JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
REGULAR SESSION 2005
VOLUME TWO
Commenced at Atlanta, Georgia, Monday, January 10, 2005 and adjourned March 31, 2005
Printed on Recycled Paper
1

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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Senate Chamber, Atlanta, Georgia Tuesday, March 22, 2005
Thirty-sixth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.
Senator Pearson of the 51st 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 817.

By Representative Burns of the 157th:
A BILL to be entitled an Act to amend an Act to provide for the election of the members of the board of education of Screven County, approved April 1, 2002 (Ga. L. 2002, p. 3659), so as to provide that the members of the board of education shall be elected in nonpartisan elections; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 818.

By Representatives Dickson of the 6th, Williams of the 4th and Forster of the 3rd:
A BILL to be entitled an Act to create the Dalton-Whitfield Economic Development 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 economic development in Dalton and Whitfield County, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the membership of the authority and their terms of office, compensation, and qualifications; to

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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.

HB 819.

By Representative Ralston of the 7th:
A BILL to be entitled an Act to provide for a homestead exemption from Gilmer County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for certain residents of that school district who are 70 years of age or older; 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 820.

By Representative Ralston of the 7th:
A BILL to be entitled an Act to provide for a homestead exemption from certain Gilmer 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 822.

By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act establishing a board of education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended, particularly by an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 755), so as to provide that the members of the board of education shall be elected in nonpartisan elections; to provide for related matters; to provide for preclearance of this Act pursuant to the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

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HB 823. SB 15. SB 41. SB 52. SB 68.

By Representative Morris of the 155th:
A BILL to be entitled an Act to amend an Act providing for the election of the members of the Treutlen County Board of Education, approved March 23, 1972 (Ga. L. 1972, p. 2340), as amended, particularly by an Act approved March 29, 1994 (Ga. L. 1994, p. 4414), so as to provide for the compensation of the members of the Treutlen County Board of Education; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Senators Thompson of the 5th, Shafer of the 48th, Unterman of the 45th and Butler of the 55th:
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.
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.
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.
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

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1897

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.

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.

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.

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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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.

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.

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 10-4-114.1, 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 House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate:

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

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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.

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 House has passed, as amended, by the requisite constitutional majority the following Bill of the Senate:

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 House has agreed to the Senate substitute to the following Bill 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

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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.
The following Senate legislation was introduced, read the first time and referred to committee:
SB 362. By Senator Douglas of the 17th:
A BILL to be entitled an Act to provide for an alternative 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 among the Newton County School District and the City of Social Circle School District; to provide for automatic repeal; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SB 363. By Senator Smith of the 52nd:
A BILL to be entitled an Act to provide that future elections for the office of judge of the Probate Court of Floyd 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 364. By Senator Shafer of the 48th:
A BILL to be entitled an Act to create the office of county manager of Gwinnett County; to provide a short title; to authorize the Board of Commissioners of Gwinnett County to establish the qualifications, method of selection, and related matters for such office; to establish the responsibilities and duties of such office; to provide for appointment, removal, and fixing the compensation of officers and employees of Gwinnett County; to require a bond and oath; to prohibit certain political activity; to amend an Act creating the

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Board of Commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4658); to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SR 494. By Senators Starr of the 44th and Seay of the 34th:
A RESOLUTION creating a local commission to study the possibility of restructuring the Clayton County government; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
SR 497. By Senators Stephens of the 27th, Wiles of the 37th and Staton of the 18th:
A RESOLUTION creating the Senate Study Committee on Election Laws; and for other purposes.
Referred to the State and Local Governmental Operations (General) Committee .
SR 499. By Senator Tolleson of the 20th:
A RESOLUTION creating the Senate Coastal Georgia Sound Science Initiative Study Committee; and for other purposes.
Referred to the Natural Resources and the Environment Committee.
SR 503. By Senators Mullis of the 53rd, Williams of the 19th, Whitehead, Sr. of the 24th and Pearson of the 51st:
A RESOLUTION urging the Department of Transportation to proceed with the initiation in 2005 of a pilot performance based asset maintenance project for highway maintenance; and for other purposes.
Referred to the Transportation Committee.
The following House legislation was read the first time and referred to committee:
HB 817. By Representative Burns of the 157th:
A BILL to be entitled an Act to amend an Act to provide for the election of the members of the board of education of Screven County, approved April 1, 2002

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(Ga. L. 2002, p. 3659), so as to provide that the members of the board of education shall be elected in nonpartisan elections; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 818. By Representatives Dickson of the 6th, Williams of the 4th and Forster of the 3rd:
A BILL to be entitled an Act to create the Dalton-Whitfield Economic Development 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 economic development in Dalton and Whitfield County, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the membership 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.
HB 819. By Representative Ralston of the 7th:
A BILL to be entitled an Act to provide for a homestead exemption from Gilmer County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for certain residents of that school district who are 70 years of age or older; 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 820. By Representative Ralston of the 7th:
A BILL to be entitled an Act to provide for a homestead exemption from certain Gilmer 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

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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 822. By Representative Sims of the 169th:

A BILL to be entitled an Act to amend an Act establishing a board of education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended, particularly by an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 755), so as to provide that the members of the board of education shall be elected in nonpartisan elections; to provide for related matters; to provide for preclearance of this Act pursuant to 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 823. By Representative Morris of the 155th:

A BILL to be entitled an Act to amend an Act providing for the election of the members of the Treutlen County Board of Education, approved March 23, 1972 (Ga. L. 1972, p. 2340), as amended, particularly by an Act approved March 29, 1994 (Ga. L. 1994, p. 4414), so as to provide for the compensation of the members of the Treutlen County 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.

The following committee reports were read by the Secretary:

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 25 HB 553

Do Pass Do Pass

Respectfully submitted, Senator Harp of the 29th District, Chairman

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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 444 HB 470

Do Pass Do Pass by substitute

Respectfully submitted, Senator Seabaugh of the 28th District, Chairman

Mr. President:

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

HB 355 HB 373 HB 381

Do Pass Do Pass Do Pass

HB 460 HB 492

Do Pass Do Pass

Respectfully submitted, Senator Heath of the 31st 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:

HB 488

Pursuant to Senate Rule 2-1.10(b), referred by the Senate Rules Committee to the Senate Finance 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 186 HB 244

Do Pass by substitute Do Pass by substitute

HB 766 HB 767

Do Pass Do Pass

HB 262 HB 382 HB 449 HB 450 HB 616 HB 671 HB 706 HB 748 HB 752 HB 757

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

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HB 768 HB 769 HB 774 HB 786 HB 795 HB 798 SB 328 SB 354 SB 358 SB 359

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

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

The following Minority Report on HB 244 was filed with the Secretary:

Honorable Frank Eldridge, Jr. Secretary of the Senate 353 State Capitol Atlanta, GA 30334
Re: Minority Report
Dear Mr. Eldridge,

The State Senate Atlanta, GA 30034
March 21, 2005

Pursuant to Senate Rule 2-1.6 (a), Please accept this Minority Report regarding HB 244 to be included in the Senate Journal. The passage of this measure from the Senate State and Local Governmental Operations Committee is contrary to the public interest. The objections and/or proper amendments are attached to this report.

Senate rules allow for the engrossment of bills after the passage from the Committee preventing the duly elected representatives of over 3.3 million Georgians from representation during open debate on this legislation.

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A vote for engrossment and passage from the Committee should be considered as a vote against all amendments attached hereto. All 3 pages of attachments to this letter shall be considered part of this Minority Report.
Respectfully Submitted,
/s/ Emanuel Jones State Senator District 10
The Senate State and Local Government Committee has unfairly dealt with House Bill 244. Few would deny the great debate surrounding this bill, yet the Committee has refused to allow a true debate and discussion on this piece of legislation. A number of my fellow Senators believe that this bill violates the Voting Rights Act, disproportionately affects Hispanic and African American voters, and completely ignores the real issue of Absentee Ballot voter fraud. We must take far more time and consideration on this issue, and allow the input of the general public and experts in the field.
No specific reason was given for this legislation, except for the general accusation of voter fraud. However, not a single shred of evidence was presented showing that a large number of cases of voting fraud exists, nor was any empirical evidence provided to show that photo identification would substantially reduce any cases of voter fraud. A plethora of evidence exists proving that those most affected by a photo identification requirement would be the elderly, the poor, African Americans and Hispanics. Even Harry MacDougald, a Fulton County election official who provided favorable testimony to the bill, admitted that even one voter disenfranchised by this legislation would be too many. Furthermore, he stated that preventing voter disenfranchisement is equally as important as preventing voter fraud. Therefore, a legitimate argument can be made that HB 244 violates the voting rights act, yet the Committee failed to seriously take this argument into account. Indeed, the sponsor of the legislation, Representative Sue Burmeister, testified in the hearing that she did not believe Georgia needs the Voting Rights Act. More empirical and statistical evidence must be considered by this legislative body before this bill goes forward.
Nor did the Committee listen to those affected the most by this legislation: the general public. The NAACP, AARP, League of Women Voters and other mainstream, bipartisan organizations representing a large and diverse population of Georgia have come out against this legislation. With so many constituents in my district and throughout the state with very strong opinions on this legislation, the Committee and the bill's sponsors should have conducted numerous public hearings throughout the state to allow our citizens to speak on this bill. Moreover, greater time should have been given for the public to hear about and learn about this legislation, so that they could have attended this Committee hearing. In fact, this public hearing began hours after its 5 P.M. start time,

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and a number of our concerned citizens may have attempted to attend this hearing only to find it rescheduled without any public notice.

The office of the Secretary of State has strongly come out against this bill, finding the requirements of HB 244 far too onerous to a substantial number of citizens. A large number of voter registration offices throughout the state have also come out against this bill, as have quite a few Probate Judges. Representatives from both organizations repeatedly expressed concern that HB 244 offered no funding to alert voters of the change in requirements to vote. This is in sharp contrast to the recent change to electronic voting, where the legislation also provided full funding to repeatedly alert voters of the change in voting practices. It is rather odd that a change to electronic voting, which could also be explained to each voter when they arrive at their polling location, shall receive funding to notify the public. Yet a substantial change in voting requirements that cannot simply be corrected when a voter arrives at a polling place shall not receive a penny in funds to notify voters. The Committee instead chose to ignore the experience, wisdom and advice provided by the foremost experts in the field of Georgia elections, and instead chose to adopt a bill supported by a partisan bloc.

The largest cases of voter fraud involve absentee balloting and voter registration, yet this bill does nothing to correct this. Instead, this bill achieves something I thought impossible when I entered this esteemed chamber: it turns back the clock in Georgia, and begins a new era of Jim Crow in the 21st Century. This bill is illegal, irresponsible and indefensible, and this Committee failed to do its duty in properly examining this bill. I feel that this Committee should have instead suggested to do not pass this bill.

The Chairman of the State and Local Government Committee and its members have refused to allow a roll call vote on HB 244. The people of Georgia have the right to know the true feelings of their Senators on this important piece of legislation, and I have included my own recording of the vote. Senator Kasim Reed has verified this to be a fully truthful and accurate record of the vote.

Name

Attended

Yea

Nay

John Wiles Jeff Mullis Dan Weber James Whitehead Johnny Grant Renee Unterman Horacena Tate Kasim Reed Emanuel Jones

X

X

X

X

X

X

X

X

X

X

X

X

X

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I, Senator Kasim Reed find this to be a fully truthful and accurate record of the vote.

/s/ Kasim Reed

The following legislation was read the second time:

HB 5 HB 25 HB 50 HB 97 HB 170 HB 172 HB 186 HB 221

HB 244 HB 254 HB 341 HB 355 HB 364 HB 373 HB 381 HB 420

HB 431 HB 437 HB 444 HB 460 HB 470 HB 492 HB 501 HB 505

HB 509 HB 521 HB 530 HB 538 HB 553 HB 556 HB 557

HB 558 HB 559 HB 577 HB 613 HR 91 HR 94 HR 108

HR 166 HR 173 HR 201 HR 231 HR 239 HR 269 HR 295

Senator Carter of the 13th asked unanimous consent that Senator Seabaugh of the 28th be excused. The consent was granted, and Senator Seabaugh was excused.

Senator Kemp of the 46th asked unanimous consent that Senator Staton of the 18th be excused. The consent was granted, and Senator Staton was excused.

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

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.

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

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

Seay Shafer,D Smith Starr Stephens Stoner Tate Thomas,D Thomas,R Thompson,C Thompson,S Unterman Weber Whitehead

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Harbison Harp

Powell Rogers

Not answering were Senators:

Douglas (Excused) Seabaugh (Excused) Walker

Reed Staton (Excused) Williams

Wiles Zamarripa
Schaefer Tolleson (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

Schaefer

The members pledged allegiance to the flag.

Senator Butler of the 55th introduced the chaplain of the day, Pastor Keith Lawrence of Lithonia, Georgia, who offered scripture reading and prayer.

The following resolutions on a Consent Calendar for Privileged Resolutions were read and adopted:
SR 480. By Senator Douglas of the 17th:
A RESOLUTION commending Jess Ross Grogan; and for other purposes.
SR 484. By Senators Kemp of the 46th and Hudgens of the 47th:
A RESOLUTION recognizing and commending Ms. Shelby Lacy; and for other purposes.
SR 485. By Senator Grant of the 25th:
A RESOLUTION commending Sydney McRee; and for other purposes.
SR 486. By Senators Chapman of the 3rd and Goggans of the 7th:
A RESOLUTION expressing regret at the passing of Noah Herschel Stokes II; and for other purposes.

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SR 487. By Senator Shafer of the 48th:
A RESOLUTION recognizing and commending Northview High School, winner of the 2004 Class AAAAA Governor's Cup; and for other purposes.
SR 488. By Senator Goggans of the 7th:
A RESOLUTION recognizing and commending Jerrian Waters for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 489. By Senator Goggans of the 7th:
A RESOLUTION recognizing and commending Pam Brooks for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 490. By Senator Goggans of the 7th:
A RESOLUTION recognizing and commending Dee Treadwell for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 491. By Senator Goggans of the 7th:
A RESOLUTION recognizing and commending Michael Murray for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 492. By Senator Goggans of the 7th:
A RESOLUTION recognizing and commending Len Knowlton for outstanding contributions to public education in the State of Georgia; and for other purposes.
SR 493. By Senators Pearson of the 51st, Schaefer of the 50th, Cagle of the 49th, Kemp of the 46th and Rogers of the 21st:
A RESOLUTION honoring Major Leon Millholland; and for other purposes.

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SR 495. By Senators Johnson of the 1st and Thomas of the 2nd:
A RESOLUTION congratulating Erin Heidel and Dave Kartunen; and for other purposes.
SR 496. By Senators Wiles of the 37th, Hill of the 32nd, Rogers of the 21st, Thompson of the 33rd and Stoner of the 6th:
A RESOLUTION recognizing and commending Dr. Robert A. Lipson and WellStar Health System; and for other purposes.
SR 498. By Senator Tolleson of the 20th:
A RESOLUTION recognizing and commending Dr. Kathleen E. Toomey for excellence in the field of public health; and for other purposes.
SR 500. By Senators Miles of the 43rd, Butler of the 55th, Seay of the 34th, Jones of the 10th and Fort of the 39th:
A RESOLUTION congratulating and commending Eldrin Bell on the occasion of his ordination; and for other purposes.
SR 501. By Senator Fort of the 39th:
A RESOLUTION recognizing and commending the Georgia Department of Human Resources, Division of Public Health's Tuberculosis Program; and for other purposes.
SR 502. By Senators Miles of the 43rd, Butler of the 55th, Jones of the 10th and Adelman of the 42nd:
A RESOLUTION congratulating CrossRoadsNews; and for other purposes.
SR 504. By Senators Jones of the 10th, Butler of the 55th and Miles of the 43rd:
A RESOLUTION honoring Reverend Daniel L. Edwards, Jr., for his outstanding community service and spiritual leadership; and for other purposes.
SR 505. By Senator Zamarripa of the 36th:
A RESOLUTION honoring and commending the Henry W. Grady High School Mock Trial team; and for other purposes.

11

1912

JOURNAL OF THE SENATE

SR 506. By Senator Tolleson of the 20th:

A RESOLUTION commending the Macon Bears; and for other purposes.

SR 507. By Senators Thompson of the 33rd, Seabaugh of the 28th and Meyer von Bremen of the 12th:

A RESOLUTION recognizing and commending GBI forensic artist Marla Lawson for her outstanding service and dedication to Georgia's criminal justice community; and for other purposes.

SR 508. By Senators Thompson of the 33rd, Hill of the 32nd, Adelman of the 42nd and Butler of the 55th:

A RESOLUTION remembering and honoring the life of Mrs. Alexandra Maria Williams Winzeler; 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 22, 2005 Thirty-sixth Legislative Day

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

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

HB 382

Chapman of the 3rd MCINTOSH COUNTY

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.

HB 450 SB 358 SB 359

TUESDAY, MARCH 22, 2005

1913

Chapman of the 3rd MCINTOSH COUNTY
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.

Grant of the 25th BALDWIN COUNTY
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.

Grant of the 25th BALDWIN COUNTY
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.

12

1914 HB 774 HB 786
HB 795
HB 798

JOURNAL OF THE SENATE
Golden of the 8th VALDOSTA-LOWNDES COUNTY
A BILL To be entitled an Act to amend an Act establishing the Valdosta-Lowndes 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.
Rogers of the 21st CITY OF WOODSTOCK
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.
Whitehead of the 24th Hudgens of the 47th ELBERT COUNTY
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.
Schaefer of the 50th Pearson of the 51st WHITE COUNTY
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.

SB 328 SB 354

TUESDAY, MARCH 22, 2005

1915

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
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. (AMENDMENT)

Mullis of the 53rd DADE COUNTY
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.

13

1916 HB 262
HB 449
HB 616 HB 671

JOURNAL OF THE SENATE
Johnson of the 1st Thomas of the 2nd CITY OF SAVANNAH-CHATHAM COUNTY
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.
Chapman of the 3rd MCINTOSH COUNTY
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.
Goggans of the 7th ECHOLS COUNTY
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.
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

HB 706 HB 748 HB 752

TUESDAY, MARCH 22, 2005

1917

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.

Seay of the 34th Starr of the 44th CLAYTON COUNTY WATER AUTHORITY
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.

Schaefer of the 50th CITY OF TOCCOA
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.

Meyer von Bremen of the 12th CITY OF BACONTON-MITCHELL COUNTY
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.

14

1918 HB 757
HB 766 HB 767

JOURNAL OF THE SENATE
Meyer von Bremen of the 12th GEORGETOWN-QUITMAN COUNTY
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.
Meyer von Bremen of the 12th DOUGHERTY COUNTY
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.
Meyer von Bremen of the 12th DOUGHERTY COUNTY
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.

TUESDAY, MARCH 22, 2005

1919

HB 768

Meyer von Bremen of the 12th CITY OF ALBANY-DOUGHERTY COUNTY

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

Golden of the 8th VALDOSTA-LOWNDES COUNTY

A BILL to be entitled an Act to amend an Act establishing the Valdosta-Lowndes 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.

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

*SB 328:

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

Amend SB 328 by striking line 13 on page 1 and inserting in lieu thereof the following: a surcharge of .

By striking "fees and" on line 16 of page 1.

By striking "2008" and inserting in its place "2006" on line 17 of page 3.

On the adoption of the amendment, the yeas were 50, nays 0, and the 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:

15

1920
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
Hamrick Harbison Y Harp Y Heath Y Henson

JOURNAL OF THE SENATE

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 E 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 Y 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 50, nays 0.
The bills on the Local Consent Calendar, except SB 328, having received the requisite constitutional majority, were passed.
SB 328, having received the requisite constitutional majority, was passed as amended.
Senator Grant of the 25th asked unanimous consent that all Senate bills on today's Local Consent Calendar be immediately transmitted to the House.
The consent was granted and all Senate bills on today's Local Consent Calendar were immediately transmitted.
Senator Moody of the 56th introduced the doctor of the day, Dr. Paul Evans.
Senator Johnson of the 1st asked unanimous consent that Senate Rule 9-1.4(d) be suspended in order to allow recognition of the Governor's Cup winners.
Senator Moody of the 56th recognized Georgia High School Governor's Cup winners, commended by SR 475, SR 477, SR 482, SR 483 and SR 487, adopted previously.

