibits any false identification intended or likely to deceive the licensee shall be guilty of a misdemeanor. (c) Any licensed dealer who willfully and intentionally sells or delivers a handgun in violation of this part shall be guilty of a misdemeanor. (d) Any purchaser or owner of a firearm who willfully and intentionally transfers the firearm at any time to a person who he or she knows to be prohibited from possession of a handgun by state or federal law shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years.
16-11-183. The bureau shall provide the Speaker of the House of Representatives and the President of the Senate an annual report including the number of inquiries made pursuant to this part for the prior calendar year. Such report shall include, but not be limited to, the number of inquiries received from licensees, the number of inquiries resulting in a determination that the potential buyer or transferee was prohibited from receipt or

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possession of a handgun pursuant to state or federal law, the estimated costs of administering this part, the number of instances in which a person requests amendment of the record pertaining to such person pursuant to subsection (a) of Code Section 1611-178, the number of instances in which the superior court issued an order directing the bureau to amend a record pursuant to subsection (a) of Code Section 16-11-178, and the number of instances in which the probate court or superior court issued an order directing the bureau to amend a record relative to involuntary hospitalization pursuant to subsection (b) of Code Section 16-11-178.
16-11-184. (a)(1) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, state-wide concern. (2) The General Assembly further declares that the lawful design, marketing, manufacture, or sale of firearms or ammunition to the public is not unreasonably dangerous activity and does not constitute a nuisance per se. (b)(1) No county or municipal corporation, by zoning or by ordinance, resolution, or other enactment, shall regulate in any manner gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms, components of firearms, firearms dealers, or dealers in firearms components. (2) The authority to bring suit and right to recover against any firearms or ammunition manufacturer, trade association, or dealer by or on behalf of any governmental unit created by or pursuant to an Act of the General Assembly or the Constitution, or any department, agency, or authority thereof, for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public shall be reserved exclusively to the state. This paragraph shall not prohibit a political subdivision or local government authority from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision or local government authority.
(c) A county or municipal corporation may regulate the transport, carrying, or possession of firearms by employees of the local unit of government in the course of their employment with that local unit of government. (d) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance, resolution, or other enactment, from requiring the ownership of guns by heads of households within the political subdivision. (e) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance, resolution, or other enactment, from reasonably limiting or prohibiting the discharge of firearms within the boundaries of the municipal corporation.
SECTION 2. Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of criminal records to private persons and businesses, is amended by striking subsections (d.1) and (e) and inserting in lieu thereof new subsections (d.1), (e),

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and (f) to read as follows: (d.1)(1) The center shall be authorized and directed to review its criminal history records and involuntary hospitalization records information and to report to each dealer as provided in Code Section 16-11-173 as to whether a named potential buyer or transferee of a handgun is prohibited from purchasing or possessing a handgun by state or federal law pursuant to the requirements of Part 5 of Article 4 of Chapter 11 of Title 16. The director of the center shall establish with adequate staff and adequate telephone lines a toll-free telephone number as required in Code Section 16-11-177. (2) The records of the Georgia Crime Information Center shall include information as to whether a person has been involuntarily hospitalized. Notwithstanding any other provisions of law and in order to carry out the provisions of this Code section and Code Sections 16-11-173 and 16-11-174, the Georgia Crime Information Center shall be provided such information and no other mental health information from the involuntary hospitalization records of the probate courts concerning persons involuntarily hospitalized after March 22, 1995, in a manner agreed upon by the Probate Judges Training Council and the Georgia Bureau of Investigation to meet the requirements of this Code section and Code Sections 16-11-173 and 16-11-174 and to preserve the confidentiality of patients rights in all other respects. Further, notwithstanding any other provisions of law and in order to carry out the provisions of this Code section and Code Sections 16-11-172 and 16-11-173, the center shall be provided information as to whether a person has been adjudicated mentally incompetent to stand trial or not guilty by reason of insanity at the time of the crime and has been involuntarily hospitalized from the records of the clerks of the superior courts concerning persons involuntarily hospitalized after March 22, 1995, in a manner agreed upon by The Council of Superior Court Clerks of Georgia and the Georgia Bureau of Investigation to meet the requirements of this Code section and Code Sections 16-11-172 and 16-11-173 and to preserve the confidentiality of patients rights in all other respects. After five years have elapsed from the date that a persons involuntary hospitalization information has been received by the Georgia Crime Information Center, the center shall purge its records of such information as soon as practicable and in any event purge such records within 30 days after the expiration of such five-year period Reserved.
(e)(1) The Georgia Crime Information Center shall be authorized to provide criminal history records, wanted person records, and involuntary hospitalization records information to the Federal Bureau of Investigation in conjunction with the National Instant Criminal Background Check System in accordance with the federal 'Brady Handgun Violence Prevention Act.' (2) The records of the Georgia Crime Information Center shall include information as to whether a person has been involuntarily hospitalized. Notwithstanding any other provisions of law and in order to carry out the provisions of this Code section and Code Section 16-11-172, the Georgia Crime Information Center shall be provided such information and no other mental health information from the involuntary hospitalization records of the probate courts concerning persons involuntarily

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hospitalized after March 22, 1995, in a manner agreed upon by the Probate Judges Training Council and the Georgia Bureau of Investigation to preserve the confidentiality of patients rights in all other respects. Further, notwithstanding any other provisions of law and in order to carry out the provisions of this Code section and Code Section 16-11-172, the center shall be provided information as to whether a person has been adjudicated mentally incompetent to stand trial or not guilty by reason of insanity at the time of the crime, has been involuntarily hospitalized, or both from the records of the clerks of the superior courts concerning persons involuntarily hospitalized after March 22, 1995, in a manner agreed upon by the Council of Superior Court Clerks of Georgia and the Georgia Bureau of Investigation to preserve the confidentiality of patients rights in all other respects. After five years have elapsed from the date that a persons involuntary hospitalization information has been received by the Georgia Crime Information Center, the center shall purge its records of such information as soon as practicable and in any event purge such records within 30 days after the expiration of such five-year period. (f) The council is empowered to adopt rules, regulations, and forms necessary to implement this Code section. The council shall promulgate regulations to ensure the identity, confidentiality, and security of all records and data provided in accordance with this Code section.

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

On the adoption of the substitute, the yeas were 36, nays 0, and the committee substitute was adopted.

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

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

Y Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson
Jones Y Kemp N Me V Bremen E Miles Y Moody Y Mullis Y Pearson

Y Smith Y Starr Y Staton Y Stephens E Stoner
Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman

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Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 47, nays 4.

SB 175, having received the requisite constitutional majority, was passed by substitute.

SB 194. By Senator Schaefer of the 50th:

A BILL to be entitled an Act to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, so as to provide that certain counties may levy and collect such a tax at the rate of 5 percent; to provide that funds shall be expended in a certain way; to repeal conflicting laws; and for other purposes.

Senator Schaefer of the 50th offered the following amendment:

Amend SB 194 by striking lines 19 through 24 of page 2 and inserting in lieu thereof the following:
(B) The provisions of paragraph (2) of subsection (a) of this Code section relating to expenditures shall apply to this paragraph; provided, however, that a county or municipality levying a tax pursuant to this paragraph shall be authorized, but not required, to expend funds through a convention and visitors bureau authority created by local Act of the General Assembly.'

On the adoption of the amendment, the yeas were 33, nays 0, and the Schaefer 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 Brown Y Bulloch

N Hill,Jack Y Hill,Judson Y Hooks Y Hudgens

Y Smith Y Starr Y Staton Y Stephens

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Y Butler Y Cagle Y Carter Y Chance N Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Johnson Jones
Y Kemp Y Me V Bremen E Miles Y Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

E Stoner Tate
Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 48, nays 3.

SB 194, having received the requisite constitutional majority, was passed as amended.

SB 203. By Senator Wiles of the 37th:

A BILL to be entitled an Act to amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to public defenders, so as to authorize the recovery of attorneys fees and costs from persons who receive indigent defense services; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Senate Judiciary Committee offered the following substitute to SB 203:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 21A of Title 15 of the Official Code of Georgia Annotated, relating to judicial accounting, so as to clarify remittance of the $50.00 application fee to certain entities; to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, so as to authorize the recovery of attorneys fees and costs under certain circumstances; to provide for definitions; to provide for clarity regarding which entities may be entitled to collect attorneys fees and the mechanism for such collection; to correct a cross-reference relating to circuit public defender offices contracts with local governments; 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. Chapter 21A of Title 15 of the Official Code of Georgia Annotated, relating to judicial accounting, is amended by adding a new subsection to the end of Code Section 15-21A-6, relating to application fees for free legal services and remittance of funds, to read as follows:
(f) For the purposes of this Code section, a county or municipality that provides indigent defense services or that contracts with a circuit public defender office for the provision of indigent defense services in courts other than the superior and juvenile court is deemed to be the entity providing the legal defense services and is entitled to impose and collect the application fee authorized by subsection (e) of this Code section.
SECTION 2. Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, is amended by striking subsection (d) of Code Section 17-12-23, relating to contracts with local governments, and inserting in lieu thereof the following:
(d) A city, or county, or consolidated government may contract with the circuit public defender office for the provision of criminal defense for indigent persons accused of violating city, or county, or consolidated government ordinances or state laws. If a city, or county, or consolidated government does not contract with the circuit public defender office, the city, or county, or consolidated government shall be subject to all applicable standards adopted by the council for representation of indigent persons in this state.
SECTION 3. Said chapter is further amended by inserting a new Article 2A to the chapter to read as follows:
ARTICLE 2A
17-12-50. As used in this article, the term:
(1) 'Paid in part' means payment by a county or municipality for a part of the cost of the provision of indigent defense services pursuant to a contract with a circuit public defender office as set forth in subsection (d) of Code Section 17-12-23. The term does not include payment by a county or municipality for office space and other supplies as set forth in Code Section 17-12-34. (2) 'Public defender' means an attorney employed by a circuit public defender office, an attorney who is a conflict defender, or any other attorney who is paid from public funds to represent an indigent person in a criminal case.

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17-12-51. (a) When a defendant who is represented by a public defender, who is paid in part or in whole by a county, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other expenses of the defense if the payment does not impose a financial hardship upon the defendant or the defendants dependent or dependents. The defendant shall make the payment through the probation department to the county. (b) When a defendant who is represented by a public defender, who is paid in part or in whole by a municipality, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other expenses of the defense if the payment does not impose a financial hardship upon the defendant or the defendants dependent or dependents. The defendant shall make the payment through the probation department to the municipality. (c) If a defendant who is represented by a public defender, who is paid for entirely by the state, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other costs of the defense if the payment does not impose a financial hardship upon defendant or the defendants dependent or dependents. The defendant shall make the payment through the probation department to Georgia Public Defender Standards Council for payment to the general fund of the state treasury. It is the intent of the General Assembly that all funds collected under this subsection shall be made available through the general appropriations process and may be appropriated for purposes of funding indigent defense. (d) In determining whether or not a payment imposed under this Code section imposes a financial hardship upon a defendant or defendants dependent or dependents and in determining the amount of the payment to impose, the court shall consider the factors set forth in Code Section 17-14-10. The public defender may provide the court with an estimate of the cost for providing to the defendant the legal representation and other expenses of the defense. If requested by the defendant, the court shall hold a hearing to determine the amount to be paid. (e) This Code section shall not apply to a disposition involving a child pursuant to Chapter 11 of Title 15, relating to juvenile proceedings.
17-12-52 (a) A county or municipality may recover payment or reimbursement from a person who has received legal assistance from a public defender paid in part or in whole by the county or municipality:
(1) If the person was not eligible to receive such legal assistance; or (2) If the person has been ordered to pay for the legal representation and other expenses of the defense pursuant to Code Section 17-12-51 and has not paid for the

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legal services. (b) An action shall be brought within four years after the date on which the legal services were received. (c) In determining the amount of the payment imposed under this Code section, the court shall consider the factors set forth in Code Section 17-14-10. The public defender may provide the court with an estimate of the cost for providing to the defendant the legal representation and other expenses of the defense. (d) This Code section shall not apply to proceedings involving a child pursuant to Chapter 11 of Title 15, relating to juvenile proceedings.
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 34, 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 Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson
Jones Y Kemp Y Me V Bremen E Miles Y Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer

Y Smith Y Starr Y Staton Y Stephens E Stoner
Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles

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Y Harp Y Heath Y Henson

Y Seabaugh Y Seay Y Shafer,D

Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 2.

SB 203, having received the requisite constitutional majority, was passed by substitute.

SB 225. By Senators Hudgens of the 47th, Harp of the 29th, Moody of the 56th, Rogers of the 21st and Goggans of the 7th:

A BILL to be entitled an Act to amend Chapter 10 of Title 33 of the Official Code of Georgia Annotated, relating to assets and liabilities of insurers, so as to repeal certain provisions relating to loss reserves and liability insurance and workers compensation; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans N Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson
Jones Y Kemp N Me V Bremen E Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens E Stoner
Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 2.

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SB 225, having received the requisite constitutional majority, was passed.
SB 226. By Senators Smith of the 52nd, Thomas of the 54th, Mullis of the 53rd, Cagle of the 49th, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines, so as to provide a short title; to create the Georgia Drivers Education Commission; to provide for the membership, appointment, terms, and duties of such commission; to provide for the ability of the commission to accept federal grants and funds and donations from other sources and the disposition of such funds; to provide for the imposition, collection, and disposition of certain additional fees for violation of certain criminal and traffic laws of this state; to provide for appropriations; to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers licenses, so as to change the minimum age for the issuance of certain licenses and permits; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
The Senate Public Safety and Homeland Security Committee offered the following substitute to SB 226:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines, so as to provide a short title; to create the Georgia Drivers Education Commission; to provide for the membership, appointment, terms, and duties of such commission; to provide for the ability of the commission to accept federal grants and funds and donations from other sources and the disposition of such funds; to provide for the imposition, collection, and disposition of certain additional fees for violation of certain criminal and traffic laws of this state; to provide for appropriations; to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers licenses, so as to change the minimum age for the issuance of certain licenses and permits; to provide for related matters; to provide effective dates and applicability; to repeal conflicting laws; and for other purposes.
WHEREAS, Joshua Brown, the son of Alan and LuGina Brown, was killed in a tragic automobile accident on July 9, 2003; and
WHEREAS, the death of this young man has underscored the need for a greater effort to

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train Georgia young people in how to drive; and
WHEREAS, the advancement of computer simulations and training has made driver education and training more affordable and convenient; and
WHEREAS, the state should assist in getting more young people into these driver education and training programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines, is amended by adding a new Article 10 to read as follows:
ARTICLE 10
15-21-170. This article shall be known and may be cited as 'Joshuas Law.'
15-21-171. As used in this article, the term 'commission' means the Georgia Drivers Education Commission created in Code Section 15-21-172.
15-21-172. There is established the Georgia Drivers Education Commission, which is assigned to the Department of Education for administrative purposes only, as prescribed in Code Section 50-4-3.
15-21-173. (a) The Georgia Drivers Education Commission shall consist of nine members who shall serve for terms of four years, except that with respect to the first members appointed, three members shall be appointed for a term of three years, three for a term of two years, and three for a term of one year. The following agencies shall each appoint two members of the commission:
(1) The State Board of Education; and (2) The Department of Motor Vehicle Safety. The director of the Governors Office of Highway Safety shall appoint one member of the commission. The remaining four members of the commission shall be appointed by the Governor, at least two of whom shall be drivers education instructors. The Governor shall also establish initial terms of office for all nine members of the commission within the limitations of this subsection. (b) In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled in the same manner as the

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original appointment and the successor shall serve for the unexpired term. (c) Membership on the commission does not constitute a public office, and no member shall be disqualified from holding public office by reason of his or her membership. (d) The Governor shall designate a chairperson of the commission from among the members, which chairperson shall serve in that position at the pleasure of the Governor. The commission may elect such other officers and committees as it considers appropriate. (e) The commission, with the approval of the Governor, may employ such professional, technical, or clerical personnel as deemed necessary to carry out the purposes of this article.
15-21-174. Members of the commission shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the commission is in attendance at a meeting of such commission, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance.
15-21-175. (a) The commission shall do all of the following:
(1) Meet at such times and places as it shall determine necessary or convenient to perform its duties. The commission shall also meet on the call of the chairperson or the Governor; (2) Maintain minutes of its meetings; (3) Adopt rules and regulations for the transaction of its business; (4) Accept applications for disbursements of available moneys; (5) Maintain records of all expenditures of the commission, funds received as gifts and donations, and disbursements made; and (6) Conform to the standards and requirements prescribed by the state auditor pursuant to Chapter 6 of Title 50. (b) The commission shall utilize existing state resources and staff of participating departments whenever practicable.
15-21-176. The commission may recommend to the Governor and the General Assembly changes in state programs, statutes, policies, budgets, and standards relating to the provision of driver education and training in this state.
15-21-177. The commission may accept federal funds granted by Congress or executive order for

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the purposes of this article as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds do not commit state funds and do not place an obligation upon the General Assembly to continue the purposes for which the federal funds are made available.
15-21-178. The commission may authorize the disbursement of available funds from moneys appropriated to the commission by the General Assembly for purposes of providing driver education and training to a person, entity, or program eligible pursuant to criteria to be set by the commission; provided, however, that such driver education and training shall be limited to those courses of education and training exclusively utilizing computer driving simulators and related text books and materials. Nothing in this Code section shall be construed to limit the authority of the Department of Motor Vehicle Safety under Chapter 13 of Title 43, 'The Driver Training School and Commercial Driver Training School License Act.'
15-21-179. (a) In every case in which any court in this state shall impose a fine, which shall be construed to include costs, for any violation of the traffic laws of this state or for violations of ordinances of political subdivisions which have adopted by reference the traffic laws of this state, there shall be imposed as an additional penalty a sum equal to 5 percent of the original fine. (b) Such sums shall be in addition to any amount required to be paid into any pension, annuity, or retirement fund under Title 47 or any other law and in addition to any other amounts provided for in this article.
15-21-180. (a) The sums provided for in Code Section 15-21-179 shall be assessed and collected by the clerk or other court officer charged with the duty of collecting moneys 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 Office of Treasury and Fiscal Services to be deposited into the general fund of the state treasury. (b) Any person whose duty it is to collect and remit the sums provided for in this article who refuses to so remit shall be guilty of a misdemeanor.
15-21-181. As soon as practicable after the end of each fiscal year, the Office of Treasury and Fiscal Services shall report the amount of funds received pursuant to Code Section 1521-179 to the Office of Planning and Budget and the commission. It is the intent of the General Assembly that, subject to appropriation, an amount equal to such proceeds received from such fines in any fiscal year shall be made available during the following fiscal year to the commission for the purposes set forth in Code Section 15-21-178.

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SECTION 2. Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers licenses, is amended by striking Code Section 40-5-22, relating to persons not to be licensed and minimum ages for licenses, and inserting in lieu thereof a new Code Section 40-5-22 to read as follows:
40-5-22.
(a) The Except as otherwise provided in this Code section, the department shall not issue any Class C drivers license to any person who is under 18 years of age or Class M drivers license to any person who is under the age of 16 17 years, except that the department may, under subsection (a) of Code Section 40-5-24, issue a Class P instruction permit permitting the operation of a noncommercial Class C vehicle to any person who is at least 15 years of age, and may, under subsection (b) of Code Section 40-5-24, issue a Class D drivers license permitting the operation of a noncommercial Class C vehicle to any person who is at least 16 17 years of age. On and after January 1, 1985, the department shall not issue any drivers license to any person under 18 years of age unless such person presents a certificate or other evidence acceptable to the department which indicates satisfactory completion of an alcohol and drug course as prescribed in subsection (b) of Code Section 20-2-142; provided, however, that a person under 18 years of age who becomes a resident of this state and who has in his or her immediate possession a valid license issued to him or her in another state or country shall not be required to take or complete the alcohol and drug course. The department shall not issue a drivers license or a Class P instruction permit for the operation of a Class A or B vehicle or any commercial drivers license to any person who is under the age of 18 years.
(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) diploma, a special diploma, or a certificate of high school completion, 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 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 that such

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minors instruction permit or drivers license is suspended subject to review as provided for in this subsection if the department receives notice pursuant to Code Section 20-2-701 that indicates 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 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; (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 of one year or shall end upon the date of such minors eighteenth birthday, 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.

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(a.2)(1) On and after January 1, 2002, the department shall not issue any initial Class D drivers license or, in the case of a person who has never been issued a Class D drivers license by the department or the equivalent thereof by any other jurisdiction, any initial Class C drivers license unless such person:
(A) Has Is at least 16 years of age and has completed an approved driver education course in a licensed private or public driver training school and in addition a cumulative total of at least 20 40 hours of other supervised driving experience including at least six hours at night, all of which is verified in writing signed before a person authorized to administer oaths by a parent or guardian of the applicant or by the applicant if such person is at least 18 years of age; or (B) Has Is at least 17 years of age and has completed a cumulative total of at least 40 hours of supervised driving experience including at least six hours at night, and the same is verified in writing signed before a person authorized to administer oaths by a parent or guardian of the applicant or by the applicant if such person is at least 18 years of age; provided, however, that a person under 18 years of age who becomes a resident of this state, who meets all of the qualifications for issuance of a Class C license with the exception of the completion of an approved drivers training course and at least 40 hours of supervised driving experience as required by this subsection, and who has in his or her immediate possession a valid license equivalent to a Class C license issued to him or her in another state or country shall be entitled to receive a Class C license. (2) The commissioner shall by rule or regulation establish standards for approval of any driver education course for purposes of subparagraph (A) of paragraph (1) of this subsection, provided that such course shall be designed to educate young drivers about safe driving practices and the traffic laws of this state and to train young drivers in the safe operation of motor vehicles. (3) For purposes of supervised driving experience under paragraph (1) of this subsection, supervision shall be provided by a person at least 21 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver. (b) Notwithstanding the provisions of subsection (a) of this Code section, any person 14 years of age who has a parent or guardian who is medically incapable of being licensed to operate a motor vehicle due to visual impairment may apply for and, subject to the approval of the commissioner, may be issued a restricted noncommercial Class P instruction permit for the operation of a noncommercial Class C vehicle. Any person permitted pursuant to this subsection shall be accompanied by such visually impaired parent or guardian whenever operating a motor vehicle. (c) The department shall not issue any drivers license to nor renew the drivers license of any person: (1) Whose license has been suspended during such suspension, or whose license has been revoked, except as otherwise provided in this chapter; (2) Whose license is currently under suspension or revocation in any other

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jurisdiction upon grounds which would authorize the suspension or revocation of a license under this chapter; (3) Who is a habitual user of alcohol or any drug to a degree rendering him incapable of safely driving a motor vehicle; (4) Who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law; (5) Who is required by this chapter to take an examination, unless such person shall have successfully passed such examination; (6) Who the commissioner has good cause to believe would not, by reason of physical or mental disability, be able to operate a motor vehicle with safety upon the highway; or (7) Whose license issued by any other jurisdiction is suspended or revoked by such other jurisdiction during the period such license is suspended or revoked by such
other jurisdiction.
SECTION 3. Said article is further amended by striking Code Section 40-5-24, relating to instruction permits and graduated licensing, and inserting in lieu thereof a new Code Section 40-5-24 to read as follows:
40-5-24.
(a)(1) Any resident of this state who is at least 15 years of age may apply to the department for an instruction permit to operate a noncommercial Class C vehicle. The department shall, after the applicant has successfully passed all parts of the examination referred to in Code Section 40-5-27 other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his or her immediate possession, to drive a Class C vehicle upon the public highways for a period of two years when accompanied by a person at least 21 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver. (2) A person who has been issued an instruction permit under this subsection and has never been issued a Class D drivers license under subsection (b) of this Code section will become eligible for a Class D drivers license under subsection (b) of this Code section only if such person is at least 16 17 years of age, has a valid instruction permit which is not under suspension, and, for a period of not less than 12 consecutive months prior to making application for a Class D drivers license, has not been convicted of a violation of Code Section 40-6-391, hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, or convicted of any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57; provided, however, that a person who is at least 16 years of age and meets all of the other qualifications of this paragraph except for age who has completed an approved driver education training course as provided

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in subsection (a.2) of Code Section 40-5-22 will be eligible for a Class D drivers license. (3) This subsection does not apply to instruction permits for the operation of motorcycles. (b)(1) Any resident of this state who is at least 16 17 years of age and who, for a period of at least 12 months, had a valid instruction permit issued under subsection (a) of this Code section may apply to the department for a Class D drivers license to operate a noncommercial Class C vehicle if such resident has otherwise complied with all prerequisites for the issuance of such Class D drivers license as provided in subsection (a) of this Code section, provided that a resident at least 16 17 years of age who has at any age surrendered to the department a valid instruction permit or drivers license issued by another state or the District of Columbia or who has submitted to the department proof, to the satisfaction of the department, of a valid instruction permit or drivers license issued by another state or the District of Columbia may apply his or her driving record under such previously issued permit or drivers license toward meeting the eligibility requirements for a Class D drivers license the same as if such previously issued permit or drivers license were an instruction permit issued under subsection (a) of this Code section; provided, however, that a person who is at least 16 years of age and meets all of the other qualifications of this paragraph except for age who has completed an approved driver education training course as provided in subsection (a.2) of Code Section 40-5-22 may apply for a Class D drivers license. (2) The department shall, after all applicable requirements have been met, issue to the applicant a Class D drivers license which shall entitle the applicant, while having such license in his or her immediate possession, to drive a Class C vehicle upon the public highways of this state under the following conditions:
(A) Any Class D license holder shall not drive a Class C motor vehicle on the public roads, streets, or highways of this state between the hours of 12:00 Midnight and 6:00 A.M. eastern standard time or eastern daylight time, whichever is applicable; and
(B)(i) Any Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when more than three other passengers in the vehicle who are not members of the drivers immediate family are less than 21 years of age. (ii) During the six-month period immediately following issuance of such license, any Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when any other passenger in the vehicle is not a member of the drivers immediate family; provided, however, that a Class D license holder shall not be charged with a violation of this paragraph alone but may be charged with violating this paragraph in addition to any other traffic offense. (3) A person who has been issued a Class D drivers license under this subsection and has never been issued a Class C drivers license under this chapter will become eligible for a Class C drivers license under this chapter only if such person has a

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valid Class D drivers license which is not under suspension and, for a period of not less than 12 consecutive months prior to making application for a Class C drivers license, has not been convicted of a violation of Code Section 40-6-391, hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, or convicted of any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57 and is at least 18 years of age. (c) Any resident of this state who is at least 16 17 years of age may apply to the department for a noncommercial Class M motorcycle instruction permit. The department shall, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his or her immediate possession, to drive a motorcycle or a motor driven cycle upon the public highways for a period of six months; provided, however, that a person who is at least 16 years of age and meets all of the other qualifications of this subsection except for age who has completed an approved driver education training course as provided in subsection (a.2) of Code Section 40-5-22 may apply for a Class M motorcycle instruction permit. A motorcycle instruction permit shall not be valid when carrying passengers, on a limited access highway, or at night. (d) Any resident of this state who is at least 18 years of age may apply to the department for an instruction permit to operate noncommercial vehicles in Classes A and B. Such permits may be issued only to persons with valid commercial or noncommercial Class C licenses or persons who have passed all required tests for a commercial or noncommercial Class C license. The department shall, after the applicant has successfully passed all parts of the appropriate examination other than the skill and driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having the permit in his or her immediate possession, to operate a vehicle of the appropriate noncommercial class upon the public highways for a period of 12 months when accompanied by a licensed driver, qualified in the vehicle being operated, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver as an instructor. Prior to being issued a drivers license for Classes A and B, the applicant shall pass a knowledge and skill test for driving a Class A or B vehicle as provided by the commissioner. (e) The department shall issue a temporary drivers permit to an applicant for a drivers license permitting him or her to operate a specified type or class of motor vehicle while the department is completing its investigation and determination of all facts relative to such applicants eligibility to receive a drivers license. Such permit must be in his or her immediate possession while operating a motor vehicle, and it shall be invalid when the applicants license has been issued or for good cause has been refused. Such permit shall be valid for no more than 45 days. When a license has been refused, the permit shall be returned to the department within ten days of receipt of written notice of
refusal.

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SECTION 4. The provisions of this Act shall not apply to or otherwise affect any valid license or instructional permit which has been issued to any person by this state and which is in effect on the effective date of this Act. On and after the effective date of this Act, no new license or instructional permit shall be issued except in compliance with the provisions of this Act.

SECTION 5. Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all traffic offenses committed on and after such date. The remaining sections of this Act shall become effective on July 1, 2006.

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Senator Tolleson of the 20th offered the following amendment:

Amend SB 226 substitute by page 12 line 9 after "on" January 1, 2007.

On the adoption of the amendment, the yeas were 31, nays 4, and the Tolleson amendment was adopted.

On the adoption of the substitute, the yeas were 38, nays 1, and the committee substitute was adopted as amended.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson

Y Smith Starr
Y Staton Y Stephens Y Stoner N Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman

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Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson

Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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

SB 226, having received the requisite constitutional majority, was passed by substitute.

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

Mr. President:

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

HB 499.

By Representatives Franklin of the 43rd, Keen of the 179th and Burkhalter of the 50th:

A BILL to be entitled an Act to amend Chapter 1 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections, so as to provide for the composition and number of congressional districts; to provide for election of members of Congress; to provide when such members shall take office; to provide for continuation of present congressional districts until a certain time; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Calendar was resumed.

SB 227. By Senator Cagle of the 49th:

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 provide for the entering into of cap, collar, swap, and other derivative transactions regarding interest rates that manage interest rate risk or cost with respect to the issuance of certain bonds; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the

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Georgia State Financing and Investment Commission; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate Finance Committee offered the following substitute to SB 227:
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 provide for the entering into of cap, collar, swap, and other derivative transactions regarding interest rates that manage interest rate risk or cost with respect to the issuance of certain bonds; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Georgia State Financing and Investment Commission; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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 11, to read as follows:
ARTICLE 11
36-82-250. As used in this article, the term:
(1) 'Counterparty' means the party entering into a qualified interest rate management agreement with the local governmental entity. A counterparty must be a bank, insurance company, or other financial institution duly qualified to do business in the state that either:
(A) Has, or whose obligations are guaranteed by an entity that has, at the time of entering into a qualified interest rate management agreement and for the entire term thereof, a long-term unsecured debt rating or financial strength rating in one of the top two ratings categories, without regard to any refinement or gradation of rating category by numerical modifier or otherwise, assigned by any two of the following: Moodys Investors Service, Inc., Standard & Poors Ratings Service, a division of The McGraw-Hill Companies, Inc., Fitch, Inc., or such other nationally recognized ratings service approved by the governing body of the local governmental entity; or (B) Has collateralized its obligations under a qualified interest rate management agreement in a manner approved by the local governmental entity.

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(2) 'Debt' shall include all debt and revenue obligations that a local governmental entity is authorized to incur by law, including without limitation general obligation debt in the form of bonds or other obligations, revenue bonds and other forms of revenue obligations, and all other debt or revenue undertakings, including, but not limited to, bonds, notes, warrants, certificates or other evidences of indebtedness, or other obligations for borrowed money issued or to be issued by any local governmental entity. 'Debt' includes any financing lease or installment purchase contracts of any local public authorities. (3) 'Independent financial adviser' means a person or entity experienced in the financial aspects and risks of qualified interest rate management agreements that is retained by the local governmental entity to render advice with respect to a qualified interest rate management agreement. The independent financial adviser may not be the counterparty or an affiliate or agent of the counterparty on a qualified interest rate management agreement with respect to which the independent financial adviser is advising the local governmental entity. (4) 'Interest rate management plan' means a written plan prepared or reviewed by an independent financial adviser with respect to qualified interest rate management agreements of the local governmental entity, which plan has been approved by the governing body of the local governmental entity. (5) 'Lease or installment purchase contract' means multiyear lease, purchase, installment purchase, or lease purchase contracts within the meaning of Code Sections 20-2-506 and 36-60-13 or substantially similar other or successor Code sections. (6) 'Local governmental entity' means any governmental body as defined in paragraph (2) of Code Section 36-82-61, as amended; provided, however, that such term shall only include authorities which are local public authorities included in the definition thereof set forth in subparagraph (C) of paragraph (2) of Code Section 3682-61, as amended. (7) 'Qualified interest rate management agreement' means an agreement, including a confirmation evidencing a transaction effected under a master agreement entered into by the local governmental entity in accordance with, and fulfilling the requirements of, Code Section 36-82-253, which agreement in the judgment of the local governmental entity is designed to manage interest rate risk or interest cost of the local governmental entity on any debt or lease or installment purchase contract the local governmental entity is authorized to incur, including, but not limited to, interest rate swaps or exchange agreements, interest rate caps, collars, corridors, ceiling, floor, and lock agreements, forward agreements, swaptions, warrants, and other interest rate agreements which, in the judgment of the local governmental entity, will assist the local governmental entity in managing its interest rate risk or interest cost.
36-82-251. With respect to all or any portion of any debt or lease or installment purchase contract, either issued or anticipated to be issued by the local governmental entity, the local governmental entity may enter into, terminate, amend, or otherwise modify a qualified

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interest rate management agreement under such terms and conditions as the local governmental entity may determine, including, without limitation, provisions permitting the local governmental entity to pay to or receive from any counterparty any loss of benefits under such agreement upon early termination thereof or default under such agreement.
36-82-252. (a) Prior to executing and delivering a qualified interest rate management agreement, the local governmental entity shall have adopted an interest rate management plan that includes:
(1) An analysis of the interest rate risk, basis risk, termination risk, credit risk, market-access risk, and other risks to the local governmental entity entering into qualified interest rate management agreements; (2) The local governmental entitys procedure for approving and executing qualified interest rate management agreements; (3) The local governmental entitys plan to monitor interest rate risk, basis risk, termination risk, credit risk, market-access risk, and other risks; (4) The local governmental entitys procedure for maintaining current records of all qualified interest rate management agreements that have been approved and executed; and (5) Such other provisions as may from time to time be required by the governing body of the local governmental entity, including but not limited to additional provisions due to changes in market conditions for qualified interest rate management agreements. (b) The local governmental entity shall conduct an annual review of its interest rate management plan as to the adequacy of the procedures set forth in such plan for the analysis and monitoring requirements set forth in subsection (a) of this Code section. A report summarizing the results of such review shall be submitted annually to the governing body of the local governmental entity. The requirements of this subsection shall not be construed as to require the review of any existing interest rate management plan by an independent financial adviser.
36-82-253. (a) Each qualified interest rate management agreement shall meet the following requirements:
(1) Subject to subsection (b) of this Code section, the maximum term, including any renewal periods, of any qualified interest rate management agreement may not exceed ten years unless such longer term has been approved by the governing body of the local governmental entity; provided, however, that in no case may the term of the qualified interest rate management agreement exceed the latest maturity date of the bonds, notes, or debt or lease or installment purchase contract referenced in the qualified interest rate management agreement; (2) The local governmental entity shall enter into a qualified interest rate

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management agreement only with a counterparty meeting the requirements set forth in paragraph (1) of Code Section 36-82-250; (3) Prior to the execution and delivery by the local governmental entity of any qualified interest rate management agreement, an interest rate management plan meeting the requirements of Code Section 36-82-252 must have been approved by the governing body of the local governmental entity and the governing body of the local governmental entity shall have been provided evidence that such qualified interest rate management agreement is in compliance with the existing interest rate management plan; (4) Any qualified interest rate management agreement shall be payable only in the currency of the United States of America; and (5) Unless otherwise approved by the governing body of the local governmental entity, the notional amount of any qualified interest rate management agreement shall not exceed the outstanding principal amount of the debt or the aggregate payments due under any lease or installment purchase contract to which such agreement relates. (b) A qualified interest rate management agreement may provide that it shall terminate absolutely 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 and may also provide for automatic renewal unless positive action is taken by the local governmental entity to terminate such contract; and the nature of such action shall be determined by the local governmental entity and specified in the contract. A qualified interest rate management agreement which includes the termination and renewal provisions permitted by this subsection may provide for the payment of any fee related to a termination or a nonrenewal, so long as the following requirements are satisfied: (1) Such qualified interest rate management agreement shall terminate absolutely 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; (2) Any renewal of such qualified interest rate management agreement shall require positive action taken by the governing body of the local governmental entity or in such other manner not otherwise prohibited by law which method of renewal and termination, in either case, shall be specified in the qualified interest rate management agreement; and (3) Such qualified interest rate management agreement shall include a statement of the total obligation of the local governmental entity for the calendar year of execution and, if renewed, for the calendar year of renewal. A qualified interest rate management agreement meeting the requirements of this subsection may also provide that the local governmental entitys obligations will terminate immediately and absolutely at such time as appropriated and that other funds encumbered for payment by the state pursuant to the terms of such qualified interest rate management agreement are no longer available to satisfy such obligations. The total obligation of the local governmental entity for the calendar year payable pursuant to a qualified interest rate management agreement may be stated in contingent but objective terms with respect to variable rate payments or termination payments, but in

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that event a qualified interest rate management agreement must provide that it will terminate immediately and absolutely at such time as appropriated and that other funds encumbered for its payment are no longer available to satisfy the obligations of the state under such agreement. A qualified interest rate management agreement executed under this subsection shall not be deemed to create a debt of the local governmental entity or otherwise obligate the payment of any sum beyond the calendar year of execution or, in the event of a renewal, beyond the calendar year of such renewal.
(c)(1) Any qualified interest rate management agreement of a local governmental entity may provide that it is an unconditional, limited recourse obligation of such local governmental entity payable from a specified revenue source. (2) A local governmental entity may, in any qualified interest rate management agreement that constitutes a limited recourse obligation of the local governmental entity, pledge to the punctual payment of amounts due under the qualified interest rate management agreement revenues from a specified revenue source, which shall not include any taxes, including, without limitation, collateral derived from such revenue source or proceeds of the debt, including debt for future delivery, to which such qualified interest rate management agreement relates. (d) A qualified interest rate management agreement that constitutes a limited recourse obligation shall not be payable from or charged upon any funds other than the revenue identified as the source of payment thereof, nor shall the local governmental entity entering into the same be subject to any pecuniary liability thereon. No counterparty under any such qualified interest rate management agreement shall ever have the right to compel any exercise of the taxing power of the state or the local governmental entity to pay any amount due under any such qualified interest rate management agreement, nor to enforce payment thereof against any property of the state or local governmental entity, other than the specified revenue source; nor shall any such qualified interest rate management agreement constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the state or local governmental entity, other than the specified revenue source. Every such qualified interest rate management agreement shall contain a recital setting forth the substance of this subsection. (e) Any local governmental entity may enter into credit enhancement or liquidity agreements in connection with any qualified interest rate management agreement containing such terms and conditions as the governing body determines are necessary or desirable, provided that any such agreement has the same source of payment as the related qualified interest rate management agreement.
36-82-254. The local governmental entity that has entered into a qualified interest rate management agreement shall include in its annual financial statements information with respect to each qualified interest rate management agreement it has authorized or entered into, including any information required pursuant to any statement issued by the Governmental Accounting Standards Board.

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36-82-255. When entering into any qualified interest rate management agreement authorized under this article, the agreement shall be governed by the laws of the State of Georgia, and jurisdiction over the local governmental entity in any matter concerning a qualified interest rate management agreement shall lie exclusively in the courts of the State of Georgia or in the applicable federal court having jurisdiction and located within the State of Georgia.
SECTION 2. Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new article at the end of Chapter 17, relating to state debt, investment, and depositories, to be designated Article 5, to read as follows:
ARTICLE 5
50-17-100. As used in this article, the term:
(1) 'Commission' means the Georgia State Financing and Investment Commission as defined in paragraph (1) of Code Section 50-17-21, as amended. (2) 'Counterparty' means the party entering into a qualified interest rate management agreement with the state party. A counterparty must be a bank, insurance company, or other financial institution duly qualified to do business in the state that either:
(A) Has, or whose obligations are guaranteed by an entity that has, at the time of entering into a qualified interest rate management agreement and for the entire term thereof, a long-term unsecured debt rating or financial strength rating in one of the top two ratings categories, without regard to any refinement or gradation of rating category by numerical modifier or otherwise, assigned by any two of the following: Moodys Investors Service, Inc., Standard & Poors Ratings Service, a division of The McGraw-Hill Companies, Inc., Fitch, Inc., or such other nationally recognized ratings service approved by the commission; or (B) Has collateralized its obligations under a qualified interest rate management agreement in a manner approved by the commission. (3) 'Debt' shall include all debt and revenue obligations that a state party is authorized to incur by law, including without limitation general obligation debt in the form of bonds or other obligations, guaranteed revenue debt in the form of bonds or other obligations, revenue bonds and other forms of revenue obligations, and all other debt or revenue undertakings, including, but not limited to, bonds, notes, warrants, certificates or other evidences of indebtedness, or other obligations for borrowed money issued or to be issued by any state party. 'Debt' includes any financing lease or installment purchase contracts of any state authority. (4) 'Independent financial adviser' means a person or entity experienced in the financial aspects and risks of qualified interest rate management agreements that is retained by the state party to render advice with respect to a qualified interest rate

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management agreement. The independent financial adviser may not be the counterparty or an affiliate or agent of the counterparty on a qualified interest rate management agreement with respect to which the independent financial adviser is advising the state party. (5) 'Interest rate management plan' means a written plan prepared or reviewed by an independent financial adviser with respect to qualified interest rate management agreements of the state party. (6) 'Lease or installment purchase contract' means multiyear lease, purchase, installment purchase, or lease purchase contracts within the meaning of Code Sections 50-5-64, 50-5-65, and 50-5-77 or substantially similar other or successor Code sections. (7) 'State party' means the state and any state authority. (8) 'Qualified interest rate management agreement' means an agreement, including a confirmation evidencing a transaction effected under a master agreement, entered into by the state party in accordance with, and fulfilling the requirements of, Code Section 50-17-101 which agreement in the judgment of the state party is designed to manage interest rate risk or interest cost of the state party on any debt or lease or installment purchase contract the state party is authorized to incur, including, but not limited to, interest rate swaps or exchange agreements, interest rate caps, collars, corridors, ceiling, floor, and lock agreements, forward agreements, swaptions, warrants, and other interest rate agreements which, in the judgment of the state party, will assist the state party in managing the interest rate risk or interest cost of the state or state authority. (9) 'State authority' means any state authority as defined in paragraph (9) of Code Section 50-17-21, as amended.
50-17-101. (a) The commission is authorized to and shall establish guidelines, rules, or regulations with respect to the procedures for approving interest rate management plans and with respect to any requirements for qualified interest rate management agreements. Such guidelines, rules, and regulations shall apply to the interest rate management plans and qualified interest rate management agreements of any state party. Such guidelines, rules, and regulations shall not constitute a rule within the meaning of Chapter 13 of this title, the 'Georgia Administrative Procedure Act,' including, without limitation, the term 'rule' as defined in paragraph (6) of Code Section 50-13-2 and used in Code Section 50-13-4. (b) With respect to all or any portion of any debt or any lease or installment purchase contract, either issued or anticipated to be issued by the state party, the state party may enter into, terminate, amend, or otherwise modify a qualified interest rate management agreement under such terms and conditions as the state party may determine, including, without limitation, provisions permitting the state party to pay to or receive from any counterparty any loss of benefits under such agreement upon early termination thereof or default under such agreement.

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(c) Payments received by a state party pursuant to the terms of a qualified interest rate management agreement shall not be deposited into the state general fund but shall be subject to disposition by the state party and applied in accord with the goals of managing interest rate risk and interest cost as set forth in the qualified interest rate management agreement, any authorizing document for the debt or the lease or installment purchase contract to which such qualified interest rate management agreement relates, or such state partys interest rate management plan.
(d)(1) With respect to any qualified interest rate management agreement related to all or any portion of debt of a state party, the obligations of the state party contained in such qualified interest rate management agreement may be incurred as related or additional obligations of such debt and approved in the same manner as required for authorizing, approving, and issuing such debt to the extent not otherwise prohibited, limited, or impractical and consistent with any tax-exempt status of the related debt. If this power is exercised with respect to state debt, the obligations to pay a counterparty shall be subordinate to the obligations to pay holders of general obligation debt, guaranteed revenue debt, and all payments required under contracts entitled to the protection of the second paragraph of Paragraph I(a), Section VI, Article IX of the Constitution of 1976. (2) When the obligations of the state party are not incurred as debt pursuant to paragraph (1) of this subsection and the qualified interest rate management agreement relates to debt of a state authority, the qualified interest rate management agreement shall be on such terms and conditions as the state party and counterparty agree consistent with provisions of this article. (3) When the obligations of the state party are not incurred as debt pursuant to paragraph (1) of this subsection and the qualified interest rate management agreement relates to debt of the state or to a lease or installment purchase contract, the obligations of the state party contained in such qualified interest rate management agreement may renew from fiscal year to fiscal year and may provide for the payment of any fee related to a termination or a nonrenewal, so long as the following requirements are satisfied:
(A) Such qualified interest rate management agreement shall terminate absolutely at the close of the fiscal year in which it was executed and at the close of each succeeding fiscal year for which it may be renewed; (B) Any renewal of such qualified interest rate management agreement shall require positive action taken by the state party or in such other manner not otherwise prohibited by law which method of renewal and termination, in either case, shall be specified in the qualified interest rate management agreement; and (C) Such qualified interest rate management agreement shall include a statement of the total obligation of the state party for the fiscal year of execution and, if renewed, for the fiscal year of renewal. A qualified interest rate management agreement meeting the requirements of this paragraph may also provide that the states obligations will terminate immediately and absolutely at such time as appropriated and that other funds encumbered for

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payment by the state pursuant to the terms of such qualified interest rate management agreement are no longer available to satisfy such obligations. The total obligation of the state for the fiscal year payable pursuant to a qualified interest rate management agreement may be stated in contingent but objective terms with respect to variable rate payments or termination payments, but in that event a qualified interest rate management agreement must provide that it will terminate immediately and absolutely at such time as appropriated and that other funds encumbered for its payment are no longer available to satisfy the obligations of the state under such agreement. A qualified interest rate management agreement executed under this paragraph shall not be deemed to create a debt of the state or otherwise obligate the payment of any sum beyond the fiscal year of execution or, in the event of a renewal, beyond the fiscal year of such renewal. When a qualified interest rate management agreement is executed under paragraph (2) of this subsection, the obligation of the state may be treated as an operating expense of the commission within the meaning of Paragraph VII of Section IV of Article VII of the Constitution and within the meaning of paragraph (2) of subsection (g) of Code Section 50-17-22 and of subsection (b) of Code Section 50-17-27. (e)(1) The obligations of a state party to pay a counterparty under a qualified interest rate management agreement with respect to debt may be paid from any lawful source, to the extent not otherwise prohibited, limited, or impractical and consistent with any tax exempt status of the related debt and in compliance with the Budget Act, including without limitation, as to the state, proceeds of general obligation debt, earnings on investments of proceeds of general obligation debt, appropriations of state and federal funds, and agency funds; and, as to any state authority, any funds of such state authority to the extent not otherwise prohibited, limited, or impractical and consistent with any tax exempt status of the related debt. (2) The obligations of a state party to pay a counterparty under a qualified interest rate management agreement with respect to a lease or installment purchase contract may be paid from any lawful source, to the extent not otherwise prohibited, limited, or impractical and consistent with any tax-exempt status of the related lease or installment purchase agreement and in compliance with the Budget Act, including without limitation appropriations of state and federal funds and agency funds. (f)(1) With respect to obligations of a state authority to pay a counterparty, any qualified interest rate management agreement of a state authority may provide that it is an unconditional, limited recourse obligation of such state authority payable from a specified revenue source. (2) A state authority may, in any qualified interest rate management agreement that constitutes a limited recourse obligation of the state authority, pledge to the punctual payment of amounts due under the qualified interest rate management agreement revenues from a specified revenue source, which shall not include any taxes, including without limitation collateral derived from such revenue source or proceeds of the debt, including debt for future delivery, to which such qualified interest rate management agreement relates.

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(3) A qualified interest rate management agreement that constitutes a limited recourse obligation shall not be payable from or charged upon any funds other than the revenue identified as the source of payment thereof, nor shall the state authority entering into the same be subject to any pecuniary liability thereon. No counterparty under any such qualified interest rate management agreement shall ever have the right to compel any exercise of the taxing power of the state or the state authority to pay any amount due under any such qualified interest rate management agreement, nor to enforce payment thereof against any property of the state or state authority, other than the specified revenue source; nor shall any such qualified interest rate management agreement constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the state or state authority, other than the specified revenue source. Every such qualified interest rate management agreement shall contain a recital setting forth the substance of this paragraph. (g)(1) The commission shall act for the state with respect to debt of the state and a qualified interest rate management agreement. However, upon authorization of the Governor, the Office of Treasury and Fiscal Services shall act as fiscal agent or provide other administrative services. (2) A state authority shall act for itself with respect to an interest rate management plan, a qualified interest rate management agreement, and an independent financial advisor regarding the debt of the state authority subject, however, to the guidelines, rules, and regulations of the commission under subsection (a) of this Code section. Further, the interest rate management plan, a qualified interest rate management agreement, and retention of an independent financial advisor will be treated as financial advisory matters within the exclusive authority and jurisdiction of the commission under paragraph (1) of subsection (f) of Code Section 50-17-22 and will require specific commission approval, unless the commission otherwise directs in either the specific case or in general terms. Upon authorization of the Governor, the Office of Treasury and Fiscal Services shall act as fiscal agent or provide other administrative services for a qualified interest rate management agreement of the state authority. (3) The agency responsible for payment shall act for the state with respect to a lease or installment purchase contract but only under the supervision and approval of the commission. Upon authorization of the Governor, the Office of Treasury and Fiscal Services shall act as fiscal agent or provide other administrative services.
50-17-102. (a) Prior to executing and delivering a qualified interest rate management agreement, the state party shall have adopted an interest rate management plan that includes:
(1) An analysis of the interest rate risk, basis risk, termination risk, credit risk, market-access risk, and other risks to the state party entering into qualified interest rate management agreements; (2) The state partys procedure for approving and executing qualified interest rate management agreements;

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(3) The state partys plan to monitor interest rate risk, basis risk, termination risk, credit risk, market-access risk, and other risks; and (4) Such other provisions as may from time to time be required by the commission, including but not limited to additional provisions due to changes in market conditions for qualified interest rate management agreements. Any interest rate management plan adopted by the state shall be approved by the commission or by a designated officer of the commission and shall have been reviewed by an independent financial adviser approved by the commission. (b) The state party shall conduct an annual review of its interest rate management plan as to the adequacy of the procedures set forth in such plan for the analysis and monitoring requirements set forth in subsection (a) of this Code section. A report summarizing the results of such review shall be submitted annually to the commission and, with respect to any interest rate management plan of a state authority, to the governing body of such state authority. The requirements of this subsection shall not be construed as to require the review of any existing interest rate management plan by an independent financial adviser.
50-17-103. (a) Each qualified interest rate management agreement shall meet the following requirements:
(1) The maximum term, including any renewal periods, of any qualified interest rate management agreement of the state may not exceed ten years unless such longer term has been approved by the commission. In addition to approval of the commission required by paragraph (2) of subsection (g) of Code Section 50-17-101, the maximum term, including any renewal periods, of any qualified interest rate management agreement of a state authority may not exceed ten years unless such longer term has been approved by the governing body of the state authority. The foregoing provisions of this paragraph notwithstanding, in no case may the term of the qualified interest rate management agreement exceed the latest maturity date of the bonds, notes, debt, or lease or installment purchase contract referenced in the qualified interest rate management agreement. (2) The state party shall enter into a qualified interest rate management agreement only with a counterparty meeting the requirements set forth in paragraph (2) of Code Section 50-17-100. (3) Prior to the execution and delivery by the state of any qualified interest rate management agreement, an interest rate management plan meeting the requirements of Code Section 50-17-102 must have been submitted to the commission and the commission shall have been provided evidence that such qualified interest rate management agreement is in compliance with the existing interest rate management plan. Prior to the execution and delivery by a state authority of any qualified interest rate management agreement, an interest rate management plan meeting the requirements of Code Section 50-17-102 must have been submitted to the governing body of the state authority and the governing body of the state authority shall have

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been provided evidence that such qualified interest rate management agreement is in compliance with the existing interest rate management plan. (4) Any qualified interest rate management agreement shall be payable only in the currency of the United States of America. (5) The notional amount of any qualified interest rate management agreement shall not exceed the outstanding principal amount of the debt or the aggregate payments due under any lease or installment purchase contract to which such agreement relates unless otherwise approved in writing by the commission for any qualified interest rate management agreement executed by the state or by the governing body of the state authority for any qualified interest rate management agreement executed by a state authority, subject to the approval of the commission required by paragraph (2) of subsection (g) of Code Section 50-17-101. (b) Any state party may enter into credit enhancement or liquidity agreements in connection with any qualified interest rate management agreement containing such terms and conditions as the state party determines are necessary or desirable, provided that any such agreement has the same source of payment as the related qualified interest rate management agreement.
50-17-104. The state party that has entered into a qualified interest rate management agreement shall include in its annual financial statements information with respect to each qualified interest rate management agreement it has authorized or entered into, including any information required by any accounting or regulatory standard to which the state party is subject.
50-17-105. When entering into any qualified interest rate management agreement authorized under this article, the agreement shall be governed by the laws of the State of Georgia, and jurisdiction over the state party in any matter concerning a qualified interest rate management agreement shall lie exclusively in the courts of the State of Georgia or in the applicable federal court having jurisdiction and located within the State of Georgia.
SECTION 3. Said title is further amended by striking paragraph (2) of subsection (g) of Code Section 50-17-22, relating to the Georgia State Financing and Investment Commission, and inserting in its place a new paragraph (2) to read as follows:
(2) The executive secretary shall prepare, under the direction and supervision of the commission, any budgets, requests, estimates, records, or other documents deemed necessary or efficient for compliance with Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' to provide for the payment of personnel services, operating expense, and administration and otherwise carry out this article, provided that it is expressly declared by the General Assembly that this subsection is only intended to provide that the. The commission shall may but need not receive an appropriation for

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personnel, and administrative services, and other operating expenses of the commission. The commission may but need not receive an appropriation for the costs of issuance, validation, and delivery of obligations to be incurred, including, but not limited to, trustees fees, paying agent fees, printing fees, bond counsel fees, district attorney fees, clerk of the superior court fees, architect fees, and engineering fees, which costs and fees are dependent on the principal amount of the obligations incurred and are determined to be appropriate costs of the project or projects for which such obligations are incurred and are authorized to be paid from bond proceeds. The commission may but need not receive an appropriation for expenditures made for fees and expenses incurred in safeguarding and protecting public health, life, and property in connection with projects for which general obligation debt has been incurred.

SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

On the adoption of the substitute, the yeas were 34, 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 N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers

Smith Starr Y Staton Y Stephens Y Stoner N Tate Y Thomas,D Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Walker Y Weber Y Whitehead

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Y Harbison Y Harp Y Heath N Henson

Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 47, nays 4.

SB 227, having received the requisite constitutional majority, was passed by substitute.

The following resolution was read and put upon its adoption:

HR 487. By Representatives Keen of the 179th and Porter of the 143rd:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, unless otherwise provided by subsequent resolution of the General Assembly, the meeting dates and dates of adjournment for the 2005 regular session of the General Assembly for the period of March 11, 2005, through March 21, 2005, shall be as follows:
Friday, March 11............................................in session for legislative day 30 Saturday, March 12 ........................................in session for legislative day 31 Sunday, March 13 ..........................................in adjournment Monday, March 14 .........................................in session for legislative day 32 Tuesday, March 15.........................................in session for legislative day 33 Wednesday, March 16....................................in adjournment Thursday, March 17 .......................................in session for legislative day 34 Friday, March 18............................................in adjournment Saturday, March 19 ........................................in adjournment Sunday, March 20 ..........................................in adjournment Monday, March 21 .........................................in session for legislative day 35
BE IT FURTHER RESOLVED that on and after March 21, 2005, the periods of adjournment of the 2005 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2005 regular session, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at the close of the legislative day on each Friday on which the General Assembly is in session and shall reconvene on the following Monday.

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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.
On the adoption of the resolution, the yeas were 39, nays 0, and the resolution was adopted.
Senator Staton of the 18th asked unanimous consent that Senator Douglas of the 17th be excused. The consent was granted, and Senator Douglas was excused.
The Calendar was resumed.
SB 230. By Senators Hamrick of the 30th, Grant of the 25th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide definitions; to require investigative consumer reporting agencies to give notice to consumers of certain security breaches; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate Agriculture and Consumer Affairs Committee offered the following substitute to SB 230:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide legislative findings; to provide definitions; to require investigative consumer reporting agencies to give notice to consumers of certain security breaches; 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 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding a new Article 34 to read as follows:
ARTICLE 34 10-1-910. The General Assembly finds and declares as follows:
(1) The privacy and financial security of individuals is increasingly at risk due to the ever more widespread collection of personal information by both the private and

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public sectors; (2) Credit card transactions, magazine subscriptions, telephone numbers, real estate records, automobile registrations, consumer surveys, warranty registrations, credit reports, and Internet websites are all sources of personal information and form the source material for identity thieves; (3) Identity theft is one of the fastest growing crimes committed in this state. Criminals who steal personal information such as social security numbers use the information to open credit card accounts, write bad checks, buy cars, and commit other financial crimes with other peoples identities; (4) Identity theft is costly to the marketplace and to consumers; and (5) Victims of identity theft must act quickly to minimize the damage; therefore, expeditious notification of possible misuse of a persons personal information is imperative.
10-1-911. As used in this article, the term:
(1) 'Breach of the security of the system' means unauthorized acquisition of a individuals file or computerized data that compromises the security, confidentiality, or integrity of personal information of such individual maintained by an investigative consumer reporting agency. Good faith acquisition of personal information by an employee or agent of an investigative consumer reporting agency for the purposes of the agency is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (2) 'File,' when used in connection with information on any individual, means all of the information on that individual recorded and retained by an investigative consumer reporting agency regardless of how the information is stored. (3) 'Investigative consumer reporting agency' means any person or entity who, for monetary fees or dues, engages in whole or in part in the practice of collecting, assembling, evaluating, compiling, reporting, transmitting, transferring, or communicating information concerning individuals for the purposes of furnishing investigative consumer reports to third parties, but does not include any governmental agency whose records are maintained primarily for traffic safety, law enforcement, or licensing purposes. (4) 'Notice' means:
(A) Written notice; (B) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code; or (C) Substitute notice, if the investigative consumer reporting agency demonstrates that the cost of providing notice would exceed $250,000.00, that the affected class of individuals to be notified exceeds 500,000, or that the investigative consumer reporting agency does not have sufficient contact information to provide written or electronic notice to such individuals. Substitute notice shall consist of all of the

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following: (i) E-mail notice, if the investigative consumer reporting agency has an e-mail address for the individuals to be notified; (ii) Conspicuous posting of the notice on the investigative consumer reporting agencys website page, if the agency maintains one; and (iii) Notification to major state-wide media.
Notwithstanding any provision of this paragraph to the contrary, an investigative consumer reporting agency that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this article shall be deemed to be in compliance with the notification requirements of this article if it notifies the individuals who are the subjects of the notice in accordance with its policies in the event of a breach of the security of the system. (5) 'Person' means any individual, partnership, corporation, limited liability company, trust, estate, cooperative, association, or other entity. The term 'person' as used in this article shall not be construed to require duplicative reporting by any individual, corporation, trust, estate, cooperative, association, or other entity involved in the same transaction. (6) 'Personal information' means an individuals first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted:
(A) Social security number; (B) Drivers license number of an individual or number of an individuals identification card issued pursuant to Article 5 of Chapter 5 of Title 40; or (C) Account number, credit card number, or debit card number, in combination with any required security code, access code, or password that would permit access to an individuals financial account. The term 'personal information' does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
10-1-912. (a) Any investigative consumer reporting agency that owns or licenses files or computerized data that includes personal information of individuals shall give notice of any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of this state whose unencrypted personal information or file was, or is reasonably believed to have been, acquired by an unauthorized person. The notice shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subsection (c) of this Code section, or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (b) Any investigative consumer reporting agency that maintains computerized data that includes personal information of individuals that the investigative consumer reporting

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agency does not own shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this Code section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this Code section shall be made after the law enforcement agency determines that it will not compromise the investigation. (d) The duty of an investigative consumer reporting agency to disclose a breach of the security of the system under this Code section shall apply to all such breaches occurring on and after the effective date of this article and any breaches that occurred within six
months immediately prior to the effective date of 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.

On the adoption of the substitute, the yeas were 33, nays 0, and the committee substitute was adopted.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle
Carter Y Chance Y Chapman E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer

Y Smith Starr
Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles

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Y Harp Y Heath Y Henson

Y Seabaugh Y Seay Y Shafer,D

Y Williams Y Zamarripa

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

SB 230, having received the requisite constitutional majority, was passed by substitute.

SB 253. By Senators Smith of the 52nd, Weber of the 40th, Carter of the 13th, Meyer von Bremen of the 12th and Hamrick of the 30th:

A BILL to be entitled an Act to amend Part 4 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to manufactured or mobile homes, so as to change certain provisions relating to requirements for Certificate of Permanent Location; to change certain provisions relating to recording documents in connection with a Certificate of Permanent Location; to provide alternative methods for obtaining a Certificate of Permanent Location; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Senate Judiciary Committee offered the following substitute to SB 253:

A BILL TO BE ENTITLED AN ACT

To amend Part 4 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to manufactured or mobile homes, so as to change certain provisions relating to requirements for a Certificate of Permanent Location; to change certain provisions relating to recording documents in connection with a Certificate of Permanent Location; to provide an alternative method of obtaining a Certificate of Permanent Location that does not involve a certificate of title; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 4 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to manufactured or mobile homes, is amended by striking Part 4 and inserting in lieu thereof the following:

8-2-180.

Part 4 Subpart 1

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As used in this part, the term: (1) 'Clerk of superior court' means the clerk of the superior court of the county in which the property to which the home is or is to be affixed is located. (2) 'Commissioner of motor vehicle safety' includes any county tax commissioner when so authorized by the commissioner of motor vehicle safety to act on his or her behalf in carrying out the responsibilities of this part. (3) 'Home' means a manufactured home or mobile home. (4) 'Manufactured home' has the meaning specified in paragraph (4) of Code Section 8-2-160. (5) 'Mobile home' has the meaning specified in paragraph (6) of Code Section 8-2160.
8-2-181. (a) Except as provided in Subpart 1A of this part, a A manufactured home or mobile home shall constitute personal property and shall be subject to the 'Motor Vehicle Certificate of Title Act,' Chapter 3 of Title 40, until such time as the home is converted to real property as provided for in this part or as provided in Subpart 1A of this part. (b) A manufactured home or mobile home shall become real property if:
(1) The home is or is to be permanently affixed on real property and one or more persons with an ownership interest in the home also has an ownership interest in such real property; and (2) The owner of the home and the holders of all security interests therein execute and file a Certificate of Permanent Location:
(A) In the real estate records of the county where the real property is located; and (B) With the commissioner of motor vehicle safety. (c) The Certificate of Permanent Location shall be in a form prescribed by the commissioner of motor vehicle safety and shall include: (1) The name and address of the owner of the home; (2) The names and addresses of the holders of any security interest in and of any lien upon the home; (3) The title number assigned to the home; (4) A description of the real estate on which the home is or is to be located, including the name of the owner and a reference by deed book and page number to the chain of title of such real property; and (5) Any other data the commissioner of motor vehicle safety prescribes.
8-2-182. (a) When a Certificate of Permanent Location is properly filed with the clerk of superior court, the clerk shall record such certificate in the same manner as other instruments affecting the real property described in the certificate Certificate of Permanent Location and shall charge and collect the fees usually charged for recording deeds and other instruments relating to real estate. Such certificate shall be indexed under the name of the current owner of the real property in both the grantor and grantee

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indexes. The clerk shall provide the owner with a certified copy of the certificate Certificate of Permanent Location, reflecting its filing, and shall charge and collect the fees usually charged for the provision of certified copies of documents relating to real estate. (b) Upon receipt of a certified copy of a properly executed Certificate of Permanent Location, along with the certificate of title, the commissioner of motor vehicle safety shall file and retain a copy of such certificate Certificate of Permanent Location together with all other prior title records related to the home. When a properly executed certificate Certificate of Permanent Location has once been filed, the commissioner of motor vehicle safety shall accept no further title filings with respect to that home, except as may be necessary to correct any errors in the departments records and except as provided in Subparts 2 and 3 of this part. (c) When a Certificate of Permanent Location is so filed, the commissioner of motor vehicle safety shall issue to the clerk of the superior court with whom the original Certificate of Permanent Location was filed confirmation by the commissioner of motor vehicle safety that the certificate Certificate of Permanent Location has been so filed and the certificate of title has been surrendered. (d) Upon receipt of confirmation of the filing of the Certificate of Permanent Location from the commissioner of motor vehicle safety, the clerk of superior court shall provide a copy of the Certificate of Permanent Location to the appropriate board of tax assessors or such other local official as is responsible for the valuation of real property.
8-2-183. (a) When a Certificate of Permanent Location has been properly filed with the clerk of superior court, a certified copy thereof of the Certificate of Permanent Location is properly filed with the commissioner of motor vehicle safety, and the certificate of title is surrendered, the home shall become for all legal purposes a part of the real property on which it is located. Without limiting the generality of the foregoing, the home shall be subject to transfer by the owner of the real property, subject to any security interest in the real property and subject to foreclosure of any such interest, in the same manner as and together with the underlying real property. (b) When a home has become a part of the real property as provided in this part, it shall be unlawful for any person to remove such home from the real property except with the written consent of the owner of the real property and the holders of all security interests in the real property and in strict compliance with the requirements of Subpart 2 of this part. Any person who violates this subsection shall be guilty of a misdemeanor of a high and aggravated nature.
Subpart 1A
8-2-183.1. (a) A manufactured home which has not been issued a certificate of title from the commissioner of motor vehicle safety and which is sold on or after July 1, 2005, shall

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become real property if: (1) The home is or is to be permanently affixed on real property and one or more persons with an ownership interest in the home also has an ownership interest in such real property; and (2) The owner of the home and the holders of all security interests therein execute and file a Certificate of Permanent Location in the real estate records of the county where the real property is located.
(b) The Certificate of Permanent Location shall be in a form prescribed by the commissioner of motor vehicle safety and shall include:
(1) The name and address of the owner of the home; (2) The names and addresses of the holders of any security interest in and of any lien upon the home; (3) As an attachment, the manufacturers original certificate of origin; and (4) A description of the real estate on which the home is or is to be located, including the name of the owner and a reference by deed book and page number to the chain of title of such real property. (c) A Certificate of Permanent Location shall be filed with the clerk of superior court, and the clerk shall record such certificate in the same manner as other instruments affecting the real property described in the Certificate of Permanent Location and shall charge and collect the fees usually charged for recording deeds and other instruments relating to real estate. Such certificate shall be indexed under the name of the current owner of the real property in both the grantor and grantee indexes. (d) When a Certificate of Permanent Location is properly filed with the clerk of superior court, the home shall become for all legal purposes a part of the real property on which it is located. Without limiting the generality of the foregoing, the home shall be subject to transfer by the owner of the real property, subject to any security interest in the real property and subject to foreclosure of any such interest, in the same manner as and together with the underlying real property. (e) When a properly executed Certificate of Permanent Location has once been filed, the commissioner of motor vehicle safety shall accept no further title filings with respect to that home, except as may be necessary to correct any errors in the departments records and except as provided in Subparts 2 and 3 of this part. (f) Upon recording the Certificate of Permanent Location, the clerk of superior court shall provide a copy of the Certificate of Permanent Location to the appropriate board of tax assessors or such other local official as is responsible for the valuation of real property. (g) When a home has become a part of the real property as provided in this part, it shall be unlawful for any person to remove such home from the real property except with the written consent of the owner of the real property and the holders of all security interests in the real property and in strict compliance with the requirements of Subpart 2 of this part. Any person who violates this subsection shall be guilty of a misdemeanor of a high and aggravated nature.
Subpart 2

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8-2-184. (a) A home which has previously become real property shall become personal property if:
(1) The manufactured home or mobile home is or is to be removed from the real property with the written consent of the owner of the real property and the holders of all security interests therein; and (2) The owner of the real property and the holders of all security interests therein execute and file a Certificate of Removal from Permanent Location:
(A) With the commissioner of motor vehicle safety; and (B) In the real estate records of the county where the real property is located. (b) The Certificate of Removal from Permanent Location shall be in a form prescribed by the commissioner of motor vehicle safety and shall include: (1) The name and address of the owner; (2) The names and addresses of the holders of any security interest and of any lien; (3) The title number formerly assigned to the home, if applicable; (4) A description of the real estate on which the home was previously located, including the name of the owner and a reference by deed book and page number to the recording of the former certificate of permanent location Certificate of Permanent Location; and (5) Any other data the commissioner of motor vehicle safety prescribes.
8-2-185. (a) Upon receipt of a properly executed Certificate of Removal from Permanent Location, the commissioner of motor vehicle safety shall file and retain a copy of such certificate together with all other prior title records related to the home and may thereafter issue a new certificate of title for the home. The commissioner of motor vehicle safety shall charge and collect the fee otherwise prescribed by law for the issuance of a certificate of title. (b) When a Certificate of Removal from Permanent Location is so filed, the commissioner of motor vehicle safety shall return to the filing party the original of the certificate Certificate of Removal from Permanent Location containing thereon confirmation by the commissioner of motor vehicle safety that the certificate Certificate of Removal from Permanent Location has been so filed.
8-2-186. (a) The clerk of superior court shall not accept a Certificate of Removal from Permanent Location for filing unless the certificate Certificate of Removal from Permanent Location contains thereon the confirmation by the commissioner of motor vehicle safety that the certificate Certificate of Removal from Permanent Location has been filed with the commissioner of motor vehicle safety. (b) When a Certificate of Removal from Permanent Location is properly filed with the clerk of superior court, the clerk shall record such certificate in the same manner as

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other instruments affecting the real property described in the certificate Certificate of Removal from Permanent Location and shall charge and collect the fees usually charged for recording deeds and other instruments relating to real estate. Such certificate shall be indexed under the name of the current owner of the real property in both the grantor and grantee indexes.
Subpart 3
8-2-187. (a) When a home which has previously become real property has been or is to be destroyed, the owner of the real property and the holders of all security interests therein shall execute and file a Certificate of Destruction:
(1) With the commissioner of motor vehicle safety; and (2) In the real estate records of the county where the real property is located. (b) The Certificate of Destruction shall be in a form prescribed by the commissioner of motor vehicle safety and shall include: (1) The name and address of the owner; (2) The names and addresses of the holders of any security interest and of any lien; (3) The title number formerly assigned to the home, if applicable; (4) A description of the real estate on which the home was previously located, including the name of the owner and a reference by deed book and page number to the recording of the former certificate of permanent location Certificate of Permanent Location; (5) Verification of the destruction by a law enforcement officer; and (6) Any other data the commissioner of motor vehicle safety prescribes.
8-2-188. (a) Upon receipt of a properly executed Certificate of Destruction, the commissioner of motor vehicle safety shall file and retain a copy of such certificate together with all other prior title records related to the home. (b) When a Certificate of Destruction is so filed, the commissioner of motor vehicle safety shall issue to the filing party the original of the certificate Certificate of Destruction containing thereon confirmation by the commissioner of motor vehicle safety that the certificate Certificate of Destruction has been so filed.
8-2-189. (a) The clerk of superior court shall not accept a Certificate of Destruction for filing unless the certificate Certificate of Destruction contains thereon the confirmation by the commissioner of motor vehicle safety that the certificate Certificate of Destruction has been filed with the commissioner of motor vehicle safety. (b) When a Certificate of Destruction is properly filed with the clerk of superior court, the clerk shall record such certificate in the same manner as other instruments affecting the real property described in the certificate Certificate of Destruction and shall charge

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and collect the fees usually charged for recording deeds and other instruments relating to real estate. Such certificate shall be indexed under the name of the current owner of the real property in both the grantor and grantee indexes.

Subpart 4

8-2-190. A manufactured or mobile home which constitutes real property shall not be subject to Article 10 of Chapter 5 of Title 48 but shall instead be taxed as real property and a part of the underlying real estate.

8-2-191. The commissioner of motor vehicle safety shall charge a fee of $18.00 for any filing under this part.

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

On the adoption of the substitute, the yeas were 34, 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 Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman E Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh

Y Smith Starr
Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams

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Y Heath Y Henson

Y Seay Y Shafer,D

Y Zamarripa

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

SB 253, having received the requisite constitutional majority, was passed by substitute.

SB 254. By Senators Hill of the 4th, Williams of the 19th and Johnson of the 1st:

A BILL to be entitled an Act to amend Title 2 of the O.C.G.A., relating to agriculture; Title 8 of the O.C.G.A., relating to buildings; Title 15 of the O.C.G.A., relating to courts; Title 17 of the O.C.G.A., relating to criminal procedure; Title 20 of the O.C.G.A., relating to education; Title 26 of the O.C.G.A., relating to food, drugs, and cosmetics; Title 28 of the O.C.G.A., relating to the General Assembly; Title 35 of the O.C.G.A., relating to law enforcement; Title 40 of the O.C.G.A., relating to motor vehicles; Title 43 of the O.C.G.A., relating to professions; Title 45 of the O.C.G.A., relating to public officers; Title 49 of the O.C.G.A., relating to social services; and Title 50 of the O.C.G.A., relating to state government; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senator Hill of the 4th offered the following amendment:

Amend SB 254 by striking line 23 of page 25 through line 9 of page 26. By redesignating Sections 51 through 55 as Sections 50 through 54, respectively.

On the adoption of the amendment, the yeas were 28, nays 9, and the Hill of the 4th 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:

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles

Y Smith Starr
Y Staton Y Stephens N Stoner N Tate Y Thomas,D N Thomas,R N Thompson,C

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Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp
Heath N Henson

Y Moody Y Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

N Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 33, nays 20.

SB 254, having received the requisite constitutional majority, was passed as amended.

Senator Kemp of the 46th 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 Hill of the 4th be excused. The consent was granted, and Senator Hill was excused.

Senator Kemp of the 46th asked unanimous consent that Senator Stephens of the 27th be excused. The consent was granted, and Senator Stephens was excused.

SB 273. By Senators Goggans of the 7th, Seabaugh of the 28th, Williams of the 19th, Staton of the 18th, Whitehead, Sr. of the 24th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers licenses, so as to change the definition of a Class C license for commercial and noncommercial drivers licenses; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Balfour
Y Brown Y Bulloch

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens

Y Smith Starr
Y Staton E Stephens

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Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

E Johnson Y Jones
Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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

SB 273, having received the requisite constitutional majority, was passed.

SB 98. By Senators Hudgens of the 47th, Cagle of the 49th, Johnson of the 1st, Kemp of the 46th and Douglas of the 17th:

A BILL to be entitled an Act to amend Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to per diem and expenses of local boards of education, so as to authorize the expenditure of funds for life, disability, and liability insurance, retirement and pension coverage, social security coverage, and similar benefits for members of such local boards of education; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen

Y Smith Starr
Y Staton E Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R

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Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 47, nays 1.

SB 98, having received the requisite constitutional majority, was passed.

Senator Thompson of the 33rd asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr was excused.

Senator Kemp of the 46th asked unanimous consent that Senator Tolleson of the 20th be excused. The consent was granted, and Senator Tolleson was excused.

SB 231. By Senators Whitehead, Sr. of the 24th, Williams of the 19th and Goggans of the 7th:

A BILL to be entitled an Act to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation's power to contract, so as to revise the criteria for design-build contracts entered into by the department; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Senate Transportation Committee offered the following amendment:

Amend SB 231 by striking ", most" and inserting ", most" on line 4 on page 2.

On the adoption of the amendment, the yeas were 33, nays 6, 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:

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N Adelman Balfour
N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath N Henson

E Hill,Jack Y Hill,Judson
Hooks Y Hudgens Y Johnson N Jones Y Kemp Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson
Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton E Stephens Y Stoner N Tate Y Thomas,D Y Thomas,R N Thompson,C Y Thompson,S E Tolleson Y Unterman
Walker Y Weber
Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 38, nays 9.

SB 231, having received the requisite constitutional majority, was passed as amended.

Senator Seabaugh of the 28th asked unanimous consent to drop SB 274 to the foot of today's Senate Rules Calendar.

The consent was granted and SB 274 was placed at the foot of the Rules Calendar.

SB 270. By Senators Williams of the 19th, Whitehead, Sr. of the 24th and Kemp of the 46th:
A BILL to be entitled an Act to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the general contracting powers of the Department of Transportation, so as to permit the acceptance of solicited as well as unsolicited proposals for public-private initiatives; to allow for the disclosure of nonproprietary matters from the unsolicited and solicited proposals in order to encourage competition; to provide for a payment and performance bond sufficient to protect the interest of the public; to extend the time for submission of competing proposals; to amend Part 1 of Article 1 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to

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the Georgia Highway Authority generally, to provide for additional definitions and powers of the authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate Transportation Committee offered the following substitute to SB 270:
A BILL TO BE ENTITLED AN ACT
To amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the general contracting powers of the Department of Transportation, so as to permit the acceptance of solicited as well as unsolicited proposals for public-private initiatives; to allow for the disclosure of nonproprietary matters from the unsolicited and solicited proposals in order to encourage competition; to provide for a payment and performance bond sufficient to protect the interest of the public; to extend the time for submission of competing proposals; to amend Part 1 of Article 1 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the Georgia Highway Authority generally, to provide for additional definitions and powers of the authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the general contracting powers of the Department of Transportation, is amended by striking Code Section 32-2-78, relating to the definitions governing public-private initiatives, and inserting in its place the following:
32-2-78. As used in this chapter, the term:
(1) 'Department' means the Georgia Department of Transportation. (2) 'Evaluation Committee' means the one or more committees established for the purpose of evaluating and making a recommendation with respect to unsolicited proposals, solicited proposals, competing proposals, or comparable proposals as set forth in this chapter. The Evaluation Committee shall consist of a designee of the Governor, a designee with a background in finance to be named by the Governor, the commissioner of the Department of Transportation, the director of the State Road and Tollway Authority, and the director of the Georgia Regional Transportation Authority. The Evaluation Committee shall employ such experts as needed in the performance of its duties and charge the expenses incurred by it to such funds made available to the department for such purposes. (3) 'Letter of intent to negotiate' means the written statement of mutual intent by the department and the proposer for a public-private initiative to develop and implement a

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course of negotiation, within a substantive framework, which if successfully completed could lead to a binding contractual agreement to accomplish a proposed transportation system project. (2)(4) 'Private contribution' means resources supplied by a private entity to accomplish all or any part of the work on a transportation system project, including funds, financing, income, revenue, cost sharing, technology, staff, materials, equipment, expertise, data, or engineering, construction, or maintenance services, or other items of value. To the extent that this definition may conflict with any federal law or regulation, for any project utilizing federal funds, the federal definition shall supersede this subsection paragraph. (3)(5) 'Public-private initiative' means a nontraditional arrangement between the department and one or more private or public entities that provides for:
(A) Acceptance of a private contribution to a transportation system project or service in exchange for a public benefit concerning that project or service; (B) Sharing of resources and the means of providing transportation system projects or services; or (C) Cooperation in researching, developing, and implementing transportation system projects or services. (6) 'Solicited proposal' means a written proposal for a public-private initiative that is submitted by a private entity for the purpose of entering into an agreement with the department concerning a transportation system project in response to a formal solicitation or notification issued by the department. A solicited proposal may be made as a competing proposal or comparable proposal to an unsolicited proposal. (4)(7) 'Transportation system' means the state transportation infrastructure and related systems, including highways, roadways and associated rights of way, bridges, tunnels, overpasses, ferries, airports, port facilities, vehicle parking facilities, park-and-ride lots, transit systems, transportation management systems, intelligent vehicle highway systems, or similar facilities used for the transportation of persons or goods, together with any other property, buildings, structures, parking areas, appurtenances, and facilities needed to operate such system, including any major transportation facility as defined by paragraph (3) of subsection (a) of Code Section 32-2-3, and any other facility for other transportation purposes as defined by paragraph (18) of Code Section 32-1-3. (5)(8) 'Unsolicited proposal' means a written proposal for a public-private initiative that is submitted by a private entity for the purpose of entering into an agreement with the department concerning a transportation system project but that is not in response to a formal solicitation or request issued by the department.
SECTION 2. Said article is further amended by striking Code Section 32-2-79, relating to requirements for unsolicited proposals for public-private initiatives, and inserting in its place the following:
32-2-79.

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(a) The department may solicit upon prior notice to the Governor, receive, consider, evaluate, and accept an unsolicited or solicited proposal for a public-private initiative only if the proposal complies with all of the requirements of this Code section. (b) The department may consider an unsolicited proposal only if the proposal:
(1) Is unique and innovative in comparison with and is not substantially similar to other transportation system projects already in the state transportation improvement program within the department or, if it is similar to a project in the state transportation improvement program, that such project has not been fully funded by the department or any other entity as of the date the proposal is submitted. Unique or innovative features which may be considered by the department in evaluating such a proposal may include but not be limited to unique or innovative financing, construction, design, or other components as compared with other projects or as otherwise defined by department rules or regulations; (2) Is independently originated and developed by the proposer; and (3) Includes or is accompanied by:
(A) Such detail and information as the department may require by rule or regulation to assist in its evaluation of the proposal and to determine if the proposal benefits the public. Such information shall include a list of any proprietary information included in the proposal which the proposer considers protected trade secrets or other information exempted from disclosure under Code Section 50-18-70, et seq., except that the information shall also include an executive summary which at a minimum shall summarize the proposed transportation facility or facilities, identify their proposed location, and provide any other additional information that may be required by the rules and regulations of the department. Such executive summary shall be subject to immediate disclosure to other interested competing proposers and the public; (B) An and an itemized, auditable listing of the costs associated with the development of the proposal; and (B)(C) Such fees as may be required by the rules and regulations of the department for submission of such proposals. (c) Paragraph (1) of subsection (b) of this Code section shall not be deemed to prohibit the department from encouraging the submission of unsolicited or solicited proposals that are well-developed and consistent with the departments general policy priorities by providing written or oral information to any person regarding the policy priorities or the requirements and procedures for submitting an unsolicited or solicited proposal. (d) If the unsolicited proposal does not comply with the requirements of subsection (b) of this Code section, the department shall return the proposal without further action. In taking such action, the department shall not disclose either the originality of the research or any proprietary information associated with the proposal to any other person or entity. If the unsolicited proposal complies with all the requirements of subsection (b) of this Code section, the department may further evaluate the proposal pursuant to this Code section. (e) Within 30 days of receipt of an unsolicited proposal that meets the requirements of

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subsection (b) of this Code section, the department shall provide public notice of the proposed project. This notice shall:
(1) Be published in a newspaper of general circulation which is a legal organ and upon such electronic website providing for general public access as the department may develop for such purpose or in the same manner as publications providing notice as described in Code Section 32-2-65; (2) Be provided to any person or entity that expresses in writing to the department an interest in the subject matter of the proposal and to any member of the General Assembly whose House or Senate district would be affected by such proposal; (3) Outline the general nature and scope of the unsolicited proposal, including the location of the transportation system project and the work to be performed on the project; and (4) Specify the address to which any comparable proposal must be submitted. (f) Any person or entity who elects to submit a competing proposal for the proposed qualifying project to the department shall submit a written letter of intent to do so by no later than 30 45 days after the departments initial publication of the notice accompanied by any fee that the department shall prescribe by guideline, rule, or regulation. Any letter of intent received by the department after the expiration of the 30 45 day period or without any fee required by the department shall not be valid, and any competing proposal submitted thereafter by a person or entity who has not submitted a timely letter of intent shall not be considered by the department and shall be returned to the person or entity who did not submit a letter of intent by the deadline. For those persons or entities who elect to submit a competing proposal and submit a timely letter of intent with the department, any such competing proposal shall be submitted to the department by no later than 90 135 days after the departments initial publication of the notice required by this Code section. Only those competing, compliant proposals submitted by such deadline shall be considered by the department. (g) Upon receipt of a proposal properly submitted in response to the notice described in subsection (e) of this Code section which fully meets the requirements of subsection (b) of this Code section, the department shall: (1) Determine, in its discretion, if any submitted proposal is comparable in nature and scope to the unsolicited original proposal and whether it warrants further evaluation; (2) Evaluate the original proposal and any comparable proposal and make a recommendation to the Evaluation Committee to move forward with a letter of intent to negotiate; and (3) Conduct good faith discussions and, if necessary, negotiation negotiations concerning each comparable qualified proposal. (h) The department shall base its evaluation of the unsolicited original proposal or comparable proposals on the following factors: (1) Unique and innovative methods, approaches, or concepts demonstrated by the proposal; (2) Scientific, technical, or socioeconomic merits of the proposal; (3) Potential contribution of the proposal to the departments mission;

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(4) Capabilities, related experience, facilities, or techniques of the proposer as described in the proposal or unique combinations of these qualities that are integral factors for achieving the proposal objectives; (5) Qualifications, capabilities, and experience of the proposed principal investigator, team leader, or key personnel who are critical in achieving the proposal objectives; and (6) Any other factors appropriate to a particular proposal. (i) Once the department has concluded its evaluation of the unsolicited proposal and any comparable proposals or a solicited proposal where applicable, the department shall transmit its findings and research to the Evaluation Committee for further review. Once the Evaluation Committee has concluded its review and makes its recommendation to the department, the department may execute a commitment agreement letter of intent to negotiate with the entity submitting the most desirable proposal as determined by the departments evaluation process. At least two weeks prior to approval of any project, the department shall present to the Governor and the House and Senate transportation committees a report with respect to the proposed commitment agreement letter of intent to negotiate. Such commitment agreement letter of intent to negotiate shall indicate the departments commitment willingness to undertake a public-private initiative to execute the proposal if, after public comment: (1) The department determines that the project is financially feasible and in the public interest; and (2) The department and the proposer can arrive at agreeable terms and conditions, including price of the project. (j) The department may execute a commitment agreement letter of intent to negotiate relating to an unsolicited proposal or conforming comparable proposal or a solicited proposal only if: (1) The proposal receives a favorable evaluation by the department and the Evaluation Committee; (2) The department makes a written determination based on facts and circumstances that the proposal is an acceptable basis for an agreement to obtain services from the entity making the proposal; and (3) The specific commitment agreement letter of intent to negotiate is specifically approved by affirmative vote of the State Transportation Board. (k) Once the commitment agreement letter of intent to negotiate is signed by the parties, prior to final contracting for any public-private initiative from the unsolicited or conforming comparable proposal or a solicited proposal, the department: (1) Should provide public notice that the department will receive public comment with respect to such proposal. The notice shall:
(A) Be published in a newspaper of general circulation and which is a legal organ, and upon such electronic website providing for general public access as the department may develop for such specific purpose, or in the same manner as publications providing notice as described in Code Section 32-2-65, or both, allowing at least 14 days and no more than 45 days for public comment to be

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submitted for consideration; (B) Be provided to any person or entity that expresses in writing to the department an interest in the subject matter of the proposal; (C) Outline the general nature and scope of the proposal, including the location of the transportation system project and the work to be performed on the project; and (D) Specify the address to which any public comment or requests for an executive summary must be submitted; and (2) In its discretion, may provide additional opportunity for public comment at a public meeting or meetings. In such event, notice of such meetings shall be provided in the same manner as described in paragraph (1) of this subsection. (l) In taking the actions required by subsections (e) and (k) of this Code section, the department shall not disclose either the originality of the research or any proprietary information associated with the proposal as listed by the proposer required by paragraph (3) of subsection (b) of this Code section. (m) Except as provided under subparagraph (b)(3)(A) of this Code section, the The provisions of Code Section Sections 50-14-1 and 50-18-70 to the contrary notwithstanding, no proposal shall become a 'public record' nor be subject to disclosure as such until such time as a commitment agreement has been signed and notice of solicitation of public comment has been published as required in subsection (k) of this Code section the unsolicited proposal, any comparable proposals, or any solicited proposals have been received and any competitive interviews specified in the solicitation process have been completed. At all times thereafter, the department shall not disclose trade secret or proprietary information, or both, specifically designated by the proposer as required by paragraph (3) of subsection (b) of this Code section which meets the definition of a trade secret under Code Section 50-18-70, et seq. Subject to the foregoing, all proposals submitted to the department shall become the property of the department and are subject to the Georgia Open Records Act. Proposers should familiarize themselves with the provisions of the Act to ensure that all documents identified as confidential will not be subject to disclosure under the Open Records Act; provided, however, that the department in consultation with the Department of Law shall make the final determination of whether or not the requested materials are exempt from disclosure. In the event that the department elects to disclose the requested material, it shall attempt to provide the proposer advance notice of its intent to disclose. (n) The power of eminent domain shall not be delegated to any private entity under any public-private initiative commenced or proposed pursuant to this chapter. (o) The department or the departments designee has the authority to make the determination and take the actions required by this Code section. (p) If the department rejects or declines to accept an unsolicited proposal, but, within a period of two years following the submission of such proposal the department contracts for a substantially similar project, the department shall reimburse the proposer of the unsolicited proposal for the auditable costs associated with the preparation and development of the proposal upon a request for reimbursement to the department. This provision shall not apply if the department accepts a conforming comparable proposal

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through the procedures outlined in subsections (f) and (g) of this Code section.
SECTION 3. Said article is further amended by striking Code Section 32-2-80, relating to authority to contract with proposer for public-private initiative, and inserting in its place the following:
32-2-80. (a) If the department follows the evaluation criteria set forth in Code Section 32-2-79 and if an unsolicited or solicited proposal contains all the information required by that Code section and the proposal is accepted by the department as demonstrated by the execution of a commitment agreement letter of intent to negotiate, upon completion of the public comment period, the department shall have the authority to contract with the proposer for a public-private initiative based upon the proposal without subjecting such contract to public bid as required by Code Section 32-2-64, 32-10-68, or 50-5-72. For all such public-private initiatives, 100 percent payment and performance bonds shall be required, sufficient to protect the interest of the state and the department in the construction or implementation of the public-private initiative. Such contracts shall be in compliance with all other applicable federal and state laws and each specific contract shall be specifically approved by affirmative vote of the State Transportation Board and concurrence by the Governor. (b) Any agreement entered into pursuant to this article may authorize funding to include tolls, fares, or other user fees and tax increments for use of the transportation facility that is the subject of the proposal. The department may take any action to obtain federal, state, or local assistance for a qualifying project that serves the public purpose of this chapter and may enter into any contracts required to receive such assistance. Any funds received from the state or federal government or any agency or instrumentality thereof shall be subject to appropriation as provided by the Constitution and laws of this state. The department may determine that it serves the public purpose of this chapter for all or any portion of the costs of a qualifying project to be paid, directly or indirectly, from the proceeds of a grant or loan made by the federal, state, or local government or any instrumentality thereof, including, but not limited to, the State Road and Tollway Authority and the Georgia Highway Authority. The department may agree to make grants or loans to the operator from time to time from amounts received from the federal, state, or local government or any agency or instrumentality, including, but not limited to, the State Road and Tollway Authority and the Georgia Highway Authority. (c) The department, in its sole discretion, may reject any unsolicited or solicited proposal at any time until a contract is signed with the entity submitting the proposal. In the event that a an unsolicited proposal is rejected but the department subsequently proceeds with all or part of such proposal within a period of two years, the entity submitting the proposal shall be entitled to reimbursement of the costs of developing the unsolicited proposal as indicated in subsection (p) of Code Section 32-2-79; provided, however, that the department shall not be responsible for reimbursement of

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the costs of developing a solicited proposal.
SECTION 4. Part 1 of Article 1 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the Georgia Highway Authority generally, is amended by striking paragraph (10) of Code Section 32-10-1, relating to the definitions governing the Georgia Highway Authority, and inserting in its place the following:
(10) 'Project' means: (A) A continuous length or stretch of state road, including bridges thereon, as to which the authority has undertaken or agreed to undertake any action permitted by the terms of this article or as to which any such action has been completed by the authority; (B) A continuous length or stretch of county road, including bridges thereon, as to which the authority has undertaken or agreed to undertake any action permitted by the terms of this article or as to which any such action has been completed by the authority; (C) A continuous length or stretch of urban road, including bridges thereon, as to which the authority has undertaken or agreed to undertake any action permitted by the terms of this article or as to which any such action has been completed by the authority; and (D) One or more bridges, as defined in paragraph (5) of this Code section, together with the approaches thereto, as defined in paragraph (1) of this Code section; and (E) A project undertaken pursuant to a public-private initiative as authorized pursuant to Code Section 32-2-78.
SECTION 5. Said part is further amended by striking paragraphs (10) and (11) of Code Section 32-104, relating to powers of the Georgia Highway Authority generally, and inserting in their place the following:
(10) To do and perform all things necessary or convenient to carry out the powers conferred upon the authority by this article; and (11) To prescribe rules and regulations as approved by the department for the operation of each project constructed under this article, including rules and regulations to ensure maximum use of each such project; and (12) To incorporate one or more nonprofit corporations as subsidiary corporations of the authority for the purpose of carrying out any of the powers of the authority and to accomplish any of the purposes of the authority. Any such subsidiary corporation shall be a nonprofit corporation, a body corporate and politic, and an instrumentality and public corporation of the state and shall exercise essential governmental functions. Any subsidiary corporations created pursuant to this power shall be created pursuant to Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and shall be filed with the Secretary of State, who shall be authorized to accept such filings.

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The commissioner and two individuals appointed by the members of the authority shall constitute the members of and shall serve as directors of any subsidiary corporation, and such appointment shall not constitute a conflict of interest, provided that the provisions of subsection (a) of Code Section 45-10-23 or any other law shall not prevent full-time employees of the authority or the Department of Transportation from serving as members of the governing board of such subsidiary corporation. Upon dissolution of any subsidiary corporation of the authority, any assets shall revert to the authority or to any successor to the authority or, failing such succession, to the state, provided that any toll collection or other tollway operations remain under the authority of the State Road and Tollway Authority. The authority shall not be liable for the debts, obligations, or bonds of any subsidiary corporation or for the actions or omissions to act of any subsidiary corporation unless the authority in writing
expressly so consents.

SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 29, nays 0, and the committee substitute was adopted.

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

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

Y Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant

E Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed

Y Smith E Starr Y Staton Y Stephens Y Stoner N Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman
Walker Y Weber

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Y Hamrick Y Harbison
Harp Y Heath N Henson

Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 44, nays 7.

SB 270, having received the requisite constitutional majority, was passed by substitute.

SB 44. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend Code Section 42-2-11 of the Official Code of Georgia Annotated, relating to powers and duties of the Board of Corrections, so as to authorize the board to enter into contracts for the operation of private probation detention and diversion centers; to provide for rules and regulations for the operation of such centers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp
Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell N Reed Y Rogers Y Schaefer

Y Smith E Starr Y Staton Y Stephens Y Stoner N Tate Y Thomas,D N Thomas,R Y Thompson,C N Thompson,S Y Tolleson
Unterman Walker Y Weber Y Whitehead Y Wiles

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Harp Y Heath N Henson

Y Seabaugh N Seay Y Shafer,D

Y Williams N Zamarripa

On the passage of the bill, the yeas were 39, nays 12.

SB 44, having received the requisite constitutional majority, was passed.

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

HB 499. By Representatives Franklin of the 43rd, Keen of the 179th and Burkhalter of the 50th:

A BILL to be entitled an Act to amend Chapter 1 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections, so as to provide for the composition and number of congressional districts; to provide for election of members of Congress; to provide when such members shall take office; to provide for continuation of present congressional districts until a certain time; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Reapportionment and Redistricting Committee.

Senator Stephens of the 27th moved that the Senate adjourn until 10:00 a.m. Friday, March 11, 2005.

The motion prevailed, and the President announced the Senate adjourned at 3:52 p.m.

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Senate Chamber, Atlanta, Georgia Friday, March 11, 2005
Thirtieth Legislative Day

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

Senator Mullis of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

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

Mr. President:

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

HB 5.

By Representatives Borders of the 175th, Williams of the 4th, Fludd of the 66th, Brown of the 69th, Black of the 174th and others:

A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain school supplies, clothing, footwear, computers, and computer related accessories for a limited period of time; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 17.

By Representatives Hill of the 21st, Murphy of the 23rd, Scheid of the 22nd and Byrd of the 20th:
A BILL to be entitled an Act to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, so as to authorize the Georgia Board of Private Detective and Security Agencies to establish requirements of continuing education as a condition of license renewal; to provide for conditions, limitations, and waiver; to repeal conflicting laws; and for other purposes.

HB 36. HB 37. HB 81.

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By Representatives Willard of the 49th, Geisinger of the 48th and Wilkinson of the 52nd:
A BILL to be entitled an Act to revise provisions of law relating to creation of new municipal corporations; to amend Chapter 31 of Title 36 of the O.C.G.A., relating to incorporation of municipal corporations, so as to eliminate certain minimum distance requirements; to provide that new municipal corporations shall have a minimum amount of time to arrange for service delivery; to provide that the Attorney General shall seek federal Voting Rights Act preclearances required in connection with new incorporations; to provide for the authorization and regulation of alcoholic beverage sales in new municipalities under certain circumstances; to amend Code Section 48-8-89.1 of the O.C.G.A., relating to distribution of joint county and municipal local option sales tax with respect to new qualified municipalities; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
By Representatives Wilkinson of the 52nd, Willard of the 49th, Geisinger of the 48th and Lindsey of the 54th:
A BILL to be entitled an Act to incorporate the City of Sandy Springs in Fulton County; to provide for a charter for the City of Sandy Springs; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures: to provide for ordinances; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to repeal conflicting laws; and for other purposes.
By Representatives Day of the 163rd, Stephens of the 164th, Bryant of the 160th, Jackson of the 161st and Scott of the 2nd:
A BILL to be entitled an Act to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem tax exemptions, so as to provide that, with respect to all homestead exemptions, the unremarried surviving spouse of a deceased spouse who

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has been granted a homestead exemption shall continue to receive that exemption so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

HB 149.

By Representatives Franklin of the 43rd, Scott of the 2nd, Jacobs of the 80th, Benfield of the 85th, Willard of the 49th and others:
A BILL to be entitled an Act to amend Code Section 18-4-22 of the Official Code of Georgia Annotated, relating to the exemption of certain pension or retirement funds or benefits from garnishment until certain payment or transfer thereof, so as to provide for such an exemption with respect to additional individual retirement account funds or benefits; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 221.

By Representatives Burmeister of the 119th, Watson of the 91st, Mosby of the 90th, Morgan of the 39th, Ehrhart of the 36th and others:
A BILL to be entitled an Act to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change certain provisions relating to the calculation of child support; to provide guidelines for determining amount of child support to be paid; to provide for factors for apportioning child support obligations; to provide a schedule of basic child support obligation amounts; to change the form of the final judgment in divorce actions to conform such changes in the determination and computation of child support; to remove a certain limitation on petitions to modify alimony and child support; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 307.

By Representatives Rogers of the 26th and Ralston of the 7th:
A BILL to be entitled an Act to amend Code Section 8-2-40 of the Official Code of Georgia Annotated, relating to the effect of a claimants acceptance of a settlement in relation to a construction defect claim, so as to provide that a contractors fulfillment of an offer for settlement or repair does not create insurance coverage or affect the parties rights under a contractors liability policy; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 312. HB 320. HB 341.

By Representatives Freeman of the 140th, May of the 111th, Roberts of the 154th, Golick of the 34th, Smith of the 129th and others:
A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, and Title 45 of the O.C.G.A., relating to public officers and employees, so as to provide for the substantial revision and transfer of certain powers, duties, and authority of the Department of Administrative Services, the Georgia Technology Authority, the Office of Planning and Budget, the Board of Regents of the University System of Georgia, the Department of Agriculture, the Department of Veterans Service, and the state accounting officer; to change certain provisions regarding the establishment, powers, purchasing authority, procedures, and limitations and vendor qualification of the Georgia Technology Authority; to change certain provisions regarding powers, purchasing personnel, competitive bidding, emergency purchasing, and prohibited practices with respect to the Department of Administrative Services; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
By Representatives Forster of the 3rd, Knox of the 24th, Meadows of the 5th, Dodson of the 75th, Watson of the 91st and others:
A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to create the Georgia Health Insurance Risk Pool; to provide alternative mechanism coverage for the availability of individual health insurance; to provide definitions; to provide for a risk pool board; to provide for powers, duties, and authority of the board; to provide for the selection of an administrator; to provide for the duties of the Commissioner of Insurance with respect to the board and pool; to provide for the establishment of rates; to provide for eligibility for and termination of coverage; to provide for minimum pool benefits; to provide for funding and assessments; to provide for complaint procedures; to provide for audits; to provide for applicability; to provide for related matters; to repeal the Georgia High Risk Health Insurance Plan; to provide effective dates; to repeal conflicting laws; and for other purposes.
By Representatives Burkhalter of the 50th, Keen of the 179th and Harbin of the 118th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide for the tax treatment of certain airline industry transactions; to provide for a partial exemption under certain circumstances

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HB 346.
HB 347. HB 364.

of jet fuel sold to certain qualifying airlines and provide for the manner of collection of tax with respect to nonexempt sales; to provide that jet fuel sold to certain qualifying airlines shall be exempt from certain local sales and use taxes under certain circumstances; to provide that certain sales of food and beverages for consumption by airline passengers and crew shall be exempt from taxation under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representatives Barnard of the 166th, Keen of the 179th, Harbin of the 118th, Stephens of the 164th, Graves of the 137th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Lottery for Education, so as to provide for methods of payment of lottery tickets; to authorize the establishment of a financial account; to provide for the deposit of funds into individual accounts by members of the public; to provide for methods of deposit; to provide that no funds deposited shall be refunded; to provide for abandoned accounts; to authorize and direct the board of trustees to devise a method pursuant to which a person who is eligible to purchase a Georgia lottery ticket may purchase a share in a lottery game by means of a public or private computer terminal or other electronic means; to provide for periodic progress reports; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representatives Ralston of the 7th and Bearden of the 68th:
A BILL to be entitled an Act to amend Code Section 35-3-154.1 of the Official Code of Georgia Annotated, relating to admission of reports from state crime laboratory, so as to make such Code section applicable to certain private laboratories under contract to the state crime laboratory; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Williams of the 4th, Royal of the 171st, Scott of the 2nd, Forster of the 3rd, Loudermilk of the 14th and others:
A BILL to be entitled an Act to amend Code Section 40-3-20 of the Official Code of Georgia Annotated, relating to applications for certificates of title for motor vehicles, so as to require proof of the payment of the sales and use tax as a precondition to titling certain motor vehicles; to provide for the collection of the tax; to provide for compensation for tag agents; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 378. HB 389. HB 428. HB 442.

By Representatives Fleming of the 117th, May of the 111th, Loudermilk of the 14th, Hatfield of the 177th and Willard of the 49th:
A BILL to be entitled an Act to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate court costs and compensation, and Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide for premarital education; to provide for financial incentive to invest in premarital education; to provide for matters relative to the additional fee for certain marriage license applications; to provide for the requirements and elements of premarital education programs; 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.
By Representatives Roberts of the 154th, Smith of the 129th, Golick of the 34th, Smith of the 131st, Burns of the 157th and others:
A BILL to be entitled an Act to amend Code Section 48-7-40 of the Official Code of Georgia Annotated, relating to designation of counties as less developed areas for the purpose of tax credits with respect to certain business enterprises, so as to provide a definition; to provide for an additional tax credit for certain existing business enterprises; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
By Representatives Keen of the 179th, Ralston of the 7th and Rogers of the 26th:
A BILL to be entitled an Act to amend Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, limits of risks, and reinsurance, so as to provide an exception to the category of property insurance for warranty service agreements for major appliances, utility systems, and roofing; to provide for surety bonds; to provide for identification of an insurer or surety insurer; to provide for cancellation; to require warranty agreements that are not insurance to so state; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representatives Yates of the 73rd, Lakly of the 72nd, Freeman of the 140th and Warren of the 122nd:
A BILL to be entitled an Act to amend Code Section 43-12-2 of the Official Code of Georgia Annotated, relating to qualifications for an exemption

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HB 458. HB 608. HB 671. HB 674.

from occupation taxes, administrative fees, and regulatory fees, so as to provide for certain duties of the Department of Veterans Service; to repeal conflicting laws; and for other purposes.
By Representatives Smith of the 129th, Rogers of the 26th, Fleming of the 117th, Graves of the 12th and Loudermilk of the 14th:
A BILL to be entitled an Act to amend Chapter 16 of Title 40 of the Official Code of Georgia Annotated, relating to administration of the Department of Motor Vehicle Safety, so as to create the Commercial Transportation Advisory Committee; to provide for purposes and membership; to provide for terms of office and voting privileges; to provide for meetings and agendas; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Reece of the 27th and Cooper of the 41st:
A BILL to be entitled an Act to amend Code Section 43-34-27 of the Official Code of Georgia Annotated, relating to license requirements for persons engaged in the practice of medicine, so as to change certain provisions relating to licensure to practice medicine by a person who graduated from a medical or osteopathic college which is not approved by the Composite State Board of Medical Examiners; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representatives Willard of the 49th, Holmes of the 61st, Thomas of the 55th, Brooks of the 63rd, Burkhalter of the 50th and others:
A BILL to be entitled an Act to amend an Act providing for the appointment of magistrates in Fulton County, approved March 18, 1983 (Ga. L. 1983, p. 4373), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3783), so as to change the number of magistrates in Fulton County; to provide the procedure in connection with the appointment of new magistrates and provide for terms of office; to repeal conflicting laws; and for other purposes.
By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act abolishing the present mode of compensating the clerk of superior court, the sheriff, the ordinary, and the tax commissioner of Coffee County, known as the fee system, and providing in lieu thereof annual salaries for such officers, approved February 26, 1965 (Ga. L. 1965, p. 2087), as amended, particularly by an

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HB 676.
HB 696. HB 697.

Act approved March 27, 1972 (Ga. L. 1972, p. 2508), and by an Act approved March 23, 1977 (Ga. L. 1977, p. 3699), so as to place the tax commissioner on a salary only basis; to abolish any retention of commissions by the tax commissioner; to provide that the tax commissioner shall receive the salary set forth by general law; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representative Epps of the 128th:
A BILL to be entitled an Act to provide a new charter for the City of Warm Springs; to repeal the existing charter and all amendatory acts thereto; to provide for incorporation, boundaries, and powers of the city; to provide examples of the citys powers; to provide for a city council as the governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, and conflicts of interest relative to such governing authority; to provide for inquiries and investigations; to provide for eminent domain; to provide for organizational and regular and special meetings, rules of procedure, and quorums; to provide for procedures to enact ordinances, ordinances in case of emergencies, and codes of technical regulations; to provide for construction and severability; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal specific local acts; to repeal conflicting general acts; and for other purposes.
By Representatives Lunsford of the 110th, Watson of the 91st, Mosby of the 90th, Barnes of the 78th, Yates of the 73rd and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Locust Grove, approved April 7, 1976 (Ga. L. 1976, p. 4426), as amended, so as to revise certain provisions relating to membership of elected officials on boards, commissions, and authorities; to repeal conflicting laws; and for other purposes.
By Representatives Lunsford of the 110th, Watson of the 91st, Mosby of the 90th, Barnes of the 78th, Yates of the 73rd and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to revise certain provisions relating to membership of elected officials on boards, commissions, and authorities; to repeal conflicting laws; and for other purposes.

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HB 699. By Representative Morris of the 155th:

A BILL to be entitled an Act to provide for an alternate method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution of the State of Georgia between the Montgomery County School District and the City of Vidalia Independent School District located partially in Montgomery County; to provide for the authority of this Act; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.

HB 700. By Representative Morris of the 155th:

A BILL to be entitled an Act to provide for an alternate method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution of the State of Georgia between the Toombs County School District and the City of Vidalia Independent School District located in Toombs County; to provide for the authority of this Act; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.

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

HR 240.

By Representatives Graves of the 137th, Coan of the 101st, Keen of the 179th, Smith of the 129th, Barnes of the 78th and others:

A RESOLUTION designating April 29th of each year as "Dale Earnhardt Day in Georgia"; and for other purposes.

HR 499. By Representative Jamieson of the 28th:

A RESOLUTION expressing regret at the passing of Noel Hayes "Hob" Hobgood, Jr., and Mary Bob Acree Hobgood; and for other purposes.

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

SB 326. By Senators Jones of the 10th, Stoner of the 6th, Butler of the 55th, Adelman of the 42nd, Miles of the 43rd and others:

A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official

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Code of Georgia Annotated, relating to insurance generally, so as to provide that all policies of life insurance issued in this state shall provide for the payment of a minimum burial benefit which shall be paid directly to the funeral home or funeral director that handled the burial or cremation of the insured; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

SB 327. By Senators Douglas of the 17th and Hudgens of the 47th:
A BILL to be entitled an Act to amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of judges and other court employees and certain county employees in the Employees Retirement System of Georgia, so as to provide that county tax assessors shall be members of such retirement system; to provide for an election; to provide for a transfer of funds and the award of creditable service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.

SB 328. By Senators Adelman of the 42nd, Butler of the 55th, Jones of the 10th, Thompson of the 5th, Miles of the 43rd and others:
A BILL to be entitled an Act to create the DeKalb County Court Technology Fund; to authorize the imposition and collection of a technology fee for the filing of certain cases and the imposition of surcharges to certain fines; to specify the uses to which such fees and surcharges may be put; to provide for the auditing and accounting for such fund; to provide for a supervising board for such fund and the membership, composition, authority, powers, and duties thereof; to provide for related matters; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 329. By Senators Heath of the 31st and Hamrick of the 30th:
A BILL to be entitled an Act to amend Part 1A of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to wood removal requirements, so as to provide definitions; to require certain buyers of timber to

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maintain a bond; to provide for the terms and conditions of such bonds; to provide for actions on such bonds; to provide for penalties; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.
SB 330. By Senators Thomas of the 54th, Shafer of the 48th, Unterman of the 45th, Hudgens of the 47th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Chapter 11 of Title 31 of the O.C.G.A., relating to emergency medical services, so as to include providers of emergency prehospital health care and emergency medical transportation within the definition of 'emergency medical provider'; to include the services of such providers within the definition of emergency services; to amend Title 33 of the O.C.G.A., relating to insurance, so as to include providers of emergency prehospital health care and emergency medical transportation within the definition of 'emergency health care provider'; to include licensed ambulance services in the list of nonparticipating and nonpreferred providers of health care services who are entitled to receive payment of assigned benefits directly from the insurer; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SB 331. By Senator Henson of the 41st:
A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to exempt certain insurance payments from claims of creditors of the insured; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 332. By Senators Walker of the 22nd, Powell of the 23rd, Stephens of the 27th and Moody of the 56th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to include volunteer school bus monitors in the definition of 'educator' for purposes of limitation on civil damages; to include volunteer school bus monitors in the definition of 'educator' for purposes of limited immunity from criminal liability; to provide for volunteer school bus monitors to ride school buses that transport students; to provide for the establishment of policies and

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procedures by local boards of education regarding volunteer school bus monitors; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.
SB 333. By Senators Douglas of the 17th and Hudgens of the 47th:
A BILL to be entitled an Act to amend an Act creating the Walnutgrove-Youth Water Authority, now known as the Walton County Water and Sewerage Authority, approved April 3, 1972 (Ga. L. 1972, p. 3623), as amended, particularly by an Act approved April 5, 1994 (Ga. L. 1994, p. 4675), so as to continue in existence and reconstitute the authority; to provide for legislative findings; to provide for the termination of the terms of members of the authority appointed under previous law; to provide for the appointment of members and their qualifications, terms, chairperson, quorum, meetings, vacancies, and compensation; to provide for perpetual existence of the authority; to provide for ratification of outstanding revenue bond debt; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 334. By Senators Zamarripa of the 36th, Reed of the 35th, Tate of the 38th and Fort of the 39th:
A BILL to be entitled an Act to amend the "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 20, 1998 (Ga. L. 1998, p. 4493), so as to change criteria for the designation of urban enterprise zones; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 335. By Senators Carter of the 13th, Johnson of the 1st, Schaefer of the 50th, Pearson of the 51st, Chance of the 16th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control of signs and signals on or near public roads, so as to restrict the location of certain sexually oriented billboards; to define certain terms; to provide for temporary exemptions; to provide punishments for violations; to provide for injunctive relief from nuisances; to provide legislative findings and declarations; to repeal certain

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provisions of law restricting outdoor advertising which were declared unconstitutional by the Georgia Supreme Court in the case of State v. Cafe Erotica, Inc., 270 Ga. 97 (1998); to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
SB 336. By Senators Rogers of the 21st, Pearson of the 51st, Seabaugh of the 28th, Schaefer of the 50th, Douglas of the 17th and others:
A BILL to be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to enact the "Georgia Fair Employment Act"; to provide a short title; to define terms; to state certain legislative findings; to provide certain exceptions to the Act; to make certain discharge of employees an unfair trade practice; to authorize a certain cause of action; to prohibit certain compensation as certain tax deductions; to require suspension of certain certificates of incorporation under certain circumstances; to require participation in certain programs as condition for certain contracts or grants; to provide for construction of the Act; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
SB 337. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend an Act to amend, consolidate, and supersede the several Acts incorporating the City of Colbert, approved February 14, 1950 (Ga. L. 1950, p. 2417), as amended, so as to extensively revise the city charter; 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 oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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SR 374. By Senator Schaefer of the 50th:
A RESOLUTION commending Roger Caudell and dedicating the "Roger Caudell Highway"; and for other purposes.
Referred to the Transportation Committee.
SR 375. By Senators Carter of the 13th, Goggans of the 7th, Thomas of the 2nd, Douglas of the 17th and Tate of the 38th:
A RESOLUTION creating the Senate Study Committee on the State of Physical Education in Schools; and for other purposes.
Referred to the Education and Youth Committee.
SR 376. By Senators Zamarripa of the 36th, Moody of the 56th, Weber of the 40th and Hill of the 32nd:
A RESOLUTION creating the Senate Atlanta County Study Committee, and for other purposes
Referred to the State and Local Governmental Operations (General) Committee.
The following House legislation was read the first time and referred to committee:
HB 5. By Representatives Borders of the 175th, Williams of the 4th, Fludd of the 66th, Brown of the 69th, Black of the 174th and others:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain school supplies, clothing, footwear, computers, and computer related accessories for a limited period of time; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 17. By Representatives Hill of the 21st, Murphy of the 23rd, Scheid of the 22nd and Byrd of the 20th:
A BILL to be entitled an Act to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, so as to authorize the Georgia

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Board of Private Detective and Security Agencies to establish requirements of continuing education as a condition of license renewal; to provide for conditions, limitations, and waiver; to repeal conflicting laws; and for other purposes.

Referred to the Regulated Industries and Utilities Committee.

HB 36. By Representatives Willard of the 49th, Geisinger of the 48th and Wilkinson of the 52nd:
A BILL to be entitled an Act to revise provisions of law relating to creation of new municipal corporations; to amend Chapter 31 of Title 36 of the O.C.G.A., relating to incorporation of municipal corporations, so as to eliminate certain minimum distance requirements; to provide that new municipal corporations shall have a minimum amount of time to arrange for service delivery; to provide that the Attorney General shall seek federal Voting Rights Act preclearances required in connection with new incorporations; to provide for the authorization and regulation of alcoholic beverage sales in new municipalities under certain circumstances; to amend Code Section 48-8-89.1 of the O.C.G.A., relating to distribution of joint county and municipal local option sales tax with respect to new qualified municipalities; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations (General) Committee.

HB 37. By Representatives Wilkinson of the 52nd, Willard of the 49th, Geisinger of the 48th and Lindsey of the 54th:
A BILL to be entitled an Act to incorporate the City of Sandy Springs in Fulton County; to provide for a charter for the City of Sandy Springs; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures: to provide for ordinances; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to

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provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 81. By Representatives Day of the 163rd, Stephens of the 164th, Bryant of the 160th, Jackson of the 161st and Scott of the 2nd:
A BILL to be entitled an Act to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem tax exemptions, so as to provide that, with respect to all homestead exemptions, the unremarried surviving spouse of a deceased spouse who has been granted a homestead exemption shall continue to receive that exemption so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 149. By Representatives Franklin of the 43rd, Scott of the 2nd, Jacobs of the 80th, Benfield of the 85th, Willard of the 49th and others:
A BILL to be entitled an Act to amend Code Section 18-4-22 of the Official Code of Georgia Annotated, relating to the exemption of certain pension or retirement funds or benefits from garnishment until certain payment or transfer thereof, so as to provide for such an exemption with respect to additional individual retirement account funds or benefits; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
HB 221. By Representatives Burmeister of the 119th, Watson of the 91st, Mosby of the 90th, Morgan of the 39th, Ehrhart of the 36th and others:
A BILL to be entitled an Act to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change certain provisions relating to the calculation of child support; to provide guidelines for determining amount of child support to be paid; to provide for factors for apportioning child support obligations; to provide a schedule of basic child support obligation amounts; to change the form of the final judgment in divorce actions to conform such changes in the determination and computation

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of child support; to remove a certain limitation on petitions to modify alimony and child support; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 307. By Representatives Rogers of the 26th and Ralston of the 7th:
A BILL to be entitled an Act to amend Code Section 8-2-40 of the Official Code of Georgia Annotated, relating to the effect of a claimants acceptance of a settlement in relation to a construction defect claim, so as to provide that a contractors fulfillment of an offer for settlement or repair does not create insurance coverage or affect the parties rights under a contractors liability policy; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 312. By Representatives Freeman of the 140th, May of the 111th, Roberts of the 154th, Golick of the 34th, Smith of the 129th and others:
A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, and Title 45 of the O.C.G.A., relating to public officers and employees, so as to provide for the substantial revision and transfer of certain powers, duties, and authority of the Department of Administrative Services, the Georgia Technology Authority, the Office of Planning and Budget, the Board of Regents of the University System of Georgia, the Department of Agriculture, the Department of Veterans Service, and the state accounting officer; to change certain provisions regarding the establishment, powers, purchasing authority, procedures, and limitations and vendor qualification of the Georgia Technology Authority; to change certain provisions regarding powers, purchasing personnel, competitive bidding, emergency purchasing, and prohibited practices with respect to the Department of Administrative Services; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 320. By Representatives Forster of the 3rd, Knox of the 24th, Meadows of the 5th, Dodson of the 75th, Watson of the 91st and others:
A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to create the Georgia Health Insurance Risk Pool; to provide

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alternative mechanism coverage for the availability of individual health insurance; to provide definitions; to provide for a risk pool board; to provide for powers, duties, and authority of the board; to provide for the selection of an administrator; to provide for the duties of the Commissioner of Insurance with respect to the board and pool; to provide for the establishment of rates; to provide for eligibility for and termination of coverage; to provide for minimum pool benefits; to provide for funding and assessments; to provide for complaint procedures; to provide for audits; to provide for applicability; to provide for related matters; to repeal the Georgia High Risk Health Insurance Plan; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
HB 341. By Representatives Burkhalter of the 50th, Keen of the 179th and Harbin of the 118th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide for the tax treatment of certain airline industry transactions; to provide for a partial exemption under certain circumstances of jet fuel sold to certain qualifying airlines and provide for the manner of collection of tax with respect to nonexempt sales; to provide that jet fuel sold to certain qualifying airlines shall be exempt from certain local sales and use taxes under certain circumstances; to provide that certain sales of food and beverages for consumption by airline passengers and crew shall be exempt from taxation under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 346. By Representatives Barnard of the 166th, Keen of the 179th, Harbin of the 118th, Stephens of the 164th, Graves of the 137th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Lottery for Education, so as to provide for methods of payment of lottery tickets; to authorize the establishment of a financial account; to provide for the deposit of funds into individual accounts by members of the public; to provide for methods of deposit; to provide that no funds deposited shall be refunded; to provide for abandoned accounts; to authorize and direct the board of trustees to devise a method pursuant to which a person who is eligible to purchase a Georgia lottery ticket may purchase a share in a lottery game by means of a public or private computer terminal or other electronic

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means; to provide for periodic progress reports; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development Committee.
HB 347. By Representatives Ralston of the 7th and Bearden of the 68th:
A BILL to be entitled an Act to amend Code Section 35-3-154.1 of the Official Code of Georgia Annotated, relating to admission of reports from state crime laboratory, so as to make such Code section applicable to certain private laboratories under contract to the state crime laboratory; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 364. By Representatives Williams of the 4th, Royal of the 171st, Scott of the 2nd, Forster of the 3rd, Loudermilk of the 14th and others:
A BILL to be entitled an Act to amend Code Section 40-3-20 of the Official Code of Georgia Annotated, relating to applications for certificates of title for motor vehicles, so as to require proof of the payment of the sales and use tax as a precondition to titling certain motor vehicles; to provide for the collection of the tax; to provide for compensation for tag agents; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
HB 378. By Representatives Fleming of the 117th, May of the 111th, Loudermilk of the 14th, Hatfield of the 177th and Willard of the 49th:
A BILL to be entitled an Act to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate court costs and compensation, and Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide for premarital education; to provide for financial incentive to invest in premarital education; to provide for matters relative to the additional fee for certain marriage license applications; to provide for the requirements and elements of premarital education programs; 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.
Referred to the Judiciary Committee.

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HB 389. By Representatives Roberts of the 154th, Smith of the 129th, Golick of the 34th, Smith of the 131st, Burns of the 157th and others:
A BILL to be entitled an Act to amend Code Section 48-7-40 of the Official Code of Georgia Annotated, relating to designation of counties as less developed areas for the purpose of tax credits with respect to certain business enterprises, so as to provide a definition; to provide for an additional tax credit for certain existing business enterprises; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 428. By Representatives Keen of the 179th, Ralston of the 7th and Rogers of the 26th:
A BILL to be entitled an Act to amend Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, limits of risks, and reinsurance, so as to provide an exception to the category of property insurance for warranty service agreements for major appliances, utility systems, and roofing; to provide for surety bonds; to provide for identification of an insurer or surety insurer; to provide for cancellation; to require warranty agreements that are not insurance to so state; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
HB 442. By Representatives Yates of the 73rd, Lakly of the 72nd, Freeman of the 140th and Warren of the 122nd:
A BILL to be entitled an Act to amend Code Section 43-12-2 of the Official Code of Georgia Annotated, relating to qualifications for an exemption from occupation taxes, administrative fees, and regulatory fees, so as to provide for certain duties of the Department of Veterans Service; to repeal conflicting laws; and for other purposes.
Referred to the Veterans and Military Affairs Committee.
HB 458. By Representatives Smith of the 129th, Rogers of the 26th, Fleming of the 117th, Graves of the 12th and Loudermilk of the 14th:
A BILL to be entitled an Act to amend Chapter 16 of Title 40 of the Official

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Code of Georgia Annotated, relating to administration of the Department of Motor Vehicle Safety, so as to create the Commercial Transportation Advisory Committee; to provide for purposes and membership; to provide for terms of office and voting privileges; to provide for meetings and agendas; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
HB 608. By Representatives Reece of the 27th and Cooper of the 41st:
A BILL to be entitled an Act to amend Code Section 43-34-27 of the Official Code of Georgia Annotated, relating to license requirements for persons engaged in the practice of medicine, so as to change certain provisions relating to licensure to practice medicine by a person who graduated from a medical or osteopathic college which is not approved by the Composite State Board of Medical Examiners; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
HB 671. By Representatives Willard of the 49th, Holmes of the 61st, Thomas of the 55th, Brooks of the 63rd, Burkhalter of the 50th and others:
A BILL to be entitled an Act to amend an Act providing for the appointment of magistrates in Fulton County, approved March 18, 1983 (Ga. L. 1983, p. 4373), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3783), so as to change the number of magistrates in Fulton County; to provide the procedure in connection with the appointment of new magistrates and provide for terms of office; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 674. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act abolishing the present mode of compensating the clerk of superior court, the sheriff, the ordinary, and the tax commissioner of Coffee County, known as the fee system, and providing in lieu thereof annual salaries for such officers, approved February 26, 1965 (Ga. L. 1965, p. 2087), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2508), and by an Act approved March 23, 1977 (Ga. L. 1977, p. 3699), so as to place the tax commissioner on a salary only basis; to

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abolish any retention of commissions by the tax commissioner; to provide that the tax commissioner shall receive the salary set forth by general law; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 676. By Representative Epps of the 128th:
A BILL to be entitled an Act to provide a new charter for the City of Warm Springs; to repeal the existing charter and all amendatory acts thereto; to provide for incorporation, boundaries, and powers of the city; to provide examples of the citys powers; to provide for a city council as the governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, and conflicts of interest relative to such governing authority; to provide for inquiries and investigations; to provide for eminent domain; to provide for organizational and regular and special meetings, rules of procedure, and quorums; to provide for procedures to enact ordinances, ordinances in case of emergencies, and codes of technical regulations; to provide for construction and severability; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal specific local acts; to repeal conflicting general acts; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 696. By Representatives Lunsford of the 110th, Watson of the 91st, Mosby of the 90th, Barnes of the 78th, Yates of the 73rd and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Locust Grove, approved April 7, 1976 (Ga. L. 1976, p. 4426), as amended, so as to revise certain provisions relating to membership of elected officials on boards, commissions, and authorities; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 697. By Representatives Lunsford of the 110th, Watson of the 91st, Mosby of the 90th, Barnes of the 78th, Yates of the 73rd and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as

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amended, so as to revise certain provisions relating to membership of elected officials on boards, commissions, and authorities; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 699. By Representative Morris of the 155th:

A BILL to be entitled an Act to provide for an alternate method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution of the State of Georgia between the Montgomery County School District and the City of Vidalia Independent School District located partially in Montgomery County; to provide for the authority of this Act; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 700. By Representative Morris of the 155th:

A BILL to be entitled an Act to provide for an alternate method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution of the State of Georgia between the Toombs County School District and the City of Vidalia Independent School District located in Toombs County; to provide for the authority of this Act; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

The following committee reports were read by the Secretary:

Mr. President:

The 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 85 SR 334

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

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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 396 HB 611

Do Pass as amended Do Pass

SB 300 SB 312

Do Pass Do Pass by substitute

Respectfully submitted, Senator Wiles of the 37th District, Chairman

The following legislation was read the second time:

HB 10 HB 20 HB 166 HB 207

HB 212 HB 222 HB 279

HB 281 HB 289 HB 416

HR 92 SB 186 SB 243

SB 245 SB 251 SB 307

SB 316 SR 111 SR 303

Senator Kemp of the 46th asked unanimous consent that Senator Moody of the 56th be excused. The consent was granted, and Senator Moody was excused.

Senator Kemp of the 46th asked unanimous consent that Senator Shafer of the 48th be excused. The consent was granted, and Senator Shafer was excused.

Senator Rogers of the 21st asked unanimous consent that Senator Stephens of the 27th be excused. The consent was granted, and Senator Stephens was excused.

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

Adelman Brown Bulloch Butler Cagle Carter Chance Chapman Douglas Goggans Golden Grant Hamrick

Hill,Jack Hill,Judson Hooks Hudgens Johnson Jones Kemp Me V Bremen Miles Mullis Pearson Reed Rogers

Smith Starr Staton Stoner Tate Thomas,D Thomas,R Thompson,C Thompson,S Unterman Walker Weber Whitehead

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Harbison Harp Heath Henson

Schaefer Seabaugh Seay

Wiles Williams Zamarripa

Not answering were Senators:

Balfour Powell Tolleson

Fort Shafer (Excused)

Moody (Excused) Stephens (Excused)

The members pledged allegiance to the flag.

Senator Henson of the 41st introduced the chaplain of the day, Dr. Michael Woods of Tucker, Georgia, who offered scripture reading and prayer.

Senator Hill of the 4th introduced the doctor of the day, Dr. W. Scott Bohlke.

Senators Harp of the 29th and Harbison of the 15th recognized representatives from Columbus, Georgia in celebration of Columbus Day at the Capitol.

The following resolutions were read and adopted:

SR 365. By Senator Shafer of the 48th:

A RESOLUTION commending Victors Jason Dolive on receiving a National Heroism Award and on becoming an Eagle Scout; and for other purposes.

SR 366. By Senators Shafer of the 48th, Unterman of the 45th, Balfour of the 9th, Henson of the 41st and Thompson of the 5th:

A RESOLUTION commending Honorable J. Alvin Wilbanks; and for other purposes.

SR 367. By Senator Goggans of the 7th:

A RESOLUTION commending George F. Barnhill, First Place winner at the state level in the National History Day Competition; and for other purposes.

SR 368. By Senator Walker of the 22nd:

A RESOLUTION recognizing the Edwards, Thomas, Wesley, Cooper, Phillips, Hawkins, Dixon, Moffett, Vines, Stingley 31st Family Reunion and

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commending its host, the Moffett Committee; and for other purposes.
SR 369. By Senator Walker of the 22nd:
A RESOLUTION recognizing the Augusta Alumnae Chapter of Delta Sigma Theta Sorority, Inc.; and for other purposes.
SR 370. By Senators Whitehead, Sr. of the 24th, Johnson of the 1st, Stephens of the 27th and Cagle of the 49th:
A RESOLUTION recognizing and commending Jack Nicklaus; and for other purposes.
SR 371. By Senators Seay of the 34th, Starr of the 44th, Fort of the 39th, Tate of the 38th and Brown of the 26th:
A RESOLUTION honoring Reverend Cameron Madison Alexander for his 29 years of service as president of the General Missionary Baptist Convention of Georgia; and for other purposes.
SR 372. By Senators Seay of the 34th, Starr of the 44th, Fort of the 39th and Tate of the 38th:
A RESOLUTION recognizing Reverend Matthew Vaughn Johnson, Sr.; and for other purposes.
SR 373. By Senators Seay of the 34th, Starr of the 44th and Tate of the 38th:
A RESOLUTION remembering and honoring the life of Mrs. Eula Mae Dixon Davis; and for other purposes
SR 377. By Senators Butler of the 55th and Brown of the 26th:
A RESOLUTION commending Tito Boamie for his courageous actions; and for other purposes.
SR 378. By Senators Pearson of the 51st, Cagle of the 49th, Heath of the 31st, Williams of the 19th, Rogers of the 21st and others:
A RESOLUTION recognizing the Elliott Family as the First Family of NASCAR in Georgia; and for other purposes.

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SR 379. By Senators Tate of the 38th, Fort of the 39th, Brown of the 26th, Miles of the 43rd, Seay of the 34th and others:
A RESOLUTION remembering and honoring the life of Mr. Benjamin Moore; and for other purposes.
SR 380. By Senators Zamarripa of the 36th, Fort of the 39th, Tate of the 38th and Reed of the 35th:
A RESOLUTION honoring Reverend Dr. James Edward Orange; and for other purposes.
SR 381. By Senator Schaefer of the 50th:
A RESOLUTION expressing regret at the passing of Noel Hayes "Hob" Hobgood, Jr., and Mary Bob Acree Hobgood; and for other purposes.
HR 240. By Representatives Graves of the 137th, Coan of the 101st, Keen of the 179th, Smith of the 129th, Barnes of the 78th and others:
A RESOLUTION designating April 29th of each year as "Dale Earnhardt Day in Georgia"; and for other purposes.
HR 499. By Representative Jamieson of the 28th:
A RESOLUTION expressing regret at the passing of Noel Hayes "Hob" Hobgood, Jr., and Mary Bob Acree Hobgood; and for other purposes.

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

SENATE LOCAL CONSENT CALENDAR

Friday, March 11, 2005 Thirtieth Legislative Day

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

SB 300

Stoner of the 6th Rogers of the 21st Hill of the 32nd

SB 312 HB 396

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Thompson of the 33rd Wiles of the 37th COBB COUNTY
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4519), so as to change the provisions relating to the compensation of the chairperson and the other commissioners of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
Whitehead of the 24th COLUMBIA COUNTY
A BILL to be entitled an Act to amend an Act providing for the election of the Board of Education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, particularly by an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 336), and by an Act approved April 25, 2002 (Ga. L. 2002, p. 4528), so as to change provisions relating to education districts for the board; to define certain terms; to provide for the manner and dates of election of members of the board; to provide for related matters; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. (SUBSTITUTE)
Stoner of the 6th Rogers of the 21st Hill of the 32nd Thompson of the 33rd Wiles of the 37th COBB COUNTY
A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4749), so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide for related matters; to repeal conflicting laws; and for other purposes. (AMENDMENT)

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HB 611

Grant of the 25th EATONTON-PUTNAM WATER AND SEWER AUTHORITY

A BILL to be entitled an Act to create the Eatonton-Putnam Water and Sewer Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, fines, charges and earnings of the authority, contract payments to the authority and from other moneys pledged therefor and authorize the collection and pledging of the revenues, tolls, fees, fines, charges and earnings of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to make the revenue bonds of the authority exempt from taxation; to provide for the validation of bonds; to repeal conflicting laws; and for other purposes.

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

*SB 312:

The Senate State and Local Governmental Operations Committee offered the following substitute to SB 312:

A BILL TO BE ENTITLED AN ACT

To amend an Act providing for the election of the Board of Education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, particularly by an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 336), and by an Act approved April 25, 2002 (Ga. L. 2002, p. 4528), so as to change provisions relating to education districts for the board; to define certain terms; to provide for the manner and dates of election of members of the board; to provide for related matters; to provide for the submission of this Act to the United States Department of Justice; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for the election of the Board of Education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, particularly by an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 336), and by an Act approved

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April 25, 2002 (Ga. L. 2002, p. 4528), is amended by striking Sections 1, 2, and 3 of the Act and inserting in lieu thereof new Sections 1, 2, and 3 to read as follows:
Section 1. (a) The Board of Education of Columbia County shall be composed of five members to be elected as provided in this Act. For the purposes of electing members of the board of education, Columbia County is divided into four education districts. The four education districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: colcc02 Plan Type: Local User: staff Administrator: Columbia. The chairperson of the board shall be elected by the electors of the entire county. (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 the Columbia County School District which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the Columbia School District which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any education district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia.
Section 2. (a) The members of the board of education in office on the effective date of this Act shall serve out the terms to which they were elected and shall continue to represent the districts from which they were elected until December 31, 2006. (b) On and after January 1, 2007, the member of the board of education representing former Education District 2 shall represent Education District 1, the member of the board of education representing former Education District 5 shall represent Education District 3; and the member of the board of education representing former Education District 3 shall represent Education District 4 as such districts are described in this Act. (c) The member representing former Education District 1 shall serve out the term to which such member was elected which shall end on December 31, 2006, and no successor shall be elected for such member.

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(d) In the 2006 nonpartisan general election, a successor to the member representing former Education District 4 shall be elected to represent Education District 2 as such district is described under this Act. (e) In the 2006 nonpartisan general election, a person shall be elected by the electors of the entire Columbia County School District to serve as chairperson of the board of education. (f) The person elected as chairperson in the 2006 nonpartisan general election shall serve a term of office of two years beginning on January 1, 2007, and until his or her successor is elected and qualified. At the 2008 nonpartisan general election, a successor shall be elected for such chairperson to serve a term of office of four years beginning on January 1, 2009, and until a successor is elected and qualified. Thereafter, an election for a successor to such chairperson shall be held at the nonpartisan general election in the year immediately preceding the end of such chairpersons term of office for a term of office of four years and until a successor is elected and qualified. Such chairperson shall take office on the first day of January immediately following his or her election. (g) At the 2006 nonpartisan general election, a member of the board of education shall be elected to present Education District 2 as described in this Act. Such member shall be elected to serve a term of office of four years beginning January 1, 2007, and until his or her successor is elected and qualified. Thereafter, an election for a successor to such member shall be held at the nonpartisan general election in the year immediately preceding the end of such members term of office for a term of office of four years and until a successor is elected and qualified. Such member shall take office on the first day of January immediately following his or her election.
(h)(1) At the 2008 nonpartisan general election, an election shall be held to elect successors to the members representing Education Districts 1, 3, and 4. (2) Successors to the members representing Education Districts 1 and 4 shall be elected to serve a term of office of four years beginning January 1, 2009, and until their successors are elected and qualified. Thereafter, successors to such members shall be elected at the nonpartisan general election in the year immediately preceding the end of such members terms of office for a term of office of four years and until their successors are elected and qualified. Such members shall take office on the first day of January immediately following their election. (3) The successor to the member representing Education District 3 elected in the 2008 nonpartisan general election shall be elected to serve a two year term of office beginning January 1, 2009, and until his or her successor is elected and qualified. A successor to such member representing Education District 3 shall be elected in the 2010 nonpartisan general election for a term of office of four years beginning January 1, 2011, and until his or her successor is elected and qualified. Thereafter, a successor to such member shall be elected at the nonpartisan general election in the year immediately preceding the end of such members term of office for a term of office of four years and until his or her successor is elected and qualified. Such member shall take office on the first day of January immediately following his or her election.

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(i) The chairperson shall be elected by the vote of electors of the Columbia County School District at large. The members representing Districts 1, 2, 3, and 4 shall be elected only by the electors of the education district which the members seek to represent. (j) No person shall be eligible to represent a district unless he or she has been a resident of such district from which he or she is a candidate for at least one year immediately preceding the date of the election. In the event that a member moves his or her residence from the district the member represents, his or her seat on the board shall immediately become vacant.
Section 3. The chairperson and each member of the board of education shall be elected in a nonpartisan election as authorized in Code Section 21-2-139 and other applicable
provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'

SECTION 2. The Board of Education of Columbia County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, not later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 3. For the purposes of electing a member from Education District 2 and the chairperson in the 2006 nonpartisan general election, this Act shall become effective upon its approval by the Governor or its becoming law without such approval. The Act shall become effective for all other purposes on January 1, 2007.

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

Plan Name: colcc02 Columbia

Plan Type: Local

User: staff Administrator:

Redistricting Plan Components Report

District 001 Columbia County
Tract: 301.01 BG: 3 BG: 4 Tract: 301.02 Tract: 303.03 BG: 2 BG: 3

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3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3016 3017 3018 3019 3022 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3992 3993 3997 3998 3999
District 002 Columbia County
Tract: 301.01 BG: 1 BG: 2 Tract: 302.01 Tract: 302.02 Tract: 302.03 Tract: 305.02 BG: 4 4000 4001 4002 4003 4004 4005 Tract: 306.03
District 003 Columbia County
Tract: 303.02 Tract: 303.03 BG: 3 3012 3013 3014 3015 3020 3021 3023 3024 3025 3026 3027 3038 3994 3995 3996 BG: 4 Tract: 303.04 Tract: 303.05 Tract: 304 BG: 1 BG: 2 2000 2001 2002 2003 BG: 3 3001 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4010 4998 4999 BG: 5 5000 5001 5021 5022 5023 5025 5998 5999 BG: 7
District 004 Columbia County
Tract: 304

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BG: 2 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2998 2999 BG: 3 3000 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 BG: 4 4008 4009 4011 BG: 5 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5024 5996 5997 Tract: 305.01 Tract: 305.02 BG: 4 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 BG: 5
On the adoption of the substitute, the yeas were 51, nays 0, and the committee substitute was adopted.
The amendment to the following bill was put upon its adoption:
*HB 396:
The Senate State and Local Governmental Operations Committee offered the following amendment:
Amend the committee substitute to HB 396 (LC 9 1656S) by striking from lines 2 and 3 on page 1 "April 25, 2002 (Ga. L. 2002, p. 4749)" and inserting in lieu thereof "May 30, 2003 (Ga. L. 2003, p. 3711)".
By inserting "to provide for an effective date;" after "County;" on line 4 on page 1.
On the adoption of the substitute, the yeas were 51, nays 0, and the committee substitute was adopted.
The amendment to the following bill was put upon its adoption:

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*HB 396:

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

Amend the committee substitute to HB 396 (LC 9 1656S) by striking from lines 2 and 3 on page 1 "April 25, 2002 (Ga. L. 2002, p. 4749)" and inserting in lieu thereof "May 30, 2003 (Ga. L. 2003, p. 3711)".

By inserting "to provide for an effective date;" after "County;" on line 4 on page 1.

By substituting "71,536.74" for "68,785.33" on line 11 on page 1.

By substituting "87,290.22" for "83,932.90" on line 18 on page 1.

By adding between lines 22 and 23 on page 1 the following:

SECTION 2.1. 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 report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

Y Adelman Balfour
Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden

Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell

Y Smith Y Starr Y Staton Y Stephens Y Stoner
Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S
Tolleson Y Unterman Y Walker

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Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay E Shafer,D

Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the local bills, the yeas were 51, nays 0.

The bills on the Local Consent Calendar, except SB 312 and HB 396, having received the requisite constitutional majority, were passed.

SB 312, having received the requisite constitutional majority, was passed by substitute.

HB 396, having received the requisite constitutional majority, was passed as amended.

The following legislation, favorably reported by the committees, as listed on the Consent Calendar for Noncontested Senate General Legislation, was put upon its passage.

CONSENT CALENDAR FOR NONCONTESTED SENATE GENERAL LEGISLATION
FRIDAY, MARCH 11, 2005 THIRTIETH LEGISLATIVE DAY

SB 145

Cosmetologists; define terms; qualifications; certificate for registration for hair braiders/designers (Substitute)(RI&Util-25th)

SB 192

Indemnificaton of publicly employed emergency medical; define certain terms (I&L-54th)

SB 217

Life Settlements Act; protect contractual/property rights of policy owner (Substitute)(I&L-47th)

SB 234

License Plates; insurance coverage termination; ten-day period before fees (I&L-20th)

SB 236

State Employees Insurance; coverage for surviving dependents/spouse (I&L-47th)

SB 267

Disabled Persons; parking permits; provide annual renewal (Substitute)(PS&HS-45th)

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Ad Valorem Taxation; tangible personal property located on airport; change provisions (FIN-31st)
Georgia Firefighter Standards/Training Council; powers/functions; provide definitions (Amendment)(PS&HS-53rd)
Public Records; educational facilities; open to inspection as other agencies (JUDY-42nd)

Senator Brown of the 26th objected to all bills on the Consent Calendar for Noncontested Senate General Legislation.

All bills on the Consent Calendar for Noncontested Senate General Legislation were placed at the foot of today's Senate Rules Calendar in the order in which they appear above.

SENATE RULES CALENDAR FRIDAY, MARCH 11, 2005
THIRTIETH LEGISLATIVE DAY

SB 258

Military Members on Duty; licenses; jury duty; exemptions/terminations (Substitute)(V&MA-17th)

SB 127

Georgia Computer Security Act; definitions; deceptive acts; penalties (Substitute)(S&T-18th)

SB 57

Repeat Offenders; convicted of murder; punishment (Amendment) (JUDY-30th)

SB 274

Ga. Utility Facility Protection Act; sewer laterals; add provisions (Substitute)(RI&Util-28th)

SB 174

"Ga. Consumer Choice Benefits Health Insurance Plan Act"; add to health plans (Substitute)(I&L-18th)

SB 178

Emergency Vehicles Equipment; restrictions to use blue lights; exceptions (PS&HS-17th)

SB 94

Child Custody Intrastate Jurisdiction Act; change certain provisions (JUDY-29th)

SB 190 SB 277 SB 2 SB 84 SB 282 SB 283 SB 268 SB 269 SB 161 SB 284 SR 49 SB 27 SB 272 SB 28 SB 96

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Environmental Advisory; judicial review of contested cases; filing of petition (NR&E-20th)
Georgia Hazardous Site Reuse/Redevelopment Act; change provisions of definitions (Substitute)(NR&E-49th)
Trial; jury panels in misdemeanor, felony, death; peremptory challenges (JUDY-30th)
Polls; change forms of identification (Substitute)(SLGO(G)-18th)
Legislative Services Committee; change provisions abolish Leg. Budget Office; Fiscal Affairs Subcommittees (SLGO(G)-19th)
Natural Resources, Dept.; deadhead logging operations; establish program; provide administration; define terms (Substitute)(NR&E-11th)
Employees' Insurance; continuation of health insurance; community service boards (I&L-30th)
Pen Register; district attorney having jurisdiction; apply for/extend order (JUDY-21st)
Employees' Retirement; Housing/Finance Authority officer; payment to trustees (RET-31st)
Employees Health Benefits; create trust fund; community health; powers/duties (I&L-28th)
CA: Public Funding of Social Services by religious org; prevent discrimination (Amendments) (RULES-29th)
Private Military Vehicles; registration; implement rules/regulations (Substitute)(PS&HS-41st)
Ryan Boslet Bill; school athletic policy; physical examination form (ED&Y-56th)
Commercial Drivers' Licenses; change certain definitions (Substitute) (PS&HS-41st)
Halal Foods; regulate preparation, marketing, sale, and serving; punishment for violations (AG&CA-41st)

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SB 106

Violent Video Game; display explanation of rating system; penalty (Substitute)(S&T-6th)

SB 113

Nonemergency Phone System; establish /operate "311" (Amendment) (RI&Util-55th)

SB 114

MARTA; use of sales proceeds for authority; extend provisions (TRANS-55th)

SB 115

MARTA; reserve fund interest income used to pay operating cost; provision (TRANS-55th)

SR 88

Henry McNeal Turner Tribute Commission; creating (SLGO(G)-39th)

Respectfully submitted,

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

Senator Douglas of the 17th moved to engross SB 258, which was on today's Senate Rules Calendar.

Senator Adelman of the 42nd objected.

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

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance N Chapman Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson N Jones N Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer

Y Smith N Starr Y Staton Y Stephens N Stoner N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson Y Unterman N Walker N Weber Y Whitehead Y Wiles

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Y Harp Y Heath N Henson

Y Seabaugh N Seay E Shafer,D

Y Williams N Zamarripa

On the motion to engross, the yeas were 30, nays 25, the motion prevailed; and SB 258 was engrossed.

Senator Staton of the 18th moved to engross SB 174, which was on today's Senate Rules Calendar.

Senator Adelman of the 42nd objected.

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

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson N Jones N Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell N Reed N Rogers Y Schaefer Y Seabaugh N Seay E Shafer,D

Y Smith N Starr Y Staton Y Stephens N Stoner N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson N Unterman N Walker N Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the motion to engross, the yeas were 30, nays 25, the motion prevailed; and SB 174 was engrossed.

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

SB 258. By Senators Douglas of the 17th, Staton of the 18th, Johnson of the 1st, Shafer of the 48th, Balfour of the 9th and others:

A BILL to be entitled an Act to amend Code Section 15-12-1 of the O.C.G.A.,

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relating to exemptions from jury duty, so as to provide that any service member on ordered military duty and his or her spouse may be exempt from jury duty; to amend Article 3 of Chapter 4 of Title 26 of the O.C.G.A., relating to the practice of pharmacy, so as to provide that a service member whose license expired while he or she was on duty outside the state may practice pharmacy on such expired license; to amend Code Section 27-2-4 of the O.C.G.A., relating to honorary hunting and fishing licenses, so as to provide for an honorary license for returning veterans; to amend Article 2 of Chapter 5 of Title 40 of the O.C.G.A.; to amend Chapter 1 of Title 43 of the O.C.G.A.; to amend Article 1 of Chapter 7 of Title 44 of the O.C.G.A.; to amend Article 1 of Chapter 5 of Title 46 of the O.C.G.A.; to repeal conflicting laws; and for other purposes.
The Senate Veterans and Military Affairs Committee offered the following substitute to SB 258:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide that any service member on ordered military duty and his or her spouse may be exempt from jury duty; to amend Article 3 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the practice of pharmacy, so as to provide that a service member whose license expired while he or she was on duty outside the state may practice pharmacy on such expired license; to amend Code Section 27-2-4 of the Official Code of Georgia Annotated, relating to honorary hunting and fishing licenses, so as to provide for an honorary license for returning veterans; to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of drivers licenses, so as to provide that a service member whose drivers license expires while he or she is on military duty outside the state may drive on such expired license for six months; to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to professions and businesses, so as to provide that a service member whose professional license expires while he or she is on military duty outside the state may use such expired license for six months; to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to landlord and tenant, so as to provide that under certain circumstances a service member may terminate a residential rental agreement; to amend Article 1 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions relative to telephone and telegraph service, so as to provide that a service member who is transferred may, under certain conditions, terminate a wireless telecommunications contract; 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 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, is amended by inserting at the end thereof a new subsection to read as follows:
(c)(1) As used in this subsection, the term: (A) 'Ordered military duty' means any military duty performed in the service of the state or of the United States including but not limited to attendance at any service school or schools conducted by the armed forces of the United States which requires a service member to be at least 50 miles from his or her home. (B) 'Service member' means an active duty member of the regular or reserve component of the United States Armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard who was on ordered federal duty for a period of 90 days or longer. (2) Any service member on ordered military duty and the spouse of any such service member who requests to be excused or deferred shall be excused or deferred from jury duty upon presentation of either a copy of the official military orders or a written verification signed by the service members commanding officer of such duty.
SECTION 2. Article 3 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the practice of pharmacy, is amended by inserting immediately following Code Section 26-4-44.1 a new Code section to read as follows:
26-4 -44.2. (a) As used in this Code section, the term 'service member' means an active duty member of the regular or reserve component of the United States Armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard who was on ordered federal duty for a period of 90 days or longer. (b) Any service member whose license issued pursuant to this article expired while such service member was serving on active duty outside the state shall be permitted to practice pharmacy in accordance with such expired license and shall not be charged with a violation of this chapter related to practicing pharmacy with an expired license for a period of six months from the date of his or her discharge from active duty or reassignment to a location within the state. Any such service member shall be entitled to renew such expired license without penalty within six months after the date of his or her discharge from active duty or reassignment to a location within the state. The service member must present to the board either a copy of the official military orders or a written verification signed by the service members commanding officer to waive any charges.
SECTION 3. Code Section 27-2-4 of the Official Code of Georgia Annotated, relating to honorary

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hunting and fishing licenses, is amended by inserting at the end thereof a new subsection to read as follows:
(g)(1) As used in this subsection, the term 'returning veteran' means a person who is discharged from active duty as a member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard and who was on ordered federal duty for a period of 90 days or longer. (2) The department shall issue an honorary hunting and fishing license to any returning veteran which shall entitle him or her to hunt and fish in this state without the payment of fees described in Code Section 27-2-23 for a period of one year following issuance. A returning veteran requesting such an honorary license shall provide proof of his or her discharge.
SECTION 4. Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of drivers licenses, is amended by inserting at the end thereof the following:
40-5-37. (a) As used in this Code section, the term 'service member' means an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard who is on ordered federal duty for a period of 90 days or longer. (b) Any service member whose Georgia drivers license expired while such service member was serving on active duty outside the state shall be permitted to operate a motor vehicle in accordance with such expired license and shall not be charged with a violation of Code Section 40-5-20 for a period of six months from the date of his or her discharge from active duty or reassignment to a location within the state. The service member must present to the department either a copy of the official military orders or a written verification signed by the service members commanding officer to waive charges.
SECTION 5. Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to professions and businesses, is amended by inserting at the end thereof the following:
43-1-31. (a) As used in this Code section, the term 'service member' means an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard on ordered federal duty for a period of 90 days or longer. (b) Any service member whose license to practice a profession issued pursuant to any provision of this title expired while such service member was serving on active duty

FRIDAY, MARCH 11, 2005

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outside the state shall be permitted to practice such profession in accordance with such expired license and shall not be charged with a violation of this title related to practicing a profession with an expired license for a period of six months from the date of his or her discharge from active duty or reassignment to a location within the state. Any such service member shall be entitled to renew such expired license without penalty within six months after the date of his or her discharge from active duty or reassignment to a location within the state. The service member must present to the applicable professional licensing board either a copy of the official military orders or a written verification signed by the service members commanding officer to waive any charges.
SECTION 6. Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to landlord and tenant, is amended by inserting at the end thereof a new Code section to read as follows:
44-7-22. (a) As used in this Code section, the term 'service member' means an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard on ordered federal duty for a period of 90 days or longer. (b) Any service member may terminate his or her residential rental or lease agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlords receipt of the notice if any of the following criteria are met:
(1) The service member is required, pursuant to a permanent change of station orders, to move 35 miles or more from the location of the rental premises; (2) The service member is released from active duty or state active duty after having leased the rental premises while on active duty status and the rental premises is 35 miles or more from the service members home of record prior to entering active; (3) After entering into a rental agreement, the service member receives military orders requiring him or her to move into government quarters or the service member becomes eligible to live in and opts to move into government quarters; (4) The service member receives temporary duty orders, temporary change of station orders, or state active duty orders to an area 35 miles or more from the location of the rental premises, provided such orders are for a period exceeding 60 days; or (5) The service member has leased the property but prior to taking possession of the rental premises receives a change of orders to an area that is 35 miles or more from the location of the rental premises. (c) The notice to the landlord pursuant to subsection (b) of this Code section must be accompanied by either a copy of the official military orders or a written verification signed by the service members commanding officer. (d) In the event a service member dies during active duty, an adult member of his or her immediate family may terminate the service members residential rental or lease

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agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlords receipt of the notice. The notice to the landlord must be accompanied by either a copy of the official military orders showing the service member was on active duty or a written verification signed by the service members commanding officer and a copy of the service members death certificate. (e) Upon termination of a rental agreement under this Code section, the service member is liable for the rent due under the rental agreement prorated to the effective date of the termination payable at such time as would have otherwise been required by the terms of the rental agreement. The service member is not liable for any other rent or damages due to the early termination of the tenancy as provided for in this subpart. Notwithstanding any provision of law to the contrary, if a service member terminates the rental agreement pursuant to this Code section 14 or more days prior to occupancy, no damages or penalties of any kind will be assessable. (f) The provisions of this Code section shall apply to all residential rental or lease agreements entered into on or after July 1, 2005, and to any renewals, modifications, or extensions of such agreements in effect on such date. The provisions of this Code section may not be waived or modified by the agreement of the parties under any circumstances.
SECTION 7. Article 1 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions relative to telephone and telegraph service, is amended by inserting at the end thereof the following:
46-5-8. (a) As used in this Code section, the term 'service member' means an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard on ordered federal duty for a period of 90 days or longer. (b) Any service member may terminate his or her wireless telecommunications service contract by providing the wireless telecommunications provider with a written notice of termination, effective on the date specified in the notice, which date shall be at least 30 days after receipt of the notice by the wireless telecommunications provider, if any of the following criteria are met:
(1) The service member is required, pursuant to a permanent change of station orders, to move outside the area served by the wireless telecommunications provider or to an area where the type of wireless telecommunications service being provided to the service member is not available from the wireless telecommunications provider; (2) The service member is discharged or released from active duty or state active duty and will return from such duty to an area not served by the wireless telecommunications provider or where the type of telecommunications service contracted for is not available from the wireless telecommunications provider; (3) The service member is released from active duty after having entered into a

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contract for wireless telecommunications service while on active duty status and the wireless telecommunications provider does not provide telecommunications service or the same type of wireless telecommunications service contracted for in the region of the service members home of record prior to entering active duty; (4) The service member receives military orders requiring him or her to move outside the continental United States; or (5) The service member receives temporary duty orders, temporary change of station orders, or active duty or state active duty orders to an area not served by the wireless telecommunications provider or where the type of wireless telecommunications service contracted for is not available from the wireless telecommunications provider, provided such orders are for a period exceeding 60 days. (c) The written notice to the wireless telecommunications provider must be accompanied by either a copy of the official military orders or a written verification signed by the service members commanding officer. (d) Upon termination of a contract under this Code section, the service member is liable for the amount due under the contract prorated to the effective date of the termination payable at such time as would have otherwise been required by the terms of the contract. The service member is not liable for any other fees due to the early termination of the contract as provided for in this Code section. (e) The provisions of this Code section shall apply to any contract for wireless telecommunications service entered into on or after July 1, 2005, and to any renewals, modifications, or extensions of any such contract in effect on such date and may not be
waived or modified by the agreement of the parties under any circumstances.

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

Senator Stephens of the 27th moved the previous question.

Senator Adelman of the 42nd objected.

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

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance N Chapman Y Douglas

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody

Y Smith N Starr Y Staton Y Stephens N Stoner N Tate
Thomas,D N Thomas,R N Thompson,C N Thompson,S

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N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson

Y Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay E Shafer,D

Y Tolleson Y Unterman N Walker Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the motion, the yeas were 31, nays 23, the motion prevailed; and the previous question was ordered.

On the adoption of the substitute, the yeas were 36, nays 2, and the committee substitute was adopted.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay E Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 55, nays 0.

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SB 258, having received the requisite constitutional majority, was passed by substitute.
At 12:56 p.m. the President announced that the Senate would stand in recess until 1:45 p.m. today.
At 1:45 p.m. the President called the Senate to order.
Senator Brown of the 26th asked unanimous consent that Senator Walker of the 22nd be excused. The consent was granted, and Senator Walker was excused.
Senator Reed of the 35th asked unanimous consent that Senator Seay of the 34th be excused. The consent was granted, and Senator Seay was excused.
The Calendar was resumed.
SB 127. By Senators Staton of the 18th, Shafer of the 48th, Rogers of the 21st, Williams of the 19th, Douglas of the 17th and others:
A BILL to be entitled an Act to amend Chapter 9 of Title 16 of the O.C.G.A., relating to forgery and fraudulent practices, so as to enact the "Georgia Computer Security Act of 2005"; to provide a short title; to provide definitions; to prohibit certain deceptive acts and practices with regard to computers; to require certain notices be given prior to certain software or programs being loaded onto certain computers; to require certain functions be available in certain software; to provide for certain exceptions; to provide for civil and criminal penalties; to provide for recovery of certain damages; to provide for applicability; to provide for related matters; to amend Code Section 16-14-3 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate Science and Technology Committee offered the following substitute to SB 127:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to enact the "Georgia Computer Security Act of 2005"; to provide a short title; to provide definitions; to prohibit certain deceptive acts and practices with regard to computers; to require certain notices be given prior to certain software or programs being loaded onto certain computers; to require certain functions be available in certain software; to provide for certain exceptions; to provide for civil and criminal penalties; to provide for recovery of certain damages; to provide for

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applicability; to provide for related matters; to amend Code Section 16-14-3 of the Official Code of Georgia Annotated, relating to the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," so as to add violations concerning deceptive acts or practices to the list of predicate acts; 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 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, is amended by adding a new Article 9 to read as follows:
ARTICLE 9
16-9-150. This chapter shall be known and may be cited as the 'Georgia Computer Security Act of 2005.'
16-9-151. As used in this chapter, the term:
(1) 'Computer' means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, but such term does not include an automated typewriter or typesetter, a portable hand-held calculator, or other similar device. (2) 'Disable' means, with respect to an information collection program, to permanently prevent such program from executing any of the functions described in paragraph (3) of this Code section that such program is otherwise capable of executing by removing, deleting, or disabling the program unless the owner of a protected computer takes a subsequent affirmative action to enable the execution of such functions. (3) 'Information collection program' means computer software that:
(A) Collects personally identifiable information and sends such information to a person other than the owner or authorized user of the computer or uses such information to deliver advertising to or display advertising on the computer; or (B) Collects information regarding the webpages accessed using the computer and uses such information to deliver advertising to or display advertising on the computer. (4) 'Internet' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such

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protocol, to communicate information of all kinds by wire or radio. (5) 'Personally identifiable information' means the following information, to the extent only that such information allows a living individual to be identified from that information:
(A) First and last name of an individual; (B) A home or other physical address of an individual, including street name, name of a city or town, and ZIP Code; (C) An electronic mail address; (D) A telephone number; (E) A social security number, tax identification number, passport number, drivers license number, or any other government issued identification number; (F) A credit card number; (G) Any access code, password, or account number, other than an access code or password transmitted by an owner or authorized user of a protected computer to the intended recipient to register for, or log onto, a webpage or other Internet service or a network connection or service of a subscriber that is protected by an access code or password; and (H) Date of birth, birth certificate number, or place of birth of an individual, except in the case of a date of birth transmitted or collected for the purpose of compliance with the law. (6) 'Protected computer'' means a computer which, at the time of an alleged violation of this article involving that computer, is located within the geographic boundaries of this state. (7) 'Webpage' means a location, with respect to the World Wide Web, that has a single uniform resource locator or another single location with respect to the Internet.
16-9-152. (a) It shall be an unlawful deceptive act or practice for any person who is not the owner or authorized user of a protected computer to engage in any of the following acts or practices with respect to a protected computer:
(1) Taking control of the computer by: (A) Utilizing such computer to send unsolicited information or material from the protected computer to others; (B) Diverting the Internet browser of the computer, or similar program of the computer used to access and navigate the Internet: (i) Without authorization of the owner or authorized user of the computer; and (ii) Away from the site the user intended to view, to one or more other webpages, such that the user is prevented from viewing the content at the intended webpage, unless such diverting is otherwise authorized; (C) Accessing or using the modem or Internet connection or service for the computer and thereby causing damage to the computer or causing the owner or authorized user to incur unauthorized financial charges; (D) Using the computer as part of an activity performed by a group of computers

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that causes damage to another computer; or (E) Delivering advertisements that a user of the computer cannot close without turning off the computer or closing all sessions of the Internet browser for the computer; (2) Modifying settings related to use of the computer or to the computers access to or use of the Internet by altering: (A) The webpage that appears when the owner or authorized user launches an Internet browser or similar program used to access and navigate the Internet; (B) The default provider used to access or search the Internet, or other existing Internet connections settings; (C) A list of bookmarks used by the computer to access webpages; or (D) Security or other settings of the computer that protect information about the owner or authorized user for the purposes of causing damage or harm to the computer or owner or user; (3) Collecting personally identifiable information through the use of a keystroke logging function; (4) Inducing the owner or authorized user to install a computer software component onto the computer, or preventing reasonable efforts to block the installation or execution of, or to disable, a computer software component by: (A) Presenting the owner or authorized user with an option to decline installation of a software component such that, when the option is selected by the owner or authorized user, the installation nevertheless proceeds; or (B) Causing a computer software component that the owner or authorized user has properly removed or disabled to reinstall or reactivate automatically on the computer; (5) Misrepresenting that installing a separate software component or providing log-in and password information is necessary for security or privacy reasons, or that installing a separate software component is necessary to open, view, or play a particular type of content; (6) Inducing the owner or authorized user to install or execute computer software by misrepresenting the identity or authority of the person or entity providing the computer software to the owner or user; (7) Inducing the owner or authorized user to provide personally identifiable, password, or account information to another person: (A) By misrepresenting the identity of the person seeking the information; or (B) Without the authority of the intended recipient of the information; (8) Removing, disabling, or rendering inoperative a security, antispyware, or antivirus technology installed on the computer; or (9) Installing or executing on the computer one or more additional computer software components with the intent of causing a person to use such components in a way that violates any other provision of this chapter. (b) Except as otherwise provided in this Code section, it shall be unlawful for any person:

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(1) To transmit to a protected computer, which is not owned by such person and for which such person is not an authorized user, any information collection program, unless:
(A) Such information collection program provides notice in accordance with subsection (c) of this Code section before execution of any of the information collection functions of the program; and (B) Such information collection program includes the functions required under subsection (d) of this Code section; or (2) To execute any information collection program installed on such a protected computer unless: (A) Before execution of any of the information collection functions of the program, the owner or an authorized user of the protected computer has consented to such execution pursuant to notice in accordance with subsection (c) of this Code section; and (B) Such information collection program includes the functions required under subsection (d) of this Code section. (c)(1) Notice in accordance with this subsection with respect to an information collection program is clear and conspicuous notice in plain language that meets all of the following requirements: (A) The notice clearly distinguishes such notice from any other information visually presented contemporaneously on the protected computer; (B) The notice contains one of the following statements, as applicable, or a substantially similar statement:
(i) With respect to an information collection program described in subparagraph (A) of paragraph (3) of Code Section 16-9-151: 'This program will collect and transmit information about you. Do you accept?'; (ii) With respect to an information collection program described in subparagraph (B) of paragraph (3) of Code Section 16-9-151: 'This program will collect information about webpages you access and will use that information to display advertising on your computer. Do you accept?'; or (iii) With respect to an information collection program that performs the actions described in both subparagraphs (A) and (B) of paragraph (3) of Code Section 169-151: 'This program will collect and transmit information about you and your computer use and will collect information about webpages you access and use that information to display advertising on your computer. Do you accept?'; (C) The notice provides for the user: (i) To grant or deny consent referred to in subsection (b) of this Code section by selecting an option to grant or deny such consent; and (ii) To abandon or cancel the transmission or execution referred to in subsection (b) of this Code section without granting or denying such consent; (D) The notice provides an option for the user to select to display on the computer, before granting or denying consent using the option required under subparagraph (C) of this paragraph, a clear description of:

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(i) The types of information to be collected and sent, if any, by the information collection program; (ii) The purpose for which such information is to be collected and sent; and (iii) In the case of an information collection program that first executes any of the information collection functions of the program together with the first execution of other computer software, the identity of any such software that is an information collection program; and (E) The notice provides for concurrent display of the information required under subparagraphs (B) and (C) of this paragraph and the option required under subparagraph (D) of this paragraph until the user: (i) Grants or denies consent using the option required under division (i) of subparagraph (C) of this paragraph; (ii) Abandons or cancels the transmission or execution pursuant to division (ii) of subparagraph (C) of this paragraph; or (iii) Selects the option required under subparagraph (D) of this paragraph. (2) In the case in which multiple information collection programs are provided to the protected computer together, or as part of a suite of functionally related software, the notice requirements of subparagraphs (1) and (2) of subsection (b) of this Code section may be met by providing, before execution of any of the information collection functions of the programs, clear and conspicuous notice in plain language in accordance with paragraph (1) of this subsection by means of a single notice that applies to all such information collection programs, except that such notice shall provide the option under subparagraph (D) of paragraph (1) of this subsection with respect to each such information collection program. (3) If an owner or authorized user has granted consent to execution of an information collection program pursuant to a notice in accordance with this Code section: (A) No subsequent such notice is required, except as provided in subparagraph (B) of this paragraph; and (B) The person who transmitted the program shall provide another notice in accordance with this subsection and obtain consent before such program may be used to collect or send information of a type or for a purpose that is materially different from, and outside the scope of, the type or purpose set forth in the initial or any previous notice. (d) The functions required under this Code section to be included in an information collection program that executes any information collection functions with respect to a protected computer are as follows: (1) Disabling function. With respect to any information collection program, a function of the program that allows a user of the program to remove the program or disable operation of the program with respect to such protected computer by a function that: (A) Is easily identifiable to a user of the computer; and (B) Can be performed without undue effort or knowledge by the user of the protected computer; and

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(2) Identity function. With respect only to an information collection program that uses information collected in the manner described in subparagraph (A) or (B) of paragraph (3) of Code Section 16-9-151, a function of the program that provides that each display of an advertisement directed or displayed using such information when the owner or authorized user is accessing a webpage or online location other than that of the provider of the software is accompanied by the name of the information collection program, a logogram or trademark used for the exclusive purpose of identifying the program, or a statement or other information sufficient to clearly identify the program. (e) A telecommunications carrier, a provider of information service or interactive computer service, a cable operator, or a provider of transmission capability shall not be liable, criminally or civilly, under this Code section to the extent that the carrier, operator, or provider: (1) Transmits, routes, hosts, stores, or provides connections for an information collection program through a system or network controlled or operated by or for the carrier, operator, or provider; or (2) Provides an information location tool, such as a directory, index, reference, pointer, or hypertext link, through which the owner or user of a protected computer locates an information collection program. (f) This Code section shall not apply to: (1) Any act taken by a law enforcement agent in the performance of official duties; or (2) The transmission or execution of an information collection program in compliance with a law enforcement, investigatory, national security, or regulatory agency or department of the United States or any state in response to a request or demand made under authority granted to that agency or department, including a warrant issued under the Federal Rules of Criminal Procedure, an equivalent state warrant, a court order, or other lawful process. (g) This Code section shall not apply to: (1) Any monitoring of or interaction with a subscribers Internet or other network connection or service, or a protected computer, by a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service, to the extent that such monitoring or interaction is for network or computer security purposes, diagnostics, technical support, or repair, or for the detection or prevention of fraudulent activities; or (2) A discrete interaction with a protected computer by a provider of computer software solely to determine whether the user of the computer is authorized to use such software that occurs upon:
(A) Initialization of the software; or (B) An affirmative request by the owner or authorized user for an update of, addition to, or technical service for the software. (h) No provider of computer software or of interactive computer service may be held liable, criminally or civilly, under this Code section on account of any action voluntarily taken, or service provided, in good faith to remove or disable a program

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used to violate this Code section that is installed on a computer of a customer of such provider, if such provider notifies the customer and obtains the consent of the customer before undertaking such action or providing such service. (i) A manufacturer or retailer of computer equipment shall not be liable under this Code section, criminally or civilly, to the extent that the manufacturer or retailer is providing third-party branded software that is installed on the equipment the manufacturer or retailer is manufacturing or selling. (j) For the purposes of this Code section, the term 'employer' includes a businesss officers, directors, parent corporation, subsidiaries, affiliates, and other corporate entities under common ownership or control within an enterprise. No employer may be held liable criminally or civilly under this article on account of any actions taken:
(1) With respect to computer equipment used by its employees, contractors, subcontractors, agents, leased employees, or other staff where the employer owns, leases, or otherwise makes available, or which employer allows to be connected to the employers network or other computer facilities; or (2) By employees, contractors, subcontractors, agents, leased employees, or other staff who misuse an employers computer equipment for an illegal purpose without the employers knowledge, consent, or approval. (k) No person shall be liable criminally or civilly under this article when its protected computers have been used by unauthorized persons to violate this Code section or other laws without such persons knowledge, consent, or approval.
16-9-153. Any person that violates the provisions of Code Section 16-9-152 shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or a fine of not more than $3 million, or both.
16-9-154. Any person who suffers personal, property, or economic damages by reason of a violation of Code Section 16-9-152 may initiate a civil action for and recover the greater of:
(1) Five thousand dollars plus expenses of litigation and reasonable attorneys fees; (2) Liquidated damages of $1,000.00 for each violation of Code Section 16-9-152 up to a limit of $2 million per incident, plus expenses of litigation and reasonable attorneys fees; or (3) Actual damages, plus expenses of litigation and reasonable attorneys fees.
16-9-155. The provisions of this article shall not be construed to limit or preclude the applicability of any other provision of criminal or civil law of this state which presently applies or may in the future apply to any transaction or course of conduct which violates Code Section 16-9-152 unless such provision is clearly and irresolvably in conflict with the terms of this article.

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SECTION 2. Code Section 16-14-3 of the Official Code of Georgia Annotated, relating to definitions relating to the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," by striking the word "or" at the end of division (9)(A)(xxxvii), by striking the period at the end of division (9)(A)(xxxviii) and inserting in lieu thereof "; or", and by adding a new division (9)(A)(xxxix) to read as follows:
(xxxix) Code Section 16-9-152, relating to deceptive acts or practices with regard to protected computers.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Adelman of the 42nd offered the following amendment to the committee substitute to SB 127:
By inserting immediately following line 14 of page 9 the following:
"16-9-156. No civil cause of action shall lie against any foreign or Georgia business or its officers, employees, agents, or other persons for providing computer-related records, information, facilities, or assistance to further the investigation of a criminal offense enumerated in Chapter 9 of Title 16 of the Official Code of Georgia to a law enforcement unit as defined in Code Section 35-8-2.2 or a prosecutorial office of this state when said computer-related records, information, facilities, or assistance is provided pursuant to a subpoena, search warrant, order to produce.
16-9-157. Any business located within the State of Georgia that provides electronic communication services or remote computing services as defined by Code Section 16-9-100, when served with a search warrant, subpoena, notice to produce, notice of deposition, or order to disclose properly issued by another state to produce records related to investigation or trial of a criminal offense that would reveal the identity of their customers using those services data stored by, or on behalf of, their customer, their customer's usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications shall produce those requested records as if that search warrant subpoena, notice, or order had been issued by a Georgia court, provided that such business has the right to object that such compliance is unduly burdensome or oppressive."
On the adoption of the amendment, the yeas were 39, nays 0, and the Adelman amendment was adopted.

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

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

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

Y Adelman Balfour
Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance
Chapman Y Douglas Y Fort Y Goggans
Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson
Hooks Y Hudgens
Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay E Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner
Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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

SB 127, having received the requisite constitutional majority, was passed by substitute.

SB 57. By Senators Hamrick of the 30th, Cagle of the 49th, Hill of the 32nd, Smith of the 52nd, Rogers of the 21st and others:

A BILL to be entitled an Act to amend Code Section 17-10-7 of the Official Code of Georgia Annotated, relating to punishment of repeat offenders, so as to provide that a person convicted of the offense of murder who is not sentenced to death and who has previously been convicted of three or more felonies shall be sentenced to life without parole; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Senators Zamarripa of the 36th and Brown of the 26th offered the following amendment:
Amend SB 57 by inserting on line 4 on page 1 after "parole;" the following: to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to create the Georgia Capital Punishment Study Committee; .
By redesignating Sections 2 and 3 as Sections 3 and 4, respectively, and by inserting a new Section 2 to read as follows:
SECTION 2. Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, is amended by inserting at the end thereof a new Code Section 17-10-45 to read as follows:
'17-10-45. There is created the Georgia Capital Punishment Study Commission. The commission shall be composed of 13 members. Appointments should reflect the diversity of the population of Georgia. Members shall be appointed as follows: three members appointed by the Governor, two of whom shall be appointed from the religious community in Georgia and one from the social work profession; two members appointed by the Senate Committee on Assignments, one of whom shall be a Republican and one of whom shall be a Democrat; two members appointed by the Speaker of the House of Representatives, one of whom shall be a Republican and one of whom shall be a Democrat; the director of the Office of the Georgia Capital Defender or his or her designee; the director of the Georgia Public Defender Standards Council or his or her designee; the director of District Attorneys Association of Georgia or his or her designee; the Attorney General or his or her designee; the president of the State Bar of Georgia or his or her designee; and the director of Murder Victims Families for Reconciliation or his or her designee. Members shall be appointed by July 1, 2005. The commission shall choose a chairperson from among its members. Any vacancy in the membership shall be filled in the same manner as the original appointment. The commission shall study all aspects of the death penalty as currently administered in the State of Georgia.'
On the adoption of the amendment, the yeas were 11, nays 26, and the Zamarripa, Brown 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:

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Y Adelman Balfour Brown
Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay E Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner
Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 0.

SB 57, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

Senator Seth Harp District 29 110 State Capitol Atlanta, GA 30334

Committees: Higher Education Judiciary Insurance and Labor Appropriations Veterans and Military Affairs

The State Senate Atlanta, Georgia 30334

Please record a yes vote on SB 57, as I was elsewhere in the Capitol on business.

/s/ Seth Harp, 29th District

SB 274. By Senator Seabaugh of the 28th:

A BILL to be entitled an Act to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, the "Georgia Utility Facility Protection Act," so as

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to add provisions relating to sewer laterals, to repeal conflicting laws; and for other purposes.
The Senate Regulated Industries and Utilities Committee offered the following substitute to SB 274:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, the "Georgia Utility Facility Protection Act," so as to revise comprehensively provisions relating to utility facility protection; to add provisions regarding sewer laterals; to revise definitions; to revise provisions relating to design locate requests; to revise provisions relating to the utilities protection center; to provide for commencing excavation or blasting before the end of the waiting period in some circumstances; to revise provisions relating to costs of re-marking; to revise provisions relating to the responsibilities of excavators and facility owners or operators; to provide for responsibilities of sewer system owners or operators with regard to sewer laterals; to provide for immunity from liability in certain circumstances; to provide for attempted location of utility facilities and sewer laterals by excavators in certain circumstances; to provide for installation of sewer laterals in a manner to make them locatable; to provide for use of a locator; to provide for large projects; to provide for the standard of care for trenchless excavation; to revise provisions relating to emergency excavations; to authorize ordinances requiring bonds for excavators; to provide for calculation of damages in certain civil actions; to revise provisions relating to the advisory committee; to revise provisions relating to commission enforcement of the chapter; to restrict imposition of civil penalties on local governing authorities; to provide for recommendations regarding training in lieu of penalties, findings, and offers of settlement; to provide for civil penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 25 of the Official Code of Georgia Annotated, the "Georgia Utility Facility Protection Act," is amended by striking Code Section 25-9-2, relating to the purpose of the chapter, and inserting in lieu thereof the following:
25-9-2. The purpose of this chapter is 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 and sewer laterals caused by blasting or excavating operations by providing a method whereby the location of utility facilities and sewer laterals will be made known to persons planning to engage in blasting or excavating operations so that such persons may observe proper precautions with respect to such

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utility facilities and sewer laterals.
SECTION 2. Said chapter is further amended by striking Code Section 25-9-3, relating to definitions relative to utility facility protection, and inserting in lieu thereof the following:
25-9-3. As used in this chapter, the term:
(1) 'Abandoned utility facility' means a utility facility taken out of service by a facility owner or operator on or after January 1, 2001. (2) 'Blasting' means any operation by which the level or grade of land is changed or by which earth, rock, buildings, structures, or other masses or materials are rended, torn, demolished, moved, or removed by the detonation of dynamite or any other explosive agent. (3) 'Business days' means Monday through Friday, excluding the following holidays: New Years Day, Birthday of Dr. Martin Luther King, Jr., Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the following Friday, Christmas Eve, and Christmas Day. Any such holiday that falls on a Saturday shall be observed on the preceding Friday. Any such holiday that falls on a Sunday shall be observed on the following Monday. (4) 'Business hours' means the time from 7:00 A.M. to 4:30 P.M. local time on business days. (5) 'Commission' means the Public Service Commission. (6) 'Corporation' means any corporation; municipal corporation; county; authority; joint-stock company; partnership; association; business trust; cooperative; organized group of persons, whether incorporated or not; or receiver or receivers or trustee or trustees of any of the foregoing. (7) 'Damage' means any impact or exposure that results in the need to repair a utility facility or sewer lateral due to the weakening or the partial or complete destruction of the facility or sewer lateral including, but not limited to, the protective coating, lateral support, cathodic protection, or the housing for the line, device, sewer lateral, or facility. (8) 'Design locate request' means a communication to the utilities protection center in which a request for locating existing utility facilities for bidding, predesign, or advance planning purposes is made. A design locate request may not be used for excavation purposes. (9) 'Designate' means to stake or mark on the surface of the tract or parcel of land the location of a utility facility or sewer lateral. (9)(10) 'Emergency' means a sudden or unforeseen occurrence involving a clear and imminent danger to life, health, or property; the interruption of utility services; or repairs to transportation facilities that require immediate action. (10)(11) 'Emergency notice' means a communication to the utilities protection center to alert the involved facility owners or operators of the need to excavate due to an emergency that requires immediate excavation.

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(11)(12) 'Excavating' means any operation by which the level or grade of land is changed or earth, rock, or other material below existing grade is moved and includes, without limitation, grading, trenching, digging, ditching, augering, scraping, directional boring, and pile driving. Such term, however, does not include routine road surface scraping maintenance. 'Excavating' shall not mean include pavement milling or pavement repair that does not exceed the depth of the existing pavement or 12 inches, whichever is less. The term shall not include other routine roadway maintenance activities carried out by employees of the Georgia Department of Transportation acting within the scope of their employment road maintenance employees or contractors, provided that such activities occur entirely within the right of way of a public road, street, or highway of the state; are carried out with reasonable care so as to protect any utility facilities and sewer laterals placed in the right of way by permit; are carried out within the limits of any original excavation on the traveled way, shoulders, or drainage features ditches of a public road, street, or highway, and do not exceed 18 inches in depth below the grade existing prior to such activities; and, if involving the replacement of existing structures, replace such structures in their previous locations and at their previous depth. 'Excavating' shall not include normal farming activities. (12)(13) 'Excavator' means any person engaged in excavating or blasting as defined in this Code section. (13)(14) 'Extraordinary circumstances' means circumstances other than normal operating conditions which exist and make it impractical or impossible for a facility owner or operator to comply with the provisions of this chapter. Such extraordinary circumstances may include, but shall not be limited to, hurricanes, tornadoes, floods, ice and snow, and acts of God. (14)(15) 'Facility owner or operator' means any person or entity with the sole exception of a homeowner who owns, operates, or controls the operation of a utility facility, as defined in this Code section, for the purpose of commercial enterprise. (16) 'Horizontal directional drilling' or 'HDD' means a type of trenchless excavation that uses guidable boring equipment to excavate in an essentially horizontal plane without disturbing or with minimal disturbance to the ground surface. (17) 'Large project' means an excavation that involves more work to locate utility facilities than can reasonably be completed within the requirements of subsection (a) of Code Section 25-9-7. (18) 'Local governing authority' means a county, municipality, or local authority created by or pursuant to general, local, or special Act of the General Assembly, or by the Constitution of the State of Georgia. The term also includes any local authority that is created or activated by an appropriate ordinance or resolution of the governing body of a county or municipality individually or jointly with other political subdivisions of this state. (15)(19) 'Locate request' means a communication between an excavator and the utilities protection center in which a request for locating utility facilities, sewer laterals, or both is processed.

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(20) 'Locator' means a person who is acting on behalf of facility owners and operators in designating the location of the utility facilities and sewer laterals of such owners and operators. (16)(21) 'Mechanized excavating equipment' means all equipment which is powered by any motor, engine, or hydraulic or pneumatic device and which is used for excavating. (22) 'Minimally intrusive excavation methods' means methods of excavation that minimize the potential for damage to utility facilities and sewer laterals. Examples include, but are not limited to, air entrainment/vacuum extraction systems and water jet/vacuum excavation systems operated by qualified personnel and careful hand tool usage and other methods as determined by the Public Service Commission. The term does not include the use of trenchless excavation. (23) 'Permanent marker' means a visible indication of the approximate location of a utility facility or sewer lateral that can reasonably be expected to remain in position for the life of the facility. The term includes, but is not limited to, sewer cleanouts; water meter boxes; and etching, cutting, or attaching medallions or other industry accepted surface markers to curbing, pavement, or other similar visible fixed surfaces. All permanent markers other than sewer cleanouts, water meter boxes, or any other visible component of a utility facility that establish the exact location of the facility must be placed accurately in accordance with Code Section 25-9-9 and be located within the public right of way. Sewer cleanouts, water meter boxes, or any other visible component of a utility facility that establishes the exact location of the facility must be located within ten feet of the public right of way to be considered a permanent marker. (17)(24) 'Person' means an individual, firm, joint venture, partnership, association, municipality local governing authority, state, or other governmental unit, authority, department, agency, or a corporation and shall include any trustee, receiver, assignee, employee, agent, or personal representative thereof. (25) 'Positive response information system' or 'PRIS' means the automated information system operated and maintained by the utilities protection center at its location that allows excavators, locators, facility owners or operators, and other affected parties to determine the status of a locate request or design locate request. (18)(26) 'Service area' means a contiguous area or territory which encompasses the distribution system or network of utility facilities by means of which a facility owner or operator provides utility service. (19) 'Ticket Information Exchange System' means the automated information system to be installed and operated by the utilities protection center that will allow the excavator to determine locate ticket status from information provided by the facility owner or operator. (27) 'Sewer lateral' means an individual customer service line which transports waste water from one or more building units to a utility owned sewer facility. (28) 'Sewer system owner or operator' means the owner or operator of a sewer system. Sewer systems shall be considered to extend to the connection to the

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customers facilities. (29) 'Traffic control devices' means all signs, sign structures, or signals and all associated infrastructure on which the public relies for informational, regulatory, or warning messages concerning the public rights of way. (30) 'Traffic management system' means a network of traffic control devices, monitoring sensors, and personnel, with all associated communications and power services, including all system control and management centers. (20)(31) 'Tolerance zone' means the width of the utility facility or sewer lateral plus 24 inches on either side of the outside edge of the utility facility or sewer lateral on a horizontal plane. (32) 'Trenchless excavation' means a method of excavation that uses boring equipment to excavate with minimal or no disturbance to the ground surface and includes horizontal directional drilling. (33) 'Unlocatable facility' means an underground facility that cannot be marked with reasonable accuracy using generally accepted techniques or equipment commonly used to designate utility facilities and sewer laterals. This term includes, but is not limited to, nonconductive utility facilities and sewer laterals and nonmetallic underground facilities that have no trace wires or records that indicate a specific location. (21)(33) 'Utilities protection center' or 'center' 'UPC' means the corporation or other organization formed by facility owners or operators to provide a joint telephone number notification service for the purpose of receiving advance notification from persons planning to blast or excavate and distributing such notifications to its affected facility owner or operator members. (22)(34) 'Utility facility' means an underground or submerged conductor, pipe, or structure used or designed for use in providing electric or communications service, or an underground or submerged pipe used in carrying, providing, or gathering gas, oil or oil products, sewage, waste water, storm drainage, or water or other liquids, and appurtenances thereto. This does not include utility facilities owned by a homeowner for service at the homeowners residence. All utility facilities shall be considered to extend up to the connection to the customers facilities. The term does not include traffic control devices, traffic management systems, or sewer laterals.
SECTION 3. Said chapter is further amended by striking Code Section 25-9-4, relating to design locate requests and responses, and inserting in lieu thereof the following:
25-9-4. (a) Any person may submit a design locate request to the utilities protection center UPC. Such design locate request shall:
(1) Describe the tract or parcel of land for which the design locate request has been submitted with sufficient particularity, as defined by policies developed and promulgated by the utilities protection center UPC, to enable the facility owner or operator to ascertain the precise tract or parcel of land involved; and

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(2) State the name, address, and telephone number of the person who has submitted the design locate request, as well as the name, address, and telephone number of any other person authorized to review any records subject to inspection as provided in paragraph (3) of subsection (b) of this Code section. (b) Within ten working days after a design locate request has been submitted to the utilities protection center UPC for a proposed project, the facility owner or operator shall respond by one of the following methods: (1) Designate or cause to be designated by a locator in accordance with Code Section 25-9-9 the location of all utility facilities and sewer laterals within the area of the proposed excavation; (2) Provide to the person submitting the design locate request the best available description of all utility facilities and sewer laterals in the area of proposed excavation, which might include drawings of utility facilities and sewer laterals already built in the area, or other facility records that are maintained by the facility owner or operator; or (3) Allow the person submitting the design locate request or any other authorized person to inspect or copy the drawings or other records for all utility facilities and sewer laterals within the proposed area of excavation. (c) Upon responding using any of the methods provided in subsection (b) of this Code section, the facility owner or operator shall provide the response to the UPC in accordance with UPC procedures.
SECTION 4. Said chapter is further amended by striking Code Section 25-9-5, relating to cooperation with the utilities protection center and the point of contact list, and inserting in lieu thereof the following:
25-9-5. (a) All Except as otherwise provided by subsection (b) of this Code section, all facility owners or operators operating or maintaining utility facilities within the state shall participate as members in and cooperate with the utilities protection center UPC. No duplicative center shall be established. The activities of the center UPC shall be funded by all utilities facility owners or operators. (b) Persons who install water and sewer facilities or who own such facilities temporarily until those facilities are accepted by a local governing authority or other entity are not required to participate as members of the UPC and shall not be considered facility owners or operators. All such persons shall install and maintain permanent markers, as defined in Code Section 25-9-3, identifying all water and sewer facilities at the time of the facility installation. All owners or operators of water and sewer facilities that are not owned or operated by a local governing authority are facility owners or operators and shall be members of the UPC. (c) The utilities protection center UPC shall maintain a list of the name, address, and telephone number of the office, department, or other source from or through which information respecting the location of utility facilities of its participating facility owners

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or operators may be obtained during business hours on business days.
SECTION 5. Said chapter is further amended by striking Code Section 25-9-6, relating to prerequisites to blasting or excavating and marking sites, and inserting in lieu thereof the following:
25-9-6. (a) No person shall commence, perform, or engage in blasting or in excavating with mechanized excavating equipment on any tract or parcel of land in any county in this state unless and until the person planning the blasting or excavating has given 48 hours notice by submitting a locate request to the utilities protection center UPC, beginning the next business day after such notice is provided, excluding hours during days other than business days. Any person performing excavation is responsible for being aware of all information timely entered into the PRIS prior to the commencement of excavation. If, prior to the expiration of the 48 hour waiting period, all identified facility owners or operators have responded to the locate request, and if all have indicated that their facilities are either not in conflict or have been marked, then the person planning to perform excavation or blasting shall be authorized to commence work, subject to the other requirements of this Code section, without waiting the full 48 hours. The 48 hours notice shall not be required for excavating where minimally intrusive excavation methods are used exclusively. Any locate request received by the utilities protection center UPC after business hours shall be deemed to have been received by the utilities protection center UPC the next business day. Such locate request shall:
(1) Describe the tract or parcel of land upon which the blasting or excavation is to take place with sufficient particularity, as defined by policies developed and promulgated by the utilities protection center UPC, to enable the facility owner or operator to ascertain the precise tract or parcel of land involved; (2) State the name, address, and telephone number of the person who will engage in the blasting or excavating; (3) Describe the type of blasting or excavating to be engaged in by the person; and (4) Designate the date upon which the blasting or excavating will commence. (b) In the event the location upon which the blasting or excavating is to take place cannot be described with sufficient particularity to enable the facility owner or operator to ascertain the precise tract or parcel involved, the person proposing the blasting or excavating shall mark the route or boundary of the site of the proposed blasting or excavating by means of white paint, white stakes, or white flags if practical, or schedule an on-site meeting with the locator or facility owner or operator and inform the utility protection center UPC, within a reasonable time, of the results of such meeting. (c) Except as otherwise provided in this subsection, notice given pursuant to subsection (a) of this Code section shall expire 21 calendar days following the date of such notice, and no blasting or excavating undertaken pursuant to this notice shall continue after such time has expired. In the event that the blasting or excavating which is the subject of the notice given pursuant to subsection (a) of this Code section will not be completed within 21 calendar days following the date of such notice, an additional notice must be

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given in accordance with subsection (a) of this Code section for the locate request to remain valid. (d) For emergencies, notice shall expire at 7:00 A.M. three business days after the notification is made to the UPC. (d)(e) Except for those persons submitting design locate requests, no person, including facility owners or operators, shall request marking of a site through the utilities protection center UPC unless excavating is scheduled to commence. In addition, no person shall make repeated requests for re-marking, unless the repeated request is required for excavating to continue or due to circumstances not reasonably within the control of such person. Any person who willfully fails to comply with this subsection shall be strictly liable to the facility owner or operator for three times the cost of marking the utility facility, not to exceed $1,000.00 $100.00 or for the costs filed with and approved by the applicable elected authority, whichever is greater, for each repeated request for re-marking. As used in this Code section, the term 'elected authority' includes the Public Service Commission, local government, or any other elected official or body with rate jurisdiction over facility owners or operators. (e)(f) If, subsequent to giving the notice to the utilities protection center UPC required by subsection (a) of this Code section, a person planning excavating determines that such work will require blasting, then such person shall promptly so notify the utilities protection center UPC and shall refrain from any blasting until the facility owner or operator responds within 24 hours, excluding hours during days other than business days, following receipt by the utilities protection center UPC of such notice. (f)(g) When a locate request is made in accordance with subsection (a) of this Code section, excavators other than the person planning the blasting or excavating may conduct such activity, provided that the person planning the blasting or excavating shall remain responsible for ensuring that any stakes or other markings placed in accordance with this chapter remain in place and reasonably visible until such blasting or excavating is completed; and provided, further, that such blasting or excavating is:
(1) Performed on the tract or parcel of land identified in the locate request; (2) Performed by a person authorized by and having a contractual relationship with the person planning the blasting or excavating; (3) The type of blasting or excavating described in the locate request; and (4) Carried out in accordance with all other requirements of this chapter. (h) Facility owners or operators may bill an excavator their costs for any requests for re-marking other than for re-marks with no more than five individual addresses on a single locate request. Such costs shall be documented actual costs and shall not exceed $100.00 per re-mark request.
SECTION 6. Said chapter is further amended by striking Code Section 25-9-7, relating to determining whether utility facilities are present, information to be provided to the utilities protection center, noncompliance, future utility facilities, and abandoned utility facilities, and inserting in lieu thereof the following:

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25-9-7.
(a)(1) Within 48 hours beginning the next business day after the business day following receipt by the utilities protection center UPC of the locate request filed in accordance with Code Section 25-9-6, excluding hours during days other than business days, each facility owner or operator shall determine whether or not utility facilities are located on the tract or parcel of land upon which the excavating or blasting is to occur. If utility facilities are determined to be present, the facility owner or operator shall designate, through stakes, flags, permanent markers, or other marks on the surface of the tract or parcel of land, the location of utility facilities. In the event of extraordinary circumstances, the facility owner or operator shall notify the utilities protection center as provided in subsection (c) of this Code section. This subsection shall not apply to large projects. (2) Designation Such designation of the location of utility facilities through staking or, flagging, permanent markers, or other marking shall be in accordance with the American Public Works Association (APWA) color code in place at the time the location of the utility facility is designated. Additional marking requirements beyond color code, if any, shall be prescribed by rules and regulations promulgated by the Public Service Commission. (3) A facility owner or operator is not required to mark its own facilities within 48 hours if the facility owner or operator or its agents are the only parties performing the excavation; however, such facilities shall be designated prior to the actual start of excavation. (b)(1) Within 48 hours beginning the next business day after the business day following receipt by the UPC of the locate request filed in accordance with Code Section 25-9-6, excluding hours during days other than business days, each sewer system owner or operator shall determine whether or not sewer laterals are located or likely to be located on the tract or parcel of land upon which the excavating or blasting is to occur. If sewer laterals are determined to be present or likely to be present, then the sewer system owner or operator shall assist in designating sewer laterals up to the edge of the public right of way. Such assistance shall not constitute ownership or operation of the sewer lateral by the sewer system owner or operator. Good faith compliance with provisions of this subsection in response to a locate request shall constitute full compliance with this chapter, and no person shall be found liable to any party for damages or injuries as a result of performing in compliance with the requirements of this subsection. (2) To assist in designating sewer laterals, the sewer system owner or operator shall provide its best available information regarding the location of the sewer laterals to the excavator. This information shall be conveyed to the excavator in a manner that may include, but shall not be limited to, any one of the following methods:
(A) Marking the location of sewer laterals in accordance with subsection (a) of this section, provided that:
(i) Any sewer lateral designated using the best available information shall constitute a good faith attempt and shall be deemed to be in compliance with this

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subsection, provided that such mark represents only the best available information of the sewer system owner or operator and may not be accurate; and (ii) If a sewer lateral is unlocatable, a triangular green mark shall be placed at the sewer main pointing at the address in question to indicate the presence of an unlocatable sewer lateral; (B) Providing electronic copies of or delivering the records through overnight mail or by other means to an agreed upon location within 48 hours beginning the next business day after the business day following receipt by the UPC of the locate request filed in accordance with Code Section 25-9-6, excluding hours during days other than business days; (C) Arranging to meet the excavator on site to provide the best available information about the location of the sewer laterals; or (D) Any other reasonable means of conveyance approved by the advisory committee, provided that such means are equivalent to or exceed the provisions of subparagraph (A), (B), or (C) of this paragraph. (b)(c) Each facility owner or operator, either upon determining that no utility facility or sewer lateral is present on the tract or parcel of land or upon completion of the designation of the location of any utility facilities or sewer laterals on the tract or parcel of land as required by subsection (a) or (b) of this Code section, shall provide this information to the utilities protection center UPC in accordance with procedures developed by the utilities protection center UPC, and which may include the use of the Ticket Information Exchange System PRIS. In no event shall such notice be provided later than midnight of the second business day following receipt by the utilities protection center UPC of actual notice filed in accordance with Code Section 25-9-6. (c)(d) In the event the facility owner or operator is unable to designate the location of the utility facilities or sewer laterals due to extraordinary circumstances, the facility owner or operator shall notify the utilities protection center UPC and provide an estimated completion date in accordance with procedures developed by the utilities protection center UPC, which may include the use of the Ticket Information Exchange System PRIS. (d)(e) If, at the end of the time period specified in subsection (a) subsections (a) and (b) of this Code section, any facility owner or operator has not complied with the requirements of subsections (a), and (b), and (c) of this Code section, as applicable, the utilities protection center UPC shall issue a second request to each such facility owner or operator. If the facility owner or operator does not respond to this additional request by 12:00 Noon of that business day, either by notifying the utilities protection center UPC in accordance with procedures developed by the utilities protection center UPC that no utility facilities or sewer laterals are present on the tract or parcel of land, or by designating the location of such utility facilities or sewer laterals in accordance with the provisions of subsections (a) and (b) of this Code section, as applicable, then the person providing notice pursuant to Code Section 25-9-6 may proceed with the excavating or blasting, provided that there is no visible and obvious evidence of the presence of an unmarked utility facility or sewer lateral on the tract or parcel of land. Such person shall

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not be subject to any liability resulting from damage to the utility facility or sewer lateral as a result of the blasting or excavating, provided that such person complies with the requirements of Code Section 25-9-8. (f) If visible and obvious evidence of the presence of an unmarked utility facility or sewer lateral does exist and the facility owner or operator either refuses to comply with subsections (a) through (d) of this Code section, as applicable, or is not a member of the UPC, then the excavator shall attempt to designate such facility or sewer lateral prior to excavating. The facility owner or operator shall be liable for the actual costs associated with the excavator designating such utility facilities and sewer laterals. Such costs shall not exceed $500.00 or documented actual costs, whichever is greater, for each locate request. (e)(g) All utility facilities installed by facility owners or operators on or after January 1, 2001, shall be installed in a manner which will make them locatable using a generally accepted electronic locating method by facility owners or operators. All sewer laterals installed on or after January 1, 2006, shall be installed in a manner which will make them locatable by facility owners or operators using a generally accepted electronic locating method. In the event that an unlocatable utility facility or unlocatable sewer lateral becomes exposed when the facility owner or operator is present or in the case of sewer laterals when the sewer utility owner or operator is present on or after January 1, 2006, such utility facility or sewer lateral shall be made locatable through the use of a permanent marker or an updating of permanent records. (f)(h) Facility owners or operators shall either maintain in a data base recorded information concerning the location and other characteristics of abandoned utility facilities, maintain such abandoned utility facilities in a locatable manner, or remove such abandoned utility facilities. Facility owners or operators shall provide information on abandoned utility facilities, when possible, in response to a locate request or design locate request. When the presence of an abandoned facility within an excavation site is known, the facility owner or operator should attempt to locate and mark the abandoned facility or provide information to the excavator regarding such facilities. When located or exposed, all abandoned utility facilities and sewer laterals shall be treated as live utility facilities and sewer laterals. (i) Notwithstanding any other provision of law to the contrary, a facility owner or operator may use a locator to designate any or all utility facilities and sewer laterals. The use of a locator shall not relieve the facility owner or operator of any responsibility under this chapter. However, by contract a facility owner or operator may be indemnified by a locator for any failure on the part of the locator to comply with the provisions of this chapter. (j) By January 1, 2006, the advisory committee shall propose to the Public Service Commission rules and processes specific to the locating of large projects. These rules shall include, but shall not be limited to, the establishment of detailed processes. Such rules may also include changes in the time period allowed for a facility owner or operator to comply with the provisions of this chapter and to the time period for which designations are valid. The commission shall promulgate rules addressing this

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subsection no later than June 1, 2006. (k)(1) Within 48 hours beginning the next business day after the business day following receipt by the UPC of the locate request filed in accordance with Code Section 25-9-6, excluding hours during days other than business days, each facility owner or operator shall determine whether or not unlocatable facilities other than sewer laterals are present. In the event that such facilities are determined to be present, the facility owner or operator shall exercise reasonable care in locating such facilities. The exercise of reasonable care shall require, at a minimum, the use of the best available information to designate the facilities and notification to the UPC of such attempted location. Placing markers or otherwise leaving evidence of locations of facilities is deemed to be an acceptable form of notification to the excavator or locator. (2) This subsection shall not apply to sewer laterals.
SECTION 7. Said chapter is further amended by striking Code Section 25-9-8, relating to the obligations of blasters and excavators with regard to utility facilities, and inserting in lieu thereof the following:
25-9-8. (a) Persons engaged in blasting or in excavating with mechanized excavating equipment shall not strike, damage, injure, or loosen any utility facility or sewer lateral which has been staked, flagged, or marked in accordance with this chapter. (b) When excavating or blasting is to take place within the tolerance zone, the excavator shall exercise such reasonable care as may be necessary for the protection of the utility facility or sewer lateral, including permanent markers and paint placed to designate utility facilities. This protection shall include, but may not be limited to, hand digging, pot holing, soft digging, vacuum excavation methods, pneumatic hand tools, other mechanical methods with the approval of the facility owner or operator, or other generally accepted methods. For parallel type excavations, the existing facility shall be exposed at intervals as often as necessary to avoid damages. (c) When conducting trenchless excavation the excavator must exercise reasonable care, as described in subsection (b) of this Code section, and shall take additional care to attempt to prevent damage to utility facilities and sewer laterals. The recommendations of the HDD consortium applicable to the performance of trenchless excavation set out in the document 'Horizontal Directional Drilling Good Practice Guidelines,' dated May, 2001, are adopted by reference as a part of this subsection to describe such additional care. The advisory committee shall adopt more stringent criteria as it deems necessary to define additional care. (d) Any person engaged in blasting or in excavating with mechanized excavating equipment who strikes, damages, injures, or loosens any utility facility or sewer lateral, regardless of whether the utility facility or sewer lateral is marked, shall immediately cease such blasting or excavating and notify the utilities protection center UPC and the appropriate facility owner or operator, if known. Upon receiving notice from the

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excavator or the utilities protection center UPC, the facility owner or operator shall send personnel to the location as soon as possible to effect temporary or permanent repair of the damages damage. Until such time as the damage has been repaired, no person shall engage in excavating or blasting activities that may cause further damage to the utility facility or sewer lateral except as provided in Code Section 25-9-12.
SECTION 8. Said chapter is further amended by striking subsection (a) of Code Section 25-9-9, relating to the degree of accuracy required in location information for utility facilities, and the effect on liability of inaccurate information, and inserting in lieu thereof the following:
(a) For the purposes of this chapter, information concerning the location of utility facilities which is provided by a facility owner or operator in accordance with subsection (a) of Code Section 25-9-7 to any person must be accurate to within 24 inches measured horizontally from the outer edge of either side of such utility facilities. If any utility facility becomes damaged by an excavator due to the furnishing of inaccurate information as to its location by the facility owner or operator, such excavator shall not be subject to any liability resulting from damage to the utility facility as a result of the blasting or excavating, provided that such person complies with the requirements of Code Section 25-9-8 and there is no visible and obvious evidence to the excavator of the presence of a mismarked utility facility.
SECTION 9. Said chapter is further amended by striking Code Section 25-9-12, relating to notice requirements for emergency evacuations, and inserting in lieu thereof the following:
25-9-12. The notice requirements provided by Code Section 25-9-6 shall not be required of persons performing emergency excavations or excavation in extraordinary circumstances; provided, however, that any person who engages in an emergency excavation or excavation in extraordinary circumstances shall take all reasonable precautions to avoid or minimize damage to any existing utility facilities and sewer laterals; provided, further, that any person who engages in an emergency excavation or excavation in extraordinary circumstances shall give notice of the emergency excavation as soon as practical to the utilities protection center UPC. In giving such notice, such person must specifically identify the dangerous condition involved. If it is later determined by the commission that the excavation did not qualify as an emergency excavation, all liabilities and penalties will accrue as if no notice had been given.
SECTION 10. Said chapter is further amended by striking Code Section 25-9-13, relating to penalties for violations of the chapter, and inserting in lieu thereof the following:
25-9-13.

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(a) Any person who violates the requirements of Code Section 25-9-6 and whose subsequent excavating or blasting damages utility facilities or sewer laterals shall be strictly liable for:
(1) Any cost All costs incurred by the facility owner or operator in repairing or replacing its damaged facilities; and (2) Any injury or damage to persons or property resulting from damaging the utility facilities and sewer laterals. (b) Each local governing authority is authorized to require by ordinance any bonds on persons performing excavation or blasting in its jurisdiction as it may determine to assure compliance with subsection (a) of this Code section. (b)(c) Any such person who violates the requirements of Code Section 25-9-6 and whose subsequent excavating or blasting damages utility facilities or sewer laterals shall also indemnify the affected facility owner or operator against all claims or costs incurred, if any, for personal injury, property damage, or service interruptions resulting from damaging the utility facilities and sewer laterals. Such obligation to indemnify shall not apply to any county, city, town, or state agency to the extent permitted by law. In any civil action by a facility owner or operator to recover the costs of repairing or replacing facilities damaged through violation of Code Section 25-9-6 or 25-9-8, those costs shall be calculated utilizing generally accepted accounting principles. (c)(d) In addition to the other provisions of this Code section, a professional licensing board shall be authorized to suspend or revoke any professional or occupational license, certificate, or registration issued to a person pursuant to Title 43 whenever such person violates the requirements of Code Section 25-9-6 or 25-9-8. (d)(e) Subsections (a), (b) (c), and (c) (d) of this Code section shall not apply to any person who shall commence, perform, or engage in blasting or in excavating with mechanized equipment on any tract or parcel of land in any county in this state if the facility owner or operator to which notice was given respecting such blasting or excavating with mechanized equipment as prescribed in subsection (a) of Code Section 25-9-6 has failed to comply with Code Section 25-9-7 or has failed to become a member of the utilities protection center UPC as required by Code Section 25-9-5. (e)(f) The commission shall enforce the provisions of this chapter. The commission may promulgate any rules and regulations necessary to implement the commissions authority to enforce this chapter. (f)(g)(1) The commission shall create an advisory committee consisting of: representatives of the following groups and agencies: facility owners or operators; utilities protection center; excavators; municipalities; counties; Georgia Department of Transportation; Governors Office of Consumer Affairs; and underground line locators. The advisory committee shall consist of one representative from each of the above groups and agencies, with the exception of facility owners or operators and excavators, which groups shall each have two representatives on the advisory committee. The commission chairperson or such chairpersons representative shall also serve on the advisory committee.
(A) One member appointed by the Georgia Department of Transportation;

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(B) One member appointed by the Georgia Water Pollution Control Association; (C) One member appointed by the utilities protection center; (D) One member appointed by the Association County Commissioners of Georgia; (E) One member appointed by the Georgia Municipal Association; (F) One representative of the nonmunicipal electric industry appointed by the Georgia Utilities Coordinating Council; (G) Three representatives of excavators appointed by the Georgia Utilities Coordinating Council; (H) One representative of locators appointed by the Georgia Utilities Coordinating Council; (I) One representative of the nonmunicipal telecommunications industry appointed by the Georgia Utilities Coordinating Council; (J) One representative of the nonmunicipal natural gas industry appointed by the Georgia Utilities Coordinating Council; (K) One representative of the municipal gas, electric, or telecommunications industry appointed by the Georgia Municipal Association; and (L) The commission chairperson or such chairpersons designee. The commission chairperson or his or her designee shall serve as chairperson of the advisory committee and shall cast a vote only in the case of a tie. Persons appointed to the advisory committee shall have expert knowledge of this chapter and specific operations expertise with the subject matter encompassed by the provisions of this chapter. All entities charged with making appointments shall make such appointments within 30 days of the effective date of this subsection. The advisory committee shall evaluate the qualifications of each appointee to determine if he or she possesses the requisite expertise. Members of the existing advisory committee shall make this evaluation until the new composition of the advisory committee has been established. The new advisory committee shall be established within 60 days of the effective date of this subsection. (2) The advisory committee shall assist the commission in the enforcement of this chapter, make recommendations to the commission regarding rules and regulations, and shall perform duties to be assigned by the commission including, but not limited to, the review of reported violations of this chapter, and the preparation of recommendations to the commission as to the appropriate penalties to impose on persons violating the provisions of this chapter. (3) The members of the advisory committee shall be immune, individually and jointly, from civil liability for any act or omission done or made in the performance of their duties while serving as members of such advisory committee, but only in the absence of willful misconduct. (g)(h)(1) The commission may, by judgment entered after a hearing on notice duly served on any person not less than 30 days before the date of the hearing, impose a civil penalty not exceeding $10,000.00 for each violation, if it is proved that the person violated any of the provisions of this chapter, as a result of a failure to exercise reasonable care. Any proceeding or civil penalty undertaken pursuant to this Code

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section shall not prevent nor preempt the right of any party to obtain civil damages for personal injury or property damage in private causes of action. Except as otherwise provided by law, this subsection shall not authorize the commission to impose civil penalties on any county, city, town, or state agency. The commission shall inform the counties, cities, towns, or state agencies of reports of alleged violations involving the county, city, town, or state agency and, at the request of the county, city, town, or state agency, suggest corrective action. The fine provided for in this subsection shall not be imposed on a person engaged in farming activities on land such person owns or leases. Commission enforcement of this chapter shall follow the procedures described in this subsection. Nothing in this subsection shall limit the authority of the commission delegated from the federal government and authorized in other state law.
(2)(A) The commission is not authorized to impose civil penalties on any local governing authority except as provided in this paragraph. The commission may recommend training for local governing authorities in response to any probable or proven violation. On or after January 1, 2007, civil penalties may be recommended for or imposed on any local governing authority in the event that the investigators find that the severity of an excavation violation warrants civil penalties or that a local governing authority has demonstrated a willful pattern of noncompliance. Any such civil penalty shall be recommended or imposed in accordance with a tiered penalty structure designed for local governing authorities. In the event that the investigators determine that a local governing authority has made a good faith effort to comply with this chapter, the investigators shall not recommend a civil penalty. (B) No later than January 1, 2006, the advisory committee shall recommend to the commission for adoption a tiered penalty structure for local governing authorities. Such structure shall take into account the size, annual budget, gross receipts, number of utility connections and types of utilities within the territory of the local governing authority. The advisory committee shall establish for each tier the maximum penalty per violation and per 12 month period at a level to induce compliance with this chapter. Such maximum penalty shall not exceed $5,000.00 per violation or $50,000.00 per 12 month period for the highest tier. (3) If commission investigators find that a probable violation has occurred, they may recommend training in lieu of penalties to any person for any violation. The commission shall provide suggestions for corrective action to any person requesting such assistance. Commission investigators shall make recommended findings or offers of settlement to the respondent. (4) Any respondent may accept or disagree with the settlement recommended by the investigators. If the respondent disagrees with the recommended settlement, the respondent may dispute the settlement recommendation to the advisory committee. The advisory committee shall then render a recommendation either supporting the investigators recommendation, rejecting the investigators recommendation, or substituting its own recommendation. With respect to an investigation of any probable violation committed by a local governing authority, any recommendation by the advisory committee shall be in accordance with the provisions of paragraph (2) of this

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subsection. In its deliberations the advisory committee shall consider the gravity of the violation or violations; the degree of the respondents culpability; the respondents history of prior offenses; and such other mitigating factors as may be appropriate. If the advisory committee determines that a respondent has made a good faith effort to comply with this chapter, the committee shall not recommend civil penalties against the respondent. (5) If any respondent disagrees with the recommendation of the advisory committee, after notice and hearing by a hearing officer or administrative law judge, such officer or judge shall make recommendations to the commission regarding enforcement, including civil penalties. Any such recommendations relating to a local governing authority shall comply with the provisions of paragraph (2) of this subsection. The acceptance of the recommendations by the respondent at any point will stop further action by the investigators in that case. (6) The commission may, by judgment entered after a hearing on notice duly served on any person not less than 30 days before the date of the hearing, impose a civil penalty not exceeding $10,000.00 for each violation, if it is proved that the person violated any of the provisions of this chapter as a result of a failure to exercise additional care in accordance with subsection (c) of Code Section 25-9-8 or reasonable care in accordance with other provisions of this chapter. Any such recommendations relating to a local governing authority shall comply with the provisions of paragraph (2) of this subsection. Any proceeding or civil penalty undertaken pursuant to this Code section shall neither prevent nor preempt the right of any party to obtain civil damages for personal injury or property damage in private causes of action except as otherwise provided in this chapter. (h)(i) All civil penalties ordered by the commission and collected pursuant to this Code section shall be deposited in the general fund of the state treasury.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.
Senators Seabaugh of the 28th, Johnson of the 1st and Stoner of the 6th offered the following amendment:
Amend the Senate Committee Substitute to SB 274 by striking lines 12 through 16 of page 9 and inserting in lieu thereof the following:
exceed $1,000.00 $100.00 or for actual costs, whichever is greater, for each repeated request for re-marking.
By striking line 16 of page 11 and inserting in lieu thereof the following: (B) Providing electronic copies of or delivering the records through facsimile or
By striking line 20 of page 11 and inserting in lieu thereof the following:

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days; provided, however, that for local governing authorities that receive fewer than 50 locate requests annually, the local governing authority may designate the agreed upon location and communicate such designation to the excavator;
By striking the word "or" at the end of line 22 of page 11.
By striking line 23 of page 11 and inserting in lieu thereof the following: (D) Providing the records through other processes and to other locations approved by documented agreement between the excavator and the facility owner or operator; or (E) Any other reasonable means of conveyance approved by the commission after receiving recommendations from the advisory committee,
By striking "$500.00" on line 25 of page 12 and inserting in lieu thereof "$100.00"
By striking lines 19 and 20 of page 14 and inserting in lieu thereof the following: committee may recommend to the commission more stringent criteria as it deems necessary to define additional care and the commission is authorized to adopt additional criteria to define additional care.
By striking line 27 of page 16 and inserting in lieu thereof the following: (f)(g)(1) The commission shall create an advisory committee The Governor shall appoint an advisory committee consisting of persons who are employees or officials of or who represent the interests of:
By striking lines 36 and 37 of page 16 and lines 1 through 15 of page 17 and inserting in lieu thereof the following:
(A) One member to represent the Georgia Department of Transportation; (B) One member to represent water systems or water and sewer systems owned or operated by local governing authorities; (C) One member to represent the utilities protection center; (D) One member to represent water systems or water and sewer systems owned or operated by counties; (E) One member to represent water systems or water and sewer systems owned or operated by municipalities; (F) One member to represent the nonmunicipal electric industry; (G) Three members to represent excavators; (H) One member to represent locators; (I) One member to represent the nonmunicipal telecommunications industry; (J) One member to represent the nonmunicipal natural gas industry; (K) One member to represent municipal gas, electric, or telecommuniciations providers; and

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By striking lines 21 through 25 of page 17 and inserting in lieu thereof the following: chapter. The
By striking lines 21 through 23 of page 18 and inserting in lieu thereof the following: or imposed on any local governing authority for refusal to comply with the requirements of Code Section 25-9-7 or for other violations of Code Section 25-9-7 that result in injury to people, damage to property, or the interruption of utility service in the event that investigators find that a local governing authority has demonstrated a pattern of willful noncompliance. Civil penalties may be recommended or imposed on or after January 1, 2006, for violations of provisions of this chapter other than Code Section 259-7 in the event that investigators find that the severity of an excavation violation warrants civil penalties or that a local governing authority has demonstrated a pattern of willful noncompliance. Any such civil penalty
By striking line 32 of page 18 and inserting in lieu thereof the following: authority. Such penalty structure shall also take into account the number of locate requests received annually by the local governing authority from the UPC, the number of utility customers whose service may have been interrupted by violations of this chapter, and the duration of such interruptions. Such penalty structure shall also consider the cost of compliance. The penalty structure shall establish for each tier the maximum penalty
By striking line 24 of page 19 and inserting in lieu thereof the following: (6) The commission is authorized to adopt the recommendation of the advisory committee regarding a civil penalty, or to reject such a recommendation. The commission is not authorized to impose a civil penalty greater than the civil penalty recommended by the advisory committee or to impose any civil penalty if the advisory committee does not recommend a civil penalty. (7) The commission may, by judgment entered after a hearing on notice duly served on
On the adoption of the amendment, the yeas were 35, nays 0, and the Seabaugh et al. amendment was adopted.
On the adoption of the substitute, the yeas were 37, nays 1, and the committee substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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Y Adelman Balfour
N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant
Hamrick N Harbison N Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay E Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner N Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 41, nays 11.

SB 274, having received the requisite constitutional majority, was passed by substitute.

SB 174. By Senators Staton of the 18th, Seabaugh of the 28th, Hudgens of the 47th, Hill of the 32nd, Johnson of the 1st and others:

A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Georgia Consumer Choice of Benefits Health Insurance Plan Act"; to provide for a short title; to provide for legislative findings; to provide definitions; to authorize insurers to offer a choice of benefits health insurance plan in addition to other health insurance plans; to provide for certain notices; to authorize the Commissioner of Insurance to adopt certain rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Senate Insurance and Labor Committee offered the following substitute to SB 174:

A BILL TO BE ENTITLED AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Georgia Consumer Choice of Benefits Health Insurance Plan Act"; to

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provide for a short title; to provide for legislative findings; to provide definitions; to authorize insurers to offer a choice of benefits health insurance plan in addition to other health insurance plans; to provide for certain notices; to authorize the Commissioner of Insurance to adopt certain 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. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new Chapter 59 to read as follows:
CHAPTER 59
33-59-1. This chapter shall be known and may be cited as the 'Georgia Consumer Choice of Benefits Health Insurance Plan Act.'
33-59-2. The General Assembly recognizes the need for individuals, employers, and other purchasers of health insurance coverage in this state to have the opportunity to choose health insurance plans that are more affordable and flexible than existing market policies offering accident and sickness insurance coverage. Therefore, the General Assembly seeks to increase the availability of health insurance coverage by allowing insurers authorized to engage in the business of insurance in this state to issue accident and sickness policies that, in whole or in part, do not offer or provide state mandated health benefits.
33-59-3. As used in this chapter, the term: (1) 'Health benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, executed, or renewed by an insurer in this state on or after July 1, 2005, including, but not limited to, those contracts executed by the Department of Community Health pursuant to paragraph (1) of subsection (f) of Code Section 31-5A-4. The term 'health benefit policy' does not include the following limited benefit insurance policies: accident only, CHAMPUS supplement, dental, disability income, fixed indemnity, long-term care, medicare supplement, specified disease, vision, and nonrenewable individual policies written for a period of less than six months. (2) 'Health insurer' means a health care corporation, health maintenance organization, preferred provider organization, accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, health care organization, health maintenance corporation, provider sponsored health care corporation, any similar

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entity authorized to issue contracts under this title, or the plan administrator of any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45. (3) 'Mandated health benefits' means coverage required under this title or other laws of this state to be provided in an individual, blanket, or group policy for accident and health insurance or a contract for a health related condition that:
(A) Includes coverage for specific health care services or benefits; (B) Places limitations or restrictions on deductibles, coinsurance, copayments, or any annual or lifetime maximum benefit amounts; or (C) Includes a specific category of licensed health care practitioners from whom an insured is entitled to receive care. (4) 'Standard health benefit plan' means a health benefit policy that, in whole or in part, does not offer or provide state mandated health benefits, but that provides creditable coverage as defined by paragraph (1) of subsection (a) of Code Section 33-29A-2. (5) 'State mandated health benefits' means coverages for health care services or benefits, required by state law or state regulations, requiring the reimbursement or utilization related to specific health illnesses, injuries, or conditions of the covered person, or inclusion of a specific category of licensed health care practitioner to be provided to the covered person in an individual, blanket, or group policy or contract for a health related condition of a covered person including, but not limited to, those contained in Code Sections 31-1-20, 31-1-21, 31-1-22, 33-20A-9.1, 33-21-29, 33-2427, 33-24-27.1, 33-24-27.2, 33-24-28.3, 33-24-28.4, 33-24-56, 33-24-58.2, 33-24-59.3, 33-24-59.6, 33-24-59.8, 33-24-59.9, 33-24-59.10, 33-24-59.11, 33-24-72, 33-29-20, 3330-4.3, 33-30-14, and 33-53-2 and any recodifications of such Code sections. The term 'state mandated health benefits' does not mean standard provisions or rights required to be present in an individual, blanket, or group policy or contract for accident and sickness insurance pursuant to state law or regulations unrelated to specific illnesses, injuries, or conditions of the insured, including, but not limited to, those related to continuation of coverage in Code Section 33-24-21.1, Code Section 33-24-21.2, paragraph (4) of Code Section 33-30-4, and paragraph (8) of subsection (b) of Code Section 33-30-6; entitlement to conversion privileges in Code Section 33-24-21.1; termination of coverage in Code Sections 33-24-21 and 33-24-28; coverage of newly born or adopted children in Code Section 33-24-22; coverage for complications of pregnancy in Code Section 33-24-24; direct access to obstetricians and gynecologists in Code Section 33-24-59; surveillance tests for ovarian cancer in Code Section 33-2456.2; colorectal cancer screening and testing in Code Section 33-24-56.3; coverage for treatment of dependent children with cancer in Code Section 33-24-59.1; coverage for equipment and self-management training for individuals with diabetes in Code Section 33-24-59.2; coverage for mammograms, pap smears, and screening for prostate cancer in Code Section 33-30-4.2; and child wellness exams in Code Section 33-30-4.5.
33-59-4. A health insurer may offer one or more standard health benefit plans.

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33-59-5. (a) Each written application for participation in a standard health benefit plan must contain the following language at the beginning of the document in bold type:
'You have the option to choose this Consumer Choice of Benefits Health Insurance Plan that, either in whole or in part, does not provide state mandated health benefits normally required in accident and sickness insurance policies in Georgia. This standard health benefit plan may provide a more affordable health insurance policy for you, although, at the same time, it may provide you with fewer health benefits than those normally included as state mandated health benefits in policies in Georgia. If you choose this standard health benefit plan, please consult with your insurance agent to discover which state mandated health benefits are excluded in this policy.' (b) Each standard health benefit plan must contain the following language at the beginning of the document in bold type: 'This Consumer Choice of Benefits Health Insurance Plan, either in whole or in part, does not provide state mandated health benefits normally required in accident and sickness insurance policies in Georgia. This standard health benefit plan may provide a more affordable health insurance policy for you, although, at the same time, it may provide you with fewer health benefits than those normally included as state mandated health benefits in policies in Georgia. Please consult with your insurance agent to discover which state mandated health benefits are excluded in this policy.'

33-59-6. The commissioner shall adopt rules and regulations as necessary to implement this chapter.

33-59-7. An insurer that offers one or more standard health benefit plans under this chapter must also offer to the group policyholder or employer at least one accident and sickness insurance policy that contains all state mandated health benefits that are otherwise authorized by this title.

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

Senator Thompson of the 33rd moved that SB 174 be placed on the Table.

Senator Seabaugh of the 28th objected.

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

Y Adelman Balfour
Y Brown

N Hill,Jack N Hill,Judson Y Hooks

Smith N Starr N Staton

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N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans N Golden Y Grant Y Hamrick Y Harbison Y Harp N Heath Y Henson

N Hudgens N Johnson Y Jones N Kemp
Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay E Shafer,D

N Stephens Y Stoner Y Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson Y Unterman Y Walker N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the motion, the yeas were 23, nays 29; the motion lost, and SB 174 was not placed on the Table.

Senator Thompson of the 33rd moved that SB 174 be dropped to the foot of today's Senate Rules Calendar.

Senator Seabaugh of the 28th objected.

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

Y Adelman Balfour
Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans N Golden N Grant N Hamrick Y Harbison

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp
Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer

Smith N Starr N Staton N Stephens Y Stoner Y Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson Y Unterman Y Walker N Weber N Whitehead N Wiles

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N Harp N Heath N Henson

N Seabaugh Y Seay E Shafer,D

N Williams Y Zamarripa

On the motion, the yeas were 19, nays 33; the motion lost , and SB 174 was not placed at the foot of the Rules Calendar.

On the adoption of the substitute, the yeas were 31, nays 16, and the committee substitute was adopted.

Senator Reed of the 35th asked unanimous consent that Senator Seay of the 34th be excused. The consent was granted, and Senator Seay was excused.

Senator Stoner of the 6th asked unanimous consent that Senator Meyer von Bremen of the 12th be excused. The consent was granted, and Senator Meyer von Bremen was excused.

Senator Mullis of the 53rd asked unanimous consent that Senator Smith of the 52nd be excused. The consent was granted, and Senator Smith was excused.

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

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

N Adelman Balfour
N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant N Hamrick N Harbison

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson N Jones Y Kemp E Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell N Reed Y Rogers Y Schaefer

E Smith Y Starr Y Staton Y Stephens N Stoner N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson N Unterman N Walker Y Weber Y Whitehead Y Wiles

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N Harp Y Heath N Henson

Y Seabaugh N Seay E Shafer,D

Y Williams N Zamarripa

On the passage of the bill, the yeas were 31, nays 21.

SB 174, having received the requisite constitutional majority, was passed by substitute.

SB 178. By Senator Douglas of the 17th:

A BILL to be entitled an Act to amend Part 5 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of law enforcement and emergency vehicles, so as to provide for restrictions with respect to the use of blue lights; to provide for exceptions; to provide for criminal penalties; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Balfour
Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans
Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp E Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay E Shafer,D

E Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 49, nays 2.

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SB 178, having received the requisite constitutional majority, was passed.
SB 94. By Senators Harp of the 29th, Carter of the 13th, Heath of the 31st, Goggans of the 7th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, the "Georgia Child Custody Intrastate Jurisdiction Act of 1978," so as to change certain provisions relating to actions by physical or legal custodians not being permitted in certain circumstances; to prohibit other persons or entities from maintaining certain actions under certain circumstances; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Balfour
Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson Y Jones Y Kemp E Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh
Seay E Shafer,D

Y Smith Y Starr Y Staton
Stephens Y Stoner Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 47, nays 1.

SB 94, having received the requisite constitutional majority, was passed.

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SB 190. By Senators Tolleson of the 20th, Bulloch of the 11th, Johnson of the 1st and Pearson of the 51st:
A BILL to be entitled an Act to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division, the Environmental Advisory Council, duties of the council, its members, and the director of the division, procedure for aggrieved persons, and inspections, so as to provide that the filing of a petition in certain instances shall not result in a stay of a decision; to amend Code Section 50-13-19 of the Official Code of Georgia Annotated, relating to judicial review of contested cases, so as to provide that the filing of a petition in certain instances shall not result in a stay of a decision except under certain conditions; to repeal conflicting laws; and for other purposes.
Senator Thompson of the 33rd offered the following amendment #1:
Amend SB 190 by striking lines 4 and 5 of page 1 and inserting in lieu thereof the following: "inspections, so as to provide that the filing of a petition shall result in a stay of a decision; to amend Code Section 50-13-19 of the Official Code of Georgia".
By striking lines 19 through 21 of page 1 and inserting in lieu thereof the following: "the Board of Natural Resources. In cases involving the grant of a permit, permit amendment, or variance by the director, the filing of such a petition by any person to whom such order or action is not directed shall stay such order or action for a period of 30 days from the date of such filing. The hearing".
On the adoption of the amendment, the yeas were 41, nays 0, and the Thompson of the 33rd amendment #1 was adopted.
Senator Smith of the 52nd offered the following amendment #2:
Amend SB 190 by deleting on page 1, line 4 the word, "not"
and by deleting on page 1, line 21 the word "not" after the word "shall"
and by inserting on page 1, line 21 after the words "stay such order or action" the following: "for a period of 180 days"
and by inserting on page 2, line 16 after the word "a" the following: "judicial"
On the adoption of the amendment, the yeas were 17, nays 25, and the Smith amendment #2 was lost.

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Senator Henson of the 41st offered the following amendment #3:

Amend SB 190 by to amend SB 190 line 18 to add language to read ", any person seeking a stay shall have the right to seek a temporary restraining order under OCGA 911-65.

Senator Henson of the 41st asked unanimous consent that the following words "page 2" be added before the words "line 18".

The consent was granted and amendment #3 was administratively corrected.

On the adoption of the amendment, the yeas were 46, nays 0, and the Henson amendment #3 was adopted as administratively corrected.

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

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

N Adelman Balfour
N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden N Grant N Hamrick N Harbison N Harp Y Heath N Henson

N Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson
Jones N Kemp Y Me V Bremen N Miles N Moody Y Mullis Y Pearson Y Powell N Reed Y Rogers Y Schaefer
Seabaugh Y Seay E Shafer,D

Y Smith Y Starr Y Staton Y Stephens N Stoner N Tate Y Thomas,D N Thomas,R N Thompson,C Y Thompson,S Y Tolleson Y Unterman N Walker Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 32, nays 20.

SB 190, having received the requisite constitutional majority, was passed as amended.

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Senator Hudgens of the 47th asked unanimous consent that Senator Unterman of the 45th be excused. The consent was granted, and Senator Unterman was excused.
Senator Harbison of the 15th asked unanimous consent that Senator Hooks of the 14th be excused. The consent was granted, and Senator Hooks was excused.
SB 277. By Senators Cagle of the 49th, Pearson of the 51st and Hudgens of the 47th:
A BILL to be entitled an Act to amend Article 9 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Hazardous Site Reuse and Redevelopment Act," so as to change certain provisions relating to definitions; to provide that certain persons who purchased property after July 1, 2002, and before January 1, 2005, shall be treated as prospective purchasers for purposes of said Act; to repeal conflicting laws; and for other purposes.
The Senate Natural Resources and the Environment Committee offered the following substitute to SB 277:
A BILL TO BE ENTITLED AN ACT
To amend Article 9 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Hazardous Site Reuse and Redevelopment Act," so as to change certain provisions relating to definitions; to change certain provisions relating to criteria for property to qualify for limitation of liability; to change certain provisions relating to exceptions to limitation of liability; to provide that certain persons who purchased property after July 1, 2002, and before July 1, 2005, shall be treated as prospective purchasers for purposes of said Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 9 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Hazardous Site Reuse and Redevelopment Act," is amended by striking Code Section 12-8-202, relating to definitions, and inserting in lieu thereof the following:
12-8-202. (a) Unless otherwise provided in this article, the definition of all terms included in Code Sections 12-8-62 and 12-8-92 shall be applicable to this article. (b) As used in this article, the term:
(1) 'Certificate of compliance' means the certification of compliance with a corrective action plan required by Code Section 12-8-207. (2) 'Corrective action plan' means the corrective action plan required by Code Section 12-8-207.

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(3) 'Groundwater' means any subsurface water that is in a zone of saturation. (4) 'Hazardous site inventory' means the hazardous site inventory published by the division pursuant to Code Section 12-8-97. (4.1) 'Petroleum' means petroleum, including crude oil or any fraction thereof (including gasoline, gasohol, diesel fuel, fuel oils including #2 fuel oil, kerosene, or jet turbine fuel) that is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute). (5) 'Preexisting release' means a release, as such term is defined in paragraph (11) of Code Section 12-8-92, which occurred prior to the prospective purchasers application for a limitation of liability pursuant to this article. The term 'preexisting release' includes but is not limited to release of petroleum even if such release is from an underground storage tank system as defined in paragraph (18) of Code Section 12-133. (6) 'Prospective purchaser' means a person who intends to purchase a property where there is a preexisting release. (7) 'Qualifying property' means a property which meets the criteria of Code Section 12-8-205 which a prospective purchaser intends to purchase and bring into compliance with the risk reduction standards. (8) 'Risk reduction standards' means those standards promulgated by the board pursuant to Part 2 of Article 3 of this chapter. (9) 'Soil' means any unconsolidated earth material, together with any unconsolidated plant or animal matter or foreign material that has been incorporated into it, that either consists of or remains within, or comes to be deposited on, native soil or regolith. (10) 'Source material' means any hazardous waste, hazardous substance, or hazardous constituent that has been released or disposed of that requires notification in accordance with the rules promulgated by the board pursuant to Part 2 of Article 3 of this chapter preexisting release that acts or may likely act as a reservoir for continued releases to groundwater, soil, surface water, or air or act as a source for direct exposure.
SECTION 2. Said article is further amended by striking Code Section 12-8-205, relating to criteria for property to qualify for limitation of liability, and inserting in lieu thereof the following:
12-8-205. In order to be considered a qualifying property for a limitation of liability as provided in Code Section 12-8-207, a property must meet the following criteria:
(1) The property must have a preexisting release; (2) Any lien filed under subsection (e) of Code Section 12-8-96 or subsection (b) of Code Section 12-13-12 against the property must be satisfied or settled and released by the director pursuant to Code Section 12-8-94 or Code Section 12-13-6, and satisfactory provision must have been made as determined by the director for the repayment to the division of any funds expended by the division from the federal Leaking Underground Storage Tank Trust Fund;

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(3) The property must not: (A) Be listed on the federal National Priorities List pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601, et seq.; (B) Be currently undergoing response activities required by an order of the regional administrator of the federal Environmental Protection Agency issued pursuant to the provisions of such act; or (C) Be a hazardous waste facility as defined in Code Section 12-8-62; and
(4) The property shall meet other criteria as may be established by the board as provided in this article and Article 3 of this chapter.
SECTION 3. Said article is further amended by striking subsection (c) of Code Section 12-8-208, relating to exceptions to limitation of liability, and inserting in lieu thereof the following:
(c) The limitation of liability provided by this article shall be fully transferable to the heirs, assigns, successors in title, and designees of the person to whom such limitation of liability is granted; provided, however, that in no event shall the directors approval of a corrective action plan or concurrence with a certification of compliance operate to absolve from liability any party deemed to be a person who has contributed or is contributing to a release at the qualifying property. A; and provided, further, that a transfer of the title to the qualifying property or any portion thereof from the prospective purchaser back to the owner of the property from which the subject property was purchased, any other party deemed to be a person who has contributed or is contributing to a release at the property, or any person disqualified from obtaining a limitation of liability under Code Section 12-8-206 shall terminate any limitation of liability applicable to the transferor under this article.
SECTION 4. Said article is further amended by adding a new Code section to read as follows:
12-8-210. The provisions of this article applicable to prospective purchasers shall also apply to any person who purchased a property after July 1, 2002, and before July 1, 2005, where there was a preexisting release at the time of purchase, such purchaser did not cause or contribute to such preexisting release, and such purchaser applies for the limitation of liability provided by this article on or before January 1, 2006.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 37, nays 0, and the committee substitute was adopted.

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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:

N Adelman Balfour Brown
Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson
Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay E Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner
Tate Y Thomas,D N Thomas,R N Thompson,C Y Thompson,S Y Tolleson E Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 46, nays 3.

SB 277, having received the requisite constitutional majority, was passed by substitute.

Senator Whitehead of the 24th asked unanimous consent that Senator Grant of the 25th be excused. The consent was granted, and Senator Grant was excused.

Senator Butler of the 55th asked unanimous consent that Senator Brown of the 26th be excused. The consent was granted, and Senator Brown was excused.

Senator Stoner of the 6th asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused.
Senator Heath of the 31st asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.

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SB 2. By Senators Hamrick of the 30th, Johnson of the 1st, Stephens of the 27th, Seabaugh of the 28th, Smith of the 52nd and others:

A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 15 of the O.C.G.A., relating to trial juries, so as 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 O.C.G.A., 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 repeal conflicting laws; and for other purposes.

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

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

Y Adelman Balfour
E Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden E Grant Y Hamrick N Harbison Y Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh N Seay E Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner N Tate Y Thomas,D N Thomas,R E Thompson,C Y Thompson,S Y Tolleson E Unterman N Walker Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 37, nays 10.

SB 2, having received the requisite constitutional majority, was passed.

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SB 84. By Senators Staton of the 18th, Williams of the 19th, Chapman of the 3rd, Rogers of the 21st, Chance of the 16th and others:
A BILL to be entitled an Act to amend Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to form of proper identification at polls, so as to change the forms of identification that are acceptable at the polls; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate State and Local Governmental Operations Committee offered the following substitute to SB 84:
A BILL TO BE ENTITLED AN ACT
To revise the forms of identification that are acceptable in order to register and to vote in this state; to provide a short title; to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to change the forms of identification that are acceptable for voter registration, for absentee voting, and for voting at the polls; to require the Secretary of State to ensure that certain information is contained on the lists of electors used at polling places; to provide for the confidentiality of certain information; to amend Code Section 40-5-103 of the Official Code of Georgia Annotated, relating to fee for identification cards, so as to provide that fees for identification cards for persons who are indigent and need an identification card in order to vote shall be waived under certain circumstances; 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. This Act shall be known and may be cited as the "Joe Burton Voter Act of 2005."
SECTION 2. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by striking subsection (c) of Code Section 21-2-220, relating to application for registration, and inserting in lieu thereof a new subsection (c) to read as follows:
(c) Except as otherwise provided in this subsection, electors who register to vote for the first time in this state by mail must present current and valid identification either when registering to vote by mail or when voting for the first time after registering to vote by mail. The current and valid identification shall be one or more of those forms of identification provided in subsection (c) of Code Section 21-2-417 or a legible copy thereof. The registrars shall make copies of any original forms of identification

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submitted by applicants and return the originals to the applicants. The requirement to submit identification shall not apply to:
(1) Persons who submit identifying information with their applications that the registrars are able to match to information contained on a state database data base available to such registrars containing the same number, name, and date of birth as contained in the application; (2) Persons who are entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff, et seq.; or (3) Persons who are entitled to vote otherwise than in person under any other federal law.
SECTION 3. Said chapter is further amended by striking subsection (g) of Code Section 21-2-224, relating to official list of electors, and inserting in lieu thereof a new subsection (g) to read as follows:
(g) The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct shall include only the electors name, address, ZIP Code, date of birth, voter identification number, a designation of whether the elector registered for the first time in this state by mail and is required to comply with Code Sections 21-2-220 and 21-2-417, congressional district, state Senate district, state House district, county commission district, if any, county or independent board of education district, if any, and municipal governing authority district designations, if any, and such other voting districts, if any. The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct may also include codes designating that an elector has voted by absentee ballot, has been challenged, or has been sent mail by the registrars which has been returned marked undeliverable. No person whose name does not appear on the official list of electors shall vote or be allowed to vote at any election, except as otherwise provided in this article. The Secretary of State shall ensure that the information required to notify poll officers that an elector registered to vote for the first time in this state by mail and must comply with subsection (c) of Code Section 21-2-220 and subsection (c) of Code Section 21-2-417 is placed on each list of electors to be used at a polling place.
SECTION 4. Said chapter is further amended by striking subsection (b) of Code Section 21-2-225, relating to confidentiality of original registration applications, and inserting in lieu thereof a new subsection (b) to read as follows:
(b) All data collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article shall be available for public inspection with the exception of bank statements submitted pursuant to subsection (b) (c) of Code Section 21-2-220 and subsection (c) of Code Section 21-2417 and the social security numbers of the electors and the locations at which the

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electors applied to register to vote which shall remain confidential and be used only for voter registration purposes; provided, however, that social security numbers of electors may be made available to other state agencies if the agency is authorized to maintain information by social security number and the information is used only to identify the elector on the receiving agencys data base and is not disseminated further and remains confidential.
SECTION 5. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots, and inserting in lieu thereof a new paragraph (1) to read as follows:
(a)(1)(A) The board of registrars or absentee ballot clerk shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in this subsection. (B) Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the receipt of the ballot on its envelope. The registrar or clerk shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or mark on the oath with the signature or mark on the absentee electors application for absentee ballot or a facsimile of said signature or mark taken from said application, and shall, if the information and signature appear to be valid, so certify by signing or initialing his or her name below the voters oath. Each electors name so certified shall be listed by the registrar or clerk on the numbered list of absentee voters prepared for his or her precinct. (C) If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrars or clerks office, or if the elector is otherwise found disqualified to vote, the registrar or clerk shall write across the face of the envelope 'Rejected,' giving the reason therefor. The board of registrars or absentee ballot clerk shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars or absentee ballot clerk for at least one year. (D) An elector who registered to vote by mail, but did not comply with subsection (c) of Code Section 21-2-220, and who votes for the first time in this state by absentee ballot shall include with his or her application for an absentee ballot or in the outer oath envelope of his or her absentee ballot either one of the forms of identification listed in subsection (a) of Code Section 21-2-417 or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of such elector. If such elector does not provide any of the forms of identification listed in this subparagraph with his or her application for an absentee ballot or with the absentee ballot, such absentee ballot shall be deemed to be a provisional ballot and such ballot shall only be counted if the registrars are able to verify current and valid

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identification of the elector as provided in this subparagraph within the time period for verifying provisional ballots pursuant to Code Section 21-2-419. (E) Three copies of the numbered list of voters shall also be prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee voters and three copies of the numbered list of rejected absentee voters for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters. (F) All absentee ballots returned to the board or absentee ballot clerk after the closing of the polls on the day of the primary or election shall be safely kept unopened by the board or absentee ballot clerk and then transferred to the appropriate clerk for storage for the period of time required for the preservation of ballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. (G) The board of registrars or absentee ballot clerk shall promptly notify the elector by first-class mail that the electors ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary or election. (H) All such late absentee ballots shall be delivered to the appropriate clerk and stored as provided in Code Section 21-2-390.
SECTION 6. Said chapter is further amended by striking Code Section 21-2-417, relating to form of proper identification at polls, and inserting in lieu thereof a new Code Section 21-2-417 to read as follows:
21-2-417. (a) Each Except as provided in subsection (c) of this Code section, each elector shall present proper identification to a poll worker at or prior to completion of a voters certificate at any polling place and prior to such persons admission to the enclosed space at such polling place. Proper identification shall consist of any one of the following:
(1) A valid Georgia drivers license; (2) A valid identification card issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification, provided that such identification card contains a photograph of the elector; (3) A valid United States passport; (4) A valid employee identification card containing a photograph of the elector and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state; or (5) A valid employee identification card containing a photograph of the elector and issued by any employer of the elector in the ordinary course of such employers business; (6) A valid student identification card containing a photograph of the elector from

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any public or private college, university, or postgraduate technical or professional school located within the State of Georgia; (7) A valid Georgia license to carry a pistol or revolver; (8) A valid pilots license issued by the Federal Aviation Administration or other authorized agency of the United States; (9)(5) A valid United States military identification card;. (10) A certified copy of the electors birth certificate; (11) A valid social security card; (12) Certified naturalization documentation; (13) A certified copy of court records showing adoption, name, or sex change; (14) A current utility bill, or a legible copy thereof, showing the name and address of the elector; (15) A bank statement, or a legible copy thereof, showing the name and address of the elector; (16) A government check or paycheck, or a legible copy thereof, showing the name and address of the elector; or (17) A government document, or a legible copy thereof, showing the name and address of the elector. (b) If Except as provided in subsection (c) of this Code section, if an elector is unable to produce any of the items of identification listed in subsection (a) of this Code section, he or she shall sign a statement under oath in a form approved by the Secretary of State, separate and distinct from the electors voter certificate, swearing or affirming that he or she is the person identified on the electors voter certificate. Such person shall not be allowed to vote. without undue delay; provided, however, that an elector who registered for the first time in this state by mail and did not provide one of the forms of identification set forth in subsection (a) of this Code section at the time of registration and who is voting for the first time may vote a provisional ballot pursuant to Code Section 21-2-418 upon swearing or affirming that the elector is the person identified in the electors voter certificate. Such provisional ballot shall only be counted if the registrars are able to verify current and valid identification of the elector as provided in this Code section within the time period for verifying provisional ballots pursuant to Code Section 21-2-419. Falsely swearing or affirming such statement under oath shall be punishable as a felony, and the penalty shall be distinctly set forth on the face of the statement Any elector without valid identification as provided in this Code section may leave the polling place and return at any time prior to the close of the polls with valid identification as provided in this Code section and then be allowed to vote. (c) An elector who registered to vote by mail, but did not comply with subsection (c) of Code Section 21-2-220, and who votes for the first time in this state shall present to the poll workers either one of the forms of identification listed in subsection (a) of this Code section or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of such elector. If such elector does not have any of the forms of identification listed in this

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subsection, such elector may vote a provisional ballot pursuant to Code Section 21-2418 upon swearing or affirming that the elector is the person identified in the electors voter certificate. Such provisional ballot shall only be counted if the registrars are able to verify current and valid identification of the elector as provided in this subsection within the time period for verifying provisional ballots pursuant to Code Section 21-2419. Falsely swearing or affirming such statement under oath shall be punishable as a felony, and the penalty shall be distinctly set forth on the face of the statement.
SECTION 7. Code Section 40-5-103 of the Official Code of Georgia Annotated, relating to fee for identification cards, is amended by adding a new subsection (d) to read as follows:
(d) The department shall not be authorized to collect a fee for an identification card from any person:
(1) Who swears under oath that he or she is indigent and cannot pay the fee for an identification card, that he or she desires an identification card in order to vote in a primary or election in Georgia, and that he or she does not have any other form of identification that is acceptable under Code Section 21-2-417 for identification at the polls in order to vote; and (2) Who produces evidence that he or she is registered to vote in Georgia. This subsection shall not apply to a person who has been issued a drivers license in this state.
SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
Senators Reed of the 35th, Brown of the 26th, Thompson of the 33rd, Tate of the 38th, Thomas of the 2nd and others offered the following amendment #1 to the committee substitute to SB 84 as follows:
By striking the underscored word "or" of line 13 of page 5.
By striking lines 14 through 34 of page 5 and inserting in lieu thereof:
"(5) A valid employee identification card containing a photograph of the elector and issued by any employer of the elector in the ordinary course of such employer's business; (6) A valid student identification card containing a photograph of the elector from any public or private college, university, or postgraduate technical or professional school located within the State of Georgia; (7) A valid Georgia license to carry a pistol or revolver;

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(8) A valid pilot's license issued by the Federal Aviation Administration or other authorized agency of the United States; (9) A valid United States military identification card; (10) A certified copy of the elector's birth certificate; (11) A valid social security card; (12) Certified naturalization documentation; (13) A certified copy of court records showing adoption, name, or sex change; (14) A government check or paycheck, or legible copy thereof, showing the name and address of elector; or (15) A government document, or a legible copy thereof, showing the name and address of the elector."

Senators Reed of the 35th, Brown of the 26th, Thompson of the 33rd, Seay of the 34th, Thomas of the 2nd and others offered the following amendment #2 to the committee substitute to SB 84 as follows:

By inserting immediately following line 28 of page 6 the following:

"(d) Wherever a branch, department, agency or entity of the State of Georgia issues identification cards or driver's licenses, the State of Georgia shall issue at no cost identification cards which contain a picture of the applicant if the applicant's income is less than the federal poverty level."

Senator Stephens of the 27th moved the previous question.

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

N Adelman Balfour
N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer

Y Smith N Starr Y Staton Y Stephens N Stoner N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson Y Unterman N Walker Y Weber Y Whitehead Y Wiles

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Y Harp Y Heath N Henson

Y Seabaugh N Seay E Shafer,D

Y Williams N Zamarripa

On the motion, the yeas were 32, nays 22, the motion prevailed; and the previous question was ordered.

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

Y Adelman Balfour
Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

Y Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay E Shafer,D

N Smith Y Starr N Staton N Stephens Y Stoner Y Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 23, nays 31, and the Reed et al. amendment #1 was lost.

Senator Fort of the 39th moved that SB 84 be placed on the Table.

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

Y Adelman Balfour
Y Brown N Bulloch Y Butler N Cagle

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones

N Smith Y Starr N Staton N Stephens Y Stoner Y Tate

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N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay E Shafer,D

N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the motion, the yeas were 22, nays 32; the motion lost, and SB 84 was not placed on the Table.

Senator Reed of the 35th moved that the Senate adjourn.

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

Y Adelman Balfour
Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay E Shafer,D

N Smith Starr
N Staton N Stephens Y Stoner Y Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the motion, the yeas were 21, nays 32; the Senate did not adjourn.

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

Y Adelman Balfour
Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles Y Moody N Mullis Y Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay E Shafer,D

N Smith Y Starr N Staton N Stephens Y Stoner Y Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 24, nays 30, and the Reed et al. amendment #2 was lost.

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

N Adelman Balfour
N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans N Golden Y Grant

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell N Reed

Y Smith N Starr Y Staton Y Stephens N Stoner N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson Y Unterman N Walker Y Weber

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Y Hamrick N Harbison Y Harp Y Heath N Henson

Y Rogers Y Schaefer Y Seabaugh N Seay E Shafer,D

Y Whitehead Y Wiles Y Williams N Zamarripa

On the adoption of the substitute, the yeas were 32, nays 22, 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 Balfour
N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson

N Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell
Reed Y Rogers Y Schaefer Y Seabaugh N Seay E Shafer,D

Y Smith N Starr Y Staton Y Stephens N Stoner N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson Y Unterman N Walker Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 31, nays 22.

SB 84, having received the requisite constitutional majority, was passed by substitute.

The following communication was received by the Secretary:

Senator Kasim Reed District 35

Committees: Ethics Higher Education

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322 Legislative Office Building Atlanta, GA 30334

Judiciary State and Local Governmental Operations Transportation

The State Senate Atlanta, Georgia 30334

On SB 84, I vote NO.

/s/ Kasim Reed, 35th District

SB 282. By Senators Williams of the 19th, Seabaugh of the 28th and Balfour of the 9th:

A BILL to be entitled an Act to amend the O.C.G.A., and in particular Title 28, relating to the General Assembly, so as to recognize and accomplish certain changes in the organization of the legislative branch of government; to change provisions relating to the Legislative Services Committee, including provisions relating to the membership, powers and duties, and operations of the committee; to abolish the Legislative Budget Office and the position of legislative budget analyst; to change provisions relating to the Fiscal Affairs Subcommittees and their membership and meetings; to change provisions relative to the procedure for consideration of bills having a significant impact on state revenues or expenditures; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senators Cagle of the 49th, Johnson of the 1st and Williams of the 19th offered the following amendment:

Amend SB 282 by striking on line 25 of page 1 Pro Tempore .

By striking lines 6 and 7 of page 2 and inserting the following: of the House of Representatives, the President Pro Tempore of the Senate, the Speaker Pro Tempore of the House of .

By striking lines 22 and 23 of page 5 and inserting the following: (3) The Lieutenant Governor-Elect, if there be one, or if not, the Lieutenant Governor.

By striking lines 4 through 10 of page 6 and inserting the following: The Fiscal Affairs Subcommittee of the Senate shall meet from time to time at the call of the President of the Senate or the chairman chairperson of the Senate subcommittee; and the Fiscal Affairs Subcommittee of the House shall meet from time to time at the call of the Speaker of the House of Representatives or the chairman

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chairperson of the House subcommittee. Such subcommittees may meet jointly at the call of the Lieutenant Governor and the Speaker or of the respective subcommittee chairmen chairpersons.

On the adoption of the amendment, the yeas were 31, nays 0, and the Cagle 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 Balfour Brown Y Bulloch Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Fort Y Goggans Golden Y Grant Y Hamrick Harbison Y Harp Y Heath Henson

Y Hill,Jack Y Hill,Judson
Hooks Y Hudgens Y Johnson
Jones N Kemp
Me V Bremen Miles Y Moody Y Mullis Y Pearson Powell Reed Y Rogers Y Schaefer Y Seabaugh Seay E Shafer,D

Y Smith Y Starr Y Staton Y Stephens
Stoner Tate Y Thomas,D Thomas,R Thompson,C Thompson,S Y Tolleson Y Unterman Walker Y Weber Y Whitehead Y Wiles Y Williams Zamarripa

On the passage of the bill, the yeas were 32, nays 1.

SB 282, having received the requisite constitutional majority, was passed as amended.