HB 275 HB 312 SR 431 SR 353 HB 298 HB 366 HB 216 HB 201 HB 17 HB 643 HB 54 HB 200 HB 291

TUESDAY, MARCH 22, 2005

1921

SENATE RULES CALENDAR TUESDAY, MARCH 22, 2005 THIRTY-SIXTH LEGISLATIVE DAY
State employees; certain deferred compensation plans; transfer administration (I&L-21st) Cole-125th
State departments; revisions and transfer of powers and duties (Amendment)(FIN-49th) Freeman-140th
Security for State/County Buildings; create Senate study committee (Substitute)(PS&HS-13th)
Georgia Veterans; urging Congress to oppose current budget proposals (V&MA-4th)
Georgia Higher Education Assistance Corporation and Georgia Student Finance Authority; certain powers (Substitute)(H ED-46th) Hembree-67th
Indigents; legal defense; amend certain provisions (JUDY-21st) Murphy23rd
Pseudoephedrine sales; limitations and restrictions (Substitute) (JUDY53rd) Neal-1st
Veterinarians; boarders of animals; liens for treatment (AG&CA-11th) McCall-30th
Private detective and security businesses; license renewal; continuing education (RI&Util-32nd) Hill-21st
Long-Term Care Partnership Program; establish (H&HS-7th) Sheldon-105th
Septic tank waste; regulation and permitting; certain land disposal sites (NR&E-49th) Powell-29th
Subsequent Injury Trust Fund; reimbursement; dissolution (Substitute)(I&L-9th) Coan-101st
Insurance; amend Code Chapters 20A, 27, 29, and 30 (I&L-47th) Rogers-26th

16

1922 HB 327 HB 520 HR 142 HB 58 SR 376 HB 372 HB 1 HB 662 HB 211 HB 487 HB 389 HB 196 HB 404 HB 438 HB 390

JOURNAL OF THE SENATE
Workers' compensation; electronic documents; injuries; designation; computation (I&L-47th) Coan-101st
Employment security; amend certain provisions; Department of Labor; supplemental appropriation (Substitute)(I&L-47th) Coan-101st
Committee on the Implementation of Textile Agreements; request approval of safeguard petitions(ECD-53rd) Smith-131st
Working Against Recidivism Act; enact (Amendment) (SI&P-25th) Powell-29th
Senate Atlanta County Study Committee; create (Substitute) (SLGO(G)36th)
Georgia Education Authority; private schools lease public property; prohibit (ED&Y-56th) Coan-101st
Bona fide conservation use property; breach of covenant; exceptions (Substitute)(NR&E-11th) Royal-171st
Game and fish; three-day nonresident big game license and fee (NR&E-14th) Hanner-148th
Ad valorem tax; aircraft held in inventory; exclude (FIN-9th) Heard-104th
Sales tax exemption; electricity sales for crop irrigation; amend (Substitute)(FIN-49th) Roberts-154th
Income tax credits; certain businesses; less developed areas (FIN-49th) Roberts-154th
Common-sense Consumption Act; amend provisions (AG&CA-11th) Smith-113th
Unemployment due to military reassignment of spouse; allow benefits (V&MA-17th) Yates-73rd
Georgia War Veterans Nursing Homes; executive directors; appointment (V&MA-17th) Yates-73rd
State Commission on the Efficacy of the Certificate of Need Program; create (H&HS-37th) Scott-153rd

HB 347 HB 195 HB 394 HB 678 HB 367 HB 306 HB 608

TUESDAY, MARCH 22, 2005

1923

State crime laboratory; private contract laboratories; reports (JUDY-30th) Ralston-7th
Parental rights; petitions to terminate; change provisions (JUDY-17th) Fleming-117th
Disabled adults and elder persons; protective services; discharge and transfer from facilities (Substitute)(H&HS-45th) Walker-107th
Private schools; prayer at athletic events; public school participation (ED&Y-37th) Burkhalter-50th
Driver training and commercial driver training schools; licensing provisions (Substitute)(PS&HS-46th) Rice-51st
Sales tax; certain tangible property used by contractors; amend provisions (Amendment)(FIN-49th) Rice-51st
License to practice medicine; certain graduates; change licensure requirement (Substitute)(H&HS-52nd) Reece-27th
Respectfully submitted,
/s/ Balfour of the 9th, Chairman Senate Rules Committee

Senator Kemp of the 46th asked unanimous consent that Senator Hudgens of the 47th be excused. The consent was granted, and Senator Hudgens 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.
Senator Staton of the 18th asked unanimous consent that Senator Williams of the 19th be excused. The consent was granted, and Senator Williams was excused.
Senator Butler of the 55th asked unanimous consent that Senator Moody of the 56th be excused. The consent was granted, and Senator Moody was excused.
The following legislation was read the third time and put upon its passage:

17

1924

JOURNAL OF THE SENATE

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.

Senate Sponsor: Senator Rogers of the 21st.

Senator Thomas of the 2nd offered the following amendment:

Amend HB 275 by adding after `services.' on line 18 pg 1

Any employee desiring not to participate in this plan shall be given the option of opting out.

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 E Douglas Y Fort N Goggans
Golden N Grant N Hamrick Y Harbison N Harp N Heath Y Henson

Y Hill,Jack N Hill,Judson Y Hooks E Hudgens N Johnson Y Jones N Kemp Y Me V Bremen Y Miles E Moody N Mullis N Pearson Y Powell
Reed N Rogers
Schaefer 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
Thompson,C Y Thompson,S N Tolleson N Unterman
Walker N Weber N Whitehead N Wiles E Williams Y Zamarripa

TUESDAY, MARCH 22, 2005

1925

On the adoption of the amendment, the yeas were 20, nays 27, and the Thomas of the 2nd amendment was lost.

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

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

Y Adelman Y Balfour N Brown Y Bulloch N Butler Y 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 E 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 Y Seay Y Shafer,D

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

On the passage of the bill, the yeas were 44, nays 7.

HB 275, having received the requisite constitutional majority, was passed.

Senator Wiles of the 37th recognized Dr. Robert A. Lipson and Wellstar Health System, commended by SR 496, 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 Heath of the 31st asked unanimous consent that Senator Hill of the 32nd be excused. The consent was granted, and Senator Hill was excused.

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.

18

1926

JOURNAL OF THE SENATE

The Calendar was resumed.

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.

Senate Sponsor: Senator Cagle of the 49th.

The Senate Finance Committee offered the following amendment:

Amend HB 312 by striking lines 23, 24, and 25 of page 25 and inserting in their place the following:
'(c) Except as authorized by Article 3 of Chapter 5 of Title 50, the The department is prohibited from entering into any contract for the purchase of supplies, materials, and equipment, except as authorized by Article 3 of Chapter 5 of Title 50 or services, except those services ancillary to the construction and maintenance of a public road.'

On the adoption of the amendment, the yeas were 33, 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 Y Brown Y Bulloch

Y Hill,Jack E Hill,Judson Y Hooks Y Hudgens

Y Smith Y Starr Y Staton Y Stephens

TUESDAY, MARCH 22, 2005

1927

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

E Johnson N 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

E 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 E Williams Y Zamarripa

On the passage of the bill, the yeas were 43, nays 6.

HB 312, having received the requisite constitutional majority, was passed as amended.

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

Mr. President:

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

HB 828.

By Representatives Fleming of the 117th, Harbin of the 118th and Burmeister of the 119th:

A BILL to be entitled an Act to make provisions for the Magistrate Court of Columbia County; to provide for qualifications for the office of chief magistrate and magistrate; to provide for exceptions; to provide for an effective date; to repeal conflicting laws; and for other purposes.

HB 829. By Representative Jamieson of the 28th:

A BILL to be entitled an Act to amend an Act providing for a new charter for the Town of Martin, approved March 18, 1980 (Ga. L. 1980, p. 3215), as amended, so as to repeal term limitations for the mayor and the members of the city council; to repeal conflicting laws; and for other purposes.

19

1928

JOURNAL OF THE SENATE

HB 830.
HB 835. HB 836. HB 837.

By Representative Ray of the 136th:
A BILL to be entitled an Act to create a board of elections and registration for Crawford 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 personnel, including a chief election official, and compensation; to provide for the boards performance of certain functions and duties for certain municipalities; 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 provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Brown of the 69th and Smith of the 70th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Heard County, approved April 4, 1991 (Ga. L. 1991, p. 3976), as amended, particularly by an Act approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 479), so as to provide for the election of members of the board of commissioners and the county chairman 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.
By Representative Bridges of the 10th:
A BILL to be entitled an Act to amend an Act providing for the election of the members of the board of education of Habersham County, approved March 5, 1976 (Ga. L. 1976, p. 2708), as amended, so as to provide for the compensation of the members of such board; to provide for the automatic repeal of this Act; to repeal conflicting laws; and for other purposes.
By Representative Jamieson of the 28th:
A BILL to be entitled an Act to create the Stephens County School Building 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, charges, and earnings of the authority, contract payments to the authority, and other moneys pledged therefor and to authorize the collection and

TUESDAY, MARCH 22, 2005

1929

pledging of the revenues, tolls, fees, 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 fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to repeal conflicting laws; and for other purposes.

HB 838.

By Representative Jamieson of the 28th:
A BILL to be entitled an Act to amend an Act creating the Banks County Family Connection Commission, approved April 13, 2001 (Ga. L. 2001, p. 4134), so as to change the membership of the commission; to change certain provisions requiring an oath of office; to repeal conflicting laws; and for other purposes.

HB 839.

By Representatives Fleming of the 117th, Harbin of the 118th and Burmeister of the 119th:
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.

HB 840.

By Representatives Setzler of the 35th, Tumlin of the 38th, Teilhet of the 40th, Cooper of the 41st, 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 30, 2003 (Ga. L. 2003, p. 4373), so as to change the provisions relating to the corporate limits of said city; to repeal conflicting laws; and for other purposes.

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HB 844. By Representative Coleman of the 144th:

A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Dodge County, approved March 6, 1996 (Ga. L. 1996, p. 3507), as amended, so as to reapportion the education districts for election of the members of said board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 845. By Representatives 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.

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.

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.

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

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

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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.

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

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.

Senator Chance of the 16th asked unanimous consent that Senator Whitehead of the 24th be excused. The consent was granted, and Senator Whitehead was excused.

The Calendar was resumed.

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.

The Senate Public Safety and Homeland Security Committee offered the following substitute to SR 431:

A RESOLUTION

Creating the Senate Study Committee on Security for State and County Buildings; and for other purposes.

WHEREAS, Superior Court Judge Rowland Barnes, a court reporter, and a deputy sheriff were murdered and another deputy was shot at the Fulton County courthouse in downtown Atlanta on March 11, 2005; and

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WHEREAS, the husband and mother of a judge in another city were recently murdered; and
WHEREAS, these deaths and injuries are only part of an apparent increase in violence against public officials; and
WHEREAS, new technology may be available to increase security at buildings that are open to the public; and
WHEREAS, it is imperative that the government provide adequate security to protect members of the public and public officials conducting official business at state and county buildings.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate Study Committee on Security for State and County Buildings to be composed of seven members of the Senate to be appointed by the Senate Committee on Assignments. The Senate Committee on Assignments shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee shall seek the advice and opinions of public building security experts and state and local officials. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than 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 Senate. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2005. The committee shall stand abolished on December 31, 2005.
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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1933

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

Y Hill,Jack E Hill,Judson Y Hooks Y Hudgens E 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 Y Starr Y Staton Y 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 E Whitehead Y Wiles E Williams
Zamarripa

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

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

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.

SR 353. By Senators Hill of the 4th and Douglas of the 17th:

A RESOLUTION urging Congress to oppose current budget proposals which would be damaging to Georgia veterans who depend on the state veterans homes; 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 Hill,Jack E Hill,Judson Y Hooks Y Hudgens

Y Smith Y Starr Y Staton Y Stephens

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

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

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 E Williams E Zamarripa

On the adoption of the resolution, the yeas were 48, nays 0.

SR 353, having received the requisite constitutional majority, was adopted.

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.

Senate Sponsor: Senator Kemp of the 46th.

The Senate Higher Education Committee offered the following substitute to HB 298:

A BILL TO BE ENTITLED AN ACT

To amend provisions of the Official Code of Georgia Annotated relating to education; to

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1935

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 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, accountability of members, and assignment; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, grants, and loans, is amended by striking subparagraph (JJ) of paragraph (1) of Code Section 20-3-266, relating to powers and duties of the Georgia Higher Education Assistance Corporation, and inserting in lieu thereof a new subparagraph (JJ) to read as follows:
(JJ) To do any and all things necessary, desirable, convenient, or incidental for the accomplishment of the objectives of this chapter and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the public purposes of the corporation or the Constitution and laws of this state, including, but not limited to:
(i) The power to retain accounting and other financial services; (ii) The power to purchase all kinds of insurance, including, without limitation, insurance against tort liability and against risks of damage to property; (iii) The power to indemnify and hold harmless any parties contracting with the corporation or its agents from damage to persons or property; and (iv) The power to act as a self-insurer with respect to any loss or liability and to create insurance reserves; .
SECTION 2. Said article is further amended by striking subparagraph (W) of paragraph (1) of Code Section 20-3-316, relating to the powers and duties of the Georgia Student Finance Authority, and inserting in lieu thereof a new subparagraph (W) to read as follows:
(W) To do any and all things necessary, desirable, convenient, or incidental for the accomplishment of the objectives of this chapter and to exercise any power usually possessed by private corporations performing similar functions which is not in

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conflict with the public purposes of the authority or the Constitution and laws of this state, including, but not limited to:
(i) The power to retain accounting and other financial services; (ii) The power to purchase all kinds of insurance, including, without limitation, insurance against tort liability and against risks of damage to property; (iii) The power to indemnify and hold harmless any parties contracting with the authority or its agents from damage to persons or property; and (iv) The power to act as a self-insurer with respect to any loss or liability and to create insurance reserves; and .
SECTION 3. Said article is further amended by striking subsection (a) of Code Section 20-3-344, relating to issuance of bonds and notes of authority, and inserting in lieu thereof a new subsection (a) to read as follows:
(a) The authority is authorized to provide for the issuance of bonds of the authority not to exceed $150 $300 million aggregate principal amount outstanding at any one time excluding bonds issued to refund outstanding bonds of the authority to carry out and effectuate its purposes and powers under this subpart. In anticipation of the issuance of such bonds, the authority also is authorized to provide for the issuance of notes. Such bonds or notes may be issued at one time or from time to time, provided the aggregate principal amount of such bonds and notes outstanding at any one time shall not exceed the amount authorized by this subsection, excluding bonds or notes issued to refund outstanding bonds or notes of the authority. The principal of, premium, if any, and the interest on such bonds or notes shall be payable solely from the funds provided for in this subpart for such payment. Any such notes may be made payable from the proceeds of bonds or renewal notes, or in the event bond or renewal note proceeds are not available, such notes may be paid from revenues or assets available to the authority for this purpose under this subpart in accordance with resolutions or other agreements with holders of any outstanding bonds or other obligations of the authority. The bonds or notes of each issue shall be dated, shall bear interest at such rates, may be redeemable before maturity at the option of the authority at such price or prices as may be determined by the authority, and shall be under such other terms and conditions as may be determined by the authority. Notes shall mature at such time or times, not exceeding five years from their date or dates, and bonds shall mature at such time or times, not exceeding 40 years from their date or dates, as may be determined by the authority. The authority shall determine the form of such bonds or notes, including coupon form, registered form, registration as to principal only, or all of the foregoing forms, and shall determine the right of reconversion or interchange into other forms. The authority shall fix the denomination or denominations and the place or places of payment of principal and interest, which may be any bank or trust company within or outside the state. All such bonds shall be executed in the name of the authority by the chairperson and the secretary of authority and shall be sealed with the official seal of the authority or a facsimile thereof. Coupons shall be executed in the name of the authority by the

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1937

chairperson of the authority. The facsimile signature of either the chairperson or the secretary of the authority may be imprinted in lieu of the manual signature if the authority so directs and the facsimile of the chairpersons signature shall be used on coupons. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or notes or coupons attached thereto shall cease to be such officer before the delivery thereof, his or her signature or facsimile signature shall nevertheless be valid and sufficient for all purposes as if he or she had remained in office until such delivery. The authority may also provide for the authentication of the bonds or notes by a trustee or fiscal agent. Prior to the preparation of definitive bonds, the board of directors may issue interim receipts, interim certificates, or temporary bonds exchangeable for definitive bonds upon the issuance of the latter. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this part. Upon the approval of a resolution of the authority authorizing the sale of its bonds or notes, such bonds or notes may be sold in such manner, either at public or private sale, and for such price as the authority shall determine to be in the best interests of the authority and to effectuate best its purposes under this subpart.
SECTION 4. Said article is further amended by striking subsection (c) of Code Section 20-3-374, relating to service cancelable loan fund, and inserting in lieu thereof a new subsection (c) to read as follows:
(c) All students receiving loans under this Code section shall execute, prior to the disbursement of any loan proceeds to or for the benefit of that student, a promissory note containing the terms and conditions of the service repayment and cash repayments. Except as prohibited by federal or other state laws, individuals that fail to fulfill the terms and conditions of cash repayment may, without judicial action, be subject to garnishment of their pay, loss of a professional license, offset of lottery winnings, and offset of a state tax refund in accordance with rules and regulations promulgated by the authority not inconsistent with the provisions of this part.
SECTION 5. Said article is further amended by striking subsection (b) of Code Section 20-3-519.11, relating to Georgia Student Finance Commission, and inserting in lieu thereof a new subsection (b) to read as follows:
(b) Notwithstanding any provision of this part, the Georgia Student Finance Commission is authorized to promulgate rules and regulations restricting eligibility for the scholarships and grants described in this part or reducing the dollar amount of scholarships and grants described in this part in accordance with the provisions of Code Section 50-27-13. In addition to other remedies available at law and equity, the

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Georgia Student Finance Commission is authorized to enter into repayment agreements with students that owe refunds to the Georgia Student Finance Commission of any scholarship or grant described in this part. Except as prohibited by federal or other state laws, individuals that owe refunds and fail to enter into repayment agreements with the Georgia Student Finance Commission are, without judicial action, subject to garnishment of their pay, loss of a professional license, offset of lottery winnings, and offset of a state tax refund in accordance with rules and regulations promulgated by the Georgia Student Finance Commission not inconsistent with the provisions of this part. As used in this subsection, the term 'refund' shall mean scholarship and grant amounts paid to or on behalf of students subsequently, in accordance with rules and regulations promulgated by the Georgia Student Finance Commission, determined to be ineligible to receive such funds.
SECTION 6. Chapter 15 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Medical Center Authority, is amended by striking Code Section 20-15-3, relating to establishment of the authority, appointment of members, terms of office, vacancies, removal from office, compensation, authoritys existence, accountability of members, and assignment and inserting in lieu thereof the following:
20-15-3. (a) There is created a body corporate and politic to be known as the Georgia Medical Center Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation; and by that name, style, and title such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of this state. (b) The authority shall consist of 15 members. Eleven members shall be appointed by the Governor for staggered initial terms of office as follows: four members for two years, and seven members for three years. Two members shall be appointed by the Speaker of the House of Representatives to serve initial terms of office of two years and two members shall be appointed by the President of the Senate to serve initial terms of office of two years. The authority shall consist of seven members as follows:
(1) Those persons appointed to the authority prior to July 1, 2005, and serving for terms to expire in June, 2006, shall continue to serve for the remainder of the terms to which they were appointed;
(2)(A) In 2005 and quadrennially thereafter, the Governor shall appoint two members. (B) In 2006 and quadrennially thereafter, the Governor shall appoint three members; (3) In 2005 and quadrennially thereafter, the Senate Committee on Assignments shall appoint one member; and (4) In 2006 and quadrennially thereafter, the Speaker of the House of Representatives shall appoint one member. After their initial terms of office, members Except as otherwise provided by paragraph (1) of this subsection, members shall serve for terms of office of four years each. Members shall serve for the terms of office specified and until the appointment and

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1939

qualification of their respective successors. No person may be appointed as a member of the authority unless that person has been a resident of this state for at least two years and is at least 21 years of age. Any elected or appointed state, county, municipal, or school board official or employee, except members of the board of regents and officials and employees of the legislative or judicial branches of state government, are authorized to be appointed as members of the authority, and any person so appointed is authorized to serve as a member of the authority. (c) All successors shall be appointed in the same manner as original appointments. Members may be eligible for reappointment. 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. The authority shall elect its own officers. A majority of the membership of the authority constitutes shall constitute a quorum. No action shall be taken by the authority except in the presence of a quorum and upon approval of a majority of those members present. No vacancy on the authority shall impair the right of the quorum to exercise all rights and perform all duties of the authority. The authority shall otherwise provide for its own organization and conduct of business according to Roberts Rules of Order. (d) The Governor, after notice and opportunity for hearing, may remove from office any member of the authority for any of the following reasons:
(1) Inability or neglect to perform the duties required of members; (2) Failure to attend, without prior approval of the chairperson of the authority, four consecutive regularly scheduled meetings of the authority; (3) Incompetence; or (4) Dishonest conduct. (e) The members of the authority shall receive a daily expense allowance and reimbursement for transportation costs as provided for in Code Section 45-7-21; and the members of the authority shall not receive any other compensation for their services as such. (f) The authority shall have perpetual existence. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this chapter or impair the obligations of any contracts existing under this chapter. (g) The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all the books, together with the proper statement of the authoritys financial position, to the state auditor. (h) The authority is assigned to the Department of Community Affairs Economic Development for administrative purposes only.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 36, 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 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 Y 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
Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton Y Stephens E 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 E Williams E Zamarripa

On the passage of the bill, the yeas were 49, nays 1.

HB 298, having received the requisite constitutional majority, was passed by substitute.

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

Senate Sponsor: Senator Rogers of the 21st.

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1941

Senators Rogers of the 21st, Stephens of the 27th and Pearson of the 51st offered the following amendment #1:
Amend HB 366 by striking lines 5 and 6 on page 1 and inserting in lieu thereof the following:
the Georgia Public Defender Standards Council development of standards;
By deleting Section 2 and by redesignating Sections 3 through 5 as Sections 2 through 4, respectively.
Senator Rogers of the 21st asked unanimous consent that his amendment #1 be withdrawn. The consent was granted, and the amendment was withdrawn.

Senator Rogers of the 21st offered the following amendment #2:
Amend HB 366 by deleting lines 13-16 of page 3
On the adoption of the amendment, the yeas were 33, nays 3, and the Rogers 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
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 Y Jones Y Kemp Y Me V Bremen N 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 N 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 Y Seabaugh
Seay Y Shafer,D

Y Wiles Y Williams E Zamarripa

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

HB 366, having received the requisite constitutional majority, was passed as amended.