SB 283. By Senators Bulloch of the 11th and Williams of the 19th:

A BILL to be entitled an Act to amend Part 3 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to submerged cultural resources, so as to change certain provisions relating to permits and authorization to contract for investigation, survey, or recovery operations and

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renewal and revocation of permits; to provide that the Department of Natural Resources shall establish a program to authorize deadhead logging operations in certain locations and under certain conditions; to provide for administration of such a program; to define certain terms; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
The Senate Natural Resources and the Environment Committee offered the following substitute to SB 283:
A BILL TO BE ENTITLED AN ACT
To amend Part 3 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to submerged cultural resources, so as to change certain provisions relating to permits and authorization to contract for investigation, survey, or recovery operations and renewal and revocation of permits; to provide that the Department of Natural Resources shall establish a program to authorize deadhead logging operations in certain locations and under certain conditions; to provide for administration of such a program; to define certain terms; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 3 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to submerged cultural resources, is amended in Code Section 12-3-82, relating to permits and authorization to contract for investigation, survey, or recovery operations and renewal and revocation of permits, by adding a new subsection to read as follows:
(f) This Code section shall not apply to deadhead logs, which shall be subject to the provisions of Code Section 12-3-82.1. This subsection shall stand repealed on January 1, 2008.
SECTION 2. Said part is further amended by adding a new Code section to read as follows:
12-3-82.1. (a) As used in this Code section, the term:
(1) 'Deadhead logs' means logs that were commercially harvested from forests in this state during the nineteenth or twentieth century and that sank or were sunken in a river either while in the process of being floated to mill or market or intentionally for storage. (2) 'River' means a navigable part of the Altamaha or Flint River only; provided, however, that such term does not include any segment of a stream of water which segment is a boundary of the State of Georgia as described in Article 1 of Chapter 2

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of Title 50, nor does such term include any other parts or tributaries of the Altamaha or Flint Rivers or any part of any other river. (b) The department shall establish a program for the granting, renewal, and revocation of exclusive permits for investigation, survey, or recovery of deadhead logs from particular segments of rivers, any such segment to be two river miles in length. Except as otherwise provided by subsection (i) of this Code section, the provisions for disposition of surplus property under Article 4 of Chapter 5 of Title 50 shall not apply to disposition of deadhead logs recovered pursuant to permits issued under this Code section. (c) Upon the establishment of such program, any person desiring to conduct any deadhead logs recovery operation in a river shall first make application to the department for a permit to conduct such operation in a specific location. The applicant shall submit a plan outlining the specific river segment, objectives, scope, and methods of recovery of deadhead logs. (d) Prior to granting any application for a permit under this Code section, the department shall conduct a prerecovery assessment of the proposed recovery site. The department may specify the scope of studies that need to be conducted in specific areas where state or federal endangered species may be present, where other submerged cultural resources may be found, to investigate wildlife habitat or outdoor recreation related issues, or to address other scientific or archaeological issues. The departments employee or agent conducting such assessment shall be accompanied by the applicant or a designated representative thereof. During such assessment, habitat, bank stability, boat ramp conditions, and other relative factors shall be noted, and any areas where recovery of deadhead logs is specifically restricted shall be mapped or flagged on site. (e)(1) If the department determines that the public interest, including without limitation public safety, water quality, wildlife and wildlife habitat, commercial and recreational fisheries, state and federal threatened and endangered species, land use, effects on stream bank property, and other submerged cultural resources, may be adequately protected while allowing the operation for which a permit is sought, the department may grant an annual permit for such operation, which shall grant the permittee exclusive rights for such purposes for a specific two-mile segment of a river. Multiple, noncontiguous permits, each separated by at least one two-mile river segment, may be issued to the same applicant. (2) Any such permit shall be conditioned upon compliance with such terms and conditions, including days, times, places and methods, as the department deems appropriate for the protection of the public interest, including without limitation such terms and conditions as are relative to the protection of the public safety and water quality, wildlife and wildlife habitat, commercial and recreational fisheries, state and federal threatened and endangered species, land use, effects on stream bank property, protection of public boat landings or other public assets, and the preservation and protection of other submerged cultural resources. (3) No permit issued under this Code section for the investigation, survey, or recovery of deadhead logs shall authorize the permittee to retain any other submerged

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cultural resources that are disturbed, located, or incidentally recovered. (f) Any person to whom a permit is issued under this Code section shall:
(1) Prior to issuance of the permit: (A) Pay an annual permit fee of $10,000.00 for each two-mile segment of a river. Revenues derived from such fees shall be paid into the general treasury in accordance with Code Section 45-12-92; and (B) Post a bond with the commissioner in the form of government securities, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $50,000.00 per permitted river segment. If the applicant does not comply with this part, rules and regulations of the board, or the conditions of the permit after issuance, the commissioner may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to repair or stabilize the site of the damage arising from the deadhead logs recovery activity and bring it into compliance. Upon amendment of a permit as provided in paragraph (2) of subsection (h) of this Code section, a new or amended bond shall be posted to cover the amended conditions of the permit;
(2) Notify the department on the last state business day of each week of where and when such recovery operations will occur during the following calendar week; (3) Prominently post and maintain during the recovery operation signs near the recovery site, either on buoys or on the recovery boat or boats, to inform the public that the recovery operation is authorized. Such signs shall include the permit number and the telephone number of the appropriate department inspector; and (4) Keep a copy of the permit on the recovery boat or boats at all times during operations. (g)(1) The department shall provide for periodic inspection of ongoing operations to determine compliance with the requirements of this part, rules and regulations of the board, and permit conditions. (2) The department is authorized to contract with any person for the investigation, survey, protection, preservation, or recovery of other submerged cultural resources on such terms and conditions as the department deems appropriate. (h)(1) Permits may be renewed upon or prior to expiration upon such terms and conditions as the department deems appropriate and payment of the annual permit fees. (2) Permits may also be amended by the department upon discovery of previously unknown or nondisclosed facts that warrant additional conditions or terms of the permit for the protection of the public interest, including without limitation such terms and conditions relative to the protection of the public safety and water quality, wildlife and wildlife habitat, commercial and recreational fisheries, state and federal threatened and endangered species, land use, effects on stream bank property, protection of public boat landings or other public assets, and the preservation and protection of other submerged cultural resources. (3) A permit may be revoked by the department upon a determination by the department that the permittee has violated this part, any rule or regulation of the

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board, or any term or condition of its permit. Any determination to amend, revoke, or deny a permit or to deny the renewal of a permit may be administratively and judicially reviewed in the manner provided in subsection (e) of Code Section 12-3-52. (i) The state shall retain title to any deadhead logs recovered pursuant to a permit issued under this Code section until such time as the permittee has paid adequate consideration to the department for such recovered deadhead logs, which consideration shall be in addition to the annual permit fee. The sale price rate or rates for deadhead logs shall be established by the board by rule or regulation. If the permittee fails or refuses to pay to the department the amount due as consideration within 60 days of recovery, the recovered deadhead logs may be disposed of by the department pursuant to the provisions for disposition of surplus property under Article 4 of Chapter 5 of Title 50. (j) The provisions of Code Section 45-12-92 notwithstanding, the department is authorized to retain all funds received as consideration for sales of recovered deadhead logs under subsection (i) of this Code section for use in administration of the program established under this Code section; provided, however, that any such funds not expended for such purpose in the fiscal year in which they are generated shall be deposited in the state treasury. (k) This Code section shall stand repealed on January 1, 2008.

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:

Adelman Balfour Brown Y Bulloch Butler Y Cagle Y Carter Y Chance N Chapman Y Douglas Fort Y Goggans

Y Hill,Jack Y Hill,Judson
Hooks Y Hudgens
Johnson Jones Y Kemp Me V Bremen Miles Y Moody Y Mullis Y Pearson

Y Smith Y Starr Y Staton Y Stephens
Stoner Tate Y Thomas,D Thomas,R Thompson,C Thompson,S Y Tolleson Y Unterman

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Golden Y Grant Y Hamrick
Harbison Y Harp Y Heath
Henson

Powell Reed Y Rogers Y Schaefer Y Seabaugh Seay E Shafer,D

Walker Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 31, nays 1.

SB 283, having received the requisite constitutional majority, was passed by substitute.

SB 268. By Senator Hamrick of the 30th:

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 authorize the Board of Community Health to contract for the continuation of health insurance for certain persons who retire as employees of community service boards and their dependents; to provide for the collection and payment of contributions; to repeal conflicting laws; and for other purposes.

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

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

Adelman Balfour Brown Y Bulloch Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Fort Y Goggans Golden Y Grant Y Hamrick Harbison

Y Hill,Jack Y Hill,Judson
Hooks Y Hudgens Y Johnson
Jones Y Kemp
Me V Bremen Miles Y Moody Y Mullis Y Pearson Powell Reed Y Rogers Y Schaefer

Y Smith Y Starr Y Staton Y Stephens
Stoner Tate Y Thomas,D Thomas,R Thompson,C Thompson,S Y Tolleson Y Unterman Walker Y Weber Y Whitehead Y Wiles

FRIDAY, MARCH 11, 2005

Y Harp Y Heath
Henson

Y Seabaugh Seay
E Shafer,D

Y Williams Zamarripa

On the passage of the bill, the yeas were 33, nays 0.

SB 268, having received the requisite constitutional majority, was passed.

1299

SB 269. By Senators Rogers of the 21st, Smith of the 52nd and Hill of the 32nd:
A BILL to be entitled an Act to amend Code Section 16-11-64.1 of the Official Code of Georgia Annotated, relating to application and issuance of order authorizing installation and use of pen register or trap and trace device, so as to provide that the district attorney having jurisdiction over the prosecution of the crime under investigation may apply for or extend an order authorizing the installation and use of a pen register or trap and trace device; to provide that any superior court judge may authorize such use; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

Adelman Balfour Brown Y Bulloch Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Fort Y Goggans Golden Y Grant Y Hamrick

Y Hill,Jack Y Hill,Judson
Hooks Y Hudgens Y Johnson
Jones Y Kemp
Me V Bremen Miles Y Moody Y Mullis Y Pearson Powell Reed Y Rogers

Y Smith Y Starr Y Staton Y Stephens
Stoner Tate Y Thomas,D Thomas,R Thompson,C Thompson,S Y Tolleson Y Unterman Walker Y Weber Y Whitehead

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Harbison Y Harp Y Heath
Henson

Y Schaefer Y Seabaugh
Seay E Shafer,D

Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 33, nays 0.

SB 269, having received the requisite constitutional majority, was passed.

SB 161. By Senators Heath of the 31st and Hudgens of the 47th:

A BILL to be entitled an Act to amend Code Section 47-2-98 of the Official Code of Georgia Annotated, relating to creditable service for a member of the Employees Retirement System of Georgia who was an officer or employee of the Georgia Housing and Finance Authority, so as to authorize the member seeking creditable service to make payment to the board of trustees of such retirement system; to repeal conflicting laws; and for other purposes.

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 8, 2005

The Honorable Bill Heath State Senator Legislative Office Building, Room 304-B Atlanta, Georgia 30334

SUBJECT: State Auditor's Certification Senate Bill 161 (LC 21 8097)

Dear Senator Heath:

This bill would amend provisions relating to creditable service for certain members of the Employees' Retirement System. Specifically, this bill would affect members who

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became a member on or after July 1, 1995, and who, immediately prior to becoming a member was an officer or employee of the Georgia Housing and Finance Authority. Current law authorizes such persons to receive creditable service for prior service. The amount of creditable service granted was based on the amount of funds transferred on behalf of the member, without creating any accrued liability to the System. In the event that the amount transferred does not fund all creditable service, the Authority is authorized to supplement such amount transferred in order to obtain additional creditable service. If this legislation is enacted, the provision authorizing the Authority to supplement the amount transferred would be removed. The affected member would now have the right to provide supplemental funds in order to obtain the additional creditable service not funded through the transfer of funds by the Authority.
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:

Adelman Balfour Brown Y Bulloch Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Fort Y Goggans Golden Y Grant Y Hamrick

Y Hill,Jack Y Hill,Judson
Hooks Y Hudgens Y Johnson
Jones Y Kemp
Me V Bremen Miles Y Moody Y Mullis Y Pearson Powell Reed Y Rogers

Y Smith Y Starr Y Staton Y Stephens
Stoner Tate Y Thomas,D Thomas,R Thompson,C Thompson,S Y Tolleson Y Unterman Walker Y Weber Y Whitehead

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Harbison Y Harp Y Heath
Henson

Y Schaefer Y Seabaugh
Seay E Shafer,D

Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 33, nays 0.

SB 161, having received the requisite constitutional majority, was passed.

SB 284. By Senators Seabaugh of the 28th and Balfour of the 9th:

A BILL to be entitled an Act to amend Chapter 18 of Title 45, relating to employees insurance and benefits plans, so as to create a trust fund to provide for retiree post-employment health care benefits; to provide for definitions; to provide for the powers and duties of the board and commissioner of community health; to provide for actuarial services; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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

Adelman Balfour Brown Y Bulloch Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Fort Y Goggans Golden Y Grant Y Hamrick Harbison Y Harp Y Heath Henson

Y Hill,Jack Y Hill,Judson
Hooks Y Hudgens Y Johnson
Jones Y Kemp
Me V Bremen Miles Y Moody Y Mullis Y Pearson Powell Reed Y Rogers Y Schaefer Y Seabaugh Seay E Shafer,D

Y Smith Y Starr Y Staton Y Stephens
Stoner Tate Y Thomas,D Thomas,R Thompson,C Thompson,S Y Tolleson Y Unterman Walker Y Weber Y Whitehead Y Wiles Y Williams Zamarripa

FRIDAY, MARCH 11, 2005

1303

On the passage of the bill, the yeas were 33, nays 0.
SB 284, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following Bill of the House:
HB 501. By Representative Scott of the 153rd:
A BILL to be entitled an Act to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic, and numerous other provisions of the O.C.G.A., so as to substantially amend laws relating to operation and regulation of motor vehicles and substantially revise the state administration of such laws; to create the Department of Driver Services as a successor agency to the Department of Motor Vehicle Safety; to provide for the Department of Driver Services to assume certain responsibilities of the Department of Motor Vehicle Safety and in particular responsibility for drivers licensing services; to substantially amend provisions relative to the issuance of drivers licenses; to amend the O.C.G.A. so as to transfer into other departments and agencies responsibility for administration of other laws relating to motor vehicles; to provide for other matters related to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The following House legislation was read the first time and referred to committee:
HB 501. By Representative Scott of the 153rd:
A BILL to be entitled an Act to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic, and numerous other provisions of the O.C.G.A., so as to substantially amend laws relating to operation and regulation of motor vehicles and substantially revise the state administration of such laws; to create the Department of Driver Services as a successor agency to the Department of Motor Vehicle Safety; to provide for the Department of Driver Services to assume certain responsibilities of the Department of Motor Vehicle Safety and in particular responsibility for drivers licensing services; to substantially amend provisions relative to the issuance of drivers licenses; to amend the

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O.C.G.A. so as to transfer into other departments and agencies responsibility for administration of other laws relating to motor vehicles; to provide for other matters related to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Public Safety and Homeland Security Committee.

The Calendar was resumed.

SR 49. By Senators Harp of the 29th, Shafer of the 48th, Hill of the 32nd, Schaefer of the 50th, Pearson of the 51st and others:

A RESOLUTION

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

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

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

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

"( ) YES Shall the Constitution of Georgia be amended in a manner consistent

( ) NO

with the United States Constitution so as to prevent discrimination in the public funding of social services by allowing religious or

sectarian institutions to receive public aid, directly or indirectly, for the provision of such services?"

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

FRIDAY, MARCH 11, 2005

1305

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

Senator Stoner of the 6th asked unanimous consent that his amendment #1 which appears in the Senate Journal on February 10, 2005, be reconsidered.

Senator Seabaugh of the 28th objected.

Senator Stoner moved to reconsider his amendment #1.

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

Y Adelman Balfour
Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay E Shafer,D

N Smith Y Starr N Staton Y Stephens Y Stoner Y Tate N Thomas,D N Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the motion, the yeas were 22, nays 32, the motion lost; and the Stoner amendment #1 was not reconsidered.

Senator Stoner of the 6th asked unanimous consent that his amendment #2, which appears in the Senate Journal on February 10, 2005, be reconsidered.

Senator Stephens of the 27th objected.

Senator Stoner of the 6th moved that his amendment #2 be reconsidered.

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

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Y Adelman Balfour
Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant Y Hamrick Y Harbison N Harp N Heath Y Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell N Reed N Rogers N Schaefer N Seabaugh Y Seay E Shafer,D

N Smith Y Starr N Staton N Stephens Y Stoner Y Tate N Thomas,D N Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the motion, the yeas were 21, nays 33, the motion lost; and the Stoner, Tate amendment #2 was not reconsidered.

Senator Adelman of the 42nd asked unanimous consent that his amendment #3, which appears in the Senate Journal on February 10, 2005, be reconsidered.

Senator Stephens of the 27th objected.

Senator Adelman of the 42nd moved that his amendment #3 be reconsidered.

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

Y Adelman Balfour
Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas
Fort

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis

N Smith Y Starr N Staton N Stephens Y Stoner Y Tate N Thomas,D N Thomas,R Y Thompson,C Y Thompson,S N Tolleson

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1307

N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay E Shafer,D

N Unterman Y Walker N Weber N Whitehead N Wiles N Williams
Zamarripa

On the motion, the yeas were 19, nays 33, the motion lost; and the Adelman amendment #3 was not reconsidered.

Senator Stoner of the 6th asked unanimous consent that his amendment #4, which appears in the Senate Journal on February 10, 2005, be reconsidered.

Senator Stephens of the 27th objected.

Senator Stoner of the 6th moved that his amendment #4 be reconsidered.

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

Y Adelman Balfour
Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson
Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay E Shafer,D

N Smith Y Starr N Staton N Stephens Y Stoner Y Tate N Thomas,D N Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the motion, the yeas were 20, nays 33, the motion lost; and the Stoner amendment #4 was not reconsidered.

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Senator Stephens of the 27th moved the previous question.

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

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

N Adelman Balfour
N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay E Shafer,D

Y Smith N Starr Y Staton Y Stephens N Stoner N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the adoption of the resolution, the yeas were 32, nays 21.

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

Senator Stoner of the 6th asked unanimous consent that Senator Jones of the 10th be excused. The consent was granted, and Senator Jones was excused.

SB 27. By Senator Henson of the 41st:
A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for registration of private military vehicles; to

FRIDAY, MARCH 11, 2005

1309

provide that the commissioner of motor vehicle safety shall implement rules and regulations relating to the registration of private military vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate Public Safety and Homeland Security Committee offered the following substitute to SB 27:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for registration of private historical military vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by adding a new Code Section 40-2-41.2 to read as follows:
40-2-41.2. (a) As used in this Code section, the term 'private historical military vehicle' means any privately owned vehicle, including a trailer, that was manufactured for use in any countrys military forces and is maintained to represent its military design and markings accurately, regardless of the vehicles size, weight, or year of manufacture. Such term shall not include vehicles used for commercial purposes and vehicles owned or operated by this state, by the United States, or any foreign government. (b) Upon registering such vehicle in accordance with this chapter, an owner or operator of a private historical military vehicle may operate such vehicle on the highways of this state but shall not be required to display a license plate on the vehicle.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 34, 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 Balfour
Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant
Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Hill,Judson
Y Hooks Y Hudgens
Johnson E Jones Y Kemp Y Me V Bremen Y Miles Y Moody
Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer
Seabaugh Seay E Shafer,D

Smith Starr Y Staton Y Stephens Y Stoner Tate Y Thomas,D Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 42, nays 0.

SB 27, having received the requisite constitutional majority, was passed by substitute.

SB 272. By Senators Moody of the 56th, Shafer of the 48th, Miles of the 43rd, Hill of the 4th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to specific programs in elementary and secondary education, so as to provide that the State Board of Education shall develop a school interscholastic extracurricular athletic policy that provides for the use of a single, comprehensive, preparticipation physical examination form; to provide for physical examinations in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

FRIDAY, MARCH 11, 2005

1311

Y Adelman Balfour
Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson E Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson
Powell Reed Y Rogers Y Schaefer Y Seabaugh Seay E Shafer,D

Y Smith Starr
Y Staton Stephens
Y Stoner Tate
Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 44, nays 1.

SB 272, having received the requisite constitutional majority, was passed.

SB 28. By Senator Henson of the 41st:

A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to change certain definitions relating to commercial drivers licenses; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Senate Public Safety and Homeland Security Committee offered the following substitute to SB 28:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to change certain definitions relating to commercial drivers licenses; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, is amended in Code Section 40-5-142, relating to definitions relating to commercial drivers licenses, by striking paragraph (7) of said Code section and inserting in its place the following:
(7) 'Commercial motor vehicle' means a motor vehicle designed or used to transport
passengers or property in commerce: (A) If the vehicle has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating as determined by federal regulation; (B) If the vehicle is designed to transport 16 or more passengers, including the driver; or (C) If the vehicle is transporting hazardous materials and is required to be placarded in accordance with the Motor Carrier Safety Rules prescribed by the United States Department of Transportation, Title 49 C.F.R. Part 172, subpart F;
provided, however, that for the purposes of this article, no agricultural vehicle, military vehicle operated by military personnel, recreational vehicle, or fire-fighting or emergency equipment vehicle shall be considered a commercial vehicle. As used in this paragraph, the term 'agricultural vehicle' means a farm vehicle which is controlled and operated by a farmer; used to transport agricultural products, farm machinery, or farm supplies to or from a farm; and operated within 150 miles of such persons farm; which vehicle is not used in the operations of a common or contract carrier. As used in this paragraph, the term 'recreational vehicle' means a vehicle used for personal pleasure, travel, or hobby by an individual or his or her family and not used in commerce. Any other waiver by the Federal Highway Administration pursuant to Federal Law 49 C.F.R. Parts 383, 391, RIN 2125-AB 68, of the United States Department of Transportation shall supersede state law in authorizing the Department of Motor Vehicle Safety to exempt said classes.

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

On the adoption of the substitute, the yeas were 29, nays 0, and the committee substitute was adopted.

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

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

Y Adelman Balfour
Y Brown Y Bulloch

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens

Smith Starr Y Staton Y Stephens

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1313

Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant
Hamrick Y Harbison Y Harp Y Heath
Henson

Y Johnson E Jones Y Kemp Y Me V Bremen Y Miles Y Moody
Mullis Y Pearson Y Powell
Reed Rogers Y Schaefer Seabaugh Seay E Shafer,D

Y Stoner Tate
Y Thomas,D Thomas,R
Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 40, nays 0.

SB 28, having received the requisite constitutional majority, was passed by substitute.

SB 96. By Senators Henson of the 41st, Thompson of the 5th and Fort of the 39th:

A BILL to be entitled an Act to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to regulate the preparation, marketing, sale, and serving of Halal foods; to provide punishment for violations; to define certain terms; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Balfour Brown
Y Bulloch Y Butler Y Cagle
Carter Chance Chapman Y Douglas

Y Hill,Jack Hill,Judson
Y Hooks Y Hudgens Y Johnson E Jones Y Kemp Y Me V Bremen Y Miles Y Moody

Smith Starr Staton Y Stephens Y Stoner Tate N Thomas,D Thomas,R Y Thompson,C Thompson,S

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Y Fort Y Goggans Y Golden Y Grant
Hamrick Y Harbison Y Harp Y Heath Y Henson

N Mullis N Pearson N Powell
Reed Rogers N Schaefer Seabaugh Seay E Shafer,D

Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 30, nays 5.

SB 96, having received the requisite constitutional majority, was passed.

SB 106. By Senators Stoner of the 6th, Hamrick of the 30th, Thompson of the 5th, Rogers of the 21st, Powell of the 23rd and others:

A BILL to be entitled an Act to amend Code Section 16-12-103 of the Official Code of Georgia Annotated, relating to selling, loaning, or distributing harmful material to minors, so as to define a certain term; to provide that a video game retailer shall display a sign explaining each rating system which appears on a video game offered by such retailer; to provide a penalty; to repeal conflicting laws; and for other purposes.

The Senate Science and Technology Committee offered the following substitute to SB 106:

A BILL TO BE ENTITLED AN ACT

To amend Code Section 16-12-103 of the Official Code of Georgia Annotated, relating to selling, loaning, or distributing harmful material to minors, so as to define a certain term; to provide that a video game retailer shall display a sign explaining each rating system which appears on a video game offered by such retailer; to provide a penalty; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 16-12-103 of the Official Code of Georgia Annotated, relating to selling, loaning, or distributing harmful material to minors, is amended by inserting at the end thereof the following:
(f)(1) As used in this subsection, the term:

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1315

(A) 'Video game' means an object or device that stores recorded data or instructions, receives data or instructions generated by a person who uses it, and, by processing the data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, console, or other technology. (B) 'Video game retailer' means a person who sells or rents video games to the public. (2) Every video game retailer shall post a sign providing information to consumers about any video game rating system which appears on a video game offered by such retailer. The sign shall be posted in a conspicuous place within the portion of the establishment dedicated to the display or advertisement of video games. Each video game retailer shall make available to consumers, upon request, written information explaining each such rating system. (3) A person violating the provisions of this subsection shall be punished with a civil fine in an amount not less than $250.00 and not more than $500.00 for each violation. Each day in violation of this subsection shall constitute a separate offense. (4) The provisions of this subsection shall not apply to a bona fide coin operated
amusement machine as such term is defined in Code Section 48-17-1.

SECTION 2. 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:

Y Adelman Balfour Brown
Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson E Jones Y Kemp Y Me V Bremen Y Miles Y Moody
Mullis Y Pearson Y Powell

Smith Starr Y Staton Y Stephens Y Stoner Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Walker

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Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Reed Y Rogers Y Schaefer
Seabaugh Seay E Shafer,D

Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 43, nays 0.

SB 106, having received the requisite constitutional majority, was passed by substitute.

Senator Douglas of the 17th asked unanimous consent that Senator Staton of the 18th be excused. The consent was granted, and Senator Staton was excused.

SB 113. By Senators Butler of the 55th, Henson of the 41st, Fort of the 39th, Miles of the 43rd, Seabaugh of the 28th and others:

A BILL to be entitled an Act to amend Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to the establishment of the Emergency Telephone System Fund, so as to authorize the use of "911" Emergency Telephone System Fund money to establish and operate a "311" nonemergency phone system; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Senate Regulated Industries and Utilities Committee offered the following amendment:

Amend SB 113 by striking line 16 of page 1 and inserting in lieu thereof the following: provided, however, that no revenue from a local governments Emergency Telephone System Fund may be used for this purpose unless the local government is fully funding an operational local emergency '911' system that meets all state standards required by this part; and provided, further, that no more than one-third of the revenue within a local .

On the adoption of the amendment, the yeas were 31, nays 1, 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:

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Y Adelman Balfour Brown
Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson E Jones Y Kemp Y Me V Bremen Y Miles Y Moody
Mullis Pearson Y Powell Reed Y Rogers Y Schaefer Seabaugh Seay E Shafer,D

Smith Starr E Staton Y Stephens Y Stoner Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Zamarripa

On the passage of the bill, the yeas were 41, nays 0.

SB 113, having received the requisite constitutional majority, was passed as amended.

SB 114. By Senators Butler of the 55th, Williams of the 19th, Miles of the 43rd, Weber of the 40th, Jones of the 10th and others:

A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to extend the sunset of certain provisions relating to use of proceeds of a sales and use tax for the Authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Balfour
Y Brown Y Bulloch Y Butler

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson

Smith Starr E Staton Y Stephens Y Stoner

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Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

E Jones Y Kemp Y Me V Bremen Y Miles Y Moody
Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer
Seabaugh Seay E Shafer,D

Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 43, nays 0.

SB 114, having received the requisite constitutional majority, was passed.

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.

SB 115. By Senators Butler of the 55th, Williams of the 19th, Miles of the 43rd, Weber of the 40th, Jones of the 10th and others:

A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, to extend until June 30, 2016, the provision that the interest income from certain reserve funds may be used to pay operating costs; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Balfour
Y Brown Bulloch
Y Butler Y Cagle

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson E Jones

Smith Starr E Staton Stephens Y Stoner Tate

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Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Kemp Y Me V Bremen Y Miles Y Moody
Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer E Seabaugh
Seay E Shafer,D

Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles
Williams Zamarripa

On the passage of the bill, the yeas were 39, nays 0.

SB 115, having received the requisite constitutional majority, was passed.

SR 88. By Senators Fort of the 39th, Stephens of the 27th, Seay of the 34th, Tate of the 38th, Miles of the 43rd and others:

A RESOLUTION creating the Henry McNeal Turner Tribute Commission and authorizing the placement of a statue on the grounds of the state capitol building; and for other purposes.

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

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

Y Adelman Balfour
Y Brown Bulloch
Y Butler Y Cagle Y Carter
Chance Y Chapman
Douglas Y Fort Y Goggans Y Golden

Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson E Jones Y Kemp Y Me V Bremen Y Miles Y Moody
Mullis Y Pearson Y Powell

Smith Starr E Staton Y Stephens Stoner Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker

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Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Reed Y Rogers Y Schaefer E Seabaugh
Seay E Shafer,D

Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the adoption of the resolution, the yeas were 38, nays 0.

SR 88, having received the requisite constitutional majority, was adopted.

Senator Williams of the 19th asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr was excused.

Senator Adelman of the 42nd asked unanimous consent that Senator Reed of the 35th be excused. The consent was granted, and Senator Reed was excused.

Senator Adelman of the 42nd asked unanimous consent that Senator Zamarripa of the 36th be excused. The consent was granted, and Senator Zamarripa was excused.

SB 145. By Senators Grant of the 25th, Butler of the 55th and Staton of the 18th:

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 define certain terms; to provide for a certificate of registration for hair braiders and hair designers; to provide for qualifications; to provide for application and fees; to provide for reciprocity; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Senate Regulated Industries and Utilities Committee offered the following substitute to SB 145:

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 define certain terms; to provide for a certificate of registration for hair braiders and hair designers; to provide for qualifications; to provide for application and fees; to provide for reciprocity; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, is amended by striking in its entirety Code Section 43-10-1, relating to definitions, and inserting in lieu thereof the following:
43-10-1.
As used in this chapter, the term: (1) 'Beautician' means 'cosmetologist' as such term is defined in this Code section. (2) 'Beauty shop' or 'beauty salon' means any premises where one or more persons engage in the occupation of cosmetology. (3) 'Board' means the State Board of Cosmetology. (4) 'Cosmetologist' means any person who performs any one or more of the following services for compensation: (A) Cuts or dresses the hair; (B) Gives facial or scalp massage or facial and scalp treatment with oils or creams and other preparations made for this purpose, either by hand or mechanical appliance; (C) Singes and shampoos the hair, dyes the hair, or does permanent waving of the hair; (D) Braids the hair by hair weaving; interlocking; twisting; plaiting; wrapping by hand, chemical, or mechanical devices; or using any natural or synthetic fiber for extensions to the hair; (E) Performs nail care, pedicure, or manicuring services as defined in paragraph(6) of this Code section; or (F) Performs the services of an esthetician as defined in paragraph (5) of this Code section. Such person shall be considered as practicing the occupation of a cosmetologist within the meaning of this Code section. (5) 'Esthetician' or 'esthetics operator' means a person who, for compensation, engages in any one or a combination of the following practices, esthetics, or cosmetic skin care: (A) Massaging the face or neck of a person; (B) Trimming eyebrows; (C) Dyeing eyelashes or eyebrows; or (D) Waxing, stimulating, cleansing, or beautifying the face, neck, arms, or legs of a person by any method with the aid of the hands or any mechanical or electrical apparatus or by the use of a cosmetic preparation. Such practices of esthetics shall not include the diagnosis, treatment, or therapy of any dermatological condition. (6) 'Hair braider' means any person who performs for compensation tensioning hair strands or roots by braiding; hair weaving; interlocking; twisting; plaiting; wrapping by hand, chemical, or mechanical devices; or using any natural or synthetic fiber for extensions to the hair; provided, however, that such services shall not include hair cutting or the application of dyes, reactive chemicals, or other preparations to alter the

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color of the hair or to straighten, curl, or alter the structure of the hair. (7) 'Hair designer' means any person who performs any one or more of the following services for compensation:
(A) Cuts or dresses the hair; (B) Singes and shampoos the hair, dyes the hair, or does permanent waving of the hair; or (C) Braids the hair by hair weaving; interlocking; twisting; plaiting; wrapping by hand, chemical, or mechanical devices; or using any natural or synthetic fiber for extensions to the hair. (6)(8) 'Master cosmetologist' means a cosmetologist who is possessed of the requisite skill and knowledge to perform properly all the services mentioned in paragraph (4) of this Code section for compensation. (7)(9) 'Nail technician' means a person who, for compensation, trims, files, shapes, decorates, applies sculptured or otherwise artificial nails, or in any way cares for the nails of another person. (8)(10) 'School of cosmetology' means any establishment that receives compensation for training more than one person in the occupation of cosmetology as defined in paragraph (4) of this Code section. Technical colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not 'schools of cosmetology' within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.' (9)(11) 'School of esthetics' means any establishment that receives compensation for training more than one person in the occupation of esthetics as defined in paragraph (5) of this Code section. Technical colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not 'schools of esthetics' within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.' (12) 'School of hair braiding' means any establishment that receives compensation for training more than one person in the occupation of hair braiding as defined in paragraph (6) of this Code section. Technical colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not schools of hair braiding within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.' (13) 'School of hair design' means any establishment that receives compensation for training more than one person in the occupation of hair design as defined in paragraph (7) of this Code section. Technical colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not schools of hair design within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.' (10)(14) 'School of nail care' means any establishment that receives compensation for

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training more than one person in the occupation of nail care or manicuring as defined in paragraph (6) (9) of this Code section. Technical colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not 'schools of nail care' within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.'
SECTION 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-10-6, relating to rules and regulations as to sanitary requirements, inspections, and unsanitary condition as a nuisance, and inserting in lieu thereof the following:
(a) The board is authorized to adopt reasonable rules and regulations prescribing the sanitary requirements of beauty shops, beauty salons, schools of cosmetology, schools of esthetics, schools of hair braiding, schools of hair design, and schools of nail care, subject to the approval of the Department of Human Resources, to cause the rules and regulations or any subsequent revisions to be in suitable form, and to transmit a copy thereof to the proprietor of each beauty shop, beauty salon, school of cosmetology, school of esthetics, school of hair braiding, school of hair design, or school of nail care. It shall be the duty of every proprietor or person operating a beauty shop, salon, school of cosmetology, school of esthetics, school of hair braiding, school of hair design, and school of nail care in this state to keep a copy of such rules and regulations posted in a conspicuous place in his or her business, so as to be easily read by his or her customers.
SECTION 3. Said chapter is further amended by striking in its entirety Code Section 43-10-8, relating to a requirement for a certificate of registration, and inserting in lieu thereof the following:
43-10-8. (a) It shall be unlawful for any person to pursue the occupation of cosmetology in this state unless he or she has first completed the required hours for and obtained the appropriate certificate of registration as provided in this chapter. (b) It shall be unlawful for any person to hold himself or herself out as a master cosmetologist, hair braider, or hair designer without having first obtained the certificate of registration for such. Such person shall be authorized to perform all the services mentioned in paragraph (4) of Code Section 43-10-1. Nothing in this chapter shall prohibit any person who holds a valid master cosmetologist license in this state on March 29, 1983, from practicing at the master cosmetologist level as defined in paragraph (4) of Code Section 43-10-1. (c) Notwithstanding any other provisions of this chapter, any person desiring to perform solely hair braiding services shall be allowed to obtain a certificate of registration at the hair braiding level upon completing the required hours therefor,

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which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (6) of Code Section 43-10-1. (d) Notwithstanding any other provisions of this chapter, any person desiring to perform solely hair design services shall be allowed to obtain a certificate of registration at the hair design level upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (7) of Code Section 43-10-1. (c)(e) Notwithstanding any other provisions of this chapter, any person desiring to perform solely cosmetic skin care services shall be allowed to obtain a certificate of registration at the esthetician level upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (5) of Code Section 43-10-1.
(d)(1)(f)(1) Notwithstanding any other provisions of this chapter, any person desiring to perform solely cosmetic nail care services shall be allowed to obtain a certificate of registration at the nail technician level upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (6) of Code Section 43-10-1. (2) Notwithstanding any other provisions of this chapter, any person who has actively engaged in the practice of cosmetology, hair braiding, hair design, esthetics, or nail care on a military installation in Georgia for three years prior to July 1, 1985, shall be eligible to receive a certificate of registration at the cosmetology, hair braiding, hair design, esthetics, or nail care level upon proper proof of experience, application, and appropriate fee being submitted to the board on or before September 1, 1985. (e)(g) It shall also be unlawful for any person or persons to operate a beauty shop, beauty salon, hair braiding salon, hair design salon, school of cosmetology, school of hair braiding, school of hair design, school of esthetics, or school of nail care without first having obtained a certificate of registration for such shop, salon, or school as provided in this chapter. Any beauty shop, salon, or school shall register with the division director of the professional licensing boards prior to opening. (f)(h) This chapter shall have uniform application throughout the state so that no cosmetologist, hair braider, hair designer, beauty shop, school of cosmetology, school of hair braiding, school of hair design, school of esthetics, or school of nail care shall be exempt from regulation.
SECTION 4. Said chapter is further amended by striking in its entirety Code Section 43-10-9, relating to applications for certificates of registration, examination, and reciprocity, and inserting in lieu thereof the following:
43-10-9. (a) Any person desiring to obtain a certificate of registration to enable him or her to engage in the occupation of cosmetology shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary

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education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 1,500 credit hour study course with at least nine months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 3,000 credit hours; has practiced or studied the occupation of cosmetology; is possessed of the requisite skill in such occupation to perform properly all the duties of the occupation, including his or her ability in the preparation of tools, in performing the services mentioned in paragraph (4) of Code Section 43-10-1, and in all the duties and services incident thereto; has paid to the division director an examination fee in such amount as shall be set by the board by regulation; and has presented himself or herself at the next meeting of the board held for examination of applicants at which such person is scheduled for examination and has passed both a written and a practical examination, a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of master cosmetologist. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (b) Should an applicant under this Code section fail to pass the written or the practical examination, the board shall furnish the applicant a statement in writing, stating wherein the applicant was deficient. Nothing in this chapter shall be construed to prevent applicants from making subsequent applications to qualify under this Code section, provided they again pay the required examination fee. (c) An approved applicant for examination under this Code section may be issued a work permit authorizing said applicant to practice such occupation until the release of the results of the written and the practical examination for which the applicant is scheduled. If the applicant fails to appear for the examination or fails any portion of the examination, the work permit shall be revoked unless the applicant provides just cause to the board as to why the applicant was unable to appear for the examination. (d) Should an applicant have a current cosmetology license in force from another state or country, or territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and have paid to the division director a fee in such amount as shall be set by the board by regulation, the applicant may be issued, without examination, a certificate of registration at the appropriate level, entitling the applicant to practice the occupation of cosmetology or the teaching of cosmetology at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice cosmetology outside of this state and who desires to obtain a license or certificate at a level authorized under this Code section to practice at such level in this

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state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate.
(e)(1) Any person desiring to obtain a certificate of registration to enable him or her to engage in the occupation of hair braiding shall make application through the division director and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed 500 credit hour study course with at least four months at a board approved school or has served as an apprentice in a beauty shop, beauty salon, or hair braiding salon for a period of at least 1,000 credit hours; has practiced or studied the occupation of hair braiding; is possessed of the requisite skill in such occupation to perform properly all the duties of the occupation, including his or her ability in the preparation of tools, in performing the services mentioned in paragraph (6) of Code Section 43-10-1, and in all the duties and services incident thereto; has paid to the division director an examination fee in such amount as shall be set by the board by regulation; and has presented himself or herself at the next meeting of the board held for examination of applicants at which such person is scheduled for examination and has passed both a written and a practical examination, a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of hair braiding. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (2) Should an applicant under this subsection fail to pass the written or the practical examination, the board shall furnish the applicant a statement in writing, stating in what manner the applicant was deficient. Nothing in this chapter shall be construed to prevent applicants from making subsequent applications to qualify under this subsection, provided they again pay the required examination fee. (3) An approved applicant for examination under this subsection may be issued a work permit authorizing him or her to practice such occupation until the release of the results of the written and the practical examination for which the applicant is scheduled. If the applicant fails to appear for the examination or fails any portion of the examination, the work permit shall be revoked unless the applicant provides just cause to the board as to why the applicant was unable to appear for the examination. (4) Should an applicant have a current hair braider license in force from another state, country, territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and has paid to the division director a fee in such amount as shall be set by the board by regulation, the applicant may be issued, without examination, a certificate of registration at the appropriate level entitling him or her to practice the

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occupation of hair braider or the teaching of hair braiding at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice hair braiding outside of this state and who desires to obtain a license or certificate at a level authorized under this subsection to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (f)(1) Any person desiring to obtain a certificate of registration to enable him or her to engage in the occupation of hair design shall make application through the division director and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 1,325 credit hour study course with at least seven months at a board approved school or has served as an apprentice in a beauty shop, beauty salon, or hair design salon for a period of at least 2,650 credit hours; has practiced or studied the occupation of hair design; is possessed of the requisite skill in such occupation to perform properly all the duties of the occupation, including his or her ability in the preparation of tools, in performing the services mentioned in paragraph (7) of Code Section 43-10-1, and in all the duties and services incident thereto; has paid to the division director an examination fee in such amount as shall be set by the board by regulation; and has presented himself or herself at the next meeting of the board held for examination of applicants at which such person is scheduled for examination and has passed both a written and a practical examination, a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of hair design. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (2) Should an applicant under this subsection fail to pass the written or the practical examination, the board shall furnish the applicant a statement in writing, stating in what manner the applicant was deficient. Nothing in this chapter shall be construed to prevent applicants from making subsequent applications to qualify under this subsection, provided they again pay the required examination fee. (3) An approved applicant for examination under this subsection may be issued a work permit authorizing said applicant to practice such occupation until the release of the results of the written and the practical examination for which the applicant is scheduled. If the applicant fails to appear for the examination or fails any portion of the examination, the work permit shall be revoked unless the applicant provides just

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cause to the board as to why the applicant was unable to appear for the examination. (4) Should an applicant have a current hair design license in force from another state, country, territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and has paid to the division director a fee in such amount as shall be set by the board by regulation, the applicant may be issued, without examination, a certificate of registration at the appropriate level entitling him or her to practice the occupation of hair design or the teaching of hair design at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice hair design outside of this state and who desires to obtain a license or certificate at a level authorized under this subsection to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (e)(g)(1) Any person desiring to obtain a certificate of registration at the esthetician level under the terms of this chapter shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 1,000 credit hour study course of at least nine months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 2,000 credit hours; has practiced or studied cosmetic skin care as defined in paragraph (5) of Code Section 43-10-1; is possessed of the requisite skill to perform properly these services; has paid to the division director an examination fee in such amount as shall be set by the board by regulation; and has presented himself or herself at the next meeting of the board for examination of applicants at which such person is scheduled for examination and has passed a written and a practical examination, a certificate of registration shall be issued to the applicant entitling the applicant to practice the occupation of cosmetology at the esthetician level. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (2) Should an applicant have a current esthetician license in force from another state, country, territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and has paid to the division director a fee in such amount as shall be set by the board by regulation, the applicant may be issued, without examination, a

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certificate of registration at the appropriate level entitling him or her to practice the occupation of esthetician or the teaching of esthetics at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice esthetics outside of this state and who desires to obtain a license or certificate at a level authorized under this subsection to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (f)(h)(1) Any person desiring to obtain a certificate of registration at the nail technician level under the terms of this chapter shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 525 credit hour study course of at least four months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 1,050 credit hours; has practiced or studied nail care; is possessed of the requisite skill to perform properly these services; has paid to the division director an examination fee in such amount as shall be set by the board by regulation; and has presented himself or herself at the next meeting of the board held for examination of applicants at which such person is scheduled for examination and has passed both a written and a practical examination, a certificate of registration shall be issued to the applicant entitling the applicant to practice the occupation of cosmetology at the nail technician level. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (2) Should an applicant have a current nail technician license in force from another state, country, territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and has paid to the division director a fee in such amount as shall be set by the board by regulation, the applicant may be issued, without examination, a certificate of registration at the appropriate level entitling him or her to practice the occupation of nail technician or the teaching of nail care at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice nail care outside of this state and who desires to

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obtain a license or certificate at a level authorized under this subsection to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (g)(i) Nothing in this Code section shall be construed as preventing a person from obtaining a certificate of registration for the occupation of cosmetology at the master level, the hair braiding level, the hair design level, the esthetician level, or the nail technician level if such person obtains his or her credit hour study at a State Board of Education approved school or a technical college under the jurisdiction of the Department of Technical and Adult Education or the Department of Education rather than at a board approved school. (h)(j) A person licensed to practice barbering under Chapter 7 of this title shall be eligible to take the master cosmetologist examination provided for in this Code section if that person completes a board approved 250 hour prescribed course in an approved cosmetology school, submits a completed application, and pays the proper fees established by the board.
SECTION 5. Said chapter is further amended by striking in its entirety subsection (g) of Code Section 43-10-10, relating to display of certificate of registration, renewal, reinstatement, continuing education requirements, and exemptions, and inserting in lieu thereof the following:
(g) Courses in cosmetology, hair braiding, hair design, nail technology, esthetics, computers, business, or health and safety issues offered by schools under the jurisdiction of the Board of Regents of the University System of Georgia, the Department of Technical and Adult Education, the Department of Education, or any accredited postsecondary institution shall satisfy the continuing education requirement without a request to the board for approval or registration.
SECTION 6. Said chapter is further amended by striking in its entirety Code Section 43-10-11, relating to registration of shops, salons, and schools, and inserting in lieu thereof the following:
43-10-11. All beauty shops, salons, schools of cosmetology, schools of hair braiding, schools of hair design, schools of esthetics, and schools of nail care shall be registered with the division director by the owner or manager. Such registration shall be made by the filing of an application on forms furnished by the division director; shall include the name and location of the beauty shop, salon, or school, the name and address of the owner, and the names and addresses of all instructors of the shop, salon, or school at the time of registration; and shall be accompanied by a registration fee in such amount as shall be set by the board by regulation. The board is authorized and directed to issue a certificate of registration to each shop, salon, or school so registering and paying such fee, which certificate shall be displayed in a conspicuous place in the registered shop,

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salon, or school.
SECTION 7. Said chapter is further amended by striking in its entirety Code Section 43-10-12, relating to regulation and permits for schools and teachers and instructors, and inserting in lieu thereof the following:
43-10-12. (a)(1) All schools of cosmetology, schools of hair braiding, schools of hair design, schools of esthetics, or schools of nail care shall:
(A) Cause to be registered with the board, at the time of opening, 15 bona fide students; (B) Have not less than one instructor for every 20 students or a fraction thereof; and (C) Keep permanently displayed a sign reading 'School of Cosmetology,' 'School of Hair Braiding,' 'School of Hair Design,' 'School of Esthetics,' or 'School of Nail Care,' as the case may be; and all such signs shall also display the words 'Service by Students Only.' Where service is rendered by a student, no commissions or premiums shall be paid to such student for work done in the schools; nor shall any person be employed by the schools to render professional service to the public. (2) All schools of cosmetology, schools of hair braiding, schools of hair design, schools of esthetics, and schools of nail care are required to keep in a conspicuous place in such schools a copy of the rules and regulations adopted by the board. (3) All cosmetologists who take an apprentice pursuant to Code Section 43-10-14 shall file immediately with the board through the division director the name and age of such apprentice; and the board shall cause such information to be entered on a register kept by the division director for that purpose. (b) Any person desiring to operate or conduct a school of cosmetology, school of hair braiding, school of hair design, school of esthetics, or school of nail care prior to opening shall first secure from the board a permit to do so and shall keep the permit prominently displayed in the school. (c) The board shall have the right to pass upon the qualifications, appointments, courses of study, and hours of study in the school of cosmetology, school of hair braiding, school of hair design, school of esthetics, or school of nail care, provided that: (1) All schools of cosmetology shall be required to teach the following courses: theory, permanent and cold waving, hair coloring and bleaching, hair and scalp treatments, hair and scalp conditioning, hair cutting and shaping, hairdressing, shampooing, styling, comb out, charm, reception, desk work, art and laboratory, facials, makeup and arching, skin care, nail care, state law, state rules and regulations, and any other subjects related to cosmetology and sanitation; (2) All schools of esthetics shall be required to teach the following courses: theory, skin care, facials, makeup and arching, charm, reception, desk work, art and laboratory, massaging the face or neck, trimming eyebrows, dyeing, waxing, stimulating, cleansing, or beautifying, state law, state rules and regulations, and any other subjects related to esthetics and sanitation; and

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(3) All schools of nail care shall be required to teach the following courses: theory, trimming, filing, shaping, decorating, sculpturing and artificial nails, nail care, charm, reception, desk work, art and laboratory, state law, state rules and regulations, and any other subjects related to nail care and sanitation. (d)(1) The board shall have the right to suspend or revoke the certificate, permit, or license of or to reprimand any such school of cosmetology, school of hair braiding, school of hair design, school of esthetics, or school of nail care, or instructor or teacher therein, for the violation of this chapter. (2) The board shall have the same power and authority as to sanitary conditions over schools as it has over beauty shops and beauty salons. (e)(1) All teachers or instructors shall devote their entire time to instruction of students. Any person desiring to teach or instruct in any school of cosmetology, school of hair braiding, school of hair design, school of esthetics, or school of nail care shall first file his or her application with the division director for a license, shall pay a fee in such amount as shall be set by the board by regulation, and shall successfully pass both a written and a practical examination to become an instructor.
(2)(A) A person desiring to teach at the master level shall satisfy the board that he or she:
(i) Holds a current cosmetology license at the master level and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 1,500 hours of instructor training in cosmetology at a board approved school; and (iii) Has one year of work experience at the master level. (B) A person holding a current cosmetology license at the master level who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the boards discretion, be permitted to take the written and the practical examination to become an instructor at the master level. (3)(A) A person desiring to teach at the esthetician level shall satisfy the board that he or she: (i) Holds a current cosmetology license at the esthetician or master level and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 1,000 hours of board approved instructor training in esthetics of at least nine months; (iii) Has one year of work experience at the esthetician or master level; and (iv) Has passed both a written and a practical examination to become an instructor in esthetics. (B) A person holding a current cosmetology license at the esthetician or master level who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the

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required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the boards discretion, be permitted to take the written and the practical examination to become an instructor at the esthetician level. (4)(A) A person desiring to teach at the nail technician level shall satisfy the board that he or she:
(i) Holds a current cosmetology license at the nail technician or master level and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 525 hours of board approved instructor training in nail care of at least four months; (iii) Has one year of work experience at the nail technician or master level; and (iv) Has passed both a written and a practical examination to become an instructor in nail care. (B) A person holding a current cosmetology license at the nail technician or master level who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the boards discretion, be permitted to take the written and the practical examination to become an instructor at the nail technician level. (5) Any teacher or instructor shall renew his or her license to teach cosmetology biennially in odd years by remitting with his or her application a renewal fee in such amount as shall be set by the board by regulation; provided, however, any teacher or instructor who fails to renew his or her certificate of registration to practice as a cosmetologist, hair braider, hair designer, esthetician, or nail technician on or before the date established by the board by regulation shall automatically have his or her license to teach or instruct revoked. A person failing to renew his or her instructors license within two years after expiration shall be required to qualify under this chapter for both a written and a practical examination for an instructors license. (6) Nothing in this Code section shall be construed as preventing a person from obtaining a certificate of registration as teacher or instructor who is certified by the Department of Education to teach cosmetology in the state public schools. The certification is limited to those persons who hold a current cosmetology license at the master level and also hold a diploma or certificate of 1,500 credit hours from a board approved school and have completed the three-year teachers training program required by the Department of Education. Such persons shall also pass both a written and a practical examination satisfactory to the board and, upon passage thereof, shall receive a license to teach cosmetology. (f) All teachers or instructors of cosmetology at all levels seeking renewal of licenses are required to submit to the board proof of completion of 15 hours of continuing education in the cosmetology profession approved by the board at least half of which
consists of instruction in teaching methods.

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SECTION 8. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-10-13, relating to the right to set course of study for students and application for examination, and inserting in lieu thereof the following:
(a) The board shall have the right to set a course of study for all students of the schools of cosmetology, schools of hair braiding, schools of hair design, schools of esthetics, and schools of nail care within this state.
SECTION 9. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-10-14, relating to study by persons 17 years of age and older, registration of students and apprentices, and registration certificate, and inserting in lieu thereof the following:
(a) Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of cosmetology under a master cosmetologist, provided that such cosmetologist has had at least 36 months experience and has held a certificate of a master cosmetologist for at least 36 months. In addition, nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of cosmetology under an instructor in a school of cosmetology who has been a cosmetologist for a period of at least one year and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of hair braiding under a cosmetologist holding a master cosmetologist certificate or a hair braiding certificate, provided that such cosmetologist has had at least 36 months experience, or under an instructor in a school of cosmetology or school of hair braiding who has held a certificate as a cosmetologist for a period of at least one year, is qualified to teach said practices, and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of hair designer under a cosmetologist holding a master cosmetologist certificate or a hair design certificate, provided that such cosmetologist has had at least 36 months experience, or under an instructor in a school of cosmetology or school of hair design who has held a certificate as a cosmetologist for a period of at least one year, is qualified to teach said practices, and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of esthetics under a cosmetologist holding a master cosmetologist certificate or an esthetician certificate, provided that such cosmetologist has had at least 36 months experience, or under an instructor in a school of cosmetology or school of esthetics who has held a certificate as a cosmetologist for a period of at least one year, is qualified to teach said practices, and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of nail care or manicuring under a cosmetologist holding a master cosmetologist certificate or a nail technician certificate, provided that such cosmetologist has had at least 36 months experience, or under an instructor in a school of cosmetology or school of nail care who has been a licensed cosmetologist for a period of at least one year, is qualified to teach said practices, and has registered under this chapter. Any

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person registered as an apprentice under this Code section on June 30, 1997, shall be eligible to continue such apprenticeship under the person from whom that apprentice was learning the occupation of cosmetology, hair braiding, hair design, esthetics, or nail care or manicuring at the time of registration notwithstanding that the person under whom the apprentice was learning such occupation does not meet the 36 months experience otherwise required by this Code section. Every shop owner shall have the responsibility for registering apprentices with the division director. The shop owner shall file a statement in writing, showing the apprentices name and the address of the shop. The board shall have the authority to require the shop owner to furnish to the board the number of hours completed by the apprentice. The shop owner shall remit to the division director a fee in such amount as shall be set by the board by regulation for the registration of the apprentice. The apprentice shall receive a certificate of registration showing the capacity in which he or she is permitted to practice cosmetology. The certificate of registration shall be effective for a period of two years and may be renewed at the end of such period upon the filing of an application on forms furnished by the division director and the payment of a renewal fee in such amount as shall be set by the board by regulation. A certificate of registration authorizing a person to learn the occupation of cosmetology under a cosmetologist shall not be renewed more than one time; and, upon the expiration of the last certificate of registration issued, such person shall not be permitted to practice in any capacity.
SECTION 10. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-10-19, relating to a penalty, and inserting in lieu thereof the following:
(a) If any person not lawfully entitled to a certificate of registration under this chapter shall practice the occupation of a cosmetologist; or if any such person shall endeavor to learn the trade of a cosmetologist by practicing the same under the instructions of a cosmetologist or other person, other than as provided in this chapter; or if any such person shall instruct or attempt to instruct any person in such trade; or if any proprietor of or person in control of or operating any beauty shop, school of cosmetology, school of hair braiding, school of hair design, school of esthetics, or school of nail care shall knowingly employ for the purpose of practicing such occupation any cosmetologist not registered under this chapter; or if any person, beauty shop, salon, or school shall engage in any of the acts covered in this chapter though not registered under the provisions of this chapter; or if any person shall falsely or fraudulently pretend to be qualified under this chapter to practice or learn such trade or occupation; or if any person shall violate any provision of the chapter for which a penalty is not specifically provided, he or she shall be guilty of a misdemeanor.
SECTION 11. 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 34, nays 1, and the committee substitute was adopted.

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

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

Y Adelman Balfour
N Brown E Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant
Hamrick N Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson E Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson
Powell E Reed Y Rogers Y Schaefer Y Seabaugh
Seay E Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner
Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 42, nays 3.

SB 145, having received the requisite constitutional majority, was passed by substitute.

Senator Adelman of the 42nd asked unanimous consent that Senator Seay of the 34th be excused. The consent was granted, and Senator Seay was excused.

Senator Stephens of the 27th asked unanimous consent that the following bills moved to the foot of the Rules Calendar earlier today, be placed on a Consent Calendar for Noncontested General Bills:

SB 192

Indemnificaton of publicly employed emergency medical; define certain terms (I&L-54th)

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SB 217

Life Settlements Act; protect contractual/property rights of policy owner (Substitute)(I&L-47th)

SB 234

License Plates; insurance coverage termination; ten-day period before fees (I&L-20th)

SB 236

State Employees Insurance; coverage for surviving dependents/spouse (I&L-47th)

SB 267

Disabled Persons; parking permits; provide annual renewal (Substitute)(PS&HS-45th)

SB 291

Ad Valorem Taxation; tangible personal property located on airport; change provisions (FIN-31st)

SB 308

Georgia Firefighter Standards/Training Council; powers/functions; provide definitions (Amendment)(PS&HS-53rd)

SB 153

Public Records; educational facilities; open to inspection as other agencies (JUDY-42nd)

The consent was granted and the above legislation was placed on a Consent Calendar for Noncontested General Bills.

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

*SB 217:

The Senate Insurance and Labor Committee offered the following substitute to SB 217:

A BILL TO BE ENTITLED AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Life Settlements Act"; to provide a short title; to provide definitions; to provide for the protection of contractual and property rights of a life insurance policy owner to seek a life settlement; to establish consumer protections by providing for the regulation of a life settlement transaction; to provide for the licensing and regulation of a life settlement provider and others involved in a life settlement transaction; to provide for antifraud measures; to provide penalties for certain violations; to provide for related matters; to provide for severability; 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. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new Chapter 59 to read as follows:
CHAPTER 59
33-59-1. This chapter shall be known and may be cited as the 'Life Settlements Act.'
33-59-2. As used in this chapter, the term:
(1) 'Advertising' means any written, electronic, or printed communication or any communication by means of recorded telephone messages or any communication transmitted on radio, television, the Internet, or similar communications media, including film strips, motion pictures, and videos, published, disseminated, circulated, or placed directly before the public in this state for the purpose of creating an interest in or inducing a person to sell, assign, devise, bequeath, or transfer the death benefit or ownership of a policy pursuant to a life settlement contract. (2) 'Business of life settlements' means an activity including, but not limited to, the offering, solicitation, negotiation, procurement, effectuation, purchasing, investing, financing, monitoring, tracking, underwriting, selling, transferring, assigning, pledging, hypothecating, or in any other manner involving, life settlement contracts. (3) 'Chronically ill' or 'having a chronic illness' means:
(A) Being unable to perform at least two activities of daily living including, but not limited to, eating, toileting, transferring, bathing, dressing, or continence; (B) Requiring substantial supervision to protect the individual from threats to health and safety due to severe cognitive impairment; or (C) Having a level of disability similar to that described in subparagraph (A) of this paragraph as determined by the Secretary of the United States Department of Health and Human Services. (4)(A) 'Financing entity' means an underwriter, placement agent, lender, purchaser of securities, purchaser of a policy or certificate from a life settlement provider, credit enhancer, or an entity that has a direct ownership in a policy that is the subject of a life settlement contract, but:
(i) Whose principal activity related to the transaction is providing funds to effect the life settlement or purchase of one or more purchased policies; and (ii) Who has an agreement in writing with one or more licensed life settlement providers to finance the acquisition of life settlement contracts or to provide stoploss insurance. (B) 'Financing entity' does not include a nonaccredited investor. (5) 'Fraudulent life settlement act' includes:

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(A) Acts or omissions committed by a person who, knowingly or with intent to defraud, for the purpose of depriving another of property or for pecuniary gain, commits, engages, or permits its employees or its agents to engage, in acts including:
(i) Presenting, causing to be presented, or preparing with knowledge or belief that it will be presented to or by a life settlement provider, financing entity, insurer, insurance producer, or another person, false material information, or concealing material information, as part of, in support of, or concerning a fact material to one or more of the following:
(I) An application for the issuance of a life settlement contract or policy; (II) The underwriting of a life settlement contract or policy; (III) A claim for payment or benefit pursuant to a life settlement contract or policy; (IV) Premiums paid on a policy; (V) Payments and changes in ownership or beneficiary made in accordance with the terms of a life settlement contract or policy; (VI) The reinstatement or conversion of a policy; (VII) In the solicitation, offer, effectuation, or sale of a life settlement contract or policy; (VIII) The issuance of written evidence of a life settlement contract or insurance; or (IX) A financing transaction; (ii) Employing any device, scheme, or artifice to defraud related to purchased policies; or (B) In the furtherance of a fraud or to prevent the detection of a fraud a person commits or permits its employees or its agents to commit any of the following acts: (i) Remove, conceal, alter, destroy, or sequester from the Commissioner the assets or records of a licensee or other person engaged in the business of life settlements; (ii) Misrepresent or conceal the financial condition of a licensee, financing entity, insurer, or other person; (iii) Transact the business of life settlements in violation of laws requiring a license, certificate of authority, or other legal authority for the transaction of the business of life settlements; or (iv) File with the Commissioner or the chief insurance regulatory official of another jurisdiction a document containing false information or otherwise conceal information about a material fact from the Commissioner; (C) Embezzlement, theft, misappropriation, or conversion of moneys, funds, premiums, credits, or other property of a life settlement provider, life insurance producer, insurer, insured, seller, policy owner, or another person engaged in the business of life settlements or insurance; (D) Recklessly entering into, negotiating, or otherwise dealing in a life settlement contract, the subject of which is a policy that was obtained by presenting false information concerning a fact material to the policy, or by concealing, for the

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purpose of misleading another, information concerning a fact material to the policy, where the seller or the sellers agent intended to defraud the insurance company that issued the policy. As used in this subparagraph, 'recklessly' means engaging in the conduct in conscious and clearly unjustifiable disregard of a substantial likelihood of the existence of the relevant facts or risks, this disregard involving a gross deviation from acceptable standards of conduct; or (E) Attempting to commit, assist, aid, or abet in the commission of, or conspiracy to commit, the acts or omissions specified in this paragraph. (6) 'Life insurance producer' means a person licensed as a resident or nonresident insurance producer pursuant to Chapter 23 of this title who has received qualification for life insurance coverage or a life line of coverage. (7) 'Life settlement contract' means a written agreement establishing the terms under which compensation or anything of value is paid, which compensation or value is less than the expected death benefit of the policy, in return for the sellers assignment, transfer, sale, devise, or bequest of the death benefit or ownership of any portion of the policy. A life settlement contract also includes a contract for a loan or other financing transaction with a seller secured primarily by an individual or group life insurance policy, other than a loan by a life insurance company pursuant to the terms of the policy or a loan secured by the cash value of a policy. A life settlement contract includes an agreement with a seller to transfer ownership or change the beneficiary designation at a later date regardless of the date that compensation is paid to the seller. A life settlement contract does not mean a written agreement entered into between a seller and a person having an insurable interest in the insureds life. (8) 'Life settlement provider' means a person, other than a seller, who enters into or effectuates a life settlement contract. Life settlement provider does not include: (A) A bank, savings bank, savings and loan association, credit union, or other licensed lending institution that takes an assignment of a policy as collateral for a loan; (B) The issuer of a policy providing accelerated benefits pursuant to the policy; (C) An authorized or eligible insurer that provides stop-loss coverage to a life settlement provider, financing entity, special purpose entity, or related provider trust; (D) A natural person who enters into or effectuates no more than one agreement in a calendar year for the transfer of policies for any value less than the expected death benefit; (E) A financing entity; (F) A special purpose entity; (G) A related provider trust; or (H) An accredited investor or qualified institutional buyer as defined, respectively, in Regulation D, Rule 501, or Rule 144A of the Federal Securities Act of 1933, as amended, and who purchases a purchased policy from a life settlement provider. (9) 'Person' means a natural person or a legal entity including, but not limited to, an individual, partnership, limited liability company, association, trust, or corporation.

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(10) 'Policy' means an individual or group policy, group certificate, contract, or arrangement of life insurance affecting the rights of a resident of this state or bearing a reasonable relation to this state, regardless of whether delivered or issued for delivery in this state. (11) 'Purchased policy' means a policy that has been acquired by a life settlement provider pursuant to a life settlement contract. (12) 'Related provider trust' means a titling trust or other trust established by a licensed life settlement provider or a financing entity for the sole purpose of holding the ownership or beneficial interest in purchased policies in connection with a financing transaction. The trust shall have a written agreement with the licensed life settlement provider under which the licensed life settlement provider is responsible for ensuring compliance with all statutory and regulatory requirements and under which the trust agrees to make all records and files related to life settlement transactions available to the Commissioner as if those records and files were maintained directly by the licensed life settlement provider. (13) 'Seller' means the owner of a policy who is a resident of this state who enters or seeks to enter into a life settlement contract. For the purposes of this chapter, a seller is not limited to an owner of a policy insuring the life of an individual with a terminal or chronic illness or condition except where specifically addressed. If there is more than one owner on a single policy and the owners are residents of different states, the transaction shall be governed by the law of the state in which the owner having the largest percentage ownership resides or, if the owners hold equal ownership, the state of residence of one owner agreed upon in writing by all owners. Seller does not include:
(A) A licensee as provided by this chapter, including a life insurance producer; (B) An accredited investor or qualified institutional buyer as defined, respectively, in Regulation D, Rule 501, or Rule 144A of the Federal Securities Act of 1933, as amended; (C) A financing entity; (D) A special purpose entity; or (E) A related provider trust. (14) 'Special purpose entity' means a corporation, partnership, trust, limited liability company, or other similar entity formed only to provide either, directly or indirectly, access to institutional capital markets for a financing entity or licensed life settlement provider. (15) 'Terminally ill' or 'having a terminal illness' means having an illness or sickness that reasonably is expected to result in death in 24 months or less.
33-59-3. (a)(1) A person shall not negotiate life settlement contracts between a seller and one or more life settlement providers or otherwise act on behalf of a seller unless such person is a life insurance producer. (2) A life insurance producer, as defined in paragraph (10) of subsection (a) of Code

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Section 33-23-1, who has been licensed for at least one year, shall be permitted to negotiate, as defined in paragraph (11) of subsection (a) of Code Section 33-23-1, life settlement contracts between a seller residing in this state and one or more life settlement providers. For purposes of this Code section, the one-year requirement is deemed to be satisfied if such person has been licensed as a resident life insurance producer in his or her home state for at least one year. (3) Not later than 30 days from the first day of negotiating a life settlement on behalf of a seller, the life insurance producer shall notify the Commissioner of the activity on a form prescribed by the Commissioner and shall pay any applicable fees to be determined by the Commissioner. Notification shall include an acknowledgment by the life insurance producer that he or she operates in accordance with this chapter. (4) Irrespective of the of the manner in which the life insurance producer is compensated, a life insurance producer is deemed to represent only the seller and not the life settlement provider or any insurer, and the insurer that issued the sellers policy shall not be liable for any act or omission of the life insurance producer or the life settlement provider arising out of or in connection with the life settlement transaction, provided that the insurer shall remain liable for any of its own acts or omissions. (5) Notwithstanding paragraph (1) of this subsection, a person licensed as an attorney, certified public accountant, or financial planner accredited by a nationally recognized accreditation agency, who is retained to represent the seller, whose compensation is not paid directly or indirectly by the life settlement provider, may negotiate life settlement contracts without having to obtain a license as a life insurance producer. (b)(1) A person may not operate as a life settlement provider without first obtaining a life settlement provider license from the insurance commissioner of the state of residence of the seller. (2) Application for a life settlement provider license shall be made to the Commissioner by the applicant on a form prescribed by the Commissioner, and an application shall be accompanied by the fees to be determined by the Commissioner. Applications for license under this Code section shall be approved or denied by the Commissioner within 60 calendar days following receipt of a completed application by the Commissioner. The Commissioner shall notify applicants that the application is complete. Applications for such license shall be deemed approved after such time if not disapproved. (3) A license may be renewed from year to year on the anniversary date upon payment of the annual renewal fees to be determined by the Commissioner. Failure to pay the fees by the renewal date shall result in the expiration of the license. (4) Notwithstanding paragraphs (2) and (3) of this subsection, the license and renewal fees for a life settlement provider license may not exceed that established for an insurer as provided in Code Section 33-8-1. (5) The applicant for a life settlement provider license shall provide information on forms prescribed by the Commissioner. The Commissioner has authority, at any time,

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to require the applicant to fully disclose the identity of all stockholders, partners, officers, members, and employees, except stockholders owning fewer than 5 percent of the shares of an applicant whose shares are publicly traded, and the Commissioner may refuse to issue a license in the name of a legal entity if not satisfied that any officer, employee, stockholder, partner, or member of it who may materially influence the applicants conduct meets the standards of this chapter. (6) A license issued to a legal entity authorizes all partners, officers, members, and designated employees to act as life settlement providers, as applicable, under the license, and all those persons shall be named in the application and any supplements to the application. (7) Upon the filing of an application and the payment of the license fee, the Commissioner shall make an investigation of each applicant for a license as a life settlement provider and issue a license if the Commissioner finds that the applicant:
(A) Has provided a detailed plan of operation; (B) Is competent and trustworthy and intends to act in good faith in the capacity involved by the license for which he or she has applied; (C) Has a good business reputation and has had experience, training, or education so as to be qualified in the business for the license in which he or she has applied; (D) If a legal entity, provides a certificate of good standing from the state of its domicile; and (E) Has provided an antifraud plan that meets the requirements of this chapter. (8) The Commissioner may not issue a license to a nonresident applicant unless a written designation of an agent for service of process is filed and maintained with the Commissioner or the applicant has filed with the Commissioner the applicants written irrevocable consent that any action against the applicant may be commenced against the applicant by service of process on the Commissioner. (9) A life settlement provider shall provide to the Commissioner new or revised information about officers, stockholders of 10 percent or more, partners, directors, members, or designated employees within 30 days of the change.
33-59-4. (a) The Commissioner may refuse to issue, suspend, revoke, or refuse to renew the license of a life settlement provider if the Commissioner finds that:
(1) There was any material misrepresentation in the application for the license; (2) The licensee or any officer, partner, member, or key management personnel has been convicted of fraudulent or dishonest practices, is subject to a final administrative action, or is otherwise shown to be untrustworthy or incompetent; (3) The licensee demonstrates a pattern of unreasonable payments to sellers; (4) The licensee or any officer, partner, member, or key management personnel has been found guilty of, or has pleaded guilty or nolo contendere to, any felony, or to a misdemeanor involving fraud or moral turpitude, regardless of whether a judgment or conviction has been entered by the court; (5) The licensee has entered into any life settlement contract that has not been

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approved pursuant to this chapter; (6) The licensee has failed to honor contractual obligations set out in a life settlement contract; (7) The licensee no longer meets the requirements for initial licensure; (8) The licensee has assigned, transferred, or pledged a purchased policy to a person other than a life settlement provider licensed in this state, an accredited investor or qualified institutional buyer as defined, respectively, in Regulation D, Rule 501, or Rule 144A of the Federal Securities Act of 1933, as amended, a financing entity, a special purpose entity, or a related provider trust; or (9) The applicant or licensee or any officer, partner, member, or key management personnel or any life producer has violated a provision of this chapter. (b) The Commissioner may suspend, revoke, or refuse to renew the license of a life insurance producer if the Commissioner finds that such life insurance producer has violated the provisions of this chapter. (c) If the Commissioner denies a license application or suspends, revokes, or refuses to renew the license of a life settlement provider or suspends, revokes, or refuses to renew a license of a life insurance producer pursuant to this chapter, the Commissioner shall conduct a hearing in accordance with Chapter 13 of Title 50.
33-59-5. A person may not use a life settlement contract or provide to a seller a disclosure statement form in this state unless filed with and approved by the Commissioner. Any life settlement contract form or disclosure form filed with the Commissioner shall be deemed approved if it has not been disapproved within 60 days of the filing. The Commissioner shall disapprove a life settlement contract form or disclosure statement form if, in the Commissioners opinion, the contract or provisions contained in it are unreasonable, contrary to the interests of the public, or otherwise misleading or unfair to the seller.
33-59-6. (a) Each life settlement provider shall file with the Commissioner by March first of each year an annual statement containing such information as the Commissioner prescribes by regulation. This information is limited to only those transactions where the seller is a resident of this state and does not include individual transaction data regarding the business of life settlements or data which compromises the privacy of personal, financial, and health information of the seller or insured. (b) Except as otherwise allowed or required by law, a life settlement provider, life insurance producer, information bureau, rating agency or company, or another person with actual knowledge of a seller or insureds identity may not disclose that identity as a seller or insured or the sellers or insureds financial or medical information to another person unless the disclosure is:
(1) Necessary to effect a life settlement contract between the seller and a life settlement provider and the seller or insured or both, as may be required, have

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provided prior written consent to the disclosure; (2) Provided in response to an investigation or examination by the Commissioner or another governmental officer or agency; (3) A term of or condition to the transfer of a policy by one life settlement provider to another life settlement provider; (4) Necessary to permit a financing entity, related provider trust, or special purpose entity to finance the purchase of policies by a life settlement provider and the seller and insured have provided prior written consent to the disclosure; (5) Necessary to allow the life settlement provider or their authorized representatives to make contacts for the purpose of determining health status; or (6) Required to purchase stop-loss coverage.
33-59-7. (a) Authority, scope, and scheduling of examinations.
(1) The Commissioner may conduct an examination under this chapter of a licensee as often as the Commissioner in his or her sole discretion deems appropriate. (2) For purposes of completing an examination of a licensee under this chapter, the Commissioner may examine or investigate any person, or the business of any person, in so far as the examination or investigation is, in the sole discretion of the Commissioner, necessary or material to the examination of the licensee. (3) In lieu of an examination under this chapter of any foreign or alien licensee licensed in this state, the Commissioner may, at the Commissioners discretion, accept an examination report on the licensee as prepared by the Commissioner for the licensees state of domicile or port-of-entry state. (b) Record retention requirements. (1) A person required to be licensed by this chapter shall for five years retain copies of all:
(A) Proposed, offered, or executed contracts, underwriting documents, policy forms, and applications from the date of the proposal, offer, or execution of the contract, whichever is later; (B) All checks, drafts, or other evidence and documentation related to the payment, transfer, deposit, or release of funds from the date of the transaction; and (C) All other records and documents related to the requirements of this chapter. (2) This Code section does not relieve a person of the obligation to produce these documents to the Commissioner after the retention period has expired if the person has retained the documents. (3) Records required to be retained by this Code section shall be legible and complete and may be retained in paper, photograph, micro process, magnetic, mechanical, or electronic media or by any process that accurately reproduces or forms a durable medium for the reproduction of a record. (c) Conduct of examinations. (1) Upon determining that an examination should be conducted, the Commissioner shall issue an examination warrant appointing one or more examiners to perform the

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examination and instructing them as to the scope of the examination. In conducting the examination, the examiner shall observe those guidelines and procedures set forth in the Examiners Handbook adopted by the National Association of Insurance Commissioners. The Commissioner may also employ such other guidelines or procedures as the Commissioner may deem appropriate. (2) Every licensee or person from whom information is sought and its officers, directors, and agents shall provide to the examiners timely, convenient, and free access at all reasonable hours at its offices to all books, records, accounts, papers, documents, assets, and computer or other recordings relating to the property, assets, business, and affairs of the licensee being examined. The officers, directors, employees, and agents of the licensee or person shall facilitate the examination and aid in the examination so far as it is in their power to do so. The refusal of a licensee, by its officers, directors, employees, or agents, to submit to examination or to comply with any reasonable written request of the Commissioner shall be grounds for suspension or refusal of or nonrenewal of any license or authority held by the licensee to engage in the life settlement business or other business subject to the Commissioners jurisdiction. Any proceedings for suspension, revocation, or refusal of any license or authority shall be conducted pursuant to Code Section 33-2-24. (3) The Commissioner shall have the power to issue subpoenas, to administer oaths, and to examine under oath any person as to any matter pertinent to the examination. Upon the failure or refusal of a person to obey a subpoena, the Commissioner may petition a court of competent jurisdiction and, upon proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey the court order shall be punishable as contempt of court. (4) When making an examination under this chapter, the Commissioner may retain attorneys, appraisers, independent actuaries, independent certified public accountants, or other professionals and specialists as examiners, the reasonable cost of which shall be borne by the licensee that is the subject of the examination. (5) Nothing contained in this chapter shall be construed to limit the Commissioners authority to terminate or suspend an examination in order to pursue other legal or regulatory action pursuant to the insurance laws of this state. Findings of fact and conclusions made pursuant to any examination shall be prima-facie evidence in any legal or regulatory action. (6) Nothing contained in this chapter shall be construed to limit the Commissioners authority to use and, if appropriate, to make public any final or preliminary examination report, any examiner or licensee work papers or other documents, or any other information discovered or developed during the course of any examination in the furtherance of any legal or regulatory action which the Commissioner may, in his or her sole discretion, deem appropriate. (7) The licensee shall pay the charges incurred in the examination, including the expenses of the Commissioner or his or her designee and the expenses and compensation of the Commissioners examiners and assistants. If a licensee feels the fees assessed are unreasonable in relation to the examination performed, the licensee

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may appeal the assessments pursuant to Chapter 13 of Title 50. If no hearing is requested or if after a hearing and appeal process the licensee refuses or fails to pay, the Commissioner or his or her designee shall promptly institute a civil action to recover the expenses of examination against a licensee. (d) Examination reports. (1) Examination reports shall comprise only facts appearing upon the books, records, or other documents of the licensee, its agents, or other persons examined or as ascertained from the testimony of its officers or agents or other persons examined concerning its affairs and such conclusions and recommendations as the examiners find reasonably warranted from the facts. (2) No later than 60 days following completion of the examination, the examiner in charge shall file with the Commissioner a verified written report of examination under oath. Upon receipt of the verified report, the Commissioner shall transmit the report to the licensee examined, together with a notice that shall afford the licensee examined a reasonable opportunity of not more than 30 days to make a written submission or rebuttal with respect to any matters contained in the examination report. (3) Within 30 days of the end of the period allowed for the receipt of written submissions or rebuttals, the Commissioner shall fully consider and review the report, together with any written submissions or rebuttals and any relevant portions of the examiners work papers and enter an order:
(A) Adopting the examination report as filed or with modification or corrections. If the examination report reveals that the company is operating in violation of any law, rule, or prior order of the Commissioner, the Commissioner may order the company to take any action the Commissioner considers necessary and appropriate to cure the violation; (B) Rejecting the examination report with directions to the examiners to reopen the examination for purposes of obtaining additional data, documentation, or information and refiling; or (C) Calling for an investigatory hearing with no less than 20 days notice to the company for purposes of obtaining additional documentation, data, information, and testimony. (4) All orders entered pursuant to this subsection shall be accompanied by findings and conclusions resulting from the Commissioners consideration and review of the examination report, relevant examiner work papers, and any written submissions or rebuttals. Any order issued pursuant to subparagraph (A) of paragraph (3) of this subsection shall be considered a final administrative decision and may be appealed pursuant to Chapter 13 of Title 50 and shall be served upon the company by certified mail or statutory overnight delivery, together with a copy of the adopted examination report. Within 30 days of the issuance of the adopted report the company shall file affidavits executed by each of its directors stating under oath that they have received a copy of the adopted report and related orders. (5) Hearings conducted pursuant to this Code section shall be subject to the following

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requirements: (A) Any hearing conducted pursuant to this Code section by the Commissioner or the Commissioners authorized representative shall be conducted as a nonadversarial confidential investigatory proceeding as necessary for the resolution of any inconsistencies, discrepancies, or disputed issues apparent upon the face of the filed examination report or raised by or as a result of the Commissioners review of relevant work papers or by the written submission or rebuttal of the company. Within 20 days of the conclusion of any hearing, the Commissioner shall enter an order pursuant to paragraph (3) of this subsection; (B) The Commissioner may not appoint an examiner as an authorized representative to conduct the hearing. The hearing shall proceed expeditiously with discovery by the company limited to the examiners work papers which tend to substantiate any assertions set forth in any written submission or rebuttal. The Commissioner or the Commissioners representative may issue subpoenas for the attendance of any witnesses or the production of any documents considered relevant to the investigation whether under the control of the Commissioner, the company, or other persons. The documents produced shall be included in the record and testimony taken by the Commissioner or the Commissioners representative shall be under oath and preserved for the record. Nothing contained in this Code section shall require the Commissioner to disclose any information or records which would indicate or show the existence or content of any investigation or activity of a criminal justice agency; and (C) The hearing shall proceed with the Commissioner or the Commissioners representative posing questions to the persons subpoenaed. Thereafter, the company and the department may present testimony relevant to the investigation. Crossexamination may be conducted only by the Commissioner or the Commissioners representative. The company and the Commissioner shall be permitted to make closing statements and may be represented by counsel of their choice.
(6) In the event the Commissioner determines that regulatory action is appropriate as a result of an examination, the Commissioner may initiate any proceedings or actions provided by law. (e) Confidentiality of examination information. (1) Names and individual identification data for all sellers shall be considered private and confidential information and shall not be disclosed by the Commissioner, unless required by law.
(2)(A) Except as otherwise provided in this chapter, all examination reports, working papers, recorded information, documents, and copies thereof produced by, obtained by, or disclosed to the Commissioner or any other person in the course of an examination made under this chapter or in the course of analysis or investigation by the Commissioner of the financial condition or market conduct of a licensee are:
(i) Confidential by law and privileged; (ii) Not subject to the provisions of Chapter 18 of Title 50; (iii) Not subject to subpoena; and

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(iv) Not subject to discovery or admissible in evidence in any private civil action. (B) The Commissioner is authorized to use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as part of the Commissioners official duties. (3) Documents, materials, or other information, including, but not limited to, all working papers, and copies thereof, in the possession or control of the National Association of Insurance Commissioners and its affiliates and subsidiaries are: (A) Confidential by law and privileged; (B) Not subject to subpoena; and (C) Not subject to discovery or admissible in evidence in any private civil action if they are:
(i) Created, produced, or obtained by or disclosed to the National Association of Insurance Commissioners and its affiliates and subsidiaries in the course of assisting an examination made under this chapter or assisting an insurance commissioner in the analysis or investigation of the financial condition or market conduct of a licensee; or (ii) Disclosed to the National Association of Insurance Commissioners and its affiliates and subsidiaries under paragraph (5) of this subsection by the Commissioner. (4) For the purposes of paragraph (2) of this subsection, 'chapter' includes the law of another state or jurisdiction that is substantially similar to this chapter. (5) The Commissioner or any person that received the documents, material, or other information while acting under the authority of the Commissioner, including the National Association of Insurance Commissioners and its affiliates and subsidiaries, is permitted to testify in any private civil action concerning any confidential documents, materials, or information subject to paragraph (1) of this subsection. (6) In order to assist in the performance of the Commissioners duties, the Commissioner: (A) May share documents, materials, or other information, including the confidential and privileged documents, materials, or information subject to paragraph (1) of this subsection, with other state, federal, and international regulatory agencies, with the National Association of Insurance Commissioners and its affiliates and subsidiaries, and with state, federal, and international law enforcement authorities, provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material, communication, or other information; (B) May receive documents, materials, communications, or information, including otherwise confidential and privileged documents, materials, or information, from the National Association of Insurance Commissioners and its affiliates and subsidiaries and from regulatory and law enforcement officials of other foreign or domestic jurisdictions and shall maintain as confidential or privileged any document, material, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the

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document, material, or information; and (C) May enter into agreements governing sharing and use of information consistent with this subsection. (7) No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information shall occur as a result of disclosure to the Commissioner under this Code section or as a result of sharing as authorized in paragraph (5) of this subsection. (8) A privilege established under the law of any state or jurisdiction that is substantially similar to the privilege established under this subsection shall be available and enforced in any proceeding in and in any court of this state. (9) Nothing contained in this chapter shall prevent or be construed as prohibiting the Commissioner from disclosing the content of an examination report, preliminary examination report, or results, or any matter relating thereto, to the insurance commissioner of any other state or country or to law enforcement officials of this or any other state or agency of the federal government at any time or to the National Association of Insurance Commissioners, so long as such agency or office receiving the report or matters relating thereto agrees in writing to hold it confidential and in a manner consistent with this chapter. (f) Conflict of interest. (1) An examiner may not be appointed by the Commissioner if the examiner, either directly or indirectly, has a conflict of interest or is affiliated with the management of or owns a pecuniary interest in any person subject to examination under this chapter. This Code section shall not be construed to automatically preclude an examiner from being: (A) A seller; (B) An insured in a purchased policy; or (C) A beneficiary in an insurance policy that is proposed to be the subject of a life settlement contract. (2) Notwithstanding the requirements of this subsection, the Commissioner may retain from time to time, on an individual basis, qualified actuaries, certified public accountants, or other similar individuals who are independently practicing their professions even though these persons may from time to time be similarly employed or retained by persons subject to examination under this chapter. (g) Cost of examinations. The expenses incurred in conducting any examination shall be paid by the licensee or applicant. (h) Immunity from liability. (1) No cause of action shall arise nor shall any liability be imposed against the Commissioner, the Commissioners authorized representatives, or any examiner appointed by the Commissioner for any statements made or conduct performed in good faith while carrying out the provisions of this chapter. (2) No cause of action shall arise, nor shall any liability be imposed against any person, for the act of communicating or delivering information or data to the

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Commissioner or the Commissioners authorized representative or examiner pursuant to an examination made under this chapter, if the act of communication or delivery was performed in good faith and without fraudulent intent or the intent to deceive. This paragraph does not abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by any person identified in paragraph (1) of this subsection. (3) A person identified in paragraph (1) or (2) of this subsection shall be entitled to an award of attorneys fees and costs if he or she is the prevailing party in a civil cause of action for libel, slander, or any other relevant tort arising out of activities in carrying out the provisions of this chapter and the party bringing the action was not substantially justified in doing so. For purposes of this paragraph a proceeding is 'substantially justified' if it had a reasonable basis in law or fact at the time that it was initiated. (i) Investigative authority of the commissioner. The Commissioner may investigate suspected fraudulent life settlement acts and persons engaged in the business of life settlements.
33-59-8. (a) With each application for a life settlement contract, a life settlement provider or life insurance producer shall provide the seller with at least the following disclosures no later than the time the application for the life settlement contract is signed by all parties. The disclosures shall be provided in a separate document that is signed by the seller and the life settlement provider or life insurance producer and shall provide the following information:
(1) That there exist possible alternatives to a life settlement contract including any accelerated death benefits or policy loans offered under the sellers life insurance policy; (2) That some or all of the proceeds of the life settlement contract may be taxable under federal income tax and state franchise and income taxes and assistance may be sought from a professional tax adviser; (3) That proceeds of the life settlement contract may be subject to the claims of creditors; (4) That receipt of the proceeds of a life settlement contract may adversely affect the sellers eligibility for Medicaid or other government benefits or entitlements and advice may be obtained from the appropriate government agencies; (5) That the seller has the right to rescind a life settlement contract before the earlier of 30 calendar days after the date upon which the life settlement contract is executed by all parties or for 15 calendar days after the receipt of the life settlement proceeds by the seller. Rescission, if exercised by the seller, is effective only if both notice of the rescission is given and repayment of all proceeds and any premiums, loans, and loan interest to the life settlement provider is made within the rescission period. If the insured dies during the rescission period, the life settlement contract is deemed to have been rescinded, subject to repayment being made to the life settlement provider

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within the rescission period of all life settlement proceeds and any premiums, loans, and loan interest; (6) That funds shall be sent to the seller within three business days after the life settlement provider has received the insurer or group administrators acknowledgment that ownership of the purchased policy has been transferred and the beneficiary has been designated; (7) That entering into a life settlement contract may cause other rights or benefits, including conversion rights and waiver of premium benefits that may exist under the policy, to be forfeited by the seller and assistance may be sought from a financial adviser; (8) That the disclosure to a seller shall include distribution of a brochure, approved by the Commissioner, describing the process of life settlements; (9) That the disclosure document shall contain the following language: 'All medical, financial, or personal information solicited or obtained by a life settlement provider or a life insurance producer about an insured, including the insureds identity or the identity of family members, a spouse, or a significant other, may be disclosed as necessary to effect the life settlement contract between the seller and the life settlement provider. If you are asked to provide this information, you will be asked to consent to the disclosure. The information may be provided to someone who buys the policy or provides funds for the purchase. You may be asked to renew your permission to share information every two years.'; and (10) That the insured may be contacted by either the life settlement provider or its authorized representative for the purpose of determining the insureds health status. This contact is limited to once every three months if the insured has a life expectancy of more than one year and no more than once each month if the insured has a life expectancy of one year or less. (b) A life settlement provider shall provide the seller with at least the following disclosures no later than the date the life settlement contract is signed by all parties. The disclosures shall be displayed conspicuously in the life settlement contract or in a separate document signed by the seller and the life settlement provider and provide the following information: (1) The affiliation, if any, between the life settlement provider and the issuer of the insurance policy to be acquired pursuant to a life settlement contract; (2) The name, address, and telephone number of the life settlement provider; (3) If a policy to be acquired pursuant to a life settlement contract has been issued as a joint policy or involves family riders or any coverage of a life other than the insured under the policy to be acquired pursuant to a life settlement contract, the seller shall be informed of the possible loss of coverage on the other lives under the policy and shall be advised to consult with his or her insurance producer or the insurer issuing the policy for advice on the proposed life settlement contract; (4) The dollar amount of the current death benefit payable to the life settlement provider under the policy. If known, the life settlement provider also shall disclose the availability of additional guaranteed insurance benefits, the dollar amount of

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accidental death and dismemberment benefits under the policy or certificate, and the life settlement providers interest in those benefits; and (5) The name, business address, and telephone number of the independent third-party escrow agent and the fact that the seller may inspect or receive copies of the relevant escrow or trust agreements or documents. (c) If the life settlement provider transfers ownership or changes the beneficiary of the policy, the life settlement provider shall communicate the change in ownership or beneficiary to the insured within 20 days after the change.
33-59-9. (a)(1) A life settlement provider entering into a life settlement contract first shall obtain: (A) If the seller is the insured, a written statement from a licensed attending physician that the seller is of sound mind and under no constraint or undue influence to enter into a life settlement contract; and (B) A document in which the insured consents to the release of his or her medical records to a life settlement provider or insurance producer and, if the policy was issued less than two years from the date of application for a life settlement contract, to the insurance company that issued the policy. (2) The insurer shall respond to a request for verification of coverage submitted by a life settlement provider or life insurance producer not later than 30 calendar days from the date the request is received. The request for verification of coverage shall be made on a form approved by the Commissioner. The insurer shall complete and issue the verification of coverage or indicate in which respects it is unable to respond. In its response, the insurer shall indicate whether, based on the medical evidence and documents provided, the insurer intends to pursue an investigation at this time regarding the validity of the insurance contract or possible fraud and shall provide sufficient detail of all reasons for the investigation to the life settlement provider or the life insurance producer. (3) Before or at the time of execution of the life settlement contract, the life settlement provider shall obtain a witnessed document in which the seller consents to the life settlement contract, represents that the seller has a full and complete understanding of the life settlement contract, represents that the seller has a full and complete understanding of the benefits of the policy, acknowledges that the seller is entering into the life settlement contract freely and voluntarily, and, for persons with a terminal or chronic illness or condition, acknowledges that the insured has a terminal or chronic illness and that the terminal or chronic illness or condition was diagnosed after the policy was issued. (4) If a life insurance producer performs any of these activities required of the life settlement provider, the life settlement provider is deemed to have fulfilled the requirements of this Code section.
(b) Medical information solicited or obtained by a licensee is subject to the applicable provisions of state law relating to confidentiality of medical or protected health

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information. (c) A life settlement contract entered into in this state shall provide the seller with an unconditional right to rescind the contract before the earlier of 30 calendar days after the date upon which the life settlement contract is executed by all parties or 15 calendar days after the receipt of the life settlement proceeds by the seller. Rescission, if exercised by the seller, is effective only if both notice of the rescission is given and repayment of all proceeds and any premiums, loans, and loan interest to the life settlement provider is made within the rescission period. If the insured dies during the rescission period, the life settlement contract shall be deemed to have been rescinded, subject to repayment of all life settlement proceeds and any premiums, loans, and loan interest to the life settlement provider. (d) The life settlement provider shall instruct the seller to send the executed documents required to effect the change in ownership, assignment, or change in beneficiary directly to the independent escrow agent. Within three business days after the date the escrow agent receives the documents or from the date the life settlement provider receives the documents, if the seller erroneously provides the documents directly to the life settlement provider, the life settlement provider shall pay or transfer the proceeds of the life settlement contract into an escrow or trust account maintained in a state or federally chartered financial institution whose deposits are insured by the Federal Deposit Insurance Corporation. Upon payment of the life settlement proceeds into the escrow account, the escrow agent shall deliver the original change in ownership, assignment, or change in beneficiary forms to the life settlement provider or related provider trust. Upon the escrow agents receipt of the acknowledgment of the properly completed transfer of ownership, assignment, or designation of beneficiary from the insurance company, the escrow agent shall pay the life settlement proceeds to the seller. (e) Failure to tender consideration to the seller for the life settlement contract within the time disclosed renders the life settlement contract voidable by the seller for lack of consideration until the time consideration is tendered to and accepted by the seller. (f) A contact with the insured, for the purpose of determining the health status of the insured by the life settlement provider after the life settlement contract has been executed, may only be made by the licensed life settlement provider or its authorized representatives and is limited to once every three months for insureds with a life expectancy of more than one year and not more than once each month for insureds with a life expectancy of one year or less. The life settlement provider shall explain the procedure for these contacts at the time the life settlement contract is entered into. The limitations provided for in this subsection do not apply to a contact with an insured for reasons other than determining the insureds health status. A life settlement provider is responsible for the actions of his or her authorized representatives.
33-59-10. It is a violation of this chapter for a person to enter into a life settlement contract within a two-year period commencing with the date of issuance of the policy unless the seller certifies to the life settlement provider that one or more of the following conditions

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have been met within the two-year period: (1) The policy was issued upon the sellers exercise of conversion rights arising out of a group or individual policy, provided the total of the time covered under the conversion policy plus the time covered under the prior policy is at least 24 months. The time covered under a group policy shall be calculated without regard to a change in insurance carriers, provided the coverage has been continuous and under the same group sponsorship; or (2)(A) The seller submits independent evidence to the life settlement provider that one or more of the following conditions have been met within the two-year period: (i) The seller or insured is terminally or chronically ill; or (ii) The seller or insured disposes of his or her ownership interests in a closely held corporation, pursuant to the terms of a buyout or other similar agreement in effect at the time the insurance policy was initially issued. (B) Copies of the independent evidence described in paragraph (2) of this Code section and documents required in subsection (a) of Code Section 33-59-9 shall be submitted to the insurer when the life settlement provider submits a request to the insurer for verification of coverage. The copies shall be accompanied by a letter of attestation from the life settlement provider that the copies are true and correct copies of the documents received by the life settlement provider; (C) If the life settlement provider submits to the insurer a copy of independent evidence provided for in subparagraph (A) of paragraph (2) of this Code section when the life settlement provider submits a request to the insurer to effect the transfer of the policy to the life settlement provider, the copy is deemed to conclusively establish that the life settlement contract satisfies the requirements of this Code section and the insurer shall respond timely to the request.
33-59-11. (a) The purpose of this Code section is to provide a prospective seller with clear and unambiguous statements in the advertisement of a life settlement contract and to assure the clear, truthful, and adequate disclosure of the benefits, risks, limitations, and exclusions of a life settlement contract. This purpose is to be accomplished by the establishment of guidelines and standards of permissible and impermissible conduct in the advertising of a life settlement contract to assure that a product description is presented in a manner that prevents unfair, deceptive, or misleading advertising and is conducive to accurate presentation and description of a life settlement contract through the advertising media and material used by a licensee. (b) This Code section applies to an advertising of a life settlement contract or a related product or service intended for dissemination in this state, including Internet advertising viewed by a person located in this state. Where disclosure requirements are established pursuant to federal regulation, this Code section shall be interpreted so as to minimize or eliminate conflict with federal regulation wherever possible. (c) Each life settlement licensee shall establish and at all times maintain a system of control over the content, form, and method of dissemination of an advertisement of its

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contracts, products, and services. An advertisement regardless of by whom written, created, designed, or presented, is the responsibility of the licensee, as well as the individual who created or presented the advertisement. A system of control by the licensee shall include regular routine notification, at least once a year, to agents and others authorized to disseminate advertisements of the requirements and procedures for approval before the use of an advertisement not furnished by the licensee. (d) An advertisement shall be truthful and not misleading in fact or by implication. The form and content of an advertisement of a life settlement contract shall be sufficiently complete and clear so as to avoid deception. It may not have the capacity or tendency to mislead or deceive. Whether an advertisement has the capacity or tendency to mislead or deceive shall be determined by the Commissioner from the overall impression that the advertisement may be reasonably expected to create upon a person of average education or intelligence within the segment of the public to which it is directed.
(e)(1) The information required to be disclosed under this Code section may not be minimized, rendered obscure, or presented in an ambiguous fashion or intermingled with the text of the advertisement so as to be confusing or misleading. (2) An advertisement may not omit material information or use words, phrases, statements, references, or illustrations if the omission or use has the capacity, tendency, or effect of misleading or deceiving the public as to the nature or extent of any benefit, loss covered, or state or federal tax consequence. The fact that the life settlement contract offered is made available for inspection before consummation of the sale or an offer is made to refund the payment if the seller is not satisfied or that the life settlement contract includes a 'free look' period that satisfies or exceeds legal requirements does not remedy misleading statements. (3) An advertisement may not use the name or title of a life insurance company or a life insurance policy unless the advertisement has been approved by the insurer. (4) An advertisement may not state or imply that interest charged on an accelerated death benefit or a policy loan is unfair, inequitable, or in any manner an incorrect or improper practice. (5) The words 'free,' 'no cost,' 'without cost,' 'no additional cost,' 'at no extra cost,' or words of similar import may not be used with respect to a benefit or service unless true. An advertisement may specify the charge for a benefit or service or may state that a charge is included in the payment or use other appropriate language.
(6)(A) Any testimonial, appraisal, or analysis used in an advertisement shall: (i) Be genuine; (ii) Represent the current opinion of the author; (iii) Be applicable to the life settlement contract, product, or service advertised, if any; and (iv) Be accurately reproduced with sufficient completeness to avoid misleading or deceiving prospective sellers as to the nature or scope of any testimonial, appraisal, analysis, or endorsement.
(B) In using any testimonials, appraisals, or analyses, the life settlement licensee

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makes as its own all the statements contained in them, and the statements are subject to all the provisions of this Code section. (C) If the individual making a testimonial, appraisal, analysis, or an endorsement has a financial interest in the life settlement provider or related entity as a stockholder, director, officer, employee, or otherwise, or receives a benefit, directly or indirectly, other than required union scale wages, that fact shall be disclosed prominently in the advertisement. (D) An advertisement may not state or imply that a life settlement contract, benefit, or service has been approved or endorsed by a group of individuals, society, association, or other organization, unless that is the fact and unless any relationship between an organization and the licensee is disclosed. If the entity making the endorsement or testimonial is owned, controlled, or managed by the licensee or receives payment or other consideration from the licensee for making an endorsement or testimonial, that fact shall be disclosed in the advertisement. (E) If an endorsement refers to benefits received under a life settlement contract, all pertinent information shall be retained for a period of five years after its use. (f) An advertisement may not contain statistical information unless it accurately reflects recent and relevant facts. The source of all statistics used in an advertisement shall be identified. (g) An advertisement may not disparage insurers, life settlement providers, insurance producers, policies, services, or methods of marketing. (h) The name of the life settlement licensee shall be identified clearly in all advertisements about the licensee or its life settlement contract, products, or services and, if any specific life settlement contract is advertised, the life settlement contract shall be identified either by form number or some other appropriate description. If an application is part of the advertisement, the name of the life settlement provider shall be shown on the application. (i) An advertisement may not use a trade name, group designation, name of the parent company of a licensee, name of a particular division of the licensee, service mark, slogan, symbol, or other device or reference without disclosing the name of the licensee, if the advertisement has the capacity or tendency to mislead or deceive as to the true identity of the licensee, or to create the impression that a company other than the licensee has any responsibility for the financial obligation under a life settlement contract. (j) An advertisement may not use any combination of words, symbols, or physical materials that by their content, phraseology, shape, color, or other characteristics are so similar to a combination of words, symbols, or physical materials used by a government program or agency or otherwise appear to be of such a nature that they tend to mislead prospective sellers into believing that the solicitation is in some manner connected with a government program or agency. (k) An advertisement may state that a licensee is licensed in the state where the advertisement appears, provided it does not exaggerate that fact or suggest or imply that the competing licensee may not be so licensed. The advertisement may ask the

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audience to consult the licensees website or contact the Department of Insurance to find out if that state requires licensing and, if so, whether the licensee or any other company is licensed. (l) An advertisement may not create the impression that the life settlement provider, its financial condition or status, the payment of its claims, or the merits, desirability, or advisability of its life settlement contracts are recommended or endorsed by any government entity. (m) The name of the actual licensee shall be stated in all of its advertisements. An advertisement may not use a trade name, any group designation, name of any affiliate or controlling entity of the licensee, service mark, slogan, symbol, or other device in a manner that has the capacity or tendency to mislead or deceive as to the true identity of the actual licensee or create the false impression that an affiliate or controlling entity has any responsibility for the financial obligation of the licensee. (n) An advertisement may not, directly or indirectly, create the impression that any division or agency of the state or of the United States government endorses, approves, or favors:
(1) A licensee or its business practices or methods of operation; (2) The merits, desirability, or advisability of a life settlement contract; (3) Any life settlement contract; or (4) Any policy or life insurance company. (o) If the advertiser emphasizes the speed with which the life settlement contract occurs, the advertising shall disclose the average time frame from completed application to the date of offer and from acceptance of the offer to receipt of the funds by the seller. (p) If the advertising emphasizes the dollar amounts available to sellers, the advertising shall disclose the average purchase price as a percent of face value obtained by sellers contracting with the licensee during the past six months.
33-59-12. (a)(1) A person shall not commit a fraudulent life settlement act. (2) A person, knowingly or intentionally, shall not interfere with the enforcement of the provisions of this chapter or investigations of suspected or actual violations of this chapter. (3) A person in the business of life settlements, knowingly or intentionally, shall not permit a person convicted of a felony involving dishonesty or breach of trust to participate in the business of life settlements. (b)(1) A life settlement contract and an application for a life settlement contract, regardless of the form of transmission, shall contain the following statement or a substantially similar statement: 'Any person who knowingly presents false information in an application for insurance or life settlement contract is guilty of a crime and, upon conviction, may be subject to fines or confinement in prison, or both.' (2) The lack of a statement as provided for in paragraph (1) of this subsection does

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not constitute a defense in any prosecution for a fraudulent life settlement act. (c)(1) A person engaged in the business of life settlements having knowledge or a reasonable belief that a fraudulent life settlement act is being, will be, or has been committed shall provide to the Commissioner the information required by and in a manner prescribed by the Commissioner. (2) Another person having knowledge or a reasonable belief that a fraudulent life settlement act is being, will be, or has been committed may provide to the Commissioner the information required by and in a manner prescribed by the Commissioner. (d)(1) A civil liability may not be imposed on and a cause of action may not arise from a persons furnishing information concerning suspected, anticipated, or completed fraudulent life settlement acts or suspected or completed fraudulent insurance acts, if the information is provided to or received from:
(A) The Commissioner or the Commissioners employees, agents, or representatives; (B) Federal, state, or local law enforcement or regulatory officials or their employees, agents, or representatives; (C) A person involved in the prevention and detection of fraudulent life settlement acts or that persons agents, employees, or representatives; (D) The National Association of Insurance Commissioners, National Association of Securities Dealers, the North American Securities Administrators Association , or their employees, agents, or representatives or any other regulatory body overseeing life insurance or life settlement contracts; or (E) The insurer that issued the policy covering the life of the insured. (2) Paragraph (1) of this subsection does not apply to a statement made with actual malice. In an action brought against a person for filing a report or furnishing other information concerning a fraudulent life settlement act or a fraudulent insurance act, the party bringing the action shall plead specifically any allegation that paragraph (1) of this subsection does not apply because the person filing the report or furnishing the information did so with actual malice. (3) A person identified in paragraph (1) of this subsection is entitled to an award of attorneys fees and costs if he or she is the prevailing party in a civil cause of action for libel, slander, or another relevant tort arising out of activities in carrying out the provisions of this chapter and the party bringing the action was not substantially justified in doing so. For purposes of this Code section, a proceeding is 'substantially justified' if it had a reasonable basis in law or fact at the time that it was initiated. (4) This Code section does not abrogate or modify common law or statutory privileges or immunities enjoyed by a person described in paragraph (1) of this subsection. (5) Paragraph (1) of this subsection does not apply to a persons furnishing information concerning his or her own suspected, anticipated, or completed fraudulent life settlement acts or suspected, anticipated, or completed fraudulent insurance acts. (e)(1) The documents and evidence provided pursuant to subsection (d) of this Code

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section or obtained by the Commissioner in an investigation of suspected or actual fraudulent life settlement acts are privileged and confidential and are not a public record and are not subject to discovery or subpoena in a civil or criminal action. (2) Paragraph (1) of this subsection does not prohibit release by the Commissioner of documents and evidence obtained in an investigation of suspected or actual fraudulent life settlement acts:
(A) In administrative or judicial proceedings to enforce laws administered by the Commissioner; (B) To federal, state, or local law enforcement or regulatory agencies, to an organization established for the purpose of detecting and preventing fraudulent life settlement acts, or to the National Association of Insurance Commissioners; or (C) At the discretion of the Commissioner, to a person in the business of life settlements that is aggrieved by a fraudulent life settlement act. (3) Release of documents and evidence provided by paragraph (2) of this subsection does not abrogate or modify the privilege granted in paragraph (1) of this subsection. (f) This chapter does not: (1) Preempt the authority or relieve the duty of other law enforcement or regulatory agencies to investigate, examine, and prosecute suspected violations of law; (2) Prevent or prohibit a person from disclosing voluntarily information concerning fraudulent life settlement acts to a law enforcement or regulatory agency other than the insurance department; or (3) Limit the powers granted elsewhere by the laws of this state to the Commissioner or an insurance fraud unit to investigate and examine possible violations of law and to take appropriate action against wrongdoers. (g) A life settlement provider shall adopt antifraud initiatives reasonably calculated to detect, assist in the prosecution of, and prevent fraudulent life settlement acts. The Commissioner may order or, if a licensee requests, may grant these modifications of the following required initiatives as necessary to ensure an effective antifraud program. The modifications may be more or less restrictive than the required initiatives so long as the modifications reasonably may be expected to accomplish the purpose of this Code section. Antifraud initiatives include: (1) Fraud investigators, who may be a life settlement provider or employees or independent contractors of those life settlement providers; and (2) An antifraud plan that is submitted to the Commissioner. The antifraud plan shall include, but not be limited to, a description: (A) Of the procedures for detecting and investigating possible fraudulent life settlement acts and procedures for resolving material inconsistencies between medical records and insurance applications; (B) Of the procedures for reporting possible fraudulent life settlement acts to the Commissioner; (C) Of the plan for antifraud education and training of underwriters and other personnel; and (D) A chart outlining the organizational arrangement of the antifraud personnel

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who are responsible for the investigation and reporting of possible fraudulent life settlement acts and investigating unresolved material inconsistencies between medical records and insurance applications. (3) Antifraud plans submitted to the Commissioner are privileged and confidential and are not a public record are not subject to discovery or subpoena in a civil or criminal action.
33-59-13. (a) In addition to the penalties and other enforcement provisions of this chapter, if a person violates the provisions of this chapter or any regulation implementing this chapter, the Commissioner may seek an injunction in a court of competent jurisdiction and may apply for temporary and permanent orders as the Commissioner determines are necessary to restrain the person from committing the violation. (b) A person damaged by the acts of a person in violation of this chapter may bring a civil action against the person committing the violation in a court of competent jurisdiction. (c) The Commissioner may issue, in accordance with Code Section 33-2-24, a cease and desist order upon a person that violates any provision of this chapter, any regulation or order adopted by the Commissioner, or any written agreement entered into with the Commissioner. (d) When the Commissioner finds that an activity in violation of this chapter presents an immediate danger to the public that requires an immediate final order, the Commissioner may issue an emergency cease and desist order reciting with particularity the facts underlying the findings. The emergency cease and desist order is effective immediately upon service of a copy of the order on the respondent and remains effective for 90 days. If the Commissioner begins nonemergency cease and desist proceedings, the emergency cease and desist order remains effective absent an order by a court of competent jurisdiction pursuant to Code Section 33-2-24. (e) In addition to the penalties and other enforcement provisions of this chapter, a person who violates this chapter is subject to civil penalties of up to $25,000.00 for each violation. Imposition of civil penalties is pursuant to an order of the Commissioner issued under Chapter 2 of this title. The Commissioners order may require a person found to be in violation of this chapter to make restitution to a person aggrieved by violations of this chapter.
(f)(1) A person convicted of a violation of this chapter by a court of competent jurisdiction shall be ordered to pay restitution to a person aggrieved by the violation of this chapter. Restitution shall be ordered in addition to a fine or imprisonment but not in lieu of a fine or imprisonment. (2) A person who is convicted of a violation of this chapter may be sentenced based on the greater of the value of property, services, or other benefits wrongfully obtained or attempted to be obtained or the aggregate economic loss suffered by any person as a result of the violation. A person may be sentenced to:
(A) Imprisonment for not less than one nor more than 20 years or to payment of a

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fine of not more than $100,000.00, or both, if the value of life settlement contract is more than $35,000.00; (B) Imprisonment for not less than one nor more than ten years or to payment of a fine of not more than $20,000.00, or both, if the value of life settlement contract is more than $2,500.00 but not more than $35,000.00; (C) Imprisonment for not less than one nor more than five years or to payment of a fine of not more than $10,000.00, or both, if the value of life settlement contract is more than $500.00 but not more than $2,500.00; or (D) Imprisonment for not less than one year nor more than three years or to payment of a fine of not more than $3,000.00, or both, if the value of life settlement contract is $500.00 or less. (3) A person convicted of a fraudulent life settlement act shall be ordered to pay restitution to a person aggrieved by the fraudulent life settlement act. Restitution shall be ordered in addition to a fine or imprisonment but not instead of a fine or imprisonment. (4) In a prosecution under this Code section, the value of a life settlement contract within a six-month period may be aggregated and the defendant charged accordingly in applying the provisions of this Code section. If two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in a county in which one of the offenses was committed for all of the offenses aggregated as provided by this Code section. The statute of limitations shall not begin to run until the insurance company or law enforcement agency is aware of the fraud, but the prosecution may not be commenced later than seven years after the act has occurred.
33-59-14. A violation of this chapter shall be considered an unfair trade practice under Chapter 6 of this title and subject to the penalties contained in that chapter.
33-59-15. The Commissioner shall have the authority to:
(1) Promulgate rules and regulations implementing this chapter; (2) Establish standards for evaluating reasonableness of payments under a life settlement contract for a person who is terminally or chronically ill. This authority includes, but is not limited to, regulation of discount rates used to determine the amount paid in exchange for assignment, transfer, sale, devise, or bequest of a benefit under a policy. A life settlement provider, where the insured is not terminally or chronically ill, shall pay an amount greater than the cash surrender value or accelerated death benefit then available; (3) Establish appropriate licensing requirements, fees, and standards for continued licensure for a life settlement provider and a fee for life insurance producers; (4) Require a bond or other mechanism for financial accountability for a life settlement provider; and

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(5) Adopt rules and regulations governing the relationship and responsibilities of an insurer and a life settlement provider, life insurance producer, and others in the business of life settlements during the period of consideration or effectuation of a life settlement contract.
33-59-16. Nothing in this chapter preempts or otherwise limits the provisions of Chapter 5 of Title 10, the 'Georgia Securities Act of 1973,' or any regulations, orders, policy statements, notices, bulletins, or other interpretations issued by or through the commissioner of securities or his or her designee acting pursuant to Chapter 5 of Title 10. Compliance with this chapter does not constitute compliance with any applicable provision of the Chapter 5 of Title 10 and any amendments thereto or any regulations, orders, policy statements, notices, bulletins, or other interpretations issued by or through the commissioner of securities or his or her designee acting pursuant to the Chapter 5 of Title 10.
33-59-17. A life settlement provider lawfully transacting business in this state may continue to do so pending approval or disapproval of the persons application for a license as long as the application is filed with the Commissioner not later than 30 days after publication by the Commissioner of an application form for licensure of these life settlement providers. If the publication of the application form is prior to the effective date of this chapter, then the filing of the application shall not be later than 30 days after the effective date of this chapter.
33-59-18. Notwithstanding the provisions of this chapter to the contrary, a person who has lawfully negotiated life settlement contracts between a seller and one or more life settlement provider for at least one year immediately prior to the effective date of this chapter may continue to negotiate life settlements in this state for a period of one year from the effective date of this chapter, provided that such person registers with the Commissioner on a form prescribed by the Commissioner. Such registration form shall be published by the Commissioner not later than 30 days from the effective date of this chapter and shall require a person registering to evidence that he or she has lawfully negotiated life settlement contracts and include an acknowledgment by such person that he or she will operate in accordance with and comply with this chapter.
SECTION 2. If any portion of this Act or any amendments thereto or its applicability to any person or circumstance is held invalid by a court, the remainder of this Act or its applicability to other persons or circumstances shall not be affected.

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SECTION 3. This Act shall become effective on the 180 days following its approval by the Governor or 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 45, nays 0, and the substitute was adopted.
*SB 267:
The Senate Public Safety and Homeland Security Committee offered the following substitute to SB 267:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to provide for annual renewal of certain parking permits for disabled persons; to provide for the certain specifications for such permits; to require that the person with the disability be the operator of or a passenger in the vehicle when such permit is being used; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended by striking Code Section 40-6-222, relating to parking permits for persons with disabilities, and inserting in lieu thereof a new Code Section 40-6-222 to read as follows:
40-6-222. (a) The Department of Motor Vehicle Safety shall issue parking permits for persons with disabilities at every place where it issues drivers licenses. The department shall also receive applications for and issue parking permits for persons with disabilities by mail and shall by regulation require such proof of disability or incapacity as is necessary to issue such permits by mail. Permits shall be in such form as the department prescribes but shall be of sufficient size and sufficiently distinctively marked to be easily visible when placed on or affixed to the drivers side of the dashboard or hung from the rearview mirror of the parked vehicle. Permits shall be made of plastic or heavyweight cardboard and shall be of sufficient quality to ensure that the coloring of the permit and the ink used thereon will resist fading for a period of at least four years

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two years. Permits shall be issued to individuals, and the name of the individual and an identification number shall appear on the permit. The individual to whom a permit is issued may use the permit for any vehicle he or she is operating or in which he or she is a passenger. Permits shall also be issued to institutions when the primary purpose of a vehicle operated by the institution is to transport individuals with disabilities. The name of the institution, the license number of the particular vehicle, and an identification number shall appear on the permit. The institution may use such permit only for a vehicle which is operated by the institution and which is used primarily to transport individuals with disabilities. (b) The department shall issue a temporary permit to any temporarily disabled person upon presentation of an affidavit of a practitioner of the healing arts stating that such person is a temporarily disabled person, the specific disability that limits or impairs the persons ability to walk or that he or she is a person with disabilities as specified in subparagraph (G) of paragraph (5) of Code Section 40-6-221, and a date until which such person is likely to remain disabled. The temporary permit shall be predominantly red in color and shall show prominently on its face an expiration date the same as the date specified by the physician for the likely termination of the disability, which date shall not be more than 180 days after the date the permit is issued. The expiration date shall be printed in a size of print that is legible when the permit is hung from the rearview mirror or displayed on the drivers side of the dashboard. (c) The department shall issue a permanent permit to any person who is obviously permanently disabled and to any other permanently disabled person upon presentation of an affidavit of a practitioner of the healing arts stating that such person is a permanently disabled person. The affidavit shall further state the specific disability that limits or impairs the persons ability to walk or that he or she is a person with disabilities as specified in subparagraph (G) of paragraph (5) of Code Section 40-6-221. The department shall also issue a permanent permit to an institution which operates vehicles used primarily for the transportation of individuals with disabilities, upon presentation of a certification from the institution regarding use of its vehicles. The institution shall receive permits only for the number of vehicles so used and shall affix the permits to the drivers side of the dashboards of such vehicles. The permanent permit shall be predominantly blue in color vary in color from one period to the next renewal period, but shall not be predominately red in color and shall show prominently on its face an expiration date four years two years from the date it is issued. The expiration date shall be printed in a size of print that is legible when the permit is hung from the rearview mirror or displayed on the drivers side of the dashboard. (d) Any individual to whom a specially designated disabled veterans license plate has been issued pursuant to Code Sections 40-2-69 through 40-2-72 and any individual to whom a specially designated disabled persons license plate has been issued pursuant to Code Section 40-2-74 shall be authorized to park the passenger motor vehicle on which the specially designated license plate is attached in a parking place for persons with disabilities without the necessity of obtaining a parking permit for persons with disabilities pursuant to this part.

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(e) The department shall issue a special permanent permit to any person who: (1) Because of a physical disability drives a motor vehicle which has been equipped with hand controls for the operation of the vehicles brakes and accelerator; or (2) Is physically disabled due to the loss of, or loss of use of, both upper extremities.
This special permanent permit shall be gold vary in color from one period to the next renewal period but shall not be predominately red in color and shall show prominently on its face an expiration date four years two years from the date it is issued. The expiration date shall be printed in a size of print that is legible when the permit is hung from the rearview mirror or displayed on the drivers side of the dashboard. Such a special permit may be used in the same manner as, and shall be subject to the provisions of this part relating to, other permanent parking permits for persons with disabilities and may also be used as provided in Code Section 10-1-164.1. In addition to any other required printing, the following shall be printed upon this special gold permit:
'Code Section 10-1-164.1 of the Official Code of Georgia Annotated requires that any owner or operator of a gasoline station that sells full-service gasoline at one price and self-service at a lower price shall provide the service of dispensing gasoline at the self-service price for the holder of this special permit when such holder requests such service and is the operator of the vehicle and is not accompanied by another person 16 years of age or older who is not mobility impaired or blind.'
SECTION 2. Said chapter is further amended by striking Code Section 40-6-226, relating to offenses and penalties, and inserting in lieu thereof a new Code Section 40-6-226 to read as follows:
40-6-226. (a) It shall be unlawful for any person to stop, stand, or park any vehicle in a parking place for persons with disabilities unless there is displayed on the drivers side of the dashboard or hung from the rearview mirror of the parked vehicle a valid unexpired parking permit for persons with disabilities or unless there is attached to the vehicle a specially designated license plate for disabled veterans or other disabled persons authorized under subsection (d) of Code Section 40-6-222 and unless such person is the person to whom such permit or license plate was issued; the person to whom such permit or license plate was issued is a passenger in the vehicle; or such vehicle is being used for the transportation of disabled passengers on behalf of the institution to which such permit was issued. (a.1) It shall be unlawful for any person to stop, stand, or park any vehicle in a parking place for persons with disabilities which is designated 'For Persons With Disabled Ambulatory Assistive Devices Only' unless:
(1) There is displayed on the drivers side of the dashboard or hung from the rearview mirror of the parked vehicle a valid unexpired parking permit for persons with disabilities or unless there is attached to the vehicle a specially designated license plate for disabled veterans or other disabled persons authorized under subsection (d) of Code Section 40-6-222; and

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(2) A person with disabilities who is using a wheelchair, crutches, walker, or other ambulatory assistive device is the driver of or a passenger in such vehicle. (b)(1) It shall be unlawful for any person to stop, stand, or park any vehicle in a parking place for persons with disabilities except for the purpose of allowing a disabled person to enter or get out of such vehicle while in such parking place. However, nothing in this paragraph shall prevent an ambulance or emergency vehicle from stopping in a parking place for persons with disabilities. (2) It shall be unlawful for any person to stop, stand, or park any vehicle in a parking place for the nonambulatory as provided by a business pursuant to the provisions of Code Section 40-6-225 except for the purpose of allowing a nonambulatory permanently disabled person to enter or get out of such vehicle while in such parking place. However, nothing in this paragraph shall prevent an ambulance or emergency vehicle from stopping in a parking place for the nonambulatory. (3) It shall be unlawful for any person to stop, stand, or park any vehicle in any area directly connecting with a parking place for persons with disabilities which area is clearly designed and designated for access to such parking place for persons with disabilities. (c) It shall be unlawful for any person to obtain by fraud or counterfeit a parking permit for persons with disabilities. (c.1) It shall be unlawful for any person to knowingly and willfully make a false or misleading statement in an application for a parking permit for persons with disabilities or in the affidavit of a practitioner of the healing arts stating that an applicant is a disabled person. (d) It shall be unlawful for any person or institution, other than the one to whom a parking permit for persons with disabilities or specially designated license plate for the disabled person is issued, to make use of a parking permit for persons with disabilities or specially designated license plate for a disabled person unless the person to whom such permit or license plate was issued is a passenger in such vehicle. It shall be unlawful for any person to use a parking permit for persons with disabilities for any institutional vehicle other than the vehicle for which the permit has been issued. It shall be unlawful for any person to use a parking permit for persons with disabilities issued to an institution for any purpose other than to transport disabled persons. (e) No person shall park a vehicle so as to block any entrance or exit ramp used by persons with disabilities on public or private property. (f)(1) Any person violating subsection (c) or (c.1) of this Code section shall be guilty of a misdemeanor. (2) Any person violating subsection (a), (a.1), (b), (d), or (e) of this Code section shall be subject to a fine of not less than $100.00 and not more than $500.00. (g) In addition to the penalties provided for in subsection (f) of this Code section, any vehicle which is illegally parked in a parking place for persons with disabilities which is marked by a sign bearing the words 'Tow-Away Zone' as described in paragraph (3) of Code Section 40-6-221 on public or private property may be towed away or caused to be towed away by a proper law enforcement agency or the official security agency of

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said property at the expense of the owner of the vehicle or, if the vehicle is leased or rented, at the expense of the person responsible for payment on the lease or rental agreement. (h) A property owner who is required to provide parking places for persons with disabilities shall designate each such place with a sign meeting the applicable requirements specified therefor by paragraph (3) of Code Section 40-6-221 and upon failure so to designate each such parking place for persons with disabilities shall be subject to a fine of $150.00 for each place which is not so designated; provided, however, that the fine will be waived if the required designation is made within 14 days from the date of citation. If that property owner fails or refuses to designate properly the parking places for persons with disabilities within such 14 days, the property owner shall, on the fifteenth day after receiving the citation, be subject to the $150.00 fine for each place and an additional $5.00 fine for each place for each day that the owner fails to comply with provisions of this subsection until the places are properly designated. All fines assessed under this subsection shall be paid into the treasury of the city or county issuing the citation against the owner.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted.
The amendment to the following bill was put upon its adoption:
*SB 308:
The Senate Public Safety and Homeland Security Committee offered the following amendment:
Amend SB 308 by inserting after "recertifications," on line 31 on page 2 "decertifications,".
On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.

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

On the passage of the legislation on the Consent Calendar for Noncontested Senate General Legislation, a roll call was taken, and the vote was as follows:

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Y Adelman Balfour
Y Brown E Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson E Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson
Powell E Reed Y Rogers Y Schaefer Y Seabaugh E Seay E Shafer,D

Smith E Starr Y Staton Y Stephens Y Stoner
Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

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

The legislation on the Consent Calendar for Noncontested Senate General Legislation, except SB 217, SB 267 and SB 308, having received the requisite constitutional majority, were passed.

SB 217 and SB 267, having received the requisite constitutional majority, were passed by substitute.

SB 308, having received the requisite constitutional majority, was passed as amended.

Senator Stephens of the 27th moved that the Senate adjourn until 10:00 a.m. Saturday, March 12, 2005.

The motion prevailed, and the President announced the Senate adjourned at 8:50 p.m.

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Senate Chamber, Atlanta, Georgia Saturday, March 12, 2005
Thirty-first Legislative Day

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

Senator Thomas of the 54th reported that the Journal of the previous legislative day had been read and found to be correct.

The Journal was confirmed.

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

Mr. President:

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

HB 97.

By Representatives Ralston of the 7th and Graves of the 12th:

A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of judges of superior courts, so as to provide for a third judge of the superior courts of the Appalachian Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof; to provide for the manner of impaneling jurors; to provide for an additional court reporter for said circuit; to declare inherent authority; to provide for a conditional effective date; to repeal conflicting laws; and for other purposes.

HB 150.

By Representatives Franklin of the 43rd, Ehrhart of the 36th, Keen of the 179th, Burkhalter of the 50th, Willard of the 49th and others:

A BILL to be entitled an Act to amend Code Section 15-2-8 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Supreme Court, so as to provide that the Supreme Court shall permit any person who has graduated from a law school, regardless of whether such law school is

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HB 170. HB 173.

accredited or approved by the American Bar Association or the Georgia Board of Bar Examiners, to take the state bar examination if such person meets all other qualifications to take such examination; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Golick of the 34th, Roberts of the 154th, Ralston of the 7th, Mumford of the 95th, Miller of the 106th and others:
A BILL to be entitled an Act to enact the "Criminal Justice Act of 2005" so as to substantially revise the laws of this state relating to the conduct of criminal trials and appeals in criminal cases; to provide for a short title; to amend Chapter 7 of Title 5 of the Official Code of Georgia Annotated, relating to appeal or certiorari by the state in criminal cases, so as to provide that the state may appeal from an order, decision, or judgment of a superior court granting a motion for new trial or denying a motion by the state to recuse or disqualify a judge; to amend Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, so as to provide the state and the accused with the 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 Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide the state with an equal number of additional peremptory challenges in trials for jointly indicted defendants; to provide that the prosecuting attorney shall always conclude the argument to the jury; to change the provision relating to notice and argument in presentence hearings; to provide that provisions relating to discovery apply to sentencing proceedings; to amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to change the provisions relating to the impeachment of witnesses; to provide for the admission of evidence of character of a witness; to provide for the impeachment of witnesses through evidence of conviction of a crime; to provide for the admission of specific instances of conduct by a witness; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
By Representative Lunsford of the 110th:
A BILL to be entitled an Act to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem tax, so as to expand the ad valorem exemption for veterans organizations to

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HB 186. HB 194. HB 216.

include certain additional nonprofit veterans organizations; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
By Representatives Mitchell of the 88th, Mosley of the 178th, Floyd of the 99th, Meadows of the 5th and Henson of the 87th:
A BILL to be entitled an Act to amend Code Section 36-87-2 of the Official Code of Georgia Annotated, relating to the authority of counties and municipal corporations to participate in federal programs, so as to expand the purposes for which federal funds may be used by a county or municipal corporation; to repeal conflicting laws; and for other purposes.
By Representatives Martin of the 47th, Burkhalter of the 50th, Amerson of the 9th, Royal of the 171st, Ashe of the 56th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to teleworking for a limited period of time; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
By Representatives Neal of the 1st, Ralston of the 7th, Miller of the 106th, Burmeister of the 119th, Sheldon of the 105th and others:
A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the O.C.G.A., relating to controlled substances, so as to limit the sale and manner of sale of products containing pseudoephedrine; to provide for exceptions; to provide for mitigation of punishment under certain circumstances; to provide for penalties; to restrict the sale, transfer, manufacture, purchase for resale, and furnishing of certain precursor chemicals; to provide for definitions; to authorize the State Board of Pharmacy to promulgate certain rules and regulations regarding precursor chemicals and licenses and permits; to provide for licensing and permitting of persons who sell, transfer, manufacture, purchase for resale, or otherwise furnish or possess precursor chemicals; to require certain records to be maintained; to provide for exceptions; to provide for certain forfeitures; to provide for penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 236. HB 244. HB 268.

By Representatives Lane of the 158th, Stephens of the 164th, Barnard of the 166th and Burns of the 157th:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide that a rebuttable presumption that services, accommodations, entertainment, or the use of personal property which is available only for compensation was knowingly obtained by deception and with intent to avoid payment shall arise upon a showing that the person obtaining such services, accommodations, entertainment, or the use of personal property used false identification, provided false information on a written contract, made any payment with an insufficient check, or returned any personal property to a place or at a time other than as agreed upon; to repeal conflicting laws; and for other purposes.
By Representative Burmeister of the 119th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the O.C.G.A., relating to primaries and elections generally, so as to amend certain definitions; to authorize the Secretary of State to provide copies of the general election ballot and questions on compact disc or other media or an Internet website; to clarify the meaning of governing authority; to authorize the Secretary of State to review ballots for use on DRE units; to provide for certain training for poll officers; to change municipal qualifying periods; to provide that a candidate shall use the surname shown on such candidates voter registration card when qualifying for office; to provide that the form of a candidates name cannot be changed after the candidate qualifies; to provide for the offense of conspiracy to commit election fraud; to provide for effective dates; to repeal conflicting laws; and for other purposes.
By Representatives Crawford of the 127th, Fleming of the 117th and Ralston of the 7th:
A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, so as to change the provisions relating to the compensation of district attorneys, assistant district attorneys, district attorney investigators, and assistant district attorneys who temporarily substitute for a district attorney who dies or resigns during the term of office; to change the provisions relating to additional personnel for district attorneys offices; to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to change the annual salary of

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HB 275. HB 291.
HB 292.

district attorneys; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representatives Cole of the 125th, Mumford of the 95th, Golick of the 34th, Roberts of the 154th, Smith of the 129th and others:
A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees insurance and benefits plans, so as to transfer administration of certain deferred compensation plans from the State Personnel Board to the Board of Trustees of the Employees Retirement System of Georgia; to provide for transfer of accounts, funds, and information; to provide for investment advisors and counselors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Rogers of the 26th, Knox of the 24th, Meadows of the 5th and Dodson of the 75th:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to remove the requirement that managed care plans obtain certain acknowledgments; to provide for the maximum duration of certain credit life policies; to provide for a mortgagee group policy; to increase the maximum amount of coverage on an agricultural loan group policy; to provide that certain required provisions in group life insurance policies shall not apply to policies issued to a creditor to insure mortgagors; to require that certain individual and blanket accident and sickness policies insure certain dependent children of the insured up to and including age 25; to provide an exception for certain matters concerning renewability of policies; to clarify certain definitions; to clarify the applicable groups for blanket accident and sickness insurance; to provide an exception for intentional misrepresentation of material fact in applying for or procuring insurance as to treatment of certain statements made by a policyholder or insured person; to clarify the application of certain provisions to group and blanket accident and sickness insurance; to clarify certain provisions regarding insurance portability and renewability; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representatives Rogers of the 26th, Mills of the 25th, Reece of the 27th, Hembree of the 67th, Benton of the 31st and others:
A BILL to be entitled an Act to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to season and bag limits, promulgation

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HB 294. HB 306. HB 334. HB 353.

of rules and regulations by the board, possession of more than bag limit, and reporting number of deer killed, so as to change certain provisions relating to closed seasons for deer; to change certain provisions relating to open seasons, bag limits, and antler restrictions for deer; to repeal conflicting laws; and for other purposes.
By Representatives Miller of the 106th, Benfield of the 85th, Day of the 163rd, Smith of the 129th and Mumford of the 95th:
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 enforcement; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representatives Rice of the 51st, Ehrhart of the 36th and Burkhalter of the 50th:
A BILL to be entitled an Act to amend Code Section 48-8-63 of the Official Code of Georgia Annotated, relating to payment of sales and use tax by contractors, so as to change certain provisions regarding payment of use tax with respect to certain tangible personal property; to repeal conflicting laws; and for other purposes.
By Representatives Mumford of the 95th, Ralston of the 7th and Mangham of the 94th:
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, terms and compensation of judges, state grants for judicial salaries, qualifications, presiding judge, practice of law, and actions by judges including administration and expenditures, so as to provide for judicial salary supplements under certain circumstances; to provide for related matters; to provide for effective dates; to provide for an automatic repealer; to repeal conflicting laws; and for other purposes.
By Representatives Dodson of the 75th, Jamieson of the 28th, Barnes of the 78th, Rogers of the 26th and Drenner of the 86th:
A BILL to be entitled an Act to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to provide legal recognition to the

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HB 355. HB 366. HB 367.

professions of industrial hygiene, health physics, and safety; to provide a short title; to provide for a statement of purpose; to provide for definitions; to prohibit certain actions and conduct by individuals and entities; to regulate the use of certain terms and titles; to provide that no business entity shall identify, advertise, or represent itself as a provider of certain services unless they meet certain requirements; to provide that certain conduct shall be an unfair business practice; to provide for penalties; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
By Representative Cummings of the 16th:
A BILL to be entitled an Act to amend Chapter 7A of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Class Nine Fire Department Pension Fund, so as to change references to the secretarytreasurer of the fund to read executive director of the fund; to repeal conflicting laws; and for other purposes.
By Representatives Murphy of the 23rd, Knox of the 24th, Amerson of the 9th, Hill of the 21st, Byrd of the 20th and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, so as to allow alternative delivery systems to opt out from having a public defender system under certain circumstances; to correct cross-references; to amend Code Section 15-21-77 of the Official Code of Georgia Annotated, relating to collections to be appropriated for indigent defense, to correct a cross-reference; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Rice of the 51st and Parham of the 141st:
A BILL to be entitled an Act to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to licensing of driver training and commercial driver training schools, so as to provide definitions; to provide exceptions from these provisions; to regulate licensing of schools; to provide for insurance and bonds for school operators; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 374.

By Representatives Geisinger of the 48th, Jones of the 46th, Martin of the 47th and Willard of the 49th:
A BILL to be entitled an Act to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, so as to extend the time for the levy and collection of a tax for the purpose of construction and expansion of a system of bicycle or pedestrian greenways, trails, walkways, or any other combination thereof connecting a downtown historic or business district and surrounding areas under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 404.

By Representatives Yates of the 73rd, Orrock of the 58th, Lakly of the 72nd, Freeman of the 140th, Warren of the 122nd and others:
A BILL to be entitled an Act to amend Code Section 34-8-194 of the Official Code of Georgia Annotated, relating to grounds for disqualification of unemployment benefits, so as to provide that leaving an employer because of the transfer of a spouse from one military assignment to another shall not disqualify a person from such benefits; to repeal conflicting laws; and for other purposes.

HB 407.

By Representative Golick of the 34th:
A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to authorize the Commissioner to place administrators on probation and to provide penalties against administrators for certain violations; to provide for certain additional regulations of nonresident representatives who represent life insurers in certain military installations; to provide certain definitions; to provide for certain disclosures by counselors; to provide for certain exceptions; to provide for certain licensing for third party administrators; to provide certain procedures and standards for approval or rejection of such licenses; to provide for probationary licenses; to provide for certain bonds and insurance for administrators; to require administrators to be subject to certain examinations; to revise the provisions of law concerning the Georgia Insurers Insolvency Pool; to provide for certain definitions; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 418.

By Representatives Maxwell of the 17th, Knox of the 24th, Meadows of the 5th, Murphy of the 120th, Dodson of the 75th and others:
A BILL to be entitled an Act to amend Code Section 33-24-44 of the Official Code of Georgia Annotated, relating to cancellation of policies generally, so as to provide for electronic notice of cancellation of policies to lienholders; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 420.

By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 129th, Smith of the 131st and Buckner of the 130th:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 50 of the Official Code of Georgia Annotated, relating to the jurisdiction of the State of Georgia, so as to provide for the cession of concurrent jurisdiction to the United States over certain lands within the state used for the National Infantry Museum; to provide for terms and conditions; to repeal conflicting laws; and for other purposes.

HB 425.

By Representatives Harbin of the 118th, Knox of the 24th and Watson of the 91st:
A BILL to be entitled an Act 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; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 431.

By Representatives Talton of the 145th, O`Neal of the 146th, Burkhalter of the 50th, Keen of the 179th, Bryant of the 160th and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, the "Disposition of Unclaimed Property Act," so as to provide for an alternative method of disposition with respect to certain dividends or capital credits which are presumed abandoned; to provide for definitions; to provide for procedures; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 437. HB 438. HB 452. HB 455.

By Representative Scott of the 153rd:
A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions from the requirements of public disclosure, so as to exempt disclosure of certain personal information; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Yates of the 73rd, Lakly of the 72nd, Freeman of the 140th, Warren of the 122nd and Thomas of the 100th:
A BILL to be entitled an Act to amend Code Section 38-4-2 of the Official Code of Georgia Annotated, relating to the powers of the Department of Veterans Service and the Veterans Service Board and the appointment of the administrator and director of the Georgia War Veterans Nursing Homes, so as to change the method of appointment of the executive directors of the veterans homes; to repeal conflicting laws; and for other purposes.
By Representatives Maddox of the 172nd, Smith of the 131st, Buckner of the 130th, England of the 108th, Crawford of the 127th and others:
A BILL to be entitled an Act to amend Code Section 4-15-1 of the Office Code of Georgia Annotated, relating to the establishment of the dog and cat reproductive sterilization support program, so as to provide for donations to the Dog and Cat Sterilization Fund by taxpayers through voluntary contributions on each taxpayers state income tax return; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representatives Murphy of the 23rd, Rice of the 51st, Parham of the 141st, Powell of the 29th and Dollar of the 45th:
A BILL to be entitled an Act to amend provisions of the O.C.G.A., relating to new and used motor vehicle dealers; to amend Chapter 2 of Title 40 of the O.C.G.A., relating to registration and licensing of motor vehicles, so as to provide for use of the vehicle identification number on temporary license plates; to provide that all temporary plates shall be required to have a holographic security image and a write resistant overlay; to require all sellers and distributors of holographic strips to register with the department; to provide for dealers plates; to provide for the replacement of lost or stolen plates; to delete references to temporary sites for selling motor vehicles; to provide for civil, administrative, and criminal penalties; to amend Chapter 47 of Title 43 of the O.C.G.A., relating to used motor

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HB 470. HB 488. HB 492.

vehicle and used motor vehicle parts dealers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Lunsford of the 110th, Golick of the 34th, Smith of the 129th, Roberts of the 154th, Lewis of the 15th and others:
A BILL to be entitled an Act to amend the following provisions of the O.C.G.A., so as to change all references to "911" emergency numbers to read 9-1-1; Article 2 of Chapter 10 of Title 20, relating to obstruction of public administration; Article 2 of Chapter 5 of Title 46, relating to telephone service; Code Section 19-13-51, relating to definitions relative to the "Family Violence and Stalking Protective Order Registry Act,"; Code Section 31-11-1, relating to findings and declaration of policy relative to emergency services; Code Section 33-9-39, relating to restrictions on motor vehicle insurance surcharges relating to accidents involving law enforcement officers, firefighters, or emergency medical technicians; Code Section 36-60-19, relating to dispatch centers, required training for communications officers, exceptions, and penalty for noncompliance; to repeal conflicting laws; and for other purposes.
By Representatives O`Neal of the 146th and Knight of the 126th:
A BILL to be entitled an Act to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to enact the "State and Local Tax Revision Act of 2005"; to provide for a short title; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of federal law into Georgia law; to provide for applicability; to provide for the authority to establish fees for offer in compromises; to clarify that electronic funds transfer applies to use tax; to provide for electronic funds transfer requirements for third-party payroll providers; to clarify that no interest shall be paid when a taxpayer fails to claim credits listed in Article 2 of Chapter 7; to provide for selection of members of performance review boards; to provide for powers, duties, and authority of the state revenue commissioner; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
By Representatives Cummings of the 16th and Bridges of the 10th:
A BILL to be entitled an Act to amend Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, so as to change the dates of election for participation; to repeal conflicting laws; and for other purposes.

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HB 495.

By Representatives Coleman of the 97th, Bridges of the 10th, Jamieson of the 28th, Cummings of the 16th and Jones of the 46th:
A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 47 of the O.C.G.A., relating to retirement allowances, disability benefits, and spouses benefits under the Teachers Retirement System of Georgia, so as to provide that a local school system may employ a person who was retired under the Teachers Retirement System of Georgia on December 31, 2003, in a full-time capacity in any position and such persons retirement benefit shall not be affected; to provide that the employing local school system shall pay the normal employers contribution to the retirement system for such employee; to provide that any retired member of the Teachers Retirement System of Georgia may return to full-time employment with a local school system and such persons retirement benefits shall not be affected; to repeal conflicting laws; and for other purposes.

HB 505.

By Representatives Royal of the 171st, Stephens of the 164th and Channell of the 116th:
A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on rooms, lodgings, and accommodations, so as to change certain provisions regarding county and municipal levies on public accommodations; to change certain provisions regarding the Hotel Motel Tax Performance Review Board; to repeal conflicting laws; and for other purposes.

HB 509.

By Representatives Harbin of the 118th, Keen of the 179th and Burkhalter of the 50th:
A BILL to be entitled an Act to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to provide for program budgeting; to provide for definitions; to change certain provisions regarding budget estimates; to change certain provisions regarding required reserve of certain appropriations; to provide for the comprehensive revision of provisions regarding the revenue shortfall reserve; to change certain provisions regarding the promotion of state development; to change certain provisions regarding policy documents with respect to strategic state planning; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 520.
HB 521. HB 530. HB 538.

By Representatives Coan of the 101st, Williams of the 4th, Horne of the 71st, Carter of the 159th, Butler of the 18th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the O.C.G.A., relating to employment security, so as to provide a change to the definition of the term "employment"; to identify certain business acquisitions with respect to which the succession of experience tax rates shall not be permitted and to impose civil and criminal penalties with regard thereto; to extend suspension of adjustments based upon the Statewide Reserve Ratio for the calendar year 2006 and to provide for a reduced adjustment in contribution rates through December 31, 2006; to continue provisions relating to administrative assessments; to provide for a change in the weekly benefit amount over a two-year period; to provide for the Department of Labor a supplemental appropriation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Crawford of the 127th, Talton of the 145th and Barnard of the 166th:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to require candidates for sheriff to be certified peace officers in good standing at the time of qualifying for election to the office; to provide that the office of sheriff shall be deemed vacant if the sheriffs certification as a peace officer is revoked; to repeal conflicting laws; and for other purposes.
By Representative Smith of the 129th:
A BILL to be entitled an Act to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportations power to contract, so as to revise the criteria for designbuild contracts entered into by the department; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representatives O`Neal of the 146th, Fleming of the 117th, Smith of the 129th, Keen of the 179th and Rynders of the 152nd:
A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for certain benefits for members of the national guard or reserve components of the armed services of the United States; to provide for state income tax

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exclusion; to provide for procedures, conditions, and limitations; to provide for certain automatic license or registration extension; to provide for an exemption regarding continuing education requirements; to provide for nonapplicability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 539.

By Representatives O`Neal of the 146th, Parrish of the 156th, Keen of the 179th, Horne of the 71st, Channell of the 116th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits for certain entertainment industry production investments; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner, the Department of Revenue, and the Department of Economic Development; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 543.

By Representatives Casas of the 103rd, Hembree of the 67th, Maxwell of the 17th, Chambers of the 81st and Jones of the 46th:
A BILL to be entitled an Act to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other public school personnel, so as to provide for the donation of sick leave from an employee of a local board of education to his or her spouse who is also an employee of the local board of education for certain purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 553.

By Representatives Hembree of the 67th, Ehrhart of the 36th, Fleming of the 117th, Keen of the 179th, Casas of the 103rd and others:
A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, so as to provide that a student in an education degree program shall not be required to join a professional association as a condition of enrollment; to repeal conflicting laws; and for other purposes.

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HB 559. HB 613. HB 643.
HB 662.

By Representatives Smith of the 70th, Ehrhart of the 36th, Jones of the 46th, Graves of the 12th and Fleming of the 117th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption from state sales and use tax only with respect to sales of certain energy efficient products for a limited period of time; to provide for a definition; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Wix of the 33rd, Ehrhart of the 36th and Lord of the 142nd:
A BILL to be entitled an Act to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to the examination of applicants for drivers licenses, so as to change the renewal period of licenses for bioptic drivers from two to four years; to eliminate the need for a road test upon renewal; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Sheldon of the 105th, Cooper of the 41st, Keen of the 179th, Knox of the 24th and Murphy of the 23rd:
A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to establish the Georgia Long-Term Care Partnership Program; to provide a short title; to provide definitions; to provide for the administration of the program; to provide for certain duties and responsibilities; to provide that certain assets of persons not be considered when certain determinations concerning eligibility for Medicaid assistance are made; to provide for criteria for asset disregard; to provide for reciprocal agreements with other states; to authorize the Department of Community Health and the Commissioner of Insurance to promulgate certain rules and regulations; to provide for certain contingencies; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Hanner of the 148th and Shaw of the 176th:
A BILL to be entitled an Act to amend Code Section 27-2-23 of the Official Code of Georgia Annotated, relating to game and fish license, permit, tag, and stamp fees, so as to establish a three-day nonresident big game license and the fee therefor; to repeal conflicting laws; and for other purposes.

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HB 669. HB 673.
HB 678.

By Representative Martin of the 47th:
A BILL to be entitled an Act to amend Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to open meetings requirements, so as to revise a definition; to provide that certain associations of school districts in this state are subject to the open meetings statute; to repeal conflicting laws; and for other purposes.
By Representative Sims of the 169th:
A BILL to be entitled an Act to create a board of elections and registration for Coffee 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 and compensation; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
By Representatives Burkhalter of the 50th, Lunsford of the 110th and Davis of the 109th:
A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the O.C.G.A., relating to certain programs and activities under the "Quality Basic Education Act," so as to provide that state law shall not prohibit a private school from conducting a prayer prior to an athletic event held on the campus of the private school; to provide that athletic teams from public schools shall not be prohibited from participating in an athletic event held on the campus of a private school in this state for the reason that the hosting private school conducts a prayer prior to such athletic event; to provide that public schools shall not participate in interscholastic sports events which are conducted under the authority of, conducted under the rules of, or scheduled by any athletic association which prohibits or discourages a private school from conducting a prayer prior to an athletic event held on the campus of the private school; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 703.

By Representatives Mitchell of the 88th, Henson of the 87th, Millar of the 79th, Mangham of the 94th, Chambers of the 81st and others:
A BILL to be entitled an Act to amend an Act to provide a $14,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the City of Stone Mountain for residents who are 62 years of age or older and whose net income together with the net income of the spouse who resides at the homestead of such resident does not exceed $10,000.00, approved April 9, 1999 (Ga. L. 1999, p. 3702), so as to increase the amount of such exemption to $20,000.00 of the assessed value of the homestead; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

HB 704.

By Representative Bridges of the 10th:
A BILL to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenue for Habersham County, approved February 13, 1956 (Ga. L. 1956, p. 2077), as amended, so as to provide that the superintendent of roads shall be appointed by and serve under the direction of the county manager; to authorize the board of commissioners to establish a centralized purchasing system for the county; to repeal conflicting laws; and for other purposes.

HB 706.

By Representatives Barnes of the 78th, Dodson of the 75th, Buckner of the 76th, Jordan of the 77th and Abdul-Salaam of the 74th:
A BILL to be entitled an Act to amend an Act creating the Clayton County Water Authority, approved March 7, 1955 (Ga. L. 1955, p. 3344), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4675), so as to change the compensation of the chairperson, secretary, and other members of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 707.

By Representative Bridges of the 10th:
A BILL to be entitled an Act to amend an Act incorporating the Town of Mount Airy, approved March 3, 1874 (Ga. L. 1874, p. 159), as amended, particularly by an Act approved August 6, 1921 (Ga. L. 1921, p. 1026), so as to annex certain territory into the limits of such city; to repeal conflicting laws; and for other purposes.

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HB 709.
HB 711. HB 712. HB 721.

By Representatives Ray of the 136th, Cole of the 125th, Crawford of the 127th and Knight of the 126th:
A BILL to be entitled an Act to amend an Act placing the sheriff of Lamar County on a salary basis in lieu of a fee basis, approved March 10, 1965 (Ga. L. 1965, p. 2207), as amended, particularly by an Act approved April 25, 1969 (Ga. L. 1969, p. 3539), an Act approved March 30, 1971 (Ga. L. 1971, p. 2500), and an Act approved March 24, 1994 (Ga. L. 1994, p. 4084), so as to repeal certain obsolete provisions; to repeal a provision setting the sheriffs salary at $10,000.00 annually; to repeal a provision relating to filling vacancies and temporary vacancies in the office of sheriff; to repeal a provision authorizing the appointment of a chief deputy and setting the salary of such chief deputy; to repeal a provision authorizing the governing authority of Lamar County to increase the compensation of the sheriff, chief deputy, and all salaried deputies; to repeal conflicting laws; and for other purposes.
By Representatives Smith of the 129th and Buckner of the 130th:
A BILL to be entitled an Act to abolish the office of elected county surveyor of Harris County pursuant to Code Section 36-7-2.1 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representatives Cole of the 125th and Freeman of the 140th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Jones County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Howard of the 121st, Murphy of the 120th, Warren of the 122nd, Anderson of the 123rd and Burmeister of the 119th:
A BILL to be entitled an Act to amend an Act providing for the continued existence of the Richmond County Department of Health and for the management and control of such department by the Richmond County Board of Health, approved March 7, 1955 (Ga. L. 1955, p. 3192), as amended, particularly by an Act approved April 4, 1996 (Ga. L. 1996, p. 4102), so as to change the method for appointments; to provide a limitation of their consecutive terms of office; to repeal conflicting laws; and for other purposes.

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HB 725.

By Representatives Cox of the 102nd, Mitchell of the 88th, Miller of the 106th, Floyd of the 99th and Marin of the 96th:

A BILL to be entitled an Act to amend an Act providing for the election of the Board of Education of Gwinnett County, approved April 7, 1972 (Ga. L. 1972, p. 4058), as amended, particularly by an Act approved April 9, 1993 (Ga. L. 1993, p. 5260), so as to provide for the compensation of members of the board of education; to provide for future adjustments of compensation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 104.

By Senators Wiles of the 37th, Stoner of the 6th, Hill of the 32nd, Rogers of the 21st and Thompson of the 33rd:

A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3693), so as to change the compensation of the solicitor-general; to change the provisions relating to the compensation of assistant solicitors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 185.

By Senators Balfour of the 9th, Shafer of the 48th, Weber of the 40th and Thompson of the 5th:

A BILL to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4295), so as to change provisions relating to the salary supplements for the judges of the Gwinnett Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

HR 50.

By Representatives England of the 108th, McCall of the 30th, Roberts of the 154th, Benton of the 31st, Jamieson of the 28th and others:

A RESOLUTION creating the Joint Agricultural Education Study Committee; and for other purposes.

HR 91.

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By Representative Sims of the 169th:
A RESOLUTION honoring the life of DeWayne King and designating the DeWayne King, USMC, Memorial Bridge; and for other purposes.

HR 94. HR 108.

By Representative Carter of the 159th:
A RESOLUTION honoring the memory of Jack William Shearouse and designating the Jack Shearouse Bridge in Chatham County; and for other purposes.
By Representatives Benfield of the 85th, Watson of the 91st, Talton of the 145th, Crawford of the 127th, Henson of the 87th and others:
A RESOLUTION compensating Mr. Clarence Harrison; and for other purposes.

HR 173. HR 193.

By Representatives Lane of the 158th and Stephens of the 164th:
A RESOLUTION designating a Blue Star Memorial Highway in Pembroke, Georgia; and for other purposes.
By Representative Barnard of the 166th:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Hamilton County, Tennessee; to repeal conflicting laws; and for other purposes.

HR 200. HR 201.

By Representatives Forster of the 3rd, Dickson of the 6th and Neal of the 1st:
A RESOLUTION designating the Baxter Shavers Memorial Intersection; and for other purposes.
By Representatives Roberts of the 154th, Coleman of the 144th, Smith of the 168th, Sims of the 169th and Porter of the 143rd:
A RESOLUTION designating the Wendell W. Thigpen Memorial Bridge; and for other purposes.

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HR 231. HR 239. HR 269. HR 295.

By Representative Ralston of the 7th:
A RESOLUTION designating the A. L. Stepp Interchange; and for other purposes.
By Representatives Manning of the 32nd, Ehrhart of the 36th, Tumlin of the 38th, Cooper of the 41st, Teilhet of the 40th and others:
A RESOLUTION authorizing the conveyance of certain State owned real property located in Cobb County, Georgia; to repeal conflicting laws; and for other purposes.
By Representatives Graves of the 12th and Ralston of the 7th:
A RESOLUTION designating the intersection of State Highway 515 and State Highway 53 as "Disabled American Veterans Intersection"; and for other purposes.
By Representative Jenkins of the 8th:
A RESOLUTION honoring poet and novelist Byron Herbert Reece by dedicating a portion of U.S. Highway 129 as the "Byron Herbert Reese Memorial Highway"; and for other purposes.

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

SB 338. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, so as to provide that the solicitor-general of said court may employ such assistant solicitors-general, deputy solicitors-general, or other attorneys, investigators, paraprofessionals, clerical assistants, and other employees or independent contractors as may be authorized by the Board of Commissioners of Clayton County; to provide for compensation; to provide for qualifications; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

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SB 339. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4327), so as to provide for an increase in the compensation of the clerk of the state court; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 340. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4335), so as to increase the salary of the clerk of the Superior Court of Clayton County; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 341. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act providing for a supplement to the salaries of the judges of the superior court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4670), so as to increase the county supplement to the state salary of said judges; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 342. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4342), so as to change the provisions relating to the compensation of the sheriff; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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SB 343. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4331), so as to change the compensation of the judge of the probate court; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 344. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, approved March 17, 1959 (Ga. L. 1959, p. 375), as amended, particularly by an Act approved April 27, 2001 (Ga. L. 2001, p. 4506), so as to change the compensation of the official court reporters of the Clayton Judicial Circuit; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 345. By Senators Seay of the 34th and Starr of the 44th:
A BILL to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4338), so as to change the provisions relating to the salary of the tax commissioner; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 346. By Senators Zamarripa of the 36th and Carter of the 13th:
A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to provide for the criminal offense of criminal threats or acts against certain officers of the executive, legislative, and judicial branches of this states government and against such family members

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of such persons on account of the performance of official duties; to provide for definitions; to provide for a penalty; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 347. By Senators Fort of the 39th, Tate of the 38th, Brown of the 26th, Butler of the 55th, Thomas of the 2nd and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to provide for enhanced sentences in any case in which the trier of fact determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property as the object of the offense because of the victims race, religion, gender, national origin, or sexual orientation; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

SB 348. By Senators Jones of the 10th and Starr of the 44th:
A BILL to be entitled an Act to incorporate and provide a new charter for the City of Fairview in Henry County; 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 auditing, accounting, budgeting, and appropriations; to provide for other matters relative to the foregoing; to require referendum approval and other conditions in order for this Act to become fully effective; to provide for effective dates; to provide for severability; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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SR 429. By Senators Miles of the 43rd, Butler of the 55th and Jones of the 10th:
A RESOLUTION dedicating the Earl Paulk Parkway; and for other purposes.
Referred to the Transportation Committee.
The following House legislation was read the first time and referred to committee:
HB 97. By Representatives Ralston of the 7th and Graves of the 12th:
A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of judges of superior courts, so as to provide for a third judge of the superior courts of the Appalachian Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof; to provide for the manner of impaneling jurors; to provide for an additional court reporter for said circuit; to declare inherent authority; to provide for a conditional effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 150. By Representatives Franklin of the 43rd, Ehrhart of the 36th, Keen of the 179th, Burkhalter of the 50th, Willard of the 49th and others:
A BILL to be entitled an Act to amend Code Section 15-2-8 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Supreme Court, so as to provide that the Supreme Court shall permit any person who has graduated from a law school, regardless of whether such law school is accredited or approved by the American Bar Association or the Georgia Board of Bar Examiners, to take the state bar examination if such person meets all other qualifications to take such examination; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Special Judiciary Committee.
HB 170. By Representatives Golick of the 34th, Roberts of the 154th, Ralston of the 7th, Mumford of the 95th, Miller of the 106th and others:
A BILL to be entitled an Act to enact the "Criminal Justice Act of 2005" so as

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to substantially revise the laws of this state relating to the conduct of criminal trials and appeals in criminal cases; to provide for a short title; to amend Chapter 7 of Title 5 of the Official Code of Georgia Annotated, relating to appeal or certiorari by the state in criminal cases, so as to provide that the state may appeal from an order, decision, or judgment of a superior court granting a motion for new trial or denying a motion by the state to recuse or disqualify a judge; to amend Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, so as to provide the state and the accused with the 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 Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide the state with an equal number of additional peremptory challenges in trials for jointly indicted defendants; to provide that the prosecuting attorney shall always conclude the argument to the jury; to change the provision relating to notice and argument in presentence hearings; to provide that provisions relating to discovery apply to sentencing proceedings; to amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to change the provisions relating to the impeachment of witnesses; to provide for the admission of evidence of character of a witness; to provide for the impeachment of witnesses through evidence of conviction of a crime; to provide for the admission of specific instances of conduct by a witness; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Judiciary Committee.

HB 173. By Representative Lunsford of the 110th:
A BILL to be entitled an Act to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem tax, so as to expand the ad valorem exemption for veterans organizations to include certain additional nonprofit veterans organizations; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

Referred to the Finance Committee.

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HB 186. By Representatives Mitchell of the 88th, Mosley of the 178th, Floyd of the 99th, Meadows of the 5th and Henson of the 87th:
A BILL to be entitled an Act to amend Code Section 36-87-2 of the Official Code of Georgia Annotated, relating to the authority of counties and municipal corporations to participate in federal programs, so as to expand the purposes for which federal funds may be used by a county or municipal corporation; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
HB 194. By Representatives Martin of the 47th, Burkhalter of the 50th, Amerson of the 9th, Royal of the 171st, Ashe of the 56th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to teleworking for a limited period of time; to provide for definitions; to provide for conditions, limitations, and exclusions; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 216. By Representatives Neal of the 1st, Ralston of the 7th, Miller of the 106th, Burmeister of the 119th, Sheldon of the 105th and others:
A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the O.C.G.A., relating to controlled substances, so as to limit the sale and manner of sale of products containing pseudoephedrine; to provide for exceptions; to provide for mitigation of punishment under certain circumstances; to provide for penalties; to restrict the sale, transfer, manufacture, purchase for resale, and furnishing of certain precursor chemicals; to provide for definitions; to authorize the State Board of Pharmacy to promulgate certain rules and regulations regarding precursor chemicals and licenses and permits; to provide for licensing and permitting of persons who sell, transfer, manufacture, purchase for resale, or otherwise furnish or possess precursor chemicals; to require certain records to be maintained; to provide for exceptions; to provide for certain forfeitures; to provide for penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.

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HB 236. By Representatives Lane of the 158th, Stephens of the 164th, Barnard of the 166th and Burns of the 157th:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide that a rebuttable presumption that services, accommodations, entertainment, or the use of personal property which is available only for compensation was knowingly obtained by deception and with intent to avoid payment shall arise upon a showing that the person obtaining such services, accommodations, entertainment, or the use of personal property used false identification, provided false information on a written contract, made any payment with an insufficient check, or returned any personal property to a place or at a time other than as agreed upon; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 244. By Representative Burmeister of the 119th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the O.C.G.A., relating to primaries and elections generally, so as to amend certain definitions; to authorize the Secretary of State to provide copies of the general election ballot and questions on compact disc or other media or an Internet website; to clarify the meaning of governing authority; to authorize the Secretary of State to review ballots for use on DRE units; to provide for certain training for poll officers; to change municipal qualifying periods; to provide that a candidate shall use the surname shown on such candidates voter registration card when qualifying for office; to provide that the form of a candidates name cannot be changed after the candidate qualifies; to provide for the offense of conspiracy to commit election fraud; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.
HB 268. By Representatives Crawford of the 127th, Fleming of the 117th and Ralston of the 7th:
A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, so as to change the provisions relating to the compensation of district attorneys, assistant district attorneys, district attorney investigators, and assistant district attorneys who temporarily substitute for a district attorney who dies or resigns during the term of office; to change the provisions relating to additional personnel for district attorneys offices; to amend Code Section 45-7-4 of the

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Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to change the annual salary of district attorneys; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 275. By Representatives Cole of the 125th, Mumford of the 95th, Golick of the 34th, Roberts of the 154th, Smith of the 129th and others:
A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees insurance and benefits plans, so as to transfer administration of certain deferred compensation plans from the State Personnel Board to the Board of Trustees of the Employees Retirement System of Georgia; to provide for transfer of accounts, funds, and information; to provide for investment advisors and counselors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
HB 291. By Representatives Rogers of the 26th, Knox of the 24th, Meadows of the 5th and Dodson of the 75th:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to remove the requirement that managed care plans obtain certain acknowledgments; to provide for the maximum duration of certain credit life policies; to provide for a mortgagee group policy; to increase the maximum amount of coverage on an agricultural loan group policy; to provide that certain required provisions in group life insurance policies shall not apply to policies issued to a creditor to insure mortgagors; to require that certain individual and blanket accident and sickness policies insure certain dependent children of the insured up to and including age 25; to provide an exception for certain matters concerning renewability of policies; to clarify certain definitions; to clarify the applicable groups for blanket accident and sickness insurance; to provide an exception for intentional misrepresentation of material fact in applying for or procuring insurance as to treatment of certain statements made by a policyholder or insured person; to clarify the application of certain provisions to group and blanket accident and sickness insurance; to clarify certain provisions regarding insurance portability and renewability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

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HB 292. By Representatives Rogers of the 26th, Mills of the 25th, Reece of the 27th, Hembree of the 67th, Benton of the 31st and others:
A BILL to be entitled an Act to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to season and bag limits, promulgation of rules and regulations by the board, possession of more than bag limit, and reporting number of deer killed, so as to change certain provisions relating to closed seasons for deer; to change certain provisions relating to open seasons, bag limits, and antler restrictions for deer; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
HB 294. By Representatives Miller of the 106th, Benfield of the 85th, Day of the 163rd, Smith of the 129th and Mumford of the 95th:
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 enforcement; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 306. By Representatives Rice of the 51st, Ehrhart of the 36th and Burkhalter of the 50th:
A BILL to be entitled an Act to amend Code Section 48-8-63 of the Official Code of Georgia Annotated, relating to payment of sales and use tax by contractors, so as to change certain provisions regarding payment of use tax with respect to certain tangible personal property; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 334. By Representatives Mumford of the 95th, Ralston of the 7th and Mangham of the 94th:
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, terms and compensation of judges, state grants for judicial salaries, qualifications,

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presiding judge, practice of law, and actions by judges including administration and expenditures, so as to provide for judicial salary supplements under certain circumstances; to provide for related matters; to provide for effective dates; to provide for an automatic repealer; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 353. By Representatives Dodson of the 75th, Jamieson of the 28th, Barnes of the 78th, Rogers of the 26th and Drenner of the 86th:
A BILL to be entitled an Act to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to provide legal recognition to the professions of industrial hygiene, health physics, and safety; to provide a short title; to provide for a statement of purpose; to provide for definitions; to prohibit certain actions and conduct by individuals and entities; to regulate the use of certain terms and titles; to provide that no business entity shall identify, advertise, or represent itself as a provider of certain services unless they meet certain requirements; to provide that certain conduct shall be an unfair business practice; to provide for penalties; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
HB 355. By Representative Cummings of the 16th:
A BILL to be entitled an Act to amend Chapter 7A of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Class Nine Fire Department Pension Fund, so as to change references to the secretary-treasurer of the fund to read executive director of the fund; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
HB 366. By Representatives Murphy of the 23rd, Knox of the 24th, Amerson of the 9th, Hill of the 21st, Byrd of the 20th and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, so as to allow alternative delivery systems to opt out from having a public defender system under certain circumstances; to correct cross-references; to amend Code Section 15-21-77 of the Official Code of Georgia Annotated, relating to collections to be appropriated for indigent defense, to correct a cross-reference;

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to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Judiciary Committee.
HB 367. By Representatives Rice of the 51st and Parham of the 141st:
A BILL to be entitled an Act to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to licensing of driver training and commercial driver training schools, so as to provide definitions; to provide exceptions from these provisions; to regulate licensing of schools; to provide for insurance and bonds for school operators; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
HB 374. By Representatives Geisinger of the 48th, Jones of the 46th, Martin of the 47th and Willard of the 49th:
A BILL to be entitled an Act to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, so as to extend the time for the levy and collection of a tax for the purpose of construction and expansion of a system of bicycle or pedestrian greenways, trails, walkways, or any other combination thereof connecting a downtown historic or business district and surrounding areas under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development Committee.
HB 404. By Representatives Yates of the 73rd, Orrock of the 58th, Lakly of the 72nd, Freeman of the 140th, Warren of the 122nd and others:
A BILL to be entitled an Act to amend Code Section 34-8-194 of the Official Code of Georgia Annotated, relating to grounds for disqualification of unemployment benefits, so as to provide that leaving an employer because of the transfer of a spouse from one military assignment to another shall not disqualify a person from such benefits; to repeal conflicting laws; and for other purposes.
Referred to the Veterans and Military Affairs Committee.

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HB 407. By Representative Golick of the 34th:
A BILL to be entitled an Act to amend Title 33 of the O.C.G.A., relating to insurance, so as to authorize the Commissioner to place administrators on probation and to provide penalties against administrators for certain violations; to provide for certain additional regulations of nonresident representatives who represent life insurers in certain military installations; to provide certain definitions; to provide for certain disclosures by counselors; to provide for certain exceptions; to provide for certain licensing for third party administrators; to provide certain procedures and standards for approval or rejection of such licenses; to provide for probationary licenses; to provide for certain bonds and insurance for administrators; to require administrators to be subject to certain examinations; to revise the provisions of law concerning the Georgia Insurers Insolvency Pool; to provide for certain definitions; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
HB 418. By Representatives Maxwell of the 17th, Knox of the 24th, Meadows of the 5th, Murphy of the 120th, Dodson of the 75th and others:
A BILL to be entitled an Act to amend Code Section 33-24-44 of the Official Code of Georgia Annotated, relating to cancellation of policies generally, so as to provide for electronic notice of cancellation of policies to lienholders; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.
HB 420. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 129th, Smith of the 131st and Buckner of the 130th:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 50 of the Official Code of Georgia Annotated, relating to the jurisdiction of the State of Georgia, so as to provide for the cession of concurrent jurisdiction to the United States over certain lands within the state used for the National Infantry Museum; to provide for terms and conditions; to repeal conflicting laws; and for other purposes.
Referred to the State Institutions and Property Committee.

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HB 425. By Representatives Harbin of the 118th, Knox of the 24th and Watson of the 91st:
A BILL to be entitled an Act 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; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

HB 431. By Representatives Talton of the 145th, O`Neal of the 146th, Burkhalter of the 50th, Keen of the 179th, Bryant of the 160th and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, the "Disposition of Unclaimed Property Act," so as to provide for an alternative method of disposition with respect to certain dividends or capital credits which are presumed abandoned; to provide for definitions; to provide for procedures; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

HB 437. By Representative Scott of the 153rd:
A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions from the requirements of public disclosure, so as to exempt disclosure of certain personal information; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee.

HB 438. By Representatives Yates of the 73rd, Lakly of the 72nd, Freeman of the 140th, Warren of the 122nd and Thomas of the 100th:
A BILL to be entitled an Act to amend Code Section 38-4-2 of the Official Code of Georgia Annotated, relating to the powers of the Department of Veterans Service and the Veterans Service Board and the appointment of the

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administrator and director of the Georgia War Veterans Nursing Homes, so as to change the method of appointment of the executive directors of the veterans homes; to repeal conflicting laws; and for other purposes.
Referred to the Veterans and Military Affairs Committee.
HB 452. By Representatives Maddox of the 172nd, Smith of the 131st, Buckner of the 130th, England of the 108th, Crawford of the 127th and others:
A BILL to be entitled an Act to amend Code Section 4-15-1 of the Office Code of Georgia Annotated, relating to the establishment of the dog and cat reproductive sterilization support program, so as to provide for donations to the Dog and Cat Sterilization Fund by taxpayers through voluntary contributions on each taxpayers state income tax return; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Agriculture and Consumer Affairs Committee.
HB 455. By Representatives Murphy of the 23rd, Rice of the 51st, Parham of the 141st, Powell of the 29th and Dollar of the 45th:
A BILL to be entitled an Act to amend provisions of the O.C.G.A., relating to new and used motor vehicle dealers; to amend Chapter 2 of Title 40 of the O.C.G.A., relating to registration and licensing of motor vehicles, so as to provide for use of the vehicle identification number on temporary license plates; to provide that all temporary plates shall be required to have a holographic security image and a write resistant overlay; to require all sellers and distributors of holographic strips to register with the department; to provide for dealers plates; to provide for the replacement of lost or stolen plates; to delete references to temporary sites for selling motor vehicles; to provide for civil, administrative, and criminal penalties; to amend Chapter 47 of Title 43 of the O.C.G.A., relating to used motor vehicle and used motor vehicle parts dealers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
HB 470. By Representatives Lunsford of the 110th, Golick of the 34th, Smith of the 129th, Roberts of the 154th, Lewis of the 15th and others:
A BILL to be entitled an Act to amend the following provisions of the O.C.G.A., so as to change all references to "911" emergency numbers to read 9-1-1; Article 2 of Chapter 10 of Title 20, relating to obstruction of public

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administration; Article 2 of Chapter 5 of Title 46, relating to telephone service; Code Section 19-13-51, relating to definitions relative to the "Family Violence and Stalking Protective Order Registry Act,"; Code Section 31-11-1, relating to findings and declaration of policy relative to emergency services; Code Section 33-9-39, relating to restrictions on motor vehicle insurance surcharges relating to accidents involving law enforcement officers, firefighters, or emergency medical technicians; Code Section 36-60-19, relating to dispatch centers, required training for communications officers, exceptions, and penalty for noncompliance; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.
HB 488. By Representatives O`Neal of the 146th and Knight of the 126th:
A BILL to be entitled an Act to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to enact the "State and Local Tax Revision Act of 2005"; to provide for a short title; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of federal law into Georgia law; to provide for applicability; to provide for the authority to establish fees for offer in compromises; to clarify that electronic funds transfer applies to use tax; to provide for electronic funds transfer requirements for third-party payroll providers; to clarify that no interest shall be paid when a taxpayer fails to claim credits listed in Article 2 of Chapter 7; to provide for selection of members of performance review boards; to provide for powers, duties, and authority of the state revenue commissioner; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 492. By Representatives Cummings of the 16th and Bridges of the 10th:
A BILL to be entitled an Act to amend Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, so as to change the dates of election for participation; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.
HB 495. By Representatives Coleman of the 97th, Bridges of the 10th, Jamieson of the 28th, Cummings of the 16th and Jones of the 46th:
A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 47 of the

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O.C.G.A., relating to retirement allowances, disability benefits, and spouses benefits under the Teachers Retirement System of Georgia, so as to provide that a local school system may employ a person who was retired under the Teachers Retirement System of Georgia on December 31, 2003, in a full-time capacity in any position and such persons retirement benefit shall not be affected; to provide that the employing local school system shall pay the normal employers contribution to the retirement system for such employee; to provide that any retired member of the Teachers Retirement System of Georgia may return to full-time employment with a local school system and such persons retirement benefits shall not be affected; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.

HB 505. By Representatives Royal of the 171st, Stephens of the 164th and Channell of the 116th:
A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on rooms, lodgings, and accommodations, so as to change certain provisions regarding county and municipal levies on public accommodations; to change certain provisions regarding the Hotel Motel Tax Performance Review Board; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

HB 509. By Representatives Harbin of the 118th, Keen of the 179th and Burkhalter of the 50th:
A BILL to be entitled an Act to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to provide for program budgeting; to provide for definitions; to change certain provisions regarding budget estimates; to change certain provisions regarding required reserve of certain appropriations; to provide for the comprehensive revision of provisions regarding the revenue shortfall reserve; to change certain provisions regarding the promotion of state development; to change certain provisions regarding policy documents with respect to strategic state planning; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Appropriations Committee.

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HB 520. By Representatives Coan of the 101st, Williams of the 4th, Horne of the 71st, Carter of the 159th, Butler of the 18th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the O.C.G.A., relating to employment security, so as to provide a change to the definition of the term "employment"; to identify certain business acquisitions with respect to which the succession of experience tax rates shall not be permitted and to impose civil and criminal penalties with regard thereto; to extend suspension of adjustments based upon the State-wide Reserve Ratio for the calendar year 2006 and to provide for a reduced adjustment in contribution rates through December 31, 2006; to continue provisions relating to administrative assessments; to provide for a change in the weekly benefit amount over a twoyear period; to provide for the Department of Labor a supplemental appropriation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Insurance and Labor Committee.

HB 521. By Representatives Crawford of the 127th, Talton of the 145th and Barnard of the 166th:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to require candidates for sheriff to be certified peace officers in good standing at the time of qualifying for election to the office; to provide that the office of sheriff shall be deemed vacant if the sheriffs certification as a peace officer is revoked; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

HB 530. By Representative Smith of the 129th:
A BILL to be entitled an Act to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportations power to contract, so as to revise the criteria for design-build contracts entered into by the department; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Transportation Committee.

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HB 538. By Representatives O`Neal of the 146th, Fleming of the 117th, Smith of the 129th, Keen of the 179th and Rynders of the 152nd:
A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for certain benefits for members of the national guard or reserve components of the armed services of the United States; to provide for state income tax exclusion; to provide for procedures, conditions, and limitations; to provide for certain automatic license or registration extension; to provide for an exemption regarding continuing education requirements; to provide for nonapplicability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 539. By Representatives O`Neal of the 146th, Parrish of the 156th, Keen of the 179th, Horne of the 71st, Channell of the 116th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits for certain entertainment industry production investments; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner, the Department of Revenue, and the Department of Economic Development; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Economic Development Committee.
HB 543. By Representatives Casas of the 103rd, Hembree of the 67th, Maxwell of the 17th, Chambers of the 81st and Jones of the 46th:
A BILL to be entitled an Act to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other public school personnel, so as to provide for the donation of sick leave from an employee of a local board of education to his or her spouse who is also an employee of the local board of education for certain purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.

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HB 553. By Representatives Hembree of the 67th, Ehrhart of the 36th, Fleming of the 117th, Keen of the 179th, Casas of the 103rd and others:
A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, so as to provide that a student in an education degree program shall not be required to join a professional association as a condition of enrollment; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.
HB 559. By Representatives Smith of the 70th, Ehrhart of the 36th, Jones of the 46th, Graves of the 12th and Fleming of the 117th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption from state sales and use tax only with respect to sales of certain energy efficient products for a limited period of time; to provide for a definition; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.
HB 613. By Representatives Wix of the 33rd, Ehrhart of the 36th and Lord of the 142nd:
A BILL to be entitled an Act to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to the examination of applicants for drivers licenses, so as to change the renewal period of licenses for bioptic drivers from two to four years; to eliminate the need for a road test upon renewal; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.
HB 643. By Representatives Sheldon of the 105th, Cooper of the 41st, Keen of the 179th, Knox of the 24th and Murphy of the 23rd:
A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to establish the Georgia Long-Term Care Partnership Program; to provide a short title; to provide definitions; to provide for the administration of the program; to provide for certain duties and responsibilities; to provide that certain assets of

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persons not be considered when certain determinations concerning eligibility for Medicaid assistance are made; to provide for criteria for asset disregard; to provide for reciprocal agreements with other states; to authorize the Department of Community Health and the Commissioner of Insurance to promulgate certain rules and regulations; to provide for certain contingencies; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.

HB 662. By Representatives Hanner of the 148th and Shaw of the 176th:
A BILL to be entitled an Act to amend Code Section 27-2-23 of the Official Code of Georgia Annotated, relating to game and fish license, permit, tag, and stamp fees, so as to establish a three-day nonresident big game license and the fee therefor; to repeal conflicting laws; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

HB 669. By Representative Martin of the 47th:
A BILL to be entitled an Act to amend Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to open meetings requirements, so as to revise a definition; to provide that certain associations of school districts in this state are subject to the open meetings statute; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.

HB 673. By Representative Sims of the 169th:
A BILL to be entitled an Act to create a board of elections and registration for Coffee 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 and compensation; to provide for the boards performance of certain functions and

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duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 678. By Representatives Burkhalter of the 50th, Lunsford of the 110th and Davis of the 109th:
A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the O.C.G.A., relating to certain programs and activities under the "Quality Basic Education Act," so as to provide that state law shall not prohibit a private school from conducting a prayer prior to an athletic event held on the campus of the private school; to provide that athletic teams from public schools shall not be prohibited from participating in an athletic event held on the campus of a private school in this state for the reason that the hosting private school conducts a prayer prior to such athletic event; to provide that public schools shall not participate in interscholastic sports events which are conducted under the authority of, conducted under the rules of, or scheduled by any athletic association which prohibits or discourages a private school from conducting a prayer prior to an athletic event held on the campus of the private school; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.

HB 703. By Representatives Mitchell of the 88th, Henson of the 87th, Millar of the 79th, Mangham of the 94th, Chambers of the 81st and others:
A BILL to be entitled an Act to amend an Act to provide a $14,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the City of Stone Mountain for residents who are 62 years of age or older and whose net income together with the net income of the spouse who resides at the homestead of such resident does not exceed $10,000.00, approved April 9, 1999 (Ga. L. 1999, p. 3702), so as to increase the amount of such exemption to $20,000.00 of the assessed value of the homestead; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 704. By Representative Bridges of the 10th:
A BILL to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenue for Habersham County, approved February 13, 1956 (Ga. L. 1956, p. 2077), as amended, so as to provide that the superintendent of roads shall be appointed by and serve under the direction of the county manager; to authorize the board of commissioners to establish a centralized purchasing system for the county; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 706. By Representatives Barnes of the 78th, Dodson of the 75th, Buckner of the 76th, Jordan of the 77th and Abdul-Salaam of the 74th:
A BILL to be entitled an Act to amend an Act creating the Clayton County Water Authority, approved March 7, 1955 (Ga. L. 1955, p. 3344), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4675), so as to change the compensation of the chairperson, secretary, and other members of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 707. By Representative Bridges of the 10th:
A BILL to be entitled an Act to amend an Act incorporating the Town of Mount Airy, approved March 3, 1874 (Ga. L. 1874, p. 159), as amended, particularly by an Act approved August 6, 1921 (Ga. L. 1921, p. 1026), so as to annex certain territory into the limits of such city; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 709. By Representatives Ray of the 136th, Cole of the 125th, Crawford of the 127th and Knight of the 126th:
A BILL to be entitled an Act to amend an Act placing the sheriff of Lamar County on a salary basis in lieu of a fee basis, approved March 10, 1965 (Ga. L. 1965, p. 2207), as amended, particularly by an Act approved April 25, 1969 (Ga. L. 1969, p. 3539), an Act approved March 30, 1971 (Ga. L. 1971, p. 2500), and an Act approved March 24, 1994 (Ga. L. 1994, p. 4084), so as to repeal certain obsolete provisions; to repeal a provision setting the sheriffs

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salary at $10,000.00 annually; to repeal a provision relating to filling vacancies and temporary vacancies in the office of sheriff; to repeal a provision authorizing the appointment of a chief deputy and setting the salary of such chief deputy; to repeal a provision authorizing the governing authority of Lamar County to increase the compensation of the sheriff, chief deputy, and all salaried deputies; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 711. By Representatives Smith of the 129th and Buckner of the 130th:
A BILL to be entitled an Act to abolish the office of elected county surveyor of Harris County pursuant to Code Section 36-7-2.1 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 712. By Representatives Cole of the 125th and Freeman of the 140th:
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Jones County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 721. By Representatives Howard of the 121st, Murphy of the 120th, Warren of the 122nd, Anderson of the 123rd and Burmeister of the 119th:
A BILL to be entitled an Act to amend an Act providing for the continued existence of the Richmond County Department of Health and for the management and control of such department by the Richmond County Board of Health, approved March 7, 1955 (Ga. L. 1955, p. 3192), as amended, particularly by an Act approved April 4, 1996 (Ga. L. 1996, p. 4102), so as to change the method for appointments; to provide a limitation of their consecutive terms of office; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 725. By Representatives Cox of the 102nd, Mitchell of the 88th, Miller of the 106th, Floyd of the 99th and Marin of the 96th:
A BILL to be entitled an Act to amend an Act providing for the election of the Board of Education of Gwinnett County, approved April 7, 1972 (Ga. L. 1972, p. 4058), as amended, particularly by an Act approved April 9, 1993 (Ga. L. 1993, p. 5260), so as to provide for the compensation of members of the board of education; to provide for future adjustments of compensation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HR 50. By Representatives England of the 108th, McCall of the 30th, Roberts of the 154th, Benton of the 31st, Jamieson of the 28th and others:
A RESOLUTION creating the Joint Agricultural Education Study Committee; and for other purposes.
Referred to the Education and Youth Committee.
HR 91. By Representative Sims of the 169th:
A RESOLUTION honoring the life of DeWayne King and designating the DeWayne King, USMC, Memorial Bridge; and for other purposes.
Referred to the Transportation Committee.
HR 94. By Representative Carter of the 159th:
A RESOLUTION honoring the memory of Jack William Shearouse and designating the Jack Shearouse Bridge in Chatham County; and for other purposes.
Referred to the Transportation Committee.
HR 108. By Representatives Benfield of the 85th, Watson of the 91st, Talton of the 145th, Crawford of the 127th, Henson of the 87th and others:
A RESOLUTION compensating Mr. Clarence Harrison; and for other purposes.
Referred to the Appropriations Committee.

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HR 173. By Representatives Lane of the 158th and Stephens of the 164th:
A RESOLUTION designating a Blue Star Memorial Highway in Pembroke, Georgia; and for other purposes.
Referred to the Transportation Committee.

HR 193. By Representative Barnard of the 166th:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Hamilton County, Tennessee; to repeal conflicting laws; and for other purposes.
Referred to the State Institutions and Property Committee.

HR 200. By Representatives Forster of the 3rd, Dickson of the 6th and Neal of the 1st:
A RESOLUTION designating the Baxter Shavers Memorial Intersection; and for other purposes.
Referred to the Transportation Committee.

HR 201. By Representatives Roberts of the 154th, Coleman of the 144th, Smith of the 168th, Sims of the 169th and Porter of the 143rd:
A RESOLUTION designating the Wendell W. Thigpen Memorial Bridge; and for other purposes.
Referred to the Transportation Committee.

HR 231. By Representative Ralston of the 7th:
A RESOLUTION designating the A. L. Stepp Interchange; and for other purposes.
Referred to the Transportation Committee.

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HR 239. By Representatives Manning of the 32nd, Ehrhart of the 36th, Tumlin of the 38th, Cooper of the 41st, Teilhet of the 40th and others:

A RESOLUTION authorizing the conveyance of certain State owned real property located in Cobb County, Georgia; to repeal conflicting laws; and for other purposes.

Referred to the State Institutions and Property Committee.

HR 269. By Representatives Graves of the 12th and Ralston of the 7th:

A RESOLUTION designating the intersection of State Highway 515 and State Highway 53 as "Disabled American Veterans Intersection"; and for other purposes.

Referred to the Transportation Committee.

HR 295. By Representative Jenkins of the 8th:

A RESOLUTION honoring poet and novelist Byron Herbert Reece by dedicating a portion of U.S. Highway 129 as the "Byron Herbert Reese Memorial Highway"; and for other purposes.

Referred to the Transportation Committee.

The following committee report was read by the Secretary:

Mr. President:

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

HB 499 Do Pass by substitute

Respectfully submitted, Senator Rogers of the 21st District, Chairman

The following legislation was read the second time:

HB 85

SR 334

SATURDAY, MARCH 12, 2005

1417

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.

Senator Johnson of the 1st introduced the chaplain of the day, Dr. John Beyers of Atlanta, Georgia, who offered scripture reading and prayer.

Senator Tate of the 38th introduced the doctor of the day, Dr. Harrison Rogers.

Senator Miles of the 43rd recognized representatives of Jack and Jill of America, commended by SR 364, adopted previously.

Senator Douglas of the 17th asked unanimous consent that Senator Chapman of the 3rd be excused. The consent was granted, and Senator Chapman was excused.

Senator Seabaugh of the 28th asked unanimous consent that Senator Shafer of the 48th be excused. The consent was granted, and Senator Shafer was excused.

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

Senator Stoner of the 6th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused.

Senator Stoner of the 6th asked unanimous consent that Senator Meyer von Bremen of the 12th be excused. The consent was granted, and Senator Meyer von Bremen was excused.

Senator Stoner of the 6th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

SENATE RULES CALENDAR SATURDAY, MARCH 12, 2005 THIRTY-FIRST LEGISLATIVE DAY

SB 285

Trains; operation of; signal whistles; lights; remove certain provisions (TRANS-21st)

SB 260

General Assembly; furnishing/approval of bonds; repeal provisions (SLGO(G)-1st)

SB 259

Firearms; discharging on Sunday; repeal provision (PS&HS-1st)

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SB 287

Permits; operation of movie theaters/athletic events on Sundays; repeal provisions (SLGO(G)-31st)

SB 286

Employees; legislative branch; state merit system; optional coverage; repeal (I&L-47th)

SB 290

Leaf Tobacco; grading by Agriculture Marketing Service; alternatives (AG&CA-11th)

Respectfully submitted,

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

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

SB 285. By Senator Rogers of the 21st:

A BILL to be entitled an Act to amend Article 6 of Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to operation of trains generally, so as to remove certain provisions relating to employees engaged in the operation of trains and relating to signal whistles and lights on trains; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Balfour Brown Bulloch
Y Butler N Cagle Y Carter Y Chance E Chapman Y Douglas Y Fort Y Goggans E Golden

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp E Me V Bremen Y Miles Y Moody N Mullis N Pearson
Powell

Y Smith Starr
Y Staton Y Stephens Y Stoner Y Tate N Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman
Walker

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Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay E Shafer,D

Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 39, nays 4.

SB 285, having received the requisite constitutional majority, was passed.

Senator Williams of the 19th asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr was excused.

Senator Harp of the 29th asked unanimous consent that Senator Grant of the 25th be excused. The consent was granted, and Senator Grant was excused.

Senator Harp of the 29th asked unanimous consent that Senator Bulloch of the 11th be excused. The consent was granted, and Senator Bulloch was excused.

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

Senator Chance of the 16th asked unanimous consent that Senator Carter of the 13th be excused. The consent was granted, and Senator Carter was excused.

SB 260. By Senators Johnson of the 1st and Wiles of the 37th:

A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to repeal provisions relating to furnishing and approval of bonds by said officers; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Balfour Brown
E Bulloch

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens

Y Smith E Starr Y Staton Y Stephens

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Y Butler Y Cagle
Carter Y Chance E Chapman Y Douglas Y Fort Y Goggans E Golden E Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Johnson Y Jones Y Kemp E Me V Bremen Y Miles Y Moody Y Mullis Y Pearson E Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay E Shafer,D

Y Stoner Y Tate Y Thomas,D N Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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

SB 260, having received the requisite constitutional majority, was passed.

SB 259. By Senator Johnson of the 1st:

A BILL to be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and practices, so as to repeal provisions relating to the crime of discharging a firearm on Sunday; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Balfour Brown
E Bulloch Y Butler Y Cagle E Carter Y Chance E Chapman Y Douglas

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp E Me V Bremen Y Miles Y Moody

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S

SATURDAY, MARCH 12, 2005

1421

Y Fort Y Goggans E Golden E Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Mullis Y Pearson E Powell Y Reed Y Rogers Y Schaefer Y Seabaugh
Seay E Shafer,D

Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 41, nays 0.

SB 259, having received the requisite constitutional majority, was passed.

Senator Eric Johnson, President Pro Tempore, assumed the Chair.

SB 287. By Senator Heath of the 31st:

A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and trade practices, so as to repeal provisions which provide that local government permits are required for the operation of movie theaters and athletic events to be held on Sundays; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

The President resumed the Chair.

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

Adelman Balfour Brown E Bulloch Y Butler Y Cagle E Carter Y Chance E Chapman Y Douglas Y Fort Y Goggans

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp E Me V Bremen Y Miles Y Moody Y Mullis N Pearson

Y Smith E Starr Y Staton Y Stephens Y Stoner N Tate Y Thomas,D N Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman

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E Golden E Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

E Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay E Shafer,D

Walker Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 37, nays 3.

SB 287, having received the requisite constitutional majority, was passed.

SB 286. By Senator Hudgens of the 47th:

A BILL to be entitled an Act to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the state merit system of personnel administration in general, so as to repeal provisions relating to optional coverage of legislative branch employees under the classified service of the state merit system; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Balfour Brown
E Bulloch Y Butler Y Cagle E Carter Y Chance E Chapman Y Douglas Y Fort Y Goggans E Golden E Grant Y Hamrick Y Harbison

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson Y Jones Y Kemp E Me V Bremen Y Miles Y Moody Y Mullis Y Pearson E Powell Y Reed Y Rogers Y Schaefer

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D N Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles

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1423

Y Harp Y Heath Y Henson

Y Seabaugh Y Seay E Shafer,D

Y Williams Zamarripa

On the passage of the bill, the yeas were 40, nays 1.

SB 286, having received the requisite constitutional majority, was passed.

SB 290. By Senator Bulloch of the 11th:

A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 4 of Title 10, relating to leaf tobacco sales and storage, so as to repeal Code Section 104-114.1, relating to grading of leaf tobacco by the Agriculture Marketing Service and alternatives if graders are unavailable; to repeal conflicting laws; and for other purposes.

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

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

Y Adelman Balfour Brown
E Bulloch Y Butler Y Cagle E Carter Y Chance E Chapman Y Douglas
Fort Y Goggans E Golden E Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson
Jones Y Kemp E Me V Bremen Y Miles Y Moody N Mullis Y Pearson E Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay E Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D N Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 36, nays 2.

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SB 290, having received the requisite constitutional majority, was passed.
Senator Stephens of the 27th moved that the Senate stand adjourned pursuant to HR 487 until 10:00 a.m. Monday, March 14, 2005; the motion prevailed, and at 1:02 p.m. the President announced the Senate adjourned.

MONDAY, MARCH 14, 2005

1425

Senate Chamber, Atlanta, Georgia Monday, March 14, 2005
Thirty-second Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

The following communication was received by the Secretary:

Senator Judson Hill District 32 327-B Legislative Office Building Atlanta, GA 30334

Committees: Judiciary Health and Human Services Regulated Industries and Utilities Retirement

The State Senate Atlanta, Georgia 30334
MEMORANDUM
Date: March 14, 2005
To: Frank Eldridge Secretary of the Senate
From: Senator Judson H. Hill Senator Don Balfour Senator Chip Pearson
Re: SB 262
Dear Mr. Eldridge:
As the sponsor and co-sponsors of Senate Bill 262 we wish to not have this Bill heard in

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the Regulated Industries Committee nor otherwise considered as after filing the Bill new information has been provided resulting in our withdrawal of support for this Bill.

Sincerely,

/s/ Judson H. Hill, 32nd District /s/ Don Balfour, 9th District /s/ Chip Pearson, 51st District

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

Mr. President:

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

HB 25.

By Representatives Brooks of the 63rd, Coan of the 101st, Keen of the 179th, Richardson of the 19th, Porter of the 143rd and others:

A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to repeal a provision which grants the Governor the power to close any school or institution under the control of the board of regents; to repeal conflicting laws; and for other purposes.

HB 26.

By Representatives Brooks of the 63rd, Coan of the 101st, Keen of the 179th, Richardson of the 19th, Porter of the 143rd and others:

A BILL to be entitled an Act to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance, so as to repeal a provision authorizing the Governor to suspend all or any part of said subpart because of a riot, insurrection, public disorder, disturbance of the peace, natural calamity, or disaster; to repeal conflicting laws; and for other purposes.

HB 27.

By Representatives Brooks of the 63rd, Coan of the 101st, Keen of the 179th, Richardson of the 19th, Porter of the 143rd and others:

A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to repeal Article 14, relating to education grants; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 14, 2005

1427

HB 372. HB 373. HB 556.
HB 557. HB 558.

By Representatives Coan of the 101st, Brooks of the 63rd, Keen of the 179th, Richardson of the 19th, Porter of the 143rd and others:
A BILL to be entitled an Act to amend Code Section 20-2-553 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Education Authority (schools), so as to remove a provision that allows the authority to lease public property to private schools; to repeal conflicting laws; and for other purposes.
By Representatives Brooks of the 63rd, Coan of the 101st, Keen of the 179th, Richardson of the 19th, Porter of the 143rd and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, so as to repeal a provision relating to the eligibility of public school teachers and employees who are covered by a local retirement fund and who accept employment with nonsectarian schools; to repeal conflicting laws; and for other purposes.
By Representative Burkhalter of the 50th:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to repeal certain obsolete statutes relating to taxation and revenue; to repeal provisions relating to standards for bound tax digests, separate assessment and appeal of property for school property tax purposes, adjustment of Georgia taxable net income because of certain federal tax treatment of certain capital gains, and required questions about intangible taxes on income tax returns; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representative Burkhalter of the 50th:
A BILL to be entitled an Act to amend Chapter 8 of Title 36 of the Official Code of Georgia Annotated, relating to county police, so as to repeal Code Section 36-8-6, relating to duties of county police with respect to inspection of roads and bridges; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representative Burkhalter of the 50th:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts

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HB 577. HB 622. HB 733. HB 736.

involving alcoholic beverages, so as to repeal Code Section 3-3-28, relating to reuse, counterfeiting, or forging of tax stamps; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representatives Loudermilk of the 14th, Keen of the 179th, Brooks of the 63rd, Franklin of the 43rd, Scott of the 2nd and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers licenses, so as to provide for destruction of certain fingerprint records; to provide for certain disclosures; to prohibit the requirement of fingerprinting and similar identification of applicants for drivers licenses and identification cards; to prohibit the requirement of fingerprinting and similar identification of applicants for identification cards with disabilities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representative Burkhalter of the 50th:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telegraph service, so as to repeal provisions relating to the duty of telegraph companies to deliver dispatches or messages to persons residing within a certain proximity; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representatives Lewis of the 15th, Loudermilk of the 14th and Graves of the 12th:
A BILL to be entitled an Act to amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, approved March 18, 1985 (Ga. L. 1985, p. 3788), as amended, so as to change the compensation of the chief magistrate and the provisions related thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Byrd of the 20th, Hill of the 21st, Scheid of the 22nd and Murphy of the 23rd:
A BILL to be entitled an Act to authorize the City of Canton 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

MONDAY, MARCH 14, 2005

1429

provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

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

HR 113.

By Representatives Forster of the 3rd, Loudermilk of the 14th, Lewis of the 15th, Murphy of the 23rd, Parsons of the 42nd and others:

A RESOLUTION urging the United States Senators from the State of Georgia to support a repeal of the federal excise tax on telecommunications; and for other purposes.

The following Senate legislation was introduced, read the first time and referred to committee:
SB 349. By Senators Thomas of the 54th, Thomas of the 2nd, Butler of the 55th, Seay of the 34th and Moody of the 56th:
A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health of students in elementary and secondary education, so as to require that parents and guardians of students are provided with information about meningococcal meningitis and its associated vaccine or vaccines at the beginning of every school year; to provide for the development of sample educational materials by the Department of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Health and Human Services Committee.
SR 431. By Senators Carter of the 13th, Zamarripa of the 36th, Kemp of the 46th, Mullis of the 53rd, Hill of the 32nd and others:
A RESOLUTION creating the Senate Study Committee on Security for State and County Buildings; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

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

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HB 25. By Representatives Brooks of the 63rd, Coan of the 101st, Keen of the 179th, Richardson of the 19th, Porter of the 143rd and others:
A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to repeal a provision which grants the Governor the power to close any school or institution under the control of the board of regents; to repeal conflicting laws; and for other purposes.
Referred to the Higher Education Committee.
HB 26. By Representatives Brooks of the 63rd, Coan of the 101st, Keen of the 179th, Richardson of the 19th, Porter of the 143rd and others:
A BILL to be entitled an Act to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance, so as to repeal a provision authorizing the Governor to suspend all or any part of said subpart because of a riot, insurrection, public disorder, disturbance of the peace, natural calamity, or disaster; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.
HB 27. By Representatives Brooks of the 63rd, Coan of the 101st, Keen of the 179th, Richardson of the 19th, Porter of the 143rd and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to repeal Article 14, relating to education grants; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.
HB 372. By Representatives Coan of the 101st, Brooks of the 63rd, Keen of the 179th, Richardson of the 19th, Porter of the 143rd and others:
A BILL to be entitled an Act to amend Code Section 20-2-553 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Education Authority (schools), so as to remove a provision that allows the authority to lease public property to private schools; to repeal conflicting laws; and for other purposes.
Referred to the Education and Youth Committee.

MONDAY, MARCH 14, 2005

1431

HB 373. By Representatives Brooks of the 63rd, Coan of the 101st, Keen of the 179th, Richardson of the 19th, Porter of the 143rd and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, so as to repeal a provision relating to the eligibility of public school teachers and employees who are covered by a local retirement fund and who accept employment with nonsectarian schools; to repeal conflicting laws; and for other purposes.
Referred to the Retirement Committee.

HB 556. By Representative Burkhalter of the 50th:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to repeal certain obsolete statutes relating to taxation and revenue; to repeal provisions relating to standards for bound tax digests, separate assessment and appeal of property for school property tax purposes, adjustment of Georgia taxable net income because of certain federal tax treatment of certain capital gains, and required questions about intangible taxes on income tax returns; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

HB 557. By Representative Burkhalter of the 50th:
A BILL to be entitled an Act to amend Chapter 8 of Title 36 of the Official Code of Georgia Annotated, relating to county police, so as to repeal Code Section 36-8-6, relating to duties of county police with respect to inspection of roads and bridges; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

HB 558. By Representative Burkhalter of the 50th:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts involving alcoholic beverages, so as to repeal Code Section 3-3-28, relating to reuse,

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counterfeiting, or forging of tax stamps; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Finance Committee.

HB 577. By Representatives Loudermilk of the 14th, Keen of the 179th, Brooks of the 63rd, Franklin of the 43rd, Scott of the 2nd and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers licenses, so as to provide for destruction of certain fingerprint records; to provide for certain disclosures; to prohibit the requirement of fingerprinting and similar identification of applicants for drivers licenses and identification cards; to prohibit the requirement of fingerprinting and similar identification of applicants for identification cards with disabilities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Public Safety and Homeland Security Committee.

HB 622. By Representative Burkhalter of the 50th:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telegraph service, so as to repeal provisions relating to the duty of telegraph companies to deliver dispatches or messages to persons residing within a certain proximity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Regulated Industries and Utilities Committee.

HB 733. By Representatives Lewis of the 15th, Loudermilk of the 14th and Graves of the 12th:
A BILL to be entitled an Act to amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, approved March 18, 1985 (Ga. L. 1985, p. 3788), as amended, so as to change the compensation of the chief magistrate and the provisions related thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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1433

HB 736. By Representatives Byrd of the 20th, Hill of the 21st, Scheid of the 22nd and Murphy of the 23rd:

A BILL to be entitled an Act to authorize the City of Canton to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HR 113. By Representatives Forster of the 3rd, Loudermilk of the 14th, Lewis of the 15th, Murphy of the 23rd, Parsons of the 42nd and others:

A RESOLUTION urging the United States Senators from the State of Georgia to support a repeal of the federal excise tax on telecommunications; and for other purposes.

Referred to the Finance Committee.

The following committee reports were read by the Secretary:

Mr. President:

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

SR 326

Do Pass as amended

Respectfully submitted, Senator Hamrick of the 30th District, Vice-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 37

Do Pass as amended

Respectfully submitted, Senator Wiles of the 37th District, Chairman

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The following legislation was read the second time:

HB 499

Senator Adelman of the 42nd asked unanimous consent that Senator Zamarripa of the 36th be excused. The consent was granted, and Senator Zamarripa was excused.

Senator Thompson of the 33rd asked unanimous consent that Senator Hamrick of the 30th be excused. The consent was granted, and Senator Hamrick was excused.

Senator Stoner of the 6th asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused.

Senator Meyer von Bremen of the 12th asked unanimous consent that Senator Henson of the 41st be excused. The consent was granted, and Senator Henson was excused.

Senator Butler of the 55th asked unanimous consent that Senator Seay of the 34th be excused. The consent was granted, and Senator Seay was excused.

Senator Mullis of the 53rd asked unanimous consent that Senator Thomas of the 54th be excused. The consent was granted, and Senator Thomas was excused.

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

Adelman Balfour Brown Butler Carter Chance Chapman Douglas Goggans Golden Harbison Harp Heath Hill,Jack

Hill,Judson Hooks Johnson Jones Kemp Me V Bremen Miles Moody Mullis Pearson Rogers Schaefer Seabaugh Smith

Starr Staton Stephens Stoner Tate Thomas,R Thompson,S Unterman Walker Weber Whitehead Wiles Williams

Not answering were Senators:

Bulloch

Cagle

Grant

Hamrick (Excused)

Hudgens

Powell

Fort Henson (Excused) Reed

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1435

Seay (Excused) Thompson, C (Excused)

Shafer, D Tolleson

Thomas, D (Excused) Zamarripa (Excused)

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

The members pledged allegiance to the flag.

Senator Mullis of the 53rd introduced the chaplain of the day, Reverend Steve Ferguson of Fort Oglethorpe, Georgia, who offered scripture reading and prayer.

Senator Schaefer of the 50th introduced the doctor of the day, Dr. Marc Chetta.

Senator Golden of the 8th recognized the Lowndes County Football Team, commended by SR 107, adopted previously.

Senator Shafer of the 48th recognized J. Alvin Wilbanks, commended by SR 366, adopted previously.

Senator Hamrick of the 30th recognized the Carrollton High School Competitive Cheerleading Squad, commended by SR 311, adopted previously.

Senator Meyer von Bremen of the 12th recognized Haley Kilpatrick, commended by SR 330, adopted previously.

The following resolutions were read and adopted:

SR 382. By Senator Butler of the 55th:

A RESOLUTION commending William Robert Evans on becoming an Eagle Scout; and for other purposes.

SR 383. By Senator Goggans of the 7th:

A RESOLUTION remembering and honoring the life of Mr. Donald McCallum; and for other purposes.

SR 384. By Senator Goggans of the 7th:

A RESOLUTION commending the Citizens Christian Academy Lady Patriots Basketball team; and for other purposes.

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SR 385. By Senators Harp of the 29th and Golden of the 8th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Vedran Gruda of Columbus State University on Academic Recognition Day for 2005; and for other purposes.
SR 386. By Senators Harp of the 29th and Golden of the 8th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Carrie L. Ashley of Gordon College on Academic Recognition Day for 2005; and for other purposes.
SR 387. By Senators Harp of the 29th and Golden of the 8th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Rachel Nicole Mack of West Georgia University on Academic Recognition Day for 2005; and for other purposes.
SR 388. By Senators Harp of the 29th and Carter of the 13th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Ashley Askew of Clayton College and State University on Academic Recognition Day for 2005; and for other purposes.
SR 389. By Senators Harp of the 29th and Jones of the 10th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Sara Senters of Dalton State College on Academic Recognition Day for 2005; and for other purposes.
SR 390. By Senators Harp of the 29th and Jones of the 10th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Chi K. Vuong of Gainesville College on Academic Recognition Day for 2005; and for other purposes.
SR 391. By Senators Harp of the 29th and Johnson of the 1st:
A RESOLUTION commending University System of Georgia Outstanding Scholar Jeffrey Brandon Padgett of Coastal Georgia Community College on Academic Recognition Day for 2005; and for other purposes.

MONDAY, MARCH 14, 2005

1437

SR 392. By Senators Harp of the 29th and Johnson of the 1st:
A RESOLUTION commending University System of Georgia Outstanding Scholar Eva Ann Whitehead of Armstrong Atlantic State University on Academic Recognition Day for 2005; and for other purposes.
SR 393. By Senators Harp of the 29th and Johnson of the 1st:
A RESOLUTION commending University System of Georgia Outstanding Scholar Carla ONeal of South Georgia College on Academic Recognition Day for 2005; and for other purposes.
SR 394. By Senators Harp of the 29th and Johnson of the 1st:
A RESOLUTION commending University System of Georgia Outstanding Scholar Danielle Pauline Burns of Valdosta State University on Academic Recognition Day for 2005; and for other purposes.
SR 395. By Senators Harp of the 29th and Johnson of the 1st:
A RESOLUTION commending University System of Georgia Outstanding Scholar Jeanne R. Cooper of Waycross College on Academic Recognition Day for 2005; and for other purposes.
SR 396. By Senators Harp of the 29th and Meyer von Bremen of the 12th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Cassandra Denise Cheevers of Georgia Southern University on Academic Recognition Day for 2005; and for other purposes.
SR 397. By Senators Harp of the 29th and Meyer von Bremen of the 12th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Allison R. Popplewell of Augusta State University on Academic Recognition Day for 2005; and for other purposes.
SR 398. By Senators Harp of the 29th and Meyer von Bremen of the 12th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Ashli Nicole Bartlett of Medical College of Georgia on Academic Recognition Day for 2005; and for other purposes.

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SR 399. By Senators Harp of the 29th and Meyer von Bremen of the 12th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Sheena Travis-Bell of Savannah State University on Academic Recognition Day for 2005; and for other purposes.
SR 400. By Senators Harp of the 29th and Meyer von Bremen of the 12th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Matthew Tyler Crim of University of Georgia on Academic Recognition Day for 2005; and for other purposes.
SR 401. By Senators Harp of the 29th and Chapman of the 3rd:
A RESOLUTION commending University System of Georgia Outstanding Scholar Jason Stewart McNeely of East Georgia College on Academic Recognition Day for 2005; and for other purposes.
SR 402. By Senators Harp of the 29th and Chapman of the 3rd:
A RESOLUTION commending University System of Georgia Outstanding Scholar Ollena Shonta Harris of Fort Valley State University on Academic Recognition Day for 2005; and for other purposes.
SR 403. By Senators Harp of the 29th and Chapman of the 3rd:
A RESOLUTION commending University System of Georgia Outstanding Scholar Bradley A. Hobbs of Georgia College and State University on Academic Recognition Day for 2005; and for other purposes.
SR 404. By Senators Harp of the 29th and Chapman of the 3rd:
A RESOLUTION commending University System of Georgia Outstanding Scholar Senobia M. Garrett of Macon State College on Academic Recognition Day for 2005; and for other purposes.
SR 405. By Senators Harp of the 29th and Chapman of the 3rd:
A RESOLUTION commending University System of Georgia Outstanding Scholar Susie Marie Forbes of Middle Georgia College on Academic Recognition Day for 2005; and for other purposes.

MONDAY, MARCH 14, 2005

1439

SR 406. By Senators Harp of the 29th and Stoner of the 6th:
A RESOLUTION commending University System of Georgia Outstanding Scholar David Scott Collier of Kennesaw State University on Academic Recognition Day for 2005; and for other purposes.
SR 407. By Senators Harp of the 29th and Thomas of the 2nd:
A RESOLUTION commending University System of Georgia Outstanding Scholar Jana C. Pickard of Georgia Southwestern State University on Academic Recognition Day for 2005; and for other purposes.
SR 408. By Senators Harp of the 29th and Thomas of the 2nd:
A RESOLUTION commending University System of Georgia Outstanding Scholar Kaedy Leigh Cawthon of Abraham Baldwin Agricultural College on Academic Recognition Day for 2005; and for other purposes.
SR 409. By Senators Harp of the 29th and Thomas of the 2nd:
A RESOLUTION commending University System of Georgia Outstanding Scholar Jacquelyn J. Fisher of Bainbridge College on Academic Recognition Day for 2005; and for other purposes.
SR 410. By Senators Harp of the 29th and Thomas of the 2nd:
A RESOLUTION commending University System of Georgia Outstanding Scholar Charles Doxley of Albany State University on Academic Recognition Day for 2005; and for other purposes.
SR 411. By Senators Harp of the 29th and Thomas of the 2nd:
A RESOLUTION commending University System of Georgia Outstanding Scholar Maria D. Aldridge of Darton College on Academic Recognition Day for 2005; and for other purposes.
SR 412. By Senators Harp of the 29th and Bulloch of the 11th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Teresa Velzy Bowers of Floyd College on Academic Recognition Day for 2005; and for other purposes.

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SR 413. By Senators Harp of the 29th and Bulloch of the 11th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Julia Raykin of Southern Polytechnic State University on Academic Recognition Day for 2005; and for other purposes.
SR 414. By Senators Harp of the 29th and Balfour of the 9th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Laura K. Williamson of North Georgia College and State University on Academic Recognition Day for 2005; and for other purposes.
SR 415. By Senators Harp of the 29th and Hill of the 4th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Jared Miley of Georgia Perimeter College on Academic Recognition Day for 2005; and for other purposes.
SR 416. By Senators Miles of the 43rd, Butler of the 55th, Tate of the 38th, Thomas of the 2nd, Brown of the 26th and others:
A RESOLUTION recognizing and congratulating Justice Leah Ward Sears; and for other purposes.
SR 417. By Senators Brown of the 26th, Butler of the 55th, Fort of the 39th, Seay of the 34th, Thomas of the 2nd and others:
A RESOLUTION honoring the life and legacy of Ray Charles; and for other purposes.
SR 418. By Senators Brown of the 26th, Butler of the 55th, Fort of the 39th, Seay of the 34th, Thomas of the 2nd and others:
A RESOLUTION remembering and honoring the life of Mr. Ossie Davis; and for other purposes.
SR 419. By Senators Harp of the 29th and Thompson of the 5th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Sheena Zachery of Atlanta Metropolitan College on Academic Recognition Day for 2005; and for other purposes.

MONDAY, MARCH 14, 2005

1441

SR 420. By Senators Harp of the 29th and Thompson of the 5th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Justin Thomas Ford of Georgia Institute of Technology on Academic Recognition Day for 2005; and for other purposes.
SR 421. By Senators Harp of the 29th and Thompson of the 5th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Rebecca Anne Murphy of Georgia State University on Academic Recognition Day for 2005; and for other purposes.
SR 422. By Senators Mullis of the 53rd and Carter of the 13th:
A RESOLUTION commending Georgias sustainable and environmentally friendly businesses; and for other purposes.
SR 423. By Senator Fort of the 39th:
A RESOLUTION commending Laura and Rutherford Seydel; and for other purposes.
SR 424. By Senator Mullis of the 53rd:
A RESOLUTION commending and congratulating the Trion High School debate team; and for other purposes.
SR 425. By Senator Mullis of the 53rd:
A RESOLUTION commending and congratulating the Lakeview-Fort Oglethorpe High School football team; and for other purposes.
SR 426. By Senator Mullis of the 53rd:
A RESOLUTION commending and congratulating state wrestling champion Jake Edgeman; and for other purposes.
SR 427. By Senator Mullis of the 53rd:
A RESOLUTION commending and congratulating the Chattooga High School boys basketball team; and for other purposes.

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SR 428. By Senators Pearson of the 51st, Thomas of the 54th, Schaefer of the 50th, Cagle of the 49th, Reed of the 35th and others:

A RESOLUTION commending the Georgia Appalachian Trail Club; and for other purposes.

SR 430. By Senator Golden of the 8th:

A RESOLUTION honoring Dr. Joel L. Morgan upon being named Psychiatrist of the Year by the Georgia Psychiatric Physicians Association; and for other purposes.

SR 432. By Senators Heath of the 31st and Smith of the 52nd:

A RESOLUTION commending the Woodland High School Competitive Cheerleading Squad and its coaches on their Class AAAA State Championship; and for other purposes.

Senator Golden of the 8th asked unanimous consent that Senator Stoner of the 6th be excused. The consent was granted, and Senator Stoner was excused.

Senator Heath of the 31st asked unanimous consent that Senator Carter of the 13th be excused. The consent was granted, and Senator Carter was excused.

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

SENATE LOCAL CONSENT CALENDAR

Monday, March 14, 2005 Thirty-second Legislative Day

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

HB 37

Hill of the 32nd Reed of the 35th Zamarripa of the 36th Tate of the 38th Fort of the 39th Shafer of the 48th Moody of the 56th FULTON COUNTY

MONDAY, MARCH 14, 2005

1443

A BILL to be entitled an Act to incorporate the City of Sandy Springs in Fulton County; to provide for a charter for the City of Sandy Springs; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures: to provide for ordinances; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to repeal conflicting laws; and for other purposes. (AMENDMENT)

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

*HB 37:

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

Amend HB 37 by striking all matter on lines 23 through 26 of page 6 and inserting in lieu thereof the following:
(A) For all years, the millage rate imposed for ad valorem taxes on real property shall not exceed 4.731 unless a higher limit is recommended by resolution of the city council and approved by the qualified voters of the City of Sandy Springs; .

On the adoption of the amendment, the yeas were 44, nays 1, and the amendment was adopted.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens

Y Smith Y Starr Y Staton Y Stephens

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Y Butler Y Cagle E Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden
Grant E Hamrick Y Harbison Y Harp Y Heath E Henson

Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson
Powell N Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D

E Stoner Tate
E Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the local bill, the yeas were 44, nays 1.

HB 37 having received the requisite constitutional majority, was passed as amended.

Senator Moody of the 56th asked unanimous consent that HB 37 be immediately transmitted to the House.

The consent was granted, and HB 37 was immediately transmitted.

The following communication was received by the Secretary:

Senator Horacena Tate District 38 110 State Capitol Atlanta, GA 30334

Committees: Appropriations Health and Human Services Retirement State and Local Governmental Operations

The State Senate Atlanta, Georgia 30334

MEMORANDUM

TO: Mr. Frank Eldridge, Jr. Secretary of the Senate

From: Senator Horacena Tate 38th District

MONDAY, MARCH 14, 2005

1445

Date: March 14, 2005 (Thirty-Second Legislative Day)

Mr. Eldridge,

I was in attendance this morning for Roll Call, however, there was an emergency in my district and I had to temporarily leave the Capitol. I had asked Senator Robert Brown of the 26th to have me Excused before the vote on the Local Consent Calendar, but he forgot to do so until the body was in the process of voting on amendments for HB 85.

I am requesting that it be noted in the record that my request to be excused was done so before the call for the vote on the Local Consent Calendar.

Thank you in advance for your consideration.

/s/ Horacena Tate

SENATE RULES CALENDAR MONDAY, MARCH 14, 2005 THIRTY-SECOND LEGISLATIVE DAY

HB 188

Registered sexual offender; publish photo in legal organ (JUDY-21st) Burmeister-119th

HB 217

Athletic trainers; service in schools; licensing requirements; exception (RI&Util-24th) Neal-1st

HB 264

Commission on Interstate Cooperation; change certain provisions (Substitute)(I COOP-15th) Forster-3rd

HB 151

Drivers' licenses; information available to insurers; extend pilot program (PS&HS-48th) Martin-47th

HB 178

Retirement and Pensions Code; corrections (S JUDY-12th) Bridges-10th

HB 293

State Accounting Office; create (Substitute)(FIN-49th) O`Neal-146th

HB 85

General appropriations; FY 2005-2006 (Substitute)(APPROP-4th) Richardson-19th

Respectfully submitted,

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

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JOURNAL OF THE SENATE

The following legislation was read the third time and put upon its passage:
Pursuant to Senate Rule 4-2.4(b), the General Appropriations Bill, HB 85, took precedence on third reading over all other matters.
HB 85. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th and Keen of the 179th:
A BILL to be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006; and for other purposes.
SENATE SPONSOR: Senator Hill of the 4th.
THE SENATE APPROPRIATIONS COMMITTEE OFFERS THE FOLLOWING SUBSTITUTE TO H.B. 85:
A BILL TO BE ENTITLED AN ACT To make and provide appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006, as prescribed hereinafter for such fiscal year:

Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds Temporary Assistance for Needy Families Block Grant Social Services Block Grant Child Care and Development Block Grant Foster Care Title IV-E Maternal and Child Health Services Block Grant

$29,640,806,250 $12,076,727,551 $2,436,167,760 $1,783,427,307
$101,789,751 $301,522,471
$50,183,224 $74,026,303 $66,740,935 $17,348,033

MONDAY, MARCH 14, 2005

1447

Medical Assistance Program Preventive Health and Health Services Block Block Grants for Community Mental Health Services Block Grants for Prevention and Treatment of Substance Abuse Federal Highway Administration Highway Planning Construction Federal Transit Adminsitration Capital Investment Grants Research Funds State Children's Insurance Program Community Services Block Grant Low-Income Home Energy Assistance TANF - Block Grant Unobligated Balance TANF - Transfer to Social Services Block Grant TANF - Transfer to to Child Care Development Fund State Funds Lottery Funds Tobacco Funds Motor Fuel Funds Other State Funds State General Funds Intra-State Government Transfers Health Insurance Payments Other Intra-State Government Transfers Retirement Payments Self Insurance Trust Fund Payments Optional Medicaid Services Payments

$4,135,217,187 $4,203,960 $12,840,422
$50,960,438 $1,100,000,000
$12,858,431 $1,483,785,256
$182,216,568 $17,185,183 $18,929,972 $160,821,854 $36,802,496 $29,700,000
$17,564,078,699 $811,629,758 $156,626,752 $790,000,000 $180,862,880
$15,624,959,309 $2,521,047,563 $1,991,123,360
$39,886,170 $36,195,366 $132,900,000 $320,942,667

Section 1: Georgia Senate Total Funds Non State Funds State Funds
State General Funds Intra-State Government Transfers
LIEUTENANT GOVERNOR'S OFFICE Total Funds State Funds State General Funds
SECRETARY OF THE SENATE'S OFFICE Total Funds State Funds State General Funds
SENATE Total Funds

$46,506,737 $36,802,496
$9,704,241 $9,704,241
$0
$812,123 $812,123 $812,123
$1,211,226 $1,211,226 $1,211,226
$6,682,110

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JOURNAL OF THE SENATE

State Funds State General Funds

$6,682,110 $6,682,110

SENATE BUDGET AND EVALUATION OFFICE

The purpose is to provide budget development and evaluation expertise to the State

Senate.

Total Funds

$998,782

State Funds

$998,782

State General Funds

$998,782

Section 2: Georgia House of Representatives Total Funds Non State Funds State Funds
State General Funds Intra-State Government Transfers
HOUSE OF REPRESENTATIVES Total Funds State Funds State General Funds

$53,999,335 $36,802,496 $17,196,839 $17,196,839
$0
$17,196,839 $17,196,839 $17,196,839

Section 3: Georgia General Assembly Joint Offices Total Funds Non State Funds State Funds
State General Funds Intra-State Government Transfers

$45,446,453 $36,802,496
$8,643,957 $8,643,957
$0

ANCILLARY ACTIVITIES

The purpose is to provide services for the legislative branch of government.

Total Funds

$3,432,379

State Funds

$3,432,379

State General Funds

$3,432,379

LEGISLATIVE FISCAL OFFICE The purpose is to act as the bookkeeper-comptroller for the legislative branch of government and shall maintain an account of legislative expenditures and commitments.

Total Funds State Funds

$2,204,887 $2,204,887

State General Funds

$2,204,887

OFFICE OF LEGISLATIVE COUNSEL The purpose is to provide bill-drafting services, advise and counsel members of the General Assembly.

MONDAY, MARCH 14, 2005

1449

Total Funds State Funds
State General Funds

$3,006,691 $3,006,691 $3,006,691

Section 4: Audits and Accounts, Department of Total Funds Non State Funds State Funds
State General Funds Intra-State Government Transfers

$65,629,125 $36,802,496 $28,826,629 $28,826,629
$0

DEPARTMENTAL ADMINISTRATION The purpose is to provide administrative support to all departmental programs.

Total Funds State Funds

$359,972 $359,972

State General Funds

$359,972

FINANCIAL AUDITS The purpose is to provide financial audits of statewide finances, Medicaid providers, healthcare fraud, regional libraries, reviews of local governments and non-profit organizations.

Total Funds State Funds
State General Funds

$22,803,829 $22,803,829 $22,803,829

INFORMATION SYSTEMS AUDITS The purpose is to provide independent information systems audits and reviews to determine security and control and advise the state on significant IT initiatives.

Total Funds State Funds

$1,075,871 $1,075,871

State General Funds

$1,075,871

LEGISLATIVE SERVICES The purpose is to provide information on retirement system services, promulgation of statewide policies and procedures and provide fiscal note services.

Total Funds State Funds
State General Funds

$110,575 $110,575 $110,575

PERFORMANCE AUDITS The purpose is to provide detailed analysis of performance measures for state

sponsored programs.

Total Funds State Funds

$2,424,947 $2,424,947

State General Funds

$2,424,947

728

1450

JOURNAL OF THE SENATE

STATEWIDE EQUALIZED ADJUSTED PROPERTY TAX DIGEST

The purpose is to provide an equalized property tax for use in allocating state funds

for public school systems.

Total Funds

$2,051,435

State Funds

$2,051,435

State General Funds

$2,051,435

Section 5: Appeals, Court of Total Funds Non State Funds
Agency Funds State Funds
State General Funds Intra-State Government Transfers

$49,416,470 $36,892,496
$90,000 $12,523,974 $12,523,974
$0

COURT OF APPEALS The purpose of this court is to review and exercise appellate and certiorari jurisdiction in all cases not reserved to the Supreme Court or conferred on other courts by law.

Total Funds Non-State Funds
Agency Funds State Funds
State General Funds

$12,613,974 $90,000 $90,000
$12,523,974 $12,523,974

Section 6: Judicial Council Total Funds Non State Funds State Funds
State General Funds Intra-State Government Transfers

$56,234,224 $36,802,496 $19,431,728 $19,431,728
$0

COUNCIL OF JUVENILE COURT JUDGES The purpose is to establish general policies for the conduct of courts exercising jurisdiction over children and may promulgate uniform rules and forms governing procedures and practices of the courts.

Total Funds State Funds
State General Funds

$6,260,973 $6,260,973 $6,260,973

GEORGIA OFFICE OF DISPUTE RESOLUTION The purpose is to oversee the development of court-connected alternative dispute

resolution programs in Georgia.

Total Funds

$362,236

MONDAY, MARCH 14, 2005

1451

State Funds State General Funds

$362,236 $362,236

INSTITUTE OF CONTINUING JUDICIAL EDUCATION The purpose is to provide basic training and continuing education to elected officials, court support personnel and volunteer agents of the State's judicial branch.

Total Funds State Funds
State General Funds

$1,126,382 $1,126,382 $1,126,382

JUDICIAL COUNCIL The purpose is to consult with and assist judges, administrators, clerks of court, and other officers and employees of the court pertaining to matters relating to court administration.

Total Funds State Funds
State General Funds

$10,624,235 $10,624,235 $10,624,235

JUDICIAL QUALIFICATIONS COMMISSION The purpose is to discipline, remove, and cause involuntary retirement of judges.

Total Funds State Funds
State General Funds

$257,902 $257,902 $257,902

RESOURCE CENTER The purpose of this program is to provide representation to all death penalty sentenced inmates in habeas proceedings.

Total Funds State Funds
State General Funds

$800,000 $800,000 $800,000

Section 7: Prosecuting Attorneys Total Funds Non State Funds
Agency Funds State Funds
State General Funds Intra-State Government Transfers

$87,918,586 $38,569,542
$1,767,046 $49,349,044 $49,349,044
$0

DISTRICT ATTORNEYS

The District Attorney represents the State of Georgia in the trial and appeal of

felony criminal cases in the Superior Court for the judicial circuit and delinquency

cases in the juvenile courts.

Total Funds

$45,650,833

Non-State Funds

$1,767,046

729

1452

JOURNAL OF THE SENATE

Agency Funds State Funds
State General Funds

$1,767,046 $43,883,787 $43,883,787

PROSECUTING ATTORNEY'S COUNCIL This program is charged with the responsibility of assisting Georgia's District

Attorneys and State Court Solicitors.

Total Funds State Funds
State General Funds

$5,465,257 $5,465,257 $5,465,257

Section 8: Public Defender Standards Council, Georgia Total Funds Non State Funds
Agency Funds State Funds
State General Funds Intra-State Government Transfers

$80,081,556 $38,002,496 $1,200,000 $42,079,060 $42,079,060
$0

PUBLIC DEFENDER STANDARDS COUNCIL The purpose is to assure that adequate and effective legal representation is provided,

independently of political considerations or private interests, to indigent persons

who are entitled to representation under this chapter.

Total Funds Non-State Funds
Agency Funds State Funds
State General Funds

$43,279,060 $1,200,000 $1,200,000 $42,079,060 $42,079,060

Section 9: Superior Courts Total Funds Non State Funds State Funds
State General Funds Intra-State Government Transfers

$89,529,832 $36,802,496 $52,727,336 $52,727,336
$0

COUNCIL OF SUPERIOR COURT CLERKS

To assist superior court clerks throughout the state in the execution of their duties,

and to promote and assist in their training of the superior court clerks.

Total Funds

$144,925

State Funds

$144,925

State General Funds

$144,925

JUDICIAL ADMINISTRATIVE DISTRICTS The purpose of this program is to prepare and manage local county court judges.

MONDAY, MARCH 14, 2005

1453

Total Funds State Funds
State General Funds

$2,253,718 $2,253,718 $2,253,718

STATEWIDE FELONY AND JUVENILE DRUG COURTS The purpose of this program is to reduce recidivism among nonviolent substance abusing adult and juvenile offenders and to increase their likelihood of rehabilitation through intensive, judicially-supervised case management involving drug testing, treatment, community supervision, incentives and immediate sanctions.

Total Funds State Funds
State General Funds

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

SUPERIOR COURT JUDGES The purpose is to be Georgia's general jurisdiction trial court and exercise exclusive, constitutional authority over felony cases, divorce, equity and cases regarding title to land.

Total Funds State Funds
State General Funds

$49,328,693 $49,328,693 $49,328,693

Section 10: Supreme Court Total Funds Non State Funds State Funds
State General Funds Intra-State Government Transfers

$44,445,217 $36,802,496
$7,642,721 $7,642,721
$0

SUPREME COURT OF GEORGIA The purpose is to be a court of review and exercise exclusive appellate jurisdiction in all cases involving the construction of a treaty or of the Constitution of the State of Georgia or of the United States and all cases in which the constitutionality of a law, ordinance, or constitutional provision has been drawn in question, and all cases of election contest.

Total Funds State Funds
State General Funds

$7,642,721 $7,642,721 $7,642,721

Section 11: Administrative Services, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds

$219,587,434 $56,069,404
$253,616 $17,793,967
$1,219,325

730

1454

JOURNAL OF THE SENATE

State Funds State General Funds
Intra-State Government Transfers Self Insurance Trust Fund Payments

$30,618,030 $30,618,030 $132,900,000 $132,900,000

ADMINISTRATIVE HEARINGS, OFFICE OF STATE The purpose is to provide an impartial, independent forum for resolving disputes

between the public and state agencies.

Total Funds Non-State Funds
Agency Funds State Funds

$4,315,915 $601,308 $601,308
$3,714,607

State General Funds

$3,714,607

BULK PAPER SALES The purpose is to reduce cost through aggregation of demand for paper in bulk quantities.

Total Funds Non-State Funds
Agency Funds Other Non-State Funds

$2,353,715 $2,353,715 $2,155,511
$198,204

DEPARTMENTAL ADMINISTRATION

The purpose is to provide administrative support to all department programs.

Total Funds

$6,231,896

Non-State Funds

$2,600,865

Agency Funds

$2,574,058

Federal Funds Not Specifically Identified

$26,807

State Funds

$3,631,031

State General Funds

$3,631,031

FISCAL SERVICES The purpose is to provide administrative functions, services, and equipment necessary for the fulfillment of the responsibilities of the superior courts, to provide pass-thru to appropriate authorities, and to act as administrative managers of attached agencies.

Total Funds Non-State Funds
Agency Funds Other Non-State Funds

$307,228 $307,228 $270,944 $36,284

FLEET MANAGEMENT The purpose is to reduce cost through centralized, appropriate, and cost-effective management of the state's motor vehicle fleet.

Total Funds

$2,409,075

MONDAY, MARCH 14, 2005

1455

Non-State Funds Agency Funds Other Non-State Funds

$2,409,075 $1,787,107
$621,968

HAZARDOUS MATERIALS, AGENCY FOR THE REMOVAL OF The purpose is to establish and administer a program for the abatement and removal

of asbestos and other hazardous materials from premises of the state.

Total Funds State Funds
State General Funds

$85,354 $85,354 $85,354

HEALTH PLANNING REVIEW BOARD The purpose is to review decisions made by hearing officers.
Total Funds State Funds
State General Funds

$60,473 $60,473 $60,473

MAIL AND COURIER The purpose is to reduce cost through aggregation of demand for Capitol Hill and metro area mail and package delivery services.

Total Funds Non-State Funds
Agency Funds Other Non-State Funds

$1,281,259 $1,281,259
$983,555 $297,704

PAYMENTS TO AVIATION HALL OF FAME The purpose is to promote and encourage the growth and public support of
aviation within the state by honoring those, living or dead, who by extraordinary achievement or service have made outstanding and lasting contributions to aviation in Georgia.

Total Funds State Funds
State General Funds

$50,000 $50,000 $50,000

PAYMENTS TO GEORGIA BUILDING AUTHORITY

The purpose is to purchase, erect, and maintain buildings and other facilities to

house agents and officials of the state government.

Total Funds

$2,385,619

Non-State Funds

$54,331

Federal Funds Not Specifically Identified

$54,331

State Funds

$2,331,288

State General Funds

$2,331,288

PAYMENTS TO GEORGIA TECHNOLOGY AUTHORITY The purpose is to provide for procurement of technology resources, enterprise management, and portfolio management as well as the centralized marketing,

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provision, sale, and leasing, or execution of license agreements for access online or in volume, of certain public information maintained in electronic format to the public.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$922,478 $172,478 $172,478 $750,000 $750,000

PAYMENTS TO GOLF HALL OF FAME AUTHORITY The purpose is to construct and maintain a facility and related attractions to house the Georgia Golf Hall of Fame to honor those who by achievement or service have made outstanding and lasting contributions to the sport of golf in this state or elsewhere.

Total Funds State Funds
State General Funds

$58,685 $58,685 $58,685

PROPERTIES COMMISSION, STATE The purpose is to assure the taxpayers of Georgia that acquisitions and dispositions of state property are carried out in an equitable, legal, ethical, and efficient manner.

Total Funds State Funds
State General Funds

$558,156 $558,156 $558,156

RISK MANAGEMENT The purpose is cost minimization and fair treatment of citizens through effective claims management and appropriate disposition of personal injury claims against the state or its employees.

Total Funds Non-State Funds
Agency Funds Intra-State Government Transfers
Self Insurance Trust Fund Payments

$137,548,209 $4,648,209 $4,648,209
$132,900,000 $132,900,000

SERVICE CONTRACT MANAGEMENT

The purpose is to provide customer cost avoidance for service contracts through

aggregation of demand, competitive procurement, and contract management.

Total Funds

$140,330

Non-State Funds

$140,330

Agency Funds

$134,316

Other Non-State Funds

$6,014

SPACE MANAGEMENT The purpose is to help state government meet its current need for office space and

MONDAY, MARCH 14, 2005

1457

plan for future needs as business goals and operations change.
Total Funds State Funds
State General Funds

$371,491 $371,491 $371,491

STATE PURCHASING The purpose is to reduce cost and provide fair and equitable access through open, structured competitive procurement.

Total Funds Non-State Funds
Agency Funds State Funds
State General Funds

$18,796,901 $153,060 $153,060
$18,643,841 $18,643,841

SURPLUS PROPERTY The purpose is to reduce cost owned equipment.
Total Funds Non-State Funds
Agency Funds

through maximization of the useful life of state-
$2,017,271 $2,017,271 $2,017,271

TREASURY AND FISCAL SERVICES, OFFICE OF The purpose is to receive and keep safely all monies which shall from time to time be paid to the treasury of this state, and to pay all warrants legally drawn on the

treasury.

Total Funds Non-State Funds
Agency Funds State Funds
State General Funds

$2,730,290 $2,376,779 $2,376,779
$353,511 $353,511

U.S. POST OFFICE

The purpose is to provide convenient and cost-effective postal services to agencies

and individuals.

Total Funds

$160,593

Non-State Funds

$151,000

Agency Funds

$91,849

Other Non-State Funds

$59,151

State Funds

$9,593

State General Funds

$9,593

Notwithstanding any provision of the law to the contrary, in managing any of the selfinsurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the

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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 12: Agriculture, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers

$86,363,424 $45,523,423
$7,063,885 $1,657,042 $40,840,001 $40,840,001
$0

CONSUMER PROTECTION The purpose is to prevent, control and eradicate certain infectious and communicable diseases of livestock.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$28,326,123 $7,561,782
$591,257 $6,970,525 $20,764,341 $20,764,341

DEPARTMENTAL ADMINISTRATION

The purpose is to provide administrative support for all programs of the department.

Total Funds

$6,241,844

Non-State Funds

$285,964

Agency Funds

$211,680

Federal Funds Not Specifically Identified

$74,284

State Funds

$5,955,880

State General Funds

$5,955,880

MARKETING AND PROMOTION

The purpose is to expand sales of Georgia's commodities from growers by

promoting them domestically and internationally.

Total Funds

$8,727,570

Non-State Funds

$873,181

Agency Funds

$854,105

Federal Funds Not Specifically Identified

$19,076

State Funds

$7,854,389

State General Funds

$7,854,389

PAYMENTS TO ATHENS AND TIFTON VETERINARY LABORATORIES The purpose is to ensure the safety of our food supply and the health of animals (production, equine and companion) within the State of Georgia.

MONDAY, MARCH 14, 2005

1459

Total Funds State Funds
State General Funds

$3,230,405 $3,230,405 $3,230,405

POULTRY VETERINARY DIAGNOSTIC LABS The purpose is to provide diagnostic and monitoring services to Georgia poultry

growers.

Total Funds State Funds
State General Funds

$3,034,986 $3,034,986 $3,034,986

The Office of Planning and Budget is hereby authorized to transfer funds to the appropriate departmental programs in amounts equal to the departmental remittances to the Office of Treasury and Fiscal Services from agency fund collections.

Section 13: Banking and Finance, Department of Total Funds Non State Funds State Funds
State General Funds Intra-State Government Transfers

$47,767,566 $36,802,496 $10,965,070 $10,965,070
$0

CHARTERING, LICENSING AND APPLICATIONS/NON-MORTGAGE ENTITIES

The purpose is to provide efficient and flexible application, registration and

notification procedures for financial institutions that are in compliance with applicable laws, regulations and department policies.

Total Funds State Funds
State General Funds

$495,504 $495,504 $495,504

CONSUMER PROTECTION AND ASSISTANCE The purpose is to assist consumers with problems encountered when dealing with department-regulated entities.

Total Funds State Funds
State General Funds

$515,920 $515,920 $515,920

DEPARTMENTAL ADMINISTRATION

The purpose is to provide administrative support to all department programs.

Total Funds

$1,633,916

State Funds

$1,633,916

State General Funds

$1,633,916

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FINANCIAL INSTITUTION SUPERVISION The purpose is to provide for safe and sound operation of Georgia state-chartered financial institutions, and to protect the interests of the depositors, creditors and shareholders of those institutions.

Total Funds State Funds
State General Funds

$6,581,431 $6,581,431 $6,581,431

MORTGAGE SUPERVISION The purpose is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices and enforce applicable laws and regulations.

Total Funds State Funds
State General Funds

$1,738,299 $1,738,299 $1,738,299

Section 14: Community Affairs, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds Fed Transit Admin - Capital Investment Grants
State Funds Tobacco Funds State General Funds
Intra-State Government Transfers

$220,270,204 $141,257,900 $93,623,716 $10,831,688
$0 $0
$79,012,304 $47,123,333 $31,888,971
$0

APPALACHIAN REGIONAL COMMISSION ASSESSMENT Total Funds State Funds State General Funds

$163,000 $163,000 $163,000

BUILDING CONSTRUCTION The purpose is to establish minimum building construction standards for all new structures including mass-produced factory built (modular) buildings built in the state.

Total Funds Non-State Funds
Agency Funds State Funds
State General Funds

$451,125 $171,722 $171,722 $279,403 $279,403

COORDINATED PLANNING The purpose is to give communities the information, assistance, tools and funding

MONDAY, MARCH 14, 2005

1461

needed to successfully implement planning and quality growth solutions to enhance and fulfill the requirements of Coordinated Comprehensive Planning according to the Georgia Planning Act of 1989.

Total Funds State Funds
State General Funds

$3,834,160 $3,834,160 $3,834,160

DEPARTMENTAL ADMINISTRATION The purpose is to provide administrative support for all programs of the department.

Total Funds

$4,272,686

Non-State Funds Agency Funds Federal Funds Not Specifically Identified
State Funds State General Funds

$2,556,441 $2,476,773
$79,668 $1,716,245 $1,716,245

ENVIRONMENTAL EDUCATION AND ASSISTANCE

The purpose is to provide technical assistance, resource tools, and public education

outreach resources.

Total Funds

$973,896

State Funds

$973,896

State General Funds

$973,896

FEDERAL COMMUNITY AND ECONOMIC DEVELOPMENT PROGRAMS The purpose is to administer incentive programs and education programs as well as provide technical assistance in the area of economic development to local governments, development authorities, and private for-profit entities.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$38,453,134 $36,985,354 $36,985,354
$1,467,780 $1,467,780

GEORGIA ADVOCACY COUNCIL FOR DISABLED PERSONS The purpose is to provide funds for the Georgia Advocacy Council for Disabled Persons.

Total Funds State Funds
State General Funds

$249,902 $249,902 $249,902

HOMEOWNERSHIP PROGRAMS The purpose is to expand the supply of standard affordable housing through rehabilitation, construction and provide homeownership opportunities for low and moderate income individuals.

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Total Funds Non-State Funds
Agency Funds

$4,014,155 $4,014,155 $4,014,155

LOCAL ASSISTANCE GRANTS The department shall make grants or loans to eligible recipients or qualified local governments, which grants or loans are specified by amount, recipient, and purpose in an appropriation to the department.

Local Assistance Grants: $5,000 to the City of Milledgville for the Silver Haired Legislature. $45,000 to the City of Columbus for the Civil War Naval Museum.
Total Funds State Funds
State General Funds

$50,000 $50,000 $50,000

PAYMENTS TO GEORGIA ENVIRONMENTAL FACILITIES AUTHORITY

The purpose is to provide funds for Georgia Environmental Facilities Authority for the Georgia Rural Water Association.

Total Funds State Funds
State General Funds

$100,000 $100,000 $100,000

PAYMENTS TO GEORGIA MEDICAL CENTER AUTHORITY

The purpose is to provide funds To the Georgia Medical Center Authority.

Total Funds

$250,000

State Funds

$250,000

State General Funds

$250,000

PAYMENTS TO GEORGIA MUSIC HALL OF FAME AUTHORITY

The purpose is to preserve Georgia's rich musical heritage.

Total Funds

$767,039

State Funds

$767,039

State General Funds

$767,039

PAYMENTS TO GEORGIA REGIONAL TRANSPORTATION

AUTHORITY

The purpose is to improve Georgia's mobility, air quality, and land use practices.

Total Funds

$4,360,581

State Funds

$4,360,581

State General Funds

$4,360,581

PAYMENTS TO GEORGIA SPORTS HALL OF FAME AUTHORITY

The purpose is to preserve and interpret the history of sports in Georgia.

Total Funds

$725,060

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1463

State Funds State General Funds

$725,060 $725,060

PAYMENTS TO ONEGEORGIA AUTHORITY The purpose is to provide funds for the OneGeorgia Authority.
Total Funds State Funds
Tobacco Funds

$47,123,333 $47,123,333 $47,123,333

PAYMENTS TO THE STATE HOUSING TRUST FUND The purpose is to provide temporary shelter, permanent housing, and essential services to homeless individuals and households, and provide affordable housing to persons with special needs.

Total Funds Non-State Funds
Agency Funds State Funds
State General Funds

$4,205,351 $1,172,459 $1,172,459 $3,032,892 $3,032,892

REGIONAL SERVICES The purpose is to assist in the marketing, development, and implementation of

housing, community and economic development projects and services.

Total Funds State Funds
State General Funds

$1,571,517 $1,571,517 $1,571,517

RENTAL HOUSING PROGRAMS

The purpose is to provide affordable rental housing to very low, low, and moderate-

income households by allocating federal and state housing tax credits on a

competitive basis and by providing subsidized housing through the Housing Choice

Program.

Total Funds

$62,831,215

Non-State Funds

$59,543,386

Agency Funds

$2,996,579

Federal Funds Not Specifically Identified

$56,546,807

State Funds

$3,287,829

State General Funds

$3,287,829

RESEARCH AND SURVEYS The purpose is to conduct surveys and collect financial/management data from local governments and authorities as directed by statute.

Total Funds State Funds
State General Funds

$665,422 $665,422 $665,422

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STATE COMMUNITY DEVELOPMENT PROGRAMS The purpose is to assist Georgia cities, small towns and neighborhoods in the development of their core commercial areas and champion new development opportunities for rural Georgia.

Total Funds State Funds
State General Funds

$4,690,051 $4,690,051 $4,690,051

STATE ECONOMIC DEVELOPMENT PROGRAM The purpose is to facilitate and stimulate economic activity, private investment, and job creation by various means including making loans and grants.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$3,716,081 $11,887 $11,887
$3,704,194 $3,704,194

If a local assistance grant 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 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.

Section 15: Community Health, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds Medical Assistance Program State Children's Insurance Program Indigent Care Trust Fund - Hospital Contributions
State Funds Tobacco Funds State General Funds
Intra-State Government Transfers Health Insurance Payments Optional Medicaid Service Payments

$9,414,974,717 $4,836,987,513
$186,952,633 $146,969,749
$0 $4,135,217,187
$182,216,568 $148,828,880
$2,265,921,177 $58,087,386
$2,207,833,791 $2,312,066,027 $1,991,123,360
$320,942,667

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1465

COMPOSITE BOARD OF MEDICAL EXAMINERS The purpose of this program is to ensure quality health care by licensing qualified applicants as physicians, physician's assistants, physician residents in training, per fusionists, respiratory care professionals, acupuncturists and auricular (ear) detoxification specialists.

Total Funds

$2,035,705

State Funds

$2,035,705

State General Funds

$2,035,705

DEPARTMENTAL ADMINISTRATION AND PROGRAM SUPPORT The purpose is to provide administrative support to all departmental programs.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified Medical Assistance Program State Children's Insurance Program State Funds

$267,179,496 $186,442,710 $11,190,131 $167,416,208
$7,836,371 $62,201,048

State General Funds

$62,201,048

Intra-State Government Transfers

$18,535,738

Health Insurance Payments Optional Medicaid Services Payments

$17,295,727 $1,240,011

HEALTH CARE ACCESS AND IMPROVEMENT The purpose is to improve the health, wellness and access to healthcare for

Georgians.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds

$6,400,244 $513,693 $513,693
$5,786,551

State General Funds Intra-State Government Transfers

$5,786,551 $100,000

Optional Medicaid Services Payments

$100,000

INDIGENT CARE TRUST FUND The purpose is to expand Medicaid eligibility and services; support rural and other healthcare providers, primarily hospitals, that serve the medically indigent; and fund primary health care programs for medically indigent Georgians.

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.

Total Funds

$368,267,504

Non-State Funds

$368,267,504

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Medical Assistance Program Indigent Care Trust Fund - Hospital Contributions

$219,438,624 $148,828,880

MEDICAID: AGED, BLIND, AND DISABLED The purpose is to provide health care access primarily to elderly and disabled individuals.

Total Funds Non-State Funds
Agency Funds Medical Assistance Program State Funds Tobacco Funds

$3,621,569,824 $2,420,761,977
$91,726,671 $2,329,035,306 $1,200,807,847
$33,151,151

State General Funds

$1,167,656,696

MEDICAID: LOW-INCOME MEDICAID The purpose is to provide healthcare access primarily to low-income individuals.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified Medical Assistance Program State Funds Tobacco Funds

$2,598,902,010 $1,494,018,978
$55,243,078 $167,416,207 $1,271,359,693 $785,280,376
$19,965,530

State General Funds

$765,314,846

Intra-State Government Transfers

$319,602,656

Optional Medicaid Services Payments

$319,602,656

MEDICAL EDUCATION BOARD, STATE The purpose is to provide an adequate supply of physicians in rural areas of the state; and to provide a program of aid to promising medical students who do not have the financial means to attend medical school.

Total Funds State Funds
State General Funds

$1,352,788 $1,352,788 $1,352,788

NURSING HOME PROVIDER FEES Total Funds Non-State Funds Medical Assistance Program State Funds State General Funds

$248,196,640 $147,967,356 $147,967,356 $100,229,284 $100,229,284

PEACHCARE The purpose is to offer comprehensive health care to uninsured children living in Georgia.

MONDAY, MARCH 14, 2005

1467

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Children's Insurance Program State Funds Tobacco Funds State General Funds

$252,462,125 $182,212,799
$7,832,602 $174,380,197
$70,249,326 $4,970,705 $65,278,621

PHYSICIAN WORKFORCE, GEORGIA BOARD OF: BOARD ADMINISTRATION

The purpose is to identify the physician workforce needs of Georgia communities and to meet those needs through the support and development of medical education programs.

Total Funds

$533,241

State Funds State General Funds

$533,241 $533,241

PHYSICIAN WORKFORCE, GEORGIA BOARD OF: GRADUATE MEDICAL EDUCATION

The purpose is to identify the physician workforce needs of Georgia communities and to meet those needs through the support and development of medical education programs.

Total Funds State Funds
State General Funds

$6,413,815 $6,413,815 $6,413,815

PHYSICIAN WORKFORCE, GEORGIA BOARD OF: UNDERGRADUATE MEDICAL EDUCATION The purpose is to identify the physician workforce needs of Georgia communities and to meet those needs through the support and development of medical education programs.

Total Funds State Funds
State General Funds

$31,031,196 $31,031,196 $31,031,196

STATE HEALTH BENEFIT PLAN The purpose is to provide to state employees a healthcare benefit that is competitive with other commercial benefit plans in quality of care, access to providers and efficient management of provider fees. It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 2006 shall not exceed 14.02%.

Total Funds Intra-State Government Transfers
Health Insurance Payments

$1,973,827,633 $1,973,827,633 $1,973,827,633

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Section 16: Corrections, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds State Funds State General Funds Intra-State Government Transfers Indirect DOAS Funds

$991,952,169 $68,913,676 $10,854,830 $21,256,350
$0 $923,038,493 $923,038,493
$0 $0

BAINBRIDGE PROBATION SUBSTANCE ABUSE TREATMENT CENTER The purpose is to provide a sanctioning option for probationers who require more security and supervision than provided by regular community supervision.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$3,251,572 $27,789 $7,046 $20,743
$3,223,783 $3,223,783

COUNTY JAIL SUBSIDY The purpose is to reimburse counties for the costs of incarcerating state prisoners in their local facilities.

Total Funds

$11,604,999

Non-State Funds Federal Funds Not Specifically Identified
State Funds State General Funds

$5,154,999 $5,154,999 $6,450,000 $6,450,000

DEPARTMENTAL ADMINISTRATION The purpose is to protect and serve the citizens of Georgia by providing an effective

and efficient department that administers a balanced correctional system, which reduces future criminal behavior.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds

$53,642,707 $2,173,887 $2,173,887 $51,468,820

State General Funds

$51,468,820

DETENTION CENTERS The purpose is to provide a sanctioning option for probationers who require more security or supervision than provided by regular community supervision or a diversion center, but may not qualify for a boot camp.

MONDAY, MARCH 14, 2005

1469

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$43,234,261 $2,032,663 $1,136,399
$896,264 $41,201,598 $41,201,598

FOOD AND FARM OPERATIONS

The purpose is to raise crops and livestock, and produce dairy items used in

preparing meals for offenders.

Total Funds

$12,618,184

Non-State Funds

$216,725

Agency Funds

$194,725

Federal Funds Not Specifically Identified

$22,000

State Funds

$12,401,459

State General Funds

$12,401,459

HEALTH

The purpose is to provide the required constitutional level of health care to the

inmates of the correctional system in the most cost effective and humane manner

possible.

Total Funds

$159,386,141

Non-State Funds

$8,464,209

Agency Funds

$8,464,209

State Funds

$150,921,932

State General Funds

$150,921,932

OFFENDER MANAGEMENT

The purpose is to provide cost effective correctional services that ensure public

safety.

Total Funds

$44,664,256

State Funds

$44,664,256

State General Funds

$44,664,256

PAROLE REVOCATION CENTERS The purpose is to provide a sanction for parole violations.
Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$3,890,765 $59,648 $49,138 $10,510
$3,831,117 $3,831,117

PRIVATE PRISONS The purpose is to provide cost effective correctional services that ensure public

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safety.
Total Funds State Funds
State General Funds

$72,518,200 $72,518,200 $72,518,200

PROBATION DIVERSION CENTERS The purpose is to provide a residential sentencing option that allows offenders to continue to work in the community while receiving close supervision from corrections officials.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$20,486,780 $3,522,657 $3,188,692
$333,965 $16,964,123 $16,964,123

PROBATION SUPERVISION The purpose is to supervise probationers.
Total Funds State Funds
State General Funds

$68,553,092 $68,553,092 $68,553,092

STATE PRISONS The purpose is to house violent or repeat criminals, or nonviolent inmates who have

exhausted all other forms of punishment.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds

$440,898,906 $10,349,398 $8,216,141 $2,133,257 $430,549,508

State General Funds

$430,549,508

TRANSITIONAL CENTERS The purpose is to provide "work release", allowing the inmate to obtain and maintain a paying job in the community while requiring him or her to conform to the structure of the center.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$20,399,810 $109,205 $109,205
$20,290,605 $20,290,605

Section 17: Defense, Department of Total Funds

$82,910,105

MONDAY, MARCH 14, 2005

1471

Non State Funds Federal Funds Not Specifically Identified Agency Funds
State Funds State General Funds
Intra-State Government Transfers

$74,557,091 $35,247,839 $2,506,756
$8,353,014 $8,353,014
$0

CIVIL SUPPORT The purpose is to provide an all volunteer force to augment Georgia's organized militia in the event of a federal force mobilization.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified

$9,016,036 $5,664,684 $5,664,684

State Funds State General Funds

$3,351,352 $3,351,352

DEPARTMENTAL ADMINISTRATION

The purpose is to provide administration to the organized militia in the State of

Georgia.

Total Funds

$2,512,602

Non-State Funds

$240,122

Agency Funds

$138,791

Federal Funds Not Specifically Identified

$101,331

State Funds

$2,272,480

State General Funds

$2,272,480

FACILITIES MANAGEMENT The purpose is to provide and maintain administrative, flight and training facilities for the Ga. Air National Guard that enhance readiness and are aesthetically pleasing within the community.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$34,103,732 $31,849,789 $2,367,965 $29,481,824
$2,253,943 $2,253,943

MILITARY READINESS The purpose is to provide a trained and ready military air force that can be activated and deployed at the direction of the President or the Governor to insure the safety and well being of all citizens.

Total Funds State Funds
State General Funds

$475,239 $475,239 $475,239

739

1472

JOURNAL OF THE SENATE

Section 18: Early Care and Learning, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds State Funds Lottery Funds State General Funds Intra-State Government Transfers Other Intra-State Agency Payments

$420,660,485 $125,688,841 $88,865,436
$20,909 $294,101,498 $290,081,308
$4,020,190 $870,146 $870,146

CHILD CARE SERVICES The purpose is to guide and assist child care learning facilities to provide safe, healthy, quality child care so that children experience optimum opportunities for learning and growth.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$4,690,097 $669,907 $669,907
$4,020,190 $4,020,190

NUTRITION

The purpose is to ensure that eligible children and adults receive USDA compliant

meals.

Total Funds

$88,000,835

Non-State Funds

$88,000,835

Federal Funds Not Specifically Identified

$88,000,835

PRE-KINDERGARTEN PROGRAM The purpose is to provide funding for providers who operate the Pre-K program.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds Lottery Funds

$290,296,911 $215,603 $20,909 $194,694
$290,081,308 $290,081,308

QUALITY INITIATIVES The purpose is to explore new ideas and help implement innovative strategies that focus on improving the quality of early education, child care, and nutrition for Georgia's children and families.

Total Funds Intra-State Government Transfers
Other Intra-State Government Payments

$870,146 $870,146 $870,146

MONDAY, MARCH 14, 2005

1473

Section 19: Economic Development, Department of Total Funds Non State Funds
Agency Funds Other Non-State Funds State Funds State General Funds Intra-State Government Transfers

$66,268,469 $36,822,740
$20,244 $0
$29,445,729 $29,445,729
$0

BUSINESS RECRUITMENT AND EXPANSION

The purpose is to provide assistance to local communities and to the state to recruit,

retain, and expand businesses in Georgia.

Total Funds

$6,783,664

State Funds

$6,783,664

State General Funds

$6,783,664

DEPARTMENTAL ADMINISTRATION The purpose is to influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state.

Total Funds State Funds
State General Funds

$6,196,707 $6,196,707 $6,196,707

FILM, MUSIC, AND VIDEO The purpose is to increase industry awareness of Georgia business opportunities, infrastructure resources, and natural resources as it pertains to the film, video, and music industry.

Total Funds

$1,012,337

State Funds State General Funds

$1,012,337 $1,012,337

INTERNATIONAL RELATIONS AND TRADE The purpose is to provide international trade opportunities through exports to provide executive leadership for international relations and promote Georgia products and companies to other nations.

Total Funds State Funds
State General Funds

$2,056,980 $2,056,980 $2,056,980

OFFICE OF SCIENCE AND TECHNOLOGY BUSINESS DEVELOPMENT

The purpose is to lead in the recruitment, growth, and marketing of the life sciences

and technology industries in Georgia.

Total Funds

$1,563,914

State Funds

$1,563,914

State General Funds

$1,563,914

740

1474

JOURNAL OF THE SENATE

SMALL AND MINORITY BUSINESS DEVELOPMENT

The purpose is to provide guidance and support to agencies in maximizing access to

state business opportunities for small and minority businesses.

Total Funds

$944,398

Non-State Funds

$20,244

Agency Funds

$20,244

State Funds

$924,154

State General Funds

$924,154

TOURISM

The purpose is to provide information to visitors about tourism opportunities

throughout the state and encourage tourism expenditures.

Total Funds

$10,907,973

State Funds

$10,907,973

State General Funds

$10,907,973

Section 20: Education, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds State General Funds Intra-State Government Transfers

$7,628,506,423 $1,194,846,108 $1,115,652,305
$42,391,307 $6,433,660,315 $6,433,660,315
$0

ACADEMIC COACH The purpose of this program is to provide certificated public school teachers who exhibit excellence in the classroom with salary supplements or bonuses in exchange for mentoring other public school teachers.

Total Funds State Funds
State General Funds

$3,399,132 $3,399,132 $3,399,132

AGRICULTURAL EDUCATION The purpose is to provide students with competencies to make them aware of the importance of the agricultural industry and develop skills to prepare them for the world of work.

Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds

$7,976,433 $576,577 $450,000 $126,577
$7,399,856 $7,399,856

MONDAY, MARCH 14, 2005

1475

CENTRAL OFFICE

The purpose is to act as a service oriented agency supporting local school districts.

Total Funds

$77,098,822

Non-State Funds

$43,359,246

Other Non-State Funds

$6,899,025

Federal Funds Not Specifically Identified

$36,460,221

State Funds

$33,739,576

State General Funds

$33,739,576

CHARTER SCHOOLS A charter school is a public school that operates according to the terms of a charter, or contract, that has been approved by a local board of education and the State

Board of Education.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds

$7,588,656 $6,729,711 $6,729,711
$858,945

State General Funds

$858,945

COMMUNITIES IN SCHOOLS The purpose is to have each local school system provide an Alternative Education Program for students who are disruptive and need to be removed from the regular classroom setting.

Total Funds State Funds
State General Funds

$1,320,623 $1,320,623 $1,320,623

CURRICULUM The purpose is to provide a world-class curriculum that will drive both instruction and assessment for Georgia's teachers and students.

Total Funds

$1,774,833

State Funds State General Funds

$1,774,833 $1,774,833

FEDERAL PROGRAMS The purpose of this program is to coordinate the development of policy, research,

and evaluation projects for the Department of Education.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified

$817,561,039 $817,561,039 $817,561,039

FOREIGN LANGUAGE The purpose of this program is to enable all students to graduate from high school fluent in one language other than English.