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.

Senate Sponsor: Senator Mullis of the 53rd.

The Senate Judiciary Committee offered the following substitute to HB 216:

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 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 substances; to provide for definitions; to authorize the State Board of Pharmacy to promulgate certain rules and regulations; to provide for licensing and permitting of persons who sell, transfer, purchase for resale, or otherwise furnish or possess certain chemicals; to require certain records to be maintained; to provide for exceptions; to provide for certain forfeitures; to provide for penalties; to provide for certain reports; to provide that it is illegal for a

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1943

person to possess any substance with the intent to use such substance in the manufacture of a Schedule I or Schedule II controlled substance or to knowingly convey such substance to another for use in the manufacture of a Schedule I or Schedule II controlled substance; to provide for certain considerations with regard to determining whether such substances were possessed illegally; to provide for exceptions; to provide for penalties; 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 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by adding a new subsection (b.1) to Code Section 16-13-30.3, relating to possession of substances containing ephedrine, pseudoephedrine, and phenylpropanolamine, to read as follows:
(b.1)(1) Products whose sole active ingredient is pseudoephedrine may be offered for retail sale only if sold in blister packaging. Such products may not be offered for retail sale by self-service, but only from behind a counter or other barrier so that such products are not directly accessible by the public but only by a retail store employee or agent. (2) No person shall deliver in any single over the counter sale more than three packages of any product containing pseudoephedrine as the sole active ingredient or in combination with other active ingredients or any number of packages that contain a combined total of more than nine grams of pseudoephedrine or its base, salts, optical isomers, or salts of its optical isomers. (3) It shall be unlawful for a retail distributor to purchase any product containing pseudoephedrine from any person or entity other than a manufacturer or a wholesaler licensed by the Georgia Board of Pharmacy. (4) This subsection shall not apply to:
(A) Pediatric products labeled pursuant to federal regulation as primarily intended for administration to children under 12 years of age according to label instructions; and (B) Products that the Georgia Board of Pharmacy, upon application of a manufacturer, exempts because the product is formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine or its salts or precursors. (5) This subsection shall preempt all local ordinances or regulations governing the retail sale of over the counter products containing pseudoephedrine by a retail business. (6)(A) Except as otherwise provided herein, it shall be unlawful for any person knowingly to violate any prohibition contained in paragraph (1), (2), or (3) of this subsection. (B) Any person convicted of a violation of paragraph (1) or (2) of this subsection

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shall be guilty of a misdemeanor which, upon the first conviction, shall be punished by a fine of not more than $500.00, and, upon the second or subsequent conviction, shall be punished by not more than six months imprisonment or a fine of not more than $1,000.00, or both. (C) Any person convicted of a violation of paragraph (3) of this subsection shall, upon the first conviction, be guilty of a misdemeanor and, upon the second or subsequent conviction, be guilty of a misdemeanor of a high and aggravated nature. (D) It shall be a defense to a prosecution of a retail business or owner or operator thereof for violation of paragraph (1) or (2) of this subsection that, at the time of the alleged violation, all of the employees of the retail business had completed training under Georgia Meth Watch, the retail business was in compliance with Georgia Meth Watch, and the defendant did not knowingly, willfully, or intentionally violate paragraph (1) or (2) of this subsection. For purposes of this subsection only, the term 'Georgia Meth Watch' shall mean that program entitled 'Georgia Meth Watch' or similar program which has been promulgated, approved, and distributed by the Georgia Council on Substance Abuse. (7) Except as otherwise provided in this subsection, the State Board of Pharmacy may adopt reasonable rules and regulations to effectuate the provisions of this subsection. The board is further authorized to charge reasonable fees to defray expenses incurred in maintaining any records or forms necessitated by this subsection or otherwise administering any other provisions of this subsection.
SECTION 2. Said chapter is further amended by adding a new Code Section 16-13-30.4 to read as follows:
16-13-30.4. (a) As used in this Code section and unless otherwise specified, the term 'board' or 'Board of Pharmacy' shall mean the Georgia State Board of Pharmacy.
(b)(1) A wholesaler who sells, transfers, purchases for resale, or otherwise furnishes any product containing pseudoephedrine must first obtain a license from the Board of Pharmacy. Such license shall be renewable biennially upon payment of the renewal fee prescribed by the board so long as such wholesaler continues to meet the licensing requirements of this Code section. (2) The content of the application for a license shall include, but not be limited to, the following information:
(A) Name of business; (B) Physical address and mailing address of business; (C) Telephone number of business; (D) Names and physical home addresses of business owners; (E) Location of all storage facilities used by the business for products whose sole active ingredient is pseudoephedrine; and (F) Criminal history of all business owners. (3) Every wholesaler licensed as provided in this Code section shall:

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1945

(A) Submit reports, upon verbal or written request from the Georgia Drugs and Narcotics Agency, the Georgia Bureau of Investigation, or the sheriff of a county or the police chief of a municipality located in this state, to account for all transactions with persons or firms located within this state; such reportable transactions shall include all sales, distribution, or transactions dealing with products containing pseudoephedrine; and (B) Within seven days, notify the Georgia Drugs and Narcotics Agency of any purchases of products containing pseudoephedrine from the wholesaler which the wholesaler judges to be excessive. (4) Whenever any firm or person located in this state receives, purchases, or otherwise gains access to products containing pseudoephedrine from any wholesaler, whether located in or outside this state, such firm or person shall maintain a copy of such wholesalers license issued by the Georgia State Board of Pharmacy. Such firm or person shall maintain copies of all invoices, receipts, and other records regarding such products containing pseudoephedrine for a minimum of three years from the date of receipt, purchase, or access. Failure to maintain records to verify the presence of any and all products containing pseudoephedrine being held by a firm or person shall subject such products containing pseudoephedrine to being embargoed or seized by proper law enforcement authorities until such time as proof can be shown that such products containing pseudoephedrine were obtained from a Georgia licensed wholesaler. (5) Agents of the Georgia Drugs and Narcotics Agency, agents of the Georgia Bureau of Investigation, and the sheriff of a county or the police chief of a county or municipality in this state in which a firm or person that receives, purchases, or otherwise gains access to products containing pseudoephedrine is located may request to review the receiving records for such products. Failure to provide such records within five business days following such request to account for the presence of such products shall result in the embargo or seizure of such products. (c) A license or permit obtained pursuant to this Code section shall be denied, suspended, or revoked by the Board of Pharmacy upon finding that the licensee or permit holder has: (1) Furnished false or fraudulent material information in any application filed under this Code section; (2) Been convicted of a crime under any state or federal law relating to any controlled substance; (3) Had his or her federal registration suspended or revoked to manufacture, distribute, or dispense controlled substances; (4) Violated the provisions of Chapter 4 of Title 26; or (5) Failed to maintain effective controls against the diversion of products containing pseudoephedrine to unauthorized persons or entities. (d) The Board of Pharmacy may adopt reasonable rules and regulations to effectuate the provisions of this Code section. The board is further authorized to charge reasonable fees to defray expenses incurred in issuing any licenses or permits,

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maintaining any records or forms required by this Code section, and the administration of the provisions of this Code section. (e) Notwithstanding any other provision of this Code section to the contrary, no person shall be required to obtain a license or permit for the sale, receipt, transfer, or possession of a product containing pseudoephedrine when:
(1) Such lawful distribution takes place in the usual course of business between agents or employees of a single regulated person or entity; or (2) A product containing pseudoephedrine is delivered to or by a common or contract carrier for carriage in the lawful and usual course of the business of the common or contract carrier or to or by a warehouseman for storage in the lawful and usual course of the business of the warehouseman. (f) All products containing pseudoephedrine that have been or that are intended to be sold, transferred, purchased for resale, possessed, or otherwise transferred in violation of a provision of this Code section shall be subject to forfeiture to the state and no property right shall exist in them. (g)(1) Any person who sells, transfers, receives, or possesses a product containing pseudoephedrine violates this Code section if the person:
(A) Knowingly fails to comply with the reporting requirements of this Code section; (B) Knowingly makes a false statement in a report or record required by this Code section or the rules adopted thereunder; or (C) Is required by this Code section to have a license or permit and knowingly or deliberately fails to obtain such a license or permit. (2) It shall be illegal for a person to possess, sell, transfer, or otherwise furnish a product containing pseudoephedrine if such person possesses, sells, transfers, or furnishes the substance with the knowledge or intent that the substance will be used in the unlawful manufacture of a controlled substance. (3)(A) A person who violates paragraph (2) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 15 years or by a fine not to exceed $100,000.00, or both. (B) A person who violates any provision of this Code Section other than paragraph (2) of this subsection shall be guilty of a misdemeanor on the first offense and a misdemeanor of a high and aggravated nature on the second and subsequent offenses.
SECTION 3. Said chapter is further amended by adding a new Code Section 16-13-30.5 to read as follows:
16-13-30.5. (a) It shall be illegal for a person to possess, whether acquired through theft or other means, any substance with the intent to:
(1) Use such substance in the manufacture of a Schedule I or Schedule II controlled substance; or

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1947

(2) Knowingly convey such substance to another for use in the manufacture of a Schedule I or Schedule II controlled substance. (b) In determining whether a particular substance is possessed with the intent required to violate subsection (a) of this Code section, the court or other authority making such a determination may, in addition to all other logically relevant factors, consider the following: (1) Statements by the owner or anyone in control of the substances concerning its use; (2) Prior convictions, if any, of the owner or of anyone in control of the substances for violation of any state or federal law relating to the sale or manufacture of controlled substances; (3) Instructions or descriptive materials of any kind accompanying the substance or found in the owners or controlling persons possession concerning, explaining, or depicting its use; (4) The manner in which the substance is displayed or offered for sale; (5) The quantity and location of the substance considered in relation to the existence and scope of legitimate uses for the substance in the community; and (6) Expert testimony concerning the substances use. (c) This Code section shall not apply where possession was by a person authorized by law to dispense, prescribe, manufacture, or possess the substance in question. (d) A person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than fifteen years or by a fine not to exceed $100,000.00, or both.
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.
Senators Mullis of the 53rd, Stephens of the 27th and Starr of the 44th offered the following amendment #1:
Amend the Senate Judiciary Committee substitute to HB 216 (LC 29 1867S) by striking "wholesaler" on line 7 on page 2, on line 25 on page 3, on line 33 on page 3, on line 36 on page 3, and on line 9 on page 4 and inserting in lieu thereof "wholesale distributor".
By striking lines 11 through 24 on page 3 and inserting in lieu thereof the following: (b)(1) A wholesale distributor who sells, transfers, purchases for resale, or otherwise furnishes any product containing pseudoephedrine must first obtain a license from the Board of Pharmacy; provided, however, that a wholesale distributor that has a valid license as a wholesale distributor under Code Section 26-4-113 shall not be required to obtain an additional license under this Code section.

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(2) Wholesale distributors licensed under Code Section 26-4-113 shall be subject to the provisions of this Code section in the same manner as wholesale distributors licensed under this Code section.
By striking "wholesalers" on line 2 on page 4 and inserting in lieu thereof "wholesale distributors".
On the adoption of the amendment, the yeas were 42, nays 0, and the Mullis et al. amendment #1 was adopted.
Senators Hamrick of the 30th and Mullis of the 53rd offered the following amendment #2:
Amend the Senate Judiciary Committee substitute to HB 216 by striking lines 15 and 16 of page 2 and inserting in lieu thereof the following:
(5) Until January 1, 2006, this subsection shall preempt all local ordinances or regulations governing the retail sale of over the counter products containing pseudoephedrine by a retail business except such local ordinances or regulations that existed on or before December 31, 2004.
Senator Hamrick of the 30th asked unanimous consent that his amendment #2 be withdrawn. The consent was granted, and the amendment was withdrawn.
Senators Hamrick of the 30th and Mullis of the 53rd offered the following amendment #3:
Amend the Senate Judiciary Committee substitute to HB 216 by striking lines 15 and 16 of page 2 and inserting in lieu thereof the following:
(5) This subsection shall preempt all local ordinances or regulations governing the retail sale of over the counter products containing pseudoephedrine by a retail business except such local ordinances or regulations that existed on or before December 31, 2004. Effective January 1, 2006 the subsection shall preempt all local ordinances.
On the adoption of the amendment, the yeas were 43, nays 3, and the Hamrick, Mullis amendment #3 was adopted.
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.

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1949

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 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

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 53, nays 0.

HB 216, having received the requisite constitutional majority, was passed by substitute.

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

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.

Senate Sponsor: Senator Bulloch of the 11th.

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
Cagle Y Carter Y Chance E 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
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
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 49, nays 0.

HB 201, having received the requisite constitutional majority, was passed.

Senator Johnson of the 1st asked unanimous consent that Senator Bulloch of the 11th be excused. The consent was granted, and Senator Bulloch was excused.

Senator Weber of the 40th asked unanimous consent that Senator Wiles of the 37th be excused. The consent was granted, and Senator Wiles was excused.

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

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1951

conditions, limitations, and waiver; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Hill of the 32nd.

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

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

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

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

On the passage of the bill, the yeas were 44, nays 1.

HB 17, having received the requisite constitutional majority, was passed.

Senator Brown of the 26th asked unanimous consent that Senator Thomas of the 2nd be excused. The consent was granted, and Senator Thomas 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.

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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 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.

Senate Sponsor: Senator Goggans of the 7th.

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

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
Reed Rogers Y Schaefer Y Seabaugh Y Seay Shafer,D

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

On the passage of the bill, the yeas were 39, nays 0.

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1953

HB 643, having received the requisite constitutional majority, was passed.

Senator Stephens of the 27th asked unanimous consent that Senator Goggans of the 7th be excused. The consent was granted, and Senator Goggans was excused.

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.

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

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 Seabaugh Y Seay Y Shafer,D

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

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

HB 54, having received the requisite constitutional majority, was passed.

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Senator Whitehead of the 24th asked unanimous consent that Senator Wiles of the 37th be excused. The consent was granted, and Senator Wiles 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 Stoner of the 6th asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused.
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 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.
Senate Sponsor: Senator Balfour of the 9th.
The Senate Insurance and Labor Committee offered the following substitute to HB 200:
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 December 31, 2006, for which a claim is made after December 31, 2006; to provide that the fund shall continue to reimburse self-insured employers and insurers for claims made prior to December 31, 2006; 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 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, is amended striking Code Section 34-9-368, relating to the dissolution of the Subsequent Injury Trust Fund, and inserting in lieu thereof the following:

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1955

34-9-368. (a) The Subsequent Injury Trust Fund shall not reimburse a self-insured employer or an insurer for a subsequent injury for which a claim is made for an injury occurring after June 30, 2008 December 31, 2006. The Subsequent Injury Trust Fund shall continue to reimburse self-insured employers or insurers for claims for injuries occurring on and prior to June 30, 2008 December 31, 2006, which qualify for reimbursement. (b) Self-insured employers and insurers shall continue to pay assessments pursuant to Code Section 34-9-358 to the extent necessary to fund claims for injuries occurring on and prior to June 30, 2008 December 31, 2006. (c) The Subsequent Injury Trust Fund is directed to complete an actuarial study not later than January 1, 2005. (d)(c) Upon or in contemplation of the final payment of all claims filed for subsequent injuries for which claims are filed for injuries occurring on and prior to June 30, 2008 December 31, 2006, the board of trustees shall adopt and implement resolutions providing for the final dissolution of the Subsequent Injury Trust Fund. Such resolutions shall become effective when all claims made for injuries occurring on and prior to June 30, 2008 December 31, 2006, have been fully paid or otherwise resolved and shall include provisions for:
(1) The termination of assessments against insurers or self-insurers; (2) The pro rata refund of assessments previously collected and unexpended; (3) The termination of employment of the employees of the fund or the transfer of employment of any employees to any other state agency desiring to accept them; (4) A final accounting of the financial affairs of the fund; and (5) The transfer of the books, records, and property of the fund to the custody of the State Board of Workers Compensation. Upon the completion of all matters provided for in such resolutions, but not later than December 31, 2020, the Subsequent Injury Trust Fund and the members of its board of trustees shall be discharged from their duties except for such personnel necessary to administer any remaining claims.
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 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.

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

Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
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 Starr
Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D E Thomas,R E Thompson,C Y Thompson,S E Tolleson Y Unterman Y Walker Y Weber Y Whitehead E Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 42, nays 0.

HB 200, having received the requisite constitutional majority, was passed by substitute.

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

HB 828. By Representatives Fleming of the 117th, Harbin of the 118th and Burmeister of the 119th:

A BILL to be entitled an Act to make provisions for the Magistrate Court of Columbia County; to provide for qualifications for the office of chief magistrate and magistrate; to provide for exceptions; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the State and Local Governmental Operations Committee.

HB 829. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to amend an Act providing for a new charter for the Town of Martin, approved March 18, 1980 (Ga. L. 1980, p. 3215), as

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1957

amended, so as to repeal term limitations for the mayor and the members of the city council; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 830. By Representative Ray of the 136th:
A BILL to be entitled an Act to create a board of elections and registration for Crawford 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 personnel, including a chief election official, and compensation; to provide for the boards performance of certain functions and duties for certain municipalities; 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 provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 835. By Representatives Brown of the 69th and Smith of the 70th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Heard County, approved April 4, 1991 (Ga. L. 1991, p. 3976), as amended, particularly by an Act approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 479), so as to provide for the election of members of the board of commissioners and the county chairman 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 836. By Representative Bridges of the 10th:
A BILL to be entitled an Act to amend an Act providing for the election of the members of the board of education of Habersham County, approved March 5, 1976 (Ga. L. 1976, p. 2708), as amended, so as to provide for the compensation of the members of such board; 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.

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HB 837. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to create the Stephens County School Building 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, charges, and earnings of the authority, contract payments to the authority, and other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, 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 fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; 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 838. By Representative Jamieson of the 28th:
A BILL to be entitled an Act to amend an Act creating the Banks County Family Connection Commission, approved April 13, 2001 (Ga. L. 2001, p. 4134), so as to change the membership of the commission; to change certain provisions requiring an oath of office; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 839. By Representatives Fleming of the 117th, Harbin of the 118th and Burmeister of the 119th:
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.
Referred to the State and Local Governmental Operations Committee.

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1959

HB 840. By Representatives Setzler of the 35th, Tumlin of the 38th, Teilhet of the 40th, Cooper of the 41st, 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 30, 2003 (Ga. L. 2003, p. 4373), so as to change the provisions relating to the corporate limits of said city; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 844. By Representative Coleman of the 144th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Dodge County, approved March 6, 1996 (Ga. L. 1996, p. 3507), as amended, so as to reapportion the education districts for election of the members of said board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
HB 845. By Representatives 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.
The Calendar was resumed.
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

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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.
Senate Sponsor: Senator Hudgens of the 47th.
Senators Shafer of the 48th, Hudgens of the 47th and Moody of the 56th offered the following amendment #1:
Amend HB 291 by striking lines 10 through 25 on page 5 and inserting in lieu thereof the following:
(c) It is the intent of the General Assembly to mitigate geographic discrimination in the delivery of health care by recognizing the application of and payment for covered medical care provided by means of telemedicine, provided that such services are provided by a physician or by another health care practitioner or professional acting within the scope of practice of such health care practitioner or professional and in accordance with the provisions of Code Section 43-34-31.1. (d) On and after July 1, 2005, every health benefit policy that is issued, amended, or renewed shall include payment for services that are covered under such health benefit policy and are appropriately provided through telemedicine in accordance with Code Section 43-34-31.1 and generally accepted health care practices and standards prevailing in the applicable professional community at the time the services were provided. The coverage required in this Code section may be subject to all terms and conditions of the applicable health benefit plan.'
On the adoption of the amendment, the yeas were 29, nays 0, and the Shafer et al. amendment #1 was adopted.
Senators Shafer of the 48th, Hudgens of the 47th and Moody of the 56th offered the following amendment #2:
Amend HB 291 by inserting after "deductibles;" on line 3 on page 1 "to authorize the Commissioner of Insurance to establish by rule or regulation a standard or uniform explanation of benefits form and remittance advice form relating to certain health insurance policies and contracts;".

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By inserting after line 23 on page 4 the following:
SECTION 3. Said title is further amended by striking Code Section 33-24-10.1, relating to standard or uniform claim form, and inserting in lieu thereof a new Code Section 33-24-10.1 to read as follows:
'33-24-10.1. (a) The Commissioner is authorized to establish by rule or regulation a standard or uniform claim form to be supplied by insurers on and after January 1, 1994, to their insureds for the purpose of filing claims under policies or contracts of accident and sickness insurance.
(b)(1) The Commissioner is authorized to establish by rule or regulation a standard or uniform explanation of benefits form and a standard or uniform remittance advice form to be supplied by an insurer or plan or any agent thereof to an insured, provider, beneficiary, claimant, or enrollee on and after July 1, 2005, for the purpose of paying or resolving claims filed under policies or contracts of accident and sickness insurance other than limited benefit insurance plans or policies. This authorization shall also apply to any explanation of benefits form and remittance advice form issued by a managed care plan as defined in Code Section 33-20A-3 or issued by the state health benefit plan or the board of regents health plan operated by the Department of Community Health pursuant to Code Section 31-5A-4. (2) For purposes of this Code section, "explanation of benefits" or "remittance advice" means any written or electronic communication from an insurer or plan or any agent thereof to an insured, provider, beneficiary, claimant, or enrollee which explains or attempts to explain the benefits paid or to be paid by the insurer, the plan, or other persons related to any claim submitted by or on behalf of the insured, provider, beneficiary, claimant, or enrollee. (3) Such rule or regulation shall, at a minimum, require the explanation of benefits form and the remittance advice form to be easily understood by a reasonable consumer and to contain:
(A) The amount of the claim to be paid by the insurer or plan; (B) The amount of the claim to be paid by any other person; (C) The amount of the claim for which the insured, beneficiary, claimant, or enrollee is personally responsible; and (D) Any additional information deemed by the Commissioner to be necessary to reduce confusion and promote the prompt payment and adjudication of claims. (c) The Commissioner shall file and maintain on file in the office of the Commissioner a true copy of the standard or uniform claim form and explanation of benefits form and remittance advice form designated as such and bearing the Commissioners authenticating signature and the date of filing.'
By redesignating Sections 3 through 16 as Sections 4 through 17, respectively.