Total Funds

$1,590,857

741

1476

JOURNAL OF THE SENATE

State Funds State General Funds

$1,590,857 $1,590,857

GEORGIA LEARNING RESOURCES SYSTEM The purpose of this program is to provide training and resources to educators and parents of students with disabilities through a network of 17 centers around the

state.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified

$5,117,573 $5,117,573 $5,117,573

GEORGIA VIRTUAL SCHOOL The purpose of this program is to provide students enrollment in state funded courses via the Internet or in any other manner not involving on-site interaction with a teacher.

Total Funds State Funds
State General Funds

$1,385,000 $1,385,000 $1,385,000

GEORGIA YOUTH SCIENCE AND TECHNOLOGY The purpose of this program is to increase interest and enthusiasm in science and the

technologies, particularly among elementary and middle school teachers and students.

Total Funds State Funds
State General Funds

$689,203 $689,203 $689,203

GOVERNOR'S HONORS PROGRAM The purpose of this program is to provide intellectually gifted and artistically talented high school students challenging and enriching educational opportunities not usually available during the regular school year.

Total Funds State Funds
State General Funds

$1,416,743 $1,416,743 $1,416,743

INFORMATION TECHNOLOGY SERVICES The purpose is primarily responsible for the collection and reporting of accurate data through the development and maintenance of web-enabled applications.

Total Funds State Funds
State General Funds

$7,616,550 $7,616,550 $7,616,550

NATIONAL BOARD CERTIFICATION The purpose of this program is to provide a regulatory system for certifying and classifying professional employees in public schools.

MONDAY, MARCH 14, 2005

1477

Total Funds State Funds
State General Funds

$11,038,035 $11,038,035 $11,038,035

NATIONAL SCIENCE CENTER AND FOUNDATION The purpose of this program is to ignite and promote students' interest in Mathematics and Sciences, to develop new ways to use technology in teaching, and to deploy those methods in our schools.

Total Funds State Funds
State General Funds

$1,416,750 $1,416,750 $1,416,750

NON QUALITY BASIC EDUCATION FORMULA GRANTS The purpose of this program is to assure that sufficient funds are provided in order for the State's public school students to receive an effective education.

Total Funds State Funds
State General Funds

$7,688,674 $7,688,674 $7,688,674

NUTRITION The purpose is to provide leadership, training, technical assistance, and resources, so

local program personnel can deliver meals that support nutritional well-being and performance at school.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds

$224,393,314 $188,375,722 $188,375,722
$36,017,592

State General Funds

$36,017,592

PRESCHOOL HANDICAPPED The purpose of this program is to provide early intervention so students with disabilities will enter schools with the skills to succeed.

Total Funds State Funds
State General Funds

$23,962,102 $23,962,102 $23,962,102

PRINCIPAL SUPPLEMENTS The purpose of the program is to provide supplements to principals, the amount being determined by multiplying the amount per weighted full-time equivalent count by the weighted full-time equivalent count for each school.

Total Funds State Funds
State General Funds

$5,361,125 $5,361,125 $5,361,125

QUALITY BASIC EDUCATION EQUALIZATION

742

1478

JOURNAL OF THE SENATE

This program provides money to local school systems after assessing an equity

breakdown of the Local Five Mill Share Program in order to narrow the gap (per pupil) between school systems.

Total Funds State Funds
State General Funds

$371,657,510 $371,657,510 $371,657,510

QUALITY BASIC EDUCATION LOCAL FIVE MILL SHARE

The state requires an 80/20 split of school systems. The state will pay 80% of QBE

Formula funded costs and local school systems are required to pay 20%. The Local

Five Mill Share is a required local effort and is based on five mills of tax on the

equalized adjusted property tax digest.

Total Funds

($1,333,177,652)

State Funds

($1,333,177,652)

State General Funds

($1,333,177,652)

QUALITY BASIC EDUCATION PROGRAM The purpose is to provide funds to school systems for the instruction of students in grades K-12 to ensure that Georgia's K-12 students are academically prepared for further education and the workplace.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$6,674,557,256 $4,357,916 $4,357,916
$6,670,199,340 $6,670,199,340

REGIONAL EDUCATION SERVICE AGENCIES The purpose is to provide Georgia's 16 Regional Education Service Agencies with shared services to improve the effectiveness of educational programs and services to local school systems.

Total Funds State Funds
State General Funds

$11,448,822 $11,448,822 $11,448,822

SCHOOL IMPROVEMENT

The purpose is to provide federal financial incentives for schools to develop

comprehensive school reforms, based on research and effective practices.

Total Funds

$11,736,228

Non-State Funds

$100,000

Other Non-State Funds

$100,000

State Funds

$11,636,228

State General Funds

$11,636,228

SCHOOL NURSES The purpose of this program is to provide appropriate health procedures to allow

MONDAY, MARCH 14, 2005

1479

students to remain in school and increase opportunities for academic success.

Total Funds Non-State Funds
Other Non-State Funds

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

SEVERELY EMOTIONAL DISTURBED

The purpose is to provide statewide services to parents and educators of students

with disabilities.

Total Funds

$72,113,870

Non-State Funds

$7,724,112

Federal Funds Not Specifically Identified

$7,724,112

State Funds

$64,389,758

State General Funds

$64,389,758

STATE INTERAGENCY TRANSFERS The purpose is to provide health insurance to retired teachers and non certified personnel and to pass through funding via a contract.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$270,480,390 $18,888,697 $18,888,697 $251,591,693 $251,591,693

STATE READING AND MATH The purpose of the statewide K-3 Reading and Math Program is to provide schools with funds to implement a research-based reading and/or math program.

Total Funds State Funds
State General Funds

$26,652,770 $26,652,770 $26,652,770

STATE SCHOOLS The purpose is to address the special needs of students who are blind, deaf and blind or deaf with additional disabilities.

Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds

$19,764,568 $932,715 $932,715
$18,831,853 $18,831,853

TECHNOLOGY/CAREER EDUCATION The purpose is to equip students with academic, technical and leadership skills.

Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified

$40,647,947 $24,616,113
$4,009,567 $20,606,546

743

1480

JOURNAL OF THE SENATE

State Funds State General Funds

$16,031,834 $16,031,834

TESTING

The purpose is to adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$27,414,020 $9,704,191 $9,704,191 $17,709,829 $17,709,829

TRANSPORTATION The purpose is to provide funds to school systems for the instruction of students in grades K-12 to ensure that Georgia's students are academically prepared.

Total Funds State Funds
State General Funds

$158,353,875 $158,353,875 $158,353,875

TUITION FOR MULTI-HANDICAPPED The purpose of this program is to provide funds to assist school systems that have multi-handicapped students. These funds are intended to assist systems in meeting the high cost of private residential placements and to provide a continuum of placements for such students as mandated by federal regulations.

Total Funds State Funds
State General Funds

$1,658,859 $1,658,859 $1,658,859

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 21: Employees' Retirement System of Georgia Total Funds Non State Funds
Other Non-State Funds State Funds
State General Funds Intra-State Government Transfers
Retirement Payments

$57,600,224 $37,031,245
$228,749 $3,711,997 $3,711,997 $16,856,982 $16,856,982

GEORGIA MILITARY PENSION FUND The purpose is to provide retirement allowances and other benefits for members of the Georgia National Guard.

MONDAY, MARCH 14, 2005

1481

Total Funds State Funds
State General Funds

$890,651 $890,651 $890,651

PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM The purpose is to account for the receipt of retirement contributions, to ensure sound investing of system funds, and timely and accurate payment of retirement benefits.

Total Funds State Funds
State General Funds

$2,821,346 $2,821,346 $2,821,346

SYSTEM ADMINISTRATION The purpose is to collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries.

Total Funds Non-State Funds
Other Non-State Funds Intra-State Government Transfers
Retirement Payments

$17,085,731 $228,749 $228,749
$16,856,982 $16,856,982

Section 22: Forestry Commission, State Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers

$74,975,238 $43,071,340
$825,587 $5,443,257 $31,903,898 $31,903,898
$0

COMMISSION ADMINISTRATION The purpose is to administer work force needs, handle purchasing, accounts receivable and payable, meet information technology needs, and provide oversight that emphasizes customer values and process innovation.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$3,941,977 $171,742 $168,155 $3,587
$3,770,235 $3,770,235

FOREST MANAGEMENT The purpose is to survey 20% of permanently established forest survey plots annually to gather forest health and inventory data.

Total Funds

$3,804,212

744

1482

JOURNAL OF THE SENATE

Non-State Funds Agency Funds Federal Funds Not Specifically Identified
State Funds State General Funds

$1,179,500 $627,500 $552,000
$2,624,712 $2,624,712

FOREST PROTECTION The purpose is to protect the public and forest resources.
Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$28,451,721 $2,876,611 $2,676,611
$200,000 $25,575,110 $25,575,110

TREE IMPROVEMENT

The purpose is to provide quality, forest tree planting stock to Georgia landowners

at reasonable prices without reliance on legislative appropriations.

Total Funds

$119,123

State Funds

$119,123

State General Funds

$119,123

TREE SEEDLING NURSERY

The purpose is to provide quality, forest tree planting stock to Georgia landowners

at reasonable prices without reliance on legislative appropriations.

Total Funds

$1,855,709

Non-State Funds

$2,040,991

Agency Funds

$1,970,991

Federal Funds Not Specifically Identified

$70,000

State Funds

($185,282)

State General Funds

($185,282)

Section 23: Governor, Office of the Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds State Funds Tobacco Funds State General Funds Intra-State Government Transfers

$94,358,103 $43,352,935
$5,549,050 $890,545 $110,844
$51,005,168 $10,482,554 $40,522,614
$0

ARTS, GEORGIA COUNCIL FOR THE The purpose is to provide general operation support and project support grants for

MONDAY, MARCH 14, 2005

1483

art organizations.
Total Funds Non-State Funds
Agency Funds Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds

$4,625,609 $725,369 $15,000 $60,844 $649,525
$3,900,240 $3,900,240

CHILD ADVOCATE, OFFICE OF THE The purpose is to provide independent oversight of persons, organizations, and agencies.

Total Funds State Funds
State General Funds

$715,545 $715,545 $715,545

CONSUMER AFFAIRS, GOVERNOR'S OFFICE OF The Office of Consumer Affairs protects consumers and legitimate business enterprises from unfair and deceptive business practices through the enforcement of the Fair Business Practices Act and other related consumer protection statutes.

Total Funds Non-State Funds
Agency Funds Other Non-State Funds State Funds State General Funds

$3,901,192 $617,689 $567,689 $50,000
$3,283,503 $3,283,503

EMERGENCY MANAGEMENT AGENCY, GEORGIA The purpose is to provide a comprehensive and aggressive emergency preparedness,

response, and recovery program for the citizens of Georgia in order to save lives, protect property, and reduce the effects of disasters.

Total Funds Non-State Funds
Agency Funds

$6,421,874 $4,434,503
$307,856

Federal Funds Not Specifically Identified

$4,126,647

State Funds

$1,987,371

State General Funds

$1,987,371

EQUAL OPPORTUNITY, GEORGIA COMMISSION ON

The purpose is to enforce the Georgia Fair Employment Practices Act of 1978, as

amended, and the Fair Housing Act which makes it unlawful for discrimination

against any individual.

Total Funds

$1,082,203

Non-State Funds

$387,217

745

1484

JOURNAL OF THE SENATE

Federal Funds Not Specifically Identified State Funds
State General Funds

$387,217 $694,986 $694,986

GOVERNOR'S EMERGENCY FUND The purpose is to provide emergency funds to draw on when disasters create

extraordinary demands on government.

Total Funds State Funds
State General Funds

$3,469,576 $3,469,576 $3,469,576

GOVERNOR'S OFFICE The purpose is to provide numerous duties including, but not limited to: granting commissions, appointments and vacancies, maintaining order, and temporary transfer of institutions between departments or agencies.

Total Funds State Funds
State General Funds

$5,051,382 $5,051,382 $5,051,382

OFFICE OF HOMELAND SECURITY Per Executive Order, the purpose is to lead and direct the preparation, employment and management of state resources to safeguard Georgia and its citizens against threats or acts of terrorism and natural disasters.

Total Funds

$667,149

State Funds

$667,149

State General Funds

$667,149

OFFICE OF THE STATE INSPECTOR GENERAL Per Executive Order, the purpose is to foster and promote accountability and integrity in state government by fraud, waste and abuse.

Total Funds State Funds
State General Funds

$790,763 $790,763 $790,763

PAYMENTS TO THE GEORGIA CANCER COALITION This program functions as a pass through program for the monies awarded to the state from the Tobacco Settlement and are provided to the Cancer Coalition for ongoing research and preventative measures.

Total Funds State Funds
Tobacco Funds

$10,482,554 $10,482,554 $10,482,554

PLANNING AND BUDGET - ATTACHED AGENCY ADMINISTRATION The purpose is to provide administration services to various agencies.

Total Funds

$5,758,785

MONDAY, MARCH 14, 2005

1485

State Funds State General Funds

$5,758,785 $5,758,785

PLANNING AND BUDGET - BUDGET MANAGEMENT AND FISCAL POLICY

The purpose is to supply budgeting, policy management and revenue forecasting for the Office of the Governor.

Total Funds State Funds
State General Funds

$2,331,824 $2,331,824 $2,331,824

PLANNING AND BUDGET - OFFICE ADMINISTRATION The purpose is to provide the governor with policymaking assistance in determining strategic and tactical plans for state agencies.

Total Funds State Funds
State General Funds

$1,512,779 $1,512,779 $1,512,779

PLANNING AND BUDGET - PLANNING AND EVALUATION

The purpose is to provide capital budget planning and review and to provide

strategic and business planning services to the Office of the Governor.

Total Funds

$899,456

State Funds

$899,456

State General Funds

$899,456

PLANNING AND BUDGET - RESEARCH AND MANAGEMENT The purpose is to provide policy and program research for the Office of the Governor and to manage state Clearinghouse function and provide the Office of Planning and Budget database and technical support.

Total Funds State Funds
State General Funds

$1,749,029 $1,749,029 $1,749,029

PROFESSIONAL STANDARDS COMMISSION, GEORGIA The purpose is to direct the preparation, certification, professional discipline and recruitment of educators in Georgia.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$6,693,632 $118,320 $118,320
$6,575,312 $6,575,312

STUDENT ACHIEVEMENT, OFFICE OF The purpose is to improve student achievement and school completion in Georgia.

746

1486

JOURNAL OF THE SENATE

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$1,402,255 $267,341 $267,341
$1,134,914 $1,134,914

It is the intent of the General Assembly that of funds appropriated for the Governor's Emergency Fund, $9,700,000 is intended for relief in declared disasters.

Section 24: Human Resources, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds Temporary Assistance for Needy Families Block Social Services Block Grant Child Care and Development Block Grant Foster Care Title IV-E Maternal/Child Health Services Block Grant Preventive Health/Health Services Block Block Grants for Community Mental Hlth Svc Block Grants for Prev/Trtmt of Substance Abuse Community Services Block Grant Low-Income Home Energy Assistance TANF - Block Grant Unobligated Balance TANF - Transfers to Social Services Block Grant TANF - Transfers to Child Care Development Fund State Funds Tobacco Funds Other State Funds State General Funds Intra-State Government Transfers Indirect DOAS Funds

$2,765,048,128 $1,395,835,989
$516,897,391 $178,072,631
$20,122,530 $301,522,471
$50,183,224 $74,026,303 $66,740,935 $17,348,033
$4,203,960 $12,840,422 $50,960,438 $17,185,183 $18,929,972 $30,000,000 $36,802,496 $29,700,000 $1,369,212,139 $35,033,479
$3,003,900 $1,331,174,760
$0 $0

ADOLESCENT HEALTH AND YOUTH DEVELOPMENT The purpose is to prevent teenage pregnancy and out-of-wedlock births and promote male responsibility.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified Temporary Assistance for Needy Families Block Grant Maternal and Child Health Services Block Grant State Funds

$22,742,301 $19,800,711
$18,869 $18,738,374 $1,043,468 $2,941,590

MONDAY, MARCH 14, 2005

1487

State General Funds

$2,941,590

ADOPTION SERVICES AND SUPPLEMENTS The purpose is to support and facilitate the permanent placement of children in safe and stable homes by providing financial assistance and supportive services.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified Temporary Assistance for Needy Families Block Grant Foster Care Title IV-E State Funds State General Funds

$53,938,718 $26,121,145
$561,732 $1,629
$4,300,000 $21,257,784 $27,817,573 $27,817,573

ADULT PROTECTIVE SERVICES The purpose is to protect disabled adults and elder persons who are not residents of long term care facilities from situations of domestic abuse, neglect and exploitation.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified Temporary Assistance for Needy Families Block Grant Transfers to Social Services Block Grant

$17,093,363 $8,931,023 $6,431,023 $2,500,000

State Funds State General Funds

$8,162,340 $8,162,340

BRAIN AND SPINAL INJURY TRUST FUND The purpose is to provide disbursements from the Trust Fund to offset the costs of care and rehabilitative services to citizens of the state who have survived brain or spinal cord injuries.

Total Funds State Funds
Other State Funds

$3,000,000 $3,000,000 $3,000,000

CANCER SCREENING AND PREVENTION

The purpose is to reduce the morbidity and mortality from breast or cervical cancer.

Total Funds

$6,003,208

State Funds

$6,003,208

Tobacco Funds

$2,473,740

State General Funds

$3,529,468

CHILD CARE AND PARENT SERVICES The purpose is to permit low income families to be self-reliant while protecting the safety and well-being of their children by ensuring access to child care.

Total Funds

$243,321,700

747

1488

JOURNAL OF THE SENATE

Non-State Funds Agency Funds Federal Funds Not Specifically Identified Temporary Assistance for Needy Families Block Grant Child Care and Development Block Grant Temporary Assistance for Needy Families Block Grant
Transfers to Child Care Development Fund
State Funds State General Funds

$181,706,279 $832,728
$32,577,590 $44,569,658 $74,026,303 $29,700,000
$61,615,421 $61,615,421

CHILD FATALITY REVIEW PANEL The purpose is to provide a confidential forum for local child fatality review committees to determine manner and cause of death and if the death was preventable.

Total Funds State Funds
State General Funds

$332,125 $332,125 $332,125

CHILD PROTECTIVE SERVICES The purpose of this statewide program investigates allegations of child abuse and neglect; and provides services to protect the child and strengthen the family.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified Foster Care Title IV-E Temporary Assistance for Needy Families Block Grant Transfers to Social Services Block Grant
State Funds Tobacco Funds State General Funds

$172,568,784 $110,883,613
$13,490,604 $66,261,128 $13,431,881 $17,700,000
$61,685,171 $2,069,048 $59,616,123

CHILD SUPPORT ESTABLISHMENT COLLECTION AND ENFORCEMENT

The purpose is to enforce parental responsibility by paying financial support.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$67,664,984 $52,179,690 $9,060,828 $43,118,862 $15,485,294 $15,485,294

CHILDREN WITH SPECIAL NEEDS The purpose is to promote the optimal functioning of infants and toddlers with

MONDAY, MARCH 14, 2005

1489

developmental delays or disabilities.
Total Funds Non-State Funds
Federal Funds Not Specifically Identified Maternal and Child Health Services Block Grant Preventive Health and Health Services Block Grant State Funds State General Funds

$31,303,458 $10,071,421 $2,725,216 $7,292,025
$54,180 $21,232,037 $21,232,037

CHILDREN'S TRUST FUND COMMISSION The purpose is to support the establishment of community-based educational and service programs designed to reduce the occurrence of child abuse and neglect.

Total Funds State Funds
Tobacco Funds State General Funds

$6,930,886 $6,930,886 $1,272,170 $5,658,716

CHRONIC DISEASE REDUCTION - HEALTH PROMOTION The purpose is to provide education and health promotion related to chronic diseases.

Total Funds State Funds
Tobacco Funds State General Funds

$1,691,704 $1,691,704 $1,340,644
$351,060

CHRONIC DISEASE TREATMENT AND CONTROL

The purpose is to reduce the morbidity and mortality of cancer among low-income

uninsured or underinsured Georgians.

Total Funds

$9,319,006

Non-State Funds

$1,210,877

Preventive Health and Health Services Block Grant

$1,210,877

State Funds

$8,108,129

Tobacco Funds

$3,547,455

State General Funds

$4,560,674

COMMUNITY CARE SERVICES PROGRAM The purpose is to provide Georgians who need nursing home level of care the option of remaining in their own communities.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
Tobacco Funds

$60,352,502 $9,894,202 $9,894,202 $50,458,300 $4,191,806

State General Funds

$46,266,494

748

1490

JOURNAL OF THE SENATE

COMMUNITY SERVICES - ADULT The purpose is to promote improved functioning, living independently in the community as well as avoiding hospitalization from alcohol and other substance abuse.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified Temporary Assistance for Needy Families Block Grant Social Services Block Grant Community Mental Health Services Block Grant Prevention and Treatment of Substance Abuse Block Grant Temporary Assistance for Needy Families Block Grant Transfers to Social Services Block Grant

$403,483,003 $94,523,502 $11,736,899 $26,016,392 $17,179,024
$5,273,256 $26,315,435
$8,002,496

State Funds Tobacco Funds State General Funds

$308,959,501 $10,255,138 $298,704,363

COMMUNITY SERVICES - CHILD AND ADOLESCENT The purpose is to assist adolescents with addictive diseases in eliminating use or abuse of chemicals, and also provide those with developmental disabilities or mental health issues the services to allow them to live in the community.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified Social Services Block Grant Community Mental Health Services Block Grant Prevention and Treatment of Substance Abuse Block Grant State Funds State General Funds

$111,561,866 $34,062,622
$2 $3,099,615 $8,942,927 $7,567,166 $14,452,912 $77,499,244 $77,499,244

CONTRACTED CLIENT TRANSPORTATION SERVICES The purpose is to provide essential transportation services in a safe efficient, responsive manner.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified Temporary Assistance for Needy Families Block Grant State Funds State General Funds

$19,382,843 $15,211,456 $6,744,243
$8,467,213 $4,171,387 $4,171,387

COUNCIL ON AGING The purpose is to assist older individuals, at-risk adults, persons with disabilities, their families and caregivers in achieving safe, healthy, independent and self-reliant

MONDAY, MARCH 14, 2005

1491

lives.
Total Funds State Funds
State General Funds

$148,879 $148,879 $148,879

DEPARTMENTAL ADMINISTRATION The purpose is to provide administration and support for the Divisions and Operating Office.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified Temporary Assistance for Needy Families Block Grant Social Services Block Grant Preventive Health and Health Services Block Grant Low-Income Home Energy Assistance State Funds Tobacco Funds Other State Funds State General Funds

$170,728,425 $85,717,474 $5,872,044 $67,918,362
$9,603,339 $1,946,102
$31,070 $346,557 $85,010,951 $582,713
$3,900 $84,424,338

DEVELOPMENTAL DISABILITIES, GOVERNOR'S COUNCIL ON The purpose is to promote quality services and support for people with developmental disabilities and their families.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$2,276,986 $2,248,221 $2,248,221
$28,765 $28,765

ELDER ABUSE AND FRAUD PREVENTION The purpose is to heighten awareness of abuse of older individuals in community settings and to provide or facilitate access to programs and services for victims.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$100,133 $95,389 $95,389 $4,744 $4,744

EMERGENCY PREPAREDNESS/BIOTERRORISM

The purpose is to prevent, detect, investigate, and respond to bioterrorism, terrorism,

and other public health emergencies.

Total Funds

$2,566,602

State Funds

$2,566,602

749

1492

JOURNAL OF THE SENATE

State General Funds

$2,566,602

ENERGY ASSISTANCE The purpose is to assist low-income households in meeting their immediate home energy needs.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified Low-Income Home Energy Assistance State Funds State General Funds

$19,367,504 $18,623,962
$40,269 $278
$18,583,415 $743,542 $743,542

EPIDEMIOLOGY The purpose is to monitor, investigate, and describe the burden of disease, injury, and other events of public health concern in Georgia.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified Preventive Health and Health Services Block Grant State Funds Tobacco Funds State General Funds

$5,065,009 $368,885 $172,135 $196,750
$4,696,124 $115,637
$4,580,487

FAMILY CONNECTION

The purpose is to provide a statewide network of county collaboratives that work to

improve conditions for children and families.

Total Funds

$10,605,141

Non-State Funds

$1,475,000

Federal Funds Not Specifically Identified

$275,000

Temporary Assistance for Needy Families Block Grant

$1,200,000

State Funds

$9,130,141

State General Funds

$9,130,141

FAMILY VIOLENCE SERVICES The purpose is to provide safe shelter and related services for victims of family violence and their dependents.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified Temporary Assistance for Needy Families Block Grant Foster Care Title IV-E State Funds

$8,248,260 $3,849,398
$3,617 $90
$3,565,244 $280,447
$4,398,862

State General Funds

$4,398,862

MONDAY, MARCH 14, 2005

1493

FOOD STAMP PROGRAM

The purpose is to promote the nutritional well being of Georgia's low-income

families and children.

Total Funds

$53,016,507

Non-State Funds

$29,685,970

Agency Funds

$2,125,153

Federal Funds Not Specifically Identified

$25,655,876

Foster Care Title IV-E

$1,904,941

State Funds

$23,330,537

State General Funds

$23,330,537

HEALTH PROMOTION AND DISEASE PREVENTION (WELLNESS)

The purpose is to improve or maintain the functional ability and health status of

elderly Georgians.

Total Funds

$480,015

Non-State Funds

$480,015

Federal Funds Not Specifically Identified

$480,015

HIGH RISK PREGNANT WOMEN AND INFANTS The purpose is to ensure that low income pregnant women receive comprehensive, quality, prenatal services as early as possible in their pregnancy.

Total Funds Non-State Funds
Maternal and Child Health Services Block Grant State Funds
State General Funds

$5,130,049 $130,000 $130,000
$5,000,049 $5,000,049

HIV/AIDS The purpose is to provide treatment that addresses the unmet needs of Georgians with HIV disease.

Total Funds

$24,864,002

Non-State Funds Federal Funds Not Specifically Identified Maternal and Child Health Services Block Grant
State Funds Tobacco Funds State General Funds

$6,874,596 $6,790,730
$83,866 $17,989,406 $1,226,667 $16,762,739

HOME AND COMMUNITY BASED SERVICES

The purpose is to support and assist older Georgians so that they may live in their

homes and communities.

Total Funds

$57,038,522

Non-State Funds

$33,581,082

Federal Funds Not Specifically Identified

$25,290,676

750

1494

JOURNAL OF THE SENATE

Social Services Block Grant Temporary Assistance for Needy Families Block Grant Transfers to Social Services Block Grant
State Funds Tobacco Funds State General Funds

$3,290,406 $5,000,000
$23,457,440 $3,808,586 $19,648,854

IMMUNIZATION The purpose is to provide immunization, consultation, training, assessment, vaccines and technical assistance.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified Maternal and Child Health Services Block Grant Preventive Health and Health Services Block Grant State Funds State General Funds

$17,775,784 $8,765,344 $1,298,886 $6,762,746
$703,712 $9,010,440 $9,010,440

INDEPENDENT AND TRANSITIONAL LIVING SERVICES

The purpose is to provide a systematic approach for transitioning eligible youth in

foster care.

Total Funds

$4,444,153

Non-State Funds

$3,835,494

Agency Funds

$160,495

Federal Funds Not Specifically Identified

$1,593,618

Foster Care Title IV-E

$2,081,381

State Funds

$608,659

State General Funds

$608,659

INFANT AND CHILD HEALTH SERVICES The purpose is to provide leadership and resources to communities to improve the health and well being of infants and children and their families.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified Maternal and Child Health Services Block Grant Preventive Health and Health Services Block Grant State Funds Tobacco Funds State General Funds

$22,434,352 $7,374,791
$70,688 $5,564,019 $1,370,688
$369,396 $15,059,561 $2,000,000 $13,059,561

INJURY PREVENTION The purpose is to reduce injury-related morbidity and mortality through building injury surveillance systems to guide data-based decision making and strategic

MONDAY, MARCH 14, 2005

1495

planning, building coalitions.
Total Funds Non-State Funds
Federal Funds Not Specifically Identified Preventive Health and Health Services Block Grant State Funds State General Funds

$289,491 $119,736
$7,731 $112,005 $169,755 $169,755

LABORATORY SERVICES The purpose is to provide clinical and environmental testing necessary for public health programs, to assist in controlling infectious diseases and to identify conditions such as metabolic diseases and disorders.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$10,867,563 $696,104 $150,000 $546,104
$10,171,459 $10,171,459

MEDICAID ELIGIBILITY DETERMINATION The purpose is to promote access to health care for low income families, children, and pregnant women.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$47,495,730 $23,201,326 $1,709,341 $21,491,985 $24,294,404 $24,294,404

OUT OF HOME CARE The purpose is to provide safe and appropriate temporary substitute homes for children.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified Temporary Assistance for Needy Families Block Grant Social Services Block Grant Foster Care Title IV-E Temporary Assistance for Needy Families Block Grant Transfers to Social Services Block Grant

$307,344,962 $158,543,385
$32,925,589 $38,047,467 $49,292,799 $11,021,888 $23,655,642
$3,600,000

State Funds State General Funds

$148,801,577 $148,801,577

751

1496

JOURNAL OF THE SENATE

OUTDOOR THERAPEUTIC PROGRAM

The purpose is to promote positive changes in consumer's behavior in therapeutic

wilderness settings.

Total Funds

$4,234,911

Non-State Funds

$944,130

Agency Funds

$937,587

Federal Funds Not Specifically Identified

$6,543

State Funds

$3,290,781

State General Funds

$3,290,781

POST ADOPTION SERVICES The purpose is for clarification of adoption policies, procedures, and provide

support services to adopting families.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified Foster Care Title IV-E

$2,821,159 $941,145 $741 $940,404

State Funds

$1,880,014

State General Funds

$1,880,014

PRE-ADOPTION SERVICES The purpose is to provide services that ensure the safe and appropriate placement of adoptable children.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified Foster Care Title IV-E State Funds State General Funds

$5,391,635 $1,872,791
$435 $1,872,356 $3,518,844 $3,518,844

REFUGEE HEALTH PROGRAM The purpose is to provide interpretation, outreach, information, and referrals for refugees who need health care.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$3,772,503 $118,018 $118,018
$3,654,485 $3,654,485

REFUGEE RESETTLEMENT The purpose is to help refugees establish a new life that is founded on the dignity of economic self-support.

Total Funds

$3,690,231

Non-State Funds

$3,183,890

MONDAY, MARCH 14, 2005

1497

Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$80,538 $3,103,352
$506,341 $506,341

REGULATORY COMPLIANCE The purpose is to protect children receiving care outside of their own homes in child-caring institutions, outdoor therapeutic programs, and child-placing agencies through licensing activities and regular inspections.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified Maternal and Child Health Services Block Grant Preventive Health and Health Services Block Grant State Funds State General Funds

$31,097,331 $8,736,600
$515,075 $6,542,546
$194,703 $1,484,276 $22,360,731 $22,360,731

SEXUALLY TRANSMITTED DISEASES TREATMENT AND CONTROL The purpose is to prevent and reduce the spread of sexually transmitted diseases through education, case reporting, health screening, partner notification, and treatment.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$6,755,849 $2,291,662 $2,291,662 $4,464,187 $4,464,187

STATE HOSPITAL FACILITIES The purpose is to provide adult mental health services treatment, secure services, forensic inpatient, and outpatient services.

Total Funds Non-State Funds
Agency Funds Other Non-State Funds Federal Funds Not Specifically Identified Prevention and Treatment of Substance Abuse Block Grant State Funds State General Funds

$72,522,439 $8,614,793 $2,888,413
$47,283 $5,679,094
$3 $63,907,646 $63,907,646

STATE HOSPITAL FACILITIES - DIRECT CARE AND SUPPORT

SERVICES

The purpose is to provide support and administration to state hospital facilities.

Total Funds

$148,005,850

752

1498

JOURNAL OF THE SENATE

Non-State Funds Agency Funds Federal Funds Not Specifically Identified
State Funds State General Funds

$53,557,052 $49,057,399 $4,499,653 $94,448,798 $94,448,798

STATE HOSPITAL FACILITIES - OTHER CARE

The purpose is to provide inpatient psychiatric evaluation and treatment with an

emphasis on stabilization and planning.

Total Funds

$94,044,168

Non-State Funds

$53,444,894

Agency Funds

$53,257,253

Other Non-State Funds

$75,247

Federal Funds Not Specifically Identified

$112,394

State Funds

$40,599,274

State General Funds

$40,599,274

STATE HOSPITAL FACILITIES - SPECIALTY CARE The purpose is to provide education and health promotion related to intentional and

unintentional injuries.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified

$3,050,696 $1,557,952 $1,547,240
$10,712

State Funds

$1,492,744

State General Funds

$1,492,744

SUBSTANCE ABUSE PREVENTION The purpose is to promote the health and well-being of families and communities through preventing the use and/or abuse of substances.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified Temporary Assistance for Needy Families Block Grant Prevention and Treatment of Substance Abuse Block Grant State Funds State General Funds

$12,174,338 $11,510,423
$2 $318,333 $1,000,000 $10,192,088 $663,915 $663,915

SUPPORT FOR NEEDY FAMILIES - ADMINISTRATION AND FAMILY ASSISTANCE

The purpose is to supply block grants for temporary assistance for needy families.

Total Funds Non-State Funds

$66,378,126 $49,630,534

MONDAY, MARCH 14, 2005

1499

Agency Funds Federal Funds Not Specifically Identified Social Services Block Grant Foster Care Title IV-E Community Services Block Grant State Funds State General Funds

$2,786,034 $20,540,341
$7,802,877 $1,316,099 $17,185,183 $16,747,592 $16,747,592

SUPPORT FOR NEEDY FAMILIES - BASIC ASSISTANCE

The purpose is to supply block grants for temporary assistance for needy families.

Total Funds

$133,310,929

Non-State Funds

$128,910,929

Other Non-State Funds

$20,000,000

Temporary Assistance for Needy Families Block Grant

$78,910,929

Temporary Assistance for Needy Families Block Grant

$30,000,000

Unobligated Balance

State Funds

$4,400,000

State General Funds

$4,400,000

SUPPORT FOR NEEDY FAMILIES - WORK ASSISTANCE The purpose is to supply block grants for temporary assistance for needy families.

Total Funds Non-State Funds
Temporary Assistance for Needy Families Block Grant State Funds
State General Funds

$80,000,000 $44,000,000 $44,000,000 $36,000,000 $36,000,000

TOBACCO USE PREVENTION The purpose is to reduce the number of youth and adults who smoke, reduce exposure to secondhand smoke, and decrease the occurrence of tobacco-related illness through prevention initiatives.

Total Funds State Funds

$2,211,034 $2,211,034

Tobacco Funds

$2,149,875

State General Funds

$61,159

TUBERCULOSIS TREATMENT AND CONTROL The purpose of the Georgia Tuberculosis Program is to control transmission, prevent illness and ensure treatment of disease due to tuberculosis.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$9,003,365 $1,609,341 $1,609,341 $7,394,024 $7,394,024

753

1500

JOURNAL OF THE SENATE

VITAL RECORDS The purpose of this program is to register, code, enter, and archive all vital records and associated documents (birth, death, fetal death, induced termination of pregnancy, marriage).

Total Funds Non-State Funds
Federal Funds Not Specifically Identified

$2,344,947 $286,246 $286,246

State Funds State General Funds

$2,058,701 $2,058,701

WOMEN, INFANTS AND CHILDREN The purpose is an adjunct to prenatal and postpartum care during critical periods of growth.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified

$84,973,090 $84,973,090 $84,973,090

WOMEN'S HEALTH SERVICES The purpose is to reduce unintended pregnancies and improve the health of women, the partners, and infants.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified Temporary Assistance for Needy Families Block Grant Maternal and Child Health Services Block Grant Preventive Health and Health Services Block Grant State Funds State General Funds

$27,987,007 $19,089,786 $6,719,032 $11,858,523
$470,537 $41,694
$8,897,221 $8,897,221

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. All Temporary Assistance for Needy Families benefit payments are calculated 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:

For an assistance group of one, the standards of need is $235, and the maximum monthly amount is $155. For an assistance group of two, the standards of need is $356, and the maximum monthly amount is $235. For an assistance group of three, the standards of need is $424, and the maximum monthly amount is $280. For an assistance group of four, the standards of need is $500, and the maximum monthly amount is $330. For an assistance group of five, the standards of need is $573, and the maximum monthly amount is $378. For an assistance group of six, the standards of need is $621, and the

MONDAY, MARCH 14, 2005

1501

maximum monthly amount is $410. For an assistance group of seven, the standards of need is $672, and the maximum monthly amount is $444. For an assistance group of eight, the standards of need is $713, and the Maximum monthly amount is $470. For an assistance group of nine, the standards of need is $751, and the maximum monthly amount is $496. For an assistance group of ten, the standards of need is $804, and the maximum monthly amount is $530.For an assistance group of eleven, the standards of need is $860, and the maximum monthly amount is $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.

The Office of Planning and Budget is hereby authorized to transfer funds to the appropriate departmental programs in amounts equal to the departmental remittances to the Office of Treasury and Fiscal Services from agency fund collections.

Section 25: Insurance, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers

$54,741,082 $37,844,113
$959,672 $81,945
$16,896,969 $16,896,969
$0

DEPARTMENTAL ADMINISTRATION The purpose is to be responsible for protecting the rights of Georgia citizens in insurance and industrial loan transactions and maintain a fire safe environment.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$2,248,721 $5,117 $5,117
$2,243,604 $2,243,604

ENFORCEMENT The purpose is to provide legal advice and to initiate legal proceedings with regard to enforcement of specific provisions of state law relating to insurance, industrial

loan, fire safety and fraud.

Total Funds State Funds
State General Funds

$756,803 $756,803 $756,803

754

1502

JOURNAL OF THE SENATE

FIRE SAFETY

The purpose is to create a fire safe environment in the state that protects the public

from fire and limits the loss of life and property.

Total Funds

$5,976,416

Non-State Funds

$1,036,500

Agency Funds

$81,945

Federal Funds Not Specifically Identified

$954,555

State Funds

$4,939,916

State General Funds

$4,939,916

INDUSTRIAL LOAN The purpose is to protect consumers by licensing, regulating and examining finance companies that provide consumer loans of $3,000 or less.

Total Funds

$678,148

State Funds State General Funds

$678,148 $678,148

INSURANCE REGULATION The purpose is to ensure that licensed insurance entities maintain solvency, comply with state law and adopt rules, regulations, and standards.

Total Funds

$5,476,988

State Funds State General Funds

$5,476,988 $5,476,988

SPECIAL FRAUD The purpose is to identify and take appropriate action to deter insurance fraud.

Total Funds State Funds
State General Funds

$2,801,510 $2,801,510 $2,801,510

Section 26: Investigation, Georgia Bureau of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers

$132,153,127 $70,304,578 $28,830,644
$4,671,438 $61,848,549 $61,848,549
$0

BUREAU ADMINISTRATION The purpose is to provide the highest quality investigative, scientific, information services, and resources for the purpose of maintaining law and order and protecting life and property.

Total Funds

$9,807,308

MONDAY, MARCH 14, 2005

1503

Non-State Funds Federal Funds Not Specifically Identified
State Funds State General Funds

$5,015 $5,015 $9,802,293 $9,802,293

CENTRALIZED SCIENTIFIC SERVICES The purpose is to provide analysis of illicit and licit drugs, unknown substances, and

fire debris evidence.

Total Funds State Funds
State General Funds

$12,460,701 $12,460,701 $12,460,701

CRIMINAL JUSTICE COORDINATING COUNCIL The purpose is to improve and coordinate criminal justice efforts throughout Georgia and to help create safe and secure communities.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$33,815,696 $33,497,067 $4,671,438 $28,825,629
$318,629 $318,629

CRIMINAL JUSTICE INFORMATION SERVICES

The purpose is to provide fingerprint identification and processing of criminal

history source documents to create and update criminal history records.

Total Funds

$8,722,470

State Funds

$8,722,470

State General Funds

$8,722,470

GEORGIA INFORMATION SHARING AND ANALYSIS CENTER The purpose is to assist all officials and agencies of the criminal justice system in the fulfillment of their varied responsibilities on a statewide basis by providing round-the-clock access to needed information.

Total Funds State Funds
State General Funds

$775,258 $775,258 $775,258

REGIONAL FORENSIC SERVICES The purpose is to provide pathology services to determine cause and manner of death.

Total Funds State Funds
State General Funds

$7,040,106 $7,040,106 $7,040,106

755

1504

JOURNAL OF THE SENATE

REGIONAL INVESTIGATIVE SERVICES

The purpose is to identify, collect, preserve, and process evidence located during

crime scene examinations.

Total Funds

$19,789,518

State Funds

$19,789,518

State General Funds

$19,789,518

SPECIAL OPERATIONS UNIT

Personnel respond on a statewide basis in order to render safe explosive devices of

all types. Members of the unit also assist in the identification, arrest and

prosecution of individuals.

Total Funds

$673,951

State Funds

$673,951

State General Funds

$673,951

STATE HEALTHCARE FRAUD UNIT The purpose is to identify, arrest and prosecute providers of health care services who defraud the Medicaid Program.

Total Funds State Funds
State General Funds

$1,092,276 $1,092,276 $1,092,276

TASK FORCES The purpose is to provide the GBI supervisory support to 12 federally funded multijurisdictional drug task forces.

Total Funds State Funds
State General Funds

$1,173,347 $1,173,347 $1,173,347

Section 27: Juvenile Justice, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds State Funds State General Funds Intra-State Government Transfers Governor's Emergency Funds Indirect DOAS Funds

$341,376,599 $57,743,523
$2,570,056 $18,370,971
$0 $283,633,076 $283,633,076
$0 $0 $0

CHILDREN AND YOUTH COORDINATING COUNCIL The purpose is to assist local communities in preventing and reducing juvenile delinquency.

MONDAY, MARCH 14, 2005

1505

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$3,059,658 $1,738,000 $1,738,000 $1,321,658 $1,321,658

COMMUNITY SUPERVISION

The purpose is to protect the public, hold youth accountable for their actions, and

assist youth in becoming law-abiding citizens.

Total Funds

$41,050,899

Non-State Funds

$4,347,003

Agency Funds

$4,347,003

State Funds

$36,703,896

State General Funds

$36,703,896

DEPARTMENTAL ADMINISTRATION The purpose is to protect and serve the citizens of Georgia by holding youthful offenders accountable for their actions through the delivery of effective services in

appropriate settings.

Total Funds Non-State Funds
Agency Funds State Funds

$25,488,092 $198,219 $198,219
$25,289,873

State General Funds

$25,289,873

NON-SECURE COMMITMENT The purpose is to protect the public, hold youth accountable for their actions and assist youth in becoming law-abiding citizens by providing non-hardware secure community-based residential placement or services for committed youth.

Total Funds Non-State Funds
Agency Funds State Funds
State General Funds

$48,596,263 $10,002,619 $10,002,619 $38,593,644 $38,593,644

NON-SECURE DETENTION The purpose is to protect the public and hold youth accountable for their actions by providing temporary, non-secure, community-based placements and/or services for lower-risk youth.

Total Funds State Funds

$7,954,669 $7,954,669

State General Funds

$7,954,669

SECURE COMMITMENT (YDCS) The purpose is to protect the public, hold youth accountable for their actions, and

756

1506

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assist juvenile offenders in becoming law-abiding citizens.
Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$88,745,239 $3,151,226 $2,319,170
$832,056 $85,594,013 $85,594,013

SECURE DETENTION (RYDCS)

The purpose is to protect the public and hold youth accountable for their actions by

providing temporary, secure, safe care, and supervision of high-risk youth.

Total Funds

$89,679,283

Non-State Funds

$1,503,960

Agency Funds

$1,503,960

State Funds

$88,175,323

State General Funds

$88,175,323

Section 28: Labor, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds State Funds State General Funds Intra-State Government Transfers Indirect DOAS Funds

$391,382,623 $340,387,180 $260,650,465 $42,884,219
$50,000 $50,995,443 $50,995,443
$0 $0

BUSINESS ENTERPRISE PROGRAM The purpose is to assist people who are blind in becoming successful contributors to the state's economy.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$1,645,524 $1,306,520 $1,306,520
$339,004 $339,004

COMMISSION ON WOMEN The purpose is to advance health, education, economic, social and legal status of women in Georgia.

Total Funds State Funds
State General Funds

$93,172 $93,172 $93,172

MONDAY, MARCH 14, 2005

1507

DEPARTMENT OF LABOR ADMINISTRATION

The purpose is to work with public and private partners in building a world-class

workforce system that contributes to Georgia's economic prosperity.

Total Funds

$14,999,480

Non-State Funds

$11,369,789

Federal Funds Not Specifically Identified

$11,369,789

State Funds

$3,629,691

State General Funds

$3,629,691

DISABILITY ADJUDICATION SECTION

The purpose is to efficiently process applications for federal disability programs so

that eligible Georgia citizens can obtain support.

Total Funds

$55,440,421

Non-State Funds

$55,440,421

Federal Funds Not Specifically Identified

$55,440,421

DIVISION OF REHABILITATION ADMINISTRATION The purpose is to help people with disabilities to become fully productive members of society by achieving independence and meaningful employment.

Total Funds Non-State Funds
Other Non-State Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers

$4,023,795 $1,627,646
$50,000 $1,577,646 $2,546,149 $2,546,149 ($150,000)

Indirect DOAS Funding

($150,000)

GEORGIA INDUSTRIES FOR THE BLIND The purpose is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin.

Total Funds Non-State Funds
Agency Funds State Funds
State General Funds

$11,788,946 $11,099,375 $11,099,375
$689,571 $689,571

LABOR MARKET INFORMATION The purpose is to collect, analyze, and publish a wide array of information about the state's labor market.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds

$2,921,144 $2,249,873 $2,249,873
$671,271

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State General Funds

$671,271

ROOSEVELT WARM SPRINGS INSTITUTE The purpose is to empower individuals with disabilities to achieve personal independence.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers

$30,348,983 $24,152,271 $18,077,411 $6,074,860
$6,121,712 $6,121,712
$75,000

Indirect DOAS Funding

$75,000

SAFETY INSPECTIONS The purpose is to promote and protect public safety, to provide training and information on workplace exposure to hazardous chemicals, and to promote industrial safety.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$2,832,554 $168,552 $168,552
$2,664,002 $2,664,002

UNEMPLOYMENT INSURANCE The purpose is to enhance Georgia's economic strength by collecting unemployment insurance taxes from Georgia's employers and distributing unemployment benefits to eligible claimants.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$46,561,292 $36,506,512 $36,506,512 $10,054,780 $10,054,780

VOCATIONAL REHABILITATION PROGRAM

The purpose is to assist people with disabilities so that they may go to work.

Total Funds

$85,896,006

Non-State Funds

$69,276,858

Agency Funds

$3,306,216

Federal Funds Not Specifically Identified

$65,970,642

State Funds

$16,544,148

State General Funds

$16,544,148

Intra-State Government Transfers

$75,000

Indirect DOAS Funding

$75,000

MONDAY, MARCH 14, 2005

1509

WORKFORCE DEVELOPMENT

The purpose is to assist employers and job seekers with job matching services and to

promote economic growth and development.

Total Funds

$98,028,810

Non-State Funds

$90,386,867

Agency Funds

$10,401,217

Federal Funds Not Specifically Identified

$79,985,650

State Funds

$7,641,943

State General Funds

$7,641,943

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.

The Office of Planning and Budget is hereby authorized to transfer funds to the appropriate departmental programs in amounts equal to the departmental remittances to the Office of Treasury and Fiscal Services from agency fund collections.

Section 29: Law, Department of Total Funds Non State Funds State Funds
State General Funds Intra-State Government Transfers
Other Intra-State Agency Payments

$72,396,382 $36,802,496 $13,792,463 $13,792,463 $21,801,423 $21,801,423

LAW, DEPARTMENT OF The purpose is to serve the citizens of the State of Georgia by providing legal representation of the highest quality to the agencies, officers and employees of state government.

Total Funds State Funds

$35,593,886 $13,792,463

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State General Funds Intra-State Government Transfers
Other Intra-State Government Payments

$13,792,463 $21,801,423 $21,801,423

Section 30: State Merit System of Personnel Administration

Total Funds

$50,240,331

Non State Funds

$36,834,960

Federal Funds Not Specifically Identified

$32,464

State Funds

$0

Other State Funds

$0

State General Funds

$0

Intra-State Government Transfers

$13,405,371

Other Intra-State Agency Payments

$13,405,371

RECRUITMENT AND STAFFING SERVICES

The purpose is to provide a central point of contact for the general public.

Total Funds

$1,291,351

Intra-State Government Transfers

$1,291,351

Other Intra-State Government Payments

$1,291,351

SYSTEM ADMINISTRATION

The purpose is to provide administrative and technical support to the agency.

Total Funds

$4,049,435

Non-State Funds

$32,464

Federal Funds Not Specifically Identified

$32,464

Intra-State Government Transfers

$4,016,971

Other Intra-State Government Payments

$4,016,971

TOTAL COMPENSATION AND REWARDS The purpose is to ensure fair and consistent employee compensation practices across state agencies.

Total Funds Intra-State Government Transfers
Other Intra-State Government Payments

$4,955,876 $4,955,876 $4,955,876

WORKFORCE DEVELOPMENT AND ALIGNMENT The purpose is to provide continuous opportunities for state employees to grow and develop professionally resulting in increased productivity for state agencies and entities.

Total Funds Intra-State Government Transfers
Other Intra-State Government Payments

$3,141,173 $3,141,173 $3,141,173

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

MONDAY, MARCH 14, 2005

1511

Merit System Assessment balance to be expended in the current fiscal year.

Section 31: Motor Vehicle Safety, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds State Funds State General Funds Intra-State Government Transfers Indirect DOAS Funds

$125,597,556 $47,396,924
$2,544,849 $7,196,898
$852,681 $78,200,632 $78,200,632
$0 $0

COMMERCIAL VEHICLE AND HOV ENFORCEMENT

The purpose is to enforce high occupancy vehicle lane regulations and commercial

vehicles.

Total Funds

$13,562,451

Non-State Funds

$9,693,893

Agency Funds

$7,196,898

Federal Funds Not Specifically Identified

$2,496,995

State Funds

$3,868,558

State General Funds

$3,868,558

DEPARTMENTAL ADMINISTRATION The purpose is for administration of license issuance, motor vehicle registration, and commercial truck compliance.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified

$5,168,957 $47,854 $47,854

State Funds State General Funds

$5,121,103 $5,121,103

LICENSE ISSUANCE The purpose is for the issuance of Georgia drivers license renewals through alternative methods.

Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds

$42,346,991 $200,000 $200,000
$42,146,991 $42,146,991

MOTORCYCLE SAFETY The purpose is to maintain and improve motorcycle safety.
Total Funds State Funds

$100,000 $100,000

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State General Funds
SALVAGE INSPECTION The purpose is for the inspection of rebuilt salvage vehicles.
Total Funds State Funds
State General Funds
TAG AND TITLE REGISTRATION The purpose is to establish motor vehicle ownership.
Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds

$100,000
$1,609,859 $1,609,859 $1,609,859
$26,006,802 $652,681 $652,681
$25,354,121 $25,354,121

Section 32: Natural Resources, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds State Funds State General Funds Intra-State Government Transfers Indirect DOAS Funds

$236,730,358 $138,596,316 $20,863,133 $80,930,687
$0 $98,134,042 $98,134,042
$0 $0

CIVIL WAR COMMISSION The purpose is to coordinate planning, preservation, and promotion of structures, buildings, sites, and battlefields associated with the Civil War and to acquire or provide funds for the acquisition of Civil War battlefields, cemeteries and other historic properties associated with the Civil War.

Total Funds State Funds
State General Funds

$50,000 $50,000 $50,000

COASTAL RESOURCES The purpose is to balance economic development in Georgia's coastal zone with the preservation of natural, environmental, historic, archaeological, and recreational resources for the benefit of Georgia's present and future generations.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$2,394,548 $170,862 $170,862
$2,223,686 $2,223,686

MONDAY, MARCH 14, 2005

1513

DEPARTMENTAL ADMINISTRATION

The purpose of the program is to provide administrative support for all programs of

the department

Total Funds

$8,718,915

Non-State Funds

$53,814

Federal Funds Not Specifically Identified

$53,814

State Funds

$8,665,101

State General Funds

$8,665,101

ENVIRONMENTAL PROTECTION The purpose is to help provide Georgia's citizens with clean air, clean water, healthy lives and productive land by assuring compliance with environmental laws and by

assisting others to do their part for a better environment.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified

$86,317,486 $60,109,698 $50,258,738 $9,850,960

State Funds

$26,207,788

State General Funds

$26,207,788

GEORGIA STATE GAMES COMMISSION The purpose is to improve the physical fitness of Georgians.
Total Funds Non-State Funds
Agency Funds

$332,213 $332,213 $332,213

HAZARDOUS WASTE TRUST FUND Investigate and clean up abandoned hazardous sites.
Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$8,173,850 $573,850 $500,000 $73,850
$7,600,000 $7,600,000

HISTORIC PRESERVATION The purpose is to identify, protect and preserve Georgia's historical sites for the enjoyment of present and future generations.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$2,449,060 $544,351 $544,351
$1,904,709 $1,904,709

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LAND CONSERVATION The purpose is to provide a framework within which developed and rapidly developing counties, and their municipalities, can preserve community green space.

Total Funds State Funds
State General Funds

$415,605 $415,605 $415,605

PARKS, RECREATION AND HISTORIC SITES The purpose is to increase the public awareness of the opportunities at the state parks and historic sites throughout Georgia.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$38,964,911 $21,506,940 $20,650,999
$855,941 $17,457,971 $17,457,971

PAYMENTS TO GEORGIA AGRICULTURAL EXPOSITION AUTHORITY

The purpose is to showcase the state's agriculture and agribusiness, promote the agricultural achievement of Georgia's young people, provide a center for diverse activities, and stage and promote a statewide fair.

Total Funds State Funds
State General Funds

$1,601,265 $1,601,265 $1,601,265

PAYMENTS TO GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY The purpose is to collect, display, and preserve material culture of Georgia's

agriculture and rural history and present to general public and school groups.

Total Funds State Funds
State General Funds

$820,163 $820,163 $820,163

PAYMENTS TO SOUTHWEST GEORGIA RAILROAD EXCURSION AUTHORITY

The purpose is to construct, finance, operate, and develop a rail passenger excursion project utilizing any state owned railway in Crisp and Sumter counties and any nearby county which may be included within the service area.

Total Funds State Funds
State General Funds

$371,964 $371,964 $371,964

POLLUTION PREVENTION ASSISTANCE The purpose is to reduce pollution by providing non-regulatory assistance.

MONDAY, MARCH 14, 2005

1515

Total Funds Non-State Funds
Agency Funds

$103,913 $103,913 $103,913

SOLID WASTE TRUST FUND Provides a funding source to administer the Scrap Tire Management Program, enables emergency, preventative and corrective actions at solid waste disposal facilities, and promotes statewide recycling and waste reduction programs.

Total Funds Non-State Funds
Agency Funds State Funds
State General Funds

$7,632,574 $6,132,574 $6,132,574 $1,500,000 $1,500,000

WILDLIFE RESOURCES The purpose is to regulate hunting, fishing, and the operation of watercraft in Georgia, protect non-game and endangered wildlife, and maintain public education and law enforcement programs.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$41,581,395 $12,265,605 $2,952,250 $9,313,355 $29,315,790 $29,315,790

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.

Provided, that of the amount above for contracts, no more than $55,000 may be used for a common program of subsidizing mass transit fares to and from work for employees of state agencies and authorities, as authorized in O.C.G.A. 45-7-55, and if not for such purposes, then for other purposes within the object class. The subsidy may be limited to employees who live or work in the "Atlanta Ozone Nonattainment Area" and may not exceed $15 per month per employee. The Department of Transportation and any other budget unit eligible for such a grant may apply to this purpose available federal matching funds. For purposes of this appropriation "Atlanta Ozone Nonattainment Area" means the geographic area of the state comprised of Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale Counties.

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Section 33: Pardons and Paroles, State Board of Total Funds Non State Funds
Federal Funds Not Specifically Identified Other Non-State Funds State Funds State General Funds Intra-State Government Transfers

$84,421,183 $36,902,496
$0 $100,000 $47,518,687 $47,518,687
$0

BOARD ADMINISTRATION The purpose is to provide administrative support for the agency.
Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds

$4,304,686 $100,000 $100,000
$4,204,686 $4,204,686

CLEMENCY DECISIONS The purpose is to investigate offenders when they enter the corrections system and make determinations about offender eligibility for parole.

Total Funds State Funds
State General Funds

$9,805,874 $9,805,874 $9,805,874

PAROLE SUPERVISION The purpose is for transitioning offenders from prison back into the community as productive, law abiding citizens.

Total Funds

$32,991,848

State Funds

$32,991,848

State General Funds

$32,991,848

VICTIM SERVICES The purpose of this program is to provide notification to victims of changes in offender status or placement, to conduct outreach and information gathering from victim during clemency proceedings and generally to act as a liaison to victims for the state corrections system.

Total Funds State Funds
State General Funds

$516,279 $516,279 $516,279

Section 34: Public Safety, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds

$134,881,235 $41,607,197
$3,170,628 $1,634,073

MONDAY, MARCH 14, 2005

1517

State Funds State General Funds
Intra-State Government Transfers Indirect DOAS Funds Other Intra-State Agency Payments

$90,122,603 $90,122,603 $3,151,435
$0 $3,151,435

AVIATION The purpose is to provide air support to the Georgia State Patrol and other state,

federal, and local agencies improving public safety for the citizens of Georgia.

Total Funds State Funds
State General Funds

$2,278,813 $2,278,813 $2,278,813

CAPITOL POLICE SERVICES The purpose is to protect life and property; prevent and detect criminal acts, and enforce traffic regulations throughout the Capitol.

Total Funds Intra-State Government Transfers
Other Intra-State Government Payments

$3,151,435 $3,151,435 $3,151,435

DEPARTMENTAL ADMINISTRATION

The purpose is to work cooperatively with all levels of government to provide a safe

environment for residents and visitors to our state.

Total Funds

$11,365,858

Non-State Funds

$1,592

Federal Funds Not Specifically Identified

$1,592

State Funds

$11,364,266

State General Funds

$11,364,266

EXECUTIVE SECURITY SERVICES The purpose is to provide facility security for the Governor's Mansion and personal security for the residents; and to provide continual security for the Governor, the Lieutenant Governor, the Speaker of the House and their families.

Total Funds State Funds
State General Funds

$1,026,201 $1,026,201 $1,026,201

FIELD OFFICES AND SERVICES The purpose of the Criminal Interdiction Unit represents an active statewide commitment to reduce drug trafficking in the State of Georgia by networking with other state, federal and local law enforcement agencies.

Total Funds State Funds
State General Funds

$57,205,349 $57,205,349 $57,205,349

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FIRE ACADEMY, GEORGIA The purpose is to provide professional training for firefighters.
Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$1,145,407 $152,916 $152,680 $236 $992,491 $992,491

FIREFIGHTER STANDARDS AND TRAINING COUNCIL, GEORGIA The purpose is to provide minimum certification standards for all firefighters and public safety professionals.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$551,139 $96 $96
$551,043 $551,043

HIGHWAY SAFETY, OFFICE OF The purpose is to educate the public on highway safety issues and facilitate the implementation of programs to reduce crashes, injuries and fatalities on Georgia roadways.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$3,652,316 $3,167,049 $3,167,049
$485,267 $485,267

PEACE OFFICER STANDARDS AND TRAINING COUNCIL, GEORGIA The purpose is to provide the citizens of Georgia with qualified, professionally

trained, ethical and competent peace officers and criminal justice professionals.

Total Funds State Funds
State General Funds

$1,904,459 $1,904,459 $1,904,459

POLICE ACADEMY, GEORGIA The purpose is to research, develop, and deliver the mandated 40 hour basic coroner training and the 24 hour annual in-service training for all coroners and deputy coroners.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds

$1,240,721 $121,345 $121,094 $251
$1,119,376

MONDAY, MARCH 14, 2005

1519

State General Funds

$1,119,376

PUBLIC SAFETY TRAINING CENTER, GEORGIA The department is charged with the development, delivery and facilitation of training that results in professional and competent public safety services for the people of Georgia.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$10,227,640 $1,361,703 $1,360,299
$1,404 $8,865,937 $8,865,937

SPECIALIZED COLLISION RECONSTRUCTION TEAM The purpose is to provide a means by which fatal crashes can be investigated thoroughly by specially trained investigators and properly document evidence in collisions to be used for successful court prosecution.

Total Funds State Funds
State General Funds

$2,108,522 $2,108,522 $2,108,522

TROOP J SPECIALTY UNITS Charged with the responsibility of supporting the Forensics Science Division of the

GBI by overseeing and maintaining the entire breath-alcohol program for the State of Georgia.

Total Funds State Funds
State General Funds

$2,220,879 $2,220,879 $2,220,879

Section 35: Public Service Commission Total Funds Non State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$45,246,039 $37,075,807
$273,311 $8,170,232 $8,170,232
$0

COMMISSION ADMINISTRATION The purpose is to assist the Commissioners and staff in achieving the agency's goals.

Total Funds State Funds
State General Funds

$1,328,165 $1,328,165 $1,328,165

FACILITY PROTECTION The purpose of this is to provide for the protection of the buried utility facility

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infrastructure within the State of Georgia.
Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$938,475 $273,311 $273,311 $665,164 $665,164

UTILITIES REGULATION The purpose is to regulate intrastate telecommunications, natural gas, and electric utilities.

Total Funds State Funds
State General Funds

$6,176,903 $6,176,903 $6,176,903

Section 36: Regents, University System of Georgia Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds Research Funds
State Funds Tobacco Funds State General Funds
Intra-State Government Transfers Indirect DOAS Funds

$4,501,713,690 $2,700,853,207
$2,509,208 $1,163,188,443
$14,567,804 $1,483,785,256
$1,800,860,483 $5,750,000
$1,795,110,483 $0 $0

ADVANCED TECHNOLOGY DEVELOPMENT CENTER/ECONOMIC

DEVELOPMENT INSTITUTE

The purpose of this is to provide strategic business advice and connect its member

companies to the people and resources they need to succeed.

Total Funds

$22,346,381

Non-State Funds

$13,493,757

Agency Funds

$13,493,757

State Funds

$8,852,624

State General Funds

$8,852,624

AGRICULTURAL EXPERIMENT STATION The purpose is to improve production, processing, new product development, food

safety, storage and marketing to increase profitability and global competitiveness.

Total Funds Non-State Funds
Agency Funds Other Non-State Funds

$70,827,228 $32,441,262 $10,345,362
$95,900

MONDAY, MARCH 14, 2005

1521

Research Funds State Funds
State General Funds

$22,000,000 $38,385,966 $38,385,966

ATHENS AND TIFTON VETERINARY LABORATORIES Ensure the safety of our food supply and the health of animals (production, equine and companion) within the State of Georgia; Monitor for select diseases in domestic animals and wildlife that are zoonotic and/or potential bioterrorism weapons that could compromise animal and human safety and cripple the economy of the state.

Total Funds Non-State Funds
Research Funds State Funds
State General Funds

$4,695,512 $4,653,970 $4,653,970
$41,542 $41,542

CENTER FOR ASSISTIVE TECHNOLOGY AND ENVIRONMENTAL ACCESS Supports individuals with disabilities of any age within the State of Georgia and beyond through expert services, research, design and technological development, information dissemination, educational programs.

Total Funds Non-State Funds
Other Non-State Funds State Funds
State General Funds

$7,360,074 $7,358,994 $7,358,994
$1,080 $1,080

COOPERATIVE EXTENSION SERVICE The purpose is to enhance the quality of life for Georgia's citizens through service,

learning and the adaptation of research based information.

Total Funds Non-State Funds

$54,507,185 $23,094,137

Agency Funds Other Non-State Funds

$9,967,437 $126,700

Research Funds State Funds
State General Funds

$13,000,000 $31,413,048 $31,413,048

FORESTRY COOPERATIVE EXTENSION The purpose of this program is to provide conservation and sustainable management

of forests and other natural resources and to put into practice forestry and natural

resources knowledge.

Total Funds State Funds

$632,486 $632,486

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JOURNAL OF THE SENATE

State General Funds

$632,486

FORESTRY RESEARCH The purpose of this program is to provide to sustain competitiveness of Georgia's forest products industry and private land owners through research and meet environmental goals of sustainable forestry initiative.

Total Funds State Funds
State General Funds

$3,036,329 $3,036,329 $3,036,329

GEORGIA RADIATION THERAPY CENTER The purpose is to provide patient care and education.
Total Funds Non-State Funds
Other Non-State Funds

$3,625,810 $3,625,810 $3,625,810

GEORGIA TECH RESEARCH INSTITUTE The purpose is to aid in the promotion of scientific, engineering, and industrial research for the advancement of science, technology and education in Georgia.

Total Funds Non-State Funds
Agency Funds Other Non-State Funds Research Funds State Funds State General Funds

$129,642,453 $122,917,958 $53,689,616
$117,600 $69,110,742 $6,724,495
$6,724,495

MARINE INSTITUTE The purpose is to understand the processes marsh and coastline.
Total Funds Non-State Funds
Agency Funds Research Funds State Funds State General Funds

that affect the condition of the salt
$1,690,798 $767,633 $67,633 $700,000 $923,165 $923,165

MARINE RESOURCES EXTENSION CENTER

The purpose is to transfer technology, provide training, and conduct applied

research.

Total Funds

$2,601,750

Non-State Funds

$1,184,800

Agency Funds

$575,000

Other Non-State Funds

$9,800

Research Funds

$600,000

MONDAY, MARCH 14, 2005

1523

State Funds State General Funds

$1,416,950 $1,416,950

MEDICAL COLLEGE OF GEORGIA HOSPITAL AND CLINICS

The purpose is to care, teach, and refer clients.

Total Funds

$31,510,080

Non-State Funds

$193,500

Other Non-State Funds

$193,500

State Funds

$31,316,580

State General Funds

$31,316,580

OFFICE OF MINORITY BUSINESS ENTERPRISE The purpose of this program is to provide assistance in the mitigation of factors that place minority businesses in a disadvantaged position.

Total Funds State Funds
State General Funds

$886,985 $886,985 $886,985

PAYMENTS TO GEORGIA MILITARY COLLEGE The purpose is to provide a co-educational, accredited, liberal arts, junior college that is open to qualified and highly motivated high school graduates who are determined to earn a college degree.

Total Funds State Funds
State General Funds

$2,500,092 $2,500,092 $2,500,092

PUBLIC LIBRARIES The purpose is to provide library services for Georgians.
Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$38,257,751 $2,509,208 $2,509,208 $35,748,543 $35,748,543

PUBLIC SERVICE / SPECIAL FUNDING INITIATIVES The purpose is to provide leadership, service, and education.
Total Funds State Funds
Tobacco Funds State General Funds

$27,626,349 $27,626,349 $5,000,000 $22,626,349

PUBLIC TELECOMMUNICATIONS COMMISSION, GEORGIA The purpose is to create, produce and distribute high quality programs and services that educate, inform and entertain our audiences and enrich the quality of their lives.

Total Funds

$31,178,349

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Non-State Funds Agency Funds
State Funds State General Funds

$14,224,291 $14,224,291 $16,954,058 $16,954,058

REGENTS CENTRAL OFFICE The purpose is to provide administrative support to all colleges and universities in

the university system.

Total Funds State Funds
State General Funds

$7,264,505 $7,264,505 $7,264,505

RESEARCH CONSORTIUM

The purpose is to conduct research to further industry in the State of Georgia.

Total Funds

$20,887,489

State Funds

$20,887,489

Tobacco Funds

$750,000

State General Funds

$20,137,489

SKIDAWAY INSTITUTE OF OCEANOGRAPHY

The purpose is to provide a center of excellence in marine and ocean science

research, which expands the body of knowledge on marine environments.

Total Funds

$7,144,536

Non-State Funds

$5,633,000

Agency Funds

$1,520,000

Research Funds

$4,113,000

State Funds

$1,511,536

State General Funds

$1,511,536

STUDENT EDUCATION ENRICHMENT PROGRAM The purpose of this program is to provide underrepresented Georgia residents the opportunity to acquire educational experiences.

Total Funds

$304,035

State Funds

$304,035

State General Funds

$304,035

TEACHING The purpose is to establish all such schools of learning or art as may be useful to the state and to organize them in the way most likely to attain the ends desired.

Total Funds Non-State Funds
Agency Funds Other Non-State Funds Research Funds State Funds

$3,986,058,060 $2,425,252,391 $1,052,605,347
$3,039,500 $1,369,607,544 $1,560,805,669

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1525

State General Funds

$1,560,805,669

VETERINARY MEDICINE EXPERIMENT STATION The purpose is to coordinate and conduct research on animal disease problems of present and potential concern to Georgia's livestock and poultry industries.

Total Funds State Funds
State General Funds

$3,148,784 $3,148,784 $3,148,784

VETERINARY MEDICINE TEACHING HOSPITAL The purpose of the program is to provide state of the art capabilities in diagnostic imaging, including MRI, CT scanning, nuclear scintigraphy, and various methods of ultrasonography.

Total Funds Non-State Funds

$7,178,173 $6,700,000

Agency Funds

$6,700,000

State Funds State General Funds

$478,173 $478,173

Section 37: Revenue, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds State Funds Tobacco Funds State General Funds Intra-State Government Transfers Indirect DOAS Funds

$559,782,344 $44,848,930
$0 $8,046,434
$0 $514,933,414
$150,000 $514,783,414
$0 $0

CUSTOMER SERVICE The purpose is to assure that all state revenue collection activities proceed in a manner consistent with promoting voluntary compliance and the Taxpayer Bill of Rights.

Total Funds Non-State Funds
Agency Funds State Funds
State General Funds

$11,749,607 $2,110,135 $2,110,135 $9,639,472 $9,639,472

DEPARTMENTAL ADMINISTRATION The purpose is to administer and enforce the tax laws of the State of Georgia and provide general support services to the operating programs of the Department of Revenue.

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Total Funds State Funds
State General Funds

$3,591,293 $3,591,293 $3,591,293

GRANTS AND DISTRIBUTION The purpose is to provide ad valorem tax relief to homeowners; to administer, collect, and distribute all local sales taxes in Georgia; and to provide state retirement benefits to local tax officials and their staffs.

Total Funds State Funds
State General Funds

$8,825,027 $8,825,027 $8,825,027

HOMEOWNER TAX RELIEF GRANTS Total Funds State Funds State General Funds

$432,290,501 $432,290,501 $432,290,501

INDUSTRY REGULATION The purpose is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products and to ensure all coin operated amusement machines are properly licensed and decaled.

Total Funds State Funds
Tobacco Funds State General Funds

$4,516,392 $4,516,392
$150,000 $4,366,392

REVENUE PROCESSING The purpose is to ensure that all tax payments are received, credited, and deposited according to sound business practices and the law, and to ensure that all tax returns are reviewed and recorded to accurately update taxpayer information.

Total Funds Non-State Funds
Agency Funds State Funds
State General Funds

$31,461,605 $2,120,536 $2,120,536 $29,341,069 $29,341,069

STATE BOARD OF EQUALIZATION The purpose is to examine the proposed assessments of each class of taxpayers or property and the digest of proposed assessments as a whole to determine that they are reasonably apportioned among the several tax jurisdictions and reasonably uniform with the values set on other classes of property throughout the state.

Total Funds State Funds
State General Funds

$5,000 $5,000 $5,000

MONDAY, MARCH 14, 2005

1527

TAX COMPLIANCE

The purpose is to ensure that all taxpayers pay the correct amount of taxes owed

under the law.

Total Funds

$30,540,423

Non-State Funds

$3,815,763

Agency Funds

$3,815,763

State Funds

$26,724,660

State General Funds

$26,724,660

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 38: Secretary of State Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds Other Non-State Funds State Funds State General Funds Intra-State Government Transfers

$72,411,986 $38,297,717
$1,637 $1,064,350
$429,234 $34,114,269 $34,114,269
$0

ARCHIVES AND RECORDS The Department is responsible for establishing policies and procedures for managing State and Local Government records. The Department assists State Agencies in adequately documenting their activities, administering their records management programs, scheduling their records, and transferring their non-current records to the State Records Center.

Total Funds Non-State Funds
Agency Funds Other Non-State Funds State Funds State General Funds

$6,347,567 $504,234 $75,000 $429,234
$5,843,333 $5,843,333

CAPITOL EDUCATION CENTER The purpose of the Capitol Education Center is to educate Georgians on the importance of civic involvement, the functions of state government, and the history of the State Capitol.

Total Funds State Funds
State General Funds

$151,122 $151,122 $151,122

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COMMISSION ON THE HOLOCAUST, GEORGIA The purpose is to teach the lessons of the Holocaust to present and future generations of Georgians in order to create an awareness of the enormity of the crimes of prejudice and inhumanity and a vigilance to prevent their recurrence.

Total Funds State Funds
State General Funds

$245,669 $245,669 $245,669

CORPORATIONS

The Corporations Division accepts and reviews filings made pursuant to the above

enumerated statutes. The division issues certifications of records on file and

provides general information to the public on approximately 590,000 filed entities.

Total Funds

$2,045,078

Non-State Funds

$739,350

Agency Funds

$739,350

State Funds

$1,305,728

State General Funds

$1,305,728

DRUGS AND NARCOTICS AGENCY, GEORGIA The purpose is to protect the health, safety, and welfare of the general public by providing an enforcement presence to oversee all laws and regulations pertaining to controlled substances and dangerous drugs.

Total Funds State Funds
State General Funds

$1,287,554 $1,287,554 $1,287,554

ELECTIONS The purpose is to administer all duties imposed upon the Secretary of State by the above cited Georgia federal laws by providing all required filing and public information services, performing all certification and commissioning duties required by law and assisting candidates, local governments, and citizens in interpreting and complying with all election, voter registration and financial disclosure laws.

Total Funds Non-State Funds
Agency Funds State Funds
State General Funds

$5,662,210 $20,000 $20,000
$5,642,210 $5,642,210

OFFICE ADMINISTRATION The purpose of the Administration Division is to provide administrative support to the Office of Secretary of State and its attached agencies.

Total Funds Non-State Funds
Agency Funds

$4,721,032 $31,637 $30,000

MONDAY, MARCH 14, 2005

1529

Federal Funds Not Specifically Identified State Funds
State General Funds

$1,637 $4,689,395 $4,689,395

PROFESSIONAL LICENSING BOARDS The purpose is to protect the public health and welfare by supporting all operations

of Boards which license professions.

Total Funds Non-State Funds
Agency Funds State Funds
State General Funds

$9,539,304 $150,000 $150,000
$9,389,304 $9,389,304

REAL ESTATE COMMISSION The purpose is to administer the license law that regulates brokers, salespersons, and community association managers.

Total Funds State Funds
State General Funds

$2,889,094 $2,889,094 $2,889,094

SECURITIES The purpose is to provide for registration, compliance and enforcement of the above provisions of the Georgia Codes, and to provide information to the public regarding subjects of such codes.

Total Funds Non-State Funds
Agency Funds State Funds
State General Funds

$2,003,294 $50,000 $50,000
$1,953,294 $1,953,294

STATE ETHICS COMMISSION

The purpose is to protect the integrity of the democratic process and to ensure fair

elections with the public disclosure of campaign financing and significant private

interests of public officers and candidates for public office.

Total Funds

$717,566

State Funds

$717,566

State General Funds

$717,566

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 39: Soil and Water Conservation Commission Total Funds Non State Funds

$42,848,822 $39,144,567

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Federal Funds Not Specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers

$476,534 $1,865,537 $3,704,255 $3,704,255
$0

COMMISSION ADMINISTRATION

The purpose is to protect, conserve, and improve the soil and water resources of the

State of Georgia.

Total Funds

$578,890

Non-State Funds

$129

Federal Funds Not Specifically Identified

$129

State Funds

$578,761

State General Funds

$578,761

CONSERVATION OF AGRICULTURAL WATER SUPPLIES The purpose is to conserve the use of Georgia's ground and surface water by agricultural water users.

Total Funds Non-State Funds
Agency Funds State Funds

$1,926,313 $1,701,537 $1,701,537
$224,776

State General Funds

$224,776

CONSERVATION OF SOIL AND WATER RESOURCES The purpose is to conserve Georgia's rich natural resources through voluntary implementation of conservation best management practices on agricultural lands.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$1,671,247 $573,405 $164,000 $409,405
$1,097,842 $1,097,842

U.S.D.A. FLOOD CONTROL WATERSHED STRUCTURES The purpose is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens.

Total Funds State Funds
State General Funds

$19,476 $19,476 $19,476

WATER RESOURCES AND LAND USE PLANNING

The purpose is to improve the understanding of water use and to develop plans that

improve water management and efficiency.

Total Funds

$1,850,400

MONDAY, MARCH 14, 2005

1531

Non-State Funds Federal Funds Not Specifically Identified
State Funds State General Funds

$67,000 $67,000 $1,783,400 $1,783,400

Section 40: Student Finance Commission and Authority, Georgia

Total Funds

$596,811,082

Non State Funds

$37,323,149

Federal Funds Not Specifically Identified

$520,653

State Funds

$559,487,933

Lottery Funds

$521,548,450

State General Funds

$37,939,483

Intra-State Government Transfers

$0

ACCEL The purpose is to allow students to pursue post-secondary study at approved public and private post-secondary institutions, while receiving dual high school and college credit for courses successfully completed.

Total Funds State Funds
Lottery Funds

$6,000,000 $6,000,000 $6,000,000

ENGINEER SCHOLARSHIP The purpose is to provide forgivable loans to Georgia residents who are engineering students at Mercer University (Macon campus) and retain those students as engineers in the State.

Total Funds State Funds
Lottery Funds

$760,000 $760,000 $760,000

GEORGIA MILITARY COLLEGE SCHOLARSHIP The purpose is to provide outstanding students with a full scholarship to attend Georgia Military College, thereby strengthening Georgia's National Guard with their membership.

Total Funds State Funds
Lottery Funds

$770,477 $770,477 $770,477

GOVERNOR'S SCHOLARSHIP PROGRAM The purpose is to recognize graduating Georgia High School seniors who are a valedictorian or STAR student of their class by providing a scholarship to attend an

eligible post-secondary institution in Georgia.

Total Funds State Funds

$2,329,200 $2,329,200

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State General Funds

$2,329,200

GUARANTEED EDUCATIONAL LOANS

The purpose is to provide service cancelable loans to students enrolled in critical

fields of study, which include nursing, physical therapy and pharmacy.

Total Funds

$3,799,883

State Funds

$3,799,883

State General Funds

$3,799,883

HOPE ADMINISTRATION The purpose is to provide scholarships that reward students with financial assistance

in degree, diploma, and certificate programs at eligible Georgia public and private colleges and universities, and public technical colleges.

Total Funds State Funds
Lottery Funds

$5,111,697 $5,111,697 $5,111,697

HOPE GED The purpose is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education.

Total Funds State Funds
Lottery Funds

$2,840,694 $2,840,694 $2,840,694

HOPE GRANT

The purpose is to provide grants to students seeking a diploma or certificate at a

public post-secondary institution.

Total Funds

$122,784,173

State Funds

$122,784,173

Lottery Funds

$122,784,173

HOPE SCHOLARSHIPS - PRIVATE SCHOOLS The purpose is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private post-secondary institution.

Total Funds State Funds
Lottery Funds

$45,751,850 $45,751,850 $45,751,850

HOPE SCHOLARSHIPS - PUBLIC SCHOOLS The purpose is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible public post-secondary institution.

Total Funds State Funds
Lottery Funds

$326,011,143 $326,011,143 $326,011,143

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1533

LAW ENFORCEMENT DEPENDENTS GRANT The purpose is to provide educational grant assistance to the children of Georgia law enforcement officers, firefighters, and prison guards who were permanently disabled or killed in the line of duty, to attend an eligible private or public post secondary institution in Georgia.

Total Funds

$50,911

State Funds

$50,911

State General Funds

$50,911

LEVERAGING EDUCATIONAL ASSISTANCE PARTNERSHIP PROGRAM The purpose is to provide educational grant assistance to residents of Georgia who demonstrate substantial financial need to attend eligible post-secondary institutions in Georgia.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$1,487,410 $520,653 $520,653 $966,757 $966,757

NONPUBLIC POSTSECONDARY EDUCATION COMMISSION The purpose is to authorize private post-secondary schools in Georgia; provide transcripts for students who attended schools that closed; resolve complaints.

Total Funds State Funds
State General Funds

$644,500 $644,500 $644,500

NORTH GEORGIA MILITARY SCHOLARSHIP GRANTS The purpose is to provide outstanding students with a full scholarship to attend

North Georgia College & State University, thereby strengthening Georgia's Army National Guard with their membership.

Total Funds State Funds
State General Funds

$683,951 $683,951 $683,951

NORTH GEORGIA ROTC GRANTS The purpose is to provide Georgia residents with non-repayable financial assistance to attend North Georgia College and State University and to participate in the Reserve Officers Training Corps (ROTC) program.

Total Funds State Funds
State General Funds

$432,479 $432,479 $432,479

PROMISE II SCHOLARSHIP The purpose is to assist paraprofessionals and instructional aides who worked in

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Georgia public schools throughout the 1999-2000 school year, by providing funds to

assist with their educational expenses in the form of a service-obligation

scholarship.

Total Funds

$74,590

State Funds

$74,590

Lottery Funds

$74,590

PROMISE SCHOLARSHIP The purpose is to provide forgivable loans to students in their junior and senior year who aspire to be teachers in Georgia public schools.

Total Funds State Funds
Lottery Funds

$5,855,278 $5,855,278 $5,855,278

PUBLIC MEMORIAL SAFETY GRANT The purpose is to provide educational grant assistance to the children of Georgia law enforcement officers, fire fighters, EMTs, correctional officers, and prison guards who were permanently disabled or killed in the line of duty, to attend a public postsecondary institution in the State of Georgia.

Total Funds State Funds
Lottery Funds

$255,850 $255,850 $255,850

TEACHER SCHOLARSHIP The purpose is to provide forgivable loans to teachers seeking advanced education

degrees in critical shortage fields of study.

Total Funds

$5,332,698

State Funds

$5,332,698

Lottery Funds

$5,332,698

TUITION EQUALIZATION GRANTS The purpose is to promote the private segment of higher education in Georgia by providing non-repayable grant aid to Georgia residents who attend eligible private post-secondary institutions.

Total Funds State Funds
State General Funds

$29,031,802 $29,031,802 $29,031,802

Section 41: Teachers' Retirement System Total Funds Non State Funds Other Non-State Funds State Funds
State General Funds

$58,120,880 $36,802,496
$0 $1,980,000 $1,980,000

MONDAY, MARCH 14, 2005

1535

Intra-State Government Transfers Retirement Payments

$19,338,384 $19,338,384

FLOOR/COLA, LOCAL SYSTEM FUND The purpose is to provide retirees from local retirement systems a minimum allowance upon retirement and post-retirement benefit adjustment (COLA)

whenever such adjustment is granted to teachers who retired under TRS.

Total Funds State Funds
State General Funds

$1,980,000 $1,980,000 $1,980,000

SYSTEM ADMINISTRATION The purpose is to provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing.

Total Funds Intra-State Government Transfers
Retirement Payments

$19,338,384 $19,338,384 $19,338,384

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 42: Technical Education, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified Agency Funds State Funds State General Funds Intra-State Government Transfers

$425,230,581 $112,549,613 $19,814,459 $55,932,658 $312,680,968 $312,680,968
$0

ADULT LITERACY The purpose is to enable every adult learner in Georgia to acquire the necessary basic skills -- reading, writing, computation, speaking, and listening -- to compete successfully in today's workplace, strengthen family foundations, and exercise full citizenship.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$19,979,940 $8,143,219 $1,121,886 $7,021,333 $11,836,721 $11,836,721

DEPARTMENTAL ADMINISTRATION The purpose is to contribute to the economic, educational, and community development of Georgia by providing quality technical education, adult literacy

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education, continuing education, and customized business and industry workforce

training to the citizens of Georgia.

Total Funds

$4,666,595

State Funds

$4,666,595

State General Funds

$4,666,595

QUICK START PROGRAM The purpose is to provide a number of programs and services designed to assist businesses and industries with their training needs. These include Quick Start, as well as other programs delivered through the Office of Economic Development Programs at each technical college.

Total Funds State Funds
State General Funds

$11,882,951 $11,882,951 $11,882,951

TECHNICAL EDUCATION The purpose is to provide quality technical education and special workforce services. The primary role is to ensure that all programs and services excel in meeting the individual's need for career success and the community's need for continued economic growth and development.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified State Funds State General Funds

$351,898,599 $67,603,898 $54,810,772 $12,793,126 $284,294,701 $284,294,701

Section 43: Transportation, Department of

Total Funds

$1,819,355,992

Non State Funds

$1,200,600,627

Federal Funds Not Specifically Identified

$20,422,953

Agency Funds

$8,799,470

Other Non-State Funds

$21,717,277

Fed Highway Admin - Highway Planning Construction $1,100,000,000

Fed Transit Admin - Capital Investment Grants

$12,858,431

State Funds

$618,097,570

Motor Fuel Funds

$604,380,000

State General Funds

$13,717,570

Intra-State Government Transfers

$657,795

Other Intra-State Agency Payments

$657,795

AIR TRANSPORTATION The purpose is to provide transportation to state officials and companies considering a move to Georgia and conducting aerial photography flights.

MONDAY, MARCH 14, 2005

1537

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers
Other Intra-State Government Payments

$2,196,606 $184,590 $184,590
$1,354,221 $1,354,221
$657,795 $657,795

AIRPORT AID PROGRAM

The purpose supports statewide economic development by providing the

infrastructure for a safe, efficient, and adequate air transportation system.

Total Funds

$25,143,392

Non-State Funds

$19,684,590

Federal Funds Not Specifically Identified

$19,684,590

State Funds

$5,458,802

State General Funds

$5,458,802

CONSTRUCT AND IMPROVE THE STATE HIGHWAY SYSTEM

The purpose is to ensure a safe and efficient transportation system.

Total Funds

$1,080,409,721

Non-State Funds

$856,780,997

Agency Funds

$165,000

Other Non-State Funds

$10,404,488

Federal Highway Administration Highway Planning and $846,211,509

Construction

State Funds

$223,628,724

State Motor Fuel

$223,628,724

DATA COLLECTION, COMPLIANCE AND REPORTING The purpose is to provide quality transportation data products in the appropriate format within an acceptable timeframe that meets the needs of the state's business partners.

Total Funds Non-State Funds
Agency Funds Other Non-State Funds Federal Highway Administration Highway Planning and Construction
State Funds State Motor Fuel

$5,581,135 $4,013,605
$62,257 $52,844 $3,898,504
$1,567,530 $1,567,530

DEPARTMENTAL ADMINISTRATION The purpose is to plan, construct, maintain, and improve the state's roads and bridges; provide planning and financial support for other modes of transportation

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such as mass transit and airports; provide airport and air safety planning; and provide air travel to state departments.

Total Funds Non-State Funds
Agency Funds Other Non-State Funds Federal Highway Administration Highway Planning and Construction
State Funds State Motor Fuel

$52,801,044 $11,521,996
$816,960 $1,393,081 $9,311,955
$41,279,048 $41,279,048

LOCAL ROAD ASSISTANCE The purpose is for contracts with local governments to assist in the construction and reconstruction of their road, bridge, and street systems.

Total Funds Non-State Funds
Agency Funds Other Non-State Funds

$159,922,919 $71,157,997
$677,243 $3,001,277

Federal Highway Administration Highway Planning and

$67,479,477

Construction

State Funds State Motor Fuel

$88,764,922 $88,764,922

MAINTAIN STATE HIGHWAY SYSTEM The purpose is to coordinate all statewide maintenance activities.
Total Funds Non-State Funds
Agency Funds Other Non-State Funds Federal Highway Administration Highway Planning and Construction
State Funds State Motor Fuel

$335,754,789 $157,794,621
$3,049,770 $6,286,801 $148,458,050
$177,960,168 $177,960,168

OPERATE STATE HIGHWAY SYSTEM The purpose is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management.

Total Funds Non-State Funds
Agency Funds Other Non-State Funds Federal Highway Administration Highway Planning and Construction

$46,424,679 $29,245,531 $4,026,240
$578,786 $24,640,505

MONDAY, MARCH 14, 2005

1539

State Funds State Motor Fuel

$17,179,148 $17,179,148

PAYMENTS TO THE STATE ROAD AND TOLLWAY AUTHORITY

The purpose is to provide funds for the State Road and Tollway Authority

Total Funds

$54,000,460

State Funds

$54,000,460

State Motor Fuel

$54,000,460

PORTS AND WATERWAYS

The purpose is to maintain the navigability of the Atlantic Intracoastal Waterway

and GA's deep water ports to promote international trade.

Total Funds

$1,303,214

Non-State Funds

$184,591

Federal Funds Not Specifically Identified

$184,591

State Funds

$1,118,623

State General Funds

$1,118,623

RAIL The purpose is to oversee the construction, financing, operation, and development of

rail passenger, freight service, and other public transportation projects within and

without the state of Georgia.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified

$841,642 $184,591 $184,591

State Funds

$657,051

State General Funds

$657,051

TRANSIT The purpose is to preserve and enhance the state's urban and rural public transit programs by providing financial and technical assistance to Georgia's transit systems.

Total Funds Non-State Funds
Agency Funds Federal Funds Not Specifically Identified Federal Transit Administration Capital Investment Grants State Funds State General Funds

$18,173,895 $13,045,022
$2,000 $184,591 $12,858,431 $5,128,873 $5,128,873

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

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authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services. b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget. c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid. d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in 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.

Section 44: Veterans Service, Department of Total Funds Non State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$68,870,412 $47,543,302 $10,740,806 $21,327,110 $21,327,110
$0

DEPARTMENTAL ADMINISTRATION The purpose is to coordinate, manage and supervise all aspects of department operations to include financial, public information, personnel, accounting, purchasing, supply, mail, records management, and information technology.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$803,391 $87,996 $87,996 $715,395 $715,395

GEORGIA VETERANS MEMORIAL CEMETERY The purpose is to provide for the internment of eligible Georgia Veterans who served faithfully and honorably in the military service of our country.

Total Funds

$295,910

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State Funds State General Funds

$295,910 $295,910

GEORGIA WAR VETERANS NURSING HOME AUGUSTA

The purpose is to provide skilled nursing care to aged and infirmed Georgia

Veterans; and to also serve as a teaching facility for the Medical College of Georgia.

Total Funds

$7,541,980

Non-State Funds

$3,104,750

Federal Funds Not Specifically Identified

$3,104,750

State Funds

$4,437,230

State General Funds

$4,437,230

GEORGIA WAR VETERANS NURSING HOME - MILLEDGEVILLE The purpose is to provide both skilled nursing and domiciliary care to aged and

infirmed Georgia war veterans.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds

$17,617,375 $7,225,135 $7,225,135 $10,392,240

State General Funds

$10,392,240

VETERANS BENEFITS The purpose is to serve Georgia's veterans, their dependents and survivors in all matters pertaining to veterans benefits by informing the veterans and their families about veterans benefits, and directly assisting and advising them in securing the benefits to which they are entitled.

Total Funds Non-State Funds
Federal Funds Not Specifically Identified State Funds
State General Funds

$5,809,260 $322,925 $322,925
$5,486,335 $5,486,335

Section 45: Workers' Compensation, State Board of Total Funds Non State Funds
Agency Funds Other Non-State Funds State Funds State General Funds Intra-State Government Transfers

$52,726,930 $37,042,496
$240,000 $0
$15,684,434 $15,684,434
$0

ADMINISTER THE WORKERS' COMPENSATION LAWS The purpose is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law.

Total Funds

$9,317,536

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State Funds State General Funds

$9,317,536 $9,317,536

BOARD ADMINISTRATION The purpose is to provide superior access to the Georgia Workers' Compensation program for injured workers and employers in a manner that is sensitive, responsive, and effective.

Total Funds Non-State Funds
Agency Funds State Funds
State General Funds

$6,606,898 $240,000 $240,000
$6,366,898 $6,366,898

Section 46: General Obligation Debt Sinking Fund Total Funds Non State Funds State Funds
Motor Fuel Funds State General Funds Intra-State Government Transfers

$999,954,821 $36,802,496 $963,152,325 $185,620,000 $777,532,325
$0

GENERAL OBLIGATION DEBT SINKING FUND - ISSUED Total Funds State Funds State Motor Fuel State General Funds

$767,813,370 $767,813,370 $155,000,000 $612,813,370

GENERAL OBLIGATION DEBT SINKING FUND - NEW Total Funds State Funds State Motor Fuel State General Funds

$108,338,955 $108,338,955
$30,620,000 $77,718,955

GENERAL OBLIGATION DEBT SINKING FUND - NEW: AUTHORIZED UNDER PREVIOUS APPROPRIATIONS ACTS

Total Funds State Funds
State General Funds

$87,000,000 $87,000,000 $87,000,000

1 From the appropriation designated "State General Funds (New)", $2,218,190 is specifically appropriated for the purpose of financing projects and facilities for the Education, Department of 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 $9,815,000 in

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principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
2 From the appropriation designated "State General Funds (New)", $539,400 is specifically appropriated for the purpose of financing projects and facilities for the Education, Department of 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 $6,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
3 From the appropriation designated "State General Funds (New)", $18,705 is specifically appropriated for the purpose of financing projects and facilities for the Education, Department of 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 $215,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
4 From the appropriation designated "State General Funds (New)", $90,045 is specifically appropriated for the purpose of financing projects and facilities for the Public Libraries 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 $1,035,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
5 From the appropriation designated "State General Funds (New)", $70,470 is specifically appropriated for the purpose of financing projects and facilities for the Public Libraries 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 $810,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
6 From the appropriation designated "State General Funds (New)", $153,555 is specifically appropriated for the purpose of financing projects and facilities for the Public Libraries 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 $1,765,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
7 From the appropriation designated "State General Funds (New)", $4,404,810 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 $50,630,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
8 From the appropriation designated "State General Funds (New)", $1,211,475 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 $13,925,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
9 From the appropriation designated "State General Funds (New)", $203,400 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 $900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
10 From the appropriation designated "State General Funds (New)", $4,576,500 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 $20,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
11 From the appropriation designated "State General Funds (New)", $435,000 is specifically appropriated for the purpose of financing projects and facilities for the

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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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
12 From the appropriation designated "State General Funds (New)", $2,260,000 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of 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.
13 From the appropriation designated "State General Funds (New)", $1,695,000 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of 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.
14 From the appropriation designated "State General Funds (New)", $202,710 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of 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 $2,330,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
15 From the appropriation designated "State General Funds (New)", $55,245 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of 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 $635,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty

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months.
16 From the appropriation designated "State General Funds (New)", $87,000 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
17 From the appropriation designated "State General Funds (New)", $264,915 is specifically appropriated for the purpose of financing projects and facilities for the Agricultural Exposition Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,045,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
18 From the appropriation designated "State General Funds (New)", $957,000 is specifically appropriated for the purpose of financing projects and facilities for the Economic Development, Department of 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 $11,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
19 From the appropriation designated "State General Funds (New)", $113,000 is specifically appropriated for the purpose of financing projects and facilities for the Natural Resources, Department of 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 $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
20 From the appropriation designated "State General Funds (New)", $655,400 is specifically appropriated for the purpose of financing projects and facilities for the State 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

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useful in connection therewith, through the issuance of not more than $2,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
21 From the appropriation designated "State General Funds (New)", $87,000 is specifically appropriated for the purpose of financing projects and facilities for the State 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 $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
22 From the appropriation designated "State General Funds (New)", $304,500 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
23 From the appropriation designated "State General Funds (New)", $235,040 is specifically appropriated for the purpose of financing projects and facilities for the Labor, Department of 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 $1,040,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
24 From the appropriation designated "State General Funds (New)", $334,480 is specifically appropriated for the purpose of financing projects and facilities for the Labor, Department of 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 $1,480,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
25 From the appropriation designated "State General Funds (New)", $2,305,500 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,

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buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $26,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
26 From the appropriation designated "State General Funds (New)", $609,000 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 $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
27 From the appropriation designated "State General Funds (New)", $1,272,375 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 $14,625,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
28 From the appropriation designated "State General Funds (New)", $500,590 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 $2,215,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
29 From the appropriation designated "State General Funds (New)", $565,000 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 $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
30 From the appropriation designated "State General Funds (New)", $462,840 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority by means of the acquisition, construction, development,

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1549

extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,320,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
31 From the appropriation designated "State General Funds (New)", $7,290,600 is specifically appropriated for the purpose of financing projects and facilities for the Transportation, Department of 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 $83,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
32 From the appropriation designated "State General Funds (New)", $562,890 is specifically appropriated for the purpose of financing projects and facilities for the Transportation, Department of 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 $6,470,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
33 From the appropriation designated "State Motor Fuel Funds (New)", $26,100,000 is specifically appropriated for the purpose of financing projects and facilities for the Transportation, Department of 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 $300,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
34 From the appropriation designated "State Motor Fuel Funds (New)", $4,520,000 is specifically appropriated for the purpose of financing projects and facilities for the Transportation, Department of 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.
35 From the appropriation designated "State General Funds (New)", $939,030 is specifically appropriated for the purpose of financing projects and facilities for the

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Juvenile Justice, Department of 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 $4,155,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
36 From the appropriation designated "State General Funds (New)", $641,840 is specifically appropriated for the purpose of financing projects and facilities for the Juvenile Justice, Department of 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 $2,840,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
37 From the appropriation designated "State General Funds (New)", $208,365 is specifically appropriated for the purpose of financing projects and facilities for the Human Resources, Department of 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 $2,395,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
38 From the appropriation designated "State General Funds (New)", $236,170 is specifically appropriated for the purpose of financing projects and facilities for the Corrections, Department of 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 $1,045,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
39 From the appropriation designated "State General Funds (New)", $157,035 is specifically appropriated for the purpose of financing projects and facilities for the Defense, Department of 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 $1,805,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
40 From the appropriation designated "State General Funds (New)", $174,000 is

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specifically appropriated for the purpose of financing projects and facilities for the Corrections, Department of 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.
41 From the appropriation designated "State General Funds (New)", $1,356,000 is specifically appropriated for the purpose of financing projects and facilities for the Public Safety, Department of 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.
42 From the appropriation designated "State General Funds (New)", $201,140 is specifically appropriated for the purpose of financing projects and facilities for the Public Safety, Department of 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 $890,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
43 From the appropriation designated "State General Funds (New)", $76,840 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation 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 $340,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
44 From the appropriation designated "State General Funds (New)", $452,000 is specifically appropriated for the purpose of financing projects and facilities for the Administrative Services, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

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45 From the appropriation designated "State General Funds (New)", $1,683,450 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 $19,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
46 From the appropriation designated "State General Funds (New)", $678,000 is specifically appropriated for the purpose of financing projects and facilities for the Revenue, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
47 From the appropriation designated "State General Funds (New)", $880,875 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 $10,125,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
48 From the appropriation designated "State General Funds (New)", $2,345,520 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 $26,960,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
49 From the appropriation designated "State General Funds (New)", $1,782,630 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

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not more than $20,490,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
50 From the appropriation designated "State General Funds (New)", $1,101,420 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 $12,660,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
51 From the appropriation designated "State General Funds (New)", $355,950 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 $1,575,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
52 From the appropriation designated "State General Funds (New)", $180,800 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 $800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
53 From the appropriation designated "State General Funds (New)", $343,520 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 $1,520,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
54 From the appropriation designated "State General Funds (New)", $26,100 is specifically appropriated for the purpose of financing projects and facilities for the Agrirama Development Authority by means of the acquisition, construction,

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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 $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
55 From the appropriation designated "State General Funds (New)", $8,700 is specifically appropriated for the purpose of financing projects and facilities for the Agrirama Development 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 $100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
56 From the appropriation designated "State General Funds (New)", $31,640 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of 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.
57 From the appropriation designated "State General Funds (New)", $15,820 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of 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 $70,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
58 From the appropriation designated "State General Funds (New)", $25,990 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of 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 $115,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
59 From the appropriation designated "State General Funds (New)", $9,040 is specifically appropriated for the purpose of financing projects and facilities for the

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Veterans Services, Department of 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 $40,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
60 From the appropriation designated "State General Funds (New)", $22,600 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of 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 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
61 From the appropriation designated "State General Funds (New)", $18,080 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of 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 $80,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
62 From the appropriation designated "State General Funds (New)", $27,120 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of 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 $120,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
63 From the appropriation designated "State General Funds (New)", $20,340 is specifically appropriated for the purpose of financing projects and facilities for the Veterans Services, Department of 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 $90,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
64 From the appropriation designated "State General Funds (New)", $1,783,935 is

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specifically appropriated for the purpose of financing projects and facilities for the Corrections, Department of 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 $20,505,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
65 From the appropriation designated "State General Funds (New)", $395,850 is specifically appropriated for the purpose of financing projects and facilities for the Corrections, Department of 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 $4,550,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
66 From the appropriation designated "State General Funds (New)", $325,815 is specifically appropriated for the purpose of financing projects and facilities for the Corrections, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,745,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
67 From the appropriation designated "State General Funds (New)", $22,620 is specifically appropriated for the purpose of financing projects and facilities for the Corrections, Department of 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 $260,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
68 From the appropriation designated "State General Funds (New)", $67,800 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 $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

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69 From the appropriation designated "State General Funds (New)", $329,960 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 $1,460,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
70 From the appropriation designated "State General Funds (New)", $327,700 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 $1,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
71 From the appropriation designated "State General Funds (New)", $25,990 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 $115,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
72 From the appropriation designated "State General Funds (New)", $4,634,055 is specifically appropriated for the purpose of financing projects and facilities for the Education, Department of 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 $53,265,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
73 From the appropriation designated "State General Funds (New)", $5,499,705 is specifically appropriated for the purpose of financing projects and facilities for the Education, Department of 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 $63,215,000 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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74 From the appropriation designated "State General Funds (New)", $649,890 is specifically appropriated for the purpose of financing projects and facilities for the Education, Department of 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 $7,470,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
75 From the appropriation designated "State General Funds (New)", $754,290 is specifically appropriated for the purpose of financing projects and facilities for the Education, Department of 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 $8,670,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
76 From the appropriation designated "State General Funds (New)", $4,524,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Environmental Facilities 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 $52,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
77 From the appropriation designated "State General Funds (New)", $304,500 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Environmental Facilities Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
78 From the appropriation designated "State General Funds (New)", $391,500 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Environmental Facilities 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

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not more than $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
79 From the appropriation designated "State General Funds (New)", $565,000 is specifically appropriated for the purpose of financing projects and facilities for the Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
80 From the appropriation designated "State General Funds (New)", $174,000 is specifically appropriated for the purpose of financing projects and facilities for the Public Libraries 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.
81 From the appropriation designated "State General Funds (New)", $87,000 is specifically appropriated for the purpose of financing projects and facilities for the Public Libraries by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
82 From the appropriation designated "State General Funds (New)", $565,500 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 $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.
83 From the appropriation designated "State General Funds (New)", $435,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia by means of the acquisition,

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construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
84 From the appropriation designated "State General Funds (New)", $199,230 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 $2,290,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
85 From the appropriation designated "State General Funds (New)", $426,300 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 $4,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
86 From the appropriation designated "State General Funds (New)", $426,300 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 $4,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
87 From the appropriation designated "State General Funds (New)", $348,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the

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instruments of which shall have maturities not in excess of two hundred and forty months.
88 From the appropriation designated "State General Funds (New)", $435,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
89 From the appropriation designated "State General Funds (New)", $556,800 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of 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 $6,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
90 From the appropriation designated "State General Funds (New)", $603,420 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of 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 $2,670,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
91 From the appropriation designated "State General Funds (New)", $174,000 is specifically appropriated for the purpose of financing projects and facilities for the Agriculture, Department of 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 xcess of two hundred and forty months.
92 From the appropriation designated "State General Funds (New)", $2,084,955 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition,

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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 $23,965,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
93 From the appropriation designated "State General Funds (New)", $125,280 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of 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 $1,440,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
94 From the appropriation designated "State General Funds (New)", $435,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
95 From the appropriation designated "State General Funds (New)", $69,600 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 $800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
96 From the appropriation designated "State General Funds (New)", $435,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the

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instruments of which shall have maturities not in excess of two hundred and forty months.
97 From the appropriation designated "State General Funds (New)", $431,520 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 $4,960,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
98 From the appropriation designated "State General Funds (New)", $252,300 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 $2,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
99 From the appropriation designated "State General Funds (New)", $110,490 is specifically appropriated for the purpose of financing projects and facilities for the Public Libraries 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 $1,270,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

Section 47.
From the appropriation designated "State General Funds (New)," $4,510,000 is specifically appropriated to the Georgia State Financing and Investment Commission to acquire, construct, develop, extend, enlarge, or improve land, waters, property, highways, buildings, structures, equipment, or facilities of the state, its agencies, departments, institutions, and of those state authorities which were created and activated prior to November 8, 1960, through the issuance of not more than $50,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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Section 48. 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.
Section 49. 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 50. 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 51. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 52. 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.

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Section 53. Provided, that no funds whatsoever shall be transferred between programs 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 program 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.
Section 54. When an agency receives appropriations for more than one program above, the appropriation for each program is the amount stated plus the lesser of $250,000 or 102% of the amount stated. However, if the additional authority is used, the appropriation for one or more of the other program appropriations is reduced in the same amount, such that the stated toal in program appropriations within the Section is not exceeded.
Section 55. The General Assembly has distributed and included in the agency appropriations listed above State funds for the following purposes: 1.) To provide a general salary adjustment of 2% 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 January 1, 2006. 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. The amount of the appropriation for this purpose is calculated according to an effective date of January 1, 2006. 3.) To provide a cost-of-living adjust 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, 2006. 4.) To provide for a 2% increase in the state base salary on the local teacher salary schedule for 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 for the State Board of Education.
The amount of the appropriation for this purpose is calculated according to an effective date of September 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, 2005. 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

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with winter semester, 2006, for Regents faculty and calculated to commence January 1, 2006, 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, 2006. 7.) 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 January 1, 2006, 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, 2006.

Section 56. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 57. All laws and parts of laws in conflict with this act are repealed.

Senator Thomas of the 2nd moved to amend Senate Appropriations Committee Substitute to HB 85 by offering the following amendment #1: removing funds for the Department of Administrative Services, State Purchasing, Section 11, page 8 of 83, line 162, relating to State Fiscal Year 2006 the figure $1,000,000 by decreasing the program as listed below:

Total Funds

$1,000,000

Total Non-State Funds

$0

Total Federal Funds not specifically identified

$0

Total State Funds

$1,000,000

And by adding funds to the Department of Corrections, State prisons, Section 16, page 18

of 83, line 420, relating to State Fiscal Year 2006 the figure $1,000,000 and by increasing

the program as listed below:

Total Funds Total Non-State Funds Total Federal Funds not specifically identified Total State Funds

$1,000,000 $0 $0 $1,000,000

Amendment is to restore funding for the Department of Corrections and increase the current staffing level for security positions and by taking funds from the Department of Administrative Affairs, State Purchasing.

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

Y Adelman

N Hill,Jack

N Smith

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N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant E Hamrick Y Harbison N Harp N Heath E Henson

N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh E Seay N Shafer,D

N Starr N Staton N Stephens Y Stoner
Tate N Thomas,D Y Thomas,R Y Thompson,C N Thompson,S N Tolleson N Unterman
Walker N Weber N Whitehead N Wiles N Williams E Zamarripa

On the adoption of the amendment, the yeas were 15, nays 35, and the Thomas of the 2nd amendment #1 was lost.

Senators Thomas of the 2nd and Brown of the 26th moved to amend Senate Appropriations Committee Substitute to HB 85 by offering the following amendment #2: removing funds for the Commission for New Georgia in the Department of Administrative Services, State Purchasing program, Section 11 line 162 on page 8 of 83 relating to State Fiscal Year 2006 the figure $12,330,979 and funds for increasing contracts to find a new vendor for a claims processing system for Low Income Medicaid in the Department of Community Health, Section 15 line 331 on page 15 of 83 relating to State Fiscal Year 2006 the figure $5,392,943 by decreasing the program as listed below:

Total Funds Total Non-State Funds Total Federal Funds not specifically identified Total State Funds

$ 17,723,922

$ 2,723,922

$

0

$ 15,000,000

And by adding funds to the State Health Benefit Plan in the Department of Community Health, Section 15 line 360 on page 16 of 83, relating to State Fiscal Year 2006 the figure $15,000,000 and by increasing the program as listed below:

Total Funds Total Non-State Funds

$ 15,000,000 $

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Total Federal Funds not specifically identified Total State Funds

$ $15,000,000

Amendment reduces payments to the Commission for a New Georgia in the Department of Administrative Services and to the Low Income Medicaid in the Department of Community Health for increasing contracts to find a new vendor for a claims processing system and increases funding for not creating surcharges for spouses with access to other insurance in the State Health Benefit Program in the Department of Community Health.

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

Y Adelman N Balfour Y Brown N Bulloch
Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath E Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh E Seay N Shafer,D

N Smith N Starr N Staton N Stephens Y Stoner
Tate N Thomas,D Y Thomas,R Y Thompson,C N Thompson,S N Tolleson N Unterman
Walker N Weber N Whitehead N Wiles N Williams E Zamarripa

On the adoption of the amendment, the yeas were 14, nays 36, and the Thomas of the 2nd, Brown amendment #2 was lost.

Senators Thomas of the 2nd and Brown of the 26th moved to amend Senate Appropriations Committee Substitute to HB 85 by offering the following amendment #3: removing funds for the Commission for New Georgia in the Office of Planning and Budget, Attached Agency Administration, Section 23 line 692 on page 28 of 83, relating to State Fiscal Year 2006 the figure $255,438 by decreasing the program as listed below:

Total Funds Total Non-State Funds

$ 255,438

$

0

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Total Federal Funds not specifically identified Total State Funds

$

0

$ 255,438

And by adding funds to the Low-Income Medicaid Program in the Department of Community Health, Section 15 line 331 on page 15 of 83, relating to State Fiscal Year 2006 the figure $647,663 and by increasing the program as listed below:

Total Funds Total Non-State Funds Total Federal Funds not specifically identified Total State Funds

$ 647,663 $ 392,225 $ $ 255,438

Amendment reduces payments to the Commission for a New Georgia in the Governor's Office of Planning and Budget and increases funding for not increasing co-payments in the Low Income Medicaid program in the Department of Community Health.

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

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas
Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath E Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh E Seay N Shafer,D

N Smith N Starr N Staton N Stephens Y Stoner
Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman
Walker N Weber N Whitehead N Wiles N Williams E Zamarripa

On the adoption of the amendment, the yeas were 15, nays 35, and the Thomas of the 2nd, Brown amendment #3 was lost.

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Senator Butler of the 55th asked unanimous consent that Senator Walker of the 22nd be excused. The consent was granted, and Senator Walker was excused.

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 Brown of the 26th moved to amend Senate Appropriations Committee Substitute to HB 85 by offering the following amendment #4: removing funds for the Department of Administrative Services, State Purchasing, Section 11, page 8 of 83, line 162, relating to State Fiscal Year 2006 the figure $500,000 by decreasing the program as listed below:

Total Funds Total Non-State Funds Total Federal Funds not specifically identified Total State Funds

$ 500,000 $0 $0 $ 500,000

And by adding funds to the Department of Community Health, Georgia Board of: Undergraduate Medical Education, Section 15, page 16 of 83, line 357, relating to State Fiscal Year 2006 the figure $500,000 and by increasing the program as listed below:

Total Funds Total Non-State Funds Total Federal Funds not specifically identified Total State Funds

$ 500,000 $0 $0 $ 500,000

Amendment is to restore funding for the Mercer School of Medicine operations by taking funds from the Department of Administrative Affairs, State Purchasing.

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

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis

N Smith Y Starr N Staton N Stephens Y Stoner E Tate N Thomas,D Y Thomas,R Y Thompson,C N Thompson,S N Tolleson

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N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath E Henson

N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh E Seay N Shafer,D

N Unterman E Walker N Weber N Whitehead N Wiles N Williams E Zamarripa

On the adoption of the amendment, the yeas were 16, nays 35, and the Brown amendment #4 was lost.

Senators Meyer von Bremen of the 12th, Jones of the 10th, Adelman of the 42nd, Brown of the 26th and Starr of the 44th moved to amend Senate Appropriations Committee Substitute to HB 85 by offering the following amendment #5: removing funds for the Department of Revenue, Tax Compliance Program, Section 37, line 1575 page 59 of 83, relating to State Fiscal Year 2006 the figure $1,569,400 by decreasing the program as listed below:

Total Funds Total Non-State Funds Total Federal Funds not specifically identified Total State Funds

$ 1,569,400 $ $ $ 1,569,400

And by adding funds to the Student Finance Commission, Hope Administration program, Section 40, line 1663, page 62 of 83, relating to State Fiscal Year 2006 the figure $1,569,400 and by increasing the program as listed below:

Total Funds Total Non-State Funds Total Federal Funds not specifically identified Total State Funds

$ 1,569,400 $ $ $ 1,569,400

Amendment reduces payments to the Department of Revenue, Tax Compliance Program for seasonal workers, wireless tablets, and the addition of full time staff and replaces lottery funding for the GAcollege411.com administration with State funds in the Student Finance Commission, Hope Administration program.

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

Y Adelman N Balfour

N Hill,Jack N Hill,Judson

N Smith Y Starr

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Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath E Henson

Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh E Seay N Shafer,D

N Staton N Stephens Y Stoner E Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman E Walker N Weber N Whitehead N Wiles N Williams E Zamarripa

On the adoption of the amendment, the yeas were 17, nays 34, and the Meyer von Bremen et al. amendment #5 was lost.

Senator Butler of the 55th moved to amend Senate Appropriations Committee Substitute to HB 85 by offering the following amendment #6: removing funds for the Office of the Governor, Cost of Operations, Section 23, page 28 of 83, line 680, relating to State Fiscal Year 2006 the figure $25,000 by decreasing the program as listed below:

Total Funds Total Non-State Funds Total Federal Funds not specifically identified Total State Funds

$ 25,000 $0 $0 $ 25,000

And by adding funds to the Family Violence Services Program for the DeKalb Rape Crisis Center, Section 24, page 34 of 83, line 878, relating to State Fiscal Year 2006 the figure $25,000 and by increasing the program as listed below:

Total Funds Total Non-State Funds Total Federal Funds not specifically identified Total State Funds

$ 25,000 $0 $0 $ 25,000

Amendment is to restore funding for the DeKalb Rape Crisis Center by taking funds from the Office of the Governor.

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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 Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath E Henson

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers
Schaefer N Seabaugh E Seay N Shafer,D

N Smith N Starr N Staton N Stephens Y Stoner E Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman E Walker N Weber N Whitehead N Wiles N Williams E Zamarripa

On the adoption of the amendment, the yeas were 16, nays 34, and the Butler amendment #6 was lost.

The following communication was read by the Secretary:

Senator Nancy Schaefer District 50 313-B Legislative Office Building Atlanta, GA 30334

Committees: Retirement Banking and Financial Institutions Economic Development Ethics Special Judiciary

The State Senate Atlanta, Georgia 30334

On amendment #6, I vote No.

/s/ Nancy Schaefer, 50th District

Senator Stoner of the 6th moved to amend Senate Appropriations Committee Substitute to HB 85 by offering the following amendment #7: removing funds for the Commission

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for New Georgia in the Department of Administrative Services, State Purchasing program, Section 11 line 162 on page 8 of 83 relating to State Fiscal Year 2006 the figure $800,000 by decreasing the program as listed below:

Total Funds Total Non-State Funds Total Federal Funds not specifically identified Total State Funds

$ 800,000 $ $ $ 800,000

And by adding funds to the Department of Defense, Civil Support Program for life insurance for active duty National Guard members, Section 17, line 430 page 18 of 83, relating to State Fiscal Year 2006 the figure $800,000 and by increasing the program as listed below:

Total Funds Total Non-State Funds Total Federal Funds not specifically identified Total State Funds

$ 800,000 $ $ $ 800,000

Amendment reduces payments to the Commission for New Georgia in the Department of Administrative Services, State Purchasing program and increases funding for Department of Defense, Civil Support Program for life insurance for active duty National Guard members.

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

follows:

Y Adelman

N Hill,Jack

Smith

N Balfour

N Hill,Judson

Y Starr

Y Brown

Y Hooks

N Staton

N Bulloch

N Hudgens

N Stephens

Butler

N Johnson

Y Stoner

N Cagle

Y Jones

E Tate

N Carter

N Kemp

N Thomas,D

N Chance

Y Me V Bremen

Y Thomas,R

N Chapman

Y Miles

Y Thompson,C

N Douglas

N Moody

Y Thompson,S

Y Fort

N Mullis

N Tolleson

N Goggans

N Pearson

N Unterman

Y Golden

Y Powell

E Walker

N Grant

Y Reed

N Weber

N Hamrick

N Rogers

N Whitehead

Y Harbison

N Schaefer

N Wiles

N Harp

N Seabaugh

N Williams

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1575

N Heath E Henson

E Seay N Shafer,D

E Zamarripa

On the adoption of the amendment, the yeas were 16, nays 33, and the Stoner amendment #7 was lost.

Senator Meyer von Bremen of the 12th moved to amend Senate Appropriations Committee Substitute to HB 85 by offering the following amendment #8: removing funds for the Commission for New Georgia, Section 11, page 8, line 162, relating to State Fiscal Year 2006 the figure $__________ by decreasing the program as listed below:

Total Funds Total Non-State Funds Total Federal Funds not specifically identified Total State Funds

$ 124,771 $ $ $ 124,771

And by adding funds to the Historic Chattahoochee Commission, Section 19, page 20, line 485, relating to State Fiscal Year 2006 the figure $124,771 and by increasing the program as listed below:

Total Funds Total Non-State Funds Total Federal Funds not specifically identified Total State Funds

$ 124,771 $ $ $ 124,771

Amendment reduces payments to the Commission for New Georgia and increases funding for Historic Chattahoochee Commission in the Department of Economic Development.

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

Y Adelman N Balfour Y Brown
Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort

Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis

N Smith Y Starr N Staton N Stephens Y Stoner E Tate N Thomas,D Y Thomas,R Y Thompson,C N Thompson,S N Tolleson

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N Goggans Y Golden N Grant N Hamrick Y Harbison Y Harp N Heath E Henson

N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh E Seay N Shafer,D

N Unterman E Walker N Weber N Whitehead N Wiles N Williams E Zamarripa

On the adoption of the amendment, the yeas were 17, nays 32, and the Meyer von Bremen amendment #8 was lost.

Senator Brown of the 26th moved to amend Senate Appropriations Committee Substitute to HB 85 by offering the following amendment #9: removing funds for the Governor's Mansion Upgrade, Section 46, page 78, paragraph 71, relating to State Fiscal Year 2006 the figure $327,700 by decreasing the program as listed below:

Total Funds Total Non-State Funds Total Federal Funds not specifically identified Total State Funds

$ 327,700 $ $ $ 327,700

And by adding funds to the Peachcare program, Section 15, line 346, page 15 relating to State Fiscal Year 2006 the figure $327,700 and by increasing the program as listed below:

Total Funds Total Non-State Funds Total Federal Funds not specifically identified Total State Funds

$ 327,700 $ $ $ 327,700

Amendment reduces payments to the Governor's Mansion Upgrade and increases funding for Peachcare in the Department of Community Health.

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

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle

N Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones

N Smith Y Starr N Staton N Stephens Y Stoner E Tate

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1577

N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath E Henson

N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh E Seay N Shafer,D

N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman E Walker N Weber N Whitehead N Wiles N Williams E Zamarripa

On the adoption of the amendment, the yeas were 17, nays 34, and the Brown amendment #9 was lost.

On the adoption of the substitute, the yeas were 45, 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:

N Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick Y Harbison Y Harp

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer Y Seabaugh

Y Smith Y Starr Y Staton Y Stephens N Stoner E Tate Y Thomas,D N Thomas,R N Thompson,C Y Thompson,S Y Tolleson Y Unterman E Walker Y Weber Y Whitehead Y Wiles Y Williams

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Y Heath E Henson

E Seay Y Shafer,D

E Zamarripa

On the passage of the bill, the yeas were 38, nays 13.

HB 85, having received the requisite constitutional majority, was passed by substitute.

Senator Hill of the 4th asked unanimous consent that HB 85 be immediately transmitted to the House.

The consent was granted, and HB 85 was immediately transmitted.

At 1:35 p.m. the President announced that the Senate would stand in recess until 2:35 p.m. today.
At 2:35 p.m. the President called the Senate to order.

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

Mr. President:

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

HB 85.

By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th and Keen of the 179th:

A BILL to be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006; and for other purposes.

The Calendar was resumed.

HB 188. By Representatives Burmeister of the 119th and Rynders of the 152nd:

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 require that the photograph of a person who is convicted of certain crimes for which such person is required to register as a sexual offender shall be published in the legal organ of the county in which such person was convicted; to provide for related matters; to repeal conflicting laws; and for other

MONDAY, MARCH 14, 2005

1579

purposes.

Senate Sponsor: Senator Rogers of the 21st.

Senators Thompson of the 33rd and Rogers of the 21st offered the following amendment:

Amend HB 188 by inserting on line 5 of page 1, following the word and symbol "confinement;" the following:
to provide an enhanced penalty for certain offenses committed upon persons having a mental abnormality; to provide for applicability; .

By striking the quotation marks at the end of line 11 of page 2 and by inserting immediately following such line the following:
16-5-111. If any person subject to this article is convicted of an offense found in Chapter 6 of this title committed upon a person having a mental abnormality, as such term is defined in paragraph (5) of subsection (a) of Code Section 42-1-12, the minimum and maximum periods of incarceration stated for such offense shall be increased by ten years, respectively. This Code section shall apply to any offense committed on or after July 1, 2005.'

On the adoption of the amendment, the yeas were 33, nays 0, and the Thompson of the 33rd, Rogers 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 Balfour
Y Brown Y Bulloch
Butler Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Golden

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen
Miles Y Moody Y Mullis
Pearson Powell

Y Smith Y Starr Y Staton Y Stephens
Stoner E Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S
Tolleson Y Unterman Y Walker

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Y Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson

Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D

Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 41, nays 0.

HB 188, having received the requisite constitutional majority, was passed as amended.

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

HB 85. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th and Keen of the 179th:

A BILL to be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006; and for other purposes.

Senator Hill of the 4th asked unanimous consent that the Senate insist on its substitute to HB 85.

The consent was granted, and the Senate insisted on its substitute to HB 85.

The Calendar was resumed.

HB 217. By Representatives Neal of the 1st, Harbin of the 118th, Scott of the 153rd, Burmeister of the 119th, Mosby of the 90th and others:

A BILL to be entitled an Act to amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to provide that students, teachers, or other persons who serve as athletic trainers for a public or private elementary school or high school in this state must be licensed as an athletic trainer; to provide an exception for a student-trainer, assistant-trainer, or similar person who functions under the advice, consent, and supervision of a physician or a licensed athletic trainer; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Whitehead of the 24th.

Senator Whitehead of the 24th offered the following amendment:

MONDAY, MARCH 14, 2005

1581

Amend HB 217 by striking on line 23 of page 1 "Any school or school system hiring an individual"

and striking lines 24 - 26 on page 1.

On the adoption of the amendment, the yeas were 33, nays 0, and the Whitehead 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 Brown Y Bulloch Y Butler
Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen
Miles Y Moody Y Mullis Y Pearson
Powell Reed Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens
Stoner Y Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

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

HB 217, having received the requisite constitutional majority, was passed as amended.

HB 264. By Representatives Forster of the 3rd, Manning of the 32nd, Davis of the 109th, Fludd of the 66th and Ashe of the 56th:

A BILL to be entitled an Act to amend Chapter 6 of Title 28 of the Official Code of Georgia Annotated, relating to interstate cooperation, so as to change certain provisions relating to creation and membership of the Georgia

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Commission on Interstate Cooperation; to provide for allowances; to change certain provisions relating to functions of the Georgia Commission on Interstate Cooperation; to change certain provisions relating to a declaration that the Council of State Governments, Council of State Governments Clairmont Road, L.L.C., and Southern Legislative Conference are joint governmental agencies of this state; to provide that certain organizations are joint governmental agencies of this state; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Harbison of the 15th.
The Senate Interstate Cooperation Committee offered the following substitute to HB 264:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 6 of Title 28 of the Official Code of Georgia Annotated, relating to interstate cooperation, so as to change certain provisions relating to creation and membership of the Georgia Commission on Interstate Cooperation; to provide for allowances; to change certain provisions relating to functions of the Georgia Commission on Interstate Cooperation; to change certain provisions relating to a declaration that the Council of State Governments, Council of State Governments Clairmont Road, L.L.C., and Southern Legislative Conference are joint governmental agencies of this state; to provide that certain organizations are joint governmental agencies of this state; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6 of Title 28 of the Official Code of Georgia Annotated, relating to interstate cooperation, is amended by striking Code Section 28-6-2, relating to creation and membership of the Georgia Commission on Interstate Cooperation, and inserting in lieu thereof the following:
28-6-2. (a) There is established the Georgia Commission on Interstate Cooperation. The commission shall be composed of 15 10 regular members:
(1) The five members of the Senate Committee on Interstate Cooperation; and (2) The five members of the House Committee on Interstate Cooperation; and (3) The five members of the Governors Committee on Interstate Cooperation. (b) The Governor, the President of the Senate, and the Speaker of the House of Representatives shall be ex officio honorary nonvoting members of this commission. The chairman of the Governors Committee on Interstate Cooperation shall be ex officio chairman of this commission. (c) The five members of the Governors Committee on Interstate Cooperation shall

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serve in an advisory capacity to the commission.
SECTION 2. Said chapter is further amended by striking Code Section 28-6-3, relating to functions of the Georgia Commission on Interstate Cooperation, and inserting in lieu thereof the following:
28-6-3. It shall be the function of the commission to:
(1) Carry forward the participation of this state as a member of the Council of State Governments and of the Southern Legislative Conference any regional, national, or international organization that promotes interstate or international cooperation; (2) Encourage and assist the legislative, executive, administrative, and judicial officials and employees of this state to develop and maintain friendly contact by correspondence, by conference, and otherwise with officials and employees of the other states, of the federal government, and of local units of government; (3) Endeavor to advance cooperation between this state and other units of government whenever it seems advisable to do so by formulating proposals for and by facilitating:
(A) The adoption of compacts; (B) The enactment of uniform or reciprocal statutes; (C) The adoption of uniform or reciprocal administrative rules and regulations; (D) The informal cooperation of governmental offices with one another; (E) The personal cooperation of governmental officials and employees with one another; (F) The interchange and clearance of research and information; and (G) Any other suitable process; and (4) Do all such acts as will, in the opinion of the commission, enable this state to do its part or more in forming a more perfect union among the various governments in the United States and in promoting international relations by developing the Council of State Governments legislative organizations for that purpose such purposes.
SECTION 3. Said chapter is further amended by striking Code Section 28-6-7, relating to a declaration that the Council of State Governments, Council of State GovernmentsClairmont Road, L.L.C., and Southern Legislative Conference are joint governmental agencies of this state, and inserting in lieu thereof the following:
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 Any organization in which this state is a participant pursuant to paragraph (1) of Code Section 28-6-3 and which has its regional or national headquarters located in this state is declared to be a joint governmental

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agency of this state and of the other states which cooperate through it.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 0, and the committee substitute was adopted.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody
Mullis Y Pearson
Powell Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D

Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 50, nays 0.

HB 264, having received the requisite constitutional majority, was passed by substitute.

Senator Tate of the 38th asked unanimous consent that Senator Brown of the 26th be excused. The consent was granted, and Senator Brown was excused.

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HB 151. By Representative Martin of the 47th:

A BILL to be entitled an Act to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications for drivers licenses and information on licensees, so as to extend the pilot program to determine the revenue feasibility of supplying limited rating information to agents, insurers, and insurance support organizations; to provide for related matters; to repeal conflicting laws; 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:

N Adelman Y Balfour E Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath E Henson

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson N Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 46, nays 4.

HB 151, having received the requisite constitutional majority, was passed.

HB 178. By Representative Bridges of the 10th:

A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia

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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; to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated; to provide for other matters relative to Title 47 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

January 13, 2005

The Honorable Ben Bridges State Representative State Capitol, Room 402 Atlanta, Georgia 30334
Dear Chairman Bridges:

SUBJECT: State Auditor's Certification House Bill 178 (LC 25 3777)

This bill would correct typographical, stylistic, spelling, capitalization, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated. This bill would make such corrections in the chapters affecting the Employees' Retirement System and the Georgia Judicial Retirement System.

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.

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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 Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp
Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh E Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

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

HB 178, having received the requisite constitutional majority, was passed.

HB 293. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, Title 10 of the O.C.G.A., relating to commerce and trade, Title 12 of the O.C.G.A., relating to conservation and natural resources, Title 15 of the O.C.G.A., relating to courts, Title 19 of the O.C.G.A., relating to domestic relations, Title 20 of the O.C.G.A., relating to education, Title 28 of the O.C.G.A., relating to the General Assembly, Title 34 of the O.C.G.A., relating to labor and industrial relations, Title 45 of the O.C.G.A., relating to public officers and employees, Title 47 of the O.C.G.A., relating to retirement and pensions, and Title 48 of the O.C.G.A., relating to revenue and taxation, so as to create the State Accounting Office; to provide for a state accounting officer; to provide for the appointment and removal of such officer; to provide for staff and offices; to provide for duties and responsibilities of such officer;

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to provide for effective dates; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Cagle of the 49th.
The Senate Finance Committee offered the following substitute to HB 293:
A BILL TO BE ENTITLED AN ACT
To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, Title 15 of the Official Code of Georgia Annotated, relating to courts, Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, Title 20 of the Official Code of Georgia Annotated, relating to education, Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to create the State Accounting Office; to provide for a state accounting officer; to provide for the appointment and removal of such officer; to provide for staff and offices; to provide for duties and responsibilities of such officer; to provide for certain reports and information to be provided to such officer by state organizations; to provide a definition; to authorize such officer to promulgate certain rules and regulations relating to travel expenses; to provide for related matters; to transfer certain duties and functions from the state auditor to the state accounting officer; to provide for the state accounting officer to receive certain reports; to change certain references from the Department of Audits and Accounts to the State Accounting Office; to remove certain functions and responsibilities from the state auditor; to repeal Resolution Act No. 48 (Senate Resolution No. 101), approved April 19, 1979 (Ga. L. 1979, p. 1365), relating to the development, issuance, review, and revision of employee travel reimbursement policies by the Department of Audits and the Office of Planning and Budget; 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 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new Chapter 5B to read as follows:
CHAPTER 5B

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50-5B-1. (a) The State Accounting Office is created and shall be administered by the state accounting officer. (b) The state accounting officer shall be appointed by the Governor and shall serve at the pleasure of the Governor. (c) Beginning July 1, 2005, the state accounting officer shall receive an annual salary to be set by the Governor. The state accounting officer shall also be reimbursed for all actual and necessary expenses incurred by him or her in carrying out his or her official duties. (d) The state accounting officer shall be required to take and subscribe before the Governor an oath to discharge faithfully and impartially the duties of such office, which oath shall be in addition to the oath required of all civil officers.
50-5B-2. (a) The state accounting officer shall establish such units within the State Accounting Office as he or she deems proper for its administration and shall designate persons to be directors and assistant directors of such units to exercise such authority as he or she may delegate to them in writing. (b) The state accounting officer shall have the authority, within budgetary limitations, to employ as many persons as he or she deems necessary for the administration of the office and for the discharge of the duties of the office. The state accounting officer shall issue all necessary directions, instructions, orders, and rules applicable to such persons. He or she shall have authority, as he or she deems proper, to employ, assign, compensate, and discharge employees of the office within the limitations of the offices appropriation, the requirements of the state merit system, and restrictions set forth by law.
50-5B-3. (a) The state accounting officer shall:
(1) Prescribe state-wide accounting policies, procedures, and practices; (2) Prescribe, develop, operate, and maintain uniform state accounting systems for all state organizations which facilitate financial accounting and reporting in accordance with generally accepted accounting principles and also meet state and federal accounting and financial reporting requirements; (3) Prescribe the manner in which disbursements shall be made by state organizations; (4) Prescribe and supervise the installation of any changes in the state accounting information systems necessary to secure and maintain internal control and facilitate the recording of accounting data for the purpose of preparing reliable, timely, and meaningful statements and reports; (5) Manage the states accounting, payroll, and human capital systems; (6) Using generally accepted accounting principles, prepare the states financial statements and other reports in accordance with legal requirements;

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(7) Provide annual financial statements and other reports to the state auditor and other auditors, as appropriate, for review and certification when required by statute or federal regulation; (8) Develop interim reports on the financial condition and budgetary compliance of the state and various state organizations; (9) Determine the proper classification for accounting and reporting purposes of all assets, liabilities, revenues, expenditures, fund balances, funds, and accounts in compliance with legal requirements and generally accepted accounting principles and prescribe a uniform classification of accounts and other accounting identifiers which shall be used by all state organizations; (10) Develop processes and systems to improve accountability and enhanced collection of accounts receivable due to the state. In developing these processes, the state accounting officer may prescribe procedures to allow for the recognition of uncollectible accounts for financial reporting purposes. He or she may also develop guidelines to allow uncollectible debts to be removed from active collection processes. This recognition shall not remove or diminish the states claim on accounts or debt owed to the state; and (11) Develop processes and systems to improve accountability and enhance efficiency for disbursement of funds and management of accounts payable. (b) The state accounting officer may recommend processes and systems to improve the cash management practices of the state to the State Depository Board. The state accounting officer in cooperation with the Office of Treasury and Fiscal Services may prescribe policies and procedures to implement the policies of the board.
50-5B-4. (a) As used in this chapter, the term 'organization of state government' shall mean, without limitation, any agency, authority, department, institution, board, bureau, commission, committee, office, or instrumentality of the State of Georgia. Such term shall not include any entity of local government, including, but not limited to, a county, municipality, consolidated government, board of education, or local authority, or an instrumentality of any such entity. (b) All organizations of state government and all officers, agents, and employees thereof shall conform to and comply with the rules, regulations, policies, procedures, and forms devised, promulgated, and installed by the state accounting officer. (c) All organizations of state government shall submit statements, reports, information, and data necessary to enable the state accounting officer to complete the reports required under this Code section and Code Section 50-5B-3. (d) All organizations of state government may only create and maintain accounting systems or subsidiary accounting systems that have been approved by the state accounting officer. (e) All organizations of state government shall provide lease information to the state accounting officer to permit the state accounting officer to properly account for and report all capital and operating leases.

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(f) All organizations of state government shall provide information to the state accounting officer necessary to properly account for and report real property and personal property. (g) All information and reports required in this Code section shall be provided in the form and within the time frame prescribed by the state accounting officer.
50-5B-5. The state accounting officer in cooperation with the Office of Planning and Budget is authorized to and shall adopt rules and regulations governing in-state and out-of-state travel and travel reimbursement that promote economy and efficiency in state government and which treat employees fairly and equitably.
SECTION 2. Said title is further amended by striking subsection (e) of Code Section 50-5-196, relating to the Distance Learning and Telemedicine Network Governing Board, and inserting in lieu thereof a new subsection (e) to read as follows:
(e) Members of the governing board shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which employed for all necessary expenses that may be incurred in the performance of their duties under this part in accordance with state travel regulations promulgated by the Office of Planning and Budget and the Department of Audits and Accounts State Accounting Office in the same manner that employees of the state merit system are reimbursed.
SECTION 3. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 50-5A-7, relating to duties of the Office of Treasury and Fiscal Services generally, and inserting in lieu thereof a new paragraph (2) to read as follows:
(2) To keep good and sufficient accounting records of every sum of money received into, or disbursed from, the state treasury, utilizing an accounting system in conformity with generally accepted accounting principles and approved by the state auditor accounting officer; .
SECTION 4. Said title is further amended by striking paragraph (5) of subsection (e) of Code Section 50-5A-11, relating to exceptions from public inspection for records of the Office of Treasury and Fiscal Services, and inserting in lieu thereof a new paragraph (5) to read as follows:
(5) Given to the Governor, the Attorney General and the Department of Law, the Office of Planning and Budget, officers of the General Assembly, the Legislative Budget Office legislative budget offices, the state accounting officer and the State Accounting Office, the state auditor and the Department of Audits and Accounts, or the State Depository Board for use and public disclosure in the ordinary performance of those officers and offices duties.

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SECTION 5. Said title is further amended by striking Code Section 50-6-7, relating to state officials to conform to rules of state auditor and produce books, records, and other papers for examination, and inserting in lieu thereof a new Code Section 50-6-7 to read as follows;
50-6-7. All officers, agents, employees, departments, institutions, commissions, and bureaus of the state are directed and required to conform to and comply with all rules, regulations, and forms devised, promulgated, and installed by the state auditor in conformity with this chapter and shall produce and turn over to the state auditor or his or her assistants for examination and audit, whenever demanded by the state auditor, all of their books, records, accounts, vouchers, warrants, bills, and other papers dealing with or reflecting upon the financial transactions and management of such department, institution, agency, commission, bureau, or officer, including any and all cash on hand, but not including cash in banks, the amount of cash in banks to be ascertained by certificate furnished the state auditor by the bank.
SECTION 6. Said title is further amended by striking paragraph (1) of Code Section 50-6-24, relating to the duties and powers of the state auditor generally, and inserting in lieu thereof a new paragraph (1) to read as follows:
(1) To devise and, with the approval of the Governor, to promulgate, install, and establish forms and records for the collecting and paying out of all moneys, funds, and revenues of the state and to ensure the protection and proper use of all stores, equipment, and property of the state Reserved; .

SECTION 7. Said title is further amended by striking Code Section 50-6-26, relating to the preparation and publication of forms by the state auditor, and inserting in lieu thereof a new Code Section 50-6-26 to read as follows:
50-6-26.
The state auditor shall prepare and publish, by and with the approval of the Governor, complete forms applicable to the business transacted in each of the several boards, offices, institutions, departments, and commissions of the executive department of the state government, the same to be as uniform as the business respectively transacted therein shall permit; provided, however, that the Department of Administrative Services shall in all cases require each and every one of the several boards, offices, institutions, departments, and commissions of the executive department of state government to use consecutively numbered requisitions, purchase orders, and field purchase orders, which documents shall be retained and filed in numerical sequence to provide a procurement audit trail. It shall be the duty of each of the boards, offices, institutions, departments, and commissions, as directed by the Governor, to employ such forms and none other in

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transacting and recording their several financial transactions of every nature Reserved.
SECTION 8. Said title is further amended by striking Code Section 50-9-81, relating to the director and employees of the Agency for Removal of Hazardous Materials, and inserting in lieu thereof a new Code Section 50-9-81 to read as follows:
50-9-81. The Governor shall appoint a director of the agency who shall serve at the pleasure of the Governor. The Governor may appoint as the director an officer or employee of another department or authority of the state, and if he or she does so, such person shall hold the office of director ex officio without further compensation except for normal reimbursement of actual expenses as provided for in the rules of the state auditor accounting officer and the Office of Planning and Budget. The director shall employ such employees of the agency as may be necessary to carry out its purposes.
SECTION 9. Said title is further amended by striking Code Section 50-12-77, relating to reports by overview committees concerning the Georgia Aviation Hall of Fame, and inserting in lieu thereof a new Code Section 50-12-77 to read as follows:
50-12-77. The Georgia Aviation Hall of Fame Board shall cooperate with the committees, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the charges of the committees, set forth in this subpart, may be timely and efficiently discharged. The board shall submit to the committees such reports and data as the committees shall reasonably require of the board in order that the committees may adequately perform their functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Georgia Aviation Hall of Fame or the Georgia Aviation Hall of Fame Board. The committees shall, on or before the first day of January of each year, and at such other times as they deem necessary, submit to the General Assembly a report of their findings and recommendations based upon the review of the Georgia Aviation Hall of Fame, as set forth in this subpart.
SECTION 10. Said title is further amended by striking subsection (b) of Code Section 50-16-18, relating to writing off small amounts due to the state, and inserting in lieu thereof a new subsection (b) to read as follows:
(b) All state agencies and departments, in order to preserve public funds, are authorized to develop appropriate standards, in conjunction with the Department of Audits and Accounts, that comply with the policies prescribed by the state accounting officer which will provide a mechanism to consider administratively discharging any obligation or charge in favor of such agency or department when such obligation or

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charge is $100.00 or any lesser amount unless the agency or department belongs to the Board of Regents of the University System of Georgia or the Department of Technical and Adult Education, in which case the obligation or charge in favor of the institution under the Board of Regents of the University System of Georgia or the Department of Technical and Adult Education may be $3,000.00 or any lesser amount. This procedure shall not be available to such agency or department in those instances where the obligor has more than one such debt or obligation in any given fiscal year, and this provision shall be construed in favor of the state agency or department so as not to alter the unquestioned ability of such state agency or department to pursue any debt, obligation, or claim in any amount whatsoever. In those instances where a debt or obligation of $100.00 or less, or $3,000.00 or less for the institutions of the Board of Regents of the University System of Georgia or the Department of Technical and Adult Education, has been deemed to be uncollectable, the proper individual making such determination shall transmit a recapitulation of the efforts made to collect the debt together with all other appropriate information, which shall include a reasonable estimate of the cost to pursue administratively or judicially the account together with a recommendation to the commissioner of such state agency or department. In those instances where the commissioner makes a determination that further collection efforts would be detrimental to the publics financial interest, a certificate reflecting this determination shall be executed, and this certificate shall serve as the authority to remove such uncollectable accounts from the financial records of such state agency or department. Such certificates shall be forwarded to the state auditor accounting officer in a manner and at such times as are reflected in the standards developed by the state auditor accounting officer and the state agency or department.
SECTION 11. Said title is further amended by striking subsection (b) of Code Section 50-16-18, relating to writing off small amounts due to the state, and inserting in lieu thereof a new subsection (b) to read as follows:
(b) All state agencies and departments, in order to preserve public funds, are authorized to develop appropriate standards, in conjunction with the Department of Audits and Accounts, that comply with the policies prescribed by the state accounting officer which will provide a mechanism to consider administratively discharging any obligation or charge in favor of such agency or department when such obligation or charge is $100.00 or any lesser amount. This procedure shall not be available to such agency or department in those instances where the obligor has more than one such debt or obligation in any given fiscal year, and this provision shall be construed in favor of the state agency or department so as not to alter the unquestioned ability of such state agency or department to pursue any debt, obligation, or claim in any amount whatsoever. In those instances where a debt or obligation of $100.00 or less has been deemed to be uncollectable, the proper individual making such determination shall transmit a recapitulation of the efforts made to collect the debt together with all other appropriate information, which shall include a reasonable estimate of the cost to pursue

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administratively or judicially the account together with a recommendation to the commissioner of such state agency or department. In those instances where the commissioner makes a determination that further collection efforts would be detrimental to the publics financial interest, a certificate reflecting this determination shall be executed, and this certificate shall serve as the authority to remove such uncollectable accounts from the financial records of such state agency or department. Such certificates shall be forwarded to the state auditor accounting officer in a manner and at such times as are reflected in the standards developed by the state auditor accounting officer and the state agency or department.
SECTION 12. Said title is further amended by striking subsections (a) and (b) of Code Section 50-1632, relating to the State Properties Commission, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
(a) There is created within the executive branch of state government a public body which shall be known as the State Properties Commission and which shall consist of ten members and be composed of the Governor; the Secretary of State; the director of the Office of Treasury and Fiscal Services; the state auditor accounting officer; three citizens appointed by the Speaker of the House of Representatives for terms ending on April 1 in each odd-numbered year; and three citizens appointed by the Lieutenant Governor for terms ending on April 1 in each odd-numbered year. The term of office of the appointed members of the commission is continued until their successors are duly appointed and qualified. The Lieutenant Governor may serve as an appointed citizen member. (b) The Governor shall be the chairperson of the commission, the state auditor accounting officer shall be its vice chairperson, and the Secretary of State shall be its secretary. Six members of the commission shall constitute a quorum. No vacancy on the commission shall impair the right of the quorum to exercise the powers and perform the duties of the commission. With the sole exception of acquisitions of real property, which acquisitions shall require six affirmative votes of the membership of the commission present and voting at any meeting, the business, powers, and duties of the commission may be transacted, exercised, and performed by a majority vote of the commission members present and voting at a meeting when more than a quorum is present and voting or by a majority vote of a quorum when only a quorum is present and voting at a meeting. An abstention in voting shall be considered as that member not being present and not voting in the matter on which the vote is taken. No person may be appointed, elected, or serve on the commission who is a member of the legislative or judicial branch of government. In the event any ex officio member is determined to be in either the legislative or judicial branch of government, the General Assembly declares that it would have passed this article without such ex officio position on the commission and would have reduced the quorum and vote required of the commission on all actions accordingly.

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SECTION 13. Said title is further amended by striking paragraph (3) of subsection (b) of Code Section 50-17-23, relating to general obligation and guaranteed revenue debt, and inserting in lieu thereof a new paragraph (3) to read as follows:
(3) Minimum balance required; excess moneys; investments. The amount to the credit of the common reserve fund shall at all times be at least equal to the aggregate highest annual debt service requirements on all outstanding guaranteed revenue obligations entitled to the benefit of such fund. If at the end of any fiscal year of the state the fund is in excess of the required amount, the director of the Office of Treasury and Fiscal Services, upon certification of the state auditor accounting officer, shall transfer such excess to the general funds of the state, free of such trust. The funds in the common reserve shall be as fully invested as is practical, consistent with the requirements of guaranteeing the principal and interest payments on the revenue obligations guaranteed by the state. Any such investments shall be restricted to obligations constituting direct and general obligations of the United States government or obligations unconditionally guaranteed as to the payment of principal and interest by the United States government, maturing no longer than 12 months from the date of purchase.
SECTION 14. Said title is further amended by striking Code Section 50-17-50, relating to the State Depository Board, and inserting in lieu thereof a new Code Section 50-17-50 to read as follows:
50-17-50. The State Depository Board, referred to in this article as the 'board,' is created, consisting of the Governor, the Commissioner of Insurance, the state auditor accounting officer, the commissioner of banking and finance, the state revenue commissioner, the commissioner of transportation, and the director of the Office of Treasury and Fiscal Services, referred to in this article as the 'director,' who shall act as administrative officer of the board. A majority of the board shall constitute a quorum, and the acts of the majority shall be the acts of the board. The board, in its discretion, may name and appoint, from time to time, as state depositories of state funds any bank or trust company which has its deposits insured by the Federal Deposit Insurance Corporation. The board may also name and appoint as state depositories of state funds any building and loan association or federal savings and loan association which has its deposits insured by the Savings Association Insurance Fund of the Federal Deposit Insurance Corporation or the Georgia Credit Union Deposit Corporation. The board may also authorize any department, board, bureau, or other agency of the state which has a foreign office to deposit state funds for current operating expenses in certain foreign banks, the deposits of which are not insured by the Federal Deposit Insurance Corporation, provided the balance of such deposits in any one foreign bank does not exceed limits prescribed by the State Depository Board. For the purposes of this article, 'foreign bank' shall mean a bank organized under the laws of a foreign country. The

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board is assigned to the Department of Administrative Services for administrative purposes only as prescribed in Code Section 50-4-3.
SECTION 15. Said title is further amended by striking Code Section 50-25-7.10, relating to quarterly reports required of executive director of Georgia Technology Authority, and inserting in lieu thereof a new Code Section 50-25-7.10 to read as follows:
50-25-7.10. The executive director shall submit to the director of the Office of Planning and Budget and the state auditor accounting officer on a quarterly 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 and anticipated expenditures for the upcoming quarter, 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 16. Said title is further amended by striking Code Section 50-25-7.12, relating to joint development of budgeting and accounting system for technology resources, and inserting in lieu thereof a new Code Section 50-25-7.12 to read as follows:
50-25-7.12. The authority, the Office of Planning and Budget, and the state auditor accounting officer 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 authority with the Office of Planning and Budget and the state auditor accounting officer 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.
SECTION 17. Said title is further amended by striking paragraph (7) of subsection (a) of Code Section 50-27-11, relating to duties of the chief executive officer of the Georgia Lottery Corporation, and inserting in lieu thereof a new paragraph (7) to read as follows:
(7) Report quarterly to the state auditor, the state accounting officer, and the board a full and complete statement of lottery revenues and expenses for the preceding quarter; and .

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SECTION 18. Said title is further amended by striking subsection (f) of Code Section 50-27-13, relating to disposition of lottery proceeds, and inserting in lieu thereof a new subsection (f) to read as follows:
(f) In compliance with the requirement of the Constitution that there shall be a separate accounting of lottery proceeds, no deficiency in the Lottery for Education Account shall be replenished by book entries reducing any nonlottery reserve of general funds, including specifically but without limitation the revenue shortfall reserve or the midyear adjustment reserve; nor shall any program or project started specifically from lottery proceeds be continued from the general fund; such programs must be adjusted or discontinued according to available lottery proceeds unless the General Assembly by general law establishes eligibility requirements and appropriates specific funds within the general appropriations Act; nor shall any nonlottery surplus in the general fund be reduced. No surplus in the Lottery for Education Account shall be reduced to correct any nonlottery deficiencies in sums available for general appropriations, and no surplus in the Lottery for Education Account shall be included in any surplus calculated for setting aside any nonlottery reserve or midyear adjustment reserve. In calculating net revenue collections for the revenue shortfall reserve and midyear adjustment reserve, the state auditor accounting officer shall not include the net proceeds.

SECTION 19. Said title is further amended by striking Code Section 50-27-33, relating to reports by the Georgia Lottery Corporation, and inserting in lieu thereof a new Code Section 50-27-33 to read as follows:
50-27-33.
To ensure the financial integrity of the lottery, the corporation through its board of directors shall:
(1) Submit quarterly and annual reports to the Governor, state auditor, the state accounting officer, and the oversight committee created by Code Section 50-27-34, disclosing the total lottery revenues, prize disbursements, operating expenses, and administrative expenses of the corporation during the reporting period. The annual report shall additionally describe the organizational structure of the corporation and summarize the functions performed by each organizational division within the corporation; (2) Adopt a system of internal audits; (3) Maintain weekly or more frequent records of lottery transactions, including the distribution of tickets or shares to retailers, revenues received, claims for prizes, prizes paid, prizes forfeited, and other financial transactions of the corporation; (4) Contract with a certified public accountant or firm for an annual financial audit of the corporation. The certified public accountant or firm shall have no financial interest in any vendor with whom the corporation is under contract. The certified public accountant or firm shall present an audit report not later than seven four

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months after the end of the fiscal year. The certified public accountant or firm shall evaluate the internal auditing controls in effect during the audit period. The cost of this annual financial audit shall be an operating expense of the corporation. The state auditor may at any time conduct an audit of any phase of the operations of the Georgia Lottery Corporation at the expense of the state and shall receive a copy of the annual independent financial audit. A copy of any audit performed by the certified public accountant or firm or the state auditor shall be transmitted to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives, the state auditor, the state accounting officer, and the oversight committee chairperson; (5) Submit to the Office of Planning and Budget, and the state auditor, and the state accounting officer by June 30 of each year a copy of the annual operating budget for the corporation for the next fiscal year. This annual operating budget shall be approved by the board and be on such forms as prescribed by the Office of Planning and Budget; (6) For informational purposes only, submit to the Office of Planning and Budget on September 1 of each year a proposed operating budget for the corporation for the succeeding fiscal year. This budget proposal shall also be accompanied by an estimate of the net proceeds to be deposited into the Lottery for Education Account during the succeeding fiscal year. This budget shall be on such forms as prescribed by the Office of Planning and Budget; and (7) Adopt the same fiscal year as that used by state government.
SECTION 20. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by striking Code Section 10-9-22, relating to authority of the Geo. L. Smith II World Congress Center Authority to cooperate with certain entities, and inserting in lieu thereof a new Code Section 10-9-22 to read as follows:
10-9-22. The Geo. L. Smith II Georgia World Congress Center Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the charges of the committee, set forth in this article, may be timely and efficiently discharged. The authority shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Geo. L. Smith II Georgia World Congress Center Authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recommendations based upon the review of the Geo. L. Smith II Georgia World Congress Center Authority, as set forth in this chapter.
SECTION 21.

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Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by striking Code Section 12-3-22, relating to the reporting requirements of certain associations and authorities, and inserting in lieu thereof a new Code Section 12-3-22 to read as follows:
12-3-22. The Stone Mountain Memorial Association, the Jekyll Island--State Park Authority, the North Georgia Mountains Authority, and the Lake Lanier Islands Development Authority shall cooperate with the committee, its agents, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the duties of the committee set forth in this part may be timely and efficiently discharged. Each of the named authorities shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. At least annually the commissioner of natural resources and the departments director of state parks and historic sites shall make a report to the committee of any legislative changes or revisions that may be needed to assist the named authorities in accomplishing their statutory duties and functions as provided in this chapter, either individually or as a group. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the authorities named in this part. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the chairpersons of the appropriate standing committees of each house of the General Assembly a report of its findings and recommendations based upon the review of each of the named authorities, as set forth in this part.
SECTION 22. Said title is further amended by striking Code Section 12-3-502, relating to the cooperation of the Georgia Agricultural Exhibition Authority, and inserting in lieu thereof a new Code Section 12-3-502 to read as follows:
12-3-502. The Georgia Agricultural Exposition Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the charges of the committee, set forth in this part, may be timely and efficiently discharged. The authority shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Georgia Agricultural Exposition Authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recommendations based upon the review of the Georgia Agricultural Exposition Authority, as set forth in this part.

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SECTION 23. Said title is further amended by striking Code Section 12-3-552, relating to the cooperation of the Georgia Music Hall of Fame Authority, and inserting in lieu thereof a new Code Section 12-3-552 to read as follows:
12-3-552. The Georgia Music Hall of Fame Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the charges of the committee, set forth in this part, may be timely and efficiently discharged. The authority shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Georgia Music Hall of Fame Authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recommendations based upon the review of the Georgia Music Hall of Fame Authority, as set forth in this part.
SECTION 24. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code Section 15-21-145, relating to the duties of the Brain and Spinal Injury Trust Fund Commission, by striking paragraph (6) of subsection (a) and inserting in lieu thereof a new paragraph (6) to read as follows:
(6) Conform to the standards and requirements prescribed by the state auditor accounting officer pursuant to Chapter 6 Chapter 5B of Title 50.
SECTION 25. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in Code Section 19-14-5, relating to the powers and duties of the State Childrens Trust Fund Commission, by striking paragraph (7) of subsection (a) and inserting in lieu thereof a new paragraph (7) to read as follows:
(7) Conform to the standards and requirements prescribed by the state auditor accounting officer pursuant to Chapter 6 Chapter 5B of Title 50.
SECTION 26. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking subsections (b) and (c) of Code Section 20-2-896, relating to the administrative discharge of certain debts, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
(b) In order to conserve the health insurance funds, the commissioner of community health is authorized, in conjunction with the state auditor, to develop a procedure that complies with the policies prescribed by the state accounting officer for the

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administrative discharge of any debt or obligation due the insurance fund when such debt or obligation is $400.00 or less. This provision shall not be construed to deny to the commissioner the authority to pursue the collection of any debt, obligation, or claim in any amount whatsoever when such pursuit is in the best interest of the insurance fund. (c) Upon a formal determination that a debt or obligation to the insurance fund of $400.00 or less is uncollectable, or that the costs of collection would equal or exceed the amount due the fund, the commissioner of community health shall execute and transmit to the state auditor accounting officer a certification which includes the following: a recapitulation of the efforts made to collect the debt or obligation; an estimate of the costs to pursue collection of the debt or obligation administratively or judicially; such other information as may be required by the procedure developed by the commissioner and the state auditor accounting officer; and a statement that further collection effort would be detrimental to the financial interests of the fund. The certification shall be made under oath or affirmation and shall be sent to the state auditor accounting officer at such times as shall be prescribed in the procedure developed by the commissioner and the state auditor accounting officer. Upon receipt of the certification, the state auditor accounting officer shall be authorized to approve the removal of such uncollectable amounts from the financial records of the fund.
SECTION 27. Said title is further amended by striking subsections (b) and (c) of Code Section 20-2924, relating to the administrative discharge of certain debts, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
(b) In order to conserve the health insurance funds, the commissioner of community health is authorized, in conjunction with the state auditor, to develop a procedure that complies with the policies prescribed by the state accounting officer for the administrative discharge of any debt or obligation due the insurance fund when such debt or obligation is $400.00 or less. This provision shall not be construed to deny to the commissioner the authority to pursue the collection of any debt, obligation, or claim in any amount whatsoever when such pursuit is in the best interest of the insurance fund. (c) Upon a formal determination that a debt or obligation to the insurance fund of $400.00 or less is uncollectable, or that the costs of collection would equal or exceed the amount due the fund, the commissioner of community health shall execute and transmit to the state auditor accounting officer a certification which includes the following: a recapitulation of the efforts made to collect the debt or obligation; an estimate of the costs to pursue collection of the debt or obligation administratively or judicially; such other information as may be required by the procedure developed by the commissioner and the state auditor accounting officer; and a statement that further collection effort would be detrimental to the financial interests of the fund. The certification shall be made under oath or affirmation and shall be sent to the state auditor accounting officer at such times as shall be prescribed in the procedure

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developed by the commissioner and the state auditor accounting officer. Upon receipt of the certification, the state auditor accounting officer shall be authorized to approve the removal of such uncollectable amounts from the financial records of the fund.
SECTION 28. Said title is further amended by striking Code Section 20-4-12, relating to expenses and mileage allowance of the State Board of Technical and Adult Education, and inserting in lieu thereof a new Code Section 20-4-12 to read as follows:
20-4-12. The members of the State Board of Technical and Adult Education who are in state employment shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which employed for all necessary expenses that may be incurred in the performance of their duties under this article in accordance with state travel regulations promulgated by the Office of Planning and Budget and the Department of Audits and Accounts State Accounting Office in the same manner that employees of the state merit system are reimbursed. For those State Board of Technical and Adult Education members who are not in state employment, the expense and mileage allowance shall be the same as that authorized for the General Assembly and shall be payable, subject to fund availability, by the State Board of Technical and Adult Education.
SECTION 29. Said title is further amended by striking subsections (b) and (c) of Code Section 20-1515, relating to the Georgia Medical Center Authority Overview Committee, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
(b) The state auditor, the state accounting officer, the Attorney General, and all other agencies of state government, upon request by the committee, shall assist the committee in the discharge of its duties set forth in this chapter. The committee may employ not more than two staff members and may secure the services of independent accountants, engineers, and consultants. (c) The Georgia Medical Center Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the charges of the committee, set forth in this chapter, may be timely and efficiently discharged. The authority shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Georgia Medical Center Authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recommendations based upon the review of the Georgia Medical Center Authority, as set forth in this chapter.

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SECTION 30. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by striking paragraph (3) of subsection (b) of Code Section 28-1-8, relating to salary and allowances of members and officers of the General Assembly, and inserting in lieu thereof a new paragraph (3) to read as follows:
(3) Notwithstanding any other provision of this subsection to the contrary, reimbursement of authorized transportation costs incurred by a member of the General Assembly for air travel inside or outside the state at any time shall be limited to the amounts provided for in the state-wide contract. As used in this paragraph, the term 'state-wide contract' means the state-wide contract for airline travel incorporated in the state travel regulations established by the Department of Audits and Accounts and the Office of Planning and Budget State Accounting Office. This limitation shall not apply, however, if the air travel is between pairs of cities not covered in the statewide contract, if no state-wide contract is in effect, if the contracted flight is other than a nonstop flight, the contracted flight would cause the member undue hardship or would conflict with the members schedule, or if passage under a state-wide contract is otherwise not reasonably available. When reimbursement is requested for an amount in excess of the amount provided in the state-wide contract, the member shall sign a statement indicating which of the foregoing exceptions applies.

SECTION 31. Said title is further amended by striking Code Section 28-10-4, relating to the cooperation of the Georgia Rail Passenger Authority, and inserting a new Code Section 28-10-4 to read as follows:
28-10-4. The Georgia Rail Passenger Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state accounting officer, and the state auditor in order that the committee may efficiently and effectively carry out its duties. The Georgia Rail Passenger Authority shall submit to the committee such reports and data as the committee shall reasonably require of said authority in order that the committee may adequately inform itself of the activities of said authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems to be in the public interest, submit to the General Assembly a report of its findings and recommendations based upon the review of the operations of the Georgia Rail Passenger Authority.

SECTION 32. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by striking subsection (b) of Code Section 34-2-6, relating to the specific powers and duties of the Commissioner of Labor, and inserting in lieu thereof a

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new subsection (b) to read as follows: (b) Upon a formal determination that a debt or obligation of a former employer who is no longer in business in the State of Georgia to the Department of Labor of $300.00 or less is uncollectable, or that the costs of collection would equal or exceed the amount due such department, the Commissioner of Labor shall execute and transmit to the state auditor accounting officer a certification which includes the following: a recapitulation of the efforts made to collect the debt or obligation; an estimate of the costs to pursue collection of the debt or obligation administratively or judicially; such other information as may be required by the procedure developed by the Commissioner of Labor and that complies with policies prescribed by the state auditor accounting officer; and a statement that further collection effort would be detrimental to the financial interests of the state. The certification shall be made under oath or affirmation and shall be sent to the state auditor accounting officer at such times as shall be prescribed in the procedure developed by the Commissioner of Labor and the state auditor accounting officer. Upon receipt of the certification, the state auditor accounting officer shall be authorized to approve the removal of such uncollectable amounts from the financial records of the Department of Labor.
SECTION 33. Said title is further amended by striking subsection (c) of Code Section 34-8-166, relating to interest on delinquent contribution payments, and inserting in lieu thereof a new subsection (c) to read as follows:
(c) The Commissioner shall file an annual report with the Attorney General, the members of the Senate Insurance and Labor Committee, and the members of the House Industrial Relations Committee stating the number of cases and the total amount of interest which is waived pursuant to this Code section. The Commissioner shall retain on file for five years a detailed statement listing the names of the employers whose interest was waived, the amount of interest waived, the number of cases, and the specified reasons for each waiver under this Code section. This statement shall be available for review by members of the General Assembly, the Attorney General, the state accounting officer, and the state auditor.
SECTION 34. Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 34-8-173, relating to the release or subordination of property subject to lien, and inserting in lieu thereof a new paragraph (2) to read as follows:
(2) The Commissioner shall file an annual report with the Attorney General, the members of the Senate Insurance and Labor Committee, and the members of the House Industrial Relations Committee, which report shall state the number of cases and the total amount of debt which is compromised under this Code section. The Commissioner shall retain on file for five years a detailed statement listing the names of the employers whose debt was compromised, the amount of debt compromised, the

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number of cases, and the specified reasons for each debt compromise under this Code section. This statement shall be available for review by members of the General Assembly, the Attorney General, the state accounting officer, and the state auditor.
SECTION 35. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking Code Section 45-7-28.1, relating to employee travel reimbursement, and inserting in its place a new Code Section 45-7-28.1 to read as follows:
45-7-28.1. (a) The Department of Audits and Accounts and the Office of Planning and Budget are authorized and directed to:
(1) Develop jointly and issue such rules and regulations governing employee travel reimbursement that promote economy and efficiency in state government and which treat employees fairly and equitably; and (2) Review such rules and regulations at least annually and revise them as necessary. (b) The agencies, boards, and commissions of this state are directed to adhere to the employee travel reimbursement rules and regulations established by the Department of Audits and Accounts and the Office of Planning and Budget unless granted an exception on an individual basis for unusual circumstances by both of the issuing agencies. The Department of Audits and Accounts is authorized and directed to include in its annual audits of the financial accounts of the state agencies, boards, and commissions any audit exception to such established rules and regulations. Reserved.
SECTION 36. Said title is further amended by striking paragraph (10) of Code Section 45-10-20, relating to definitions concerning conflicts of interest, and inserting in lieu thereof a new paragraph (10) to read as follows:
(10) 'State-wide powers' means those powers exercised by public officials which affect and influence all of state government. Public officials who exercise such powers include but are not limited to the Governor, the Lieutenant Governor, members of the General Assembly, Justices of the Supreme Court, Judges of the Court of Appeals, the Secretary of State, the Attorney General, the state auditor, the state accounting officer, the commissioner of administrative services, the commissioner of the State Merit System of Personnel Administration and members of the State Personnel Board, the director of the Office of Planning and Budget, judges of the superior courts, and district attorneys.
SECTION 37. Said title is further amended by striking subsections (b) and (c) of Code Section 45-1818, relating to the discharge of certain debts and obligations due the health insurance fund, and inserting in lieu thereof new subsections (b) and (c) to read as follows:

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(b) In order to conserve the health insurance funds, the commissioner of community
health is authorized, in conjunction with the state auditor, to develop a procedure that complies with the policies prescribed by the state accounting officer for the administrative discharge of any debt or obligation due the insurance fund when such debt or obligation is $400.00 or less. This provision shall not be construed to deny to the commissioner the authority to pursue the collection of any debt, obligation, or claim in any amount whatsoever when such pursuit is in the best interest of the insurance fund. (c) Upon a formal determination that a debt or obligation to the insurance fund of $400.00 or less is uncollectable, or that the costs of collection would equal or exceed the amount due the fund, the commissioner of community health shall execute and transmit to the state auditor accounting officer a certification which includes the following: a recapitulation of the efforts made to collect the debt or obligation; an estimate of the costs to pursue collection of the debt or obligation administratively or judicially; such other information as may be required by the procedure developed by the commissioner and the state auditor accounting officer; and a statement that further collection effort would be detrimental to the financial interests of the fund. The certification shall be made under oath or affirmation and shall be sent to the state auditor accounting officer at such times as shall be prescribed in the procedure developed by the commissioner and the state auditor accounting officer. Upon receipt of the certification, the state auditor accounting officer shall be authorized to approve the removal of such uncollectable amounts from the financial records of the fund.

SECTION 38. Said title is further amended by striking subsection (b) of Code Section 45-18-51, relating to the Employee Benefit Plan Council, and inserting in lieu thereof a new subsection (b) to read as follows:
(b) The members of the council who are in state employment shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which they are employed for all necessary expenses that may be incurred in the performance of their duties under this article in accordance with state travel regulations promulgated by the Office of Planning and Budget and the Department of Audits and Accounts State Accounting Office in the same manner that employees of the state merit system are reimbursed. For those councilmembers who are not in state employment, the expense and mileage allowance shall be the same as that authorized for the General Assembly and shall be payable, subject to fund availability, from the state merit system.
SECTION 39. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended in Code Section 47-1-14, relating to certain records of retirement systems being exempt from public disclosure, by striking paragraph (5) of subsection (e) and inserting

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in lieu thereof a new paragraph (5) to read as follows: (5) Given to the Attorney General and the Department of Law, the Office of Planning and Budget, the state accounting officer and the State Accounting Office, or the state auditor and the Department of Audits and Accounts for use and public disclosure in the ordinary performance of those officers and offices duties.
SECTION 40. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-3-23.1, relating to authorization for the state revenue commissioner to develop standards to discharge debts or obligations barred by the statute of limitations, and inserting in lieu thereof a new Code Section 48-3-23.1 to read as follows:
48-3-23.1. In order to preserve public funds and to limit efforts to collect debts or obligations barred by the statute of limitations, the commissioner is authorized to develop appropriate standards, in conjunction with the Department of Audits and Accounts, that comply with the policies prescribed by the state accounting officer which will provide a mechanism to administratively discharge any debt or obligation in favor of the department when the collection of any obligation or charge, regardless of amount, is barred by the applicable statute of limitations. Certificates identifying such uncollectable accounts shall be forwarded to the state auditor accounting officer in a manner and at such times as are reflected in the standards developed by the state auditor accounting officer and the department.
SECTION 41. Resolution Act No. 48 (Senate Resolution No. 101), approved April 19, 1979 (Ga. L. 1979, p. 1365), relating to the development, issuance, review, and revision of employee travel reimbursement policies by the Department of Audits and the Office of Planning and Budget, is repealed in its entirety.
SECTION 42. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 2005. (b) Section 11 of this Act shall become effective on June 30, 2006. (c) Section 10 of this Act shall stand repealed in its entirety on June 30, 2006.
SECTION 43. 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:

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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 22, 2005
Honorable Casey Cagle, Chairman Senate Finance Committee State Capitol, Room 121-G Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 293 (Substitute)(LC 18 4197S)
Dear Chairman Cagle:
This bill would create the State Accounting Office (SAO) and provide for a state accounting officer. The bill also amends several sections of the Official Code of Georgia to provide for certain duties, responsibilities, and functions of the State Accounting Office and to transfer certain duties and functions from the state auditor and Department of Audits and Accounts to the State Accounting Office.
The cost of this bill is estimated to total slightly more than $2 million in FY 2005, $50,600 of which consists of start-up costs for the SAO. The remaining $2 million is an increase in payment to the Georgia Technology Authority (GTA) to upgrade procurement and financial reporting software necessary to meet the requirements of the SAO. It should be noted that this upgrade cost is included in the Governor's Amended FY 2005 Budget Report.
The cost of this bill in FY 2006 is estimated to total approximately $940,000. This estimate includes partial funding for 16 new positions at $658,000, office rental and moving expenses of $243,000, and additional start-up costs of $39,000. The FY 2006 budget for the SAO also includes approximately $10 million for personnel and other operating costs transferred from the Department of Audits and Accounts, Office of Planning and Budget, and GTA.
It is also estimated that an additional $355,000 would be required to fully fund the SAO in FY 2007.

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Sincerely,

/s/ Russell W. Hinton State Auditor

/s/ Timothy A. Connell, Director Office of Planning and Budget

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 22, 2005

The Honorable Casey Cagle State Senator State Capitol, Room 121-G Atlanta, Georgia 30334
Dear Senator Cagle:

SUBJECT: State Auditor's Certification House Bill 293 (Substitute) (LC 18 4197S)

This bill creates the State Accounting Office and outlines the duties and responsibilities of the State Accounting Officer and the employees' of the State Accounting Office. With respect to the Public Retirement Systems, this bill would give the State Accounting Officer and the State Accounting Office access to records maintained by the retirement systems for use and for public disclosure in the ordinary performance of the officer's and office's duties.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law.
Respectfully,

/s/ Russell W. Hinton State Auditor

On the adoption of the substitute, the yeas were 30, nays 1, 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 E Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath E Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson N Jones Y Kemp Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell Y Reed Y Rogers
Schaefer Y Seabaugh E Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D N Thomas,R Y Thompson,C
Thompson,S Y Tolleson Y Unterman N Walker Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 43, nays 7.

HB 293, having received the requisite constitutional majority, was passed by substitute.

Senator Stephens of the 27th moved that the Senate adjourn until 10:00 a.m. Tuesday, March 15, 2005.

The motion prevailed, and the President announced the Senate adjourned at 3:13 p.m.

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Senate Chamber, Atlanta, Georgia Tuesday, March 15, 2005
Thirty-third Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Thomas of the 54th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following Bills of the House and Senate:
HB 744. By Representatives Ray of the 136th and James of the 135th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for Peach County, approved March 10, 1964 (Ga. L. 1964, p. 2627), as amended, so as to provide for filling of vacancies in the board; to repeal conflicting laws; and for other purposes.
HB 745. By Representatives Crawford of the 127th and Ray of the 136th:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of Upson County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 748. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to amend an Act incorporating the City of Toccoa, approved December 20, 1897 (Ga. L. 1897, p. 341), as amended, so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes.

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HB 751. HB 752. HB 754.
HB 757.

By Representatives Royal of the 171st, Houston of the 170th and Rynders of the 152nd:
A BILL to be entitled an Act to amend an Act re-creating the board of commissioners of Colquitt County, approved March 24, 1974 (Ga. L. 1974, p. 3078), as amended, so as to change certain provisions regarding the compensation and qualifications of the county administrator; to repeal conflicting laws; and for other purposes.
By Representative Royal of the 171st:
A BILL to be entitled an Act to amend an Act reincorporating and providing a new charter for the City of Baconton in Mitchell County, approved February 13, 1976 (Ga. L. 1976, p. 2552), as amended, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers; to provide for authority for this Act; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
By Representative Ralston of the 7th:
A BILL to be entitled an Act to create and establish the Gilmer County Building Authority, a body corporate and politic and an instrumentality of the State of Georgia; to authorize the authority to acquire, construct, equip, maintain, and operate certain projects, including buildings and facilities for use by Gilmer County for its governmental, proprietary, and administrative functions; to provide for members of the authority and their terms, organization, and reimbursement; to provide that the property of the authority shall not be subject to levy and sale; to provide that certain moneys are trust funds; to provide that this Act shall be liberally construed; to define the scope of the authoritys operation; to provide for disposition of property upon authority dissolution; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representative Hanner of the 148th:
A BILL to be entitled an Act to create and establish the GeorgetownQuitman County Charter and Unification Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter and unification commission and for the election of a chairperson; to provide for the powers and duties of said commission; to

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HB 758. HB 760. HB 766. HB 767.

provide that the charter and unification commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses of the charter and unification commission and for the payment of those expenses by the governing authorities of the City of Georgetown and the County of Quitman; to provide for all procedures and other matters connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Carter of the 159th and Burns of the 157th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Rincon," approved April 4, 1997 (Ga. L. 1997, p. 3556), as amended, so as to provide that the corporate limits of such town shall not include certain property; to repeal conflicting laws; and for other purposes.
By Representatives Freeman of the 140th and Cole of the 125th:
A BILL to be entitled an Act to abolish the office of elected county surveyor of Jones County pursuant to Code Section 36-7-2.1 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representatives Dukes of the 150th, Rynders of the 152nd and Sims of the 151st:
A BILL to be entitled an Act to amend an Act creating the Small Claims Court of Dougherty County, now the Magistrate Court of Dougherty County, approved March 24, 1976 (Ga. L. 1976, p. 3164), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 3844), so as to change the number of full-time magistrates serving in such court; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Dukes of the 150th, Rynders of the 152nd and Sims of the 151st:
A BILL to be entitled an Act to amend an Act creating the office of the County Administrator of Dougherty County, Georgia, approved March 11, 1975 (Ga. L. 1975, p. 2651), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4751), so as to change the contract purchase power of the county administrator; to repeal conflicting laws; and for other purposes.

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HB 768.

By Representatives Dukes of the 150th, Rynders of the 152nd and Sims of the 151st:
A BILL to be entitled an Act to amend an Act creating the State Court of Dougherty County, formerly known as the City Court of Albany, approved December 16, 1897 (Ga. L. 1897, p. 408), as amended, so as to change the provisions relating to the compensation of the judge of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 769.

By Representatives Borders of the 175th, Black of the 174th and Shaw of the 176th:
A BILL to be entitled an Act to amend an Act establishing the ValdostaLowndes County Conference Center and Tourism Authority, approved April 9, 1999 (Ga. L. 1999, p. 4072), so as to change the membership of the authority; to change the method of appointment for one member; to add one member; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 772.

By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st:
A BILL to be entitled an Act to authorize the City of Gainesville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the 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.

HB 773.

By Representatives Murphy of the 120th, Howard of the 121st, Warren of the 122nd, Anderson of the 123rd and Burmeister of the 119th:
A BILL to be entitled an Act to authorize the consolidated government of Augusta, Georgia, to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the 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.

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HB 774. HB 776. HB 784. HB 786. HB 787.

By Representatives Borders of the 175th, Black of the 174th and Shaw of the 176th:
A BILL To be entitled an Act to amend an Act establishing the ValdostaLowndes County Airport Authority, approved March 19, 1987 (Ga. L. 1987, p. 4495), so as to change the membership of the authority; to change the appointing authority for one member; to add one member; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Tumlin of the 38th, Manning of the 32nd, Setzler of the 35th, Johnson of the 37th, Wix of the 33rd and others:
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, so as to change the compensation of the deputy clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Byrd of the 20th, Scheid of the 22nd, Hill of the 21st and Murphy of the 23rd:
A BILL to be entitled an Act to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," approved March 7, 1955 (Ga. L. 1955, p. 2943), as amended, so as to change the provisions relating to compensation of the chairperson and members; to repeal conflicting laws; and for other purposes.
By Representatives Scheid of the 22nd, Byrd of the 20th, Murphy of the 23rd and Hill of the 21st:
A BILL to be entitled an Act to authorize the City of Woodstock 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.
By Representatives Mitchell of the 88th, Watson of the 91st, Henson of the 87th, Oliver of the 83rd, Gardner of the 57th and others:
A BILL to be entitled an Act to amend an Act providing for the

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HB 788. HB 789.
SB 49. SB 55.

compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p.3986), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p.3822), so as to change the compensation of the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Henson of the 87th, Watson of the 91st, Mangham of the 94th, Benfield of the 85th, Gardner of the 57th and others:
A BILL to be entitled an Act to amend an Act providing for the DeKalb County Board of Registrations and Elections, approved June 3, 2003 (Ga. L. 2003, p. 4200), so as to change the compensation of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Henson of the 87th, Watson of the 91st, Mangham of the 94th, Oliver of the 83rd, Sinkfield of the 60th and others:
A BILL to be entitled an Act to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L. 1974, p. 391), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4696), an Act approved April 15, 1992 (Ga. L. 1992, p. 6269), an Act approved March 27, 1995 (Ga. L. 1995, p. 3521), and an Act approved April 2, 1998 (Ga. L. 1998, p. 4075), so as to increase the amount of such supplement; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Senators Kemp of the 46th, Thompson of the 33rd, Grant of the 25th and Zamarripa of the 36th:
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.
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 change the composition of the state board of accountancy; to repeal certain provisions relating to registered public accountants; to provide that public accountants shall upon

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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 O.C.G.A.; to amend Article 13 of Chapter 1 of Title 7 of the O.C.G.A.; to amend Chapter 12 of Title 16 of the O.C.G.A.; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Senators Thomas of the 54th, Unterman of the 45th and Smith of the 52nd:
A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule I controlled substances; to change certain provisions relating to the definition of dangerous drug; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

SB 97. SB 220.

By Senators Hamrick of the 30th, Mullis of the 53rd, Kemp of the 46th, Unterman of the 45th and Tate of the 38th:
A BILL to be entitled an Act to amend Code Section 15-11-71 of the Official Code of Georgia Annotated, relating to juvenile court supervision fees, so as to provide that fees may be used for truancy intervention services; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Senator Schaefer of the 50th:
A BILL to be entitled an Act to create the Rabun County 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 and authority to promote tourism, conventions, and trade shows in Rabun County, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directorship of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to provide for legislative findings and declaration of purpose; to

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provide for general powers; to provide for regulations; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; to repeal conflicting laws; and for other purposes.

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

HR 563. By Representatives Amerson of the 9th and Reece of the 27th:

A RESOLUTION establishing Dahlonega/Lumpkin County as Georgia's Premier Sports Cycling Community; and for other purposes.

HR 566.

By Representatives Dickson of the 6th, Forster of the 3rd and Williams of the 4th:

A RESOLUTION declaring Praters Mill a Legacy of Georgia Tradition; and for other purposes.

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

SB 350. By Senator Smith of the 52nd:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Rome, approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, so as to authorize the City of Rome to exercise all redevelopment and other powers authorized or granted to municipalities under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as now or hereafter amended, and to provide for certain such powers; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 351. By Senator Kemp of the 46th:
A BILL to be entitled an Act to amend an Act establishing a City Court in the County of Clarke, formerly known as the State Court of Clarke County, Georgia, approved September 9, 1879 (Ga. L. 1878-79, p. 291), as amended, now known as the State Court of Athens-Clarke County, as redesignated by an Act approved March 2, 1990 (Ga. L. 1990, p. 3560), so as to authorize the

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court to charge a technology fee for each civil case filed and each criminal fine imposed; to specify the uses to which said technology fees may be utilized; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 352. By Senators Douglas of the 17th and Starr of the 44th:
A BILL to be entitled an Act to abolish the Board of Elections for Henry County, as established by an Act approved April 5, 1995 (Ga. L. 1995, p. 4198), establishing the same; to create a board of elections and registration for Henry County and provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for compensation of members of the board; to provide for offices and equipment; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

SB 353. By Senators Walker of the 22nd and Powell of the 23rd:
A BILL to be entitled an Act to amend an Act providing for the consolidation of Richmond County and the City of Augusta, approved March 27, 1995 (Ga. L. 1995, p. 3648), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3769), so as to provide for extending the terms of the current members of the Augusta, Georgia, Commission by one year, so that future elections for members of the commission shall be held in even-numbered years; to provide that this change shall be conditioned upon approval by the voters of Augusta, Georgia, at an election to be called and held for that purpose; to provide that in 2005 there shall be no municipal primary election; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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SB 354. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to create a board of elections and registration for Dade 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 certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SR 433. By Senator Tolleson of the 20th:
A RESOLUTION dedicating a portion of US Highway 441 within the corporate limits of the City of McRae in honor of Mayor Johnny Bradfield; and for other purposes.
Referred to the Transportation Committee.
SR 434. By Senator Tolleson of the 20th:
A RESOLUTION dedicating a portion of US Highway 341 within the corporate limits of the City of McRae as Martin Luther King, Jr., Blvd.; and for other purposes.
Referred to the Transportation Committee.
SR 435. By Senator Butler of the 55th:
A RESOLUTION urging the State of Georgia to work toward the passage of legislation that will establish a system of stroke care for all state residents stricken by stroke; and for other purposes.
Referred to the Health and Human Services Committee.

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

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HB 744. By Representatives Ray of the 136th and James of the 135th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for Peach County, approved March 10, 1964 (Ga. L. 1964, p. 2627), as amended, so as to provide for filling of vacancies in the board; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 745. By Representatives Crawford of the 127th and Ray of the 136th:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of Upson County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 748. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to amend an Act incorporating the City of Toccoa, approved December 20, 1897 (Ga. L. 1897, p. 341), as amended, so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 751. By Representatives Royal of the 171st, Houston of the 170th and Rynders of the 152nd:
A BILL to be entitled an Act to amend an Act re-creating the board of commissioners of Colquitt County, approved March 24, 1974 (Ga. L. 1974, p. 3078), as amended, so as to change certain provisions regarding the compensation and qualifications of the county administrator; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 752. By Representative Royal of the 171st:
A BILL to be entitled an Act to amend an Act reincorporating and providing a new charter for the City of Baconton in Mitchell County, approved February

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13, 1976 (Ga. L. 1976, p. 2552), as amended, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers; to provide for authority for this Act; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 754. By Representative Ralston of the 7th:
A BILL to be entitled an Act to create and establish the Gilmer County Building Authority, a body corporate and politic and an instrumentality of the State of Georgia; to authorize the authority to acquire, construct, equip, maintain, and operate certain projects, including buildings and facilities for use by Gilmer County for its governmental, proprietary, and administrative functions; to provide for members of the authority and their terms, organization, and reimbursement; to provide that the property of the authority shall not be subject to levy and sale; to provide that certain moneys are trust funds; to provide that this Act shall be liberally construed; to define the scope of the authoritys operation; to provide for disposition of property upon authority dissolution; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 757. By Representative Hanner of the 148th:
A BILL to be entitled an Act to create and establish the Georgetown-Quitman County Charter and Unification Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter and unification commission and for the election of a chairperson; to provide for the powers and duties of said commission; to provide that the charter and unification commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses of the charter and unification commission and for the payment of those expenses by the governing authorities of the City of Georgetown and the County of Quitman; to provide for all procedures and other matters connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 758. By Representatives Carter of the 159th and Burns of the 157th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Rincon," approved April 4, 1997 (Ga. L. 1997, p. 3556), as amended, so as to provide that the corporate limits of such town shall not include certain property; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 760. By Representatives Freeman of the 140th and Cole of the 125th:
A BILL to be entitled an Act to abolish the office of elected county surveyor of Jones County pursuant to Code Section 36-7-2.1 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 766. By Representatives Dukes of the 150th, Rynders of the 152nd and Sims of the 151st:
A BILL to be entitled an Act to amend an Act creating the Small Claims Court of Dougherty County, now the Magistrate Court of Dougherty County, approved March 24, 1976 (Ga. L. 1976, p. 3164), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 3844), so as to change the number of full-time magistrates serving in such court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 767. By Representatives Dukes of the 150th, Rynders of the 152nd and Sims of the 151st:
A BILL to be entitled an Act to amend an Act creating the office of the County Administrator of Dougherty County, Georgia, approved March 11, 1975 (Ga. L. 1975, p. 2651), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4751), so as to change the contract purchase power of the county administrator; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 768. By Representatives Dukes of the 150th, Rynders of the 152nd and Sims of the 151st:
A BILL to be entitled an Act to amend an Act creating the State Court of Dougherty County, formerly known as the City Court of Albany, approved December 16, 1897 (Ga. L. 1897, p. 408), as amended, so as to change the provisions relating to the compensation of the judge of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 769. By Representatives Borders of the 175th, Black of the 174th and Shaw of the 176th:
A BILL to be entitled an Act to amend an Act establishing the ValdostaLowndes County Conference Center and Tourism Authority, approved April 9, 1999 (Ga. L. 1999, p. 4072), so as to change the membership of the authority; to change the method of appointment for one member; to add one member; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 772. By Representatives Rogers of the 26th, Reece of the 27th, Mills of the 25th and Benton of the 31st:
A BILL to be entitled an Act to authorize the City of Gainesville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 773. By Representatives Murphy of the 120th, Howard of the 121st, Warren of the 122nd, Anderson of the 123rd and Burmeister of the 119th:
A BILL to be entitled an Act to authorize the consolidated government of Augusta, Georgia, to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic

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repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 774. By Representatives Borders of the 175th, Black of the 174th and Shaw of the 176th:
A BILL To be entitled an Act to amend an Act establishing the ValdostaLowndes County Airport Authority, approved March 19, 1987 (Ga. L. 1987, p. 4495), so as to change the membership of the authority; to change the appointing authority for one member; to add one member; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 776. By Representatives Tumlin of the 38th, Manning of the 32nd, Setzler of the 35th, Johnson of the 37th, Wix of the 33rd and others:
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, so as to change the compensation of the deputy clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

HB 784. By Representatives Byrd of the 20th, Scheid of the 22nd, Hill of the 21st and Murphy of the 23rd:
A BILL to be entitled an Act to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," approved March 7, 1955 (Ga. L. 1955, p. 2943), as amended, so as to change the provisions relating to compensation of the chairperson and members; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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HB 786. By Representatives Scheid of the 22nd, Byrd of the 20th, Murphy of the 23rd and Hill of the 21st:
A BILL to be entitled an Act to authorize the City of Woodstock to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 787. By Representatives Mitchell of the 88th, Watson of the 91st, Henson of the 87th, Oliver of the 83rd, Gardner of the 57th and others:
A BILL to be entitled an Act to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p.3986), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p.3822), so as to change the compensation of the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 788. By Representatives Henson of the 87th, Watson of the 91st, Mangham of the 94th, Benfield of the 85th, Gardner of the 57th and others:
A BILL to be entitled an Act to amend an Act providing for the DeKalb County Board of Registrations and Elections, approved June 3, 2003 (Ga. L. 2003, p. 4200), so as to change the compensation of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 789. By Representatives Henson of the 87th, Watson of the 91st, Mangham of the 94th, Oliver of the 83rd, Sinkfield of the 60th and others:
A BILL to be entitled an Act to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L. 1974, p. 391), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4696), an Act approved April 15, 1992 (Ga. L. 1992, p. 6269), an Act approved March 27, 1995 (Ga. L. 1995, p. 3521), and an Act approved April 2,

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1998 (Ga. L. 1998, p. 4075), so as to increase the amount of such supplement; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HR 563. By Representatives Amerson of the 9th and Reece of the 27th:
A RESOLUTION establishing Dahlonega/Lumpkin County as Georgia's Premier Sports Cycling Community; and for other purposes.
Referred to the Rules Committee.
HR 566. By Representatives Dickson of the 6th, Forster of the 3rd and Williams of the 4th:
A RESOLUTION declaring Praters Mill a Legacy of Georgia Tradition; and for other purposes.
Referred to the Rules Committee.

The following committee reports were read by the Secretary:

Mr. President:

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

HB 59 HB 183

Do Pass Do Pass

HB 240 HB 428

Do Pass Do Pass

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

Mr. President:

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

HR 427 Do Pass

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SR 82

Pursuant to Senate Rule 2-1.10(b), referred to the Senate Rules Committee from the General Calendar.

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 36 HB 296 HB 415 HB 512 HB 522 HB 570

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

HB 628 HB 650 HB 663 SB 264 SB 309 SR 376

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

Respectfully submitted, Senator Wiles of the 37th District, Chairman

Mr. President:

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

HB 442 SR 353

Do Pass Do Pass

Respectfully submitted, Senator Douglas of the 17th District, Chairman

The following legislation was read the second time: SR 326

Senator Stoner of the 6th asked unanimous consent that Senator Adelman of the 42nd be excused. The consent was granted, and Senator Adelman was excused.

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

Brown Bulloch Butler Cagle Carter Chance Chapman Douglas Fort Goggans Golden Grant Hamrick Harbison Harp Heath Henson Hill,Jack

Hill,Judson Hooks Hudgens Johnson Jones Kemp Me V Bremen Miles Moody Mullis Pearson Powell Reed Rogers Schaefer Seabaugh Seay Shafer,D

Smith Starr Staton Stephens Stoner Tate Thomas,D Thomas,R Thompson,C Thompson,S Tolleson Unterman Walker Weber Whitehead Wiles Williams Zamarripa

Not answering were Senators:

Adelman (Excused)

Balfour

The members pledged allegiance to the flag.

Senator Whitehead of the 24th introduced the chaplain of the day, Pastor Gary Porterfield of Evans, Georgia, who offered scripture reading and prayer.

Senator Hill of the 32nd introduced the doctor of the day, Dr. Charles Burton.

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

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 House:

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HB 85.

By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th and Keen of the 179th:

A BILL to be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006; and for other purposes.

The Speaker has appointed on the part of the House, Representatives Harbin of the 118th, Keen of the 179th and Burkhalter of the 50th.

Senator Henson of the 41st recognized the family of Tommy Thompson, commended by SR 172, adopted previously.

Senator Hill of the 32nd recognized Children's Healthcare of Atlanta, commended by SR 159, adopted previously.

The following resolutions were read and adopted:

SR 436. By Senators Thompson of the 5th and Balfour of the 9th:

A RESOLUTION commending the members of the Berkmar High School Academic Decathlon Team and their coach William R. Bray IV; and for other purposes.

SR 437. By Senators Miles of the 43rd, Butler of the 55th, Jones of the 10th and Thompson of the 5th:

A RESOLUTION commending the DeKalb County School Board; and for other purposes.

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

SENATE LOCAL CONSENT CALENDAR

Tuesday March 15, 2005 Thirty-third Legislative Day

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

SB 264

Bulloch of the 11th Meyer von Bremen of the 12th PATAULA CIRCUIT

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A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change certain terms of court in the Pataula Circuit; to repeal conflicting laws; and for other purposes.
Golden of the 8th THOMASVILLE, CITY OF
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Thomasville, approved March 30, 1990 (Ga. L. 1990, p. 5051), as amended, so as to change the method of filling vacancies on the board of education of the independent school district of the City of Thomasville; to provide for related matters; to repeal conflicting laws; and for other purposes.
Carter of the 13th CRISP COUNTY
A BILL to be entitled an Act to create a board of elections and registration for Crisp 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 certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Carter of the 13th LEE COUNTY
A BILL to be entitled an Act to amend an Act creating the Lee County Utilities Authority, approved April 17, 1992 (Ga. L. 1992, p. 6419), as amended, so as to change the composition of such authority; to repeal conflicting laws; and for other purposes.

HB 522 HB 628 HB 650

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Stoner of the 6th Rogers of the 21st Hill of the 32nd Thompson of the 33rd Wiles of the 37th COBB COUNTY-MARIETTA WATER AUTHORITY
A BILL to be entitled an Act to amend an Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5296), so as to amend certain provisions relating to the immunity of the authority; to repeal conflicting laws; and for other purposes.
Carter of the 13th LEE COUNTY
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Lee County, approved August 6, 1921 (Ga. L. 1921, p. 517), as amended, so as to change certain provisions regarding qualifications of members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Stoner of the 6th Rogers of the 21st Hill of the 32nd Thompson of the 33rd Wiles of the 37th 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 April 25, 2002 (Ga. L. 2002, p. 4834) and by an Act approved May 17, 2004 (Ga. L. 2004, p. 3838), so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 663

Stoner of the 6th Rogers of the 21st Hill of the 32nd Thompson of the 33rd Wiles of the 37th COBB COUNTY

A BILL to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4078), so as to change the compensation of certain employees of such office; to repeal conflicting laws; and for other purposes.

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

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

E Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort
Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson Jones Y Kemp Me V Bremen Y Miles Y Moody Mullis Y Pearson Y Powell Reed Y Rogers Y Schaefer Seabaugh Seay Y Shafer,D

Y Smith Starr
Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker
Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the local legislation, the yeas were 45, nays 0.

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

Senator Stephens of the 27th asked unanimous consent that the Senate bills passed on today's Local Consent Calendar be immediately transmitted to the House.

The consent was granted, and the Senate bills on today's Local Consent Calendar were immediately transmitted.

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

HB 85. By Representatives Richardson of the 19th, Golick of the 34th, Harbin of the 118th, Roberts of the 154th and Keen of the 179th:

A BILL to be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2005, and ending June 30, 2006; and for other purposes.

Senator Hill of the 4th asked unanimous consent that the Senate adhere to its substitute to HB 85 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 Stephens of the 27th.

The following legislation, favorably reported by the committees, as listed on the Consent Calendar for Noncontested General Legislation, was put upon its passage.

CONSENT CALENDAR FOR NONCONTESTED GENERAL LEGISLATION TUESDAY, MARCH 15, 2005
THIRTY-THIRD LEGISLATIVE DAY

HR 66

SBA regulations of certain nonprofit corporations; service area include entire state (ECD-53rd) Smith-168th

HB 212

Juvenile court; guardian ad litem; training for deprivation cases (Substitute)(JUDY-30th) Manning-32nd

HB 222

Criminal procedure; discovery in felony cases; change certain provisions (JUDY-29th) Willard-49th

HB 289

Pardons and Paroles, Board of; allow certain employees assist law enforcement (PS&HS-46th) Day-163rd

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Plumbing; licensure requirements; exception (RI&Util-49th) Rogers-26th Hybrid or alternative fuel vehicles; urge Congress allow use in high occupancy vehicle lanes (TRANS-19th) Casas-103rd

Senator Thomas of the 2nd asked unanimous consent that HB 207 be removed from the Consent Calendar for Noncontested General Legislation, and placed at the foot of today's Senate Rules Calendar.
The consent was granted and HB 207 was placed at the foot of today's Senate Rules Calendar.
The substitute to the following bill was put upon its adoption:
*HB 212:
The Senate Judiciary Committee offered the following substitute to HB 212:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 15-11-9 of the Official Code of Georgia Annotated, relating to appointment of a guardian ad litem for a child in a proceeding in juvenile court, so as to require certain training for guardians ad litem appointed for children in deprivation cases; to provide that such training shall not be in addition to current continuing legal education requirements for attorneys; to provide for exemptions in certain circumstances; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-11-9 of the Official Code of Georgia Annotated, relating to appointment of a guardian ad litem for a child in a proceeding in juvenile court, is amended by striking subsection (b) and inserting in lieu thereof the following:
(b) The court at any stage of a proceeding under this article, on application of a party or on its own motion, shall appoint a guardian ad litem for a child who is a party to the proceeding if the child has no parent, guardian, or custodian appearing on the childs behalf or if the interests of the parent, guardian, or custodian appearing on the childs behalf conflict with the childs interests or in any other case in which the interests of the child require a guardian. A party to the proceeding or the employee or representative of a party to the proceeding shall not be appointed. In deprivation cases, a person appointed as a childs guardian ad litem must have received before the appointment

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training appropriate to the role that is administered or approved by the Office of the Child Advocate, and may be an attorney or court appointed special advocate, or both, may be appointed as the childs guardian ad litem. For attorneys, the preappointment training required pursuant to this Code section shall be satisfied within attorneys existing continuing legal education obligations and shall not require attorneys to complete additional training hours in addition to those currently required by the State Bar of Georgia. The Office of the Child Advocate shall exempt from the training required by this Code section attorneys who have practiced as guardians ad litem in juvenile court deprivation proceedings for three or more years and, when such determination is made by the court, have demonstrated a proficiency in child
representation.

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 48, nays 2, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the legislation as reported, was agreed to.

On the passage of the legislation on the Consent Calendar for Noncontested General Legislation, a roll call was taken, and the vote was as follows:

E Adelman Y Balfour N Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson
Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers

Y Smith Starr
Y Staton Y Stephens Y Stoner
Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead

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Y Harbison Y Harp Y Heath Y Henson

Y Schaefer Seabaugh Seay
Y Shafer,D

Y Wiles Y Williams Y Zamarripa

On the passage of the legislation, the yeas were 48, nays 2.

The legislation on the Consent Calendar for Noncontested General Legislation, except HB 212, having received the requisite constitutional majority, was passed.

HB 212, having received the requisite constitutional majority, was passed by substitute.

At 12:18 p.m. the President announced that the Senate would stand in recess until 1:30 p.m. today.

At 1:30 p.m. the President called the Senate to order.

SENATE RULES CALENDAR TUESDAY, MARCH 15, 2005 THIRTY-THIRD LEGISLATIVE DAY

HB 499

Congressional districts; composition and election provisions (Substitute) (R&R-21st) Franklin-43rd

HB 416

Torts; asbestos or silica claims; definitions and provisions (Substitute) (JUDY-37th) Ralston-7th

HB 281

Georgia Regional Transportation Authority; amend provisions (TRANS19th) Smith-129th

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 499. By Representatives Franklin of the 43rd, Keen of the 179th and Burkhalter of the 50th:

A BILL to be entitled an Act to amend Chapter 1 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections, so as to provide for the composition and number of congressional districts; to

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provide for election of members of Congress; to provide when such members shall take office; to provide for continuation of present congressional districts until a certain time; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Rogers of the 21st.
Senator Rogers of the 21st asked unanimous consent that HB 499 be committed to the Senate Reapportionment and Redistricting Committee. The consent was granted, and HB 499 was committed to the Senate Reapportionment and Redistricting Committee.
Senator Moody of the 56th asked unanimous consent that Senator Weber of the 40th be excused. The consent was granted, and Senator Weber was excused.
Senator Cagle of the 49th asked unanimous consent that Senator Thomas of the 54th be excused. The consent was granted, and Senator Thomas was excused.
HB 416. By Representatives Ralston of the 7th, Ehrhart of the 36th, Coleman of the 144th and Parrish of the 156th:
A BILL to be entitled an Act to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide for legislative findings and purposes; to provide for applicability; to provide definitions; to provide that physical impairment shall be an essential element of an asbestos claim or a silica claim; to provide for a limitations period for filing a claim; to provide for dismissal of pending claims under certain conditions; to provide for general rules applicable to new filings; to provide for forum non conveniens; to provide for venue; to provide for joinder and consolidation of claims; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Wiles of the 37th.
The Senate Judiciary Committee offered the following substitute to HB 416:
A BILL TO BE ENTITLED AN ACT
To amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to change provisions relating to asbestos claims and silica claims; to provide for applicability; to provide definitions; to provide that physical impairment shall be an essential element of an asbestos claim or a silica claim; to provide for a limitations period for filing a claim; to provide for dismissal of pending claims under certain conditions; to

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provide for general rules applicable to new filings; to provide for forum non conveniens; to provide for venue; to provide for joinder and consolidation of claims; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by inserting at the end thereof a new Chapter 14 to read as follows:
CHAPTER 14
51-14-1. This chapter applies to any claim defined in this chapter as an asbestos claim or as a silica claim.
51-14-2. As used in this chapter, the term:
(1) 'Asbestos' means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that have been chemically treated or altered, including but not limited to all minerals defined as asbestos in 29 CFR 1910, as amended from time to time. (2) 'Asbestos claim' means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, loss of consortium, or other relief arising out of, based on, or in any way related to the health effects of exposure to asbestos, including, but not limited to:
(A) Any claim for: (i) Personal injury or death; (ii) Mental or emotional injury; (iii) Risk of disease or other injury; or (iv) The costs of medical monitoring or surveillance, to the extent such claims are recognized under state law; and
(B) Any claim made by or on behalf of an exposed person or based on that exposed persons exposure to asbestos, including a representative, spouse, parent, child, or other relative of the exposed person. For purposes of this chapter, 'asbestos claim' shall not mean a claim brought under a workers compensation law administered by this state to provide benefits, funded by a responsible employer or its insurance carrier, for occupational diseases or injuries or for disability or death caused by occupational diseases or injuries. (3) 'Asbestosis' means bilateral diffuse interstitial fibrosis of the lungs caused by inhalation of asbestos. (4) 'Board certified internist' means a qualified physician licensed to practice

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medicine who has treated or is treating the exposed person or has or had a doctorpatient relationship with the exposed person and who is currently certified by the American Board of Internal Medicine. (5) 'Board certified pathologist' means a qualified physician licensed to practice medicine who holds primary certification in anatomic pathology or combined anatomic or clinical pathology from the American Board of Pathology and whose professional practice is principally in the field of pathology and involves regular evaluation of pathology materials obtained from surgical or post-mortem specimens. (6) 'Board certified pulmonologist' means a qualified physician licensed to practice medicine who has treated or is treating the exposed person or has or had a doctorpatient relationship with the exposed person and who is currently certified by the American Board of Internal Medicine in the subspecialty of pulmonary medicine. (7) 'Certified B-reader' means a qualified physician who has successfully passed the B-reader certification examination for X-ray interpretation sponsored by the National Institute for Occupational Safety and Health and whose certification was current at the time of any readings required by this chapter. (8) 'Chest X-rays' means films taken in two views (PA and Lateral) and graded quality 1 for reading in accordance with the radiological standards established by the International Labor Office, as interpreted by a certified B-reader. (9) 'Claimant' means a party seeking recovery of damages for an asbestos claim or silica claim, including the exposed person, any other plaintiff making a claim as a result of the exposed persons exposure to asbestos or silica, counterclaimant, crossclaimant, or third-party plaintiff. If a claim is brought through or on behalf of an estate, the term includes the claimants decedent; if a claim is brought through or on behalf of a minor or incompetent, the term includes the claimants parent or guardian. (10) 'Exposed person' means any person whose exposure to asbestos or silica is the basis for an asbestos claim or a silica claim. (11) 'FEV-1' means forced expiratory volume in the first second, which is the maximal volume of air expelled in one second during performance of simple spirometric tests. (12) 'FVC' means forced vital capacity, which is the maximal volume of air expired with maximum effort from a position of full inspiration. (13) 'ILO system' means the radiological ratings of the International Labor Office set forth in Guidelines for the Use of ILO International Classification of Radiographs of Pneumoconioses, revised edition, as amended from time to time by the International Labor Office. (14) 'Lower limit of normal' means the fifth percentile of healthy populations based on age, height, and gender, as referenced in the American Medical Associations Guides to the Evaluation of Permanent Impairment, fifth edition, as amended from time to time by the American Medical Association. (15) In the context of an asbestos claim, 'prima-facie evidence of physical impairment' means:
(A) That a board certified pathologist has made a diagnosis of pleural or peritoneal

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mesothelioma, or a diagnosis of cancer demonstrated by a medical report showing the diagnosis as a primary cancer, and has signed a report certifying to a reasonable degree of medical certainty that exposure to asbestos was a substantial contributing factor to the diagnosed cancer and that it was not more probably the result of causes other than the asbestos exposure revealed by the exposed persons employment and medical histories; or (B) That a board certified internist, pulmonologist, or pathologist has signed a detailed narrative medical report and diagnosis stating that the exposed person suffers from a nonmalignant disease related to asbestos and that:
(i) Verifies that the doctor signing the detailed narrative medical report and diagnosis or a medical professional employed by and under the direct supervision and control of that doctor has taken:
(I) A detailed occupational and exposure history from the exposed person or, if that person is deceased, from the person most knowledgeable about the exposures that form the basis for the action. The history shall include all of the exposed persons principal employments and his or her exposures to airborne contaminants that can cause pulmonary impairment, including, but not limited to, asbestos, silica, and other disease-causing dusts, and the nature, duration, and level of any such exposure; and (II) A detailed medical and smoking history that includes a thorough review of the exposed persons past and present medical problems and their most probable cause; (ii) Sets out the details of the occupational, medical, and smoking histories and verifies that at least 15 years have elapsed between the exposed persons first exposure to asbestos and the time of diagnosis; (iii) Verifies that the exposed person has: (I) An ILO quality 1 chest X-ray taken in accordance with all applicable state and federal regulatory standards, and that the X-ray has been read by a certified B-reader according to the ILO system of classification as showing bilateral small irregular opacities (s, t, or u) graded 1/1 or higher or bilateral diffuse pleural thickening graded b2 or higher including blunting of the costophrenic angle; provided, however, that in a death case where no pathology is available, the necessary radiologic findings may be made with a quality 2 film if a quality 1 film is not available; or (II) Pathological asbestosis graded 1(B) or higher under the criteria published in the Asbestos-Associated Diseases, Special Issue of the Archives of Pathological and Laboratory Medicine, Volume 106, Number 11, Appendix 3, as amended from time to time; (iv) Verifies that the exposed person has pulmonary impairment related to asbestos as demonstrated by pulmonary function testing, performed using equipment, methods of calibration, and techniques that meet the criteria incorporated in the American Medical Associations Guides to the Evaluation of Permanent Impairment, fifth edition, and reported as set forth in 20 CFR 404,

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Subpt. P. App 1, Part (A) Section 3.00 (E) and (F), as amended from time to time by the American Medical Association, and the interpretative standards of the American Thoracic Society, Lung Function Testing: Selection of Reference Values and Interpretive Strategies, 144 Am. Rev. Resp. Dis. 1202-1218 (1991), as amended from time to time by the American Thoracic Society, that shows:
(I) Forced vital capacity below the lower limit of normal and FEV1/FVC ratio, using actual values, at or above the lower limit of normal; or (II) Total lung capacity, by plethysmography or timed gas dilution, below the lower limit of normal; and (v) Verifies that the doctor signing the detailed narrative medical report and diagnosis has concluded that exposure to asbestos was a substantial contributing factor to the exposed persons medical condition and physical impairment and that they were not more probably the result of other causes revealed by the exposed persons employment and medical histories. Copies of the B-reading, the pulmonary function tests, including printouts of the flow volume loops and all other elements required to demonstrate compliance with the equipment, quality, interpretation, and reporting standards set forth herein, and the diagnosing physicians detailed narrative medical report and diagnosis shall be attached to any complaint alleging nonmalignant disease related to exposure to asbestos. All such reports, as well as all other evidence used to establish prima-facie evidence of physical impairment, must meet objective criteria for generally accepted medical standards related to exposure to asbestos and must not be obtained through testing or examinations that violate any applicable law, regulation, licensing requirement, or medical code of practice. Failure to attach the required reports or demonstration by any party that the reports do not satisfy the standards set forth herein shall result in the dismissal of the action, without prejudice, upon motion of any party. (16) In the context of a silica claim, 'prima-facie evidence of physical impairment' means: (A) A written diagnosis of silica related lung cancer demonstrated by: (i) A medical report showing the diagnosis as a diagnosis of a primary lung cancer; and (ii) A signed report certified by a board certified internist, pulmonologist, or pathologist stating to a reasonable degree of medical probability that exposure to silica was the cause of the diagnosed lung cancer with underlying silicosis demonstrated by bilateral nodular opacities (p, q, or r) occurring primarily in the upper lung fields, graded 1/1 or higher and not more probably the result of causes other than the silica exposure revealed by the exposed persons employment and medical histories; (B) A written diagnosis of silica related progressive massive fibrosis or acute silicoproteinosis; or silicosis complicated by documented tuberculosis, demonstrated by a signed report certified by a board certified internist, pulmonologist, or pathologist; or

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(C) That a board certified internist, pulmonologist, or pathologist has signed a detailed narrative medical report and diagnosis stating that the exposed person suffers from other stages of nonmalignant disease related to silicosis other than those set forth in subparagraphs (A) and (B) of this paragraph, and that:
(i) Verifies that the doctor signing the detailed narrative medical report and diagnosis or a medical professional employed by and under the direct supervision and control of that doctor has taken:
(I) A detailed occupational and exposure history from the exposed person or, if that person is deceased, from the person most knowledgeable about the exposures that form the basis for the action. The history shall include all of the exposed persons principal employments and his or her exposures to airborne contaminants that can cause pulmonary impairment, including, but not limited to, asbestos, silica, and other disease-causing dusts, and the nature, duration, and level of any such exposure; and (II) A detailed medical and smoking history that includes a thorough review of the exposed persons past and present medical problems and their most probable cause; (ii) Sets out the details of the occupational, medical, and smoking histories and verifies a sufficient latency period for the applicable stage of silicosis; (iii) Verifies that the exposed person has at least Class 2 or higher impairment due to silicosis, as set forth in the American Medical Associations Guides to the Evaluation of Permanent Impairment, fifth edition, as amended from time to time; and (I) An ILO quality 1 chest X-ray taken in accordance with all applicable state and federal regulatory standards, and that the X-ray has been read by a certified B-reader according to the ILO system of classification as showing bilateral nodular opacities (p, q, or r) occurring primarily in the upper lung fields, graded 1/1 or higher; provided, however, that in a death case where no pathology is available, the necessary radiologic findings may be made with a quality 2 film if a quality 1 film is not available; or (II) Pathological demonstration of classic silicotic nodules exceeding 1 centimeter in diameter as set forth in Archives of Pathological & Laboratory Medicine, July, 1988, as amended from time to time; and (iv) Verifies that the doctor signing the detailed narrative medical report and diagnosis has concluded that the exposure to silica is a substantial contributing factor to the exposed persons medical condition and physical impairment and that they were not more probably the result of other causes revealed by the exposed persons employment and medical history. Copies of the B-reading, the pulmonary function tests, including printouts of the flow volume loops and all other elements required to demonstrate compliance with the equipment, quality, interpretation, and reporting standards set forth herein, and the diagnosing physicians detailed narrative medical report and diagnosis shall be attached to any complaint alleging nonmalignant disease related to exposure to

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silicosis. All such reports, as well as all other evidence used to establish prima-facie evidence of physical impairment, must meet objective criteria for generally accepted medical standards related to exposure to silica and must not be obtained through testing or examinations that violate any applicable law, regulation, licensing requirement, or medical code of practice. Failure to attach the required reports or demonstration by any party that the reports do not satisfy the standards set forth herein shall result in the dismissal of the action, without prejudice, upon motion of any party. (17) 'Qualified physician' means a medical doctor, who:
(A) Spends no more than 10 percent of his or her professional practice time in providing consulting or expert services in connection with actual or potential civil actions, and whose medical group, professional corporation, clinic, or other affiliated group earns not more than 20 percent of its revenues from providing such services; (B) Receives or received payment for the treatment of the exposed person from that person or from that persons health maintenance organization or other medical provider; and (C) Does not require as a condition of diagnosing, examining, testing, screening, or treating the exposed person that legal services be retained by the exposed person or any other person pursuing an asbestos or silica claim based on the exposed persons exposure to asbestos or silica. (18) 'Silica' means a group of naturally occurring crystalline forms of silicon dioxide, including, but not limited to, quartz and silica sand, whether in the form of respirable free silica or any quartz-containing or crystalline silica-containing dust, in the form of a quartz-containing by-product or crystalline silica-containing by-product, or dust released from individual or commercial use, release, or disturbance of silica sand, silicon dioxide, or crystalline-silica containing media, consumables, or materials. (19) 'Silica claim' means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, loss of consortium, or other relief arising out of, based on, or in any way related to the health effects of exposure to silica, including, but not limited to: (A) Any claim for:
(i) Personal injury or death; (ii) Mental or emotional injury; (iii) Risk of disease or other injury; or (iv) The costs of medical monitoring or surveillance, to the extent such claims are recognized under state law; and (B) Any claim made by or on behalf of any exposed person or based on that exposed persons exposure to silica, including a representative, spouse, parent, child, or other relative of the exposed person. For purposes of this chapter, 'silica claim' shall not mean a claim brought under a workers compensation law administered by this state to provide benefits, funded by a responsible employer or its insurance carrier, for occupational diseases or injuries or

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for disability or death caused by occupational diseases or injuries. (20) 'Silicosis' means nodular interstitial fibrosis of the lung produced by inhalation of silica. (21) 'Total lung capacity' means the volume of gas contained in the lungs at the end of a maximal inspiration.
51-14-3. (a) Prima-facie evidence of physical impairment of the exposed person as defined in paragraph (15) or (16) of Code Section 51-14-2 shall be an essential element of an asbestos claim or silica claim. (b) No person shall bring or maintain a civil action alleging an asbestos claim or silica claim in the absence of prima-facie evidence of physical impairment resulting from a medical condition for which exposure to asbestos or silica was a substantial contributing factor.
51-14-4. Notwithstanding any other provision of law, with respect to any asbestos claim or silica claim not barred as of the effective date of this chapter, the limitations period shall not begin to run until the exposed person or any plaintiff making an asbestos claim or silica claim based on the exposed persons exposure to asbestos or silica discovers, or through the exercise of reasonable diligence should have discovered, that the exposed person is or was physically impaired as defined in paragraph (15) or (16) of Code Section 51-142.
51-14-5. (a) Any asbestos claim or silica claim pending in this state on the effective date of this chapter shall be dismissed within 180 days of the effective date of this chapter without prejudice unless:
(1) All parties stipulate by no less than 60 days prior to the commencement of trial that the plaintiff has established prima-facie evidence of physical impairment with respect to an asbestos claim or silica claim; or (2) The trial court in which the complaint was initially filed issues an order that the plaintiff has established prima-facie evidence of physical impairment with respect to an asbestos claim or silica claim. Such an order shall be issued only if the following conditions and procedures are met:
(A) By no less than 60 days prior to the commencement of trial, the plaintiff files with the trial court and serves on each defendant named in the complaint or on counsel designated by each defendant the medical documentation necessary to establish prima-facie evidence of physical impairment; (B) Within 30 days of service of plaintiffs documentation establishing prima-facie evidence of physical impairment, any defendant may file an opposition with the trial court challenging plaintiffs prima-facie evidence of physical impairment. To the extent any such opposition is based upon the medical opinion of a licensed

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physician, that physician shall be a qualified physician, as that term is defined in subparagraph (A) of paragraph (17) of Code Section 51-14-2, and shall be either a board certified internist, a board certified pathologist, a board certified pulmonologist, or a certified B-reader. Defendants opposition shall be filed with the trial court and served on plaintiffs counsel and each defendant; (C) If a defendant does not file an opposition within the time permitted, the trial court shall determine if the plaintiff has established prima-facie evidence of physical impairment in a timely manner based on the papers and documentation submitted to the trial court; (D) If a defendant files an objection, then within ten days of service of defendants opposition, the plaintiff may file a reply with the trial court. The reply must be served on each defendant; and (E) The trial court shall determine if the plaintiff has established prima-facie evidence of physical impairment in a timely manner based on the papers and documentation submitted to the trial court. A hearing will be conducted only if the trial court so orders on its own motion, or if, in the exercise of discretion, the trial court grants a partys request for a hearing. No testimony shall be taken at the hearing. A decision of the trial court not to grant a request for a hearing may not be appealed and does not constitute reversible error. If the trial court determines that the plaintiff has failed to establish prima-facie evidence of physical impairment, it shall dismiss the plaintiffs complaint without prejudice; or (3) In the event a trial is scheduled to commence in less than 60 days from the effective date of this chapter, a trial court can shorten the deadlines contained in this subsection as necessary in order to make a determination regarding the prima-facie evidence of physical impairment before trial commences. (b)(1) The plaintiff in any asbestos claim or silica claim filed in this state on or after the effective date of this chapter shall file together with the complaint a medical affidavit and accompanying documentation setting forth the medical findings necessary to establish prima-facie evidence of physical impairment as provided in paragraph (15) or (16) of Code Section 15-14-2. In addition, the plaintiffs complaint shall allege with specificity that the plaintiff satisfies the prima-facie evidence of physical impairment with respect to an asbestos claim or silica claim. (2) Within 90 days of service of plaintiffs complaint, any defendant may file an opposition with the trial court challenging plaintiffs prima-facie evidence of physical impairment. To the extent any such opposition is based upon the medical opinion of a licensed physician, that physician shall be a qualified physician, as that term is defined in subparagraph (A) of paragraph (17) of Code Section 51-14-2, and shall be either a board certified internist, a board certified pathologist, a board certified pulmonologist, or a certified B-reader. Defendants opposition shall be filed with the trial court and served on plaintiffs counsel and each defendant. (3) If the defendant does not file an opposition challenging plaintiffs prima-facie evidence of physical impairment within the time permitted, the trial court shall determine if the plaintiff has established prima-facie evidence of physical impairment

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based on the papers and documentation submitted to the trial court. The trial courts decision shall be made in a timely manner. (4) If the defendant files an objection, the plaintiff may file a reply with the trial court within ten days of service of defendants opposition. The reply must be served on each defendant. (5) The trial court shall determine if the plaintiff has established prima-facie evidence of physical impairment with respect to an asbestos claim or silica claim in a timely manner based on the papers and documentation submitted to the trial court. A hearing will be conducted only if the trial court so orders on its own motion, or if, in the exercise of discretion, the trial court grants a partys request for a hearing. No testimony shall be taken at the hearing. A decision of the trial court not to grant a request for a hearing may not be appealed and does not constitute reversible error. If the trial court determines that the plaintiff has failed to establish prima-facie evidence of physical impairment, it shall dismiss the plaintiffs complaint without prejudice.
51-14-6. (a) All asbestos claims and silica claims filed in this state on or after the effective date of this chapter shall include a sworn information form containing the following information:
(1) The exposed persons name, address, date of birth, social security number, and marital status; (2) If the exposed person alleges exposure to asbestos or silica through the testimony of another person or other than by direct or bystander exposure to a product or products, the name, address, date of birth, social security number, and marital status for each person by which claimant alleges exposure, hereafter the 'index person,' and the claimants relationship to each person; (3) The specific location of each alleged exposure; (4) The specific asbestos-containing product or silica-containing product to which the exposed person was exposed and the manufacturer of each product; (5) The beginning and ending dates of each alleged exposure as to each asbestoscontaining product or silica-containing product for each location at which exposure allegedly took place for plaintiff and for each index person; (6) The occupation and name of employer of the exposed person at the time of each alleged exposure; (7) The specific condition related to asbestos or silica claimed to exist; and (8) Any supporting documentation of the condition claimed to exist. (b) All asbestos claims and silica claims along with sworn information forms must be individually filed in separate civil actions except that claims relating to the exposure to asbestos or silica for the same exposed person whose alleged injury is the basis for the civil action may be joined in a single action. Otherwise, no claims on behalf of a group or class of persons shall be joined in single civil action.

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51-14-7. (a) Until such time as the trial court enters an order determining that the plaintiff has established prima-facie evidence of physical impairment, no asbestos claim or silica claim shall be subject to discovery, except discovery related to establishing or challenging the prima-facie evidence of physical impairment or by order of the trial court upon motion of one of the parties and for good cause shown. (b) The medical criteria set forth in this chapter to establish prima-facie evidence of physical impairment are solely for the purpose of determining whether a claim meets the criteria to proceed in court. The fact that a plaintiff satisfies the criteria necessary to establish prima-facie evidence of physical impairment for an asbestos claim or silica claim shall not be construed as an admission or determination that the exposed person in fact has a condition related to exposure to asbestos or silica and shall not be cited, referred to, or otherwise used at trial. (c) Unless stipulated to by the parties, an expert report submitted for the purpose of establishing or challenging prima-facie evidence of physical impairment is inadmissible for any other purpose.
51-14-8. (a) Notwithstanding Code Section 1-2-6 or 1-2-10, a civil action alleging an asbestos claim or silica claim may only be brought or maintained in the courts of Georgia if the plaintiff, whether a citizen of Georgia or a citizen of some other state, is a resident of Georgia at the time of filing the action or the exposure to asbestos or silica on which the claim is based occurred in Georgia; provided, however, nothing contained in this chapter shall preclude a nonresident of Georgia who currently has a case pending in this state on the effective date of this chapter from maintaining an asbestos claim or silica claim if that nonresident can establish prima-facie evidence of physical impairment with respect to an asbestos claim or silica claim as provided in paragraph (15) or (16) of Code Section 51-14-2. (b) The trial court, on motion of a defendant, shall dismiss each asbestos claim or silica claim that is subject to this chapter against the defendant unless the plaintiff files a written statement with the trial court electing to abate the plaintiffs claim against the defendant for a period of 180 days from the date the trial court disposes of the defendants motions in order to afford the plaintiff an opportunity to file a new action on the claims in another state of the United States.
(c)(1) A trial court may not abate or dismiss a claim under this Code section until the defendant files with the trial court or with the clerk of the court a written stipulation that, with respect to a new action on the claim commenced by the plaintiff, the defendant waives the right to assert a statute of limitations defense in all other states of the United States in which the claim was not barred by limitations at the time the claim was filed in this state as necessary to effect a tolling of the limitations periods in those states beginning on the date the claim was filed in this state and ending on the date the claim is dismissed or the period of abatement ends. The fact that a claim subject to this Code section was barred by the statute of limitations in all other states

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of the United States at the time it was filed in this state shall not prevent the claim from being dismissed pursuant to this Code section and such claim shall be dismissed even if it can not be filed in another state. The trial court may not abate or dismiss a claim under this Code section until the defendant files with the trial court or with the clerk of the court a written stipulation that, with respect to a new action on the claim commenced by the plaintiff in another state of the United States, the plaintiff may elect that the plaintiff and the defendant may rely on responses to discovery already provided under the Georgia Civil Practice Act, plus any additional discovery that may be conducted under the rules of civil procedure in another state, or use responses to discovery already provided and conduct additional discovery as permitted under the rules of civil procedure in such other state. (2) If less than all of the defendants agree to provide the stipulations set forth in paragraph (1) of this subsection, then the court shall dismiss the claims of those defendants who so stipulate. (d) To comply with this Code section in relation to an action that involves both claims that arose in this state and claims that arose outside this state, a trial court shall consider each claim individually and shall sever from the action the claims that are subject to this Code section. (e) If a plaintiff alleges that the exposed person was exposed to asbestos or silica while located in more than one jurisdiction, the trial court shall determine, for purposes of this Code section, which of the jurisdictions is the most appropriate forum for the claim, considering the relative amounts and lengths of the exposed persons exposure to asbestos or silica in each jurisdiction.
51-14-9. Notwithstanding any other provision of law, an asbestos claim or silica claim that meets the requirements of this chapter permitting a claim to be filed in this state may only be filed in the county where the plaintiff resides or the county in which the exposure to asbestos or silica on which the claim is based occurred and that exposure was a substantial contributing factor to the physical impairment of the exposed person on which the plaintiffs claim is based. If a plaintiff alleges that an exposed person was exposed to asbestos or silica while located in more than one county, the trial court shall determine which of the counties is the most appropriate forum for the claim, considering the relative amounts and lengths of the exposed persons exposure to asbestos or silica in each of those counties.
51-14-10. A trial court may consolidate for trial any number and type of asbestos claims or silica claims with the consent of all the parties. In the absence of such consent, the trial court may consolidate for trial only asbestos claims or silica claims relating to the same exposed person and members of his or her household.

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SECTION 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and applies to all asbestos claims or silica claims filed on or after the effective date and to any pending asbestos claims or silica claims in which trial has not commenced as of the effective date.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 40, 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 N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer

Y Smith Y Starr Y Staton Y Stephens Y Stoner N Tate E Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Walker E Weber Y Whitehead Y Wiles

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Y Harp Y Heath Y Henson

Y Seabaugh Y Seay Y Shafer,D

Y Williams Y Zamarripa

On the passage of the bill, the yeas were 47, nays 6.

HB 416, having received the requisite constitutional majority, was passed by substitute.

HB 281. By Representatives Smith of the 129th, Loudermilk of the 14th, Graves of the 12th, Floyd of the 147th and Mosley of the 178th:

A BILL to be entitled an Act to amend Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Regional Transportation Authority, so as to provide for additional powers to enter upon certain lands; to provide for procedures and conditions; to provide for a sales and use tax exemption with respect to property purchased by or used by the authority; to provide that no provision of Chapter 7 of Title 46 shall apply to any bus, other motor vehicle, or rapid rail system of the authority which provides transit services; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Williams of the 19th.

The following Fiscal Note, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS AND ACCOUNTS 254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400

February 14, 2005

Russell W. Hinton State Auditor (404) 656-2174

Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334

SUBJECT: Fiscal Note House Bill 281 (LC 18 4014)
Dear Chairman O'Neal: This bill would provide for a sales and use tax exemption on property purchased or used

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by the Georgia Regional Transportation Authority (GRTA).

The Georgia State University Fiscal Research Center estimated the annual revenue loss to the state at $600,000. The Center indicated that the estimated annual revenue loss to local governments is also $600,000. The estimated revenue loss is based on reported sales tax payments made by GRTA. Based on the pattern of coach purchases by GRTA, annual revenue loss is expected to remain relatively constant over the next several years.

Sincerely, /s/ Russell W. Hinton
State Auditor

/s/ Timothy A. Connell, Director Office of Planning and Budget

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner
Tate E Thomas,D N Thomas,R
Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker E Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 2.

HB 281, having received the requisite constitutional majority, was passed.

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The following bill was taken up to consider House action thereto:
SB 97. By Senators Hamrick of the 30th, Mullis of the 53rd, Kemp of the 46th, Unterman of the 45th and Tate of the 38th:
A BILL to be entitled an Act to amend Code Section 15-11-71 of the Official Code of Georgia Annotated, relating to juvenile court supervision fees, so as to provide that fees may be used for truancy intervention 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 Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to amend certain provisions relating to court supervision fees; 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 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, or both; (3) Counseling and diagnostic testing; (4) Mediation; (5) Transportation to and from court ordered services; (6) Truancy intervention services; (6)(7) Restitution programs; and (7)(8) Job development or work experience programs. (b) The juvenile court may order each delinquent or unruly child who receives 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

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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 or the Department of Juvenile Justice.

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Hamrick of the 30th moved that the Senate agree to the House substitute to SB 97.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate E Thomas,D N Thomas,R

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Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Miles Y Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker E Weber
Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 51, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 97.

The Calendar was resumed.

HB 207. By Representative Rogers of the 26th:

A BILL to be entitled an Act to amend Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions relative to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to revise a definition; to provide an exception to plumbing licensure requirements; to repeal conflicting laws; 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 Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate E Thomas,D N Thomas,R Y Thompson,C Y Thompson,S

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Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath N Henson

Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Tolleson Y Unterman Y Walker E Weber
Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 50, nays 2.

HB 207, having received the requisite constitutional majority, was passed.

Senator Stephens of the 27th moved that the Senate stand adjourned pursuant to HR 487 until 10:00 a.m. Thursday, March 17, 2005; the motion prevailed, and at 2:13 p.m. the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Thursday, March 17, 2005
Thirty-fourth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following Bills of the House and Senate:
HB 780. By Representative Morris of the 155th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3927), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 795. By Representative McCall of the 30th:
A BILL to be entitled an Act to amend an Act reconstituting and recreating the board of education of Elbert County, approved February 13, 1986 (Ga. L. 1986, p. 3578), as amended, particularly by an Act approved February 9, 1990 (Ga. L. 1990, p. 3508), so as to provide for compensation of board members; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 798. HB 805. HB 806.
SB 99.

By Representatives Bridges of the 10th and Reece of the 27th:
A BILL to be entitled an Act to provide that the board of education of White County shall reimburse any member of the board for any increase in contributions to the state health benefit plan he or she is required to pay as a result of the boards decision to allow such coverage for its members; to repeal conflicting laws; and for other purposes.
By Representatives Cole of the 125th and Ray of the 136th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Monroe County, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, so as to repeal certain provisions relating to the powers and duties of the clerk of the board of commissioners; to repeal certain provisions relating to quarterly financial statements; to repeal conflicting laws; and for other purposes.
By Representatives Abdul-Salaam of the 74th, Heckstall of the 62nd, Jordan of the 77th and Sinkfield of the 60th:
A BILL to be entitled an Act to amend an Act creating the Clayton County Board of Commissioners, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved February 19, 1992 (Ga. L. 1992, p. 4335), by an Act approved March 30, 1993 (Ga. L. 1993, p. 4335), and by an Act approved April 18, 2002 (Ga. L. 2002, p. 4018), so as to increase the membership of the board to seven members; to provide for the election of the two additional members of the board; to provide for terms of office; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Senators Moody of the 56th, Butler of the 55th and Reed of the 35th:
A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, particularly by an Act approved March 16, 1971 (Ga. L. 1971, p. 2092), so as to change certain provisions regarding violations of the code of ethics; to add a certain provision regarding the removal of a member of the board of directors for violation of certain provisions regarding conflicts of interest; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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1660 SB 124.
SB 129.
SB 197.

JOURNAL OF THE SENATE
By Senators Seabaugh of the 28th, Johnson of the 1st, Balfour of the 9th and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to residential and general contractors, so as to change the method of appointing certain members of the board; to provide for certain qualifications concerning licensing for board members; to provide for the time for appointing members of the board; to provide for the time for filing of applications for exemption from examination; to provide for the time for filing applications for certain licensing; to amend Section 2 of an Act approved May 14, 2004 (Ga. L. 2004, p. 786), so as to change the effective date of such Act; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Senators Adelman of the 42nd, Weber of the 40th, Moody of the 56th, Miles of the 43rd and Zamarripa of the 36th:
A BILL to be entitled an Act to amend Code Section 16-12-120 of the O.C.G.A., relating to conduct in public transit buses, rapid rail cars, and rapid rail or intermodal bus stations, so as to provide that it shall be unlawful to solicit money or sell goods or services for a fee to the operator or passengers of a public transit bus or rapid rail car within the confines of such vehicle or inside the paid area of a rapid rail or intermodal bus station; to provide that it shall be unlawful to distribute certain materials to the operator or passengers of a public transit bus or rapid rail car within the confines of such vehicle or within the paid area of any rapid rail station or intermodal bus station; to provide for penalties; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Senator Thompson of the 33rd:
A BILL to be entitled an Act to amend a former local constitutional amendment, Ga. L. 1976, p. 1908, which former local constitutional amendment was continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution of Georgia and which provided a homestead exemption from City of Powder Springs ad valorem taxes for municipal purposes in the amount of $2,000.00 of the assessed value of the homestead for resident homeowners of that city and a homestead exemption from City of Powder Springs ad valorem taxes for municipal purposes in the amount of $4,000.00 of the assessed value of the homestead for resident homeowners who are 65 years of age or over, so as to increase the amount

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of the $4,000.00 homestead exemption to $12,000.00; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; 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 107.

By Senators Williams of the 19th, Tolleson of the 20th, Hill of the 4th, Powell of the 23rd and Grant of the 25th:

A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to add an additional route to the Developmental Highway System; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 121.

By Senators Moody of the 56th, Shafer of the 48th, Hill of the 32nd, Williams of the 19th, Rogers of the 21st and others:

A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required, so as to exempt records of the State Road and Tollway Authority that would reveal the identity, financial accounts, or travel history of an individual who is a motorist on a tollway project; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 134.

By Senators Kemp of the 46th, Harbison of the 15th, Fort of the 39th, Zamarripa of the 36th and Stephens of the 27th:

A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the Department of Juvenile Justice operate certain programs for persons who violate the terms and conditions of probation; to provide that the Department of Juvenile Justice operate certain community based alternative programs under certain circumstances; to change provisions relating to disposition of a delinquent child; to provide for related matters; to repeal conflicting laws; and for other purposes.

The House has adopted by the requisite constitutional majority the following Resolution of the Senate:

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SR 33.

By Senators Balfour of the 9th, Unterman of the 45th, Shafer of the 48th, Harp of the 29th, Thompson of the 5th and others:

A RESOLUTION approving the creation of a new four-year college in Gwinnett County by the Board of Regents of the University System of Georgia; and for other purposes.

The House has passed, as amended, by the requisite constitutional majority the following Bill of the Senate:

SB 100.

By Senators Hamrick of the 30th, Thompson of the 33rd, Johnson of the 1st and Starr of the 44th:

A BILL to be entitled an Act to amend Chapter 8 of Title 16 of the O.C.G.A., relating to offenses involving theft, so as to provide for the "Georgia Residential Mortgage Fraud Act"; to provide a short title; to provide for definitions; to define the criminal offense of residential mortgage fraud; to provide for venue; to provide penalties; to authorize district attorneys and the Attorney General to investigate and prosecute cases of residential mortgage fraud; to provide for the forfeiture of real and personal property; to amend Chapter 14 of Title 16 of the O.C.G.A., the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," so as to include residential mortgage fraud within the definition of racketeering activity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Senate legislation was introduced, read the first time and referred to committee:

SB 355. By Senators Seay of the 34th and Starr of the 44th:

A BILL to be entitled an Act to amend an Act providing a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, approved March 4, 1977 (Ga. L. 1977, p. 2856), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 4127), so as to change the amount of such county supplement; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

SB 356. By Senator Staton of the 18th:

A BILL to be entitled an Act to provide that future elections for the office of

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probate judge of Bibb County shall be nonpartisan elections held at the time of certain general primary elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 357. By Senator Powell of the 23rd:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Blythe, approved April 29, 1997 (Ga. L.1997, p. 4491), as amended, so as to change a provision relating to removal or suspension of appointed officers and directors; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 358. By Senator Grant of the 25th:
A BILL to be entitled an Act to provide for a homestead exemption from Baldwin County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for residents of that county who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 359. By Senator Grant of the 25th:
A BILL to be entitled an Act to provide for a homestead exemption from Baldwin 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 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.

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The following House legislation was read the first time and referred to committee:
HB 780. By Representative Morris of the 155th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3927), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 795. By Representative McCall of the 30th:
A BILL to be entitled an Act to amend an Act reconstituting and recreating the board of education of Elbert County, approved February 13, 1986 (Ga. L. 1986, p. 3578), as amended, particularly by an Act approved February 9, 1990 (Ga. L. 1990, p. 3508), so as to provide for compensation of board members; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 798. By Representatives Bridges of the 10th and Reece of the 27th:
A BILL to be entitled an Act to provide that the board of education of White County shall reimburse any member of the board for any increase in contributions to the state health benefit plan he or she is required to pay as a result of the boards decision to allow such coverage for its members; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 805. By Representatives Cole of the 125th and Ray of the 136th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Monroe County, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, so as to repeal certain provisions relating to the powers and duties of the clerk of the board of commissioners; to repeal certain provisions

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relating to quarterly financial statements; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 806. By Representatives Abdul-Salaam of the 74th, Heckstall of the 62nd, Jordan of the 77th and Sinkfield of the 60th:

A BILL to be entitled an Act to amend an Act creating the Clayton County Board of Commissioners, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved February 19, 1992 (Ga. L. 1992, p. 4335), by an Act approved March 30, 1993 (Ga. L. 1993, p. 4335), and by an Act approved April 18, 2002 (Ga. L. 2002, p. 4018), so as to increase the membership of the board to seven members; to provide for the election of the two additional members of the board; to provide for terms of office; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

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 196 HB 201 HB 452

Do Pass Do Pass Do Pass

Respectfully submitted, Senator Bulloch of the 11th District, Chairman

Mr. President:

The Economic Development Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 346 HB 374

Do Pass Do Pass by substitute

HB 539 HR 142

Do Pass Do Pass

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JOURNAL OF THE SENATE

HB 526 Do Pass

Respectfully submitted, Senator Mullis of the 53rd District, Chairman

Mr. President:

The Education 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 26 HB 27 HB 180 HB 372

Do Pass Do Pass Do Pass Do Pass

HB 669 HB 678 HR 50

Do Pass Do Pass Do Pass

Respectfully submitted, Senator Moody of the 56th 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 116 HB 211 HB 306 HB 312

Do Pass by substitute Do Pass Do Pass as amended Do Pass as amended

HB 389 HB 406 HB 487 HB 488

Do Pass Do Pass Do Pass by substitute Do Pass

Respectfully submitted, Senator Cagle of the 49th District, Chairman

Mr. President:

The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 246 HB 266 HB 309 HB 390 HB 392

Do Pass

HB 394 Do Pass by substitute

Do Pass by substitute

HB 467 Do Pass

Do Pass by substitute

HB 608 Do Pass by substitute

Do Pass

HB 643 Do Pass

Do Pass

Respectfully submitted,

Senator Thomas of the 54th District, Chairman

THURSDAY, MARCH 17, 2005

1667

Mr. President:

The Higher Education Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 298 HB 340

Do Pass by substitute Do Pass by substitute

Respectfully submitted, Senator Harp of the 29th District, Chairman

Mr. President:

The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 200 HB 275 HB 291 HB 320 HB 327

Do Pass by substitute

HB 407 Do Pass by substitute

Do Pass

HB 418 Do Pass

Do Pass

HB 425 Do Pass by substitute

Do Pass by substitute

HB 520 Do Pass by substitute

Do Pass

Respectfully submitted,

Senator Hudgens of the 47th District, Chairman

Mr. President:

The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 195 HB 216 HB 307

Do Pass Do Pass by substitute Do Pass

HB 347 HB 366 SR 184

Do Pass Do Pass Do Pass by substitute

Respectfully submitted, Senator Smith of the 52nd 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:

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JOURNAL OF THE SENATE

HB 1 HB 54 HB 292

Do Pass by substitute Do Pass Do Pass

HB 301 HB 496 HB 662

Do Pass Do Pass Do Pass

Respectfully submitted, Senator Tolleson of the 20th District, Chairman

Mr. President:

The Public Safety and Homeland Security Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 367 HB 455

Do Pass by substitute Do Pass

HB 458 SR 431

Do Pass Do Pass by substitute

Respectfully submitted, Senator Kemp of the 46th District, Chairman

Mr. President:

The Reapportionment and Redistricting Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 499 Do Pass by substitute

Respectfully submitted, Senator Rogers of the 21st 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 17 HB 353

Do Pass Do Pass

HB 622 SR 297

Do Pass Do Pass by substitute

Respectfully submitted, Senator Seabaugh of the 28th District, Chairman

THURSDAY, MARCH 17, 2005

1669

Mr. President:

The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HR 563 HR 566

Do Pass Do Pass

Respectfully submitted, Senator Balfour of the 9th District, Chairman

Mr. President:

The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 271 HB 332 HB 511 HB 590 HB 699 HB 700

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

HB 704 HB 707 HB 758 SB 333 SB 345 SB 350

Do Pass Do Pass Do Pass Do Pass Do Pass by substitute Do Pass

Respectfully submitted, Senator Wiles of the 37th 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 58 HR 48 HR 193

Do Pass as amended Do Pass Do Pass
Respectfully submitted, Senator Thomas of the 2nd District, Chairman

Mr. President:

The Veterans and Military Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

838

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JOURNAL OF THE SENATE

HB 404 HB 438 HB 440

Do Pass Do Pass Do Pass

Respectfully submitted, Senator Douglas of the 17th District, Chairman

The Lieutenant Governor, pursuant to Senate Rule 3-3.1 referred the following Governor's appointments to the Senate Rules Committee for consideration:

Sonny Perdue Governor
The Honorable Mark Taylor Lieutenant Governor and President of the Senate and Members of the Senate Senate Chamber Atlanta, GA 30334

STATE OF GEORGIA Office of the Governor Atlanta 30334-0900
March 16, 2005

Dear Lieutenant Governor and Members of the Senate:

I submit to you, as provided by law, the following appointments for confirmation:

The Honorable Kay C. Brown of Bulloch County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning August 13, 2004, and ending January 1, 2009.

The Honorable Mary Lynn Huntley of Fulton County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning June 4, 2004, and ending March 15, 2005, and for the subsequent term of office ending March 15, 2011.

The Honorable Tom Martin of Gwinnett County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning September 24, 2004, and ending March 15, 2007.

The Honorable Mid Ramsey of Clarke County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning May 18, 2004, and ending March 15, 2010.

THURSDAY, MARCH 17, 2005

1671

The Honorable Lindsey Tippins of Cobb County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning May 18, 2004, and ending March 15, 2007.
The Honorable Pearlie Toliver of Bibb County, as a member of the Board of Commissioners of the Georgia Student Finance Commission, for the term of office beginning July 29, 2004, and ending March 15, 2009.
The Honorable Roger D. Garrison of Cherokee County, as a member of the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund, for the term of office beginning June 2, 2004, and ending June 30, 2007.
The Honorable L. Cary Bittick, Jr. of Monroe County, as a member of the Board of Commissioners of the Sheriffs Retirement Fund, for the term of office beginning February 7, 2005, and ending June 30, 2005.
The Honorable Scott Chitwood of Whitfield County, as a member of the Board of Commissioners of the Sheriffs Retirement Fund, for the term of office beginning October 22, 2004, and ending June 30, 2008.
The Honorable Alphonse St. Lawrence of Chatham County, as a member of the Board of Commissioners of the Sheriffs Retirement Fund of Georgia, for the term of office beginning March 14, 2005, and ending June 30, 2006.
The Honorable Willie Adams of Dougherty County, as a member of the Board of Community Affairs, for the term of office beginning September 17, 2004, and ending July 1, 2009.
The Honorable Connie Perry of Berrien County, as a member of the Board of Community Affairs, for the term of office beginning September 7, 2004, and ending July 1, 2009.
The Honorable Frank Turner of Newton County, as a member of the Board of Community Affairs, for the term of office beginning January 7, 2005, and ending January 1, 2008.
The Honorable Mark Williams of Wayne County, as a member of the Board of Community Affairs, for the term of office beginning August 13, 2004, and ending July 1, 2009.
The Honorable Jeffrey Jay Anderson of Forsyth County, as a member of the Board of Community Health, for the term of office beginning September 10, 2004, and ending July 1, 2007.

839

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JOURNAL OF THE SENATE

The Honorable Mary Covington of Carroll County, as a member of the Board of Community Health, for the term of office beginning November 11, 2004, and ending July 1, 2006.
The Honorable Inman "Buddy" English of Houston County, as a member of the Board of Community Health, for the term of office beginning August 6, 2004, and ending July 1, 2006.
The Honorable Kim Gay of Fulton County, as a member of the Board of Community Health, for the term of office beginning February 7, 2005, and ending July 1, 2005.
The Honorable Richard Holmes of Fulton County, as a member of the Board of Community Health, for the term of office beginning July 1, 2002, and ending July 1, 2005.
The Honorable George Ross Mason of Morgan County, as a member of the Board of Community Health, for the term of office beginning February 7, 2005, and ending July 1, 2007.
The Honorable Anne Parker of Fulton County, as a member of the Board of Community Health, for the term of office beginning August 6, 2004, and ending July 1, 2005.
The Honorable Chris Stroud of Dougherty County, as a member of the Board of Community Health, for the term of office beginning September 10, 2004, and ending July 1, 2007.
The Honorable Michael Adams of Clarke County, as a member of the Board of Control for Southern Regional Education, for the term of office beginning April 15, 2004, and ending June 30, 2007.
The Honorable Jack Hill of Tattnall County, as a member of the Board of Control for Southern Regional Education, for the term of office beginning April 15, 2004, and ending June 30, 2006.
The Honorable Sandra Neal of Bibb County, as a member of the Board of Control for Southern Regional Education, for the term of office beginning July 1, 2004, and ending June 30, 2008.
The Honorable J. Tyson Stephens of Emanuel County, as a member of the Board of Corrections, for the term of office beginning February 17, 2005, and ending July 1, 2009.

THURSDAY, MARCH 17, 2005

1673

The Honorable Brandon Beach of Fulton County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning October 8, 2004, and ending June 1, 2009.
The Honorable Sonny Deriso of Muscogee County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning May 14, 2004, and ending June 1, 2007.
The Honorable Alton Knight of Spalding County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning June 1, 2004, and ending June 1, 2009.
The Honorable Kessel Stelling of Gwinnett County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning August 3, 2004, and ending June 1, 2009.
The Honorable Jeanie Thomas of Fulton County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning July 23, 2004, and ending June 1, 2009.
The Honorable Bob Voyles of DeKalb County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning March 4, 2005, and ending June 1, 2009.
The Honorable Mike Garrett of Fulton County, as a member of the Board of Economic Development, for the term of office beginning January 31, 2005, and ending July 1, 2008.
The Honorable Tom Griffith of Oconee County, as a member of the Board of Economic Development, for the term of office beginning July 15, 2004, and ending July 1, 2009.
The Honorable Robert Moultrie of Cobb County, as a member of the Board of Economic Development, for the term of office beginning July 1, 2004, and ending July 1, 2009.
The Honorable Charles K. Tarbutton of Washington County, as a member of the Board of Economic Development, for the term of office beginning February 10, 2005, and ending July 1, 2005.
The Honorable Elliott Caudell of Stephens County, as a member of the Board of Governors of the Geo. L. Smith Georgia World Congress Center Authority, for the term of office beginning July 23, 2004, and ending July 1, 2007.

840

1674

JOURNAL OF THE SENATE

The Honorable Henry Murriel Patton of Newton County, as a member of the Board of Human Resources, for the term of office beginning February 10, 2005, and ending January 1, 2008.
The Honorable James E. Talbot of Gilmer County, as a member of the Board of Human Resources, for the term of office beginning February 17, 2005, and ending April 6, 2009.
The Honorable Judy Mecum of Hall County, as a member of the Board of Juvenile Justice, for the term of office beginning July 15, 2004, and ending July 6, 2006.
The Honorable Michael C. Baugh of Brooks County, as a member of the Board of Juvenile Justice, for the term of office beginning February 10, 2005, and ending June 6, 2009.
The Honorable Sandra Taylor of Troup County, as a member of the Board of Juvenile Justice, for the term of office beginning November 10, 2004, and ending July 6, 2009.
The Honorable Van Herrin of Brantley County, as a member of the Board of Juvenile Justice, for the term of office beginning February 17, 2005, and ending July 1, 2005.
The Honorable Trummie L. Patrick of Fulton County, as a member of the Board of Motor Vehicle Safety, for the term of office beginning August 6, 2004, and ending June 30, 2009.
The Honorable Earl D. Barrs of Bleckley County, as a member of the Board of Natural Resources, for the term of office beginning January 18, 2005, and ending January 1, 2012.
The Honorable Jenny Lynn Bradley of Chatham County, as a member of the Board of Natural Resources, for the term of office beginning July 1, 2004, and ending January 1, 2011.
The Honorable Cader B. Cox III of Mitchell County, as a member of the Board of Natural Resources, for the term of office beginning November 10, 2004, and ending January 1, 2010.
The Honorable Mabel C. Jenkins of Jenkins County, as a member of the Board of Natural Resources, for the term of office beginning February 10, 2005, and ending January 1, 2010.
The Honorable Glenn Taylor of Gwinnett County, as a member of the Board of Natural Resources, for the term of office beginning June 25, 2004, and ending March 16, 2011.

THURSDAY, MARCH 17, 2005

1675

The Honorable William Dwayne Orrick of Crisp County, as a member of the Board of Public Safety, for the term of office beginning February 7, 2005, and ending January 20, 2007.
The Honorable David H. Averitt of Bulloch County, as a member of the Board of Public Safety, for the term of office beginning January 20, 2005, and ending January 20, 2008.
The Honorable Lou Dekmar of Troup County, as a member of the Board of Public Safety, for the term of office beginning January 20, 2005, and ending January 20, 2008.
The Honorable J.D. Rice of Lowndes County, as a member of the Board of Public Safety, for the term of office beginning January 20, 2005, and ending January 20, 2008.
The Honorable Donald M. Leebern, Jr. of Muscogee County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 28, 2005, and ending January 1, 2012.
The Honorable Wanda Yancey Rodwell of DeKalb County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 28, 2005, and ending January 1, 2012.
The Honorable Richard L. Tucker of Gwinnett County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 28, 2005, and ending January 1, 2012.
The Honorable Samuel Chipper Gardner of Spalding County, as a member of the Board of Trustees of the Georgia Firefighters Pension Fund, for the term of office beginning November 17, 2004, and ending June 30, 2006.
The Honorable Daniel J. Craig of Richmond County, as a member of the Board of Trustees of the Georgia Judicial Retirement System, for the term of office beginning October 22, 2004, and ending July 1, 2008.
The Honorable Kelly D. Turner of Lowndes County, as a member of the Board of Trustees of the Georgia Judicial Retirement System, for the term of office beginning November 10, 2004, and ending July 1, 2008.
The Honorable Karlton Van Banke of Clayton County, as a member of the Board of Trustees of the Georgia Judicial Retirement System, for the term of office beginning November 10, 2004, and ending July 1, 2006.

841

1676

JOURNAL OF THE SENATE

The Honorable Panagiotis A. Argentinis of Chatham County, as a member of the Board of Trustees of the Herty Foundation, for the term of office beginning March 4, 2005, and ending February 19, 2010.
The Honorable James Crisp Gatewood, Jr. of Dougherty County, as a member of the Board of Trustees of the Herty Foundation, for the term of office beginning February 7, 2005, and ending February 19, 2007.
The Honorable Jacek Piotr Siry of Clarke County, as a member of the Board of Trustees of the Herty Foundation, for the term of office beginning February 7, 2005, and ending February 19, 2008.
The Honorable H. Brooks Warnell, Jr. of Bryan County, as a member of the Board of Trustees of the Herty Foundation, for the term of office beginning March 7, 2005, and ending February 19, 2006.
The Honorable Jimmy Braswell of Bibb County, as a member of the Board of Trustees of the Subsequent Injury Trust Fund, for the term of office beginning July 15, 2004, and ending July 1, 2009.
The Honorable Jimmy C. Beck, Sr. of Carroll County, as a member of the Board of Trustees of the Subsequent Injury Trust Fund Commission, for the term of office beginning November 23, 2004, and ending July 1, 2010.
The Honorable Paul Demersseman of Oconee County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia, for the term of office beginning August 20, 2004, and ending June 30, 2005.
The Honorable Joseph Redden of Cobb County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia, for the term of office beginning January 18, 2005, and ending June 30, 2007.
The Honorable David Renz of Whitfield County, as a member of the Brain & Spinal Injury Trust Fund Commission, for the term of office beginning December 8, 2004, and ending December 8, 2006.
The Honorable Mitch Warnock of Laurens County, as a member of the Brain & Spinal Injury Trust Fund Commission, for the term of office beginning December 8, 2004, and ending December 8, 2006.
The Honorable Susan Johnson of Fulton County, as a member of the Brain and Spinal Injury Trust Fund Commission, for the term of office beginning October 8, 2004, and ending December 4, 2005.

THURSDAY, MARCH 17, 2005

1677

The Honorable E. Culver Kidd III of Baldwin County, as a member of the Brain and Spinal Injury Trust Fund Commission, for the term of office beginning July 23, 2004, and ending December 8, 2005.
The Honorable Shree Strickland of Carroll County, as a member of the Brain and Spinal Injury Trust Fund Commission, for the term of office beginning January 31, 2005, and ending January 1, 2007.
The Honorable Jan Loftis of Richmond County, as a member of the Civil War Commission, for the term of office beginning July 16, 2004, and ending June 1, 2007.
The Honorable Mel Steely of Carroll County, as a member of the Civil War Commission, for the term of office beginning June 1, 2004, and ending June 1, 2008.
The Honorable Rogers Wade of Fulton County, as a member of the Civil War Commission, for the term of office beginning August 6, 2004, and ending June 1, 2005.
The Honorable Carl Cansino of Baldwin County, as a member of the Consumer Advisory Board, for the term of office beginning July 1, 2004, and ending July 1, 2007.
The Honorable Kimbley Puckett of Clayton County, as a member of the Consumer Advisory Board, for the term of office beginning July 1, 2004, and ending July 1, 2007.
The Honorable Barry Reid of DeKalb County, as a member of the Consumer Advisory Board, for the term of office beginning July 1, 2004, and ending July 1, 2006.
The Honorable Charles G. Newton IV of McDuffie County, as a member of the Georgia Agricultural Exposition Authority, for the term of office beginning October 22, 2004, and ending June 30, 2007.
The Honorable Foster Rhodes of Houston County, as a member of the Georgia Agricultural Exposition Authority, for the term of office beginning September 7, 2004, and ending June 30, 2008.
The Honorable R. Micah Story of Clarke County, as a member of the Georgia Agricultural Exposition Authority, for the term of office beginning December 10, 2004, and ending June 30, 2007.
The Honorable Tommy E. Waldrop, Sr. of Coffee County, as a member of the Georgia Agricultural Exposition Authority, for the term of office beginning September 10, 2004, and ending June 30, 2008.