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On the adoption of the amendment, the yeas were 32, nays 0, and the Shafer 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 Balfour
Y Brown E Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort E Goggans Y Golden Y Grant Y Hamrick
Harbison Y Harp Y Heath N 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

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

On the passage of the bill, the yeas were 45, nays 1.

HB 291, having received the requisite constitutional majority, was passed as amended.

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

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temporary total disability; to change the compensation for temporary partial disability; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Hudgens of the 47th.

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

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

Y Adelman Balfour
Y Brown E Bulloch Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas Y Fort E 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 Y Miles Y Moody Y Mullis Y Pearson
Powell Y Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,D

Y Smith Y Starr Y Staton
Stephens Y Stoner Y Tate Y Thomas,D E Thomas,R Y Thompson,C Y Thompson,S E 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 0.

HB 327, having received the requisite constitutional majority, was passed.

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

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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.
Senate Sponsor: Senator Hudgens of the 47th.
The Senate Insurance and Labor Committee offered the following substitute to HB 520:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to provide 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, pursuant to and in accordance with the provisions of Code Section 34-8-81, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85, relating to certain withdrawals from the Unemployment Trust Fund, of additional funds which are otherwise available to the Department of Labor out of funds credited to and held in this states account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended, for the purpose of providing for the payment of expenses of administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the "Employment Security Law," as amended, including personal services and operating and other expenses incurred in the administration of said law, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, technology, data, reports and studies, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the construction, maintenance, improvements, or repair of or alterations to such real or personal property; to authorize the Commissioner of Labor to direct the obligation and expenditure of said funds and to employ workers, contract with persons, public and private agencies, corporations, and other entities, and to do all other things necessary to accomplish such purposes; to provide for related matters; to provide an effective date; to

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repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by striking the word "or" at the end of paragraph (15) and by striking the period and inserting "; or" at the end of paragraph (16) of subsection (n) of Code Section 34-8-35, relating to employment, and inserting at the end of said subsection a new paragraph (17) to read as follows:
(17) Services performed for a common carrier of property by an individual consisting of the pickup, transportation, and delivery of property; provided that:
(A) The individual is free to accept or reject assignments from the common carrier; (B) Remuneration for the individual is on the basis of commissions or deliveries accomplished; (C) Such individual personally provides the vehicle used in the pickup, transportation, and delivery of the property; (D) Such individual has a written contract with the common carrier; (E) The written contract states expressly and prominently that the individual knows:
(i) Of the responsibility to pay estimated social security taxes and state and federal income taxes; (ii) That the social security tax the individual must pay is higher than the social security tax the individual would pay if he or she were an employee; and (iii) That the work is not covered by the unemployment compensation laws of Georgia; and (F) The written contract does not prohibit such individual from the pickup, transportation, or delivery of property for more than one common carrier or any other person or entity.
SECTION 2. Said chapter is further amended by striking in its entirety Code Section 34-8-151, relating to the rate of employer contributions, and inserting in lieu thereof the following:
34-8-151. (a) For periods prior to April 1, 1987, or after December 31, 2005 2011, each new or newly covered employer shall pay contributions at a rate of 2.7 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158 through 34-8-162. (b) For periods on or after April 1, 1987, but on or before December 31, 1999, each new or newly covered employer shall pay contributions at a rate of 2.64 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158 through 34-8-162.

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(c) For periods on or after January 1, 2000, but on or before December 31, 2005, 2011 each new or newly covered employer shall pay contributions at a rate of 2.62 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158, 34-8-159, 34-8-160, 34-8161, and 34-8-162.
SECTION 3. Said chapter is further amended by striking in its entirety Code Section 34-8-153, relating to the liability of succeeding employers and computation of rate of contributions, and inserting in lieu thereof the following:
34-8-153. (a) Subject to the provisions of subsections (g) and (h) of this Code section, any Any corporation, partnership, individual, or other legal entity who acquires by purchase, merger, consolidation, or other means substantially all of the trade, business, or assets of any employer and who thereafter continues the acquired trade or business shall be deemed to be a successor to the employer from whom the trade or business was acquired. The successor shall acquire the experience rating record of the predecessor except as otherwise provided in this Code section or in the rules and regulations of the Department of Labor. If the successor is not already an employer at the time of the acquisition, the rate of contributions applicable to the predecessor shall continue to be applicable to the successor; provided, however, if the existing rate of contributions of the predecessor exceeds the new employer rate as specified in Code Section 34-8-151, the successor shall be assigned a new employer rate of contributions; in such event, the experience of the predecessor shall not be considered for purposes of rate calculations and the successor shall be otherwise treated as a new employer. (b) Subject to the provisions of subsections (g) and (h) of this Code section, if If the successor is already an employer at the time of the acquisition, the rate of contributions applicable to the successor shall continue until the end of the quarter in which the acquisition occurred. The rate of contributions applicable to the successor beginning on the first day of the quarter following the acquisition will be determined by the combined experience of the predecessor and successor as of the applicable computation date; provided, however, the experience of the predecessor shall not be combined with that of the successor for purposes of rate calculation if the predecessors rate of contributions immediately preceding the acquisition exceeded the rate already in effect for the successor; in such event, the experience of the predecessor shall not be considered for purposes of rate calculations unless this combination of experience results in a reduction of rates. (c) Subject to the provisions of subsections (g) and (h) of this Code section, any Any employing unit which acquires by any means any clearly identifiable or separable portion of the trade or business of an employer and is an employer at the time of the acquisition or becomes an employer within six months from the end of the quarter in which the acquisition is made may be deemed to be a partial successor to the employer

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1967

from whom the portion of the trade or business was acquired. A portion of the predecessors experience rating records which are attributable to the portion of trade or the business which was acquired may be transferred to the successor. Mutual consent of both parties must be given to effectuate the partial transfer. The Commissioner shall prescribe by regulation the time frame for notification to the department of partial acquisitions and the method by which the portion of the experience rating record to be transferred will be determined. (d) Subject to the provisions of subsections (g) and (h) of this Code section, if If the conditions of subsection (c) of this Code section are met and the partial successor is not already an employer at the time of the acquisition, the rate of contributions applicable to the predecessor shall be applicable to the successor. Future rates will be determined by combining the transferred portion of the predecessors experience rating record with the successors own experience rating record as of the applicable computation date. (e) Subject to the provisions of subsections (g) and (h) of this Code section, if If the conditions of subsection (c) of this Code section are met and the partial successor is already an employer at the time of the acquisition, the rate of contributions applicable to the successor shall continue until the end of the quarter in which the acquisition occurred. The rate of contributions applicable to the successor beginning on the first day of the quarter following the acquisition will be determined by combining the transferred portion of the predecessors experience rating record with the successors own experience rating record as of the applicable computation date. (f) Nothing in this Code section shall be construed to affect liens which are created pursuant to Code Section 34-8-167. (g) Notwithstanding any other provision in this chapter to the contrary, effective July 1, 2006:
(1) If an employer transfers its trade or business, or any portion thereof, to another employer and, at the time of the transfer, there is substantially common ownership, management, or control of the two employers then the rate of contributions attributable to the predecessor shall be transferred to the successor employer to whom such business is so transferred. The rates of contributions of both employers shall be recalculated and made effective immediately upon the date of the transfer of the trade or business. (2) Whenever the successor is not already an employer at the time of the acquisition, the unemployment experience of the acquired business shall not be transferred to the successor if the Commissioner determines that the successor acquired the business solely or primarily for the purpose of obtaining a lower rate of contribution. Instead, the successor shall be assigned the new employer rate under Code Section 34-8-151. In determining whether the trade or business was acquired solely or primarily for the purpose of obtaining a lower rate of contributions, the Commissioner shall use objective factors which may include the following:
(A) The cost of acquiring the trade or business; (B) Whether the successor actually continued the business enterprise of the acquired trade or business;

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(C) How long the acquired trade or business was continued; and (D) Whether or not a substantial number of new employees were hired for the performance of duties unrelated to the business activity conducted by the predecessor prior to acquisition. (h)(1) Any person would knowingly violates or attempts to violate subsection (g) or any other provision of this chapter related to determining the assignment of a rate of contributions or any person who knowingly advises another person in a manner that results in a violation of such provision shall be subject to the following penalties. (A) If the person is an employer, then such employer shall be assigned the highest rate assignable under this chapter for the rate year during which such violation or attempted violation occurred and the three rate years immediately following that rate year; provided, however, that if:
(i) The persons business is already at the highest rate; or (ii) If the amount of increase in the rate of contributions for such person would be less than 2 percent for such year, then a penalty rate of contributions of 2 percent of taxable wages shall be imposed for such year; (B) If the person is not an employer, such person shall be subject to a civil money penalty of not more than $5,000.00 per violation. Any such fine collected shall be deposited in the penalty and interest account established under Code Section 34-892. (2) For the purposes of this Code section, the term 'knowingly' means having actual knowledge of or acting with deliberate ignorance or reckless disregard for the prohibited act or omission. (3) For the purposes of this Code section, the term 'violates or attempts to violate' includes, but is not limited to, intent to evade, misrepresentation, and willful nondisclosure. (4) For the purposes of this Code section, the term 'person' shall have the meaning given such term by Section 7701(a)(1) of the Internal Revenue Code of 1986, as amended. (5) For the purposes of this Code section and administration of the Employment Security Law, the terms 'trade, business, or assets' and 'trade or business' shall include: (A) The employers work force or any part of the employers work force; and (B) Any part of the employers trade, business, or assets, whether or not clearly identifiable or separable within the meaning of subsection (c) of this Code section. Tax liability under Chapter 7 of Title 48 shall not be affected by the definitions of 'trade, business, or assets' and 'trade or business' in this Code section. (6) In addition to the penalty imposed by paragraph (1) of this subsection, any violation of this Code section may be prosecuted as a felony under Code Section 1610-20. (7) The Commissioner shall establish procedures to identify the occurrence of any transfer or acquisition of a business that violates any provision of this Code section.

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SECTION 4. Said chapter is further amended by striking in its entirety subparagraph (B) of paragraph (4) of subsection (d) of Code Section 34-8-156, relating to State-wide Reserve Ratio, and inserting in lieu thereof the following:
(B) Except for any year or portion of a year during which the provisions of paragraph (1) of subsection (f) of Code Section 34-8-155 apply, when the Statewide Reserve Ratio, as calculated above, is less than 1.7 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table:
If the State-wide Reserve Ratio:

Equals or Exceeds

But Is Less Than

Overall Increase

1.5 percent

1.7 percent

25 percent

1.25 percent

1.5 percent

50 percent

0.75 percent

1.25 percent

75 percent

Under 0.75 percent

100 percent

provided, however, that for the period of January 1 through December 31, 2005 2006, the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this subparagraph shall be null and void, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.00 percent, then the Commissioner of Labor shall have the option of imposing an increase in the overall rate of up to 35 percent, as of the computation date, for each

employer whose rate is computed under a rate table in Code Section 34-8-155.

SECTION 5. Said chapter is further amended by striking in its entirety Code Section 34-8-180, relating to an administrative assessment on all wages, and inserting in lieu thereof the following:
34-8-180. (a) For the periods on or after April 1, 1987, but on or before January 1, 2000, there is created an administrative assessment of .06 percent to be assessed upon all wages, as defined in Code Section 34-8-49, except wages of the following employers:
(1) Those employers who have elected to make payments in lieu of contributions as provided by Code Section 34-8-158 or who are liable for the payment of contributions as provided in said Code section; or (2) Those employers who, by application of the State-wide Reserve Ratio as provided in Code Section 34-8-156, have been assigned the minimum positive reserve rate or the maximum deficit reserve rate.

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(b) For the periods on or after January 1, 2000, but on or before December 31, 2005 2011, there is created an administrative assessment of 0.08 percent to be assessed upon all wages as defined in Code Section 34-8-49, except the wages of:
(1) Those employers who have elected to make payments in lieu of contributions as provided by Code Section 34-8-158 or who are liable for the payment of contributions as provided in said Code section; or (2) Those employers who, by application of the State-wide Reserve Ratio as provided in Code Section 34-8-156, have been assigned the minimum positive reserve rate or the maximum deficit reserve rate. (c) Assessments pursuant to this Code section shall become due and shall be paid by each employer and must be reported on the employers quarterly tax and wage report according to such rules and regulations as the Commissioner may prescribe. The assessments provided in this Code section shall not be deducted, in whole or in part, from the remuneration of individuals in the employ of the employer. Any deduction in violation of this subsection is unlawful.
SECTION 6. Said chapter is further amended by striking in its entirety Code Section 34-8-181, relating to an additional administrative assessment for new or newly covered employers, and inserting in lieu thereof the following:
34-8-181. (a) For the periods on or after April 1, 1987, but on or before December 31, 1999, in addition to the rate paid under Code Section 34-8-151, each new or newly covered employer shall pay an administrative assessment of .06 percent of wages payable by it with respect to employment during each calendar year until it is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Section 34-8-158. (b) For the periods on or after January 1, 2000, but on or before December 31, 2005 2011, in addition to the rate paid under Code Section 34-8-151, each new or newly covered employer shall pay an administrative assessment of 0.08 percent of wages payable by it with respect to employment during each calendar year until it is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Section 34-8-158.
SECTION 7. Said chapter is further amended by striking in its entirety Code Section 34-8-185, relating to the automatic repeal of Article 6, and inserting in lieu thereof the following:
34-8-185. This article shall stand repealed in its entirety on December 31, 2005 2011.
SECTION 8. Said chapter is further amended by striking in their entirety subsections (a), (b), and (c) of Code Section 34-8-193, relating to determination of the weekly benefit amount, and

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inserting in lieu thereof the following: (a) The weekly benefit amount of an individuals claim shall be that amount computed by dividing the two highest quarters of wages paid in the base period by 46 44. Any fraction of a dollar shall then be disregarded. Wages must have been paid in at least two quarters of the base period and total wages in the base period must equal or exceed 150 percent of the highest quarter base period wages. For claims that fail to establish entitlement due to failure to meet the 150 percent requirement, an alternative computation shall be made. In such event, the weekly benefit amount shall be computed by dividing the highest single quarter of base period wages paid by 23 22. Any fraction of a dollar shall then be disregarded. Under this alternative computation, wages must have been paid in at least two quarters of the base period and total base period wages must equal or exceed 40 times the weekly benefit amount. Regardless of the method of computation used, wages must have been paid for insured work, as defined in Code Section 34-8-41. (b) Weekly benefit amount entitlement as computed in this Code section shall be no less than $27.00 per week for benefit years beginning on or after July 1, 1983; provided, however, that for benefit years beginning on or after July 1, 1987, when the weekly benefit amount, as computed, would be more than $26.00 but less than $37.00, the individuals weekly benefit amount will be $37.00, and no weekly benefit amount shall be established for less than $37.00; provided, further, that for benefit years beginning on or after July 1, 1997, when the weekly benefit amount, as computed, would be more than $26.00 but less than $39.00, the individuals weekly benefit amount will be $39.00, and no weekly benefit amount shall be established for less than $39.00; provided, further, that for benefit years beginning on or after July 1, 2002, when the weekly benefit amount, as computed, would be more than $26.00 but less than $40.00, the individuals weekly benefit amount will be $40.00, and no weekly benefit amount shall be established for less than $40.00; provided, further, that for benefit years beginning on or after July 1, 2005, when the weekly benefit amount, as computed, would be more than $26.00 but less than $42.00, the individuals weekly benefit amount will be $42.00, and no weekly benefit amount shall be established for less than $42.00. (c) Weekly benefit amount entitlement as computed in this Code section shall not exceed these amounts for the applicable time period: (1) For claims filed on or after July 1, 1990, but before July 1, 1994, the maximum weekly benefit amount shall not exceed $185.00; (2) For claims filed on or after July 1, 1994, but before July 1, 1995, the maximum weekly benefit amount shall not exceed $195.00; (3) For claims filed on or after July 1, 1995, but before July 1, 1996, the maximum weekly benefit amount shall not exceed $205.00; (4) For claims filed on or after July 1, 1996, but before July 1, 1997, the maximum weekly benefit amount shall not exceed $215.00; (5) For claims filed on or after July 1, 1997, but before July 1, 1998, the maximum weekly benefit amount shall not exceed $224.00;

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(6) For claims filed on or after July 1, 1998, but before July 1, 1999, the maximum weekly benefit amount shall not exceed $244.00; (7) For claims filed on or after July 1, 1999, but before July 1, 2000, the maximum weekly benefit amount shall not exceed $264.00; (8) For claims filed on or after July 1, 2000, but before July 1, 2001, the maximum weekly benefit amount shall not exceed $274.00; (9) For claims filed on or after July 1, 2001, but before July 1, 2002, the maximum weekly benefit amount shall not exceed $284.00; (10) For claims filed on or after July 1, 2002, but before July 1, 2003, the maximum weekly benefit amount shall not exceed $295.00; and (11) For claims filed on or after July 1, 2003, but before July 1, 2005, the maximum weekly benefit amount shall not exceed $300.00.; (12) For claims filed on or after July 1, 2005, but before July 1, 2006, the maximum weekly benefit amount shall not exceed $310.00; and (13) For claims filed on or after July 1, 2006, the maximum weekly benefit amount shall not exceed $320.00.
SECTION 8A. Said chapter is further amended by striking in its entirety division (iii) of subparagraph (B) of paragraph (2) of Code Section 34-8-194, relating to the grounds for disqualification of benefits, and inserting in lieu thereof the following:
(iii) The discharge occurred because of absenteeism and the absences were caused by illness of the claimant or a family member, unless the claimant has without justification failed to notify the employer or the absence for such illness which led to discharge followed a series of absences, the majority of which were attributable to fault on the part of the claimant in direct violation of the employers attendance policy and regarding which the claimant has been advised in writing, prior to any of the absences, that unemployment benefits may be denied due to such violations of the employers policy on attendance; provided, however, that no waiver of an employees rights under the federal Family and Medical Leave Act of 1993, as amended, or any other applicable state or federal law shall be construed under this division; .
SECTION 9. There is appropriated to the Department of Labor out of funds credited to and held in this states account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to and in accordance with Section 903 of the Social Security Act, as amended, an additional amount of $1,642,647.11. Of said additional amount, the sum of $1,642,647.11 is authorized to be allocated for expenses incurred in the administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the "Employment Security Law" as amended, including personal services and operating and other expenses incurred in the administration of said law, as well as for the purchase or rental, either or both, of improvements, repairs, or alterations to and of offices, lands, buildings or parts

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1973

of buildings, fixtures, furnishings, equipment, technology, data, reports and studies, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the acquisition, purchase, rental, construction, maintenance, improvements, repairs, or alterations of and to such real or personal property. Notwithstanding any other provision of this section, the amount appropriated in this Act shall not exceed the amount in the Unemployment Trust Fund, which may be obligated for expenditure for such purposes as provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, and the amount which may be obligated shall not exceed the limitations provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund; provided, however, that said additional funds shall not be obligated for expenditure, as provided in this Act, after the close of the two-year period which begins on the date of enactment of this Act.
SECTION 9A. The Commissioner of Labor is authorized, pursuant to and in accordance with Section 903 of the Social Security Act, as amended, to requisition, and to direct the obligation and expenditure for use in such locations in this state as the Commissioner finds to be economical and desirable, such money as authorized in this Act and in Code Section 348-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, and, in the manner and for the purposes authorized in this Act, including personal services and operating and other expenses incurred in the administration of said laws, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, technology, data, reports and studies, supplies, and the construction of buildings or parts of buildings suitable for use by the Department of Labor, for the payment of expenses incurred for the construction, maintenance, improvements, or repair of or alterations to such real or personal property, to employ workers, contract with persons, public and private agencies, corporations, and other entities, to allocate any unexpended amounts appropriated by this Act, and to do all other things necessary to accomplish the purposes of this Act. The acquisition of any real or personal property and the expenditure of any funds appropriated by this Act shall be in accordance with this states applicable laws existing on the effective date of this Act.
SECTION 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

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Senator Hudgens of the 47th offered the following amendment #1:
Amend the Senate Insurance and Labor Committee substitute to HB 520 by inserting after "regard thereto;" on line 4 on page 1 "to extend certain contribution rates and credits;".
By redesignating Sections 4, 5, 6, 7, 8, 9, 10, and 11 as Sections 5, 6, 7, 8, 9, 10, 11, and 12 and inserting after line 16 on page 6 the following:
SECTION 4. Said chapter is further amended by striking the introductory language to subsections (c) and (e) of Code Section 34-8-155, relating to benefit experience, and inserting in lieu thereof new introductory language to read as follows:
'(c) For the periods prior to April 1, 1987, or after December 31, 2005 2011, variations from the standard rate of contributions shall be determined in accordance with the following requirements:' '(e) For the periods on or after January 1, 2000, but on or before December 31, 2005 2011, variations from the standard rate of contributions shall be determined in accordance with the following requirements:'.
On the adoption of the amendment, the yeas were 38, nays 1, and the Hudgens amendment #1 was adopted.
Senator Henson of the 41st offered the following amendment #2:
Amend the Senate Insurance and Labor Committee substitute to HB 520 (LC 28 2459S) by striking "employer or" on line 17 of page 10 and inserting in its place the following:
employer where the employer provides a sick leave policy or
Senator Henson of the 41st asked unanimous consent that his amendment #2 be withdrawn. The consent was granted, and the amendment was withdrawn.
Senator Henson of the 41st offered the following amendment #3:
Amend the Senate Insurance and Labor Committee substitute to HB 520 (LC 28 2459S) by striking lines 11 through 24 on page 10.
Senator Henson of the 41st 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 36, nays 1, and the committee substitute was adopted as amended.