842

1678

JOURNAL OF THE SENATE

The Honorable Moses Ector of DeKalb County, as a member of the Georgia Athletic and Entertainment Commission, for the term of office beginning November 10, 2004, and ending November 6, 2006.
The Honorable Cary Ichter of Fulton County, as a member of the Georgia Athletic and Entertainment Commission, for the term of office beginning August 13, 2004, and ending December 20, 2005.
The Honorable Tom Moraetes of Richmond County, as a member of the Georgia Athletic and Entertainment Commission, for the term of office beginning November 10, 2004, and ending November 6, 2006.
The Honorable Charles F. Gay of Floyd County, as a member of the Georgia Auctioneers Commission, for the term of office beginning August 14, 2004, and ending August 14, 2009.
The Honorable Mark Manley of Thomas County, as a member of the Georgia Auctioneers Commission, for the term of office beginning June 29, 2004, and ending August 14, 2005.
The Honorable Bobby Aycock of Habersham County, as a member of the Georgia Aviation Hall of Fame Board, for the term of office beginning October 8, 2004, and ending July 1, 2009.
The Honorable Oliver C. Bateman of Bibb County, as a member of the Georgia Aviation Hall of Fame Board, for the term of office beginning February 22, 2005, and ending July 1, 2008.
The Honorable Buster Boshears of Richmond County, as a member of the Georgia Aviation Hall of Fame Board, for the term of office beginning October 8, 2004, and ending July 1, 2005.
The Honorable Terance Cawley of Lowndes County, as a member of the Georgia Aviation Hall of Fame Board, for the term of office beginning October 22, 2004, and ending July 1, 2005.
The Honorable Eugene A. Demonet of Harris County, as a member of the Georgia Aviation Hall of Fame Board, for the term of office beginning November 10, 2004, and ending July 1, 2005.
The Honorable E. Ray Fletcher of DeKalb County, as a member of the Georgia Aviation Hall of Fame Board, for the term of office beginning October 22, 2004, and ending July 1, 2010.

THURSDAY, MARCH 17, 2005

1679

The Honorable Henry Lowe of Monroe County, as a member of the Georgia Aviation Hall of Fame Board, for the term of office beginning October 22, 2004, and ending July 1, 2009.
The Honorable Howard H. McWhorter, Jr. of Clarke County, as a member of the Georgia Aviation Hall of Fame Board, for the term of office beginning November 10, 2004, and ending July 1, 2010.
The Honorable Jimmy Norton of Gwinnett County, as a member of the Georgia Aviation Hall of Fame Board, for the term of office beginning October 22, 2004, and ending July 1, 2010.
The Honorable Dick Roberts of DeKalb County, as a member of the Georgia Aviation Hall of Fame Board, for the term of office beginning October 22, 2004, and ending July 1, 2010.
The Honorable Karen Mathiak of Spalding County, as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning August 27, 2004, and ending August 20, 2005
The Honorable Emma Rebecca Bays Carlon of Dougherty County, as a member of the Georgia Board of Dentistry, for the term of office beginning September 7, 2004, and ending March 15, 2009.
The Honorable Marylynn Bellville of Walton County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning September 24, 2004, and ending April 1, 2006.
The Honorable Judy Hilliard of Dodge County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning September 3, 2004, and ending April 1, 2007.
The Honorable Le Ann Tuggle of Houston County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning September 3, 2004, and ending July 1, 2007.
The Honorable Don Meck of Houston County, as a member of the Georgia Board of Examiners of Psychologists, for the term of office beginning October 22, 2004, and ending March 27, 2007.
The Honorable Marsha Sauls of Fulton County, as a member of the Georgia Board of Examiners of Psychologists, for the term of office beginning January 31, 2005, and ending January 7, 2009.

843

1680

JOURNAL OF THE SENATE

The Honorable Susan P. Ayers of Troup County, as a member of the Georgia Board of Nursing, for the term of office beginning March 4, 2005, and ending September 23, 2006.
The Honorable Toni Barnett of Gilmer County, as a member of the Georgia Board of Nursing, for the term of office beginning June 25, 2004, and ending September 23, 2005.
The Honorable Linda Easterly of Houston County, as a member of the Georgia Board of Nursing, for the term of office beginning June 25, 2004, and ending September 23, 2004, and for the subsequent term of office ending September 23, 2007.
The Honorable Dee Keeton of DeKalb County, as a member of the Georgia Board of Nursing, for the term of office beginning June 4, 2004, and ending September 23, 2004, and for the subsequent term of office ending September 23, 2007.
The Honorable Kellie R. Lockwood of Atkinson County, as a member of the Georgia Board of Nursing, for the term of office beginning March 4, 2005, and ending September 23, 2006.
The Honorable Scott Thigpen of Coffee County, as a member of the Georgia Board of Nursing, for the term of office beginning September 23, 2004, and ending September 23, 2007.
The Honorable John Villines of Clarke County, as a member of the Georgia Board of Private Detective and Security Agencies, for the term of office beginning July 1, 2004, and ending July 1, 2008.
The Honorable Robert Warner of Houston County, as a member of the Georgia Board of Private Detective and Security Agencies, for the term of office beginning July 1, 2004, and ending July 1, 2008.
The Honorable Bette Rose Bowers of Fulton County, as a member of the Georgia Commission on Women, for the term of office beginning July 15, 2004, and ending July 1, 2006.
The Honorable Liz Klemann of Dougherty County, as a member of the Georgia Commission on Women, for the term of office beginning July 15, 2004, and ending July 30, 2006.
The Honorable Lynn Murphy of Bibb County, as a member of the Georgia Commission on Women, for the term of office beginning July 15, 2004, and ending July 1, 2007.

THURSDAY, MARCH 17, 2005

1681

The Honorable Eric Groh of DeKalb 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 August 13, 2004, and ending December 31, 2005.
The Honorable Bill Quarterman of Stephens 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 October 1, 2004, and ending December 31, 2006.
The Honorable Helen Coale of Fulton County, as a member of the Georgia Composite Board of Social Workers, Professional Counselors, and Marriage and Family Therapists, for the term of office beginning May 14, 2004, and ending December 31, 2006.
The Honorable Laura Coble of Richmond County, as a member of the Georgia Golf Hall of Fame Board, for the term of office beginning October 22, 2004, and ending November 1, 2009.
The Honorable Glenn Cornell of Gwinnett County, as a member of the Georgia Golf Hall of Fame Board, for the term of office beginning July 15, 2004, and ending November 1, 2005.
The Honorable Ann Dorsey of Fulton County, as a member of the Georgia Public Telecommunications Commission, for the term of office beginning June 30, 2004, and ending June 30, 2008.
The Honorable Mike McDougald of Floyd County, as a member of the Georgia Public Telecommunications Commission, for the term of office beginning August 13, 2004, 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 June 30, 2004, and ending June 30, 2008.
The Honorable Graylin Young of Fulton County, as a member of the Georgia Public Telecommunications Commission, for the term of office beginning August 6, 2004, and ending June 30, 2006.
The Honorable Charles Bramlett of Jasper County, as a member of the Georgia Real Estate Appraisers Board, for the term of office beginning January 24, 2005, and ending July 1, 2007.

844

1682

JOURNAL OF THE SENATE

The Honorable Patricia Love of Muscogee County, as a member of the Georgia Real Estate Appraisers Board, for the term of office beginning December 10, 2004, and ending July 1, 2009.
The Honorable William R. Coleman, Jr. of Columbia County, as a member of the Georgia Board of Real Estate Appraisers, for the term of office beginning July 15, 2004, and ending July 1, 2005.
The Honorable Sandra Winter of Cobb County, as a member of the Georgia Board of Real Estate Appraisers, for the term of office beginning August 13, 2004, and ending July 1, 2007.
The Honorable D. Scott Murphy of Gwinnett County, as a member of the Georgia Board of Real Estate Appraisers, for the term of office beginning August 20, 2004, and ending July 1, 2006.
The Honorable Gwendolyn Faye Fulcher of Richmond County, as a member of the Georgia Real Estate Commission, for the term of office beginning July 1, 2004, and ending January 26, 2009.
The Honorable John Burton Wilkerson, Jr. of Bibb County, as a member of the Georgia Real Estate Commission, for the term of office beginning July 1, 2004, and ending October 26, 2008.
The Honorable Ben Copeland of Peach County, as a member of the Georgia Seed Development Commission, for the term of office beginning June 30, 2003, and ending June 30, 2005.
The Honorable Henry James Mehserle, Jr. of Houston County, as a member of the Georgia State Board of Architects and Interior Designers, for the term of office beginning March 5, 2005, and ending March 5, 2010.
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 March 5, 2005, and ending March 5, 2010.
The Honorable Lamar Deloach of Candler County, as a member of the Georgia Tobacco Community Development Board, for the term of office beginning September 10, 2004, and ending August 26, 2007.
The Honorable Roy Herrington of Appling County, as a member of the Georgia Tobacco Community Development Board, for the term of office beginning September 7, 2004, and ending August 26, 2007.

THURSDAY, MARCH 17, 2005

1683

The Honorable Bob Herriott of Carroll County, as a member of the Judicial Qualifications Commission, for the term of office beginning June 4, 2004, and ending December 31, 2006.
The Honorable P. Martin Ellard of Hall County, as a member of the Metro North Georgia Water Planning District Governing Board, for the term of office beginning March 4, 2005, and ending June 29, 2007.
The Honorable Kathryn Dunlap of Hall County, as a member of the Metropolitan North Georgia Water Planning District Governing Board, for the term of office beginning January 24, 2005, and ending June 29, 2007.
The Honorable Birdel Jackson of Fulton County, as a member of the Metropolitan North Georgia Water Planning District Governing Board, for the term of office beginning July 23, 2004, and ending June 29, 2006.
The Honorable Dennis McEntire of Coweta County, as a member of the Metropolitan North Georgia Water Planning District Governing Board, for the term of office beginning May 4, 2004, and ending June 29, 2005.
The Honorable Jean Roberson Ebron of Muscogee County, as a member of the Professional Standards Commission, for the term of office beginning October 8, 2004, and ending July 1, 2007.
The Honorable Mary Gomez of DeKalb County, as a member of the Professional Standards Commission, for the term of office beginning October 22, 2004, and ending July 1, 2007.
The Honorable Maria Jesus Miller of Gwinnett County, as a member of the Professional Standards Commission, for the term of office beginning October 1, 2004, and ending July 1, 2007.
The Honorable Louisa Moffitt of Fulton County, as a member of the Professional Standards Commission, for the term of office beginning October 8, 2004, and ending July 1, 2007.
The Honorable Mary Outlaw of Floyd County, as a member of the Professional Standards Commission, for the term of office beginning October 1, 2004, and ending July 1, 2005.
The Honorable Holly Robinson of Fulton County, as a member of the Professional Standards Commission, for the term of office beginning October 8, 2004, and ending July 1, 2006.

845

1684

JOURNAL OF THE SENATE

The Honorable Sandra Thompson of Cobb County, as a member of the Professional Standards Commission, for the term of office beginning October 1, 2004, and ending July 1, 2007.
The Honorable Wanda West of Twiggs County, as a member of the Professional Standards Commission, for the term of office beginning October 8, 2004, and ending July 1, 2005.
The Honorable Marsha Christy of Houston County, as a member of the State Board for the Certification of Librarians, for the term of office beginning September 7, 2004, and ending January 1, 2010.
The Honorable George Gaumond of Lowndes County, as a member of the State Board for the Certification of Librarians, for the term of office beginning December 10, 2004, and ending December 31, 2007.
The Honorable Susan S. Whittle of Decatur County, as a member of the State Board for the Certification of Librarians, for the term of office beginning September 7, 2004, and ending January 1, 2009.
The Honorable Ben Hill of Dade County, as a member of the State Board of Accountancy, for the term of office beginning January 7, 2005, and ending June 30, 2008.
The Honorable Carter Bates of Bibb County, as a member of the State Board of Accountancy, for the term of office beginning June 30, 2004, and ending June 30, 2008.
The Honorable J. Sam Johnson of Habersham County, as a member of the State Board of Accountancy, for the term of office beginning January 7, 2005, and ending June 30, 2005.
The Honorable E.J. Maddocks of Richmond County, as a member of the State Board of Accountancy, for the term of office beginning July 23, 2004, and ending June 30, 2008.
The Honorable T. Farrell Nichols of Laurens County, as a member of the State Board of Accountancy, for the term of office beginning January 7, 2005, and ending June 30, 2008.
The Honorable Michael Skinner of Chatham County, as a member of the State Board of Accountancy, for the term of office beginning January 31, 2005, and ending June 30, 2007.

THURSDAY, MARCH 17, 2005

1685

The Honorable Grace Williams of Gwinnett County, as a member of the State Board of Accountancy, for the term of office beginning July 23, 2004, and ending June 30, 2006.
The Honorable Niles Bolton of Fulton County, as a member of the State Board of Architects and Interior Designers, for the term of office beginning May 10, 2004, and ending August 9, 2006.
The Honorable Ivenue Love-Stanley of Fulton County, as a member of the State Board of Architects and Interior Designers, for the term of office beginning July 15, 2004, and ending March 5, 2006.
The Honorable David Maschke of Dougherty County, as a member of the State Board of Architects and Interior Designers, for the term of office beginning June 8, 2004, and ending March 5, 2007.
The Honorable Camille Puckett of Gwinnett County, as a member of the State Board of Architects and Interior Designers, for the term of office beginning June 4, 2004, and ending July 1, 2007.
The Honorable Lutha Crump of Bibb County, as a member of the State Board of Barbers, for the term of office beginning January 31, 2005, and ending July 25, 2007.
The Honorable David Jones of Houston County, as a member of the State Board of Barbers, for the term of office beginning May 14, 2004, and ending July 25, 2006.
The Honorable Winston Strickland of Bartow County, as a member of the State Board of Barbers, for the term of office beginning November 10, 2004, and ending December 29, 2005.
The Honorable Wanda Brooks of Gwinnett County, as a member of the State Board of Cosmetology, for the term of office beginning August 9, 2004, and ending August 9, 2007.
The Honorable Betty Carlisle of Monroe County, as a member of the State Board of Cosmetology, for the term of office beginning July 23, 2004, and ending May 29, 2005.
The Honorable Kay Kendrick of McDuffie County, as a member of the State Board of Cosmetology, for the term of office beginning July 14, 2004, and ending May 1, 2007.
The Honorable John Siggers of Fulton County, as a member of the State Board of Cosmetology, for the term of office beginning July 14, 2004, and ending August 9, 2007.

846

1686

JOURNAL OF THE SENATE

The Honorable Dave Meldrum of Fulton County, as a member of the State Board of Dispensing Opticians, for the term of office beginning September 7, 2004, and ending March 16, 2008.
The Honorable Glenn McCoy Morris of Richmond County, as a member of the State Board of Dispensing Opticians, for the term of office beginning March 16, 2005, and ending March 16, 2009.
The Honorable Thelon Hamby of Troup County, as a member of the State Board of Funeral Service, for the term of office beginning June 25, 2004, and ending February 13, 2009.
The Honorable Lauren McDonald, Jr. of Forsyth County, as a member of the State Board of Funeral Service, for the term of office beginning November 10, 2004, and ending February 13, 2008.
The Honorable David Roach of Cobb County, as a member of the State Board of Funeral Service, for the term of office beginning July 14, 2004, and ending February 13, 2010.
The Honorable Draper Watson of Houston County, as a member of the State Board of Funeral Service, for the term of office beginning June 4, 2004, and ending February 13, 2006.
The Honorable Chad Baker of Gwinnett County, as a member of the State Board of Landscape Architects, for the term of office beginning January 31, 2005, and ending April 1, 2009.
The Honorable Michael Breedlove of Rockdale County, as a member of the State Board of Landscape Architects, for the term of office beginning September 10, 2004, and ending April 1, 2007.
The Honorable Paul Brickey of Cobb County, as a member of the State Board of Landscape Architects, for the term of office beginning September 10, 2004, and ending April 1, 2006.
The Honorable Rebecca Kirk of Fulton County, as a member of the State Board of Landscape Architects, for the term of office beginning September 10, 2004, and ending April 1, 2005, and for the subsequent term of office ending April 1, 2009.
The Honorable Barbara J. Baxter of Cherokee County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning June 7, 2004, and ending December 29, 2006.

THURSDAY, MARCH 17, 2005

1687

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 June 4, 2004, and ending June 4, 2007.
The Honorable Sheila Weddon of Burke County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning June 4, 2004, and ending June 4, 2005.
The Honorable Dudley Christie of Houston County, as a member of the State Board of Optometry, for the term of office beginning August 27, 2004, and ending September 6, 2005.
The Honorable Harley Kemp Jones of Emanuel County, as a member of the State Board of Optometry, for the term of office beginning October 22, 2004, and ending September 6, 2007.
The Honorable Whit Lord of Bulloch County, as a member of the State Board of Optometry, for the term of office beginning August 20, 2004, and ending September 6, 2006.
The Honorable L. Gale Buckner of Douglas County, as a member of the State Board of Pardons and Paroles, for the term of office beginning December 31, 2004, and ending December 31, 2011.
The Honorable Judy Gardner of Fulton County, as a member of the State Board of Pharmacy, for the term of office beginning May 19, 2004, and ending July 1, 2007.
The Honorable Patrick McPherson of Cobb County, as a member of the State Board of Pharmacy, for the term of office beginning May 19, 2004, and ending November 1, 2008.
The Honorable Lola Rosenbaum of Houston County, as a member of the State Board of Physical Therapy, for the term of office beginning September 7, 2004, and ending August 30, 2007.
The Honorable Patti Willis of Gwinnett County, as a member of the State Board of Physical Therapy, for the term of office beginning August 20, 2004, and ending August 30, 2005.
The Honorable Sarvepalli D. Jokhai of Bibb County, as a member of the State Board of Podiatry Examiners, for the term of office beginning July 9, 2004, and ending May 5, 2005.

847

1688

JOURNAL OF THE SENATE

The Honorable Barry Turner of Franklin County, as a member of the State Board of Podiatry Examiners, for the term of office beginning September 24, 2004, and ending May 5, 2006.
The Honorable Christoph Zenker of Glynn County, as a member of the State Board of Podiatry Examiners, for the term of office beginning July 9, 2004, and ending May 5, 2007.
The Honorable Fred Allen of Jones County, as a member of the State Board of Registration for Foresters, for the term of office beginning October 1, 2004, and ending October 1, 2009.
The Honorable John Britt of Harris County, as a member of the State Board of Registration for Foresters, for the term of office beginning October 1, 2004, and ending October 1, 2009.
The Honorable Dale Green of Clarke County, as a member of the State Board of Registration for Foresters, for the term of office beginning October 1, 2004, and ending October 1, 2009.
The Honorable Fred Greer of Newton County, as a member of the State Board of Registration for Foresters, for the term of office beginning August 20, 2004, and ending June 30, 2005.
The Honorable John Mixon of Pike County, as a member of the State Board of Registration for Foresters, for the term of office beginning October 1, 2004, and ending October 1, 2009.
The Honorable Sidney McLeod of Houston County, as a member of the State Board of Registration for Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning May 17, 2004, and ending June 30, 2006.
The Honorable Steve Sumner of Forsyth County, as a member of the State Board of Registration for Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning September 17, 2004, and ending June 30, 2007.
The Honorable James Wilkinson of Baldwin County, as a member of the State Board of Registration for Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, for the term of office beginning May 14, 2004, and ending June 30, 2007.
The Honorable Ken Cronan of Hall 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 January 24, 2005, and ending June 30, 2008.

THURSDAY, MARCH 17, 2005

1689

The Honorable Ann R. Purcell of Effingham County, as a member of the State Board of Technical and Adult Education, for the term of office beginning March 14, 2005, and ending June 30, 2005.
The Honorable Needham Bateman of DeKalb County, as a member of the State Board of Veterinary Medicine, for the term of office beginning February 7, 2005, and ending September 16, 2008.
The Honorable James Brett of Tift County, as a member of the State Board of Veterinary Medicine, for the term of office beginning September 16, 2004, and ending September 16, 2009.
The Honorable Beckey Malphus of Thomas County, as a member of the State Board of Veterinary Medicine, for the term of office beginning March 14, 2005, and ending June 24, 2008.
The Honorable Charles Warren Massey of Barrow County, as a member of the State Board of Workers' Compensation, for the term of office beginning May 14, 2004, and ending January 12, 2008.
The Honorable Amos T. Beason of Troup County, as a member of the State Children's Trust Fund Commission, for the term of office beginning February 17, 2005, and ending June 30, 2008.
The Honorable Laudis H. Lanford of Monroe County, as a member of the State Children's Trust Fund Commission, for the term of office beginning February 17, 2005, and ending June 30, 2008.
The Honorable Paul Addis of Fayette County, as a member of the State Construction Industry Licensing Board, for the term of office beginning June 25, 2004, and ending June 30, 2007.
The Honorable Dowling Granberry of Tift County, as a member of the State Construction Industry Licensing Board, for the term of office beginning June 25, 2004, and ending June 30, 2007.
The Honorable Janette Lasley King of Houston County, as a member of the State Construction Industry Licensing Board, for the term of office beginning May 14, 2004, and ending June 30, 2004, and for the subsequent term of office ending June 30, 2008.
The Honorable George Leneaus of Carroll County, as a member of the State Construction Industry Licensing Board, for the term of office beginning August 13, 2004, and ending June 30, 2007.

848

1690

JOURNAL OF THE SENATE

The Honorable John D. Pearson of Forsyth County, as a member of the State Construction Industry Licensing Board, for the term of office beginning June 30, 2004, and ending June 30, 2008.
The Honorable Albert Scales of Paulding County, as a member of the State Construction Industry Licensing Board, for the term of office beginning June 4, 2004, and ending June 30, 2007.
The Honorable Mitzi Delee Smith of Cobb County, as a member of the State Construction Industry Licensing Board, for the term of office beginning June 4, 2004, and ending June 30, 2007.
The Honorable Sallie Stanfield Allen of Clarke County, as a member of the State Construction Industry Licensing Board, for the term of office beginning July 15, 2004, and ending June 30, 2007.
The Honorable Don Swords of Butts County, as a member of the State Construction Industry Licensing Board, for the term of office beginning June 25, 2004, and ending June 30, 2007.
The Honorable Thomas C. Young of Wilkes County, as a member of the State Construction Industry Licensing Board, for the term of office beginning June 30, 2004, and ending June 30, 2008.
The Honorable James David Belk of Cobb County, as a member of the State Construction Industry Licensing Board, for the term of office beginning June 30, 2004, and ending June 30, 2008.
The Honorable David Rawson of Fulton County, as a member of the State Construction Industry Licensing Board, for the term of office beginning June 30, 2004, and ending June 30, 2008.
The Honorable Maudine Wright of Coffee County, as a member of the State Construction Industry Licensing Board, for the term of office beginning June 30, 2004, and ending June 30, 2008.
The Honorable David J. Worley of Fayette County, as a member of the State Elections Board, for the term of office beginning May 20, 2004, and ending May 20, 2006.
The Honorable Jim Gillis of Treutlen County, as a member of the State Forestry Commission, for the term of office beginning January 24, 2005, and ending January 1, 2012.

THURSDAY, MARCH 17, 2005

1691

The Honorable Robert W. Pollard, Jr. of Columbia County, as a member of the State Forestry Commission, for the term of office beginning February 10, 2005, and ending January 1, 2009.
The Honorable Dennis T. Brown of Banks County, as a member of the State Soil and Water Conservation Commission, for the term of office beginning January 1, 2004, and ending January 1, 2009.
The Honorable David T. Hays of Dougherty County, as a member of the State Soil and Water Conservation Commission, for the term of office beginning January 1, 2005, and ending January 1, 2010.
The Honorable Kenneth W. Birdsong of Twiggs County, as a member of the Veterans Service Board, for the term of office beginning January 10, 2005, and ending April 1, 2009.
The Honorable Simon Bloom of DeKalb County, as a member of the Commission on Service and Volunteerism, for the term of office beginning January 1, 2005, and ending January 1, 2008.
The Honorable Laurie Chandler of Floyd County, as a member of the Commission on Service and Volunteerism, for the term of office beginning January 1, 2005, and ending January 1, 2008.
The Honorable John Cooper of DeKalb County, as a member of the Commission on Service and Volunteerism, for the term of office beginning January 1, 2005, and ending January 1, 2008.
The Honorable David Ensley of Jackson County, as a member of the Commission on Service and Volunteerism, for the term of office beginning January 1, 2005, and ending January 1, 2008.
The Honorable Carol Fey of Cobb County, as a member of the Commission on Service and Volunteerism, for the term of office beginning January 1, 2005, and ending January 1, 2008.
The Honorable Brett Harrell of Gwinnett County, as a member of the Commission on Service and Volunteerism, for the term of office beginning January 1, 2005, and ending January 1, 2008.
The Honorable Elizabeth Palmer of Fulton County, as a member of the Commission on Service and Volunteerism, for the term of office beginning January 1, 2005, and ending January 1, 2008.

849

1692

JOURNAL OF THE SENATE

The Honorable Michele Reiner of DeKalb County, as a member of the Commission on Service and Volunteerism, for the term of office beginning January 1, 2005, and ending January 1, 2008.
The Honorable Lillian Sullivan of Muscogee County, as a member of the Commission on Service and Volunteerism, for the term of office beginning January 1, 2005, and ending January 1, 2008.
The Honorable Myra Tolbert of DeKalb County, as a member of the Commission on Service and Volunteerism, for the term of office beginning January 1, 2005, and ending January 1, 2008.
The Honorable Angeleen Walker of Richmond County, as a member of the Commission on Service and Volunteerism, for the term of office beginning January 1, 2005, and ending January 1, 2008.
The Honorable Mike Akins of Morgan County, as a member of the Georgia Film, Video, and Music Advisory Commission, for the term of office beginning August 2, 2004, and ending at the pleasure of the Governor.
The Honorable Dallas Austin of Fulton County, as a member of the Georgia Film, Video, and Music Advisory Commission, for the term of office beginning August 2, 2004, and ending at the pleasure of the Governor.
The Honorable Kay Beck of DeKalb County, as a member of the Georgia Film, Video, and Music Advisory Commission, for the term of office beginning August 2, 2004, and ending at the pleasure of the Governor.
The Honorable Dana Braun of Chatham County, as a member of the Georgia Film, Video, and Music Advisory Commission, for the term of office beginning August 2, 2004, and ending at the pleasure of the Governor.
The Honorable Ron Charles of Hall County, as a member of the Georgia Film, Video, and Music Advisory Commission, for the term of office beginning August 2, 2004, and ending at the pleasure of the Governor.
The Honorable Dan Darling of Cobb County, as a member of the Georgia Film, Video, and Music Advisory Commission, for the term of office beginning August 2, 2004, and ending at the pleasure of the Governor.
The Honorable Melissa Goodman of Cobb County, as a member of the Georgia Film, Video, and Music Advisory Commission, for the term of office beginning August 2, 2004, and ending at the pleasure of the Governor.

THURSDAY, MARCH 17, 2005

1693

The Honorable Bart Graham of Fulton County, as a member of the Georgia Film, Video, and Music Advisory Commission, for the term of office beginning August 2, 2004, and ending at the pleasure of the Governor.
The Honorable Michael Gravely of Cobb County, as a member of the Georgia Film, Video, and Music Advisory Commission, for the term of office beginning August 2, 2004, and ending at the pleasure of the Governor.
The Honorable Shay Griffin of Polk County, as a member of the Georgia Film, Video, and Music Advisory Commission, for the term of office beginning August 2, 2004, and ending at the pleasure of the Governor.
The Honorable Patrick Jones of Fulton County, as a member of the Georgia Film, Video, and Music Advisory Commission, for the term of office beginning August 2, 2004, and ending at the pleasure of the Governor.
The Honorable Joel Katz of Fulton County, as a member of the Georgia Film, Video, and Music Advisory Commission, for the term of office beginning August 2, 2004, and ending at the pleasure of the Governor.
The Honorable Chris Klaus of Fulton County, as a member of the Georgia Film, Video, and Music Advisory Commission, for the term of office beginning August 2, 2004, and ending at the pleasure of the Governor.
The Honorable Diane Lewis of Bartow County, as a member of the Georgia Film, Video, and Music Advisory Commission, for the term of office beginning August 2, 2004, and ending at the pleasure of the Governor.
The Honorable Butch Parrish of Emanuel County, as a member of the Georgia Film, Video, and Music Advisory Commission, for the term of office beginning August 2, 2004, and ending at the pleasure of the Governor.
The Honorable Mitch Seabaugh of Coweta County, as a member of the Georgia Film, Video, and Music Advisory Commission, for the term of office beginning August 2, 2004, and ending at the pleasure of the Governor.
The Honorable Ed Spivia of Fulton County, as a member of the Georgia Film, Video, and Music Advisory Commission, for the term of office beginning August 2, 2004, and ending at the pleasure of the Governor.
The Honorable Paula Wallace of Chatham County, as a member of the Georgia Film, Video, and Music Advisory Commission, for the term of office beginning August 2, 2004, and ending at the pleasure of the Governor.

850

1694

JOURNAL OF THE SENATE

The Honorable Harriette Watkins of Fayette County, as a member of the Georgia Film, Video, and Music Advisory Commission, for the term of office beginning August 2, 2004, and ending at the pleasure of the Governor.
The Honorable Mark Byrd of Houston County, as a member of the Stakeholder Advisory Board, for the term of office beginning July 2, 2004, and ending at the pleasure of the Governor.
The Honorable Alice Champagne of Cobb County, as a member of the Stakeholder Advisory Board, for the term of office beginning July 2, 2004, and ending at the pleasure of the Governor.
The Honorable Doug Easter of Gwinnett County, as a member of the Stakeholder Advisory Board, for the term of office beginning July 2, 2004, and ending at the pleasure of the Governor.
The Honorable Jim Hamilton of Gwinnett County, as a member of the Stakeholder Advisory Board, for the term of office beginning July 2, 2004, and ending at the pleasure of the Governor.
The Honorable JoAnn Macrina of Fulton County, as a member of the Stakeholder Advisory Board, for the term of office beginning July 2, 2004, and ending at the pleasure of the Governor.
The Honorable James Magnus of Fulton County, as a member of the Stakeholder Advisory Board, for the term of office beginning July 2, 2004, and ending at the pleasure of the Governor.
The Honorable Bob Ringer of Fulton County, as a member of the Stakeholder Advisory Board, for the term of office beginning July 2, 2004, and ending at the pleasure of the Governor.
The Honorable Karim Shahlaee of Gwinnett County, as a member of the Stakeholder Advisory Board, for the term of office beginning July 2, 2004, and ending at the pleasure of the Governor.
The Honorable Gregory Teague of Cobb County, as a member of the Stakeholder Advisory Board, for the term of office beginning July 2, 2004, and ending at the pleasure of the Governor.
The Honorable Benjie Thompson of Bulloch County, as a member of the Stakeholder Advisory Board, for the term of office beginning July 2, 2004, and ending at the pleasure of the Governor.

THURSDAY, MARCH 17, 2005

1695

The Honorable Aaron Varner of Newton County, as a member of the Stakeholder Advisory Board, for the term of office beginning July 2, 2004, and ending at the pleasure of the Governor.

The Honorable Burns Wetherington of Douglas County, as a member of the Stakeholder Advisory Board, for the term of office beginning July 2, 2004, and ending at the pleasure of the Governor.

The Honorable Connie Wiggins of Gwinnett County, as a member of the Stakeholder Advisory Board, for the term of office beginning July 2, 2004, and ending at the pleasure of the Governor.

The Honorable John W. Duren, of Chatham County, as a member of the Atlantic States Marine Fisheries Commission, for the term of office beginning January 4, 2005, and ending January 4, 2008.

Sincerely, Sonny Perdue

The following legislation was read the second time:

HB 36 HB 59

HB 183 HB 240

HB 296 HB 428

HB 442 HB 570

HR 427 SR 353

SR 376

The roll was called and the following Senators answered to their names:

Adelman Balfour Brown Bulloch Butler Cagle Carter Chance Chapman Douglas Goggans Golden Grant Hamrick Harbison Heath Henson

Hill,Jack Hill,Judson Hooks Hudgens Johnson Jones Kemp Me V Bremen Miles Moody Mullis Pearson Powell Rogers Schaefer Seabaugh Seay

Shafer,D Smith Starr Staton Stephens Stoner Tate Thomas,D Thomas,R Thompson,C Tolleson Unterman Weber Whitehead Wiles Williams Zamarripa

851

1696

JOURNAL OF THE SENATE

Not answering were Senators:

Fort Thompson, S

Harp Walker

Reed

Senator Reed was off the floor of the Senate when the roll was called and wishes to be recorded as present.

The members pledged allegiance to the flag.

Senator Thomas of the 54th introduced the chaplain of the day, Mr. Doug Jensen of Dalton, Georgia, who offered scripture reading and prayer.

Senator Zamarripa of the 36th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused.

Senator Powell of the 23rd asked unanimous consent that Senator Walker of the 22nd be excused. The consent was granted, and Senator Walker was excused.

Senator Thompson of the 5th asked unanimous consent that Senator Stoner of the 6th be excused. The consent was granted, and Senator Stoner was excused.

Senator Douglas of the 17th asked unanimous consent that Senator Staton of the 18th be excused. The consent was granted, and Senator Staton was excused.

The following resolution was read and adopted:

SR 445. By Senators Butler of the 55th, Miles of the 43rd, Adelman of the 42nd, Jones of the 10th and Henson of the 41st:

A RESOLUTION honoring and commending Dr. Jacquelyn M. Belcher, outgoing president of Georgia Perimeter College; and for other purposes.

Senator Butler of the 55th recognized outgoing President of Georgia Perimeter College, Dr. Jacquelyn M. Belcher, commended by SR 445.

Senator Pearson of the 51st recognized members of NASCAR's Elliott Family, commended by SR 378, adopted previously.

Senator Whitehead of the 24th recognized J. Wade Padgett, commended by SR 204, adopted previously.

Senator Butler of the 55th introduced the doctor of the day, Dr. Sally West.

THURSDAY, MARCH 17, 2005

1697

Senators Pearson of the 51st, Schaefer of the 50th and Zamarripa of the 36th recognized representatives of the Georgia Appalachian Trail Club, commended by SR 428, adopted previously.
The following resolutions were read and adopted:
SR 438. By Senator Walker of the 22nd:
A RESOLUTION commending the Ushers and Usherettes of Thankful Baptist Church; and for other purposes.
SR 439. By Senator Powell of the 23rd:
A RESOLUTION recognizing and commending Mr. Ron Martin for his outstanding service to Richmond County, Georgia; and for other purposes.
SR 440. By Senator Douglas of the 17th:
A RESOLUTION congratulating Katie Conkle, Miss Georgia Teen USA 2005; and for other purposes.
SR 441. By Senator Bulloch of the 11th:
A RESOLUTION commending and congratulating Mr. Joseph E. Pogue, LUTCF; and for other purposes.
SR 442. By Senator Bulloch of the 11th:
A RESOLUTION honoring and commemorating the 100th Anniversary of the City of Climax, Georgia; and for other purposes.
SR 443. By Senators Mullis of the 53rd, Rogers of the 21st, Pearson of the 51st and Smith of the 52nd:
A RESOLUTION recognizing and honoring Mr. Raymond Parks for his contributions to the sport of auto racing; and for other purposes.
SR 444. By Senators Kemp of the 46th, Hooks of the 14th, Hudgens of the 47th and Tolleson of the 20th:
A RESOLUTION urging the Senate to recite the pledge of allegiance to the Georgia flag at appropriate times; and for other purposes.

852

1698

JOURNAL OF THE SENATE

SR 446. By Senators Schaefer of the 50th and Stephens of the 27th:
A RESOLUTION recognizing the Dr. Marc A. Chetta Family; and for other purposes.
SR 447. By Senator Hill of the 32nd:
A RESOLUTION commending Mr. Joel Goldberg, recipient of the 2004 Ronald Reagan Republican Gold Medal Award; and for other purposes.
SR 448. By Senators Jones of the 10th and Douglas of the 17th:
A RESOLUTION commending Ms. Angela Kirby; and for other purposes.
SR 449. By Senator Mullis of the 53rd:
A RESOLUTION commending the Dade County High School softball team; and for other purposes.
SR 450. By Senator Hill of the 32nd:
A RESOLUTION commending the Joseph Wheeler High School boys basketball team and coaches; and for other purposes.
SR 451. By Senator Moody of the 56th:
A RESOLUTION commending Christopher Thomas Davies; and for other purposes.
SR 452. By Senator Butler of the 55th:
A RESOLUTION remembering and honoring the life of Miss Courtney Lynn Edge; and for other purposes.
SR 453. By Senator Weber of the 40th:
A RESOLUTION creating the Senate Study Committee on the Elementary School Foreign Language Program; and for other purposes.
SR 454. By Senator Weber of the 40th:
A RESOLUTION commending the Dunwoody High School basketball team, winners of the Class AAA State Championship; and for other purposes.

THURSDAY, MARCH 17, 2005

1699

Senator Carter of the 13th asked unanimous consent that Senator Hill of the 32nd 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 17, 2005
Thirty-fourth Legislative Day

(The names listed are the Senators whose districts are affected by the legislation.)

SB 333

Douglas of the 17th Hudgens of the 47th WALTON COUNTY WATER AND SEWAGE AUTHORITY

A BILL to be entitled an Act to amend an Act creating the Walnutgrove-Youth Water Authority, now known as the Walton County Water and Sewerage Authority, approved April 3, 1972 (Ga. L. 1972, p. 3623), as amended, particularly by an Act approved April 5, 1994 (Ga. L. 1994, p. 4675), so as to continue in existence and reconstitute the authority; to provide for legislative findings; to provide for the termination of the terms of members of the authority appointed under previous law; to provide for the appointment of members and their qualifications, terms, chairperson, quorum, meetings, vacancies, and compensation; to provide for perpetual existence of the authority; to provide for ratification of outstanding revenue bond debt; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

SB 345

Seay of the 34th Starr of the 44th CLAYTON COUNTY

A BILL to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4338), so as to change the provisions relating to the salary of the tax commissioner; to provide for an effective date; to repeal conflicting laws; and for other purposes. (SUBSTITUTE)

853

1700 SB 350
HB 271

JOURNAL OF THE SENATE
Smith of the 52nd ROME, CITY OF
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Rome, approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, so as to authorize the City of Rome to exercise all redevelopment and other powers authorized or granted to municipalities under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as now or hereafter amended, and to provide for certain such powers; 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.
Harbison of the 15th Harp of the 29th COLUMBUS, CITY OF
A BILL to be entitled an Act to amend an Act providing a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as to abolish the Columbus Industrial and Port Development Commission and to repeal certain Acts and constitutional amendments related to its powers, duties, and functions; to repeal an Act approved March 18, 1986 (Ga. L. 1986, p. 3780), that continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 47 (House Resolution 170-372) enacted at the 1965 session of the General Assembly and that was duly ratified at the 1966 general election (Ga. L. 1965, p. 702), relating to the creation of the ColumbusMuscogee County Port Development Commission; to repeal that constitutional amendment that was proposed by Resolution Act No. 47 (House Resolution 170-372) enacted at the 1965 session of the General Assembly and that was duly ratified at the 1966 general election (Ga. L. 1965, p. 702), relating to the creation of the Columbus-Muscogee County Port Development Commission; to repeal an Act approved March 18, 1986 (Ga. L. 1986, p. 3782), that continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which was proposed by Resolution Act No. 64 (House Resolution 106-252) enacted at the 1967 session of the General Assembly and that was duly ratified at the 1968 general election (Ga. L. 1967, p. 947), relating to the creation of the Muscogee County Industrial Development Authority; to repeal that constitutional amendment that was proposed by

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Resolution Act No. 64 (House Resolution 106-252) enacted at the 1967 session of the General Assembly and that was duly ratified at the 1968 general election (Ga. L. 1967, p. 947), relating to the creation of the Muscogee County Industrial Development Authority; to provide for a referendum; to provide for effective dates and automatic repeal; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended, and the duties of the governing authority of Columbus, Georgia, related thereto; to repeal conflicting laws; and for other purposes.

HB 332

Schaefer of the 50th STEPHENS COUNTY

A BILL to be entitled an Act to provide that future elections for the office of probate judge of Stephens County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 511

Meyer von Bremen of the 12th BRONWOOD, CITY OF

A BILL to be entitled an Act to provide a new charter for the City of Bronwood; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, and prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for a mayor pro tempore; to provide for departments, boards, commissions, and authorities; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; 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:

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Chance of the 16th PEACHTREE CITY, CITY OF
A BILL to be entitled an Act to provide for a homestead exemption from City of Peachtree City ad valorem taxes for municipal purposes in the amount of $5,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over and whose income does not exceed $30,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Williams of the 19th VIDALIA, CITY OF
A BILL to be entitled an Act to provide for an alternate method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution of the State of Georgia between the Montgomery County School District and the City of Vidalia Independent School District located partially in Montgomery County; to provide for the authority of this Act; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
Williams of the 19th TOOMBS COUNTY
A BILL to be entitled an Act to provide for an alternate method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution of the State of Georgia between the Toombs County School District and the City of Vidalia Independent School District located in Toombs County; to provide for the authority of this Act; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
Schaefer of the 50th HABERSHAM COUNTY
A BILL to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenue for Habersham County,

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approved February 13, 1956 (Ga. L. 1956, p. 2077), as amended, so as to provide that the superintendent of roads shall be appointed by and serve under the direction of the county manager; to authorize the board of commissioners to establish a centralized purchasing system for the county; to repeal conflicting laws; and for other purposes.

HB 707

Schaefer of the 50th MOUNT AIRY, TOWN OF

A BILL to be entitled an Act to amend an Act incorporating the Town of Mount Airy, approved March 3, 1874 (Ga. L. 1874, p. 159), as amended, particularly by an Act approved August 6, 1921 (Ga. L. 1921, p. 1026), so as to annex certain territory into the limits of such city; to repeal conflicting laws; and for other purposes.

HB 758

Hill of the 4th RINCON, CITY OF

A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Rincon," approved April 4, 1997 (Ga. L. 1997, p. 3556), as amended, so as to provide that the corporate limits of such town shall not include certain property; to repeal conflicting laws; and for other purposes.

The substitute to the following bill was put upon its adoption:

*SB 345:

The Senate State and Local Governmental Operations Committee offered the following substitute to SB 345:
A BILL TO BE ENTITLED AN ACT
To amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4338), so as to change the provisions relating to the salary of the tax commissioner; to provide for 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. An Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4338), is amended by striking paragraph (1) of subsection (b) of Section 7 in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
(1) The tax commissioner of Clayton County shall receive an annual salary of $85,975.00, which amount shall include any supplements and additional compensation for any additional services or duties which are paid pursuant to any state law or county ordinance, which are being received on March 15, 2005, and which are paid from the funds of Clayton County. This shall not prohibit the governing authority of Clayton County from increasing the amount of any supplement or compensation for additional duties which the governing authority may lawfully pay to the tax commissioner on or after July 1, 2005.

SECTION 2. This Act shall become effective on July 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 37, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Brown Y Bulloch
Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort
Goggans Y Golden

Hill,Jack E Hill,Judson
Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen
Miles Y Moody Y Mullis Y Pearson
Powell

Y Smith Y Starr Y Staton Y Stephens E Stoner Y Tate Y Thomas,D
Thomas,R Thompson,C E Thompson,S Tolleson Unterman E Walker

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Grant Y Hamrick Y Harbison Y Harp
Heath Y Henson

Y Reed Y Rogers Y Schaefer Y Seabaugh
Seay Y Shafer,D

Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the local bills, the yeas were 37, nays 0.

The bills on the Local Consent Calendar, except SB 345, having received the requisite constitutional majority, were passed.

SB 345, having received the requisite constitutional majority, was passed by substitute.

Senator Smith of the 52nd asked unanimous consent that all of the bills passed on today's Local Consent Calendar be immediately transmitted to the House.

The consent was granted and all of the bills passed on today's Local Consent Calendar were immediately transmitted.

The following legislation, favorably reported by the committees, as listed on the Consent Calendar for Noncontested General Legislation, was put upon its passage.

CONSENT CALENDAR FOR NONCONTESTED GENERAL LEGISLATION THURSDAY, MARCH 17, 2005
THIRTY-FOURTH LEGISLATIVE DAY

SR 111

Federal CAN-SPAM Act; urge Congress to allow states authority regulate deceptive email (S&T-18th)

SR 116

Atlanta Belt Line Project; commend (TRANS-36th)

HB 155

Managerial control over acquisition of professional services; amend provisions (SLGO(G)-37th) Ehrhart-36th

HB 272

Educational and living expense grants; foster and adopted children; eligibility (H ED-29th) Hembree-67th

HB 319

Retirement; large retirement systems; invest in securities (RET-31st) Bridges-10th

HR 92

Joint LNG and Natural Gas Infrastructure Study Committee; create (RI&Util-28th) Burkhalter-50th

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Senator Adelman of the 42nd objected to all bills on the Consent Calendar for Noncontested General Legislation.
All bills on the Consent Calendar for Noncontested Senate General Legislation were placed at the foot of today's Rules Calendar in the order in which they appear above.
SENATE RULES CALENDAR THURSDAY, MARCH 17, 2005 THIRTY-FOURTH LEGISLATIVE DAY
HB 166 "Health Share" Volunteers in Medicine Act; enact (Substitute) (H&HS-54th) Channell-116th
HB 20 Motor vehicles; window tint restrictions; provisions (PS&HS-17th) Hill-21st
HB 67 Unmarried persons; certain benefits; neutrality of state and local laws (SLGO(G)-37th) Ehrhart-36th
SR 303 Supreme Court; urge U.S. Senators to support U. S. President's nominees (JUDY-48th)
SR 326 Local Gov't/ Georgia; encourage support of Ten Commandments as Constitutional acknowledgement of God (Amendment)(RULES-50th)
Respectfully submitted,
/s/ Balfour of the 9th, Chairman Senate Rules Committee
The following legislation was read the third time and put upon its passage:
HB 166. By Representatives Channell of the 116th, Keen of the 179th, Fleming of the 117th, Cooper of the 41st, Brown of the 69th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the O.C.G.A., relating to the care and protection of indigent and elderly patients, so as to enact the "'Health Share' Volunteers in Medicine Act"; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for contracts between health care providers and governmental contractors; to provide uncompensated health care services to low-income persons; to provide for notice requirements to patients; to provide for volunteers providing support services; to provide for applicability of benefits; to provide for a report on claim statistics; to provide for an annual report by the Department of

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Community Health to certain legislative officers; to provide for liability coverage for claims and defense of litigation; to provide for the establishment of rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Thomas of the 54th.
The Senate Health and Human Services Committee offered the following substitute to HB 166:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, so as to enact the "'Health Share' Volunteers in Medicine Act"; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for the establishment of a program for health care services to low-income recipients; to provide for contracts between health care providers and governmental contractors; to provide for uncompensated health care services to low-income persons; to provide for notice requirements to patients; to provide for volunteers providing support services; to provide for applicability of benefits; to provide for a report on claim statistics; to provide for an annual report by the Department of Community Health to certain legislative officers; to provide for liability coverage for claims and defense of litigation; to provide for the establishment of rules and regulations; to provide for applicability; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to revise certain provisions relating to the "Georgia Volunteers in Health Care Specialties Act"; to revise certain provisions relating to the "Georgia Volunteers in Dentistry Act"; to revise certain provisions relating to the "Georgia Volunteers in Medicine Health Care Act"; to amend Article 2 of Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to state tort claims, so as to revise the definition of "state officer or employee"; to change certain provisions relating to trial of actions and limitations on amounts of damages; 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 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, is amended by adding at the end thereof a new Article 8 to read as follows:
ARTICLE 8 31-8-190. This article shall be known and may be cited as the '"Health Share" Volunteers in Medicine Act.'

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31-8-191. The General Assembly finds that a significant proportion of the residents of this state who are uninsured or Medicaid recipients are unable to access needed health care because health care providers fear the increased risk of medical negligence liability. It is the intent of the General Assembly that access to medical care for indigent residents be improved by providing governmental protection to health care providers who offer free quality medical services to underserved populations of the state. Therefore, it is the intent of the General Assembly to ensure that health care professionals who contract to provide such services as agents of the state are provided sovereign immunity.
31-8-192. As used in this article, the term:
(1) 'Contract' means an agreement executed in compliance with this article between a health care provider and a governmental contractor. This contract shall allow the health care provider to deliver health care services to low-income recipients as an agent of the governmental contractor. The contract must be for volunteer, uncompensated services. Payments made to a health care provider from the Indigent Care Trust Fund shall not constitute compensation under this Article. (2) 'Department' means the Department of Community Health. (3) 'Governmental contractor' means the department or its designee or designees. (4) 'Health care provider' or 'provider' means:
(A) An ambulatory surgical center licensed under Article 1 of Chapter 7 this title; (B) A hospital or nursing home licensed under Article 1 of Chapter 7 of this title; (C) A physician or physician assistant licensed under Article 2 of Chapter 34 of Title 43; (D) An osteopathic physician or osteopathic physician assistant licensed under Article 2 of Chapter 34 of Title 43; (E) A chiropractic physician licensed under Chapter 9 of Title 43; (F) A podiatric physician licensed under Chapter 35 of Title 43; (F.1) A physical therapist licensed under Chapter 33 of Title 43; (G) A registered nurse, nurse midwife, licensed practical nurse, or advanced registered nurse practitioner licensed or registered under Chapter 26 of Title 43 or any facility which employs nurses licensed or registered under Chapter 26 of Title 43 to supply all or part of the care delivered under this article; (H) A midwife certified under Chapter 26 of this title; (I) A health maintenance organization certificated under Chapter 21 of Title 33; (J) A professional association, professional corporation, limited liability company, limited liability partnership, or other entity which provides or has members which provide health care services; (K) Any other medical facility the primary purpose of which is to deliver human medical diagnostic services or which delivers nonsurgical human medical treatment and which includes an office maintained by a provider; (L) A dentist or dental hygienist licensed under Chapter 11 of Title 43; or

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(M) Any other health care professional, practitioner, provider, or facility under contract with a governmental contractor, including a student enrolled in an accredited program that prepares the student for licensure as any one of the professionals listed in subparagraphs (C) through (H) of this paragraph. The term includes any nonprofit corporation qualified as exempt from federal income taxation under Section 501(c) of the Internal Revenue Code which delivers health care services provided by licensed professionals listed in this paragraph, any federally funded community health center, and any volunteer corporation or volunteer health care provider that delivers health care services. (5) 'Low-income' means: (A) A person who is Medicaid eligible under the laws of this state; (B) A person:
(i) Who is without health insurance; or (ii) Who has health insurance that does not cover the injury, illness, or condition for which treatment is sought; and whose family income does not exceed 200 percent of the federal poverty level as defined annually by the federal Office of Management and Budget; (C) A person: (i) Who is without dental insurance; or (ii) Who has dental insurance that does not cover the injury, illness, or condition for which treatment is sought; and whose family income does not exceed 200 percent of the federal poverty level as defined annually by the federal Office of Management and Budget; or (D) Any client or beneficiary of the department or the Department of Human Resources who voluntarily chooses to participate in a program offered or approved by the department or the Department of Human Resources and meets the program eligibility guidelines of the department or the Department of Human Resources. (6) 'Occasional-service volunteer' means a volunteer who provides one-time or occasional volunteer service. (7) 'Regular-service volunteer' means a volunteer engaged in specific voluntary service activities on an ongoing or continuous basis. (8) 'Volunteer' means any person who, of his or her own free will, provides goods or services in support of or in assistance to the program of health care services provided pursuant to this article to any governmental contractor, with no monetary or material compensation. This term shall not include a health care provider.
31-8-193. (a) The department is authorized and directed to establish a program pursuant to this article to provide for health care services to low-income recipients. The department shall enter into contracts to effectuate the purposes of this article. The department shall make reasonable efforts to promote the program to ensure awareness and participation by low-income recipients. It is the intent of the General Assembly that this program be established as soon as is practicable after the effective date of this article and that the

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program be implemented state wide at the earliest possible date, subject to available funding. (b) A health care provider that executes a contract with a governmental contractor to deliver health care services on or after July 1, 2005, as an agent of the governmental contractor shall be considered a state officer or employee for purposes of Article 2 of Chapter 21 of Title 50, while acting within the scope of duties pursuant to the contract, if the contract complies with the requirements of this article and regardless of whether the individual treated is later found to be ineligible. A health care provider acting under the terms of a contract with a governmental contractor may not be named as a defendant in any action arising out of the medical care or treatment provided on or after July 1, 2005, pursuant to contracts entered into under this article. The contract must provide that:
(1) The right of dismissal or termination of any health care provider delivering services pursuant to the contract is retained by the governmental contractor; (2) The governmental contractor has access to the patient records of patients provided services pursuant to this article of any health care provider delivering services pursuant to the contract; (3) Adverse incidents and information on treatment outcomes, as defined by the department and in accordance with the rules and regulations of the Department of Human Resources, must be reported by any health care provider to the governmental contractor if such incidents and information pertain to a patient treated pursuant to the contract. If an incident involves a licensed professional or a licensed facility, the governmental contractor shall submit such incident reports to the appropriate department, agency, or board, which shall review each incident and determine whether it involves conduct by the licensee that is subject to disciplinary action. All patient medical records and any identifying information contained in adverse incident reports and treatment outcomes which are obtained by governmental entities pursuant to this paragraph are confidential and exempt from the provisions of Article 4 of Chapter 18 of Title 50; (4) The health care provider shall provide services to patients on a walk-in and referral basis, in accordance with the terms of the contract. The provider must accept all referred patients; provided, however, that the number of patients that must be accepted may be limited under the terms of the contract. (5) The health care provider shall not provide services to a patient unless such patient has received and signed the notice required in Code Section 31-8-194; provided, however, in cases of emergency care, the patients legal representative shall be required to receive and sign the notice, or if such individual is unavailable, such patient shall receive and sign the notice within 48 hours after the patient has the mental capacity to consent to treatment. (6) Patient care and health care services shall be provided in accordance with the terms of the contract and with rules and regulations as established by the department pursuant to this article. Experimental procedures and clinically unproven procedures shall not be provided or performed pursuant to this article. The governmental

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contractor may reserve the right to approve through written protocols any specialty care services and hospitalization, except emergency care as provided for in paragraph (5) of this subsection. (7) The provider is subject to supervision and regular inspection by the governmental contractor. (c) In order to enter into a contract under this Code section, a health care provider shall: (1) Have a current valid Georgia health professional license; (2) Not be under probation or suspension by the applicable licensing board or intermediate sanction by the Centers for Medicare and Medicaid Services for medicare or Medicaid violations; and (3) Submit to a credentialing process to determine acceptability of participation. (d) The provider shall not subcontract for the provision of services under this chapter. (e) A contract entered into pursuant to this Code section shall be effective for all services provided by the health care provider pursuant to this chapter, without regard to when the services are performed.
31-8-194. The governmental contractor or the health care provider if designated in the contract must provide written notice to each patient or the patients legal representative, receipt of which must be acknowledged in writing, that the provider is a state employee or officer for purposes of this article and that the exclusive remedy for injury or damage suffered as the result of any act or omission of a provider acting within the scope of duties pursuant to a contract is by commencement of an action pursuant to the provisions of Article 2 of Chapter 21 of Title 50 and that a remedy or remedies for injury or damage suffered as the result of any act or omission of a provider acting outside the scope of duties shall be as provided for under general tort law or other applicable law.
31-8-195. (a) Every governmental contractor is authorized to recruit, train, and accept the services of volunteers, including regular-service volunteers and occasional-service volunteers in support of or in assistance to the program of health care services provided pursuant to this article to provide services, including but not limited to clerical, computer, and administrative support. (b) Prior to providing any services, a volunteer shall enter into a written agreement with the governmental contractor in a form as prescribed by the department. (c) Each governmental contractor utilizing the services of volunteers pursuant to this Code section shall:
(1) Take such actions as are necessary to ensure that volunteers understand their duties and responsibilities; (2) Take such actions as are necessary to ensure that volunteers are made aware of and follow all applicable health and safety rules, regulations, and procedures;

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(3) Take such actions as are necessary to ensure that volunteers are provided appropriate oversight and guidance in the performance of their volunteer service; and (4) Ensure that each volunteer enters into a written agreement with the governmental contractor in accordance with subsection (b) of this Code section. (d) A volunteer shall be considered a state employee or officer for purposes of Article 2 of Chapter 21 of Title 50 while performing services pursuant to and in accordance with this Code section.
31-8-196. (a) Health care providers and volunteers recruited, trained, or accepted under this article shall not be subject to any provisions of the laws of this state relating to state employment, collective bargaining, hours of work, rates of compensation, leave time, or employee benefits. However, all health care providers and volunteers shall comply with applicable department or agency rules and regulations. Health care providers who are individuals and volunteers shall be considered as unpaid independent volunteers and shall not be entitled to unemployment compensation. (b) Health care providers who are individuals and volunteers shall be covered by workers compensation in accordance with Chapter 9 of Title 34.
31-8-197. The Department of Administrative Services shall annually compile a report of all claims statistics which shall include the number and total of all claims pending and paid, and defense and handling costs associated with all claims brought against contract providers under this article. This report shall be forwarded to the department and included in the annual report submitted to the General Assembly pursuant to Code Section 31-8-198.
31-8-198. Annually, the department shall report to the President of the Senate, the Speaker of the House of Representatives, the minority leaders of each house, and chairpersons of the House Health and Human Services Committee and the Senate Health and Human Services Committee, summarizing the efficacy of access and treatment outcomes with respect to providing health care services for low-income persons pursuant to this article.
31-8-199. The department shall be responsible for and shall pay such amounts as determined by the Department of Administrative Services for insurance premiums for liability coverage for the cost of claims and defense against litigation arising out of health care services delivered pursuant to this article. The department shall be responsible for submitting to the Department of Administrative Services all underwriting information requested by and all insurance premiums assessed by the Department of Administrative Services. The department shall annually report to the Department of Administrative Services the number and type of providers who have entered into a contract pursuant to

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this article.
31-8-200. The department shall adopt rules and regulations to administer this article in a manner consistent with its purpose to provide and facilitate access to appropriate, safe, and cost-effective health care services and to maintain health care quality. All providers and volunteers shall be subject to such rules and regulations. The rules may include services to be provided and authorized procedures.
31-8-201. This article applies to incidents occurring on or after July 1, 2005. Nothing in this article in any way reduces or limits the rights of the state or any of its agencies or subdivisions to any benefit currently provided under Article 2 of Chapter 21 of Title 50.
SECTION 2. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Code Section 43-1-28, relating to volunteers in health care specialties, and inserting in lieu thereof the following:
43-1-28. (a) This Code section shall be known and may be cited as the 'Georgia Volunteers in Health Care Specialties Act.' (b) As used in this Code section, the term:
(1) 'Health care board' means that professional licensing board which licenses a health care practitioner under this title. (2) 'Health care practitioner' means a chiropractor, registered professional nurse, or podiatrist, optometrist, professional counselor, social worker, marriage and family therapist, occupational therapist, physical therapist, physicians assistant, licensed practical nurse, or certified nurse midwife. (3) 'Health care specialty' means the practice of chiropractic, nursing, or podiatry, optometry, professional counseling, social work, marriage and family therapy, occupational therapy, physical therapy, physician assistance, or midwifery. (c) Notwithstanding any other provision of law, each health care board may issue a special license to qualifying health care practitioners whose health care specialty is licensed by that board under the terms and conditions set forth in this Code section. The special license may only be issued to a person who: (1) Is currently licensed to practice the applicable health care specialty in any health care specialty licensing jurisdiction in the United States and whose license is in good standing; or (2) Is retired from the practice of the health care specialty or, in the case of a physicians assistant, has an inactive license and is not currently engaged in such practice either full time or part time and has, prior to retirement or attaining inactive status, maintained full licensure in good standing in the applicable health care

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specialty licensing jurisdiction in the United States. (d) The special licensee shall be permitted to practice the health care specialty only in the noncompensated employ of public agencies or institutions, not for profit agencies, not for profit institutions, nonprofit corporations, or not for profit associations which provide health care specialty services only to indigent patients in areas which are underserved by that specialty or critical need population areas of the state, as determined by the board which licenses that specialty, or pursuant to Article 8 of Chapter 8 of Title 31. (e) The person applying for the special license under this Code section shall submit to the appropriate health care board a copy of his or her health care specialty degree, a copy of his or her health care specialty license in his or her current or previous licensing and regulating jurisdiction, and a notarized statement from the employing agency, institution, corporation, or association, or health care program on a form prescribed by that board, whereby he or she agrees unequivocally not to receive compensation for any health care specialty services he or she may render while in possession of the special license. (f) Examinations by the health care board, any application fees, and all licensure and renewal fees may be waived for the holder of the special license under this Code section. (g) If, at the time application is made for the special license, the health care practitioner is not in compliance with the continuing education requirements established by the health care board for the applicable health care specialty, the health care practitioner shall be issued a nonrenewable temporary license to practice for six months provided the applicant is otherwise qualified for such license.
(h)(1) Except as provided for in paragraph (2) of this subsection, the The liability of persons practicing a health care specialty under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by Code Section 51-1-29.1, except that a podiatrist engaged in such practice and an employer thereof shall have the same immunity from liability as provided other health care practitioners under Code Section 51-1-29.1. (2) The liability of persons practicing a health care specialty pursuant to Article 8 of Chapter 8 of Title 31 under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by the provisions of such article. (i) This Code section, being in derogation of the common law, shall be strictly construed.
SECTION 3. Said title is further amended by striking Code Section 43-11-52, relating to volunteers in dentistry, and inserting in lieu thereof the following:
43-11-52. (a) This Code section shall be known and may be cited as the 'Georgia Volunteers in Dentistry and Dental Hygiene Act.'

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(b) Notwithstanding any other provision of law, the board may issue a special license to qualifying dentists and dental hygienists under the terms and conditions set forth in this Code section and pursuant to requirements which may be set forth in the rules and regulations of the board. The special license may only be issued to a person who is retired from the practice of dentistry or dental hygiene and not currently engaged in such practice either full time or part time and has, prior to retirement, maintained full licensure in good standing in dentistry or dental hygiene in any state. (c) The special licensee shall be permitted to practice dentistry or dental hygiene only in the noncompensated employ of public agencies or institutions, not for profit agencies, not for profit institutions, nonprofit corporations, or not for profit associations which provide dentistry or dental hygiene services only to indigent patients in areas which are underserved by dentists or dental hygienists or critical need population areas of the state, as determined by the board, or pursuant to Article 8 of Chapter 8 of Title 31. The practice of dental hygiene by a dental hygienist awarded a special license under this Code section shall be governed by Code Section 43-11-74. (d) The person applying for the special license under this Code section shall submit to the board a notarized statement from the employing agency, institution, corporation, or association, or health care program on a form prescribed by the board, whereby he or she agrees unequivocally not to receive compensation for any dentistry or dental hygiene services he or she may render while in possession of the special license. (e) The examination by the board, any application fees, and all licensure and renewal fees may be waived for the holder of the special license under this Code section. (f) If, at the time application is made for the special license, the dentist or dental hygienist is not in compliance with the continuing education requirements established by the board for dentists or dental hygienists in this state, the dentist or dental hygienist may be issued a nonrenewable temporary license to practice for six months provided the applicant is otherwise qualified for such license.
(g)(1) Except as provided for in paragraph (2) of this subsection, the The liability of persons practicing dentistry or dental hygiene under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by Code Section 51-1-29.1. (2) The liability of persons practicing dentistry or dental hygiene pursuant to Article 8 of Chapter 8 of Title 31 under and in compliance with a special license issued under this Code section shall be governed by the provisions of such article. (h) This Code section, being in derogation of the common law, shall be strictly construed. (i) Application for a license under this Code section shall constitute consent for performance of a criminal background check. Each applicant who submits an application to the board for licensure agrees to provide the board with any and all information necessary to run a criminal background check, including but not limited to classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of a background check.

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SECTION 4. Said title is further amended by striking Code Section 43-34-45.1, relating to special licenses for volunteers, and inserting in lieu thereof the following:
43-34-45.1.
(a) This Code section shall be known and may be cited as the 'Georgia Volunteers in Medicine Health Care Act.' (b) Notwithstanding any other provision of law, the board may issue a special license to qualifying physicians under the terms and conditions set forth in this Code section. The special license may only be issued to a person who:
(1) Is currently licensed to practice medicine in any medical-licensing jurisdiction in the United States and whose license is in good standing; or (2) Is retired from the practice of medicine and not currently engaged in such practice either full time or part time and has, prior to retirement, maintained full licensure in good standing in any medical-licensing jurisdiction in the United States. (c) The special licensee shall be permitted to practice medicine only in the noncompensated employ of public agencies or institutions or not for profit agencies, not for profit institutions, nonprofit corporations, or not for profit associations which provide medical services only to indigent patients in medically underserved or critical need population areas of the state, as determined by the board, or pursuant to Article 8 of Chapter 8 of Title 31. (d) The person applying for the special license under this Code section shall submit to the board a copy of his or her medical degree, a copy of his or her license in his or her current or previous licensing and regulating jurisdiction, and a notarized statement from the employing agency, institution, corporation, or association, or health care program, on a form prescribed by the board, whereby he or she agrees unequivocally not to receive compensation for any medical services he or she may render while in possession of the special license. (e) The examination by the board, any application fees, and all licensure and renewal fees must be waived for the holder of the special license under this Code section and do not apply to such person. (f) If at the time application is made for the special license the physician is not in compliance with the continuing medical education requirements established by the board, the physician shall be issued a nonrenewable temporary license to practice for six months provided the applicant is otherwise qualified for such license. (g)(1) Except as provided for in paragraph (2) of this subsection, the The liability of persons practicing medicine under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by Code Section 51-1-29.1. (2) The liability of persons practicing medicine pursuant to Article 8 of Chapter 8 of Title 31 under and in compliance with a special license issued under this Code section and the liability of their employers shall be governed by the provisions of such article. (h) Nothing contained in this Code section shall be construed to authorize the holder of the special license provided for in this Code section to perform surgery or any surgical

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procedure. (i) This Code section, being in derogation of the common law, shall be strictly construed.
SECTION 5. Article 2 of Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to state tort claims, is amended in Code Section 50-21-22, relating to definitions, by striking paragraph (7) in its entirety and inserting in lieu thereof the following:
(7) 'State officer or employee' means an officer or employee of the state, elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of the state in any official capacity, whether with or without compensation, but the term does not include an independent contractor doing business with the state. The term state officer or employee also includes any natural person who is a member of a board, commission, committee, task force, or similar body established to perform specific tasks or advisory functions, with or without compensation, for the state or a state government entity, and any natural person who is a volunteer participating as a volunteer, with or without compensation, in a structured volunteer program organized, controlled, and directed by a state government entity for the purposes of carrying out the functions of the state entity. This shall include any health care provider and any volunteer when providing services pursuant to Article 8 of Chapter 8 of Title 31. An employee shall also include foster parents and foster children. The Except as otherwise provided for in this paragraph, the term shall not include a corporation whether for profit or not for profit, or any private firm, business proprietorship, company, trust, partnership, association, or other such private entity.
SECTION 6. Said article is further amended by striking Code Section 50-21-29, relating to trial of actions and limitations on amounts of damages, in its entirety and inserting in lieu thereof the following:
50-21-29. (a) Trial of tort actions against the state under this article shall be conducted by a judge with a jury; provided, however, the parties may agree that the same be tried by a judge without a jury.
(b)(1) Except as provided for in paragraph (2) of this subsection, in In any action or claim for damages brought under the provisions of this article, no person shall recover a sum exceeding $1 million because of loss arising from a single occurrence, regardless of the number of state government entities involved; and the states aggregate liability per occurrence shall not exceed $3 million. The existence of these caps on liability shall not be disclosed or suggested to the jury during the trial of any action brought under this article. (2) In any action or claim for damages brought under the provisions of this article pursuant to Article 8 of Chapter 8 of Title 31, any caps specified under Code Section

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51-13-1, notwithstanding any applicability limitations specified in such Code section, shall serve as a total cap of all damages, regardless of the type of damages claimed; provided, however, that in no event shall the states liability exceed the limits provided for in paragraph (1) of this subsection. The existence of this cap on liability shall not be disclosed or suggested to the jury during the trial of any action brought under this article.

SECTION 7. This Act shall become effective only if funds are specifically appropriated for purposes of this Act in an appropriations Act making specific reference to this Act. This Act shall become effective when funds as appropriated become available for expenditure.

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

Senator Williams of the 19th offered the following amendment:

Amend the Senate Health and Human Services substitute to HB 166 (LC 33 0851S) by striking "(a)" on line 2 of page 7.

By striking lines 9 and 10 of page 7.

On the adoption of the amendment, the yeas were 31, nays 0, and the Williams amendment was adopted.

On the adoption of the substitute, the yeas were 29, nays 0, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson
Jones Y Kemp
Me V Bremen Y Miles Y Moody

Y Smith Y Starr Y Staton Y Stephens E Stoner Y Tate Y Thomas,D
Thomas,R Y Thompson,C E Thompson,S

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Y Fort Y Goggans
Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Tolleson Y Unterman E Walker Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 46, nays 0.

HB 166, having received the requisite constitutional majority, was passed by substitute.

Senator Mullis of the 53rd recognized the Dade County High School Softball Team, commended by SR 449, adopted previously.

Senator Thompson of the 5th asked unanimous consent that Senator Stoner of the 6th be excused. The consent was granted, and Senator Stoner was excused.

Senator Thompson of the 5th asked unanimous consent that Senator Meyer von Bremen of the 12th be excused. The consent was granted, and Senator Meyer von Bremen was excused.

The Calendar was resumed.

HB 20. By Representatives Hill of the 21st, Scheid of the 22nd, Byrd of the 20th and Lindsey of the 54th:

A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of motor vehicles generally, so as to repeal and reenact certain provisions regarding window tint restrictions; to provide for definitions; to regulate the application or affixing of light transmission reducing material or glazing; to provide for criminal penalties; to provide for powers, duties, and authority of the Department of Motor Vehicle Safety; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Douglas of the 17th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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Adelman Y Balfour
Brown N Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp E Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

Smith Y Starr Y Staton Y Stephens E Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman E Walker Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 45, nays 4.

HB 20, having received the requisite constitutional majority, was passed.

Senators Whitehead of the 24th and Powell of the 23rd recognized Miss Augusta 2005, Ashley Foster.

Senator Harbison of the 15th asked unanimous consent that Senator Hooks of the 14th be excused. The consent was granted, and Senator Hooks was excused.

The Calendar was resumed.

HB 67. By Representatives Ehrhart of the 36th, Willard of the 49th, Martin of the 47th, Jennings of the 82nd, Lunsford of the 110th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government in general, so as to provide for neutrality of state law with respect to freedom of decision to provide or not provide certain benefits to unmarried persons; to provide that

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state and local government entities shall comply with such policy of neutrality; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Wiles 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:

N Adelman Y Balfour
Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson
Jones Y Kemp E Me V Bremen N Miles Y Moody Y Mullis
Pearson Y Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens E Stoner N Tate Y Thomas,D Y Thomas,R N Thompson,C E Thompson,S Y Tolleson Y Unterman E Walker Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 37, nays 11.

HB 67, having received the requisite constitutional majority, was passed.

SR 303. By Senators Shafer of the 48th, Rogers of the 21st, Staton of the 18th, Cagle of the 49th, Weber of the 40th and others:

A RESOLUTION urging the United States Senators of the State of Georgia to support the Presidents nominees to the United States Supreme Court; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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On the adoption of the resolution, a roll call was taken, and the vote was as follows:

N Adelman Y Balfour
Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson
Jones Y Kemp E Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell
Reed Y Rogers Y Schaefer Y Seabaugh
Seay Y Shafer,D

Y Smith N Starr Y Staton Y Stephens E Stoner N Tate Y Thomas,D N Thomas,R N Thompson,C E Thompson,S Y Tolleson Y Unterman E Walker Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the adoption of the resolution, the yeas were 36, nays 10.

SR 303, having received the requisite constitutional majority, was adopted.

Senator Pearson of the 51st asked unanimous consent that Senator Smith of the 52nd be excused. The consent was granted, and Senator Smith was excused.

Senator Thompson of the 5th asked unanimous consent that Senator Adelman of the 42nd be excused. The consent was granted, and Senator Adelman was excused.

SR 326. By Senators Schaefer of the 50th, Williams of the 19th, Hill of the 32nd, Stephens of the 27th, Pearson of the 51st and others:

A RESOLUTION encouraging support for the display of the Ten Commandments as a Constitutional acknowledgment of God by local governments and the State of Georgia; and for other purposes.

The Senate Rules Committee offered the following amendment:

Amend SR 326 on lines 20 and 21 of page 2 by replacing "GENERAL ASSEMBLY OF GEORGIA" with "SENATE".

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On the adoption of the amendment, the yeas were 34, nays 1, and the committee amendment was adopted.
Senator Brown of the 26th offered the following amendment #1 to SR 326 (LC 33 0811) as amended by the Senate Rules Committee (AM 14 0765):
By inserting the following beginning on line 8 of page 3:
BE IT FURTHER RESOLVED BY THE SENATE that, in order to remind our judges and juries of the lessons contained in the Ten Commandments when making decisions that affect the people of Georgia, this body encourages our judges to display the Ten Commandments in at least a 72 point font size so that the text of the Ten Commandments can actually be read by judges and juries.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

E Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas N Fort N Goggans Y Golden N Grant N Hamrick Y Harbison
Harp N Heath Y Henson

N Hill,Jack N Hill,Judson E Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

E Smith Y Starr N Staton N Stephens E Stoner Y Tate N Thomas,D Y Thomas,R Y Thompson,C E Thompson,S N Tolleson N Unterman E Walker N Weber N Whitehead N Wiles Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 17, nays 32, and the Brown amendment #1 was lost.

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Senator Miles of the 43rd offered the following amendment #2:
Amend SR 326 to require all churches, synagogues and mosques and other places of worship to prominently display the 10 Commandments.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

E Adelman N Balfour
Brown N Bulloch N Butler N Cagle N Carter N Chance N Chapman N Douglas N Fort N Goggans N Golden N Grant N Hamrick Y Harbison
Harp N Heath N Henson

N Hill,Jack N Hill,Judson E Hooks N Hudgens N Johnson
Jones N Kemp N Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell
Reed N Rogers N Schaefer N Seabaugh Y Seay N Shafer,D

E Smith N Starr N Staton N Stephens E Stoner N Tate N Thomas,D Y Thomas,R
Thompson,C E Thompson,S N Tolleson N Unterman E Walker N Weber N Whitehead N Wiles N Williams N Zamarripa

On the adoption of the amendment, the yeas were 5, nays 40, and the Miles amendment #2 was lost.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

E Adelman Y Balfour Y Brown Y Bulloch N Butler Y Cagle

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens Y Johnson
Jones

E Smith Y Starr Y Staton Y Stephens E Stoner N Tate

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Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison
Harp Y Heath N Henson

Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Thomas,D Y Thomas,R N Thompson,C Y Thompson,S Y Tolleson Y Unterman E Walker Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the adoption of the resolution, the yeas were 41, nays 8.

SR 326, having received the requisite constitutional majority, was adopted as amended.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has adopted by the requisite constitutional majority the following Resolution of the House:

HR 605. By Representative Keen of the 179th:

A RESOLUTION relative to adjournment; and for other purposes.

Senator Stephens of the 27th asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.

Senator Thompson of the 5th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused.

The following bill was taken up to consider House action thereto:

SB 100. By Senators Hamrick of the 30th, Thompson of the 33rd, Johnson of the 1st and Starr of the 44th:

A BILL to be entitled an Act to amend Chapter 8 of Title 16 of the O.C.G.A., relating to offenses involving theft, so as to provide for the "Georgia

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Residential Mortgage Fraud Act"; to provide a short title; to provide for definitions; to define the criminal offense of residential mortgage fraud; to provide for venue; to provide penalties; to authorize district attorneys and the Attorney General to investigate and prosecute cases of residential mortgage fraud; to provide for the forfeiture of real and personal property; to amend Chapter 14 of Title 16 of the O.C.G.A., the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," so as to include residential mortgage fraud within the definition of racketeering activity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The House amendments were as follows:

Amendment #1:

Amend SB 100 (SB100/CSFA/1) by inserting between lines 11 and 12 on page 3 the following:
An offense of residential mortgage fraud shall not be predicated solely upon information lawfully disclosed under federal disclosure laws, regulations, and interpretations related to the mortgage lending process.

Amendment #2:

Representatives Hatfield of the 177th and Bordeaux of the 162nd move to amend SB 100 as follows:

On p. 3, line 7 delete "or endeavors".

Amendment #3:

Representatives Bordeaux of the 162nd and Davis of the 109th move to amend SB 100 as follows:

On p. 3, line 5 Delete the "or" which appears after "knew".

Senator Hamrick of the 30th moved that the Senate agree to the House amendments to SB 100.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour Y Brown

Y Hill,Jack Y Hill,Judson E Hooks

E Smith Y Starr Y Staton

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Y Bulloch Y Butler
Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick
Harbison Y Harp Y Heath Y Henson

Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson
Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S
Tolleson Y Unterman E Walker Y Weber
Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 100.

Senator Rogers of the 21st asked unanimous consent that Senator Tolleson of the 20th be excused. The consent was granted, and Senator Tolleson was excused.

The following bill was taken up to consider House action thereto:

SB 107. By Senators Williams of the 19th, Tolleson of the 20th, Hill of the 4th, Powell of the 23rd and Grant of the 25th:

A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to add an additional route to the Developmental Highway System; 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 4 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to add an additional route to the Developmental Highway System; 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. Article 2 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, is amended by striking paragraphs (18) and (19) of subsection (a) of Code Section 32-4-22, relating to the creation of the Developmental Highway System, and inserting in their place the following:
(18) Power Alley, U.S. 280 from Columbus to Savannah; and (19) SR 125 from its intersection with SR 107 in Ben Hill County (Fitzgerald Bypass) to its intersection with SR 32 in Irwin County; and (20) SR 15 from its intersection with US 441/SR 24 at Watkinsville to its intersection with US 1 in Toombs County.
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 107.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Balfour
Y Brown Y Bulloch Y Butler
Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort
Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

E Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman E Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 107.
The following bill was taken up to consider House action thereto:
SB 121. By Senators Moody of the 56th, Shafer of the 48th, Hill of the 32nd, Williams of the 19th, Rogers of the 21st and others:
A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required, so as to exempt records of the State Road and Tollway Authority that would reveal the identity, financial accounts, or travel history of an individual who is a motorist on a tollway project; 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 Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required, so as to exempt records of the State Road and Tollway Authority that would reveal the financial accounts or travel history of an individual who is a motorist on a tollway project; to provide for related matters; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required, is amended by striking paragraphs (16) and (17) of subsection (a) and inserting in lieu thereof new paragraphs (16), (17), and (18) to read as follows:
(16) Unless the request is made by the accused in a criminal case or by his or her attorney, public records of an emergency '911' system, as defined in paragraph (3) of Code Section 46-5-122, containing information which would reveal the name, address, or telephone number of a person placing a call to a public safety answering point, which information may be redacted from such records if necessary to prevent the disclosure of the identity of a confidential source, to prevent disclosure of material which would endanger the life or physical safety of any person or persons, or to prevent the disclosure of the existence of a confidential surveillance or investigation; or

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(17) Records of athletic or recreational programs, available through the state or a political subdivision of the state, that include information identifying a child or children 12 years of age or under by name, address, telephone number, or emergency contact, unless such identifying information has been redacted; or (18) Records of the State Road and Tollway Authority which would reveal the financial accounts or travel history of any individual who is a motorist upon such toll project. Such financial records shall include, but not be limited to social security number, home address, home telephone number, e-mail address, credit or debit card information, and bank account information but shall not include the users name.

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all requests for copies of records or to inspect records filed or submitted on or after such date and that are pending on such date.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Moody of the 56th moved that the Senate agree to the House substitute to SB 121.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen
Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman E Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 121.
Senator Pearson of the 51st asked unanimous consent that Senator Cagle of the 49th be excused. The consent was granted, and Senator Cagle was excused.
The following bill was taken up to consider House action thereto:
SB 134. By Senators Kemp of the 46th, Harbison of the 15th, Fort of the 39th, Zamarripa of the 36th and Stephens of the 27th:
A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the Department of Juvenile Justice operate certain programs for persons who violate the terms and conditions of probation; to provide that the Department of Juvenile Justice operate certain community based alternative programs under certain circumstances; to change provisions relating to disposition of a delinquent child; 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, so as to change provisions relating to disposition of a delinquent child; to provide for certain circumstances under which a child may be ordered to serve time in a youth development center; to change the length of commitment to a youth development center; to provide that the Department of Juvenile Justice or juvenile courts establish certain community based alternative programs; 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 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking subsection (b) of Code Section 15-11-66, relating to disposition of a delinquent child, and inserting in lieu thereof the following:
(b)(1) At the conclusion of the dispositional hearing provided in subsection (a) of Code Section 15-11-65, if the child is found to have committed a delinquent act, the court may, in addition to any other treatment or rehabilitation, suspend the drivers license of such child for any period not to exceed the date on which the child becomes

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18 years of age or, in the case of a child who does not have a drivers license, prohibit the issuance of a drivers license to such child for any period not to exceed the date on which the child becomes 18 years of age. The court shall retain the drivers license for a period of suspension and return it to the offender at the end of such period. The court shall notify the Department of Motor Vehicle Safety of any such actions taken pursuant to this subsection. If the child is adjudicated for the commission of a delinquent act, the court may in its discretion in those cases involving: (A) a violation of probation involving another adjudicated delinquent act and upon the court making a finding of fact that the child has failed to respond to the graduated alternative sanctions set forth in paragraph (2) of this subsection; (B) an offense that would be a felony if committed by an adult; or (C) an offense that would be a misdemeanor of a high and aggravated nature if committed by an adult and involving bodily injury or harm or substantial likelihood of bodily injury or harm, in addition to any other treatment or rehabilitation, order the child to serve up to a maximum of 90 60 days in a youth development center, or after assessment and with the courts approval, in a treatment program provided by the Department of Juvenile Justice or the juvenile court. A child ordered to a youth development center under this subsection and detained in a secured facility pending placement in the youth development center shall be given credit for time served in the secured facility awaiting placement. (2) The Department of Juvenile Justice, in conjunction with the Council of Juvenile Court Judges of Georgia, shall establish and monitor a graduated alternative sanctions program for children on probation. The graduated alternative sanctions program shall be implemented in each judicial circuit in consultation with the judge of the juvenile court. The graduated alternative sanctions program may include, but shall not be limited to, community service, electronic monitoring, increased reporting or intensive supervision, home confinement, day or evening reporting centers, or treatment
intervention.

SECTION 2. 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 134.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler E Cagle N Carter Y Chance

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens E Johnson Y Jones Y Kemp N Me V Bremen

Y Smith Y Starr Y Staton Y Stephens Y Stoner
Tate Y Thomas,D Y Thomas,R

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Y Chapman Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Thompson,C Y Thompson,S E Tolleson Y Unterman E Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 47, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 134.

The following bill was taken up to consider House action thereto:

SB 220. By Senator Schaefer of the 50th:

A BILL to be entitled an Act to create the Rabun County 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 and authority to promote tourism, conventions, and trade shows in Rabun County, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directorship of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for regulations; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:

A BILL TO BE ENTITLED AN ACT

To create the Rabun County 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 and authority to promote tourism, conventions, and trade shows in Rabun County, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directorship of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for

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regulations; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; 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 "Rabun County Convention and Visitors Bureau Authority Act."
SECTION 2. Definitions and references.
As used in this Act, the term: (1) "Area" means the entirety of the geographic area of Rabun County, Georgia. (2) "Authority" means the Rabin County Convention and Visitors Bureau Authority. (3) "Board" means the board of directors of the Rabun County Convention and Visitors Bureau Authority. (4) "Cities" means the Cities of Clayton, Dillard, and Sky Valley. (5) "County" means Rabun County, Georgia. (6) "Special events" means events which, in the judgment of the authority, will promote tourism in the area or privately contracted functions.
SECTION 3. Creation of authority, status, tax exemption, and sovereign immunity.
(a) There is hereby created a body public and politic to be known as the Rabun County Convention and Visitors Bureau Authority. The authority shall be deemed to be a political subdivision of the state and a public corporation and, by that name, may contract and be contracted with, sue and be sued, implead and be impleaded, and bring and defend actions. The authority shall be a convention center and visitors bureau authority created by Act of the General Assembly, and is intended to be an agency and instrumentality of the city and county, and a governmental unit for purposes of Sections 103, 141, and 150 of the federal Internal Revenue Code of 1986, as amended. The authority shall not be a state institution, nor a department or agency of the state, but shall be a creation of the state, having a distinct corporate identity. For the purposes of promotion and development of tourism as provided in Code Section 48-13-51 of the Official Code of Georgia Annotated, the Rabun County Convention and Visitors Bureau Authority established by this act shall serve as a permissible, but not the exclusive, entity for the transfer of hotel and motel tax funds by the taxing entities in Rabun County. (b) The authority shall have its principal office within Rabun County, and its legal situs or residence for the purposes of this Act shall be the county.

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(c) The exercise of the powers conferred upon the authority in this Act shall constitute an essential governmental function for a public purpose. The properties of the authority, both real and personal, and the income of the authority are declared to be public properties and income used for the benefit and welfare of the people of Rabun County and not for the purpose of private or corporate benefit; and such properties, to the extent of the authoritys ownership thereof or other interest therein, and all income and obligations of the authority 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 as are now granted to cities and counties for the operation of properties or facilities similar to the properties and facilities to be owned or operated, or both, by the authority. (d) The authority shall have the same immunity and exemption from liability for torts and negligence as the state, and the officers, agents, and employees of the authority, when in performance of work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of the State of Georgia. The authority may be sued the same as private corporations on any contractual obligation of the authority. Any action to protect or to enforce any rights pursuant to the provisions of this Act or any suit or action against the authority shall be brought in the Superior Court of Rabun County, which shall have exclusive, original jurisdiction of such actions. The property of the authority shall not be subject to levy and sale under legal process. The records of the authority shall be public records which are subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A. 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 or county.
SECTION 4. Directors and meetings.
(a) The property and business of the authority and the direction of its work shall be vested in and managed under the direction of its board of directors. The board shall have full control for setting policies, day-to-day operations, and approving annual budgets, as specified in Section 8 of this Act, subject only to the limitation specified herein. (b) The board shall consist of 22 directors, who shall be natural persons at least 21 years of age and who shall be residents of the county. The city councils of the Cities of Clayton, Dillard, and Sky Valley and the county board of commissioners shall appoint one director each, who may or may not be directors of the respective council or board of commissioners, and who shall serve two-year terms. The four initial appointees shall make 18 additional appointments, subject to confirmation by the city council of each city and the county board of commissioners. In order to achieve staggered terms, nine of such 18 appointments shall be designated as being for one year and nine shall be designated for two years. Thereafter, all directors shall serve for terms of two years. The terms of directors shall expire on the last day of January of the year of expiration and appointments for the succeeding two-year term shall be made in January with such

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appointments being effective as of the next February 1. Any director may resign at any time by filing a written notice of resignation with the chairperson of the board. Directors may be removed for cause by a majority vote of the directors of the authority. If possible, the following shall be represented on the board:
(1) Rabun county resort properties; (2) The Dillard hotel and motel industry; (3) The Clayton hotel and motel industry; (4) The Rabun County bed and breakfast industry; (5) Clayton merchants; (6) Dillard merchants; (7) State or federal government, such as the U.S. Forest Service and state parks; (8) The outdoor recreation industry; (9) The agricultural tourism industry; (10) Environmental or conservation groups; (11) Rabun County restaurants including at least one major restaurant; (12) Georgia Power Company or other Rabun County utilities; (13) Rabun County banking industry; (14) Rabun County realtors; (15) Rabun County property rental companies; and (16) The Rabun County Chamber of Commerce. (c) The board shall meet at such times as may be necessary to transact the business coming before it, but not less often than monthly. Either the chairperson or any two other directors together may call a special meeting of the board. Meetings of the board shall be open to the public in accordance with the laws of the State of Georgia. Written minutes of all meetings shall be kept, and within ten days following every meeting, a copy of the minutes shall be furnished to the mayor and council of each city and to the county board of commissioners. Meetings shall be conducted in accordance with the latest version of Roberts Rules of Order. (d) At the first meeting of the board, and thereafter subsequent to the biennial new appointments, the directors shall elect a chairperson and a vice chairperson from its voting directorship. The chairperson shall preside at meetings of the board and shall vote on all matters coming before the board except when an even number of directors are present and creates the possibility of a tie vote. In such instance, the chairperson shall not vote except to break a tie vote. The vice chairperson shall preside at meetings in the absence of the chairperson. In the absence of both the chairperson and vice chairperson, the directors present at a meeting shall elect a temporary chairperson to preside at that meeting, so long as the chairperson and vice chairperson both remain absent from the meeting. A quorum shall consist of at least 50 percent of the whole number of directors then in office for the transaction of business at all meetings. Official action may be taken by majority vote of those directors voting on a matter if a quorum is present and voting on such matter, except that the bylaws of the authority shall be initially adopted or subsequently amended only by majority vote of all directors. All directors present at a meeting, including the chairperson, vice chairperson, or any other director presiding at

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such meeting, shall be entitled to vote on all matters which shall come before the board. No vacancy on the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority. (e) Directors shall receive no compensation for their services as directors of the authority but may be reimbursed for their proper and reasonable expenses incurred in the performance of their duties, subject to any limitations imposed by general law upon the reimbursement of public officials and subject to any limitations which may be contained, from time to time, in the bylaws of the authority.
(f)(1) As used in this subsection, the term "substantial interest or involvement" means any interest or involvement which reasonably may be expected to result in a direct financial benefit to a director, as determined by the authority directors by vote, which determination shall be final and not subject to review. (2) The provisions of Code Section 45-10-3 of the O.C.G.A. shall apply to the directors of the authority, and a director of the authority shall not engage in any transaction with the authority. The provisions of this paragraph and the provisions of paragraph (9) of such Code section shall be deemed to have been complied with and the authority may purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any director or any organization or person with which any director of the authority is in any way interested or involved, provided that:
(A) Any interest or involvement by such director is disclosed in advance to the directors of the authority who will be voting on the matter or transaction and such disclosure is recorded in the minutes of the board; (B) No director having such a substantial interest or involvement may be present at that portion of any meeting of the authority during which discussion of such matter or transaction is conducted; and (C) No director having a substantial interest or involvement may participate in any decision of the authority directors relating to any such matter or transaction. A director who has any such substantial interest or involvement shall be entitled to participate in discussions of whether such interest or involvement is a substantial interest or involvement but shall not be entitled to vote on the question. (3) Nothing contained in this subsection or in Code Section 45-10-3 of the O.C.G.A. shall be deemed to prohibit any director from providing legal services to the authority, being paid for such services and related expenses, or participating in discussions relating to his or her engagement, scope of services, compensation, or related matters or from voting on such matters.
SECTION 5. Purpose.
The purpose of the authority is to promote tourism, conventions, special events, and trade shows within the area in such manner and manners as the authority shall determine to be appropriate.

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SECTION 6. Duty of the authority.
It shall be the duty of the authority to promote tourism, conventions, special events, and trade shows within the area and to operate the authority and its facilities in a fiscally responsible manner.
SECTION 7. Powers.
(a) The authority shall have all powers allowed by law and consistent with the provisions of this Act as are necessary or convenient to carry out its corporate purpose, including, without limitation, the power to:
(1) Adopt and alter a corporate seal; (2) Purchase advertising promoting tourism, conventions, trade shows, and special events; (3) Encourage, solicit, promote, procure, sponsor, cosponsor, and service conventions, trade shows, and special events; (4) Lend financial support through grants, contributions, or otherwise to other governmental entities in furtherance of its corporate purpose; (5) Lend financial support through grants, contributions, or otherwise to private sector for profit and not for profit entities in furtherance of its corporate purpose, specifically provided that the authority determines that the residents of the area shall receive a substantial benefit and provided that it does so by written agreement; (6) Conduct activities to foster better public understanding on the part of individuals and businesses of the importance of tourism and the convention and visitors industry to the economy of the cities, of the county, and of the area; (7) Conduct activities to encourage and to assist the cooperation between the businesses and industries servicing tourists, conventions, trade shows, and special events; (8) Engage in fundraising activities in furtherance of its corporate purpose; (9) Acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (10) Dispose of personal property in its discretion; to dispose of real property; or to acquire in its own name by purchase, upon terms and conditions and in a manner it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purpose, to use the same so long as its corporate existence shall continue, or to lease or make contracts with respect to the use of the same. If the authority deems it expedient to acquire and construct any facility on any lands, the title to which shall then be held by the city, the county, or any other municipality incorporated in said county, the governing authority or body of the city, the county, or any of the said municipalities is authorized to convey title to such lands to the authority upon the receipt of such lawful consideration as may be determined

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by the parties for such conveyance or upon payment for the credit of the general finds of said county or municipalities of the reasonable value of such lands, such value to be determined by mutual consent of said county or municipality and the chairperson of the authority; (11) Appoint, select, and employ an executive director, officers, agents, and employees, and independent consultants including but not limited to engineering, architectural, and construction experts, fiscal agents, auditors, economists, and attorneys and fix their respective compensations; and to delegate to the executive director the authority and responsibility necessary to administer properly the day-today business of the authority within policies set by the board and subject to its review. The powers delegated to the executive director may, at the election of the board, include the making of recommendations as to the hiring and termination of other employees and their compensation, the management of the authoritys offices and properties, the making of budget recommendations, and the hiring of independent consultants. The board shall ensure that the executive director and any other employees of the authority shall be evaluated on their performance no less than on an annual basis. (12) Appoint an advisory committee and other committees of persons from the public and private sectors without regard to their places of residence; (13) Make contracts of every kind and character, and, without limitation, any and all persons, firms, and corporations and the state and any and all political subdivisions, departments, institutions, or agencies of the state, including, but not limited to, the county and the cities, are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, the authority shall be permitted to enter into the following:
(A) Contracts under which the authority purchases administrative and financial management services from the city or county to be performed by personnel at the citys or countys cost, which shall include the costs of payroll, employee benefits, supplies, and overhead reasonably allocable to the performance of such services; and (B) Lease contracts relating to leases of real property, personal property, or both real and personal property; (14) Accept loans and grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof, upon such terms and conditions as the United States or such agency or instrumentality may impose; (15) Accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political division thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (16) Sell, lease, grant, exchange, or otherwise dispose of any personal property or interest therein; (17) Sue and be sued in contract and in tort and to complain and defend in all courts;

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(18) Advise and recommend plans to other public and private sector entities for the promotion of tourism, conventions, trade shows, and special events; (19) Conduct studies and develop plans for improving tourism in the area; (20) Receive and disburse public funds appropriated by the city and county and to receive and disburse funds from private sources and other revenues which may be received from time to time which would assist in the accomplishment of its corporate purpose; and (21) Do all things necessary or convenient to accomplish its corporate purpose and to exercise any power permitted by the laws of this state to be exercised by private corporations which will further the authoritys ability to accomplish such purpose, so long as the exercise of such power is not in conflict with the Constitution or 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 any other powers elsewhere in this Act or which may reasonably be inferred from the provisions of this Act. This Act shall be liberally construed to affect the described purposes, and in interpreting this Act, the courts are not to apply "Dillons Rule."
SECTION 8. Budget and finances.
(a) A budget committee consisting of the directors appointed by the governing authority of the county and by the chamber of commerce shall prepare the initial budget for the authority. Such budget shall be approved by unanimous vote of the committee, after which it shall be submitted to the full board of directors for approval by majority vote. Such initial budget shall not become effective until it has been approved by the governing authorities of the county and each city. The same process shall govern the second budget year, after which the procedures provided in subsection (b) of this section shall apply; provided, however, that if the second year budget fails to receive the required approval of the budget committee, the board of directors, or a governing authority, the provisions of subsection (b) of this section shall take effect immediately. (b) On or before April 30 of each year, the authority shall receive its verified audit for the prior year. Prior to October 1 of each year, the chairperson of the board shall appoint one director of the authority to confer jointly with the administrators or mayor of each city that collects hotel motel taxes and with the county administrator and to act as liaison with regard to a proposed budget for the authority for the ensuing year. Such persons shall annually be known as the Budget Committee. The Budget Committee shall produce a proposed budget for approval by the board and submission, by October 1 of each year, to the mayors and councils of the cities that collect hotel motel taxes and to the county board of commissioners. If the Budget Committee does not unanimously present a proposed budget to the board for approval and submission, then the board shall submit a continuation budget not greater than the total approved budget for the current year. The

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continuation budget shall include any upward or downward adjustment necessary to meet all debt service requirements. If either the cities or county, or both, shall fail or refuse to approve the budget as submitted by the board by December 31, then the continuation budget, as set forth above, shall become automatically effective in order to ensure operational continuity of the authority. Commencing Fiscal Year 2005, the cities and county shall each be required to provide funding to the authority as provided in paragraph (5.3) of Code Section 48-13-51 of the O.C.G.A. The continuation budget as set forth above shall remain in effect until the next budget cycle. In the event of a failure to reach budget agreement at that time or in subsequent years, then a percentage increase shall automatically apply to all line items of the budget equivalent to the percentage increase for the relevant time period as determined by the Blue Book CPI index for all consumer goods.
SECTION 9. Bylaws.
The authority may, by affirmative vote of a majority of all directors, adopt bylaws to govern the authority, its employees, and operation and may, by affirmative vote of twothirds of the directors, repeal, replace, or amend such bylaws.
SECTION 10. Liability limited.
Neither the directors of the authority nor any person executing notes, leases, or other agreements or obligations on behalf of the authority shall be personally liable thereon by reason of such execution.
SECTION 11. Neither cities nor county bound.
The authority shall have no power or authority to bind the cities or the county by any contract, agreement, financial obligation, indebtedness, or otherwise; and no contract, agreement, financial obligation, or indebtedness incurred by the authority shall ever be a claim or charge against the cities or county; provided, however, that both the authority and the cities or county shall be bound to each other by contracts, agreements, financial obligations, or indebtedness between themselves.
SECTION 12. Oversight.
Either the mayor and council of any of the cities or the county board of commissioners, or the designees of either, shall be authorized to inspect at their pleasure the state and condition of the authority, its properties, and all books and records pertaining to the

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authority and its affairs, and the authority shall give them such books and records and furnish them with assistance in making such inspections.

SECTION 13. Dissolution.

Should the authority, for any reason, be dissolved after full payment of all indebtedness previously incurred, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the authority at the time of such dissolution shall be conveyed to the cities and to the county as tenants in common as may be appropriate; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to such property at the time of such conveyance.

SECTION 14. Repealer.
All laws and parts of laws in conflict with this Act are repealed.

Senator Schaefer of the 50th moved that the Senate agree to the House substitute to SB 220.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch
Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans E Golden Y Grant
Hamrick Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens E Johnson Y Jones Y Kemp
Me V Bremen Y Miles Y Moody Y Mullis Y Pearson
Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Starr
Y Staton Y Stephens Y Stoner
Tate Y Thomas,D Y Thomas,R
Thompson,C Y Thompson,S E Tolleson
Unterman E Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

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On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 220.
The following resolution was read and adopted:
HR 605. By Representative Keen of the 179th:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, unless otherwise provided by subsequent resolution of the General Assembly, the meeting dates and dates of adjournment for the 2005 regular session of the General Assembly for the period of March 17, 2005, through April 1, 2005, shall be as follows:
Thursday, March 17 .......................................in session for legislative day 34 Friday, March 18............................................in adjournment Saturday, March 19 ........................................in adjournment Sunday, March 20 ..........................................in adjournment Monday, March 21 .........................................in session for legislative day 35 Tuesday, March 22.........................................in session for legislative day 36 Wednesday, March 23....................................in adjournment Thursday, March 24 .......................................in session for legislative day 37 Friday, March 25............................................in adjournment Saturday, March 26 ........................................in adjournment Sunday, March 27 ..........................................in adjournment Monday, March 28 .........................................in adjournment Tuesday, March 29.........................................in session for legislative day 38 Wednesday, March 30....................................in adjournment Thursday, March 31 .......................................in session for legislative day 39 Friday, April 1................................................in session for legislative day 40
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House.
The Calendar was resumed.
SR 111. By Senators Staton of the 18th, Shafer of the 48th, Williams of the 19th, Chance of the 16th, Douglas of the 17th and others:
A RESOLUTION to urge Congress to amend the federal CAN-SPAM Act to

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allow the states greater authority in attempting to curtail and to regulate the transmission and receipt of unwanted, unsolicited, and deceptive electronic mail; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour
Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens E Johnson Y Jones Y Kemp
Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay
Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner
Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman E Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 45, nays 1.

SR 111, having received the requisite constitutional majority, was adopted.

Senator Seay of the 34th asked unanimous consent that Senator Reed of the 35th be excused. The consent was granted, and Senator Reed was excused.

SR 116. By Senators Zamarripa of the 36th, Williams of the 19th and Tate of the 38th:

A RESOLUTION commending the Atlanta Belt Line project and urging the City of Atlanta and related parties to move forward with the Belt Line project; and for other purposes.

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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 Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman N Douglas
Fort Y Goggans E Golden Y Grant
Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson N Powell E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay
Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner
Tate Y Thomas,D
Thomas,R Y Thompson,C
Thompson,S E Tolleson Y Unterman E Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 42, nays 2.

SR 116, having received the requisite constitutional majority, was adopted.

HB 155. By Representatives Ehrhart of the 36th, Heard of the 104th, Floyd of the 147th and Heard of the 114th:

A BILL to be entitled an Act to amend Chapter 22 of Title 50 of the Official Code of Georgia Annotated, relating to managerial control over acquisition of professional services, so as to provide a statement of purpose and policy; to define a certain term; to change the maximum number of professionals considered for selection; to repeal a provision relating to the selection of a professional in certain state contracts; to require a declaration by an interior designer in certain state contracts; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Wiles of the 37th.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans E Golden Y Grant
Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell E Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner
Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman E Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 46, nays 0.

HB 155, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

Senator Kasim Reed District 35 322 Legislative Office Building Atlanta, GA 30334

Committees: Ethics Higher Education Judiciary State and Local Governmental Operations Transportation
The State Senate Atlanta, Georgia 30334

Please record my vote as "Yes" for HB 155.

/s/ Kasim Reed

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HB 272. By Representatives Hembree of the 67th, Sims of the 169th, Oliver of the 83rd, O`Neal of the 146th and Byrd of the 20th:

A BILL to be entitled an Act to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to provide for a program of educational and living expense grants for certain children who qualify as foster children; to provide for eligibility; to provide for administration, practices, procedures, and requirements related to such grants; to provide for reports; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Harp of the 29th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson E Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell E Reed Y Rogers Y Schaefer Y Seabaugh
Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens Y Stoner
Tate Y Thomas,D
Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman E Walker Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 46, nays 0.

HB 272, having received the requisite constitutional majority, was passed.

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HB 319. By Representatives Bridges of the 10th, Golick of the 34th, Cummings of the 16th and Coleman of the 97th:

A BILL to be entitled an Act to amend Code Section 47-20-84 of the Official Code of Georgia Annotated, relating to large retirement systems, so as to provide that such retirement systems may invest in certain types of securities; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Heath of the 31st.

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
The Honorable Ben Bridges State Representative State Capitol, Room 402 Atlanta, Georgia 30334

February 2, 2005
SUBJECT: State Auditor's Certification House Bill 319 (LC 21 8099)

Dear Representative Bridges:

This bill would amend provisions relating to the Public Retirement Systems Investment Authority Law. Specifically, this bill would allow `large retirement systems' to invest in securities issued by a unit investment trust or an open-end company, provided that:
The unit investment trust or open-end company is listed on a securities exchange; The assets consist of securities managed so that the fund replicates a listed index
or specific market sector; Continuous markets are quoted by market markers in the applicable unit
investment trust or open-end company; and The unit investment trust or open-end company has the capability of creating or
redeeming shares as necessary to reflect demand.

This is to certify that this is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law.

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Respectfully,

/s/ Russell W. Hinton State Auditor

Senator Thomas of the 2nd offered the following amendment:

Amend HB 319 by adding (5) The employees of any large retirement system has the right to `opt out'; and be able to withdraw/withhold their share from said system.

Senator Heath of the 31st asked unanimous consent that HB 319 be committed to the Senate Retirement Committee. The consent was granted, and HB 319 was committed to the Senate Retirement Committee.

HR 92. By Representatives Burkhalter of the 50th, Lewis of the 15th and Forster of the 3rd:

A RESOLUTION creating the Joint House and Senate LNG and Natural Gas Infrastructure Study Committee; and for other purposes.

Senate Sponsor: Senator Seabaugh of the 28th.

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
Brown Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison

Y Hill,Jack Hill,Judson
E Hooks Y Hudgens E Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell E Reed Y Rogers Y Schaefer

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D
Thomas,R Thompson,C Y Thompson,S E Tolleson Y Unterman E Walker Y Weber Y Whitehead Y Wiles

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Y Harp Y Heath Y Henson

Y Seabaugh Y Seay Y Shafer,D

Y Williams Y Zamarripa

On the adoption of the resolution, the yeas were 45, nays 0.

HR 92, having received the requisite constitutional majority, was adopted.

Senator Stephens of the 27th moved that the Senate stand adjourned pursuant to HR 605 until 1:00 p.m. Monday, March 21, 2005; the motion prevailed, and at 1:25 p.m. the President announced the Senate adjourned.

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1751

Senate Chamber, Atlanta, Georgia Monday, March 21, 2005
Thirty-fifth Legislative Day

The Senate met pursuant to adjournment at 1:00 p.m. today and was called to order by the President.

Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following Bills of the House and Senate:

HB 708.

By Representatives Jackson of the 161st, Bryant of the 160th, Bordeaux of the 162nd and Stephens of the 164th:

A BILL to be entitled an Act to authorize the Recorders Court of Chatham County to impose and collect a technology fee for each criminal fine imposed; to specify the uses to which said technology fees may be put; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 756.

By Representatives Bearden of the 68th, Butler of the 18th and Maxwell of the 17th:

A BILL to be entitled an Act to provide a new charter for the City of Temple; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, and prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for a mayor pro tempore; to provide for

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HB 761.
HB 783. HB 810. HB 811.

departments, boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, and other personnel; to provide for an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Carter of the 159th, Stephens of the 164th, Day of the 163rd and Jackson of the 161st:
A BILL to be entitled an Act to amend an Act to create the Board of Elections of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 3784), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3784), so as to change the name of the board; to convert the board from a board of elections to a combined board of elections and registration; to change the manner of selecting members of the board; to provide for the filling of vacancies; to provide for the qualifications of members of the board; to provide for the transfer of all records, equipment, and other items of the board of registrars to the combined board; to abolish the board of registrars; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Byrd of the 20th, Hill of the 21st, Scheid of the 22nd and Murphy of the 23rd:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Ball Ground, approved March 28, 1990 (Ga. L. 1990, p. 4552), as amended, so as to provide for four-year terms of office for the mayor and councilmembers; to provide that persons in office on the effective date of the Act shall complete the terms for which they were elected; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representative Greene of the 149th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the board of education of Seminole County, approved March 14, 1983 (Ga. L. 1983, p. 3994), as amended, so as to change certain provisions relating to compensation of members of the board; to repeal conflicting laws; and for other purposes.
By Representative Jenkins of the 8th:
A BILL to be entitled an Act to create the Union County Building Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office,

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qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for revenue bonds and their negotiability, sale, and use of proceeds from such sales; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for severability and an effective date; to repeal conflicting laws; and for other purposes.

SB 146.

By Senators Mullis of the 53rd, Pearson of the 51st, Thomas of the 54th, Kemp of the 46th, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to change a definition; to change the title of the director; to change certain provisions concerning authorizing the Antiterrorism Task Force to share information and work with other agencies; to amend Code Section 25-2-33 of the Official Code of Georgia Annotated, relating to release of fire loss information by insurers on request by state official, and Code Section 45-7-7 of the Official Code of Georgia Annotated, relating to compensation and allowances of certain officials not be changed without giving public notice, so as to correct the title of the director of the Georgia Bureau of Investigation; to repeal conflicting laws; and for other purposes.

The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate:

SB 53.

By Senators Smith of the 52nd, Harp of the 29th, Hill of the 32nd, Wiles of the 37th and Weber of the 40th:

A BILL to be entitled an Act to amend Code Section 19-7-22 of the Official Code of Georgia Annotated, relating to petition for legitimation of a child, notice to mother, court order, effect, and intervention by father, so as to provide that legitimation of a child may take place contemporaneously with the establishment of paternity with the consent of the mother and the father; to provide for related matters; 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 54.

By Senators Tolleson of the 20th, Harp of the 29th, Starr of the 44th, Bulloch of the 11th and Hudgens of the 47th:

A RESOLUTION creating the Joint "Future of Georgia Forestry" Study Committee; and for other purposes.

The House has adopted by the requisite constitutional majority the following Resolution of the Senate:

SR 67.

By Senators Johnson of the 1st, Mullis of the 53rd, Tolleson of the 20th, Goggans of the 7th, Stephens of the 27th and others:

A RESOLUTION proposing an amendment to the Constitution so as to provide that the tradition of fishing and hunting and the taking of fish and wildlife shall be preserved for the people and shall be managed by law and regulation for the public good; to provide for submission of this amendment for ratification or rejection; and for other purposes.

The House has agreed to the Senate substitutes to the following Bills of the House:

HB 212.

By Representatives Manning of the 32nd, Parsons of the 42nd, Oliver of the 83rd, Talton of the 145th, Lunsford of the 110th and others:

A BILL to be entitled an Act to amend Code Section 15-11-9 of the Official Code of Georgia Annotated, relating to appointment of a guardian ad litem for a child in a proceeding in juvenile court, so as to require certain training for guardians ad litem appointed for children in deprivation cases; to provide for an effective date; to repeal conflicting laws; and for other purposes.

HB 264.

By Representatives Forster of the 3rd, Manning of the 32nd, Davis of the 109th, Fludd of the 66th and Ashe of the 56th:

A BILL to be entitled an Act to amend Chapter 6 of Title 28 of the Official Code of Georgia Annotated, relating to interstate cooperation, so as to change certain provisions relating to creation and membership of the Georgia Commission on Interstate Cooperation; to provide for allowances; to change certain provisions relating to functions of the Georgia Commission on Interstate Cooperation; to change certain provisions relating to a declaration that the Council of State Governments, Council of State GovernmentsClairmont Road, L.L.C., and Southern Legislative Conference are joint governmental agencies of this state; to provide that

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certain organizations are joint governmental agencies of this state; to repeal conflicting laws; and for other purposes.

HB 293. By Representative O`Neal of the 146th:

A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, Title 10 of the O.C.G.A., relating to commerce and trade, Title 12 of the O.C.G.A., relating to conservation and natural resources, Title 15 of the O.C.G.A., relating to courts, Title 19 of the O.C.G.A., relating to domestic relations, Title 20 of the O.C.G.A., relating to education, Title 28 of the O.C.G.A., relating to the General Assembly, Title 34 of the O.C.G.A., relating to labor and industrial relations, Title 45 of the O.C.G.A., relating to public officers and employees, Title 47 of the O.C.G.A., relating to retirement and pensions, and Title 48 of the O.C.G.A., relating to revenue and taxation, so as to create the State Accounting Office; to provide for a state accounting officer; to provide for the appointment and removal of such officer; to provide for staff and offices; to provide for duties and responsibilities of such officer; to provide for effective dates; to repeal conflicting laws; and for other purposes.

HB 416.

By Representatives Ralston of the 7th, Ehrhart of the 36th, Coleman of the 144th and Parrish of the 156th:

A BILL to be entitled an Act to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide for legislative findings and purposes; to provide for applicability; to provide definitions; to provide that physical impairment shall be an essential element of an asbestos claim or a silica claim; to provide for a limitations period for filing a claim; to provide for dismissal of pending claims under certain conditions; to provide for general rules applicable to new filings; to provide for forum non conveniens; to provide for venue; to provide for joinder and consolidation of claims; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

The House has agreed to the Senate amendments to the following Bills of the House:

HB 37.

By Representatives Wilkinson of the 52nd, Willard of the 49th, Geisinger of the 48th and Lindsey of the 54th:

A BILL to be entitled an Act to incorporate the City of Sandy Springs in Fulton County; to provide for a charter for the City of Sandy Springs; to provide for incorporation, boundaries, and powers of the city; to provide for

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general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures: to provide for ordinances; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel; to repeal conflicting laws; and for other purposes.

HB 217.

By Representatives Neal of the 1st, Harbin of the 118th, Scott of the 153rd, Burmeister of the 119th, Mosby of the 90th and others:

A BILL to be entitled an Act to amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to provide that students, teachers, or other persons who serve as athletic trainers for a public or private elementary school or high school in this state must be licensed as an athletic trainer; to provide an exception for a student-trainer, assistant-trainer, or similar person who functions under the advice, consent, and supervision of a physician or a licensed athletic trainer; 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 188. By Representatives Burmeister of the 119th and Rynders of the 152nd:

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 require that the photograph of a person who is convicted of certain crimes for which such person is required to register as a sexual offender shall be published in the legal organ of the county in which such person was convicted; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Senate legislation was introduced, read the first time and referred to committee:

SB 360. By Senator Reed of the 35th:

A BILL to be entitled an Act to create the City of East Point Public Facilities Authority; to provide a short title; to provide for the appointment of members

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of the Authority; to confer powers upon the Authority; to authorize the issuance of revenue bonds of the Authority payable from the revenues, tolls, fees, charges and earnings of the Authority, contract payments to the Authority and from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings and contract payments of the Authority for the payment of such revenue bonds; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 361. By Senator Grant of the 25th:
A BILL to be entitled an Act to amend an act establishing a new charter for the City of Rutledge, approved May 4, 1992 (Ga. L. 1992, p. 6951), so as to establish salaries of the mayor and council members; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SR 457. By Senators Pearson of the 51st, Balfour of the 9th, Smith of the 52nd, Schaefer of the 50th and Rogers of the 21st:
A RESOLUTION creating the Senate Inverse Condemnation Study Committee; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SR 458. By Senators Pearson of the 51st, Balfour of the 9th, Tolleson of the 20th, Miles of the 43rd and Rogers of the 21st:
A RESOLUTION creating the Senate Tree Ordinance Study Committee; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SR 469. By Senators Cagle of the 49th, Hudgens of the 47th, Whitehead, Sr. of the 24th, Rogers of the 21st and Pearson of the 51st:
A RESOLUTION creating the Senate Environmental Program Privatization Study Committee; and for other purposes.
Referred to the Natural Resources and the Environment Committee.

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The following House legislation was read the first time and referred to committee:
HB 708. By Representatives Jackson of the 161st, Bryant of the 160th, Bordeaux of the 162nd and Stephens of the 164th:
A BILL to be entitled an Act to authorize the Recorders Court of Chatham County to impose and collect a technology fee for each criminal fine imposed; to specify the uses to which said technology fees may be put; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 756. By Representatives Bearden of the 68th, Butler of the 18th and Maxwell of the 17th:
A BILL to be entitled an Act to provide a new charter for the City of Temple; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, and prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for a mayor pro tempore; to provide for departments, boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, and other personnel; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 761. By Representatives Carter of the 159th, Stephens of the 164th, Day of the 163rd and Jackson of the 161st:
A BILL to be entitled an Act to amend an Act to create the Board of Elections of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 3784), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3784), so as to change the name of the board; to convert the board from a board of elections to a combined board of elections and registration; to change the manner of selecting members of the board; to provide for the filling of vacancies; to provide for the qualifications of members of the board; to provide for the transfer of all records, equipment, and other items of the board of registrars to the combined board; to abolish the board of registrars; to provide

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for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 783. By Representatives Byrd of the 20th, Hill of the 21st, Scheid of the 22nd and Murphy of the 23rd:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Ball Ground, approved March 28, 1990 (Ga. L. 1990, p. 4552), as amended, so as to provide for four-year terms of office for the mayor and councilmembers; to provide that persons in office on the effective date of the Act shall complete the terms for which they were elected; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 810. By Representative Greene of the 149th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the board of education of Seminole County, approved March 14, 1983 (Ga. L. 1983, p. 3994), as amended, so as to change certain provisions relating to compensation of members of the board; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 811. By Representative Jenkins of the 8th:
A BILL to be entitled an Act to create the Union County Building Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for revenue bonds and their negotiability, sale, and use of proceeds from such sales; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for severability and an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
The following committee reports were read by the Secretary:

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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 509 HR 108

Do Pass by substitute Do Pass by substitute

Respectfully submitted, Senator Hill of the 4th 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 5 HB 341 HB 431 HB 505

Do Pass Do Pass by substitute Do Pass Do Pass

HB 538 HB 556 HB 558 HB 559

Do Pass Do Pass Do Pass Do Pass by substitute

Respectfully submitted, Senator Cagle of the 49th District, Chairman

Mr. President:

The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 97 HB 170 HB 172

Do Pass Do Pass by substitute Do Pass by substitute

HB 221 HB 254

Do Pass Do Pass by substitute

Respectfully submitted, Senator Smith of the 52nd District, Chairman

Mr. President:

The Public Safety and Homeland Security Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

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HB 364 HB 501 HB 521

Do Pass by substitute Do Pass by substitute Do Pass

HB 557 HB 577 HB 613

Do Pass Do Pass Do Pass

Respectfully submitted, Senator Kemp of the 46th 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 50

Do Pass

Respectfully submitted, Senator Meyer von Bremen of the 12th 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 420 HR 166 HR 239

Do Pass Do Pass by substitute Do Pass
Respectfully submitted, Senator Thomas of the 2nd District, Chairman

Mr. President:

The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation:

HB 437 HB 583 HB 585 HB 673 HB 674 HB 676 HB 696 HB 697

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

SB 233 SB 321 SB 322 SB 323 SB 337 SB 338 SB 339 SB 340

Do Pass by substitute Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass by substitute Do Pass by substitute

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HB 711 HB 712 HB 751 HB 754 HB 760 HB 805 SB 219

Do Pass Do Pass Do Pass Do Pass by substitute Do Pass Do Pass Do Pass

SB 341 SB 342 SB 343 SB 351 SB 352 SB 357

Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass

Respectfully submitted, Senator Wiles of the 37th 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 530 HR 91 HR 94 HR 173

Do Pass by substitute Do Pass Do Pass Do Pass

HR 201 HR 231 HR 269 HR 295

Do Pass Do Pass Do Pass by substitute Do Pass by substitute

Respectfully submitted, Senator Williams of the 19th District, Chairman

The following legislation was read the second time:

HB 1 HB 17 HB 26 HB 27 HB 54 HB 58 HB 116 HB 180 HB 195 HB 196 HB 200 HB 201

HB 211 HB 216 HB 246 HB 266 HB 275 HB 291 HB 292 HB 298 HB 301 HB 306 HB 307 HB 309

HB 312 HB 320 HB 327 HB 340 HB 346 HB 347 HB 353 HB 366 HB 367 HB 372 HB 374 HB 389

HB 390 HB 392 HB 394 HB 404 HB 406 HB 407 HB 418 HB 425 HB 438 HB 440 HB 452 HB 455

HB 458 HB 467 HB 487 HB 488 HB 496 HB 520 HB 526 HB 539 HB 608 HB 622 HB 643 HB 662

HB 669 HB 678 HR 48 HR 50 HR 142 HR 193 HR 563 HR 566 SR 184 SR 297 SR 431

Senator Bulloch of the 11th asked unanimous consent that Senator Carter of the 13th be excused. The consent was granted, and Senator Carter was excused.

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Senator Bulloch of the 11th asked unanimous consent that Senator Tolleson of the 20th be excused. The consent was granted, and Senator Tolleson was excused.

Senator Mullis of the 53rd asked unanimous consent that Senator Thomas of the 54th be excused. The consent was granted, and Senator Thomas was excused.

The roll was called and the following Senators answered to their names:

Adelman Balfour Brown Bulloch Butler Cagle Carter Chance Chapman Douglas Fort Goggans Golden Grant Hamrick Harbison

Harp Heath Henson Hill,Jack Hill,Judson Hooks Hudgens Jones Kemp Me V Bremen Moody Mullis Powell Reed Rogers Schaefer

Seabaugh Seay Shafer,D Smith Starr Staton Stoner Tate Thomas,R Thompson,C Unterman Walker Weber Whitehead Wiles Williams

Not answering were Senators:

Johnson Stephens Tolleson (Excused)

Miles Thomas, D (Excused) Zamarripa

Pearson Thompson, S

The following members were off the floor of the Senate when the roll was called and wish to be recorded as present:

Senators:

Miles

Pearson

The members pledged allegiance to the flag.

Senator Heath of the 31st introduced the chaplain of the day, Pastor Herman Parker of Bremen, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

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SR 455. By Senator Golden of the 8th:
A RESOLUTION honoring Sister Therese Galarneau on the occasion of her Golden Jubilee; and for other purposes.
SR 456. By Senators Hudgens of the 47th, Cagle of the 49th and Kemp of the 46th:
A RESOLUTION recognizing and commending the Jefferson High School Dragons wrestling team; and for other purposes.
SR 459. By Senator Powell of the 23rd:
A RESOLUTION commending Allen Edward Isdell, Sr.; and for other purposes.
SR 460. By Senator Hill of the 4th:
A RESOLUTION commending and congratulating the Pinewood Christian Academy boys' basketball team; and for other purposes.
SR 461. By Senator Hill of the 4th:
A RESOLUTION remembering and honoring the life of Chief Deputy Gary Barnard; and for other purposes.
SR 462. By Senator Hill of the 4th:
A RESOLUTION commending and congratulating the Pinewood Christian Academy girls' basketball team; and for other purposes.
SR 463. By Senators Seay of the 34th, Reed of the 35th and Miles of the 43rd:
A RESOLUTION commending Pastor Rodney L. Parsley; and for other purposes.
SR 464. By Senators Chapman of the 3rd, Thomas of the 2nd and Johnson of the 1st:
A RESOLUTION commending Reverend E. C. Tillman; and for other purposes.
SR 465. By Senators Chapman of the 3rd and Goggans of the 7th:
A RESOLUTION commending the Charlton County High School football

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team, 2004 Georgia High School Association Class AA State Champions; and for other purposes.
SR 466. By Senator Rogers of the 21st:
A RESOLUTION honoring Mr. Rusty Wallace and welcoming him to the Georgia state capitol; and for other purposes.
SR 467. By Senator Rogers of the 21st:
A RESOLUTION honoring Mr. Mark Martin and welcoming him to the Georgia state capitol; and for other purposes.
SR 468. By Senators Thomas of the 54th, Mullis of the 53rd and Smith of the 52nd:
A RESOLUTION recognizing and commending Leadership Dalton-Whitfield for 20 years of community leadership and its sponsor, the Dalton-Whitfield Chamber of Commerce; and for other purposes.
SR 470. By Senators Fort of the 39th, Tate of the 38th, Reed of the 35th, Zamarripa of the 36th, Jones of the 10th and others:
A RESOLUTION congratulating Melanie Noelle Sanders, Miss Atlanta 2005; and for other purposes.
SR 471. By Senator Moody of the 56th:
A RESOLUTION commending Douglas Ian Mitchell; and for other purposes.
SR 472. By Senator Meyer von Bremen of the 12th:
A RESOLUTION recognizing and commending Albany State University President Dr. Portia Holmes Shields; and for other purposes.
SR 473. By Senator Williams of the 19th:
A RESOLUTION honoring the South Thompson Baptist Church on its 100th Anniversary in the celebration of the faithfulness of our God; and for other purposes.
SR 474. By Senator Williams of the 19th:
A RESOLUTION honoring Mr. and Mrs. Johnnie and Bill Gassaway on the

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occasion of their 65th wedding anniversary; and for other purposes.
SR 475. By Senators Moody of the 56th and Shafer of the 48th:
A RESOLUTION recognizing and commending the students, parents, teachers, and administrators of Northview High School, recipients of the 2004 Class AAAAA Governor's Cup; and for other purposes.
SR 476. By Senators Moody of the 56th and Hill of the 4th:
A RESOLUTION recognizing and commending the students, parents, teachers, and administrators of Portal Middle and High School, recipients of the 2004 Class A Governor's Cup; and for other purposes.
SR 477. By Senators Moody of the 56th and Cagle of the 49th:
A RESOLUTION recognizing and commending the students, parents, teachers, and administrators of East Hall High School, recipients of the 2004 Class AAA Governor's Cup; and for other purposes.
SR 478. By Senator Hill of the 4th:
A RESOLUTION expressing regret at the passing of Watson Lamar Samples; and for other purposes.
SR 479. By Senator Cagle of the 49th:
A RESOLUTION commending the East Hall High School basketball team, Class AA State Champions, and Head Coach Joe Dix; and for other purposes.
SR 481. By Senator Mullis of the 53rd:
A RESOLUTION welcoming the official dignitaries H.E. Guillermo Castillo, Ambassador of the Republic of Guatemala to the United States; H.E. Toms Dueas, Ambassador of the Republic of Costa Rica to the United States; H.E. Flavio Espinal, Ambassador of the Dominican Republic to the United States; Maria Bennaton, Minister for Trade and Economic Affairs for the Republic of Honduras; and Werner Romero, Counselor for Economic Affairs for the Embassy of the Republic of El Salvador in the United States, to the Georgia General Assembly; and for other purposes.

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SR 482. By Senators Moody of the 56th and Smith of the 52nd:

A RESOLUTION recognizing and commending the students, parents, teachers, and administrators of Coosa High School, recipients of the 2004 Class AA Governor's Cup; and for other purposes.

SR 483. By Senators Moody of the 56th and Powell of the 23rd:

A RESOLUTION recognizing and commending the students, parents, teachers, and administrators of Hephzibah High School, recipients of the 2004 Class AAAA Governor's Cup; and for other purposes.

Senator Butler of the 55th spoke to SR 452, adopted previously, offering condolences to the family of Courtney Lynn Edge.

Senator Thomas of the 2nd asked unanimous consent that Senator Chapman of the 3rd be excused. The consent was granted, and Senator Chapman was excused.

The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:

SENATE LOCAL CONSENT CALENDAR

Monday, March 21, 2005 Thirty-fifth Legislative Day

(The names listed are the Senators whose districts are affected by the legislation.)

SB 219

Thompson of the 5th Shafer of the 48th CITY OF NORCROSS,

A BILL to be entitled an Act to amend an Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3729), so as to change the corporate limits of the City of Norcross; to repeal conflicting laws; and for other purposes.