TUESDAY, MARCH 22, 2005

1975

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 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
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 Y Thompson,C Y Thompson,S E Tolleson Y Unterman Y Walker Y Weber Y Whitehead Y Wiles Y Williams E Zamarripa

On the passage of the bill, the yeas were 51, nays 1.

HB 520, having received the requisite constitutional majority, was passed by substitute.

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.

Senate Sponsor: Senator Mullis of the 53rd.

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:

43

1976

JOURNAL OF THE SENATE

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

On the adoption of the resolution, the yeas were 52, nays 0.

HR 142, having received the requisite constitutional majority, was adopted.

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.
Senate Sponsor: Senator Grant of the 25th.

TUESDAY, MARCH 22, 2005

1977

The Senate State Institutions and Property Committee offered the following amendment:

Amend HB 58 by striking lines 14 and 15 of page 1 and inserting in lieu thereof the following:
"Correctional Industries Administration to use inmate labor to provide services; to provide for related matters; to provide".

By striking line 31 of page 3 and inserting in lieu thereof the following: (1) Assurance that inmates work is voluntary and that there shall be no retribution against inmates who do not volunteer; .

By striking lines 15 through 24 of page 6.

By renumbering Sections 7 and 8 as Sections 6 and 7, respectively.

On the adoption of the amendment, the yeas were 34, nays 0, and the committee amendment was adopted.

Senators Grant of the 25th and Thomas of the 2nd offered the following amendment #1:

Amend House Bill 58 by striking from line 28 of page 3 the following: or the Georgia Correctional Industries Administration .

On the adoption of the amendment, the yeas were 38, nays 0, and the Grant, Thomas of the 2nd amendment #1 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 Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort 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
Tate Y Thomas,D Y Thomas,R Y Thompson,C Y Thompson,S Y Tolleson Y Unterman

44

1978

JOURNAL OF THE SENATE

Y Golden Y Grant
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 Weber Y Whitehead Wiles Y Williams E Zamarripa

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

HB 58, having received the requisite constitutional majority, was passed as amended.

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

I vote Yes on HB 58.

3/22/05 1:41 p.m.

/s/ Bill Hamrick

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

Senator Jones of the 10th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused.

Senator Hudgens of the 47th asked unanimous consent that Senator Kemp of the 46th be excused. The consent was granted, and Senator Kemp was excused.

TUESDAY, MARCH 22, 2005

1979

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.
The Senate State and Local Governmental Operations Committee offered the following substitute to SR 376:
A RESOLUTION
Creating the Senate Atlanta County and Milton County Study Committee, and for other purposes
WHEREAS, Fulton County encompasses many different and diverse communities; and
WHEREAS, there currently exist within Fulton County ten separate municipalities, including the Cities of Atlanta, Alpharetta, College Park, East Point, Fairburn, Hapeville, Mountain Park, Palmetto, Roswell, and Union City; and
WHEREAS, the municipalities within Fulton County are individually of historic importance to their communities and to the State of Georgia; and
WHEREAS, rising property taxes and the desire for more efficient government are concerns for many citizens of Fulton County; and
WHEREAS, the services offered by Fulton County and these municipalities are often duplicative; and
WHEREAS, the residents of Fulton County and the municipalities therein would benefit from a consolidation of certain services; and
WHEREAS, it is desirable the historic nature of the municipalities in Fulton County be preserved in the event of consolidation; and
WHEREAS, certain aspects of government and services can be best served by local governments and organizations; and
WHEREAS, there are numerous residents in Georgia and in the United States that have been well served by the consolidation of services and governments, including the residents of Athens-Clarke County, Columbus-Muscogee County, and AugustaRichmond County in Georgia, and also residents of Miami-Dade County in Florida and the five Boroughs of New York City, including, without limitation, the creation of the

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new counties potentially named Atlanta County in the south and Milton County in the north portions of present Fulton County; and

WHEREAS, there are many possibilities for consolidation of governments or services in Fulton County, which ought to be discussed so as to provide the residents of Fulton County with the best form of government and the most efficient delivery of services possible.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate Atlanta County and Milton County Study Committee to be composed of five members of the Senate to be appointed by the Senate Committee on Assignments. The Senate Committee on Assignments shall designate one member of the committee from each major political party as cochairpersons of the committee. The chairpersons shall call all meetings of the committee.

BE IT FURTHER RESOLVED that the committee shall undertake a study of the issues discussed above and other related matters and recommend any action or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. The allowances authorized by this resolution shall not be received by any member of the committee for 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 Senate. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2005. The committee shall stand abolished on December 31, 2005.

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 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 Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson

Y Smith Starr
Y Staton Y Stephens Y Stoner

TUESDAY, MARCH 22, 2005

1981

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
Henson

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

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 adoption of the resolution, the yeas were 48, nays 1.

SR 376, having received the requisite constitutional majority, was adopted by substitute.

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.

Senate Sponsor: Senator Moody of the 56th.

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

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

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JOURNAL OF THE SENATE

Y Chapman Y Douglas N Fort Y Goggans E Golden Y Grant Y Hamrick
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
Shafer,D

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 47, nays 1.

HB 372, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

Senator Vincent Fort District 39 305-B Legislative Office Building Atlanta, GA 30334

Committees: Appropriations Education and Youth Retirement Reapportionment and Redistricting Special Judiciary

The State Senate Atlanta, Georgia 30334
3/22/05

To: Secretary of the Senate

I inadvertently voted against HB 372 when I meant to vote for it. I am requesting that my vote be recorded as a yes vote.

/s/ Vincent Fort

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 Williams of the 19th be excused. The consent was granted, and Senator Williams was excused.

Senator Miles of the 43rd asked unanimous consent that Senator Henson of the 41st be excused. The consent was granted, and Senator Henson was excused.

TUESDAY, MARCH 22, 2005

1983

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.
Senate Sponsor: Senator Bulloch of the 11th.
The Senate Natural Resources and the Environment Committee offered the following substitute to HB 1:
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 change certain provisions regarding qualification of conservation use property for current use assessment; to provide for additional acts which shall not constitute a breach of a conservation use covenant; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, is amended by striking paragraph (1) of subsection (b) and inserting in its place a new paragraph (1) to read as follows:
(1) When one-half or more of the area of a single tract of real property is used for a qualifying purpose, then such tract shall be considered as used for such qualifying purpose unless some other type of business is being operated on the unused portion; provided, however, that such unused portion must be minimally managed so that it does not contribute significantly to erosion or other environmental or conservation problems. The lease of hunting rights or the use of the property for hunting purposes shall not constitute another type of business. The charging of admission for use of the property for fishing purposes shall not constitute another type of business;
SECTION 2. Said Code section is further amended by striking subsection (p) and inserting in its place a new subsection (p) to read as follows:
(p) The following shall not constitute a breach of a covenant: (1) Mineral exploration of the property subject to the covenant or the leasing of the property subject to the covenant for purposes of mineral exploration if the primary use of the property continues to be the good faith production from or on the land of

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JOURNAL OF THE SENATE

agricultural products; (2) Allowing all or part of the property subject to the covenant to lie fallow or idle for purposes of any land conservation program, for purposes of any federal agricultural assistance program, or for other agricultural management purposes; (3) Allowing all or part of the property subject to the covenant to lie fallow or idle due to economic or financial hardship if the owner notifies the board of tax assessors on or before the last day for filing a tax return in the county where the land lying fallow or idle is located and if such owner does not allow the land to lie fallow or idle for more than two years of any five-year period; or
(4)(A) Any property which is subject to a covenant for bona fide conservation use being transferred to a place of religious worship or burial or an institution of purely public charity if such place or institution is qualified to receive the exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41. No person shall be entitled to transfer more than 25 acres of such persons property in the aggregate under this paragraph. (B) Any property transferred under subparagraph (A) of this paragraph shall not be used by the transferee for any purpose other than for a purpose which would entitle such property to the applicable exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41 or subsequently transferred until the expiration of the term of the covenant period. Any such use or transfer shall constitute a breach of the covenant.; (5) Leasing a portion of the property subject to the covenant, but in no event more than six acres, for the purpose of placing thereon a cellular telephone transmission tower. Any such portion of such property shall cease to be subject to the covenant as of the date of execution of such lease and shall be subject to ad valorem taxation at fair market value; or (6) Allowing all or part of the property subject to the covenant on which a corn crop is grown to be used for the purpose of constructing and operating a maze so long as the remainder of such corn crop is harvested.

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

On the adoption of the substitute, the yeas were 30, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the 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

TUESDAY, MARCH 22, 2005

1985

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 E Henson

Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp E 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
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 1, having received the requisite constitutional majority, was passed by substitute.

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.

Senate Sponsor: Senator Hooks of the 14th.

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 Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp

Y Smith Y Starr Y Staton Y Stephens Y Stoner Y Tate Y Thomas,D

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1986

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Y Chance Y Chapman Y Douglas Y Fort Y Goggans E Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath E Henson

E 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 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 52, nays 0.

HB 662, having received the requisite constitutional majority, was passed.

Senator Hill of the 32nd asked unanimous consent that HB 200 be immediately transmitted to the House.

The consent was granted and HB 200 was immediately transmitted.

Senator Wiles of the 37th asked unanimous consent that Senator Seabaugh of the 28th be excused. The consent was granted, and Senator Seabaugh 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.

Senator Tolleson of the 20th asked unanimous consent that Senator Kemp of the 46th be excused. The consent was granted, and Senator Kemp was excused.
The Calendar was resumed.
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

TUESDAY, MARCH 22, 2005

1987

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

Senate Sponsor: Senator Balfour of the 9th.

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 17, 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 211 (LC 18 4021)

This bill would exempt from ad valorem taxation aircraft that are for sale and held in inventory by aircraft dealers. The exemption would be effective for all tax years beginning after January 1, 2006.

The Georgia State University Fiscal Research Center determined that the estimated revenue loss to the state is very small (under $20,000) for FY 2007 and FY 2008. Most of the revenue loss will be borne by local governments and is estimated to be approximately $2 million for FY 2007 and FY 2008.

The data used comes from the current sales inventories gathered from the websites of Georgia-based aircraft dealers. In most cases, asking prices were obtained from these online advertisements. Where asking prices were not available, they were estimated using the price of identical models of similar age for sale in other states. Where comparable models were not available, the average price of current Georgia inventories was used. Asking prices range from $33,500 to $19,995,000. It was estimated that there is currently $178 million in aircraft inventories in the state of Georgia. Note that it is common practice to fly aircraft out state at the time inventory would be valued for property tax purposes. Assuming that 40 percent of the asking price is the assessed value, and using

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an average property tax rate of 28 mills, the resulting revenue is estimated to be $2.0 million in FY 2007. We expect the loss would be the same in FY 2008. Since the state's property tax rate is only 0.25 mills, the revenue loss to the state would be less than one percent of the total revenue loss.

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 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 E Henson

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

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

On the passage of the bill, the yeas were 44, nays 1.

HB 211, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 22, 2005

1989

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

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.

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 14, 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 487 (LC 18 4102)

This bill would change the sales tax exemption on the sale of electricity for operation of irrigation systems used on farm crops. The exemption would be broadened to refer to "electricity or other fuel".

The Georgia State University Fiscal Research Center indicates that the exemption of these fuel expenditures from the sales tax would reduce Georgia tax revenue by $204,000

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1990

JOURNAL OF THE SENATE

per year. The Center indicated that based on the latest data available, fuel expenses for on-farm pumping of irrigation water in the State of Georgia totaled $10,905,000 in 2003. Of this total, expenditures on fuels other than electricity equaled $5,100,000. This data was reported by the USDA National Agricultural Statistics Service, 2002 Census of Agriculture, 2003 Farm and Ranch Irrigation Survey.
This estimate was calculated by multiplying the 4% state sales tax rate times $5,100,000, the additional expenditures on fuels that would be exempt under the proposed legislation. The long range impact of this proposed legislation is expected to remain in the range of this estimate. Energy consumption for irrigation is not projected to increase substantially over time. While prices for petroleum products increased substantially in late 2004, they are likely to moderate somewhat over the near term and then, on average, rise gradually.
Sincerely,
/s/ Russell W. Hinton State Auditor
/s/ Timothy A. Connell, Director Office of Planning and Budget
The Senate Finance Committee offered the following substitute to HB 487:
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 clarify the sales and use tax exemption for a qualified child-caring institution, child-placing agency, or maternity home; to change the exemption regarding electricity sales for irrigation of certain crops; 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 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by striking paragraph (41) of said Code section and inserting in its place a new paragraph (41) to read as follows:
(41)(A) Sales of tangible personal property and services to or by a child-caring institution as defined in paragraph (1) of Code Section 49-5-3, as amended; a childplacing agency as defined in paragraph (2) of Code Section 49-5-3, as amended; or a maternity home as defined in paragraph (14) of Code Section 49-5-3, as amended, when such institution, agency, or home is engaged primarily in providing child

TUESDAY, MARCH 22, 2005

1991

services and is a nonprofit, tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code and obtains an exemption determination letter from the commissioner; and (B) Sales by an institution, agency, or home as described in subparagraph (A) of this paragraph when:
(i) The sale results from a specific charitable fund-raising activity; (ii) The number of days upon which the fund-raising activity occurs does not exceed 30 in any calendar year; (iii) No part of the gross sales or net profits from the sales inures to the benefit of any private person; and (iv) The gross sales or net profits from the sales are used purely for charitable purposes in providing child services; .

SECTION 2. Said Code section is further amended by striking paragraph (64) and inserting in its place a new paragraph (64) to read as follows:
(64) The sale of electricity or other fuel for the operation of an irrigation system
which is used on a farm exclusively for the irrigation of farm crops; .

SECTION 3. This Act shall become effective on July 1, 2005.

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

On the adoption of the substitute, the yeas were 32, nays 1, and the committee substitute was adopted.

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

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

Y Adelman Balfour
Y 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 E Kemp E Me V Bremen Y Miles Y Moody

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

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JOURNAL OF THE SENATE

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

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

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

On the passage of the bill, the yeas were 43, nays 1.

HB 487, having received the requisite constitutional majority, was passed by substitute.

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.

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 14, 2005

Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334

TUESDAY, MARCH 22, 2005

1993

Dear Chairman O'Neal:

SUBJECT: Fiscal Note House Bill 389 (LC 18 4111-EC)

This bill modifies the existing job tax credit program. The bill provides for an additional state income tax credit for certain businesses that have operated within the state for the immediately preceding three years. These businesses would be allowed, under certain conditions, a one year tax credit of $500 for each new full-time employee job. The credit would be claimed in year two after the job was created and would apply only to new jobs created in taxable years beginning on or after January 1, 2006, and ending no later than taxable years beginning prior to January 1, 2011. The additional tax credit cannot be carried forward. Eligible industries and the required minimum number of jobs created are the same as for the current job tax credit.

The Georgia State University Fiscal Research Center indicates that for the five tax years 2007 through 2011, the total estimated revenue loss is $21.2 million, or $4.24 million per year. This assumes that the additional credit is allowed for only one year. The modification to paragraph (e)(2) in Section 1 of the bill states that the additional credit is allowed for one year after the creation of the job. This paragraph also states that the credit shall not be allowed during a year if the employment increase falls below the required number of new jobs. This seems to imply that the credit can be taken for more than one year.

The Center provided the following narrative regarding the calculation of their revenue estimate:

Using employment security records, an estimate of the number of jobs that would have been eligible for each year 1996 through 2004 was determined. To be eligible, a firm had to be in an eligible industry, had to be in existence for three years, and had to have created the minimum number of jobs. Employment growth over the past four years has been low. To be more reflective of future job growth, the estimated number of jobs determined to have been eligible for the period 1996 through 2000 was used for the revenue estimation.

Experience with the job tax credit program suggests that not all firms that appear to be eligible take the job tax credit. The most recent estimate of the participation rate is 30 percent. Multiplying the number of eligible jobs by $500 times the participation rate yields the revenue estimate. Table 1 presents the annual estimated revenue loss.

For the five tax years, 2007 through 2011, the total estimated revenue loss is $21.2 million, or $4.24 million per year.

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Table 1. Annual Estimated Revenue Loss

Year

Revenue Loss (in millions)

2007

$ 3.8

2008

$ 4.2

2009

$ 4.4

2010

$ 4.8

2011

$ 4.0

Total

$21.2

Note that if the credit can be taken for five years, then the estimated revenue loss for the next five years would be as seen in Table 2.

Table 2. Annual Estimated Revenue Loss

Year

Revenue Loss (in millions)

2007

$ 3.8

2008

$ 8.0

2009

$12.4

2010

$17.2

2011

$21.2

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

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

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

TUESDAY, MARCH 22, 2005

1995

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

Y Mullis Y Pearson
Powell Y Reed Y Rogers Y Schaefer E Seabaugh Y Seay Y 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 42, nays 3.

HB 389, having received the requisite constitutional majority, was passed.

Senator Eric Johnson, President Pro Tempore, assumed the Chair.

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.

Senate Sponsor: Senator Bulloch of the 11th.

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

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

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

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

Y Smith Y Starr Y Staton E Stephens E Stoner
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 E Henson

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

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

On the passage of the bill, the yeas were 44, nays 0.

HB 196, having received the requisite constitutional majority, was passed.

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.

Senate Sponsor: Senator Douglas of the 17th.

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 21, 2005

The Honorable John Yates, Chairman Defense and Veterans Affairs Committee State Capitol, Room 217 Atlanta, Georgia 30334

SUBJECT: Fiscal Note House Bill 404 (LC 21 8121)

TUESDAY, MARCH 22, 2005

1997

Dear Chairman Yates:
This bill would amend unemployment benefit insurance provisions to provide that persons leaving an employer to accompany a spouse who has been reassigned from one military assignment to another are not disqualified from receiving benefits by that fact alone.

Depending on Georgia's economy and the related number of unemployment insurance beneficiaries, the fiscal impact of this bill to the Unemployment Insurance Trust Fund could approximate from $2.1 million to $3.7 million annually. The assumptions used to calculate these amounts are described below.

The Georgia Department of Labor (DOL) does not maintain data on the number of persons who do not qualify for unemployment benefits for the reason cited in this bill. However, DOL obtained information from another state, which indicates the number of persons receiving unemployment insurance benefits there increased by of 1 percent after implementation of similar legislation. Assuming that Georgia would have a similar experience, this percentage increase was applied to the total number of unemployment insurance beneficiaries in Georgia. DOL noted that the state providing unemployment data has only three military bases so the extent to which this percentage would approximate actual experience in Georgia cannot be determined.

The low estimate of $2.1 million is based on data from 1999 which, according to DOL, was a non-recession year. In 1999, DOL data shows that there were 199,853 persons in Georgia who received unemployment insurance benefits for an average of 9 weeks. Consequently, if Georgia experiences a similar non-recession year in the future, this bill could increase the number of beneficiaries by 999 (199,853 x 0.5%). Multiplying this potential number of new beneficiaries (999) by the average number of benefit weeks (9) and by the current average weekly benefit of $235 would yield a fiscal impact of approximately $2.1 million.

The high estimate of $3.7 million is based on year 2004 DOL data. In 2004, this data shows that there were 265,324 persons in Georgia who received unemployment insurance benefits for an average of 12 weeks. Using these figures, this bill could increase the number of beneficiaries by 1,327 (265,324 x 0.5%). Multiplying the number of new beneficiaries (1,327) by the average number of benefit weeks (12) and the current average weekly benefit of $235 would yield a fiscal impact of approximately $3.7 million.

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Sincerely,

/s/ Russell W. Hinton State Auditor

/s/ Tim 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 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
Johnson (PRS) Y Jones E Kemp E 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 Y Starr Y Staton Y Stephens E Stoner
Tate Thomas,D Y 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 47, nays 0.

HB 404, having received the requisite constitutional majority, was passed.

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

TUESDAY, MARCH 22, 2005

1999

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.

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:

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
Johnson (PRS) Y Jones E Kemp E 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

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

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

HB 438, having received the requisite constitutional majority, was passed.

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

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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.

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:

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
Johnson (PRS) Jones E Kemp E Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Powell Reed Y Rogers Y Schaefer E Seabaugh Y Seay Y Shafer,D

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

On the passage of the bill, the yeas were 42, nays 0.

HB 390, having received the requisite constitutional majority, was passed.

Senator Bulloch of the 11th asked unanimous consent that HB 487 be immediately transmitted to the House.

The consent was granted and HB 487 was immediately transmitted.

The Calendar was resumed.

TUESDAY, MARCH 22, 2005

2001

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.

Senate Sponsor: Senator Hamrick of the 30th.

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

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

Y Adelman Y Balfour Y 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 Heath Y Henson

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

Smith Y Starr Y Staton Y Stephens E Stoner
Tate Y Thomas,D Y Thomas,R Y Thompson,C E 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 45, nays 0.

HB 347, having received the requisite constitutional majority, was passed.

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

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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 findings; to provide 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:

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

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

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

On the passage of the bill, the yeas were 42, nays 3.

HB 195, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 22, 2005

2003

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.
Senate Sponsor: Senator Unterman of the 45th.
The Senate Health and Human Services Committee offered the following substitute to HB 394:
A BILL TO BE ENTITLED AN ACT
To amend Title 29 and Title 30 of the Official Code of Georgia Annotated, relating to guardians and wards, as such title was amended by an Act approved May 5, 2004 (Ga. L. 2004, p. 161), which Act becomes effective July 1, 2005, and to handicapped persons, respectively, so as to change certain provisions relating to the Department of Human Services; to add a definition for "public guardian"; to change certain provisions relating to qualifications of guardians of adults; to change certain provisions relating to order of preference in selection of guardians of adults; to provide for the appointment of a public guardian or the Department of Human Resources as a guardian of an adult in certain circumstances; to change certain provisions relating to the role of the director of a county department of family and children services; to enact a new chapter relating to public guardians; to provide for an oath of guardianship; to provide for qualifications and requirements of a public guardian; to provide for registration of a public guardian with the probate court; to provide for a bond by the public guardian; to provide for letters of guardianship; to provide for recordkeeping and reporting; to provide for additional security on a bond; to provide for revocation of letters of guardianship; to provide for compensation; to provide for the appropriation of funds for compensation in certain circumstances; to revise the definition of "director"; to revise certain provisions relating to investigation of reports of need for protective services; to amend Code Section 31-8116 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 to go to the Department of Human Resources; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 29 of the Official Code of Georgia Annotated, relating to guardians and wards, as such title was amended by an Act approved May 5, 2004 (Ga. L. 2004, p. 161), which Act becomes effective July 1, 2005, is amended in Code Section 29-1-1, relating to definitions, by inserting after paragraph (16) a new paragraph to read as follows:
(16.1) 'Public guardian' means an individual or private entity, including a nonprofit entity, appointed pursuant to Chapter 10 of this title.
SECTION 2. Said title, as amended by an Act approved May 5, 2004 (Ga. L. 2004, p. 161), is further amended by striking Code Section 29-4-2, relating to qualifications of guardians selected for adults, in its entirety and inserting in lieu thereof the following:
29-4-2. (a) Only an individual may serve as guardian of an adult, except in the event a public guardian or the Department of Human Resources is appointed pursuant to subsection (b.1) of Code Section 29-4-3. (b) No individual may be appointed as guardian of an adult who:
(1) Is a minor, a ward, or a protected person; (2) Has a conflict of interest with the adult unless the court determines that the conflict of interest is insubstantial or that the appointment would be in the adults best interest; or (3) Is an owner, operator, or employee of a long-term care or other caregiving institution or facility at which the adult is receiving care, unless related to the adult by blood, marriage, or adoption. (c) No entity may be appointed as guardian of an adult which: (1) Has a conflict of interest with the adult unless the court determines that the conflict of interest is insubstantial or that the appointment would be in the adults best interest; or (2) Is a long-term care or other caregiving institution or facility at which the adult is receiving care.
SECTION 3. Said title, as amended by an Act approved May 5, 2004 (Ga. L. 2004, p. 161), is further amended in Code Section 29-4-3, relating to order of preference in selection of guardians of adults, by striking subsection (b) in its entirety and inserting in lieu thereof the following:
(b) Individuals who are eligible have preference in the following order: (1) The individual last nominated by the adult in accordance with the provisions of subsection (c) of this Code section;

TUESDAY, MARCH 22, 2005

2005

(2) The spouse of the adult or an individual nominated by the adults spouse in accordance with the provisions of subsection (d) of this Code section; (3) An adult child of the adult or an individual nominated by an adult child of the adult in accordance with the provisions of subsection (d) of this Code section; (4) A parent of the adult or an individual nominated by a parent of the adult in accordance with the provisions of subsection (d) of this Code section; (5) A guardian appointed during the minority of the adult; (6) A guardian previously appointed in Georgia or another state; (7) A friend, relative, or any other individual; and (8) Any other person, including a volunteer to the court, found suitable and appropriate who is willing to accept the appointment; and (9) The county guardian or the director of the department of family and children services of the county of domicile of the adult or of the county in which the adult is found; provided, however, that the director of the county department of family and children services may delegate the guardianship duties to responsible employees of the department. (b.1) If no other person is available to serve as guardian of the ward, the judge may appoint a public guardian in accordance with Chapter 10 of this title. In the event the court determines that there is no public guardian registered in accordance with Chapter 10 of this title appropriately available to serve as guardian for a ward, the court may appoint the Department of Human Resources as guardian. If so appointed, the department shall designate a representative of the department to provide guardian services who shall take the oath of guardianship. If, after having been so appointed, the department presents to the court a public guardian registered in accordance with Chapter 10 of this title or some other person suitable and appropriate to serve as guardian of a ward and willing to so serve, the court shall allow the department to resign and shall appoint such public guardian or such other person. If the department is appointed pursuant to this subsection, it shall be bound by all the requirements of this chapter, except that it shall not be required to post bond or pay any cost or fee of court associated with the guardianship proceeding. If the department is appointed pursuant to this subsection and enters into a contract with an independent contractor for the provision of guardianship services, the expense of providing such services may be paid for from state funds appropriated for public guardians under Chapter 10 of this title or, upon approval of the court, from the estate of the ward.
SECTION 4. Said title, as amended by an Act approved May 5, 2004 (Ga. L. 2004, p. 161), is further amended by striking Code Section 29-9-10, relating to the role of the director of a county department of family and children services, in its entirety and inserting in lieu thereof the following:
29-9-10. The director of the county department of family and children services or When appointed pursuant to subsection (b.1) of Code Section 29-4-3, a duly appointed

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delegate of the Department of Human Resources is authorized to take the oath of conservatorship or guardianship before the judge of the Probate Court of Fulton County or before the judge of the court making the appointment of conservatorship or guardianship any probate court of this state.
SECTION 5. Said title, as amended by an Act approved May 5, 2004 (Ga. L. 2004, p. 161), is further amended by inserting at the end of such title a new chapter to read as follows:
CHAPTER 10
29-10-1. As used in this chapter, the term 'public guardian' means an individual or private entity, including a nonprofit entity, who meets the qualifications required in this chapter and has registered with and been duly approved by the probate court to serve as a public guardian of an adult pursuant to Code Section 29-4-3.
29-10-2. When appointed pursuant to subsection (b.1) of Code Section 29-4-3, a public guardian is authorized to take the oath of guardianship before the judge of any probate court of this state. In the event of a public guardian that is a private entity, the employee or agent of such entity who will have direct contact with the ward shall take the oath required by this Code section.
29-10-3. (a) To be eligible to serve as a public guardian, an individual must:
(1) Be at least 18 years of age; (2) Submit to a criminal background check with satisfactory results as prescribed by the Division of Aging Services of the Department of Human Resources; (3) Submit to an investigation of the individuals credit history as prescribed by the Division of Aging Services of the Department of Human Resources; (4) Attend and complete at least 20 hours of training approved by the Division of Aging Services of the Department of Human Resources, including but not limited to training conducted by such division, a professional association, or by the probate court; (5) Demonstrate competency, education, and experience in guardianships, social work, or case management; and fiduciary integrity to perform the duties of a public guardian; (6) Demonstrate competency and ability to carry out the values of the ward; and (7) Agree to abide by the provisions of this chapter and to serve when appointed as public guardian without the ability to decline, except as provided for in Chapter 4 of this title. (b) To be eligible to serve as a public guardian, an entity must:

TUESDAY, MARCH 22, 2005

2007

(1) Maintain an appropriate level of liability insurance covering all employees and agents who will have direct contact with a ward in an amount or amounts approved by the probate court; (2) Maintain a record for each employee and agent who will have direct contact with a ward and ensure that each such employee and agent submits to and meets the requirements of subsection (a) of this Code section; (3) Submit to an investigation of the entitys financial records; and (4) Agree to abide by the provisions of this chapter and to serve when appointed as public guardian without the ability to decline, except as provided for in Chapter 4 of this title. (c) An individual or entity shall submit all required documentation as specified by the probate court to show that such individual or entity and such entitys employees and agents meet the requirements of this Code section. (d) After completion of the initial training, a public guardian or employee or agent of a public guardian who will have direct contact with a ward, if an entity, must complete at least 20 additional hours of training every two years. The initial and subsequent training shall include, but not be limited to, instruction in: (1) Basic principles of guardianship; (2) Rights of the ward; (3) Alternatives to guardianship; (4) Court procedures; (5) Legal duties, responsibilities, and roles of guardians; (6) Fiduciary responsibilities, record keeping, reporting, administrative duties, intake process, and planning; (7) Availability of resources, public benefits, and social services; (8) Health care and end-of-life planning; (9) Mental, developmental, and physical disabilities; (10) Communications; (11) Case management; and (12) Property management. (e) Any costs incurred by a public guardian to comply with these requirements shall be at the expense of the individual or private entity and shall not be paid with the assets of any ward.
29-10-4. (a) An individual who meets the requirements of Code Section 29-10-3 may be registered as a public guardian in the probate court of the county in which he or she is domiciled upon approval by the probate court. Such individual may also be registered in the probate court of other counties within a reasonable distance of the county in which he or she is domiciled as approved by such other probate courts. (b) A private entity that meets the requirements of Code Section 29-10-3 may be registered as a public guardian in the probate court of any county upon approval by such probate court.

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(c) The probate court of a county shall have the sole discretion regarding the approval and registration of public guardians. Each probate court shall maintain a list of public guardians who have been registered and approved in its county. The Division of Aging Services of the Department of Human Resources shall maintain a master list of registered public guardians throughout the state; and the probate courts shall submit, on January 1 and July 1 of each year or more often as required by the division, the list of registered public guardians in each county to the Division of Aging Services. (d) The Division of Aging Services of the Department of Human Resources shall develop a standard form that may be used by probate courts in registering public guardians.
29-10-5. A public guardian shall give bond with good security, to be judged by the court, in a sum of not less than $10,000.00. The bond shall be payable to the court for the benefit of all concerned. It shall be attested by the judge or clerk of the court and shall be conditioned upon the faithful discharge of the public guardians duty as such, as required by law. Actions on the bond may be brought by any person aggrieved by the misconduct of the public guardian as provided by law for actions on the bonds of other guardians.
29-10-6. The court shall grant to the public guardian separate letters of guardianship upon each appointment. The public guardian shall be subject to all liabilities and entitled to all the rights and emoluments provided for other guardians and shall be governed by the law provided for other guardians.
29-10-7. (a) A public guardian shall keep and maintain proper financial, case control, and statistical records on all matters in which the public guardian serves as guardian. (b) No report or disclosure of the wards personal or medical records shall be made except as required or authorized by law. (c) A public guardian shall file an annual report with the probate court on the operations of the public guardian for the preceding year, in writing, by August 1. (d) Within six months of appointment as a public guardian, such public guardian shall submit to the probate court for placement in the wards guardianship file a report on the public guardians efforts to locate a family member or friend or other individual included in subsection (b) of Code Section 29-4-3 to act as the guardian of the ward and a report on the wards potential to be restored to capacity. (e) The public guardian or employee or agent of a public guardian, if a private entity, shall visit the ward at least four times per year and more often as necessary. (f) A public guardian who is an individual shall serve no more than five wards at any one time. A public guardian that is an entity shall serve no more than 30 wards at any one time. In the discretion of the probate court, these maximum ratios may be increased

TUESDAY, MARCH 22, 2005

2009

or decreased for a particular public guardian, in light of all relevant circumstances. (g) Public guardians, county guardians, and conservators shall be required to work cooperatively together when appointed for the same ward.
29-10-8. (a) The probate court may require a public guardian to give additional security on the bond or to give an additional bond with security. The court shall have the authority to fix the amount of the bond and shall cite the public guardian to appear and show cause, if any, why the additional bond or security should not be given. (b) If upon the hearing the public guardian fails to show good cause why the additional bond or additional security should not be given, the court shall issue an order fixing the amount of the bond and direct the public guardian to give additional security on or before a certain date, which date shall be within 30 days of the date of the order. (c) Should the public guardian fail, refuse, or neglect to give additional bond or additional security on or before the date fixed in the order of the court and fail to show good cause why further time should be allowed, it shall be the duty of the court to remove the public guardian and to appoint another public guardian for the unexpired term of office. The order of removal shall be recorded as provided for the order of appointment.
29-10-9. The court may, for good cause shown, revoke the letters of guardianship of the public guardian, require additional security on the public guardians bond, or issue any other order as is expedient and necessary for the good of any particular guardianship in the hands of the public guardian.
29-10-10. Public guardians shall receive compensation for their services in accordance with the provisions of Chapter 4 of this title. However, for wards who have insufficient resources or income to pay the compensation provided for in Chapter 4 of this title, at the discretion of the probate court judge, a request for payment for the public guardian to the Division of Aging Services of the Department of Human Resources, as provided for in Code Section 29-10-11, shall be made. A public guardian shall be paid the compensation provided for in Chapter 4 of this title pursuant to Code Section 29-10-11 to the extent that the available funds can meet that expense or, at the discretion of the judge, the public guardians actual expenses may be reimbursed from the funds pursuant to Code Section 29-10-11.
29-10-11. (a) The General Assembly is authorized to appropriate state funds, by line item appropriation, for the purpose of providing compensation to public guardians for services to wards who have insufficient resources or income to pay the compensation provided for in Chapter 4 of this title.

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(b) Any such funds appropriated shall be administered by the Division of Aging Services of the Department of Human Resources and paid, if funds are available, upon submission of appropriate documentation by the probate court pursuant to Code Section 29-10-10.
SECTION 6. Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to the protection of disabled adults and elder persons, is amended by striking paragraph (5) of Code Section 30-5-3, relating to definitions, and inserting in its place the following:
(5) 'Director' means the director of the county department of family and children services Division of Aging Services of the Department of Human Resources, or the directors designee, in the county in which the disabled adult or elder person resides or is present.
SECTION 7. Said chapter is further amended by striking subsections (a) and (h) of Code Section 30-55, relating to investigation of reports of need for protective services, and inserting in their respective places the following:
(a) Any director receiving When the director receives a report that a disabled adult or elder person is in need of protective services, he or she shall conduct or have conducted a prompt and thorough investigation to determine whether the disabled adult or elder person is in need of protective services and what services are needed. The investigation shall include a visit to the person and consultation with others having knowledge of the facts of the particular case. Within ten days after receipt of the report, the director shall acknowledge receipt of the report, in writing, to the person making the report. (h) Notwithstanding any other provisions of this Code section, if any the director or adult protection agency employee receives a report or gains knowledge that a disabled adult or elder person is in need of protective services and such disabled adult or elder person may be in imminent danger resulting from abuse, exploitation, or neglect, the director or designee of the director may file a petition with the probate or superior court stating the grounds on which the director or designee of the director believes that the disabled adult or elder person may be in imminent danger and seeking immediate access to such person. The judge, in his or her discretion, may issue an ex parte order requiring the caretaker or any other person at the place where the disabled adult or elder person resides to afford an adult protection agency employee immediate access to such person to determine the persons well-being. If the adult protection agency employee is denied access to the disabled adult or elder person, the employee shall contact immediately a law enforcement officer to assist the employee in enforcing such order. Any person willfully violating any order issued pursuant to this subsection shall be in contempt of the court issuing such order and may be punished accordingly by the judge of the court. The adult protection agency employee shall conduct a brief investigation to determine the condition of the disabled adult or elder person.

TUESDAY, MARCH 22, 2005

2011

SECTION 8. 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, is amended by striking subsection (g) and inserting in its place the following:
(g) Each resident shall be discharged from a facility after the resident or guardian gives the administrator or person in charge of the facility notice of the residents desire to be discharged and the date of the expected departure. Where the resident appears to be incapable of living independently of the facility, the facility shall notify the county department of family and children services Department of Human Resources in order to obtain social or protective assistance for the resident immediately. The notice of the discharge by the resident or guardian, the expected and actual date thereof, and notice to the department, where required, shall be documented in the residents records. Upon such discharge and, if required, notice to the department, the facility is relieved from any further responsibility for the residents care, safety, or well-being.

SECTION 9. (a) Sections 1 through 5 of this Act shall become effective on July 1, 2005, and all appointments of guardians of the person made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provisions of this Act. (b) Sections 6 through 10 of this Act shall become effective on July 1, 2005.

SECTION 10. 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 Y Carter Y Chance Y Chapman
Douglas Y Fort

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

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

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

Y Pearson Y Powell Y Reed Y Rogers Y Schaefer E Seabaugh Y Seay
Shafer,D

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

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

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

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

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 House amendment was as follows:

Representatives O'Neal of the 146th et al. move to amend SB 43 as follows:

On page 1, delete lines 13, 14 and 15, and renumber accordingly.

Senator Wiles of the 37th moved that the Senate agree to the House amendment to SB 43.

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
Johnson (PRS) Y Jones Y Kemp E Me V Bremen

Y Smith Y Starr Y Staton
Stephens E Stoner Y Tate Y Thomas,D Y Thomas,R

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2013

Y Chapman Douglas
Y Fort Y Goggans Y Golden
Grant 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 E 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
Zamarripa

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 43.

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

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 House substitute was as follows:

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 60 days after the indebtedness is incurred; 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 33-31-7 of the Official Code of Georgia Annotated, relating to issuance of policy or certificate of credit life insurance, is amended by striking subsection (d) and

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inserting in lieu thereof a new subsection (d) to read as follows: (d) If the individual policy or group certificate of insurance is not delivered to the debtor at the time the indebtedness is incurred and if an identifiable charge is made to him or her for credit life insurance or credit accident and sickness insurance, a copy of the application for the policy signed by the debtor or a notice of proposed insurance setting forth the name and home office address of the insurer, the name or names of the debtor, the rate or amount of premium separately in connection with credit life insurance and credit accident and sickness insurance coverage, and a brief description of the coverage provided shall be delivered to the debtor at the time the indebtedness is incurred. The copy of the application or the notice of proposed insurance shall refer exclusively to insurance coverage and shall be separate and apart from the loan, sale, or other credit statement of account, instrument, or agreement unless the information required by this subsection is prominently set forth in the application or the notice of proposed insurance. Upon acceptance of the insurance and within 30 60 days of the date upon which the indebtedness is incurred, the insurer shall cause the individual policy or group certificate of insurance to be delivered to the debtor. The application or notice of proposed insurance shall state when the insurance shall become effective, which shall be determined as provided in Code Section 33-31-5.

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 Rogers of the 21st moved that the Senate agree to the House substitute to SB 166.

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

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

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

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2015

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

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

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

On the motion, the yeas were 45, nays 5; the motion prevailed, and the Senate agreed to the House substitute to SB 166.

Senator Unterman of the 45th asked unanimous consent that HB 394 be immediately transmitted to the House.
The consent was granted and HB 394 was immediately transmitted.

Senator Staton of the 18th asked unanimous consent that Senator Stephens of the 27th be excused. The consent was granted, and Senator Stephens was excused.

Senator Jones of the 10th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused.

The Calendar was resumed.

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

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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.

Senate Sponsor: Senator Wiles of the 37th.

Senator Zamarripa of the 36th offered the following amendment:

Amend HB 678 by inserting on line 21 before the period "unless the school has a policy to restrict prayer."

Senator Zamarripa of the 36th 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 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 N 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
Johnson (PRS) Y Jones Y Kemp E 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 E Stephens E 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 49, nays 1.