SB 233

Seay of the 34th Starr of the 44th CLAYTON COUNTY

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A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 25, 1994 (Ga. L. 1994, p. 4138), and an Act approved April 16, 1999 (Ga. L. 1999, p. 4556), so as to provide for the salaries of the judges of the state court; to provide for the salary of the solicitor of the state court; to provide for a county supplement; to repeal conflicting laws; and for other purposes. (SUBSTITUTE)
Williams of the 19th CITY OF VIDALIA/MONTGOMERY COUNTY
A BILL to be entitled an Act to provide for an alternate method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution of the State of Georgia between the Montgomery County School District and the City of Vidalia Independent School District located partially in Montgomery County; to provide for the authority of this Act; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
Williams of the 19th TOOMBS COUNTY/CITY OF VIDALIA
A BILL to be entitled an Act to provide for an alternate method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution of the State of Georgia between the Toombs County School District and the City of Vidalia Independent School District located in Toombs County; to provide for the authority of this Act; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
Williams of the 19th JEFF DAVIS COUNTY
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Jeff Davis County, approved March 27, 1972 (Ga. L. 1972, p. 2760), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of

SB 337 SB 338 SB 339

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current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Hudgens of the 47th CITY OF COLBERT
A BILL to be entitled an Act to amend an Act to amend, consolidate, and supersede the several Acts incorporating the City of Colbert, approved February 14, 1950 (Ga. L. 1950, p. 2417), as amended, so as to extensively revise the city charter; 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 oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Seay of the 34th Starr of the 44th CLAYTON COUNTY
A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, so as to provide that the solicitor-general of said court may employ such assistant solicitors-general, deputy solicitors-general, or other attorneys, investigators, paraprofessionals, clerical assistants, and other employees or independent contractors as may be authorized by the Board of Commissioners of Clayton County; to provide for compensation; to provide for qualifications; to repeal conflicting laws; and for other purposes.
Seay of the 34th Starr of the 44th CLAYTON COUNTY
A BILL to be entitled an Act to amend an Act creating the State

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Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4327), so as to provide for an increase in the compensation of the clerk of the state court; to provide for an effective date; to repeal conflicting laws; and for other purposes. (SUBSTITUTE)
Seay of the 34th Starr of the 44th CLAYTON COUNTY
A BILL to be entitled an Act to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4335), so as to increase the salary of the clerk of the Superior Court of Clayton County; to provide for an effective date; to repeal conflicting laws; and for other purposes. (SUBSTITUTE)
Seay of the 34th Starr of the 44th CLAYTON COUNTY
A BILL to be entitled an Act to amend an Act providing for a supplement to the salaries of the judges of the superior court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4670), so as to increase the county supplement to the state salary of said judges; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Seay of the 34th Starr of the 44th CLAYTON COUNTY
A BILL to be entitled an Act to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4342), so as to change the provisions relating to the compensation of the sheriff; to provide for an effective date; to repeal conflicting laws; and for other purposes.

SB 343 SB 351 SB 352

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Seay of the 34th Starr of the 44th CLAYTON COUNTY
A BILL to be entitled an Act to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4331), so as to change the compensation of the judge of the probate court; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Kemp of the 46th CLARKE COUNTY
A BILL to be entitled an Act to amend an Act establishing a City Court in the County of Clarke, formerly known as the State Court of Clarke County, Georgia, approved September 9, 1879 (Ga. L. 187879, p. 291), as amended, now known as the State Court of AthensClarke County, as redesignated by an Act approved March 2, 1990 (Ga. L. 1990, p. 3560), so as to authorize the court to charge a technology fee for each civil case filed and each criminal fine imposed; to specify the uses to which said technology fees may be utilized; to provide an effective date; to repeal conflicting laws; and for other purposes.

Douglas of the 17th Starr of the 44th HENRY COUNTY
A BILL to be entitled an Act to abolish the Board of Elections for Henry County, as established by an Act approved April 5, 1995 (Ga. L. 1995, p. 4198), establishing the same; to create a board of elections and registration for Henry County and provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to

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HB 585

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provide for compensation of members of the board; to provide for offices and equipment; to provide an effective date; to repeal conflicting laws; and for other purposes.
Powell of the 23rd CITY OF BLYTHE
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Blythe, approved April 29, 1997 (Ga. L.1997, p. 4491), as amended, so as to change a provision relating to removal or suspension of appointed officers and directors; to repeal conflicting laws; and for other purposes.
Goggans of the 7th CITY OF PATTERSON/PIERCE COUNTY
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Patterson in the County of Pierce, approved April 9, 1981 (Ga. L. 1981, p. 4545), as amended, so as to reduce the number of members of the city council from six to five members; to provide for the time and manner of election of the mayor and council; to provide for the terms of the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes.
Goggans of the 7th BERRIEN COUNTY
A BILL to be entitled an Act to create a board of elections and registration for Berrien 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 certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

HB 673 HB 674 HB 676

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Goggans of the 7th COFFEE COUNTY
A BILL to be entitled an Act to create a board of elections and registration for Coffee 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 and compensation; to provide for the boards performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Goggans of the 7th COFFEE COUNTY
A BILL to be entitled an Act to amend an Act abolishing the present mode of compensating the clerk of superior court, the sheriff, the ordinary, and the tax commissioner of Coffee County, known as the fee system, and providing in lieu thereof annual salaries for such officers, approved February 26, 1965 (Ga. L. 1965, p. 2087), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2508), and by an Act approved March 23, 1977 (Ga. L. 1977, p. 3699), so as to place the tax commissioner on a salary only basis; to abolish any retention of commissions by the tax commissioner; to provide that the tax commissioner shall receive the salary set forth by general law; to provide for related matters; to repeal conflicting laws; and for other purposes.
Harp of the 29th CITY OF WARM SPRINGS
A BILL to be entitled an Act to provide a new charter for the City of Warm Springs; to repeal the existing charter and all amendatory acts thereto; to provide for incorporation, boundaries, and powers of the city; to provide examples of the citys powers; to provide for a city council as the governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses,

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qualifications, prohibitions, and conflicts of interest relative to such governing authority; to provide for inquiries and investigations; to provide for eminent domain; to provide for organizational and regular and special meetings, rules of procedure, and quorums; to provide for procedures to enact ordinances, ordinances in case of emergencies, and codes of technical regulations; to provide for construction and severability; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal specific local acts; to repeal conflicting general acts; and for other purposes.
Douglas of the 17th CITY OF LOCUST GROVE
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Locust Grove, approved April 7, 1976 (Ga. L. 1976, p. 4426), as amended, so as to revise certain provisions relating to membership of elected officials on boards, commissions, and authorities; to repeal conflicting laws; and for other purposes.
Jones of the 10th Starr of the 44th CITY OF STOCKBRIDGE
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to revise certain provisions relating to membership of elected officials on boards, commissions, and authorities; to repeal conflicting laws; and for other purposes.
Harp of the 29th HARRIS COUNTY
A BILL to be entitled an Act to abolish the office of elected county surveyor of Harris County pursuant to Code Section 36-7-2.1 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.
Staton of the 18th Grant of the 25th JONES COUNTY
A BILL to be entitled an Act to provide that future elections for the office of probate judge of Jones County shall be nonpartisan

HB 751 HB 754
HB 760

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elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Bulloch of the 11th COLQUITT COUNTY
A BILL to be entitled an Act to amend an Act re-creating the board of commissioners of Colquitt County, approved March 24, 1974 (Ga. L. 1974, p. 3078), as amended, so as to change certain provisions regarding the compensation and qualifications of the county administrator; to repeal conflicting laws; and for other purposes.
Pearson of the 51st GILMER COUNTY
A BILL to be entitled an Act to create and establish the Gilmer County Building Authority, a body corporate and politic and an instrumentality of the State of Georgia; to authorize the authority to acquire, construct, equip, maintain, and operate certain projects, including buildings and facilities for use by Gilmer County for its governmental, proprietary, and administrative functions; to provide for members of the authority and their terms, organization, and reimbursement; to provide that the property of the authority shall not be subject to levy and sale; to provide that certain moneys are trust funds; to provide that this Act shall be liberally construed; to define the scope of the authoritys operation; to provide for disposition of property upon authority dissolution; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. (SUBSTITUTE)
Staton of the 18th Grant of the 25th JONES COUNTY
A BILL to be entitled an Act to abolish the office of elected county surveyor of Jones County pursuant to Code Section 36-7-2.1 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 805

Chance of the 16th Staton of the 18th MONROE COUNTY

A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Monroe County, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, so as to repeal certain provisions relating to the powers and duties of the clerk of the board of commissioners; to repeal certain provisions relating to quarterly financial statements; to repeal conflicting laws; and for other purposes.

The substitutes to the following bills were put upon their adoption:

*SB 233:

The Senate State and Local Governmental Operations Committee offered the following substitute to SB 233:

A BILL TO BE ENTITLED AN ACT

To amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 25, 1994 (Ga. L. 1994, p. 4138), and an Act approved April 16, 1999 (Ga. L. 1999, p. 4665), so as to provide for the salaries of the judges of the state court; to provide for the salary of the solicitor-general of the state court; to provide for a county supplement; 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. An Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 25, 1994 (Ga. L. 1994, p. 4138), and an Act approved April 16, 1999 (Ga. L. 1999, p. 4665), is amended by striking Section 3 and inserting in lieu thereof the following:

SECTION 3. Judges salaries.

Each judge of the State Court of Clayton County shall receive a salary equal to 90 percent of the state salary provided by general law for judges of the superior courts, plus 1 1/2

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percent of such base salary and any supplement received pursuant to state law or county ordinance multiplied by the number of complete years of service as judge served by such person since January 1, 2005. Such longevity increase shall be calculated and payable in equal monthly installments by the board of commissioners out of the general funds of Clayton County. The governing authority of Clayton County shall be authorized to supplement such salary.
SECTION 2. Said Act is further amended by striking in its entirety Section 6 and inserting in lieu thereof the following:
SECTION 6. Salary of the solicitor-general.
The solicitor-general of the State Court of Clayton County shall receive a salary equal to 70 percent of the salary provided by this Act for the judges of the State Court of Clayton County, not including any county supplements, plus 1 1/2 percent of such base salary and any supplement received pursuant to state law or county ordinance multiplied by the number of complete years of service as solicitor-general served by such person since January 1, 2005. Such longevity increase shall be calculated and payable in equal monthly installments by the board of commissioners out of the general funds of Clayton County. In addition, the solicitor-general shall receive a county supplement to such salary in the amount of $13,500.00 per annum paid on an equal monthly basis. Such amount shall be inclusive of any county supplement the solicitor-general was receiving on April 1, 2005, and may be increased by the county governing authority.
SECTION 3. This Act shall become effective on July 1, 2005; provided, however, that if House Bill 341 introduced in the regular 2005 Session of the General Assembly granting certain airlines an exemption from local sales taxes is enacted and becomes law, this Act shall stand repealed on July 1, 2005.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted.
*SB 339:
The Senate State and Local Governmental Operations Committee offered the following substitute to SB 339:

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A BILL TO BE ENTITLED AN ACT
To amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4327), so as to provide for an increase in the compensation of the clerk of the state court; 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. An Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4327), is amended by striking subsection (b) of Section 8 and inserting in its place the following:
(b)(1) The clerk of the state court shall be compensated in the amount of $65,783.00 or in an amount not less than 95 percent of the base amount of the minimum salary of a clerk of the superior court of a county with the population of Clayton County as provided in subsection (a) of Code Section 15-6-88 of the Official Code of Georgia Annotated without regard to cost-of-living or longevity increases, whichever is greater. The base salary of the clerk shall be increased at the same time and by the same percentage as the minimum salary provided by general law for the sheriff of Clayton County is increased by operation of paragraph (2) of subsection (a) of Code Section 15-16-20 of the Official Code of Georgia Annotated. The board of commissioners is authorized to supplement such compensation in such amount as shall be fixed by the board of commissioners. (2) The clerk of the state court shall be entitled to Clayton County retirement, insurance, annual leave, sick leave, and all other benefits afforded to Clayton County employees under the Clayton County Civil Service System Act, approved April 2, 1963 (Ga. L. 1963, p. 2747), as now or hereafter amended, except as to compensation, employment, and discharge.
SECTION 2. This Act shall become effective on July 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 46, nays 0, and the substitute was adopted.

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*SB 340:
The Senate State and Local Governmental Operations Committee offered the following substitute to SB 340:
A BILL TO BE ENTITLED AN ACT
To amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4335), so as to increase the salary of the clerk of the Superior Court of Clayton County; 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. An Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4335), is amended by striking in its entirety paragraph (1) of subsection (c) of Section 1 and inserting in lieu thereof the following:
(1) The clerk of the Superior Court of Clayton County shall receive a total annual salary of $87,966.00 including any supplements and additional compensation for services in other courts which are paid pursuant to state law or county ordinance, which are being received on March 15, 2005, and which are paid from the funds of Clayton County. This shall not prohibit the governing authority of Clayton County from increasing the amount of any supplement or compensation for additional duties which the governing authority may lawfully pay to the clerk on or after July 1, 2005.
SECTION 2. This Act shall become effective on July 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 46, nays 0, and the substitute was adopted.
*HB 754:
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 754:

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A BILL TO BE ENTITLED AN ACT
To create and establish the Gilmer County Building Authority, a body corporate and politic and an instrumentality of the State of Georgia; to authorize the authority to acquire, construct, equip, maintain, and operate certain projects, including buildings and facilities for use by Gilmer County for its governmental, proprietary, and administrative functions; to provide for members of the authority and their terms, organization, and reimbursement; to provide for vacancies; to define certain terms and words; to confer powers and impose duties on the authority; to grant limitations to the authority; to authorize the authority to enter into contracts and leases pertaining to uses of such facilities, which contracts and leases may obligate the lessees to make payment for the use of the facilities for the term thereof and to pledge for that purpose money derived from taxation; to provide that no debt of Gilmer County or the State of Georgia shall be incurred by the exercise of any of the powers granted; to authorize the issuance of revenue bonds of the authority payable from the revenues, rents, and earnings and other functions of the authority to pay the costs of such projects; to authorize the collecting and pledging of such revenues, rents, and earnings for the payment of such bonds; to authorize the adoption of resolutions and the execution of trust indentures to secure the payment of such bonds and to define the rights of the holders of such bonds; to provide for a sinking fund; to make the bonds of the authority exempt from taxation; to provide the right and power for the authority to condemn property of every kind and character; to authorize the issuance of refunding bonds; to provide for the validation of such bonds and to fix the venue for jurisdiction of actions relating to any provision of this Act; to exempt the property and income of the authority from taxation; to provide for immunity and exemption from liability for torts and negligence; to provide that the property of the authority shall not be subject to levy and sale; to provide that certain moneys are trust funds; to provide that this Act shall be liberally construed; to define the scope of the authoritys operation; to provide for disposition of property upon authority dissolution; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Gilmer County Building Authority created. There is created a public body corporate and politic to be known as the Gilmer County Building Authority, herein called "the authority," which shall be an instrumentality and a public corporation of the State of Georgia, the purpose of which shall be to acquire, construct, equip, maintain, and operate certain projects for use by Gilmer County for its governmental, proprietary, public, and administrative functions. The authority shall not be a state institution, nor a department or agency of the state, but shall be an

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instrumentality of the state, a mere creation of the state, being a distinct corporate entity and being exempt from the provisions of Article 2 of Chapter 17 of Title 50 of the O.C.G.A., the "Georgia State Financing and Investment Commission Act." The authority shall have its principal office in Gilmer County, and its legal situs or residence for the purposes of this chapter shall be Gilmer County.
SECTION 2. Membership. The authority shall consist of three members who shall be eligible to succeed themselves and who shall be elected by the Board of Commissioners of Gilmer County. No more than one member of the authority may be a member of said board of commissioners. Any member of the authority who is a member of said board of commissioners shall serve for a term of office concurrent with such persons term of office as a member of said board of commissioners. Each member of the authority who is not a member of said board of commissioners shall serve for a term of office of three years, except that the initial terms of office of those members first appointed to the authority shall be specified at the time of appointment to be one, two, and, if no such member is a member of the board of commissioners, three years. After such initial terms, those members who are not members of said board of commissioners shall serve for terms of office of three years each. Members of the authority shall serve for the terms of office so specified and until the appointment and qualification of their respective successors. Vacancies on the authority shall be filled by said board of commissioners for the remainder of the unexpired term and until the appointment and qualification of a successor. Immediately after their election, the members of the authority shall enter upon their duties. The authority shall elect one of its members as chairperson and one as vice chairperson. The secretary-treasurer of the authority shall be appointed by the authority and need not be a member of the authority. Two members of the authority shall constitute a quorum and no vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority and, in every instance, a majority vote of a quorum shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds. The members of the authority shall receive no compensation for their services but may be reimbursed by the authority for their actual expenses properly incurred in the performance of their duties. The authority shall make rules and regulations for its own government and shall have perpetual existence.
SECTION 3. Definitions. As used herein, the following words and terms shall have the following meanings unless a different meaning clearly appears from the context: (1) The word "authority" shall mean the Gilmer County Building Authority created by this Act. (2) The word "project" shall mean and include real and personal property acquired or held by the authority, including all land, buildings, structures, sanitary and surface

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water sewers, and other public property determined by the authority to be desirable for the efficient operation of any department, board, office, commission, or agency of Gilmer County, or of the State of Georgia, in the performance of its governmental, proprietary, and administrative functions. (3) The term "cost of project" shall include the cost of lands, buildings, improvements, machinery, equipment, property, easements, rights, franchises, material, labor, services acquired or contracted for, plans and specification, financing charges, construction costs, interest prior to and during construction; architectural, accounting, engineering, inspection, administrative, fiscal, and legal expenses; expenses incident to determining the feasibility or practicability of the project; and expenses incident to the acquiring, constructing, equipping, and operating of any project or any part thereof, and to the placing of the same in operation and to the condemnation of any property incident to such construction and operation. (4) The term "revenue bonds" shall mean revenue bonds issued under the provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, and under the provisions of this Act. The obligations authorized under this Act may be issued by the authority in the manner authorized under the Revenue Bond Law.
SECTION 4. Powers.
The authority shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act including, but without limiting the generality of the foregoing, the power:
(1) To sue and be sued; (2) To adopt and alter a corporate seal; (3) To make and execute with public and private persons and corporations contracts, trusts, leases, rental agreements, and other instruments relating to its projects and in furtherance of the purposes of the authority, including contracts for constructing, renting, and leasing of its projects for the use of any county or municipality in this state; (4) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws of the State of Georgia applicable to the condemnation of property for public use, including the power to proceed as a condemning body under the provisions of Article 2 of Chapter 2 of Title 22 of the O.C.G.A., relating to proceedings before a special master, or by gift, grant, lease, or otherwise, real property, or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or disposition of the same in any manner it deems to the best advantage of the authority. Title to any such property shall be held by the authority exclusively for the benefit of the public. The authority shall be under no obligation to accept and pay for any property condemned as provided herein except from the funds provided therefor

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and, in proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired as provided herein upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money shall be deposited in trust to pay and redeem the amount of such lien or encumbrance; (5) To improve, extend, add to, reconstruct, renovate, or remodel any project or part thereof already acquired; (6) To pledge or assign any revenues, income, rent, charges, and fees received by the authority; (7) To appoint and select agents, engineers, architects, attorneys, fiscal agents, accountants, and employees and to provide for their compensation and duties; (8) To construct, reconstruct, acquire, own, alter, repair, remodel, maintain, extend, improve, operate, manage, and equip projects located on land owned or leased by the authority; (9) To receive, accept, and use any contributions, loans, or grants by persons, firms, or corporations, including the State of Georgia and the United States of America, and any other contributions; (10) To pay all or part of the costs of any project from the proceeds of revenue bonds of the authority or from other lawful sources available to it; (11) To prescribe rules and regulations for the operation of and to exercise police powers over the projects managed or operated by the authority; (12) To accept, receive, and administer gifts, grants, loans and devises of money, material, and property of any kind, including loans and grants from the State of Georgia or the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the State of Georgia or the United States of America or such agency or instrumentality may impose; (13) To sell, lease, exchange, transfer, assign, pledge, mortgage, dispose of, grant in trust, or grant options for any real or personal property or interest therein in furtherance of the purposes of the authority; (14) As security for repayment of authority obligations, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property, real or personal, of such authority and to execute any trust agreement, indenture, or security agreement containing any provisions not in conflict with law, which trust agreement, indenture, or security agreement may provide for foreclosure or forced sale of any property of the authority upon default, on such obligations, either in payment of principal or interest or in the performance of any term or condition, as are contained in such agreement or indenture; (15) To borrow money for any of its corporate purposes, to issue revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (16) To exercise all powers usually possessed by private corporations performing similar functions which are not in conflict with the Constitution and laws of this state;

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and (17) Pursuant to proper resolution of the authority, to issue revenue bonds payable from the rents and revenues of the authority and its projects, which bonds may be issued in either fully negotiable coupon form, in which event they shall have all the qualities and incidents of negotiable instruments under the law of Georgia, or they may be issued in whole or in part in nonnegotiable fully registered form without coupons, payable to a designated payee or to the registered assigns of the payee with such conversion privileges as the authority may provide, for the purpose of paying all or any part of the cost associated with the projects authorized by the authority, including the cost of constructing, reconstructing, equipping, extending, adding to, or improving such projects, or for the purpose of refunding, as herein provided, any such bonds of the authority theretofore issued. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds were issued, the surplus shall be paid into the fund provided for the payment of principal and interest on such bonds. All such revenue bonds shall be issued and validated under and in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, and in accordance with all terms and provisions thereof not in conflict herewith and in accordance with Code Section 50-17-1 of the O.C.G.A., relating to use of facsimile signatures on public securities, and, as security for the payment of any revenue bonds so authorized, any rents and revenue of the authority may be pledged and assigned. Such bonds are declared to be issued for an essential public and governmental purpose, and such bonds and all income therefrom shall be exempt from all taxation within the State of Georgia. For the purpose of the exemption from taxation of such bonds and the income therefrom, the authority shall be deemed to be a political subdivision of the State of Georgia.
SECTION 5. Credit not pledged and debt not created by bonds. Revenue bonds issued under the provisions of this Act shall not constitute a debt or a pledge of the faith and credit of the State of Georgia or Gilmer County; but such bonds shall be payable from the rentals, revenue, earnings, and funds of the authority as provided in the resolution, trust agreement, or indenture authorizing the issuance and securing the payment of such bonds; and the issuance of such bonds shall not directly, indirectly, or contingently obligate the state or said county to levy or pledge any form of taxation whatever for the payment thereof. No holder of any bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the state or of said county, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such bonds shall contain on their face a recital setting forth substantially the foregoing provisions of this section.
SECTION 6. Trust agreement. In the discretion of the authority, any issue of revenue bonds may be secured by an

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agreement or indenture made by the authority with a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State of Georgia. Such trust agreement or indenture may pledge and assign rents, fees, charges, revenues, and earnings to be received by the authority. The resolution providing for the issuance of revenue bonds and such trust agreements or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver upon default of the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rents, fees, charges, or revenues for use of the project or projects necessary to pay all costs of operation and all reserves provided for, all principal and interest on all bonds of 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. Such resolution and such trust agreement or indenture may include covenants setting forth the duties of the authority in relation to the acquisition of property for and construction of the project and to the custody, safeguarding, and application of all funds and covenants providing for the operation, maintenance, repair, and insurance of the project or projects and may contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. Such trust agreement or indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in securing bonds and debentures of corporations and may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such trust.
SECTION 7. Refunding bonds. The authority is authorized to provide by resolution for the issuance of revenue bonds of the authority for the purpose of calling, refunding, or refinancing any revenue bonds issued under the provisions hereof and then outstanding and to include in the amount of such refunding bonds all interest and any call premiums that may be required for the redemption and refunding of such outstanding bonds.
SECTION 8. Venue of actions, jurisdiction. Any action to protect or enforce any rights under the provisions hereof or any action against the authority brought in the courts of the State of Georgia shall be brought in the Superior Court of Gilmer County, Georgia; and any action pertaining to validation of any bonds issued under the provisions hereof shall be brought in said court, which shall have exclusive, original jurisdiction of such actions.
SECTION 9. Revenue bond validation.

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The petition for validation of all revenue bonds of the authority shall be brought against the authority, and any contracting party whose obligation is pledged as security for the payment of the bonds sought to be validated, as defendants, and the defendants shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof shall not be adjudicated to be in all respects valid and binding upon such contracting parties. It shall be incumbent upon such defendants to defend against adjudication of the validity and binding effect of such contract or contracts or be forever bound thereby. Notice of such proceedings shall be included in the notice of the validation hearing required to be issued and published by the clerk of the Superior Court of Gilmer County in which court such validation proceedings shall be initiated.
SECTION 10. Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished, impaired, or affected in any manner that will affect adversely the interest and rights of the holders of such bonds. The provisions hereof shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
SECTION 11. Revenues, earnings, rents, and charges; use. (a) For the purpose of earning sufficient revenue to make possible the financing of the construction of the project or projects of the authority with revenue bonds, the authority is authorized and empowered to fix, revise, and collect rents, fees, and charges on each project which it shall cause to be acquired or constructed. Such rents, fees, or charges to be paid for the use of such project or projects shall be so fixed and adjusted as to provide a fund sufficient with other revenue, if any, of such project or projects or of the authority: (1) To pay the cost of operating, maintaining, and repairing the project or projects, including reserves for insurance and extraordinary repairs and other reserves required by the resolution or trust agreement or indenture pertaining to such bonds and the issuance thereof, unless such cost shall be otherwise provided for; (2) To pay the principal of and interest on such revenue bonds as the same shall become due, including call premium, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects; (3) To comply with any sinking fund requirements contained in the resolution or trust agreement or indenture pertaining to the issuance of and security for such bonds; (4) To perform fully all provisions of such resolution and trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rent is pledged; (5) To accumulate any excess income which may be required by the purchasers of such bonds or may be dictated by the requirements of such resolution, trust agreement, or indenture, or of achieving ready marketability of and low interest rates

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on such bonds; and (6) To pay any expenses in connection with such bond issue or of such project or projects, including but not limited to trustees, attorneys, and fiscal agents fees. (b) Such rent shall be payable at such intervals as may be agreed upon and set forth in the rental contract or lease providing therefor, and any such contract or lease may provide for the commencement of rent payments to the authority prior to the completion of the undertaking by the authority of any such project and may provide for the payment of rent during such times as such project or projects may be partially or wholly untenantable. (c) Such rental contract or lease may obligate the tenants or lessees to operate, maintain, and keep in good repair, including complete reconstruction, if necessary, the rented or leased premises and projects, regardless of the cause of the necessity of such maintenance, repair, or reconstruction. (d) Such rental contract or lease may obligate the tenants or lessees to indemnify and save harmless the authority from any and all damage to persons and property occurring on or by reason of the leased property or improvements thereon and to undertake, at the expense of the tenants or lessees, the defense of any action brought against the authority by reason of injury or damages to persons or property occurring on or by reason of the leased premises. (e) In the event of any failure or refusal on the part of the tenants or lessees to perform punctually any covenant or obligation contained in any such rental contract or lease, the authority may enforce performance by any legal or equitable process against the tenants or lessees. (f) The authority shall be permitted to assign any rent payable to it, pursuant to such rental contract or lease, to a trustee or paying agent as may be required by the terms of the resolution or trust agreement or indenture relating to the issuance of and security for such bonds. (g) The use and disposition of the authoritys revenue shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement or indenture, if any, securing the same.
SECTION 12. Sinking fund. The revenue, rents, and earnings derived from any particular project or projects and any and all revenue, rents, and earnings received by the authority, regardless of whether such revenue, rents, and earnings were produced by a particular project for which bonds have been issued, unless otherwise pledged, may be pledged by the authority to payment of the principal of and interest on revenue bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust instrument and which may be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds

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as the same shall mature, (3) the necessary charges of any trustee or paying agent for paying such principal and interest, and (4) any premium upon bonds retired by call or purchase; and the use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolution authorizing the issuance of the bonds or in the trust instrument securing the payment of the same.
SECTION 13. Exemption from taxation. The exercise of the powers conferred upon the authority hereunder shall constitute an essential governmental function for a public purpose, and the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and maintenance of property acquired by it or of buildings erected or acquired by it or any fees, rents, or other charges for the use of such property or buildings or other income received by the authority. The tax exemption herein provided shall not include an exemption from sales and use tax on property purchased by or for the use of the authority.
SECTION 14. Immunity from tort actions. The authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia; and the officers, agents, and employees of the authority, when in performance of work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of the State of Georgia. The authority may be sued the same as private corporations on any contractual obligation of the authority.
SECTION 15. Property not subject to levy and sale. The property of the authority shall not be subject to levy and sale under legal process.
SECTION 16. Trust funds.
All funds received pursuant to authority of Section 11 hereof, whether as proceeds from the sale of revenue bonds or as revenue, rents, fees, charges, or other earnings or as grants, gifts, or other contributions, shall be deemed to be trust funds to be held and applied by the authority, solely as provided herein; and the bondholders entitled to receive the benefits of such funds shall have a lien on all such funds until the same are applied as provided for in any such resolution or trust instrument of the authority.
SECTION 17. Construction. This Act and any other law enacted with reference to the authority shall be liberally

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construed for the accomplishment of its purposes.
SECTION 18. Scope of operations. The projects of the authoritys operation shall be located in the territory embraced within the jurisdictional limits of Gilmer County as the same now or may hereafter exist.
SECTION 19. Conveyance of property upon dissolution. Should the authority for any reason be dissolved after full payment of all bonded indebtedness incurred hereunder, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the authority at the time of such dissolution shall be conveyed to Gilmer County; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance.
SECTION 20. Effect of partial invalidity of Act. Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect; and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof.
SECTION 21. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 22. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.
On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

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Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance E Chapman
Douglas Y Fort Y Goggans
Golden Y Grant
Hamrick Y Harbison Y Harp Y Heath Y Henson

Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson
Jones Y Kemp
Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Starr
Y Staton Y Stephens
Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the local bills, the yeas were 46, nays 0.

The bills on the Local Consent Calendar, except SB 233, SB 339, SB 340 and HB 754 having received the requisite constitutional majority, were passed.

SB 233, SB 339, SB 340 and HB 754 having received the requisite constitutional majority, were passed by substitute.

Senator Thompson of the 5th asked unanimous consent that all Senate bills on the Local Consent Calendar be immediately transmitted to the House.

The consent was granted and all Senate bills on the Local Consent Calendar were immediately transmitted.

Senator Powell of the 23rd asked unanimous consent that Senator Jones of the 10th be excused. The consent was granted, and Senator Jones was excused.

SENATE RULES CALENDAR MONDAY, MARCH 21, 2005 THIRTY-FIFTH LEGISLATIVE DAY

HB 428

Property insurance; warranty service agreements; amend provisions (I&L-47th) Keen-179th

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HB 570

Interlocal Cooperation Act; enact (SLGO(G)-53rd) Scott-2nd

HR 427

"Extension Living Well Week" in Georgia; designate second week of March (RULES-9th) McCall-30th

HB 273

FlexAuto lanes; authorize Department of Transportation to implement (TRANS-31st) Lunsford-110th

HB 263

Income tax; deduction; cost of certain classroom supplies and materials by educators (FIN-49th) Roberts-154th

HB 203

Ad valorem tax; exempt farm equipment under lease purchase agreement (FIN-49th) Royal-171st

HB 282

Income tax; deductions; purchases treated as expenses under federal law (FIN-49th) Roberts-154th

HB 22

Sales and use tax; certain motor vehicle transactions; change tax situs (FIN-49th) Hill-21st

HB 384

Motor fuel tax; additional exemption; limited time period; provisions (FIN-49th) O`Neal-146th

HB 279

Highways; vehicles hauling certain products; weight limitation variance (Amendment)(TRANS-19th) Floyd-147th

HB 499

Congressional districts; composition and election provisions (Substitute) (R&R-21st) Franklin-43rd

HB 36

Municipal corporations; creation; revise provisions (Substitute) (SLGO(G)-56th) Willard-49th

Respectfully submitted,

/s/ Balfour of the 9th, Chairman Senate Rules Committee

Senator Staton of the 18th asked unanimous consent that Senator Douglas of the 17th be excused. The consent was granted, and Senator Douglas was excused.

The following legislation was read the third time and put upon its passage:

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HB 428. By Representatives Keen of the 179th, Ralston of the 7th and Rogers of the 26th:

A BILL to be entitled an Act to amend Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, limits of risks, and reinsurance, so as to provide an exception to the category of property insurance for warranty service agreements for major appliances, utility systems, and roofing; to provide for surety bonds; to provide for identification of an insurer or surety insurer; to provide for cancellation; to require warranty agreements that are not insurance to so state; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Hudgens of the 47th.

Senator Hudgens of the 47th offered the following amendment:

Amend HB 428 by striking on lines 14 and 15 on page 4 the following words: on the cover page or signature page .

On the adoption of the amendment, the yeas were 31, 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:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman E Douglas Y Fort Y Goggans
Golden Y Grant
Hamrick Y Harbison

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson E Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer

Y Smith Y Starr Y Staton Y Stephens
Stoner Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles

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Y Harp Y Heath Y Henson

Y Seabaugh Y Seay Y Shafer,D

Y Williams Y Zamarripa

On the passage of the bill, the yeas were 47, nays 1.

HB 428, having received the requisite constitutional majority, was passed as amended.

HB 570. By Representatives Scott of the 2nd, Fleming of the 117th, Murphy of the 120th, Day of the 163rd, Smyre of the 132nd and others:

A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the comprehensive regulation of interlocal agreements; to provide for a short title; to provide for legislative purposes; to provide for definitions; to provide for procedures, conditions, and limitations with respect to such agreements; to provide for the status of such agreements; to provide for approval or disapproval of such agreements; to provide for funding, property, personnel, and services; to provide for the cumulative nature of such agreements; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Mullis of the 53rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch
Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson E Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed

Y Smith Y Starr Y Staton Y Stephens
Stoner Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman
Walker Y Weber

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Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 1.

HB 570, having received the requisite constitutional majority, was passed.

HR 427. By Representative McCall of the 30th:

A RESOLUTION designating the second week of March 2005 as "Extension Living Well Week" in Georgia; 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:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans
Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson E Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens
Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S E Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the adoption of the resolution, the yeas were 51, nays 0.

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HR 427, having received the requisite constitutional majority, was adopted.

Senator Thomas of the 2nd asked unanimous consent that Senator Chapman of the 3rd be excused. The consent was granted, and Senator Chapman was excused.

HB 273. By Representatives Lunsford of the 110th, Richardson of the 19th, Smith of the 129th, Ehrhart of the 36th, Harbin of the 118th and others:

A BILL to be entitled an Act to amend Titles 32 and 40 of the O.C.G.A., relating to highways, bridges, and ferries and motor vehicles and traffic, respectively, so as to authorize the Department of Transportation to implement FlexAuto lanes; to provide that a FlexAuto lane shall be an area designated as a special lane of travel created by converting emergency lane and hard shoulder areas on the left or right side of an interstate highway or other road into a rush hour traffic lane for use by automobiles only during certain hours; to state legislative findings, determinations, and recommendations; to provide for striping, marking, and signage of FlexAuto lanes; to regulate the use of such lanes and provide for criminal punishment of violations; to provide for conditions and limitations; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Heath of the 31st.

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 Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance E Chapman Y Douglas N Fort Y Goggans N Golden Y Grant
Hamrick

Hill,Jack Y Hill,Judson N Hooks
Hudgens Y Johnson Y Jones Y Kemp N Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers

Y Smith Starr
Y Staton Stephens
N Stoner N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S E Tolleson Y Unterman Y Walker Y Weber Y Whitehead

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Y Harbison Y Harp Y Heath Y Henson

N Schaefer Y Seabaugh N Seay Y Shafer,D

Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 34, nays 15.

HB 273, having received the requisite constitutional majority, was passed.

Senator Rogers of the 21st asked unanimous consent that Senator Stephens of the 27th be excused. The consent was granted, and Senator Stephens was excused.

Senator Thompson of the 5th asked unanimous consent that Senator Adelman of the 42nd be excused. The consent was granted, and Senator Adelman was excused.

Senator Thomas of the 54th asked unanimous consent that Senator Starr of the 44th be excused. The consent was granted, and Senator Starr was excused.

HB 263. By Representatives Roberts of the 154th, Golick of the 34th, Smith of the 129th, Freeman of the 140th, Dollar of the 45th and others:

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, computation, and exemptions regarding income taxes, so as to provide a deduction for the cost of certain classroom supplies, equipment, and materials paid by certain educators; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Cagle of the 49th.

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 3, 2005 Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334

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SUBJECT: Fiscal Note House Bill 263 (LC 14 9029EC)

Dear Chairman O'Neal:

This bill would allow an exemption of up to $250 from taxable income for certain qualified school expenditures made by eligible educators. This exemption is not part of itemized deductions, but rather an exemption from taxable income. The provision would apply to tax years beginning January 1, 2004.

The Georgia State University Fiscal Research Center estimates the revenue cost for tax year 2004 to be $1.86 million. For tax year 2005, the revenue cost of this bill is $1.89 million.

Each eligible educator is assumed to take advantage of the $250 exemption. It is also assumed that each educator is in the 6 percent marginal tax bracket. Thus, the tax reduction per eligible educator is $15 each year.

The number of eligible educators in private schools was estimated using data from the National Center for Education Statistics (NCES). The NCES data were for school year 2001-02. This number was increased 2 percent per year. The estimated number of eligible educators in public schools for school year 2005-06 was obtained and this number was deflated by 2 percent a year. The resulting number corresponded closely to an estimate of the number of eligible educators developed using NCES data.

Sincerely,

/s/ Russell W. Hinton State Auditor

/s/ Timothy A. Connell, Director Office of Planning and Budget

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

E Adelman Y Balfour Y Brown Y Bulloch Y Butler

Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson

Y Smith E Starr Y Staton Y Stephens Y Stoner

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Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant
Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

N Tate Y Thomas,D N Thomas,R Y Thompson,C
Thompson,S E Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 47, nays 2.

HB 263, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

Senator Bill Hamrick District 30 121-H State Capitol Atlanta, GA 30334

Committees: Banking and Financial Institutions Rules Appropriations Judiciary

The State Senate Atlanta, Georgia 30334
March 21, 2005

I vote Yes on HB 263.

/s/ Bill Hamrick

The Calendar was resumed.

HB 203. By Representatives Royal of the 171st, Williams of the 4th, McCall of the 30th, Hanner of the 148th, Roberts of the 154th and others:

A BILL to be entitled an Act to amend Code Section 48-5-41.1 of the Official Code of Georgia Annotated, relating to agricultural products and equipment exempt from ad valorem tax, so as to expand the ad valorem exemption for farm equipment to include certain equipment held under a lease purchase

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agreement; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Cagle of the 49th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 4.

HB 203, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

Senator Bill Hamrick District 30 121-H State Capitol Atlanta, GA 30334

Committees: Banking and Financial Institutions Rules Appropriations Judiciary
The State Senate Atlanta, Georgia 30334

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March 21, 2005
I vote Yes on HB 203.
/s/ Bill Hamrick
The following bill was taken up to consider House action thereto:
SB 53. By Senators Smith of the 52nd, Harp of the 29th, Hill of the 32nd, Wiles of the 37th and Weber of the 40th:
A BILL to be entitled an Act to amend Code Section 19-7-22 of the Official Code of Georgia Annotated, relating to petition for legitimation of a child, notice to mother, court order, effect, and intervention by father, so as to provide that legitimation of a child may take place contemporaneously with the establishment of paternity with the consent of the mother and the father; 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 19 of the Official Code of Georgia Annotated, relating to legitimacy, so as to provide for a father to legitimate his child by establishing paternity; to provide where petitions of legitimation shall be filed and served; to address the issues of custody and visitation in certain legitimation actions; to provide for legitimation by a voluntary acknowledgment of paternity in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy, is amended by striking Code Section 19-7-22, relating to petition for legitimation of child, notice to mother, court order, effect, and intervention by father, and inserting in lieu thereof the following:
19-7-22. (a) A father of a child born out of wedlock may render the same his relationship with the child legitimate by petitioning the superior court of the county of his residence, the county of residence of the child, or, if a petition for the adoption of the child is pending, the county in which the adoption petition is filed for legitimation of the child. the residence of the childs mother or other party having legal custody or guardianship of

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the child; provided, however, that if the mother or other party having legal custody or guardianship of the child resides outside the state or cannot, after due diligence, be found within the state, the petition may be filed in the county of the fathers residence or the county of the childs residence. If a petition for the adoption of the child is pending, the father shall file the petition for legitimation in the county in which the adoption petition is filed. (b) The petition shall set forth the name, age, and sex of the child, the name of the mother, and, if the father desires the name of the child to be changed, the new name. If the mother is alive, she shall have notice of the petition for legitimation. be named as a party and shall be served and provided an opportunity to be heard as in other civil actions under Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' (c) Upon the presentation and filing of the petition, the court may pass an order declaring the fathers relationship with the child to be legitimate, and to be capable of inheriting from the father that the father and child shall be capable of inheriting from each other in the same manner as if born in lawful wedlock and specifying the name by which the child shall be known. (d) A legitimation petition may be filed, pursuant to paragraph (2) of subsection (e) of Code Section 15-11-28, in the juvenile court of the county in which a deprivation proceeding regarding the child is pending. (e) Except as provided by subsection (f) of this Code section, the court shall upon notice to the mother further establish such duty as the father may have to support the child, considering the facts and circumstances of the mothers obligation of support and the needs of the child as provided under Code Section 19-6-15. (f) After a petition for legitimation is granted, if a demand for a jury trial as to support has been properly filed by either parent, then the case shall be transferred from juvenile court to superior court for such jury trial. (f.1) The petition for legitimation may also include claims for visitation or custody. If such claims are raised in the legitimation action, the court may order, in addition to legitimation, visitation or custody based on the best interests of the child standard. In a case involving allegations of family violence, the provisions of paragraph (2) of subsection (a) of Code Section 19-9-1 shall also apply.
(g)(1) Consistent with the purpose of subsection (a) of this Code section, whenever the Department of Human Resources petitions the superior court or other authorized trier of fact to establish paternity, the father may intervene to petition In any petition to establish paternity pursuant to paragraph (4) of subsection (a) of Code Section 197-43, the alleged fathers response may assert a third-party action for the legitimation of the child born out of wedlock if the mother of the child consents to the filing of such legitimation petition. Upon the determination of paternity or if a voluntary acknowledgment of paternity has been made and has not been rescinded pursuant to Code Section 19-7-46.1, the court or trier of fact as a matter of law and pursuant to the provisions of Code Section 19-7-51 may enter an order or decree legitimating a child born out of wedlock, provided that such is in the best interest of the child. Issues Whenever a petition to establish the paternity of a child is brought by the Department

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of Human Resources, issues of name change, visitation, and custody shall not be determined by the court until such time as a separate petition is filed by one of the parents or by the legal guardian of the child, in accordance with Code Section 19-118; if the petition is brought by a party other than the Department of Human Resources or if the alleged father seeks legitimation, the court may determine issues of name change, visitation, and custody in accordance with subsections (b) and (f.1) of this Code section. Custody of the child shall remain in the mother unless or until a court order is entered addressing the issue of custody. (2) In any voluntary acknowledgment of paternity which has been made and has not been rescinded pursuant to Code Section 19-7-46.1, when both the mother and father freely agree and consent, the child may be legitimated by the inclusion of a statement indicating a voluntary acknowledgment of legitimation.

SECTION 2. 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 53.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 53.

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The following bill was taken up to consider House action thereto:
HB 188. By Representatives Burmeister of the 119th and Rynders of the 152nd:
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 require that the photograph of a person who is convicted of certain crimes for which such person is required to register as a sexual offender shall be published in the legal organ of the county in which such person was convicted; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senator Rogers of the 21st moved that the Senate recede from its amendment to HB 188.
Senator Thompson of the 33rd moved that the Senate insist on its amendment to HB 188.
Senator Rogers of the 21st withdrew his motion to recede from the Senate amendment to HB 188 and moved that the Senate insist on its amendment to HB 188.
On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 188.
The Calendar was resumed.
HB 282. By Representatives Roberts of the 154th, Golick of the 34th, Smith of the 129th, Maddox of the 172nd, Davis of the 109th and others:
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, computation, and exemptions regarding income taxes, so as to provide deductions in determining individual and corporate taxable net income for certain purchases which may be treated as expenses under federal law; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Cagle of the 49th.
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

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Russell W. Hinton State Auditor (404) 656-2174

February 7, 2005

Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334

Dear Chairman O'Neal:

SUBJECT: Fiscal Note House Bill 282 (LC 149030-EC)

This bill would provide deductions in determining individual and corporate state taxable net income for purchases that may be treated as expenses under Section 179 of the Internal Revenue Code.

The Georgia State University Fiscal Research Center estimates the cost to the state from the adoption of this provision to be a cumulative loss of between $42.0 million and $61.0 million over the 2006-2009 period. The Center provided the following information regarding this estimate:

This legislation would amend the Georgia state corporate income tax code to include the federal provision which was passed by Congress and signed into law in the fall of 2004. On a federal level this provision extends the current law expensing provision allowed under I.R.S. section 179 until December 31, 2007. Under Georgia current law this provision is set to expire on December 31, 2005. This provision applies to depreciable tangible personal property (and certain computer software) that is purchased for use in the active conduct of a trade or business. This property can be expensed up to certain limits. The expensing deduction cannot exceed $100,000 of the cost of the qualifying property. The $100,000 amount is reduced by the amount by which the cost of the qualifying property placed in service during a taxable year exceeds $400,000. Georgia current law provides that the $100,000 and $400,000 amounts are indexed for inflation. The provision applies to Georgia corporations filing the Georgia Form 600 and to those corporations filing as sole proprietorships under the Georgia Form 500.

The estimate is developed by taking the estimate developed by the Joint Tax Committee of the revenue effect at the federal level and allocating a percentage of that to Georgia. The value of the estimate depends on the factor used to allocate the federal level estimate to represent the effect on Georgia revenues. A mid-level

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factor based on the percent of the value of Georgia's depreciable business property construction to the national value is shown below.

Fiscal Years/Millions of Dollars

2005

2006

---

-16.0

2007 -32.0

2008 -13.0

2009 4.0

Total 05-09 -56.0

The provision has no revenue effect in fiscal year 2005 as current law allows for this same tax treatment through December 31, 2005. The provision initially loses revenue because it allows more generous depreciation than current law. In the later years, the provision represents a gain in revenue as the state experiences lower depreciation deductions than expected under current law. In the transition year of 2008, the state continues to experience a lower revenue loss as firms use up their carryforwards from this provision and because the state fiscal year of 2008 captures some portion of calendar year 2007 during which the provision is still in effect.

Sincerely,

/s/ Russell W. Hinton State Auditor

/s/ Timothy A. Connell, Director Office of Planning and Budget

Senators Johnson of the 1st and Tate of the 38th offered the following amendment #1:

Amend HB 282 by adding after the semicolon on line 4 of page 1 the following: to provide for exempt status of certain compensation payments from the State of Georgia; to provide for related matters; .

By renumbering Sections 2 through 4 as Sections 3 through 5, respectively, and inserting a new Section 2 to read as follows:

SECTION 2. Said article is further amended by adding after Code Section 48-7-26 a new Code Section 48-7-26.1 to read as follows:
'48-7-26.1. Any income received by a person from the State of Georgia resulting from the General Assemblys enactment of a compensation resolution compensating such person for damages incurred because of his or her wrongful conviction of a crime shall be exempt

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from income taxation by this state.'

On the adoption of the amendment, the yeas were 42, nays 0, and the Johnson, Tate amendment #1 was adopted.

Senators Golden of the 8th, Johnson of the 1st, Adelman of the 42nd, Stoner of the 6th, Balfour of the 9th and others offered the following amendment #2:

Amend HB 282 by adding after the semicolon on line 4 of page 1 the following: to amend Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax returns and information, so as to authorize taxpayers to make certain contributions through the income tax payment and refund process; .

By renumbering Sections 3 and 4 as Sections 4 and 5 and inserting a new Section 3 to read as follows:
SECTION 3. Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax returns and information, is amended by adding at its end a new Code Section 48-7-62 to read as follows:
'48-7-62. (a) Each Georgia income tax return form for taxable years beginning on or after January 1, 2005, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Georgia National Guard Foundation by either donating all or any part of any tax refund due, by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayers payment. The instructions accompanying the income tax return form shall contain a description of the purposes for which this fund was established and the intended use of moneys received from the contributions. Each taxpayer required to file a state income tax return who desires to contribute to the foundation may designate such contribution as provided in this Code section on the appropriate income tax return form. (b) The Department of Revenue shall determine annually the total amount so contributed and shall transmit such amount to the Georgia National Guard Foundation. The Georgia National Guard Foundation is the nonprofit 501(c)(3) corporation whose purpose is to provide support to members of the Georgia Department of Defense.'

On the adoption of the amendment, Senator Johnson of the 1st called for the yeas and nays; the call was sustained, and the vote was as follows:

Y Adelman Y Balfour Y Brown

Y Hill,Jack Y Hill,Judson Y Hooks

Y Smith E Starr Y Staton

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Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant
Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 52, nays 0, and the Golden et al. amendment #2 was adopted.

Senator Stephens of the 27th asked unanimous consent to suspend Senate Rule 7-1.6(b) in order to allow final passage on HB 282 today.

The consent was granted and Senate Rule 7-1.6(b) was suspended.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell

Y Smith E Starr Y Staton
Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Walker

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Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 52, nays 0.

HB 282, having received the requisite constitutional majority, was passed as amended.

Senator Stephens of the 27th asked unanimous consent that HB 282 be immediately transmitted to the House.

The consent was granted and HB 282 was immediately transmitted.

Senator Stoner of the 6th asked unanimous consent that Senator Adelman of the 42nd be excused. The consent was granted, and Senator Adelman was excused.

HB 22. By Representatives Hill of the 21st, Scheid of the 22nd and Byrd of the 20th:

A BILL to be entitled an Act to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding sales and use taxation, so as to change the tax situs of certain motor vehicle transactions; to repeal conflicting laws; 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:

E Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp
Me V Bremen N Miles Y Moody

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S

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Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath
Henson

Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Tolleson N Unterman Y Walker Y Weber Y Whitehead Y Wiles N Williams Y Zamarripa

On the passage of the bill, the yeas were 49, nays 3.

HB 22, having received the requisite constitutional majority, was passed.

Senator Staton of the 18th asked unanimous consent that Senator Douglas of the 17th be excused. The consent was granted, and Senator Douglas was excused.

HB 384. By Representative O`Neal of the 146th:

A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to provide for an additional exemption from the motor fuel tax and the second motor fuel tax for a limited period of time; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Cagle of the 49th.

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 10, 2005

Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334

SUBJECT: Fiscal Note House Bill 384 (LC 18 4122)

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Dear Chairman O'Neal:
This bill would add an additional exemption from the state motor fuel excise tax and the 3 percent prepaid state tax (second motor fuel tax). The exemption would apply to sales of motor fuels used in public mass transit buses for which passenger fares are routinely charged. These buses must be used exclusively for revenue generating purposes. This would not apply to fuel purchased and used in vehicles owned by public mass transit systems for other purposes, such as maintenance vehicles. The exemption would be effective on July 1, 2005, and end on June 30, 2008.
The Georgia State University Fiscal Research Center estimates that the revenue reduction from exempting public mass transit fuel purchases from the state fuel excise tax and the 3 percent prepaid state tax is $2.0 million to $2.12 million for fiscal year 2006 and the same amount for fiscal year 2007. The following narrative was provided by the Center regarding this estimate:
The data used to produce the revenue estimate are obtained from the National Transportation Database (NTD) and the Georgia Department of Revenue. These data sources are supplemented with information from the Metropolitan Atlanta Rapid Transit Authority (MARTA) Annual Report and a 2004 survey conducted by the Georgia Transit Association (GTA).
Currently, Georgia collects 7.5 cents per gallon from all distributors who sell or use motor fuel within the state. In addition to the state excise tax, sales tax is collected from fuel distributors in the amount of $.051 per gallon for gasoline, $0.057 per gallon for Diesel fuel, $.037 per gallon for L.P.G., and $.046 per gallon for C.N.G. and other special fuels.
Total fuel consumption for Georgia public transit systems by fuel type is provided by the NTD for publicly owned and operated transit systems. NTD reported that fuel consumption by public transit systems in Georgia totaled 13.4 million gallons in 2002. Cobb County Transit (CCT) and Gwinnett and several smaller Georgia transit systems are not included in the data obtained from NTD. A survey of Georgia public transit systems by GTA provided 2003-2004 fuel tax expenditures by transit system; however, CCT is not included in this analysis either; it is assumed that CCT's fuel usage is at least equal to twice that of Gwinnett County's transit system. Although it is not as large, the Gwinnett system is chosen to estimate CCT fuel tax expenditures because of similarities in commuting patterns and proximity to Atlanta. Information from both NTD and the GTA survey are combined to estimate the final revenue loss.
NTD DATA Fuel consumption for each reporting transit system is used to estimate the 7.5

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cents per gallon excise tax by multiplying the total gallons of all fuels consumed by public transit by 0.075. To obtain the prepaid tax loss, total gallons by type of fuel is multiplied by each fuel's respective per gallon prepaid tax (provided by the Georgia Department of Revenue) and then by 0.75 to obtain the exemption for 3 percent of the 4 percent sales tax.

GTA SURVEY For Georgia transit systems not included in the NTD data, total tax expenditures from the GTA survey for these transit systems are added to the total.

FINAL CONSIDERATIONS AND ESTIMATES OF REVENUE LOSS Future fuel consumption is dependent on future ridership. According to MARTA's 2004 Annual Report, ridership since 2002 has remained almost unchanged. Furthermore, fuel prices determine the amount paid to the State of Georgia in prepaid sales tax; however, no substantial changes in fuel prices are expected. Assuming that the trend in MARTA ridership is reflective of ridership in other transit systems within Georgia and that fuel prices remain stable for the upcoming fiscal years, it is estimated that exempting public mass transit fuel purchases from the state fuel excise tax would reduce state revenue by $2.0 million to $2.12 million for FY06 and an equal amount for each future fiscal year that the exemption remains in effect.

Sincerely,

/s/ Russell W. Hinton State Auditor

/s/ Timothy A. Connell, Director Office of Planning and Budget

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

E Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D N Thomas,R

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Y Chapman E Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 52, nays 1.

HB 384, having received the requisite constitutional majority, was passed.

Senator Moody of the 56th asked unanimous consent that Senator Butler of the 55th be excused. The consent was granted, and Senator Butler was excused.

HB 279. By Representatives Floyd of the 147th, Roberts of the 154th, Royal of the 171st, Crawford of the 127th, James of the 135th and others:

A BILL to be entitled an Act to amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to weight of vehicle and load, so as to change certain provisions relating to weight limitations for certain types of vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Williams of the 19th.

The Senate Transportation Committee offered the following amendment:

Amend HB 279 by adding "To amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, so as to increase the permissible length for semitrailers; to" and deleting "To" on line 1 on page 1.

By renumbering Sections 1 and 2 as Sections 2 and 3, respectively.

By adding the following between lines 5 and 6 on page 1:

SECTION 1. Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, is amended by deleting "and" at the end of subparagraph (b)(1)(D)

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and inserting a new subparagraph (b)(1)(F) to read as follows: '(F) Semitrailer length requirements in this paragraph shall not apply to truck tractorsemitrailer combinations operating on interstate highways, STAA system routes, or other roads within a corridor extending 15 miles on either side of such interstate highways or STAA routes unless signs that indicate semitrailer length restrictions are posted; provided, however, such truck tractor-semitrailer combinations do not have semitrailers exceeding 57 feet in length and the maximum total gross weight of the vehicle and load does not exceed 50,000 pounds; and' .
Senator Cagle of the 49th offered the following amendment:
Amend the Senate Transportation Committee amendment to HB 279 (AM 34 0039) by striking all matter from line 1 through line 17 on page 1.
On the adoption of the amendment, the yeas were 42, nays 0, and the Cagle amendment was adopted.
On the adoption of the amendment, the yeas were 39, nays 0, and the committee amendment was adopted as amended.
Senator Williams of the 19th offered the following amendment #1 to HB 279:
Amend HB 279 by renumbering Sections 3 as Sections 4, respectively.
By adding the following between lines 15 and 16 on page 2
"SECTION 3.
Code Section 32-6-27 of the Official Code of Georgia Annotated, relating to imposition of fines related to violations of the load limitations, is amended by striking subsection (a) of said Code Section and inserting in its place the following:
"(a) Any person who violates the load limitation provisions of Code Section 32-626 shall be conclusively presumed to have damaged the public roads, including bridges, of this state by reason of such overloading and shall recompense the state for such damage in accordance with the following schedule: (1) For the first 1,000 pounds of excess weight, 0.8 per pound; plus 1.5 per pound for the next 2,000 pounds of excess weight; plus 3 per pound for the next 2,000 pounds of excess weight; plus 4 per pound for the next 3,000 pounds of excess weight; plus 5 per pound for all excess weight over 8,000 pounds 5 per pound for all excess weight over the allowed weight limitations;
Senator Williams of the 19th asked unanimous consent that his amendment #1 be

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withdrawn. The consent was granted, and the amendment was withdrawn.
Senators Adelman of the 42nd, Zamarripa of the 36th, Reed of the 35th and Weber of the 40th offered the following amendment #2:
Amend HB 279 by inserting after "vehicles;" on line 3 on page 1 the following: to amend Code Section 40-6-181 of the Official Code of Georgia Annotated, relating to maximum speed limits, so as to provide a short title; to provide for a maximum speed limit for certain vehicles on certain highways in this state;
By renumbering Section 2 as Section 3.
By inserting the following between lines 15 and 16 on page 2:
SECTION 2. Code Section 40-6-181 of the Official Code of Georgia Annotated, relating to maximum speed limits, is amended by adding a new subsection (d) to read as follows:
'(d) This subsection shall be known and may be cited as "Cullums Law." Notwithstanding any provision of this chapter to the contrary, no person shall drive a vehicle having ten or more wheels or an empty weight in excess of 8,000 pounds in excess of 55 miles per hour:
(1) On a highway on the federal interstate system or on physically divided highways with full control of access which are outside of an urbanized area of 50,000 population or more that have a posted or designated maximum speed limit of 70 miles per hour; (2) On a highway on the federal interstate system or on physically divided highways with full control of access which are outside of an urbanized area of 50,000 population or more that have a posted or designated maximum speed limit of 65 miles per hour; or (3) On those sections of physically divided highways without full access control on the state highway system that have a posted or designated maximum speed limit of 65 miles per hour. Such maximum speed limit for vehicles having ten or more wheels or an empty weight in excess of 8,000 pounds shall be appropriately posted or designated on such highways along with the maximum speed limit for other vehicles.'
Senator Seabaugh of the 28th requested a ruling of the Chair as to the germaneness of the Adelman et al. amendment #2.
The President ruled the amendment not germane.

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Senator Williams of the 19th offered the following amendment #3:

Amend HB 279 by renumbering Section 2 as Section 3 and by inserting a new Section 2 by adding the following between lines 15 and 16 on page 2:

Code Section 32-6-27 of the Official Code of Georgia Annotated, relating to imposition of fines related to violations of the load limitations, is amended by striking subsection (a) of said Code Section and inserting in its place the following:

"(a) Any person who violates the load limitation provisions of Code Section 32-626 shall be conclusively presumed to have damaged the public roads, including bridges, of this state by reason of such overloading and shall recompense the state for such damage in accordance with the following schedule: (1) For the first 1,000 pounds of excess weight, 0.8 per pound; plus 1.5 per pound for the next 2,000 pounds of excess weight; plus 3 per pound for the next 2,000 pounds of excess weight; plus 4 per pound for the next 3,000 of excess weight; plus 5 per pound for all excess weight over 8,000 pounds 5 per pound for all excess weight over the allowed weight limitations;

On the adoption of the amendment, the yeas were 39, nays 0, and the Williams amendment #3 was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Adelman Y Balfour Y Brown Y Bulloch E Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell N Reed Y Rogers Y Schaefer

Smith E Starr Y Staton Y Stephens Y Stoner N Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman N Walker Y Weber Y Whitehead Y Wiles

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Y Harp Y Heath N Henson

Y Seabaugh N Seay Y Shafer,D

Y Williams Y Zamarripa

On the passage of the bill, the yeas were 46, nays 7.

HB 279, having received the requisite constitutional majority, was passed as amended.

HB 499. By Representatives Franklin of the 43rd, Keen of the 179th and Burkhalter of the 50th:

A BILL to be entitled an Act to amend Chapter 1 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections, so as to provide for the composition and number of congressional districts; to provide for election of members of Congress; to provide when such members shall take office; to provide for continuation of present congressional districts until a certain time; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Rogers of the 21st.

The Senate Reapportionment and Redistricting Committee offered the following substitute to HB 499:

A BILL TO BE ENTITLED AN ACT

To amend Chapter 1 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections, so as to provide for the composition and number of congressional districts; to provide for election of members of Congress; to provide when such members shall take office; to provide for continuation of present congressional districts until a certain time; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 1 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections, is amended by striking the description of Congressional Districts 1 through 13 immediately following the second sentence of subsection (a) of Code Section 21-1-2, relating to the designation of congressional districts, and inserting in its place the description of Congressional Districts 1 through 13 attached to this Act and made a part hereof and further identified as "Plan Name: unifiedgeorgia Plan Type:

MONDAY, MARCH 21, 2005

1817

Congress User: staff Administrator: H043".
SECTION 2. Said chapter is further amended by striking subsection (c) of Code Section 21-1-2, relating to the designation of congressional districts, and inserting in its place a new subsection (c) to read as follows:
(c) The first members elected pursuant to the provisions of this Code section shall be those who are elected to take office in January, 2003 2007. Successors to those members and future successors shall likewise be elected under the provisions of this Code section. Until that time the members of the United States House of Representatives elected in 2000 2004 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective for the primaries and elections of 2002 2006 for the purpose of electing the members in 2002 2006 who are to take office in 2003 2007. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the provisions of this Code section shall be effective January 1, 2003 2007.
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Plan Name: unifiedgeorgia Plan Type: Congress User: staff Administrator: H043
Redistricting Plan Components Report
District 001 Appling County
Atkinson County
Bacon County
Berrien County
Brantley County
Bryan County

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Camden County
Charlton County
Chatham County Tract: 102 BG: 3 3000 3001 3004 3005 3006 3020 3021 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: 3 3007 3008 3009 3010 3011 3998 3999 Tract: 109.02 Tract: 110.02 Tract: 110.03 Tract: 110.04 Tract: 111.01 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5996 5997 5998 5999 Tract: 111.03 Tract: 111.04 Tract: 111.05 Tract: 41 Tract: 42.02 BG: 2 2003 2004 2005 2006 2007 BG: 3 3002 3005 3006 3007 3008 3010 3011 3012 3013 BG: 6

MONDAY, MARCH 21, 2005
BG: 7 BG: 8 BG: 9 Tract: 42.05 Tract: 42.06 Tract: 42.08 BG: 2 2000 2001 2002 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 BG: 3 3000 3001 3006 3007 3008 BG: 5
Clinch County
Coffee County
Cook County
Echols County
Glynn County
Jeff Davis County
Lanier County
Liberty County
Long County
Lowndes County Tract: 101.01 Tract: 101.02 Tract: 101.03 Tract: 102.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1043 1044 1045 1046 1047 1999 Tract: 102.02 Tract: 103.01

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Tract: 103.02 Tract: 104.01 Tract: 104.02 Tract: 105 Tract: 106.01 Tract: 106.02 Tract: 106.03 Tract: 107 Tract: 108 Tract: 109 Tract: 110 Tract: 111 Tract: 112 Tract: 113.01 Tract: 113.02 Tract: 114.01 BG: 3 Tract: 114.02 Tract: 114.03 BG: 4 4004 4005 4006 4007 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4037 4038 4039 4999 Tract: 115 Tract: 116
McIntosh County
Pierce County
Telfair County
Ware County
Wayne County
Wheeler County

District 002 Baker County
Brooks County

MONDAY, MARCH 21, 2005
Calhoun County
Chattahoochee County
Clay County
Crawford County
Crisp County
Decatur County
Dooly County
Dougherty County
Early County
Grady County
Lee County
Lowndes County Tract: 102.01 BG: 1 1015 1016 1017 1037 1038 1039 1040 1041 1042 BG: 2 BG: 3 Tract: 114.01 BG: 1 BG: 2 Tract: 114.03 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4008 4009 4010 4011 4032 4033 4034 4035 4036
Macon County
Marion County

1821

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Miller County
Mitchell County
Muscogee County Tract: 1 Tract: 10 BG: 2 BG: 3 3003 3004 3005 3006 3007 3008 3009 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 Tract: 105.01 BG: 1 1021 1022 1023 1024 1025 BG: 2 BG: 3 3011 3012 3013 3014 3015 3016 3017 Tract: 106.02 Tract: 106.04 Tract: 106.05 Tract: 106.06 Tract: 107.01 Tract: 107.02 Tract: 107.03 Tract: 108 BG: 9 9008 9009 9010 9011 9012 9013 9014 9015 9016 9017 9018 9992 9993 9994 9995 9996 9997 Tract: 109 Tract: 11 BG: 1 1006 1007 1008 1009 1010 1011 1012 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 BG: 2 BG: 3 3000 3007 3008 3009 3013 3014 3015 3016 3017 3018 3019 3020 3021 Tract: 110 Tract: 12 BG: 2 2013 2035 2040 BG: 3 BG: 4

MONDAY, MARCH 21, 2005
Tract: 13 Tract: 14 Tract: 15 Tract: 16 Tract: 18 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1010 1011 1012 1013 BG: 2 2000 2001 2002 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 Tract: 19 BG: 1 1012 1013 1014 1022 BG: 2 Tract: 20 Tract: 21 Tract: 22 Tract: 23 Tract: 24 Tract: 25 Tract: 26 Tract: 27 Tract: 28 Tract: 29.01 Tract: 29.02 Tract: 3 BG: 4 BG: 5 Tract: 30 Tract: 31 Tract: 32 Tract: 33 Tract: 34 Tract: 4 BG: 3 3019 3023 3998 Tract: 5 Tract: 8 Tract: 9 BG: 2

1823

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JOURNAL OF THE SENATE

Peach County
Quitman County
Randolph County
Schley County
Seminole County
Stewart County
Sumter County
Talbot County
Taylor County
Terrell County
Thomas County
Webster County
Worth County Tract: 9501 Tract: 9502 BG: 1 1003 1004 1005 1007 1008 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 BG: 2 BG: 3 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4998 4999 Tract: 9504

MONDAY, MARCH 21, 2005
BG: 1 1078 1079 1080 1081 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 BG: 2 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2027 2047 2048 Tract: 9505
District 003 Carroll County
Tract: 9903 BG: 3 3044 3045 3052 3053 3055 3056 3061 3062 3063 3064 3065 3066 3067 3068 3069 3071 3072 3073 3074 3075 3076 3077 Tract: 9904 BG: 1 1038 1039 1040 1041 1042 1043 1046 1047 1048 1049 1050 1051 BG: 2 BG: 3 3000 3001 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3998 3999 Tract: 9905.01 BG: 1 1036 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2014 2015 2016 2017 2018 2024 2030 2031 2032 2033 2034 2035 2036 BG: 3 Tract: 9906 BG: 1 1039 1040 1052 BG: 2 2000 2009 2010 2011 2012 2013 2014 2015 2016 Tract: 9907.01 BG: 1

1825

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JOURNAL OF THE SENATE

BG: 2 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 2023 2024 2025 2026 2027 2028 2029 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3040 3041 3042 3043 3044 3045 3048 3049 3996 3997 3998 3999 Tract: 9907.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2008 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 2031 2032 2033 2034 2999 Tract: 9907.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1045 1046 1056 1057 1058 1999 BG: 2 2015 2016 2017 2018 2019 2020 2027 2028 2029 2997 Tract: 9908 Tract: 9909 Tract: 9910 Tract: 9911 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1031 1032 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 9912
Coweta County
Douglas County Tract: 804.01 Tract: 804.02 Tract: 805.04 BG: 3 3022 3023 3024 3025 3026 3027 3028

MONDAY, MARCH 21, 2005
Tract: 805.05 BG: 1 1026 1027 Tract: 805.06 BG: 3 BG: 4 4012 4013 4015 4016 Tract: 805.07
Fayette County
Harris County
Heard County
Henry County Tract: 701.04 BG: 1 1050 1051 1052 1053 1054 1055 1056 1068 1069 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2019 2020 2022 2024 2025 2026 2027 2028 2029 2030 2031 2032 Tract: 701.05 BG: 1 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1140 1141 1142 1146 BG: 2 2000 2001 2002 2003 2039 2040 BG: 3 3024 3025 Tract: 701.06 BG: 2 2014 2015 2016 2017 2018 Tract: 702.01 BG: 1 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 BG: 2 Tract: 702.02 Tract: 702.03

1827

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Tract: 703.03 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 BG: 2 BG: 3 Tract: 703.04 Tract: 703.05 Tract: 703.06 Tract: 704.01 Tract: 704.02 Tract: 705
Lamar County
Meriwether County
Muscogee County Tract: 10 BG: 1 BG: 3 3000 3001 3002 3010 3011 3012 3013 3014 3015 3016 3017 Tract: 101.02 Tract: 101.04 Tract: 101.05 Tract: 101.06 Tract: 102.01 Tract: 102.03 Tract: 102.04 Tract: 102.05 Tract: 103.01 Tract: 103.02 Tract: 104.01 Tract: 104.02 Tract: 105.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011

MONDAY, MARCH 21, 2005
1012 1013 1014 1015 1016 1017 1018 1019 1020 1999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 BG: 4 Tract: 105.02 Tract: 108 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9998 9999 Tract: 11 BG: 1 1000 1001 1002 1003 1004 1005 1013 BG: 3 3001 3002 3003 3004 3005 3006 3010 3011 3012 Tract: 12 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2036 2037 2038 2039 2041 2042 2043 2044 2045 2046 Tract: 18 BG: 1 1008 1009 1014 BG: 2 2003 Tract: 19 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1015 1016 1017 1018 1019 1020 1021 Tract: 2 Tract: 3 BG: 1 BG: 2 BG: 3 Tract: 4 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3020 3021 3022 3997 3999 Tract: 9 BG: 1
Pike County

1829

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Rockdale County Tract: 604.03 BG: 1 1002 1003 1009 1010 1011 1012 1013 1014 1015 1016 BG: 2 BG: 3 Tract: 604.05 BG: 1 1005 1006 1007 1008 1010 1011 1012 1013 1014 1015 1016 BG: 2 BG: 3 Tract: 604.06 BG: 2 2015 2016 2017 2018 Tract: 604.07 BG: 2 2000 2001 BG: 3 3000
Spalding County
Troup County
Upson County

District 004 DeKalb County
Tract: 211 BG: 1 BG: 2 BG: 3 3000 3001 3002 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3999 BG: 4 4001 4002 4003 4005 4006 4007 Tract: 212.04 Tract: 212.08 BG: 1 1020 BG: 2 2010 2011 2012 2013 2014 2016 2022 2023 2024 2025 2026 2027

MONDAY, MARCH 21, 2005
2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 Tract: 212.09 BG: 1 1000 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2022 2023 Tract: 213.01 BG: 1 1015 Tract: 213.02 Tract: 213.03 BG: 1 1009 1010 1011 1012 BG: 2 2000 2001 2002 2003 2006 2008 2009 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2027 2028 2029 2030 2031 2032 2034 2035 2036 Tract: 214.01 BG: 1 1000 1001 1003 1004 1005 Tract: 214.03 Tract: 214.04 Tract: 214.05 Tract: 214.06 BG: 1 Tract: 216.01 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3008 3009 Tract: 217.03 Tract: 217.04 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3023 3024 3025 BG: 9 Tract: 217.05 Tract: 217.06 Tract: 218.05 Tract: 218.06

1831

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Tract: 218.08 Tract: 218.09 Tract: 218.10 Tract: 218.11 Tract: 218.12 Tract: 219.02 Tract: 219.04 Tract: 219.06 Tract: 219.07 Tract: 219.08 Tract: 219.09 Tract: 220.01 Tract: 220.04 Tract: 220.05 Tract: 220.06 Tract: 220.07 Tract: 220.08 Tract: 221 Tract: 222 Tract: 226 BG: 2 2010 2014 2015 BG: 3 BG: 4 Tract: 228 BG: 1 BG: 2 2000 2001 2002 2003 2004 2007 BG: 3 3000 3001 3002 3008 3009 Tract: 229 Tract: 230 Tract: 231.01 Tract: 231.02 Tract: 231.05 Tract: 231.06 Tract: 231.07 Tract: 231.08 Tract: 232.03 Tract: 232.04 Tract: 232.06 Tract: 232.08 Tract: 232.09

MONDAY, MARCH 21, 2005
Tract: 232.10 Tract: 232.11 Tract: 232.12 Tract: 233.02 Tract: 233.03 Tract: 233.05 Tract: 233.06 Tract: 233.07 Tract: 233.09 Tract: 233.10 Tract: 234.04 BG: 1 BG: 3 3000 3001 3002 3003 BG: 4 4011 4012 4013 4014 Tract: 234.05 BG: 1 1000 1001 1002 1003 1004 1006 1007 1999 BG: 3 BG: 4 Tract: 234.10 Tract: 234.11 Tract: 234.12 Tract: 234.13 Tract: 234.14 Tract: 234.15 Tract: 234.16 Tract: 234.17 Tract: 234.18 Tract: 235.01 Tract: 235.04 Tract: 235.05 Tract: 235.06 Tract: 235.07 Tract: 236.01 Tract: 236.02 Tract: 236.03 Tract: 238.02 BG: 3 3001 3002 3003 3004 3005 Tract: 238.03 BG: 1

1833

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1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1999 BG: 2 BG: 3 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013
Gwinnett County Tract: 503.04 BG: 1 BG: 2 2018 Tract: 503.06 BG: 1 1017 1018 1019 1020 1021 1022 1023 1024 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1999 BG: 2 Tract: 503.11 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 BG: 3 3015 3016 3017 3020 3021 3022 Tract: 503.12 Tract: 503.13 Tract: 503.14 BG: 3 3005 3006 3007 BG: 4 Tract: 504.03 BG: 1 BG: 2 BG: 3 BG: 4 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9010 9011 9012 9013 9014 9018 9019 Tract: 504.10 Tract: 504.11 BG: 4 BG: 5 BG: 6 6005 6006 6007 6008 6009 6010 6011

MONDAY, MARCH 21, 2005
Tract: 504.17 Tract: 504.18 Tract: 504.19 Tract: 504.20 Tract: 504.21 Tract: 504.22 Tract: 504.23 BG: 3 BG: 4 Tract: 504.24
Rockdale County Tract: 601.01 Tract: 601.02 Tract: 602.01 Tract: 602.02 Tract: 603.04 Tract: 603.05 Tract: 603.06 Tract: 603.07 Tract: 603.08 Tract: 603.09 Tract: 604.03 BG: 1 1000 1001 1004 1005 1006 1007 1008 Tract: 604.04 Tract: 604.05 BG: 1 1000 1001 1002 1003 1004 1009 1017 1018 1019 1020 1021 Tract: 604.06 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2998 2999 Tract: 604.07 BG: 1 BG: 2 2002 2003 2004 2005 2006 BG: 3 3001 3002 3003 3004 3005 3006 3007 3999
District 005 Clayton County

1835

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Tract: 401 Tract: 402.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012 1013 1014 1015 1016 1017 BG: 2 2000 2001 Tract: 402.02 BG: 1 1001 1002 1003 1004 1005 1006 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9009 9010 9011 9012 9013 9014 9015 9016 9017 9018 9019 9020 9021 9022 9023 9024 9025 9026 9027 9028 9029 9030 9031 9034 9999 Tract: 403.01 Tract: 403.02 Tract: 403.03 BG: 3 3010 3011 3016 3017 3018 BG: 4 4001 4002 4003 4004 4005 4006 4007 4010 4011 4012 4013 Tract: 403.04 BG: 1 1000 1001 1002 1003 1008 1009 BG: 2 2003 2005 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 Tract: 403.05 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3010 Tract: 404.05 BG: 1 1019
DeKalb County Tract: 201 Tract: 202 Tract: 203 Tract: 204 Tract: 205 Tract: 206

MONDAY, MARCH 21, 2005
Tract: 207 Tract: 208.01 Tract: 208.02 Tract: 209 Tract: 214.01 BG: 1 1002 1006 1007 1008 1009 BG: 2 BG: 3 BG: 4 Tract: 214.06 BG: 2 Tract: 215.01 Tract: 215.02 Tract: 216.01 BG: 3 3005 3006 3007 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3999 BG: 4 Tract: 216.02 Tract: 216.03 Tract: 217.04 BG: 3 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 Tract: 223.01 Tract: 223.02 Tract: 224.01 Tract: 224.02 Tract: 224.03 Tract: 225 Tract: 226 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2011 2012 2013 Tract: 227 Tract: 228 BG: 2 2005 2006 BG: 3 3003 3004 3005 3006 3007 Tract: 234.04 BG: 3

1837

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JOURNAL OF THE SENATE

3008 3009 3010 3011 Tract: 237 Tract: 238.01 Tract: 238.02 BG: 1 BG: 2 BG: 3 3000 Tract: 238.03 BG: 1 1000 1001 BG: 3 3000 3001 3002 3003 BG: 4
Fulton County Tract: 1 Tract: 10 Tract: 100 Tract: 101.01 Tract: 101.10 BG: 1 1000 1001 1002 1003 1004 1005 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 BG: 2 2000 2001 2002 2003 2004 2010 2011 2012 2019 Tract: 102.06 Tract: 102.07 BG: 1 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 BG: 3 BG: 4 Tract: 103.03 Tract: 103.04 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5032 Tract: 105.07 BG: 1

MONDAY, MARCH 21, 2005
BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3011 BG: 9 9000 9001 9002 9006 9007 9009 9016 9017 9018 9019 9020 9021 9022 9023 9024 9025 9026 9027 9028 9998 9999 Tract: 105.08 BG: 2 2000 2001 2002 2003 2004 2019 2020 2021 2022 2023 2024 2025 Tract: 105.11 BG: 1 1031 1032 1033 Tract: 106.01 Tract: 106.03 Tract: 106.04 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3019 3020 3021 3022 3023 3024 3025 3026 BG: 4 Tract: 107 Tract: 108 Tract: 109 Tract: 11 Tract: 110 Tract: 111 Tract: 112.01 Tract: 112.02 Tract: 113.01 Tract: 113.03 Tract: 113.04 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 1031 1032 1037 1038 1039 1040 1044 1045 1046 1047 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1062 1999 Tract: 12 Tract: 13 Tract: 14 Tract: 15 Tract: 16 Tract: 17 Tract: 18 Tract: 19

1839

923

1840
Tract: 2 Tract: 21 Tract: 22 Tract: 23 Tract: 24 Tract: 25 Tract: 26 Tract: 27 Tract: 28 Tract: 29 Tract: 30 Tract: 31 Tract: 32 Tract: 33 Tract: 35 Tract: 36 Tract: 37 Tract: 38 Tract: 39 Tract: 4 Tract: 40 Tract: 41 Tract: 42 Tract: 43 Tract: 44 Tract: 46 Tract: 48 Tract: 49 Tract: 5 Tract: 50 Tract: 52 Tract: 53 Tract: 55.01 Tract: 55.02 Tract: 56 Tract: 57 Tract: 58 Tract: 6 Tract: 60 Tract: 61 Tract: 62 Tract: 63 Tract: 64

JOURNAL OF THE SENATE

Tract: 65 Tract: 66.01 Tract: 66.02 Tract: 67 Tract: 68.01 Tract: 68.02 Tract: 69 Tract: 7 Tract: 70.01 Tract: 70.02 Tract: 71 Tract: 72 Tract: 73 Tract: 74 Tract: 75 Tract: 76.01 Tract: 76.02 Tract: 77.01 Tract: 77.02 Tract: 78.02 Tract: 78.05 Tract: 78.06 Tract: 78.07 Tract: 78.08 Tract: 79 Tract: 8 Tract: 80 Tract: 81.01 Tract: 81.02 Tract: 82.01 Tract: 82.02 Tract: 83.01 Tract: 83.02 Tract: 84 Tract: 85 Tract: 86.01 Tract: 86.02 Tract: 87.01 Tract: 87.02 Tract: 88 Tract: 89.01 Tract: 89.02 Tract: 90

MONDAY, MARCH 21, 2005

1841

924

1842
Tract: 91 Tract: 92 Tract: 93 Tract: 94.01 Tract: 94.02 Tract: 95 Tract: 96 Tract: 97 Tract: 98 Tract: 99

JOURNAL OF THE SENATE

District 006 Cherokee County
Cobb County Tract: 303.10 BG: 1 1000 Tract: 303.11 Tract: 303.12 BG: 1 BG: 2 2000 2001 2002 2003 2004 2018 2019 2020 BG: 5 5004 Tract: 303.14 Tract: 303.18 Tract: 303.19 Tract: 303.20 Tract: 303.22 Tract: 303.23 Tract: 303.24 Tract: 303.25 Tract: 303.26 Tract: 303.27 Tract: 303.28 Tract: 303.29 Tract: 303.30 Tract: 303.31 Tract: 303.32 Tract: 303.33 Tract: 303.34

MONDAY, MARCH 21, 2005
Tract: 303.35 Tract: 303.36 Tract: 303.37 Tract: 303.38 BG: 2 BG: 4 4000 4001 4002 4003 4011 4012 4013 4014 4015 4018 Tract: 303.39 Tract: 304.01 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3014 3015 3016 3017 3018 3019 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 Tract: 304.02 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3014 3015 3016 3017 3018 3019 3020 3021 3022 BG: 4 Tract: 304.05 BG: 1 1000 1001 1002 1003 1004 1005 1008 1009 1010 1012 1013 1014 1023 BG: 2 2022 2023 2024 2025 2029 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2045 2046 Tract: 305.01 BG: 1 Tract: 305.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1019 1023 BG: 2 2001 BG: 3 Tract: 305.04 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3014 3015 3016 3018 3019 3020 3024 3025 Tract: 305.05

1843

925

1844

JOURNAL OF THE SENATE

BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1012 BG: 2 2000 2004 2021 Tract: 312.02 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3997 3998 3999 BG: 4 4000 4001 4002 4004 4032 4033 4034 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5017 5018 5019 5020 5021 5022 5023 5024 Tract: 312.03 BG: 1 1000 1001 1002 1003 1008 1036 BG: 2 2000 2001 2002 2003 2004 2005 Tract: 312.04 BG: 1 1050 BG: 2 2000 2001 2002 2003 2004 2005 2006 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2066 2067 2068 2997 2998 2999
DeKalb County Tract: 211 BG: 3 3003 3004 3005 3006 3007 BG: 4 4000 4004 Tract: 212.02 Tract: 212.07 Tract: 212.08 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2015 2017 2018 2019 2020 2021 2047

MONDAY, MARCH 21, 2005
Tract: 212.09 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 BG: 2 2016 2017 2018 2019 2020 2021 Tract: 212.10 Tract: 212.11 Tract: 212.12 Tract: 212.13 Tract: 212.14 Tract: 213.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 Tract: 213.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1013 1014 1015 1016 1017 BG: 2 2004 2005 2007 2010 2011 2024 2025 2026 2033 Tract: 213.04
Fulton County Tract: 101.06 Tract: 101.07 Tract: 101.08 Tract: 101.09 Tract: 101.10 BG: 1 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 BG: 2 2005 2006 2007 2008 2009 2013 2014 2015 2016 2017 2018 Tract: 101.11 Tract: 101.12 Tract: 102.04 Tract: 102.05 Tract: 102.07 BG: 2 2000 Tract: 102.08 Tract: 102.09

1845

926

1846

JOURNAL OF THE SENATE

Tract: 102.10 Tract: 114.03 Tract: 114.04 Tract: 114.05 Tract: 114.06 Tract: 114.07 Tract: 114.10 Tract: 114.11 Tract: 114.12 Tract: 114.13 Tract: 114.14 Tract: 114.15 Tract: 115.01 Tract: 115.02 Tract: 116.04 Tract: 116.05 Tract: 116.06 Tract: 116.07 Tract: 116.08 Tract: 116.09
District 007 Barrow County
Forsyth County Tract: 1305.02 BG: 1 1072 1073 1074 1075 1076 1077 1078 1079 1090 1093 1132 1135 1136 1995 Tract: 1306 BG: 1 1101 1102 BG: 2 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2998
Gwinnett County Tract: 501.03 Tract: 501.04

MONDAY, MARCH 21, 2005
Tract: 501.05 Tract: 501.06 Tract: 502.02 Tract: 502.04 Tract: 502.05 Tract: 502.06 Tract: 502.07 Tract: 503.04 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 BG: 8 Tract: 503.06 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1025 Tract: 503.07 Tract: 503.08 Tract: 503.09 Tract: 503.10 Tract: 503.11 BG: 1 1021 1022 1023 1024 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3018 3019 Tract: 503.14 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 Tract: 503.15 Tract: 503.16 Tract: 504.03 BG: 9 9015 9016 9017 9020 9021 9022 9023 9024 9025 Tract: 504.11 BG: 1 BG: 3 BG: 6 6000 6001 6002 6003 6004 Tract: 504.15

1847

927

1848
Tract: 504.16 Tract: 504.23 BG: 1 Tract: 504.25 Tract: 504.26 Tract: 504.27 Tract: 504.28 Tract: 504.29 Tract: 504.30 Tract: 505.07 Tract: 505.09 Tract: 505.10 Tract: 505.11 Tract: 505.12 Tract: 505.13 Tract: 505.14 Tract: 505.15 Tract: 505.16 Tract: 505.17 Tract: 505.18 Tract: 505.19 Tract: 505.20 Tract: 505.21 Tract: 505.22 Tract: 506.02 Tract: 506.03 Tract: 506.04 Tract: 507.04 Tract: 507.05 Tract: 507.09 Tract: 507.12 Tract: 507.13 Tract: 507.14 Tract: 507.15 Tract: 507.16 Tract: 507.17 Tract: 507.18 Tract: 507.19 Tract: 507.20 Tract: 507.21
Newton County Tract: 1001

JOURNAL OF THE SENATE

MONDAY, MARCH 21, 2005
BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2089 2090 2091 2092 2093 2094 2095 2096 2099 2104 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2996 2997 2998 2999 Tract: 1003 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 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1098 1099 1100 1101 1102 1103 1106 1116 1117 1118 1119 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2021 2022 2025 2026 2039 Tract: 1004 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1071 1072 1084 1087 1088 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2030 2031 2032 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 BG: 3 3000 3001 3002 Tract: 1005 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1035 1036 1037 1038 1039

1849

928

1850

JOURNAL OF THE SENATE

1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1080 1081 1082 1083 1084 1085 1086 1089 1090 1091 1092 1093
Walton County
District 008 Baldwin County
Tract: 9706 BG: 3 3002 3011 3015 3016 3017 3018 3019 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4023 Tract: 9708 BG: 1 1000 1001 1002 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1023 1024 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 1994 1995 1996 1997 1998 1999 BG: 2 2000 2001 2002 2020 2021 2022 2023 2024 2025 2026 2028 2029 2030 BG: 3 BG: 4 4004 4005 4006 4007 4008 4009 4010 4011 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4999
Ben Hill County
Bibb County
Bleckley County
Butts County
Colquitt County
Dodge County

MONDAY, MARCH 21, 2005
Houston County
Irwin County
Jasper County
Jones County
Laurens County
Monroe County
Newton County Tract: 1001 BG: 2 2088 2097 2098 2100 2101 2102 2103 2105 Tract: 1002 Tract: 1003 BG: 1 1061 1062 1063 1064 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1104 1105 1107 1108 1109 1110 1111 1112 1113 1114 1115 BG: 2 2000 2001 2017 2018 2019 2020 2023 2024 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 BG: 3 Tract: 1004 BG: 1 1018 1019 1020 1038 1039 1040 1041 1042 1043 1044 1045 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1085 1086 1089 1090 1091 BG: 2 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2033 2034 2035 2036 2037 2038 2039 2040 2041 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 BG: 3 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 Tract: 1005

1851

929

1852

JOURNAL OF THE SENATE

BG: 1 1000 1001 1002 1003 1004 1005 1006 1026 1027 1028 1029 1030 1031 1032 1033 1034 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1087 1088 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1999 Tract: 1006 Tract: 1007 Tract: 1008 Tract: 1009
Pulaski County
Tift County
Turner County
Twiggs County
Wilcox County
Wilkinson County
Worth County Tract: 9502 BG: 1 1000 1001 1002 1006 1009 1010 1011 1012 1013 1014 1015 BG: 4 4000 Tract: 9504 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 1082 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

MONDAY, MARCH 21, 2005
1160 1161 1162 1226 1227 1998 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2026 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 BG: 3 Tract: 9506
District 009 Catoosa County
Dade County
Dawson County
Fannin County
Forsyth County Tract: 1301 Tract: 1302 Tract: 1303 Tract: 1304.01 Tract: 1304.02 Tract: 1305.01 Tract: 1305.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 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 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1091 1092 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 1133 1134 1137 1994 1996 1997 1998 1999 Tract: 1306 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

1853

930

1854

JOURNAL OF THE SENATE

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 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2999
Gilmer County
Gordon County Tract: 9701 Tract: 9702 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2059 2060 2064 2065 2066 2067 2996 2997 2998 2999 BG: 3 3003 3004 Tract: 9703 BG: 1 1000 1001 1002 1003 1004 1997 1998 1999 Tract: 9704 BG: 1 1000 1001 1002 1003 Tract: 9708 BG: 1 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3022 3025 3026 3029 3030 Tract: 9709
Hall County

Lumpkin County Murray County Pickens County Union County Walker County White County Whitfield County District 010 Banks County Clarke County Columbia County Elbert County Franklin County Greene County Habersham County Hart County Jackson County Lincoln County Madison County McDuffie County Morgan County Oconee County

MONDAY, MARCH 21, 2005

1855

931

1856

JOURNAL OF THE SENATE

Oglethorpe County
Putnam County
Rabun County
Richmond County Tract: 1 Tract: 10 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1017 BG: 2 BG: 3 BG: 4 Tract: 101.01 Tract: 101.02 Tract: 101.04 Tract: 101.05 Tract: 102.01 Tract: 102.03 Tract: 102.04 Tract: 105.04 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1009 1019 1020 1021 1022 1026 BG: 2 2000 2001 2002 2003 2004 2005 2009 2010 2012 2013 2024 2025 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2997 2998 2999 Tract: 105.05 BG: 2 2009 Tract: 107.04 BG: 1 1060 Tract: 108 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9996 9997 9998 9999 Tract: 109.01

MONDAY, MARCH 21, 2005
BG: 4 4046 Tract: 11 Tract: 12 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 BG: 4 4002 4006 4007 4008 4009 4010 BG: 5 5000 5001 BG: 6 BG: 7 Tract: 13 BG: 2 2015 2016 2017 2021 2022 Tract: 16 Tract: 2 Tract: 3 Tract: 4 Tract: 6 BG: 1 1002 1015 1016 BG: 2 2006 2007 2020 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4023 4024 4025 4026 4027 Tract: 7 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 2049 2050 Tract: 8 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1032 1998 1999 BG: 2 Tract: 9 BG: 2 2002 2003 2004 2007

1857

932

1858

JOURNAL OF THE SENATE

BG: 3 BG: 4
Stephens County
Towns County
Wilkes County
District 011 Bartow County
Carroll County Tract: 9901.01 Tract: 9901.02 Tract: 9902 Tract: 9903 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3046 3047 3048 3049 3050 3051 3054 3057 3058 3059 3060 3070 3078 3079 3998 3999 Tract: 9904 BG: 1 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 1044 1045 1999 BG: 3 3002 Tract: 9905.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1037 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

MONDAY, MARCH 21, 2005
BG: 2 2000 2001 2012 2013 2019 2020 2021 2022 2023 2025 2026 2027 2028 2029 Tract: 9905.02 Tract: 9906 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 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1998 1999 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 BG: 3 Tract: 9907.01 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2021 BG: 3 3034 3035 3036 3037 3038 3039 3046 3047 3050 3051 3052 3053 Tract: 9907.02 BG: 2 2006 2007 2009 2021 2023 2024 2025 2026 2027 2028 2029 2030 Tract: 9907.03 BG: 1 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1047 1048 1049 1050 1051 1052 1053 1054 1055 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2021 2022 2023 2024 2025 2026 2998 2999 Tract: 9911 BG: 1 1030
Chattooga County
Cobb County Tract: 301.01 Tract: 301.02 Tract: 301.03 Tract: 302.05 Tract: 302.08 Tract: 302.09

1859

933

1860

JOURNAL OF THE SENATE

Tract: 302.10 Tract: 302.11 Tract: 302.12 Tract: 302.13 Tract: 302.14 Tract: 302.15 Tract: 302.16 Tract: 302.17 Tract: 303.10 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 303.12 BG: 2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 BG: 3 BG: 4 BG: 5 5000 5001 5002 5003 Tract: 303.13 Tract: 303.38 BG: 3 3002 Tract: 304.01 BG: 3 3013 3020 Tract: 304.02 BG: 3 3013 Tract: 304.04 Tract: 304.05 BG: 1 1006 1007 1011 1015 1016 1017 1018 1019 1020 1021 1022 1024 1025 1026 1027 1028 1029 1030 1031 1032 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2017 2018 2019 2020 2021 2026 2027 2028 2030 2031 2044 2047 Tract: 304.06

MONDAY, MARCH 21, 2005
BG: 1 1000 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 BG: 2 2000 2003 BG: 3 3006 3007 3008 3009 3010 BG: 4 4000 BG: 5 5000 5001 5002 5003 5006 Tract: 305.01 BG: 2 BG: 3 BG: 4 Tract: 305.02 BG: 1 1016 1017 1018 1020 1021 1022 1024 1025 1026 BG: 2 2000 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2999 Tract: 305.04 BG: 1 BG: 2 BG: 3 3012 3013 3017 3021 3022 3023 Tract: 305.05 BG: 1 1010 1011 1013 1014 1015 1016 1017 BG: 2 2001 2002 2003 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 Tract: 306 Tract: 307 Tract: 308 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011

1861

934

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JOURNAL OF THE SENATE

3012 3013 3014 3015 3016 3017 3018 3019 3023 3024 3025 3026 3027 3028 3029 3030 3031 3037 3038 3039 3040 3041 3043 Tract: 309.01 Tract: 309.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3014 3016 3017 BG: 4 4000 4003 4004 4006 4007 4008 4009 4012 Tract: 309.04 BG: 4 4012 Tract: 309.05 BG: 1 1000 1011 Tract: 310.01 BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9010 9011 9012 9013 9014 9015 9016 9017 9018 9019 9020 9021 9022 9023 9024 9025 9026 9027 9028 9029 9030 9031 9032 9033 9034 9035 9036 9037 9038 9039 9040 9041 9043 9044 9045 9046 9047 9048 9049 9050 Tract: 311.08 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2010 2011 2012 2014 2015 2016 2017 2018 2019 2020 2021 2022 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3013 3014 3015 3016 3022 3027 3028 3029 3030 3031 3032 3033 3034 BG: 4 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 Tract: 311.09 BG: 1 1017 1018 BG: 2 Tract: 311.11 BG: 1

MONDAY, MARCH 21, 2005
1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 Tract: 315.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1013 1014 1015 1016 1018 1019 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 2014 2016 2018 2019 2020 2021 2025 2026 2027 2028 2999 Tract: 315.05 BG: 1 1002 1003 1004 1005 1006 1024 1025
Floyd County
Gordon County Tract: 9702 BG: 2 2041 2042 2043 2054 2055 2056 2057 2058 2061 2062 2063 BG: 3 3000 3001 3002 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3993 3994 3995 3996 3997 3998 3999 BG: 4 Tract: 9703 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1995 1996 BG: 2 BG: 3 BG: 4 Tract: 9704 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1999 BG: 2 BG: 3 Tract: 9705

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Tract: 9706 Tract: 9707 Tract: 9708 BG: 2 BG: 3 3014 3015 3016 3017 3018 3019 3020 3021 3023 3024 3027 3028 3031 3032 3033 3034
Haralson County
Paulding County
Polk County
District 012 Baldwin County
Tract: 9701 Tract: 9702 Tract: 9703 Tract: 9704 Tract: 9705 Tract: 9706 BG: 1 BG: 2 BG: 3 3000 3001 3003 3004 3005 3006 3007 3008 3009 3010 3012 3013 3014 BG: 4 4022 Tract: 9707.01 Tract: 9707.02 Tract: 9708 BG: 1 1003 1004 1005 1006 1007 1008 1021 1022 1025 1026 1027 1028 1993 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2027 BG: 4 4000 4001 4002 4003 4012 4013 4014 4015 4016
Bulloch County

MONDAY, MARCH 21, 2005
Burke County
Candler County
Chatham County Tract: 1 Tract: 101.01 Tract: 101.02 Tract: 102 BG: 1 BG: 2 BG: 3 3002 3003 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 Tract: 105.01 Tract: 105.02 Tract: 106.01 Tract: 106.03 Tract: 106.04 Tract: 106.05 Tract: 107 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 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 Tract: 109.01 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006

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Tract: 11 Tract: 111.01 BG: 5 5015 5016 5017 5018 5019 5020 5021 5022 5023 5993 5994 5995 Tract: 12 Tract: 13 Tract: 15 Tract: 18 Tract: 19 Tract: 20 Tract: 21 Tract: 22 Tract: 23 Tract: 24 Tract: 25 Tract: 26 Tract: 27 Tract: 28 Tract: 29 Tract: 3 Tract: 30 Tract: 32 Tract: 33.01 Tract: 33.02 Tract: 34 Tract: 35.01 Tract: 35.02 Tract: 36.01 Tract: 36.02 Tract: 37 Tract: 38 Tract: 39 Tract: 40.01 Tract: 40.02 Tract: 42.02 BG: 1 BG: 2 2000 2001 2002 BG: 3 3000 3001 3003 3004 3009 3014 3015 3016 BG: 4 BG: 5 Tract: 42.07

MONDAY, MARCH 21, 2005
Tract: 42.08 BG: 1 BG: 2 2003 2004 BG: 3 3002 3003 3004 3005 BG: 4 Tract: 43 Tract: 44 Tract: 45 Tract: 6.01 Tract: 8 Tract: 9
Effingham County
Emanuel County
Evans County
Glascock County
Hancock County
Jefferson County
Jenkins County
Johnson County
Montgomery County
Richmond County Tract: 10 BG: 1 1016 1018 1019 1020 Tract: 103 Tract: 104 Tract: 105.04 BG: 1 1008 1010 1011 1012 1013 1014 1015 1016 1017 1018 1023 1024 1025 1027 1028 BG: 2

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2006 2007 2008 2011 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2026 2027 2028 2029 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2085 2086 Tract: 105.05 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 BG: 3 Tract: 105.06 Tract: 105.07 Tract: 105.08 Tract: 105.09 Tract: 105.10 Tract: 105.11 Tract: 106 Tract: 107.03 Tract: 107.04 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1061 1062 1063 1064 1065 1066 Tract: 107.05 Tract: 107.06 Tract: 108 BG: 9 9010 9011 9012 9013 9014 Tract: 109.01 BG: 1 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4998 4999 Tract: 109.02

MONDAY, MARCH 21, 2005
Tract: 12 BG: 1 1018 1019 BG: 2 BG: 3 BG: 4 4000 4001 4003 4004 4005 BG: 5 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 Tract: 13 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2018 2019 2020 2023 2024 2025 2026 2027 2028 2029 Tract: 14 Tract: 15-2 Tract: 6 BG: 1 1000 1001 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1999 BG: 2 2000 2001 2002 2003 2004 2005 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 BG: 3 BG: 4 4000 4021 4022 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 Tract: 7 BG: 1 BG: 2 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 BG: 3 Tract: 8 BG: 1 1030 1031 Tract: 9 BG: 1 BG: 2 2000 2001 2005 2006 2008
Screven County

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Taliaferro County
Tattnall County
Toombs County
Treutlen County
Warren County
Washington County
District 013 Clayton County
Tract: 402.01 BG: 1 1011 1018 1019 1020 1021 1022 1023 1024 1025 1026 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Tract: 402.02 BG: 1 1000 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1998 1999 BG: 9 9008 9032 9033 9035 9036 9997 9998 Tract: 403.03 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3012 3013 3014 3015 BG: 4 4000 4008 4009 BG: 5 BG: 6 Tract: 403.04 BG: 1 1004 1005 1006 1007 1010 1011 1012 1013 1014 1015 BG: 2 2000 2001 2002 2004 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025

MONDAY, MARCH 21, 2005
2026 BG: 3 3023 Tract: 403.05 BG: 1 BG: 2 BG: 3 3009 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 Tract: 404.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 BG: 2 BG: 3 Tract: 404.06 Tract: 404.07 Tract: 404.08 Tract: 404.09 Tract: 404.10 Tract: 404.11 Tract: 404.12 Tract: 404.13 Tract: 405.03 Tract: 405.06 Tract: 405.09 Tract: 405.10 Tract: 405.11 Tract: 405.12 Tract: 405.13 Tract: 405.14 Tract: 405.15 Tract: 405.16 Tract: 405.17 Tract: 405.18 Tract: 406.06 Tract: 406.07 Tract: 406.08 Tract: 406.09 Tract: 406.10 Tract: 406.11 Tract: 406.12 Tract: 406.13

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Tract: 406.14
Cobb County Tract: 303.38 BG: 1 BG: 3 3000 3001 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 BG: 4 4004 4005 4006 4007 4008 4009 4010 4016 4017 4019 4020 4021 4022 4023 4024 4025 Tract: 304.05 BG: 2 2016 Tract: 304.06 BG: 1 1001 BG: 2 2001 2002 BG: 3 3000 3001 3002 3003 3004 3005 BG: 4 4001 4002 BG: 5 5004 5005 5007 5008 Tract: 308 BG: 3 3020 3021 3022 3032 3033 3034 3035 3036 3042 Tract: 309.02 BG: 1 1019 1020 1021 1022 1023 1024 BG: 2 BG: 3 3013 3015 BG: 4 4001 4002 4005 4010 4011 4013 4014 Tract: 309.04 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 Tract: 309.05 BG: 1

MONDAY, MARCH 21, 2005
1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 BG: 2 BG: 3 Tract: 310.01 BG: 1 BG: 2 BG: 9 9042 Tract: 310.02 Tract: 310.04 Tract: 310.05 Tract: 311.01 Tract: 311.05 Tract: 311.06 Tract: 311.07 Tract: 311.08 BG: 1 1010 1011 BG: 2 2008 2009 2013 BG: 3 3010 3011 3012 3017 3018 3019 3020 3021 3023 3024 3025 3026 BG: 4 4000 4001 4002 4003 4015 4016 4017 4018 4019 Tract: 311.09 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 Tract: 311.10 Tract: 311.11 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1035 1036 1037 1038 1039 1040 Tract: 311.12 Tract: 312.02 BG: 3 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3996 BG: 4 4003 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015

1873

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4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 BG: 5 5010 5011 5012 5013 5014 5015 5016 BG: 6 Tract: 312.03 BG: 1 1004 1005 1006 1007 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1037 1038 BG: 2 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2998 2999 Tract: 312.04 BG: 1 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 BG: 2 2007 2008 2009 2010 2011 2012 2013 2014 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2062 2063 2064 2065 Tract: 313.02 Tract: 313.06 Tract: 313.07 Tract: 313.08 Tract: 313.09 Tract: 313.10 Tract: 313.11 Tract: 314.04 Tract: 314.05 Tract: 314.06 Tract: 314.07 Tract: 315.01 BG: 1 1010 1011 1012 1017 BG: 2 2012 2015 2017 2022 2023 2024 2029 2030 2031 2032 2033 2034 BG: 3

MONDAY, MARCH 21, 2005
BG: 4 BG: 5 BG: 6 BG: 7 Tract: 315.03 Tract: 315.04 Tract: 315.05 BG: 1 1000 1001 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 BG: 2 BG: 3
DeKalb County Tract: 234.04 BG: 2 BG: 3 3004 3005 3006 3007 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 BG: 5 Tract: 234.05 BG: 1 1005 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1998 BG: 2
Douglas County Tract: 801.01 Tract: 802.01 Tract: 802.02 Tract: 803.01 Tract: 803.02 Tract: 805.03 Tract: 805.04 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3999 BG: 4 Tract: 805.05 BG: 1

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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 BG: 2 Tract: 805.06 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4014 4017 4018 4019 4020 4021 4022 4023 4024 Tract: 806.01 Tract: 806.02
Fulton County Tract: 103.01 Tract: 103.04 BG: 5 5030 5031 5033 5034 5035 5036 5037 5038 5039 5040 5041 Tract: 104 Tract: 105.07 BG: 3 3008 3009 3010 3012 3013 3014 3015 3016 3017 3018 3019 3999 BG: 9 9003 9004 9005 9008 9010 9011 9012 9013 9014 9015 Tract: 105.08 BG: 2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2026 2027 2028 2029 2030 2031 2032 2033 2034 Tract: 105.09 Tract: 105.10 Tract: 105.11 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1034 BG: 2 BG: 4 Tract: 105.12 Tract: 105.13 Tract: 105.14 Tract: 106.04 BG: 3 3012 3013 3014 3015 3016 3017 3018 Tract: 113.04 BG: 1

MONDAY, MARCH 21, 2005
1030 1033 1034 1035 1036 1041 1042 1043 1048 1049 1060 1061 1063 1064 1065 1066 1067 1068 1069 1070
Henry County Tract: 701.01 Tract: 701.02 Tract: 701.04 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1997 1998 1999 BG: 2 2018 2021 2023 Tract: 701.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1138 1139 1143 1144 1145 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 BG: 2 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2041 2042 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3026 3027 Tract: 701.06 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

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2012 2013 2019 2020 2021 2022 2023 2024 2999 Tract: 702.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 Tract: 703.03 BG: 1 1000

On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:

Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans N Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath N Henson

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

Y Smith E Starr N Staton Y Stephens N Stoner N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S N Tolleson Y Unterman N Walker Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the adoption of the substitute, the yeas were 33, nays 21, 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 N Brown Y Bulloch

Y Hill,Jack Y Hill,Judson N Hooks Y Hudgens

Y Smith E Starr N Staton Y Stephens

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N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans N Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson

Y Johnson N Jones Y Kemp N Me V Bremen N Miles Y Moody Y Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

N Stoner N Tate Y Thomas,D N Thomas,R N Thompson,C N Thompson,S N Tolleson Y Unterman N Walker Y Weber Y Whitehead Y Wiles Y Williams N Zamarripa

On the passage of the bill, the yeas were 32, nays 21.

HB 499, having received the requisite constitutional majority, was passed by substitute.

HB 36. By Representatives Willard of the 49th, Geisinger of the 48th and Wilkinson of the 52nd:
A BILL to be entitled an Act to revise provisions of law relating to creation of new municipal corporations; to amend Chapter 31 of Title 36 of the O.C.G.A., relating to incorporation of municipal corporations, so as to eliminate certain minimum distance requirements; to provide that new municipal corporations shall have a minimum amount of time to arrange for service delivery; to provide that the Attorney General shall seek federal Voting Rights Act preclearances required in connection with new incorporations; to provide for the authorization and regulation of alcoholic beverage sales in new municipalities under certain circumstances; to amend Code Section 48-8-89.1 of the O.C.G.A., relating to distribution of joint county and municipal local option sales tax with respect to new qualified municipalities; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Moody of the 56th.
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 36:

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A BILL TO BE ENTITLED AN ACT
To revise provisions of law relating to creation of new municipal corporations; to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to eliminate certain minimum distance requirements; to provide that new municipal corporations shall have a minimum amount of time to arrange for service delivery; to change provisions relating to development requirements for areas to be incorporated; to provide that the Attorney General shall seek federal Voting Rights Act preclearances required in connection with new incorporations; to provide for the authorization and regulation of alcoholic beverage sales in new municipalities under certain circumstances; to provide for the orderly transition of responsibilities and functions to a new municipality from its county and provide for counties to retain certain functions and responsibilities for certain periods of time; to provide that a chartering Act may specify any length or lengths for initial terms of office; to authorize the appropriation of funds to the Department of Community Affairs for loans or grants or both to new municipal corporations; to provide for temporary limitations on the amount of certain special district fees, assessments, and taxes following the creation of a new municipal corporation in certain counties; to provide for certain auditing and reporting requirements with respect to special district revenues and expenditures in certain counties; to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to joint county and municipal local option sales tax, so as to change provisions for distribution with respect to certain newly incorporated municipalities and other local governments in the county; to provide for other related matters; to provide for severability; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, is amended by striking Code Section 36-31-2 thereof, relating to minimum distances between corporate boundaries, and inserting in its place the following:
36-31-2. (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,

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1881

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. (b) Any provision of subsection (a) of this Code section to the contrary, a local Act granting a municipal charter to any area comprising the former boundaries of a municipal corporation the charter of which was repealed by operation of Code Section 36-30-7.1 may be enacted at the regular 1996 or 1997 session of the General Assembly without regard to the proximity of the proposed municipal corporation to an existing municipal corporation. When a municipal corporation is created by local Act as authorized in this chapter, the provisions of Code Section 36-30-7.1 shall not apply for two years from the date the first elected officials of such municipal corporation take office. No later than July 1 following the expiration of such two-year period, the governing authority of the municipal corporation shall file a certification with the Department of Community Affairs stating whether the municipal corporation does or does not meet the standards for an active municipality under subsection (b) of Code Section 36-30-7.1.
SECTION 2. Said Chapter 31 of Title 36 is further amended by striking Code section 36-31-4, relating to standards for areas to be incorporated, and inserting in its place a new Code section to read as follows:
36-31-4. To be eligible for original incorporation as a municipal corporation, the area embraced shall be so developed that at least 60 percent of the total number of lots and tracts in the area at the time of incorporation are used for residential, commercial, industrial, institutional, recreational, or governmental purposes and shall be subdivided into lots and tracts such that at least 60 percent of the total acreage, not counting the acreage used which at the time of incorporation is used for, held for future use for, or subject to a contract for future use for commercial, industrial, governmental, recreational, or institutional purposes, consists of lots and tracts of five acres or less in size.
SECTION 3. Said Chapter 31 of Title 36 is further amended by adding at its end new Code sections to read as follows:
36-31-6. When a new municipal corporation is chartered by local Act, the Attorney General shall be responsible for seeking any and all preclearances required in connection with such Act and incorporation under the federal Voting Rights Act of 1965, as amended, until such time as the new municipal corporation notifies the Attorney General that it has the ability to seek any further preclearances required.

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36-31-7. When a new municipal corporation is chartered by local Act, the governing authority of the municipal corporation shall have all the same powers to license and regulate alcoholic beverages within its territory as did the governing authority of the county when such territory was within the unincorporated area of the county. Without limiting the generality of the foregoing, it is specifically provided that no petition, election, or other condition precedent which might otherwise be required under Title 3 to authorize sales of any alcoholic beverages shall be required in order for the governing authority of the municipality to exercise such powers.
36-31-8. (a) When a new municipal corporation is chartered by local Act, the local Act may provide for a transition period not to exceed 24 months for the orderly transition of governmental factions from the county to the new municipal corporation. The local Act may specify the time or times during the transition period (or the method or methods for determining the time or times during the transition period) at which:
(1) Various governmental functions, services, and responsibilities will be assumed by the new municipal corporation within its territory; and (2) The municipal court of the new municipality shall begin to exercise its jurisdiction over various subject matters. (b) When a chartering local Act so provides for a transition period, the county in which the new municipality is located shall continue to provide within the territory of the new city all government services and functions which it provided as of the date of enactment of the chartering local Act. The county shall continue to provide such services and functions until the end of the transition period; provided, however, that the new city may assume the provision of any service or function at such earlier time as may be specified in the chartering local Act or at such earlier time as may be agreed upon by the county and the new city. (c) When a chartering local Act so provides for a transition period, the new municipality shall collect within the territory of the new city all taxes, fees, assessments, fines and forfeitures, and other moneys as of the first day the initial governing authority takes office. Where a particular tax, fee, assessment, fine, forfeiture, or other amount collected is specifically related to the provision of a particular government service or function by the county, the service or function shall continue to be provided by the county during the transition period contingent upon payment by the city of the actual cost of providing such service or function unless otherwise provided in a written agreement between the new city and the county. (d) When a chartering local Act so provides for a transition period, the county in which the new city is located shall not from the time of enactment of the charter until the end of the transition period remove from the county road system any road within the territory of the new city except with the agreement of the new city. (e) When a chartering local Act so provides for a transition period, the new municipality shall not be subject to the laws specified in this subsection during the

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transition period; provided, however, that the new city and other political subdivisions may during the transition period commence planning, negotiations, and other actions necessary or appropriate for compliance after the transition period. During the transition period, the new municipality shall not be subject to:
(1) Chapter 70 of this title, relating to planning and service delivery strategies; (2) Provisions of Code Sections 12-8-31.1 and 12-8-39.2, relating to solid waste planning and solid waste management reporting; (3) Provisions of Code Section 48-13-56, relating to reporting of excise taxes collected and expended pursuant to Article 3 of Chapter 13 of Title 48; and (4) Provisions of Code Section 36-81-8, relating to reporting of local government finances, reporting of revenues derived from a tax levied pursuant to Article 3 of Chapter 13 of Title 48, and reporting of local government services and operations. (f) When a chartering local Act so provides for a transition period, upon the termination of the transition period subsections (b) through (e) of this Code section shall cease to apply and the new city shall be a fully functioning municipal corporation and subject to all general laws of this state. (g) As of the date a chartering local Act is approved by the Governor or becomes law without such approval, the Governor is authorized to appoint five persons to serve as interim representatives of the newly incorporated municipality until the election of the municipalitys first governing authority. The interim representatives shall cease to serve as of the time the members of the first governing authority take office. The function of the interim representatives shall be to facilitate the provision of municipal services and facilities, the collection of taxes and fees, and the negotiation of intergovernmental agreements in preparation of the establishment of the new municipality. The interim representatives shall not have the ability to enter into any binding agreements, to expend public funds, or to incur any liability on behalf of the new municipality. Any person who is serving as or has served as an interim representative shall be ineligible to qualify for election as a member of the initial governing authority of the new municipality.
36-31-9. When a new municipal corporation is chartered by local Act, the chartering local Act may provide for the initial terms of office of members of the governing authority to be of any length or lengths; and the provisions of this Code section shall control over any conflicting provisions of Code Sections 21-2-541.1 and 21-2-541.2.
36-31-10. The General Assembly may, in connection with the incorporation of a new municipal corporation, at any time (before, after, or contemporaneously with the passage of the chartering Act) appropriate to the Department of Community Affairs funds for grants or loans or both to a specific existing or proposed municipal corporation. When funds are so appropriated, the department shall make grants as specified by recipient, amount, and purpose and loans as specified by recipient, amount, interest rate, term, and purpose

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in the appropriation unless the chartering Act fails to secure passage or otherwise fails to become effective.
36-31-11. When a municipal corporation is chartered by local Act within a county which has a special district for the provision of local government services consisting of the unincorporated area of the county, the territory within the new municipal corporation shall be removed from the special district except to the extent otherwise provided by Code Section 36-31-8 during a transition period and except that the county may continue to levy within such territory any previously imposed tax for the purpose of retiring any special district debt until such time as such debt is retired.
36-31-12. (a) This Code section shall apply only when:
(1) A municipal corporation is chartered by local Act within a county which has a special district for the provision of local government services consisting of the unincorporated area of the county; and (2) The population of the unincorporated area of the county will, after removal of the population of the new municipality from the unincorporated area, constitute less than 20 percent of the population of the county according to the most recent decennial census. (b) When a municipal corporation is chartered by local Act within a county subject to this Code section, the county shall for the fiscal year in which the municipal corporation is chartered and for each of the next two fiscal years have included in its annual audit detailed findings as to: (1) The amount of any special district taxes, assessments, and fees collected in the special district consisting of the unincorporated area of the county which shall be reported as the 'actual special district tax, assessment, and fee collections'; (2) The amount of proceeds collected by the county pursuant to any tax under Article 2 of Chapter 8 of Title 48 which would be allocated to the unincorporated area of the county if the unincorporated area received an allocation equal on a per capita basis to the average per capita allocation to the cities in the county which shall be reported as the 'deemed allocation of local option sales tax proceeds'; (3) The total amount of expenditures by the county for:
(A) The provision of services within the special district consisting of the unincorporated area of the county, including only those services which are provided by the county only in that special district; and (B) The construction and maintenance of facilities for the provision of services referred to in subparagraph (A) of this paragraph; and (4) The amount by which expenditures stated in paragraph (3) of this subsection exceed or are less than the total of the amounts stated in paragraphs (1) and (2) of this subsection. (c) The party performing the audit required by subsection (b) of this Code section shall

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prepare as promptly as is practicable a brief informational summary of the audit findings required by this Code section; and after each years summary becomes available, a copy of the summary shall be included with the next ad valorem tax bills mailed by the county to residents of the special district consisting of the unincorporated area of the county. (d) When a municipal corporation is chartered by local Act within a county subject to this Code section, the fees, assessments, and taxes, if any, imposed only within the special district shall not be increased during the calendar year in which the municipal corporation is chartered and shall not be increased at any time during the next two calendar years. During such time period, no new special district shall be created within the unincorporated area of the county to evade the purposes of this prohibition.
SECTION 4. Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to joint county and municipal local option sales tax, is amended by inserting a new subsection (f) at the end of Code Section 48-8-89.1, relating to distribution of the tax upon creation of a new municipal corporation in certain counties, to read as follows:
(f)(1) This subsection shall apply only to newly created municipalities when the municipal corporation created by local Act meets or is subject to the description specified in subsection (a) of Code Section 36-31-12. (2) Notwithstanding any other provision of this Code section, if there exists within any special district in which the tax authorized by this article is imposed a qualified municipality which was not a qualified municipality on the date of filing with the commissioner of the most recently filed certificate under Code Section 48-8-89, such qualified municipality may request the commissioner to give notice of the qualified municipalitys existence and status as a qualified municipality as provided in this subsection. Upon receipt of such a request, the commissioner shall, unless he or she determines that the requesting entity is not a qualified municipality, within 30 days give written notice of the qualified municipalitys existence and status to the county which is conterminous with the special district in which the qualified municipality is located and to each other qualified municipality within the special district. Such written notice shall include the name of the new qualified municipality, the effective date of the notice, and a statement of the provisions of this subsection. (3) Within 60 days after the effective date of the notice referred to in paragraph (2) of this subsection, a new distribution certificate shall be filed with the commissioner for the special district. This distribution certificate shall address only the proceeds of the tax available for distribution from the percentage allocated to the county in the current distribution certificate and shall specify as a percentage of the total proceeds of the tax what portion of the proceeds shall be received by the county in which the special district is located and by the new qualified municipality. (4) Except as otherwise provided in this paragraph, a distribution certificate required by this subsection must be executed by the governing authorities of the county within which the special district is located and each new qualified municipality located

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wholly or partially within the special district. If a new certificate is not filed within 60 days as required by paragraph (3) of this subsection, the commissioner shall distribute the proceeds of the tax available for distribution from the percentage allocated to the county in the current distribution certificate such that the new qualified municipality receives an allocation equal on a per capita basis to the average per capita allocation to the other qualified municipalities in the county (according to population), to be expended as provided in paragraph (2) of subsection (a) of Code Section 48-8-89. Every other qualified municipality shall continue to receive the share provided by the existing distribution certificate or otherwise provided by law. The county shall receive the remaining proceeds of the tax, to be expended as provided in paragraph (2) of subsection (a) of Code Section 48-8-89. For the purpose of determining the population of new qualified municipalities, only that portion of the population of each such municipality which is located within the special district shall be computed. For the purpose of determining population under this Code section, all calculations of population shall be according to the most recent decennial census. (5) The commissioner shall begin to distribute the proceeds as specified in the certificate applicable to the county and the new qualified municipality or, if such a certificate is not filed, as specified in paragraph (4) of this subsection on the first day of the first month which begins more than 60 days after the effective date of the notice referred to in paragraph (2) of this subsection. The commissioner shall continue to distribute the proceeds of the tax according to the existing certificate and the certificate applicable to the county and the new qualified municipality or, if such a certificate is not filed, as specified in paragraph (4) of this subsection until a subsequent certificate is filed and becomes effective as provided in Code Section 488-89.
SECTION 5. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall apply with respect to any local Act enacted at the 2005 regular session of the General Assembly or any future session.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

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Senators Hill of the 32nd, Moody of the 56th and Shafer of the 48th offered the following amendment #1:
Amend the Senate State and Local Government Operations Committee substitute to HB 36 by inserting before the semicolon on line 3 of page 1 the following: for a certain period of time .
By inserting between Sections 1 and 2 a new Section 1.1 to read as follows:
SECTION 1.1. Said Chapter 31 of Title 36 is further amended by striking Code Section 36-31-3, relating to population standards for incorporation, and inserting in its place a new Code section to read as follows:
'36-31-3. (a) To be eligible for original incorporation as a municipal corporation, the minimum population standards of the area embraced within the proposed municipal boundary shall be as follows:
(1) A total resident population of at least 200 persons; and (2) An average resident population of at least 200 persons per square mile for the total area. (b) 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.'
By striking Section 6 and inserting in its place a new Section 6 to read as follows:
SECTION 6. (a) Except as otherwise provided in this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply with respect to any local Act enacted at the 2005 regular session of the General Assembly or any future session. (b) Section 1.1 of this Act, amending Code Section 36-31-3, shall become effective

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December 31, 2007, and shall apply with respect to any local Act enacted after that date.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Adelman Balfour
Y Brown Y Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath Y Henson

Hill,Jack Y Hill,Judson Y Hooks Y Hudgens N Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed Y Rogers Y Schaefer Y Seabaugh
Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 49, nays 3, and the Hill of the 32nd et al. amendment #1 to the committee substitute was adopted.

Senators Fort of the 39th and Tate of the 38th offered the following amendment #2:

Amend the Senate State and Local Governmental Operations Committee substitute to HB 36 by striking all of paragraph (4) on lines 4 through 21 of page 8 and inserting in lieu thereof the following:
(4) Except as otherwise provided in this paragraph, a distribution certificate required by this subsection must be executed by the governing authorities of the county within which the special district is located and each new qualified municipality located wholly or partially within the special district. If a new certificate is not filed within 60 days as required by paragraph (3) of this subsection, the commissioner shall distribute the proceeds of the tax according to a formula determined as follows:
(A) Allocate to the new qualified municipality a hypothetical allocation of the proceeds equal on a per capita basis to the average per capita allocation to the other qualified municipalities in the county (according to population), thereby producing a total allocation to all local governments in excess of 100 percent; and

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(B) Reduce on a pro rata basis (according to percentage of tax proceeds): (i) The allocation to the county; (ii) The hypothetical allocation to the new qualified municipality; and (iii) The allocation to each other qualified municipality
so that the total allocation to all local governments is equal to 100 percent. For the purpose of determining the population of new qualified municipalities, only that portion of the population of each such municipality which is located within the special district shall be computed. For the purpose of determining population under this Code section, all calculations of population shall be according to the most recent decennial census.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp N Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell N Reed N Rogers N Schaefer N Seabaugh
Seay N Shafer,D

N Smith E Starr N Staton N Stephens Y Stoner Y Tate N Thomas,D Y Thomas,R Y Thompson,C N Thompson,S N Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles N Williams N Zamarripa

On the adoption of the amendment, the yeas were 16, nays 37, and the Fort, Tate amendment #2 to the committee substitute was lost.

Senators Fort of the 39th and Tate of the 38th offered the following amendment #3:

Amend the Senate State and Local Governmental Operations Committee substitute to HB 36 by striking on line 3 of page 1 the following:
to eliminate certain minimum distance requirements; .

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By striking all matter on lines 6 through 18 of page 2 and inserting in lieu thereof the following:
(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.

By inserting between lines 23 and 24 of page 2 the designation "36-31-2.1".

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

Hill,Jack N Hill,Judson Y Hooks N Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh
Seay N Shafer,D

N Smith E Starr N Staton N Stephens Y Stoner Y Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles N Williams Y Zamarripa

On the adoption of the amendment, the yeas were 20, nays 33, and the Fort, Tate amendment #3 to the committee substitute was lost.

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Senators Tate of the 38th and Fort of the 39th offered the following amendment #4:

Amend the Senate State and Local Governmental Operations committee substitute to HB 36 by inserting after the semicolon on line 7 of page 1 the following:
to provide for referendum approval of new incorporations; .

By inserting between lines 18 and 19 of page 3 the following: 36-31-6.1. (a) Any local Act chartering a new municipal corporation must include a provision that it will become effective only if it is approved by the voters of the county in which the new municipal corporation will be located at a special election to be held for that purpose. In the case of a new municipal corporation to be located in more than one county, the concurrent approval of the voters of each affected county shall be required. (b) In addition to the voter approval required under subsection (a) of this Code section, such a local Act may, but shall not be required to, provide that it must receive concurrent approval by the voters of the territory which will be incorporated as the new municipal corporation.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Adelman N Balfour Y Brown N Bulloch Y Butler N Cagle N Carter N Chance N Chapman N Douglas Y Fort N Goggans Y Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

Hill,Jack N Hill,Judson N Hooks N Hudgens Y Johnson Y Jones N Kemp Y Me V Bremen Y Miles N Moody N Mullis N Pearson Y Powell Y Reed N Rogers N Schaefer N Seabaugh
Seay N Shafer,D

N Smith E Starr N Staton N Stephens Y Stoner Y Tate N Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S N Tolleson N Unterman Y Walker N Weber N Whitehead N Wiles Y Williams Y Zamarripa

On the adoption of the amendment, the yeas were 21, nays 32, and the Fort, Tate amendment #4 to the committee substitute was lost.

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On the adoption of the substitute, the yeas were 48, 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:

Y Adelman Y Balfour N Brown Y Bulloch N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas N Fort Y Goggans Y Golden Y Grant Y Hamrick N Harbison Y Harp Y Heath N Henson

Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson N Powell N Reed Y Rogers Y Schaefer Y Seabaugh
Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner N Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman N Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 43, nays 10.

HB 36, having received the requisite constitutional majority, was passed by substitute.

The following resolution was taken up to consider House action thereto:

SR 54. By Senators Tolleson of the 20th, Harp of the 29th, Starr of the 44th, Bulloch of the 11th and Hudgens of the 47th:

A RESOLUTION creating the Joint "Future of Georgia Forestry" Study Committee; and for other purposes.

The House amendment was as follows:

Amend SR 54 by striking "House Committee on Assignments," on line 14 of page 2 and

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inserting "Speaker of the House of Representatives," in lieu thereof.

By striking "House Committee on Assignments" on line 21 of page 2 and inserting "Speaker of the House of Representatives" in lieu thereof.

Senator Tolleson of the 20th moved that the Senate agree to the House amendment to SR 54.

On the motion, a roll call was taken and the vote was as follows:

Y Adelman Y Balfour
Brown Y Bulloch
Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort Y Goggans Y Golden
Grant Y Hamrick N Harbison Y Harp Y Heath Y Henson

Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson Jones Y Kemp Y Me V Bremen Y Miles Moody Y Mullis Y Pearson Y Powell Reed Y Rogers Y Schaefer Y Seabaugh Seay Y Shafer,D

Y Smith E Starr Y Staton Y Stephens Y Stoner
Tate Y Thomas,D N Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman
Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the motion, the yeas were 42, nays 2; the motion prevailed, and the Senate agreed to the House amendment to SR 54.
Serving as doctor of the day was Dr. Jack Menendez.
Senator Stephens of the 27th moved that the Senate adjourn until 10:00 a.m. Tuesday, March 22, 2005.
The motion prevailed, and the President announced the Senate adjourned at 7:01 p.m.

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