HB 678, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 22, 2005

2017

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 816. By Representatives Maddox of the 172nd and Keown of the 173rd:
A BILL to be entitled an Act to reincorporate and provide a new charter for the City of Cairo in Grady County, Georgia; to provide for 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, 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 boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city manager, and other personnel; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
HB 826. By Representative Lord of the 142nd:
A BILL to be entitled an Act to amend an Act providing for a board of commissioners of Jefferson County, approved February 23, 1984 (Ga. L. 1984, p. 3627), as amended, so as to provide conditions for the board of commissioners to convey title to or lease county-owned real property which is being used as a solid waste landfill; to provide for related matters; to repeal conflicting laws; and for other purposes.
The House has agreed to the Senate substitute to the following Bill of the House:
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,

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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.
The President resumed the Chair.
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.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend provisions of the Official Code of Georgia Annotated, relating to recreational vehicles; to amend Part 1 of Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, 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 Official Code of Georgia Annotated, 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

TUESDAY, MARCH 22, 2005

2019

substantial change to a sales area; to provide for repurchase of inventories by the grantor or warrantor upon termination of a dealership; to provide that it is illegal for a grantor or warrantor to coerce a dealer to purchase its parts or accessories; to provide that a grantor or warrantor must approve a sale of a dealership if the terms are reasonable; to provide for succession of the dealership to the dealers named beneficiaries; to provide for warranty obligations; to provide for dispute resolution; to provide for applicability; 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 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to general considerations regarding motor vehicle franchises, is amended by striking paragraph (10) of Code Section 10-1-622, relating to definitions relative to motor vehicle franchises, and inserting in its place the following:
(10) 'Motor vehicle' means every self-propelled vehicle intended primarily for use and operation on the public highways, except farm tractors and other machines and tools used in the production, harvesting, and care of farm products, and except construction equipment, and recreational vehicles as defined in paragraph (5) of subsection (a) of Code Section 10-1-679.
SECTION 2. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by inserting a new Article 22B to read as follows:
ARTICLE 22B 10-1-679. (a) As used in this article, the term:
(1) 'Community of interest' means a continuing financial interest between the grantor and the grantee in either the operation of the dealership business or the marketing of such goods or services. (2) 'Franchise' means an oral or written agreement for a definite or indefinite period of time in which a manufacturer grants to a recreational vehicle dealer permission to use a trade name, service mark, or related characteristic and in which there is a community of interest in the marketing of recreational vehicle products or services related thereto at wholesale or retail, whether by leasing, sale, or otherwise. (3) 'Grantor' means a person who grants a recreational vehicle dealership. (4) 'Person' means a natural person, partnership, joint venture, corporation, or other entity. (5) 'Recreational vehicle' means a vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use which either has its own motive power or is mounted on or towed by another vehicle. The basic entities are as follows: travel trailer, camping trailer, truck camper, motor home, park trailer,

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and fifth wheel travel trailer. (6) 'Recreational vehicle dealer' or 'dealer' means a person who is a grantee of a recreational vehicle dealership situated in Georgia. (7) 'Recreational vehicle dealership' means an established place of business engaged in the marketing of new recreational vehicle products or services related thereto at wholesale or retail, whether by leasing, sale, or otherwise, and which is marked by an appropriate permanent sign, a working telephone with a telephone number listed in the local phone directory, and which derives at least 75 percent of its revenue from the sale of new recreational vehicles and recreational vehicle related products and services. (8) 'Warrantor' means a person, firm, corporation, or business entity that gives a warranty in connection with a new recreational vehicle or parts, accessories, or components thereof. Such term does not include service contracts, mechanical or other insurance, or extended warranties sold for separate consideration by a dealer or other person not controlled by a manufacturer. (b) For purposes of this article when determining whether there is 'good cause' for a proposed action, the trier of fact shall consider: (1) The volume of the affected dealers business in the relevant market area; (2) The nature and extent of the dealers investment in its business; (3) The adequacy of the dealers service facilities, equipment, parts, supplies, and personnel; (4) The effect of the proposed action on the community; (5) The extent and quality of the dealers service under recreational vehicle warranties; and (6) The dealers performance under the terms of its franchise agreement.
10-1-679.1. (a) This article shall be liberally construed and applied to promote its underlying remedial purposes and policies. (b) The underlying purposes and policies of this article are:
(1) To promote the compelling interest of the public in fair business relations between recreational vehicle dealers and grantors and in the continuation of recreational vehicle dealerships on a fair basis; (2) To protect recreational vehicle dealers against unfair treatment by grantors who inherently have superior economic power and superior bargaining power in the negotiations of recreational vehicle dealerships; (3) To provide recreational vehicle dealers with rights and remedies in addition to those existing by contract or common law; and (4) To govern all franchise agreements for recreational vehicle dealerships, including any renewals or amendments, to the full extent consistent with the Constitutions of Georgia and the United States. (c) The effect of this article may not be varied by contract or agreement. Any contract or agreement purporting to do so is void and unenforceable to that extent only.

TUESDAY, MARCH 22, 2005

2021

10-1-679.2. The grantor shall designate in writing the area of sales responsibility assigned to a recreational vehicle dealer and shall not change such area nor establish another recreational vehicle dealer in the same area unless the grantor can show good cause for the addition of the new recreational vehicle dealer, including reasonable evidence that the market will support the establishment of a new dealership.
10-1-679.3. Sales of recreational vehicles by grantors or distributors shall be in accordance with published prices, charges, and terms of sale in effect at any given time.
10-1-679.4. No grantor, directly or through any officer, agent, or employee, may terminate, cancel, fail to renew, or substantially change the competitive circumstances, including the area of sales responsibility, of a recreational vehicle dealership agreement without good cause. The burden of proving good cause shall be on the grantor.
10-1-679.5. (a) Except as provided in this Code section, a grantor shall provide a recreational vehicle dealer at least 120 days prior written notice of termination, cancellation, nonrenewal, or substantial change in competitive circumstances and shall provide that the recreational vehicle dealer has 120 days in which to rectify any claimed deficiency. The notice shall state all the reasons for termination, cancellation, or nonrenewal and shall further state that if, within 30 days following the receipt of the grantors notice, the recreational vehicle dealer provides to the grantor a written notice to cure all claimed deficiencies, the recreation vehicle dealer shall then have 120 days from the date of the notice to rectify such deficiencies. If the deficiency is rectified within 120 days, the notice shall be void. The notice provisions of this Code section shall not apply if the reason for termination, cancellation, or nonrenewal is insolvency, the occurrence of an assignment for the benefit of creditors, or bankruptcy. (b) The 120 days notice shall be reduced to 30 days notice if the grounds for termination, cancellation, or nonrenewal is due to:
(1) Conviction or pleas of nolo contendere to a felony of a recreational vehicle dealer or one of its principal owners; (2) The business operation of the recreational vehicle dealer has been abandoned or closed for ten consecutive days, unless the closing is due to an act of God, strike, or labor difficulty or other cause over which the dealer has no control; (3) The suspension, revocation, or refusal to renew the recreational vehicle dealers license; or (4) A significant misrepresentation by the recreational dealer.
10-1-679.6. (a) If a recreational vehicle dealership franchise agreement is terminated, canceled, or

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not renewed by the grantor, the grantor, at the option of the recreational vehicle dealer, shall repurchase:
(1) All new, untitled recreational vehicle inventory acquired from the manufacturer within 12 months prior to the effective date of the termination, cancellation, or nonrenewal which has not been materially altered or substantially damaged. The grantor shall reimburse the dealer for 100 percent of the net invoice cost of such inventory, including transportation, less applicable rebates and discounts to the dealer. (2) All functioning diagnostic equipment, special tools, other equipment and machinery, accessories and proprietary parts, and signage as were required to meet the dealers service responsibilities in accordance with manufacturers guides and applicable customer service bulletins and signs sold under the recreational vehicle dealership agreement. (b) The manufacturer shall reimburse the dealer for 100 percent of the current net prices as published in the manufacturers current price lists or catalogs on accessories and parts, including superseded parts, provided it was purchased by the dealer within five years before termination and can no longer be used in the normal course of the dealers business, plus 5 percent of the current net price of all manufacturers accessories and parts returned to compensate the dealer for handling, packing, and loading the parts, plus the cost of freight to return said parts. The grantor shall pay the dealer within 30 days of receipt of the returned items. This Code section shall apply only to merchandise with a name, trademark, label, or other mark on it which identifies the grantor or with proof of purchase from the grantor.
10-1-679.7. It shall be unlawful for any grantor, directly or through any officer, agent, or employee:
(1) To coerce, or attempt to coerce, any dealer to accept delivery of any parts or accessories or any other commodities which have not been ordered by such dealer; or (2) To coerce, or attempt to coerce, any dealer to enter into an agreement with such grantor or do any other act unfair to such dealer by threatening to cancel any recreational vehicle dealership franchise agreement existing between such grantor and such dealer.
10-1-679.8. It shall be unlawful for any grantor to prevent or refuse to approve the sale or transfer of the ownership of a recreational vehicle dealership by the sale of the business assets, stock transfer, or otherwise, or a change in executive management or principal operator of the dealership if the new owner, principal operator, or management is creditworthy, has not been convicted of a felony, and is properly licensed; the sale or transfer shall not result in a relocation of the business; and the sale or transfer is otherwise reasonable under the circumstances. The recreational vehicle dealer must give the manufacturer 30 days written notice prior to the closing of such agreement. If the manufacturer rejects a proposed change or sale, the manufacturer shall give written notice of its reasons to the recreational vehicle dealer within 30 days after receipt of the dealer notification and

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2023

complete documentation. If no such notice is given to the recreational vehicle dealer, the change or sale shall be deemed approved. The burden of proving that any sale or transfer is not reasonable shall be on the grantor.
10-1-679.9. (a) It shall be unlawful for any grantor to fail to provide a recreational vehicle dealer with an opportunity, at the time of signing a recreational vehicle dealership franchise agreement or at a reasonable time thereafter, to designate a member of his or her family as a successor to the dealership in the event of the death, incapacity, or retirement of the dealer. A dealer may from time to time during the term of the franchise agreement change the beneficiary by providing a written notification to the manufacturer. (b) It shall be unlawful to prevent or refuse to honor the succession to a dealership by a family member of the deceased, incapacitated, or retired dealer unless the grantor has provided to the family member so designated written notice of its objections. The burden of proving that such transfer is not reasonable shall be on the grantor. (c) Grounds for objection shall be lack of creditworthiness, conviction of a felony, inability to obtain necessary and required licenses by the beneficiary, lack of required licenses, or other conditions which make such succession unreasonable under the circumstances, but the grantor shall bear the burden of proving the unreasonableness of such succession. No family member of the deceased, incapacitated, or retired dealer may succeed to a recreational vehicle dealership unless the succession to the recreational vehicle dealership will not involve, without the grantors consent, a relocation of the business.
10-1-679.10. (a) Each grantor or warrantor, where applicable, shall specify in writing to each of its recreational vehicle dealers licensed in Georgia the dealers obligation for preparation, delivery, and warranty service on its products; shall compensate the dealer for warranty service required of the dealer by the grantor or warrantor; and shall provide the dealer the schedule of compensation to be paid to such dealers for parts, work, and service in connection with warranty service and the time allowances for the performance of such work and service. In no event shall such schedule of compensation fail to include reasonable compensation for diagnostic work as well as repair service and labor. (b) Time allowances for the diagnosis and performance of warranty work and service shall be reasonable and adequate for the work to be performed. In the determination of what constitutes reasonable compensation under this Code section, the principal factors to be considered shall be the actual wage rates being paid by the dealer and the actual retail labor rates being charged by the dealer in the community in which the dealer is doing business. In no event shall such compensation of a dealer for warranty labor be less than the retail rates charged by the dealer for like service to retail customers for nonwarranty labor and repairs as long as such rates are reasonable. (c) A grantor or warrantor, where applicable, shall reimburse the dealer for warranty parts at actual wholesale costs plus a minimum 30 percent handling charge and the cost,

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if any, of freight to return warranty parts to the grantor or warrantor. Warranty audits of dealer records may be conducted by the grantor or warrantor, where applicable, on a reasonable basis. A grantor or warrantor, where applicable, must disapprove warranty claims in writing within 30 days of the date of submission by the dealer in the manner and form prescribed by the grantor or warrantor. Claims not specifically disapproved in writing within this 30 day period shall be construed to be approved and shall be paid within 45 days. (d) Dealer claims for warranty compensation shall not be denied except for good cause, such as performance of nonwarranty repairs, lack of material documentation, fraud, or misrepresentation. Claims for dealer compensation must be submitted within 45 days of completing the work. The dealer must notify the warrantor verbally or in writing if the dealer is unable to promptly perform material or repetitive warranty repairs. All claims shall be paid within 30 days of dealer submission or rejected in writing for stated reasons. (e) It shall be a violation of this article for any grantor or warrantor, where applicable, to:
(1) Fail to perform any of its warranty obligations with respect to a recreational vehicle and recreational vehicle components; (2) Fail to assume all responsibility for any liability resulting from structural or production defects; (3) Fail to include written notices of factory recalls to vehicle owners and dealers and the expected date by which necessary parts and equipment will be available to dealers for the correction of such defects. The grantor or warrantor, where applicable, may ship parts in quantity to the dealer to effect such campaign work, and if such parts are in excess of the dealers requirements, the dealer may return unused parts to the grantor or warrantor for credit after completion of the campaign; (4) Fail to compensate any of its recreational vehicle dealers licensed in Georgia for repairs effected by such dealer of merchandise damaged in manufacture or transit to the dealer where the carrier is designated by the grantor, factory branch, distributor, or distributor branch; (5) Fail to compensate its recreational vehicle dealers licensed in this state for warranty parts, work, and service in accordance with the schedule of compensation provided the dealer pursuant to subsection (a) of this Code section if performed in a timely and competent manner, or for legal costs and expenses incurred by such dealers in connection with warranty obligations for which the grantor or warrantor, where applicable, is legally responsible or which the grantor or warrantor imposes upon the dealer; (6) Misrepresent in any way purchases of recreational vehicles that contain warranties with respect to the manufacture, performance, or design of the vehicles which are made by the dealer, either as warrantor or co-warrantor; or (7) Require the dealer to make warranties to customers in any manner related to the manufacture of a recreational vehicle. (f) Notwithstanding the terms of any agreement, it shall be a violation of this article for

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any grantor or warrantor, where applicable, to fail to indemnify and hold harmless its recreational vehicle dealers against any losses or damages arising out of claims, costs, judgments, and expenses, including reasonable attorneys fees, or suits relating to the manufacture, assembly, or design of recreational vehicles, parts, or accessories, or other functions by the grantor or warrantor beyond the control of the dealer, including, without limitation, the selection by the grantor or warrantor, where applicable, of parts or components for the recreational vehicle or any damages to merchandise occurring in transit to the dealer where the carrier is designated by the grantor or warrantor. The dealer shall give notice to the grantor or warrantor of pending suits in which allegations are made which come within this subsection whenever reasonably practicable to do so. Any recreational vehicle dealer franchise agreement issued to, amended, or renewed for recreational vehicles in Georgia on or after July 1, 2005, shall be deemed to incorporate provisions consistent with the requirements of this subsection. (g) On any new recreational vehicle, any uncorrected and significant damage, or any corrected damage exceeding 5 percent of the manufacturers suggested retail price or $500.00 or more in paint damage, must be disclosed to the dealer in writing prior to delivery. Factory mechanical repair and damage to glass, tires, and bumpers is excluded from disclosure when properly replaced by identical manufacturers or distributors original equipment or parts. (h) Whenever a new recreational vehicle is damaged in transit when the carrier or means of transportation is determined by the manufacturer or distributor or whenever a recreational vehicle is otherwise damaged prior to delivery to the recreational vehicle dealer or if a new recreational vehicle is found to have substantial box or chassis defects upon arrival at the recreational vehicle dealership, the dealer must notify the grantor or distributor of such damage or such defects within three business days from the date of delivery or within a reasonable amount of additional time or such time as specified in the recreational vehicle dealership franchise agreement and either:
(1) Request from the grantor, warrantor, or distributor authorization to replace the components, parts, and accessories damaged or otherwise correct the damage; or (2) Reject the vehicle within the three day grace period. If the dealer exercises the option to refuse delivery of the vehicle, the recreational vehicle grantor must immediately repurchase such vehicle. (i) If the grantor, warrantor, or distributor refuses or fails to authorize repair of such damage within ten days after receipt of notification or if the dealer rejects a recreational vehicle because of damage, ownership of the new recreational vehicle shall revert to the grantor or distributor and the recreational vehicle dealer shall have no obligations, financial or otherwise, with respect to such recreational vehicle. (j) It shall be a violation of this article for any recreational vehicle dealer to: (1) Fail to perform predelivery inspection functions, if required, in a competent and timely manner; (2) Fail to perform warranty service work, authorized by the vehicle warrantor, in a reasonably timely and competent manner on any transient customers vehicle of the same line-make, whether sold by that dealer or not;

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(3) Intentionally misrepresent the terms of any warranty. (k) All grantors, warrantors, and distributors of recreational vehicle components shall be subject to the provisions of this article.
10-1-679.11. If any grantor or warrantor violates this article, a recreational vehicle dealer may bring an action against such grantor or warrantor in a court of competent jurisdiction in the county of the recreational vehicle dealer for damages sustained as a consequence of the grantors or warrantors violation, together with the actual costs of the action including reasonable attorneys fees, and the dealer also may be granted injunctive relief against unlawful termination, cancellation, nonrenewal, or substantial change of competitive circumstances and refusal to permit transfer of ownership in accordance with Code Sections 10-1-679.2 and 10-1-679.3.
10-1-679.12. In any action brought by a recreational vehicle dealer against a grantor or warrantor under this article, any violation of this article by the grantor or warrantor shall be deemed an irreparable injury to the recreational vehicle dealer for determining if a temporary injunction should be issued.
10-1-679.13. It shall be unlawful for a grantor to establish a new recreational vehicle dealership unless the dealer meets the requirements and definitions provided in this article.
10-1-679.14. It shall be unlawful for any dealer to sell or distribute any new recreational vehicle in Georgia unless the dealer has a franchise dealership agreement with a grantor with the express right to sell or distribute recreational vehicles in Georgia and meets the requirements and definitions provided in this article. Any dealer who does not meet the requirements of this article may participate in events where recreational vehicles are exhibited or demonstrated and seminars are provided but shall be prohibited from contracting to sell or distribute recreational vehicles to the public. Notwithstanding the foregoing, this section shall not apply to the sale of recreational vehicles at events sponsored by a Georgia based recreational vehicle grantor with manufacturing facilities located in the state, where recreational vehicles are sold or contracted for by its franchised out-of-state recreational vehicle dealers.
10-1-679.15. Any person who violates the provisions of this article shall be guilty of a misdemeanor.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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Senator Whitehead of the 24th moved that the Senate agree to the House substitute to SB 155.

On the motion, 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
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 E 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 Y Starr Y Staton E Stephens E 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 motion, the yeas were 47, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 155.

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 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

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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.

The House has disagreed to the Senate amendments to the following Bill of the House:

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.

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

HB 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 Speaker has appointed on the part of the House, Representatives Burmeister of the 119th, Ralston of the 7th and Knox of the 24th.

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

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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.

Senator Hill of the 32nd moved that the Senate insist on its substitute to HB 36.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 36.

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

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.
Senator Cagle of the 49th moved that the Senate insist on its amendments to HB 282.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate insisted on its amendments to HB 282.

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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 adhere to its amendment to HB 188 and that a Conference Committee be appointed.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following Senators: Rogers of the 21st, Smith of the 52nd and Thompson of the 33rd.

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

Mr. President:

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

HB 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.

Senator Butler of the 55th asked unanimous consent that Senator Thomas of the 2nd be excused. The consent was granted, and Senator Thomas was excused.

The Calendar was resumed.

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2031

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.
Senate Sponsor: Senator Kemp of the 46th.
The Senate Public Safety and Homeland Security Committee offered the following substitute to HB 367:
A BILL TO BE ENTITLED AN ACT
To amend provisions of the Official Code of Georgia Annotated relating to motor vehicles and drivers; to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to change the requirements regarding replacement of license plates on private and governmental motor vehicles; to increase the license fee on governmental vehicles; to provide for disposition of the license fee on governmental vehicles; to remove the provisions regarding five-year license plates on governmental vehicles; to change the requirements as to destruction of tags from governmental vehicles; 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 provide that driver training schools must be licensed and in operation for two years before being authorized to conduct onthe-road driving tests; to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of licenses to persons completing a defensive driving course or alcohol or drug program, so as to provide for approval of a driver improvement clinics curriculum; to provide for certificates of completion; to delete references to advanced defensive driving courses; to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to commercial drivers licenses, so as to change definitions; to require applicants for a hazardous materials endorsement to successfully complete a security threat assessment; to provide for nonresident commercial drivers licenses; to provide penalties for violations; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to enact Chapter 12A to provide for licensing of ignition interlock device provider centers; to provide a short title; to provide for definitions; to provide for certain requirements for operators of ignition interlock device provider centers; to provide for a misdemeanor offense; to provide for rules and standards to be set by the commissioner of motor vehicle safety; to amend Chapter 13 of Title 43 of the Official

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Code of Georgia Annotated, relating to instructors in driver training and operators of driver training schools, so as to provide definitions; to provide exceptions from the provisions of the chapter; to regulate licensing of driver training schools; to provide for insurance and bonds for driver training school operators; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, is amended by striking subsections (b), (b.1), and (c) of Code Section 40-2-31, relating to design and replacement of license plates on private vehicles, and inserting in their place the following:
(b) Such license plates shall be of metal at least six inches wide and not less than 12 inches in length, except motorcycle license plates which shall be at least four inches wide and not less than seven inches in length, and shall show in bold characters the month and year of registration expiration, the serial number, and either the full name or the abbreviation of the name of the state, shall designate the county from which the license plate was issued, and shall show such other distinctive markings as in the judgment of the commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued; and any license plate for a low-speed vehicle shall designate the vehicle as such. Such plates may also bear such figures, characters, letters, or combinations thereof as in the judgment of the commissioner will to the best advantage advertise, popularize, and otherwise promote Georgia as the 'Peach State.' The metal shall be of such strength and quality that the plate shall provide a minimum service period of at least five years. Every five years a new metal license plate shall be provided by the commissioner for issuance. Metal license plates issued on or after January 1, 1997, shall be used for a period of five years. The commissioner shall adopt rules and regulations, pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for the design and issuance of new metal license plates and to implement the other provisions of this Code section. (b.1) Any valid license plate or revalidation decal assigned to a vehicle under former provisions of this Code section prior to May 1, 1997, shall be deemed issued to the current registrant of such vehicle on May 1, 1997. (c) The face of the license plate to be displayed shall be treated completely with a retroreflective material which will increase the nighttime visibility and legibility of the plate. The Office of Highway Safety department shall prepare the specifications which such retroreflective material shall meet.
SECTION 2. Said article is further amended by striking Code Section 40-2-37, relating to registration and licensing of governmental motor vehicles, and inserting in its place the following:

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40-2-37. (a) All vehicles of the type required to be registered by Code Section 40-2-20 owned by the State of Georgia or any municipality or other political subdivision of this state and used exclusively for governmental functions, except those employed in secret investigatory police functions to which regular Georgia license plates are issued, shall be registered with the commissioner by the fiscal officers or other proper officials of the respective departments and agencies of the state, municipality, or political subdivision to which such vehicles belong prior to operation and use thereof. Such registration shall be made upon forms prescribed and prepared by the commissioner for such purpose and shall contain a brief description of the vehicle to be registered; its name and model; the name of the manufacturer; the manufacturers vehicle identification number; the department, agency, political subdivision, or branch thereof to which such vehicle is to be registered; and such other information as to use and identity as the commissioner may require. Upon the filing of the properly executed application for registration, the commissioner, upon being satisfied that such vehicle is bona fide owned by the state or a municipality or political subdivision thereof and is to be used exclusively for governmental functions, shall issue, upon payment by such applicant of a license fee of $1.00 $3.00, a license plate which shall be displayed upon such vehicle in the same manner as provided for private vehicles. The license fee, less the actual manufacturing cost of the plates which shall be retained by the department, shall be deposited in the general fund of the state treasury. Such license plates shall be replaced at such time as other license plates issued for private vehicles are required to be replaced. (b) For all vehicles owned by the State of Georgia or any municipality or other political subdivision of this state, except those vehicles employed in covert or secret investigatory police functions to which regular Georgia license plates are issued and those vehicles owned by the Department of Public Safety, the commissioner shall provide for five-year registration and issuance of regular license plates for such vehicles. The five-year license plates issued pursuant to this subsection shall be identical in appearance to regular license plates issued for private vehicles, except that such five-year license plates shall not display any year of registration or registration expiration. Such license plates may be transferred as provided for in subsection (d) of this Code section. Such five-year license plates shall be issued at the beginning of a five-year license period as for private vehicles or shall be issued at the time the vehicle is purchased by the state, and all such license plates shall expire at the same time as regular license plates. (c) All license plates issued to government vehicles pursuant to this Code section shall be marked in such a manner as to indicate the specific type of governmental unit operating the vehicle. These markings shall be prominently displayed and shall consist of one of the following appropriate legends: 'STATE,' 'CITY,' 'COUNTY,' 'AUTHORITY,' or 'BOARD.' In addition, each such license plate shall bear a county identification strip indicating the county in which the vehicle is based except that vehicles owned by the state shall not be required to bear such county identification

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strip. (d) Any such license plates shall remain displayed and affixed upon such vehicle so long as such vehicle continues to be owned by the state or such municipality or political subdivision and used exclusively for governmental functions. Upon cessation of either such ownership or use, the license plate shall be removed from such vehicle and either destroyed by such agency or returned to the commissioner or the county tag agent for destruction. If a license plate has been destroyed by the agency, certification of such destruction shall be provided by the agency to the commissioner upon a form prepared and furnished for such purpose by the commissioner. In the event of a transfer of a vehicle to a department or agency, or branch thereof, other than the specific one to which such vehicle is registered, the commissioner shall be notified in writing by the department or agency from which the same is being transferred upon a form prepared and furnished for such purpose by the commissioner. Such transfer shall be recorded on the registration lists maintained by the commissioner. On due proof of loss of any such license plate, or of mutilation due to accidental or natural causes, another license plate may be issued upon application of the fiscal officer or other proper official of the department, agency, or political subdivision to which any such lost plate is registered. (e) No person, firm, or corporation owning or operating any such vehicle shall display upon the motor vehicle any license plate provided for in this Code section unless at the time of such ownership or operation such vehicle is properly registered under this Code section and is owned by the state or a municipality or political subdivision of this state and is being used exclusively for governmental purposes. Any person who violates this subsection shall be guilty of a misdemeanor. (f) This Code section shall apply to all vehicle license plates issued for governmental vehicles on and after January 1, 1996 2006.
SECTION 3. 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 subsection (e) of Code Section 40-5-27, relating to examination of applicants for drivers licenses, and inserting in its place the following:
(e) If the department determines that the pilot program provided for in subsection (d) of this Code section is successful, it shall authorize licensed driver training schools to conduct on-the-road driving tests as provided in this subsection. The department shall, prior to approving a licensed driver training school to conduct on-the-road driving tests as provided in this subsection, make a determination that the school has been licensed for a minimum of one year two years and has conducted driver education and adult education courses on a full-time basis for such one year two-year period and that such school meets all other standards which the department may establish as a condition for approval to conduct such tests. The department shall authorize a driver training school licensed pursuant to Chapter 13 of Title 43 and approved by the department to administer the testing provided for in this Code section, provided that the applicant has successfully completed a driver training course which includes a minimum of 30 class

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hours of instruction and six hours of private in-car training. The department may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any Class C or Class D drivers license under this Code section.
SECTION 4. Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of licenses to persons completing a defensive driving course or alcohol or drug program, is amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 40-5-83, relating to operation of driver clinics and programs, and inserting in their place the following:
(a)(1) The commissioner of motor vehicle safety shall establish criteria for the approval of driver improvement clinics. To be approved, a clinic shall provide and operate either a defensive driving course, an advanced defensive driving course, or a professional defensive driving course or any combination thereof to the department for approval, or notify the department of the clinics legal authority to use a currently approved curriculum or program, a curriculum consisting of a minimum of six hours of classroom theoretical instruction consisting of traffic safety related information designed for the improvement or remediation of an individuals knowledge of defensive driving techniques and traffic laws. Clinics shall be composed of uniform education and training programs consisting of six hours of instruction designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, qualifications of instructors, attendance requirements for students, and examinations. Approved clinics shall charge a fee of $75.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course; except that such clinics may charge different fees of their own choosing if the person is not enrolling in such course pursuant to court order or department requirement. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college. It shall be the responsibility of the clinic owner or operator to issue to each student who has passed the course a certificate of completion in the format prescribed by the department for reinstatement, points reduction, out of state reinstatement, or fulfilling a court order. The students stated purpose for taking the course shall be noted as required by the certificate of completion. Students who are taking a class for the purpose of insurance reduction only, without any additional purpose of reinstatement, points reduction, out of state reinstatement, or fulfilling a court order, shall be given a certificate of completion noting this purpose. A certificate of completion for insurance reduction only cannot be used for the purpose of reinstatement, points reduction, out of state reinstatement, or fulfilling a court order. Driver improvement clinics may be operated by any public, private, or governmental entity; provided, however, that in any county where a driver improvement clinic is operated by a private entity, no governmental entity shall be

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licensed to operate a driver improvement clinic. (2) The commissioner may issue a special license to the instructor of any commercial driver training school authorizing such instructor to teach a defensive driving course, advanced defensive driving course, or professional defensive driving course of a driver improvement clinic provided pursuant to this Code section if such instructor is qualified to teach a teen-age driver education course which consists of a minimum of 30 hours of classroom and six hours of behind-the-wheel training and such instructor certifies to the commissioner that he or she has provided at least 250 hours of behind-the-wheel training in a teen-age driver education course.
SECTION 5. Said article is further amended by striking subsections (b), (c), and (d) of Code Section 40-5-84, relating to reinstatement of licenses suspended for points, and inserting in their place the following:
(b) The license of any person whose license is suspended for the second time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is suspended, be reinstated by the department upon receipt by the department of a certificate of completion of an advanced a defensive driving course and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. (c) The license of any person whose license is suspended for the first time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an approved a defensive driving course and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. (d) The license of any person whose license is suspended for the second time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an advanced a defensive driving course and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail.
SECTION 6. Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to commercial drivers licenses, is amended by striking paragraphs (7), (9), and (22) of Code Section 40-5-142, relating to definitions regarding commercial drivers licenses, and inserting in their respective places the following:
(7) 'Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property:
(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

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(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 commercial vehicle operated by military personnel for military purposes, 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. 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.
(9) 'Conviction' means a an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the persons appearance in court, a plea of guilty or nolo contendere accepted by the court, a finding of guilt, or the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated.
(22) 'Serious traffic violation' means conviction of any of the following offenses when operating a commercial motor vehicle or a noncommercial motor vehicle:
(A) Speeding 15 or more miles per hour above the posted speed limit; (B) Reckless driving, as defined under state or local law; (C) Following another vehicle too closely, as defined under state or local law; (D) Improper or erratic lane change which presents a risk to any other vehicle, but not including failure to signal a lane change; (E) A violation, arising in connection with a fatal crash, of state law or a local ordinance, relating to motor vehicle traffic control, excluding parking, weight, length, height, and vehicle defect violations; (F) A railroad grade crossing violation as defined under state law or local ordinance; (G) Driving a commercial motor vehicle without obtaining a commercial drivers license; (H) Driving a commercial motor vehicle without a valid commercial drivers license in the drivers immediate possession; or (I) Driving a commercial motor vehicle without a commercial drivers license of the proper class and/or endorsements for the specific vehicle being operated or for the passengers or type of cargo transported.

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SECTION 7. Said article is further amended by adding a new paragraph (4) to subsection (c) of Code Section 40-5-147, relating to requirements for issuance of licenses, to read as follows:
(4) An applicant for a hazardous materials endorsement must successfully complete a security threat assessment conducted by the federal Transportation Security Administration or its agent prior to the issuance of such an endorsement.
SECTION 8. Said article is further amended by inserting a new Code section immediately following Code Section 40-5-148.1, relating to restricted commercial licenses for persons in the agricultural industry, to read as follows:
40-5-148.2. If an individual is domiciled in another state while that state is prohibited from issuing commercial drivers licenses in accordance with Title 49 C.F.R. Section 384.405, that individual is eligible to obtain a nonresident commercial drivers license. That individual shall provide the information specified in Code Section 40-5-149. The department shall promulgate rules and regulations as necessary to implement this Code section, in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' within 90 days of being notified that a state will be prohibited from issuing commercial drivers licenses.
SECTION 9. Said article is further amended by inserting a new subsection (e) in Code Section 40-5149, relating to contents of the application for a commercial drivers license, to read as follows:
(e) Before issuing a commercial drivers license, the department shall obtain driving record information through the Commercial Driver License Information System and the National Driver Register and shall request driving record information from each state in which the applicant has been licensed within the past ten years.
SECTION 10. Said article is further amended by striking subsection (h) of Code Section 40-5-150, relating to contents of a commercial drivers license, and inserting in its place the following:
(h) When applying for renewal of a commercial drivers license, the applicant shall complete the application form required by subsection (a) of Code Section 40-5-149, providing updated information and required medical certifications. If the applicant wishes to retain a hazardous materials endorsement, the written test for a hazardous materials endorsement must be taken and passed. In addition, an applicant for a hazardous materials endorsement must successfully complete a security threat assessment conducted by the federal Transportation Security Administration or its agent prior to the issuance of such an endorsement.

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SECTION 11. Said article is further amended by striking Code Section 40-5-151, relating to disqualification from driving and action required after suspending, revoking, or canceling license or nonresident privileges, and inserting in its place the following:
40-5-151. (a) Any person is disqualified from driving a commercial motor vehicle for a period of not less than one year:
(1) If convicted of a first violation of: (A) Any offense specified in Code Section 40-5-54 that occurs while the person is driving or being in actual physical control of a moving commercial motor vehicle or a moving noncommercial vehicle; (B) Driving or being in actual physical control of a moving commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in his or her blood, breath, or urine; or (C) Driving or being in actual physical control of a moving noncommercial vehicle in violation of Code Section 40-6-391; or (D) Driving while his or her license is suspended, revoked, or canceled or while he or she is otherwise disqualified from operating a commercial motor vehicle; or
(2) For refusal to submit to a test as prescribed in Code Section 40-5-55 to determine the drivers alcohol concentration while driving a commercial motor vehicle or a noncommercial motor vehicle. (b) Any person is disqualified from driving a commercial motor vehicle for a period of not less than three years if convicted of a first violation of using a commercial motor vehicle in the commission of a felony or for offenses specified in paragraph (1) of subsection (a) of this Code section, provided that the vehicle being operated or used in connection with such violation or commission of such felony is transporting a hazardous material required to be placarded under Section 105 of the Hazardous Material Transportation Act. (c) Any person is disqualified from driving a commercial motor vehicle for life if convicted of two or more violations of any of the offenses specified in subsection (a) of Code Section 40-5-54 or Code Section 40-6-391, the refusal to submit to state administered chemical testing as prescribed by Code Section 40-5-55, or any combination of those offenses or refusals, arising from two or more separate incidents. (d) The department may issue regulations establishing guidelines, including conditions, under which a disqualification for life under subsection (c) of this Code section may be reduced to a period of not less than ten years. The department is not authorized to make any other reduction in a term of disqualification or to issue a limited or other permit or license that would allow the operation of a commercial motor vehicle during the term of disqualification mandated by this Code section. (e) Any person is disqualified from driving a commercial motor vehicle for life who knowingly uses a commercial motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance.

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(f)(1) Except as otherwise provided by paragraph (2) of this subsection, any person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if convicted of two serious traffic violations or 120 days if convicted of three serious traffic violations committed in a commercial motor vehicle or a noncommercial motor vehicle arising from separate incidents occurring within a three-year period as measured from the dates of arrests for which convictions were obtained. (2) If the serious traffic violation committed in a commercial motor vehicle is a railroad grade crossing violation, the person shall be disqualified from driving a commercial motor vehicle for a period of not less than 60 days upon the first conviction within a three-year period as measured from the dates of arrests for which convictions were obtained, for not less than 120 days if convicted of two railroad grade crossing violations arising from separate incidents within a three-year period as measured from the dates of arrests for which convictions were obtained, or for not less than one year if convicted of three railroad grade crossing violations arising from separate incidents within a three-year period as measured from the dates of arrests for which convictions were obtained. (g) Any person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if it is determined, in a check of an applicants license status and record prior to issuing a commercial drivers license, or at any time after the commercial drivers license is issued, that the applicant has falsified information on his or her application or any related filing. (g)(h)(1) Any person is disqualified from driving a commercial motor vehicle based on the following violations of out-of-service orders:
(A) First violation -- a driver who is convicted of a first violation of an out-ofservice order is disqualified for a period of not less than 90 days and not more than one year; (B) Second violation -- a driver who is convicted of two violations of out-ofservice orders in separate incidents is disqualified for a period of not less than one year and not more than five years; and (C) Third or subsequent violation -- a driver who is convicted of three or more violations of out-of-service orders in separate incidents is disqualified for a period of not less than three years and not more than five years. (2) Any person is disqualified for a period of not less than 180 days nor more than two years if the driver is convicted of a first violation of an out-of-service order while transporting hazardous materials required to be placarded under Section 105 of the Hazardous Materials Transportation Act or while operating a commercial motor vehicle designed to transport more than 16 passengers, including the driver. A driver is disqualified for a period of not less than three years nor more than five years if during any ten-year period the driver is convicted of any subsequent violations of outof-service orders, in separate incidents, while transporting hazardous materials required to be placarded under Section 105 of the Hazardous Materials Transportation Act or while operating a commercial motor vehicle designed to transport more than

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16 passengers, including the driver. (3) Whenever the operator of a commercial motor vehicle is issued an out-of-service order, a copy of such order shall be issued to the operator of the commercial motor vehicle, the operator of the commercial motor vehicles employer, and a copy or notice of such out-of-service order shall be provided to the department. The form of such out-of-service order, the procedures for notifying the department upon the issuance of such an order, and other matters relative to the issuance of out-of-service orders and violations thereof shall be provided in rules and regulations promulgated by the commissioner. (h)(i) After suspending, revoking, or canceling a commercial drivers license, the department shall update its records to reflect that action within ten days. After suspending, revoking, or canceling a nonresident commercial drivers privileges, the department shall notify the licensing authority of the state which issued the commercial drivers license within ten days.
SECTION 12. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by inserting a new chapter to read as follows:
CHAPTER 12A 43-12A-1. This chapter shall be known and may be cited as the 'Ignition Interlock Device Providers Act.'
43-12A-2. As used in this chapter, the term:
(1) 'Department' means the Department of Motor Vehicle Safety acting directly or through its duly authorized officers and agents. (2) 'Ignition interlock device' means a constant monitoring device certified by the commissioner of motor vehicle safety which prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol concentration of the operator through the taking of a deep lung breath sample. The system shall be calibrated so that the motor vehicle may not be started if the blood alcohol concentration of the operator, as measured by the device, exceeds 0.02 grams or if the sample is not a sample of human breath. (3) 'Provider center' means a facility established for the purpose of providing and installing ignition interlock devices when their use is required by or as a result of an order of a court.
43-12A-3. No person shall operate a provider center or engage in the practice of providing, installing, or monitoring ignition interlock devices unless a license therefor has been secured from the department.

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43-12A-4. (a) Every person who desires to operate a provider center shall meet the following requirements:
(1) Maintain an established place of business in the state which is open to the public; (2) Maintain a general liability policy of insurance, including products and completed operations, with not less than $50,000.00 of combined single limits, with an insurance carrier authorized by the Commissioner of Insurance to write policies in the state. Evidence of such insurance coverage, in the form of a certificate from the insurance carrier, shall be filed with the department; and such certificate shall stipulate that the insurance shall not be canceled except upon ten days prior written notice to the department; (3) Provide a continuous surety bond in the principal sum of $10,000.00 for the protection of the contractual rights of individuals required to maintain an ignition interlock device in such form as will meet with the approval of the department and written by a company authorized to do business in this state; provided, however, that the aggregate liability of the surety for all breaches of the condition of the bond in no event shall exceed the principal sum of $20,000.00 per location, and a single bond at such rate for all locations separately licensed and operated by the same person may be provided in satisfaction of this paragraph. The surety on any such bond may cancel such bond on giving 30 days notice thereof in writing to the department and shall be relieved of liability for any breach of any condition of the bond which occurs after the effective date of cancellation; (4) Have the equipment and knowledge necessary to provide, install, and monitor ignition interlock devices as prescribed by the department; and (5) Pay to the department an application fee of $250.00. (b) The department shall conduct a records check for any applicant for certification as a provider center operator. Each applicant shall submit two sets of classifiable fingerprints to the department. The department shall transmit both sets of fingerprints to the Georgia Crime Information Center, which shall submit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain one set of fingerprints and promptly conduct a search of state records. After receiving a report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be licensed. The applicant shall be responsible for any fee or other charge allowed by law or rule or regulation promulgated by the department, the Georgia Crime Information Center, or the Federal Bureau of Investigation for the submission, processing, and review of such fingerprints. (c) No applicant shall be licensed or certified who does not meet the requirements set forth in Code Section 43-12A-6.
43-12A-5. (a) No provider center shall be permitted to use, adopt, or conduct any business under any name that is like or deceptively similar to any name of a Georgia corporation

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registered with the Secretary of State. (b) This Code section shall not prohibit the franchising or licensing of any part or all of the name of a provider center by the owner of the rights therein to another licensed provider center. (c) A judicial officer, probation officer, law enforcement officer, or other officer or employee of a court or any person employed by a private company which has contracted to provide private probation services for misdemeanor cases, or any employee of the Department of Motor Vehicle Safety or the Department of Human Resources, and any immediate family member thereof shall be prohibited from owning, operating, being employed by or acting as an agent or servant for, or having a financial interest in any provider center.
43-12A-6. Every person who desires to operate a provider center or to engage in the practice of providing, installing, or monitoring ignition interlock devices:
(1) Shall not have knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice the licensed business or profession; or made a false statement or deceptive registration with the board; (2) Shall not have been convicted of a second or subsequent violation of Code Section 40-6-391 within five years, 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; (3) Shall not have been convicted of any felony or of any crime involving theft, fraud, violence, or moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States. As used in this paragraph, the term 'felony' shall mean any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and the term 'conviction' shall mean a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; and (4) Shall not have been arrested, charged, and sentenced for the commission of any felony, or any crime involving theft, fraud, violence, or moral turpitude, where:
(A) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (B) An adjudication of guilt or sentence was otherwise withheld or not entered on the charge, except with respect to a plea of nolo contendere. The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime.
43-12A-7. (a) The department shall issue a license certificate to each provider center operator

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when such person has met the qualifications required under this chapter. Each provider center shall be required to have a separate license for each location, but mobile units operating out of a particular licensed location need not be separately licensed. (b) All licenses issued to operators of provider centers pursuant to this chapter shall be valid for four years from the date of issuance unless sooner canceled, suspended, or revoked under Code Section 43-12A-8. All licenses shall be renewed through the department as provided in subsection (d) of this Code section and shall be valid for four years from the date of renewal. (c) The license of each provider center operator may be renewed subject to the same conditions as the original license and upon payment of a fee of $100.00. (d) All applications for renewal of a provider center operators license shall be on a form prescribed by the department and must be filed with the department not more than 60 days nor fewer than ten days preceding the expiration date of the license to be renewed.
43-12A-8. The department may cancel, suspend, revoke, or refuse to renew any provider centers license upon good cause being shown and after ten days notice to the license holder if:
(1) The department is satisfied that the licensee fails to meet the requirements to receive or hold a license under this chapter; (2) The licensee permits fraud or engages in fraudulent practices, with reference to either the applicant or the department, or induces or countenances fraud or fraudulent practices on the part of any applicant for a drivers license or permit; (3) The licensee fails to comply with this chapter or any rule of the department made pursuant thereto; (4) The licensee represents himself or herself as an agent or employee of the department or uses advertising designed to lead, or which would reasonably have the effect of leading, persons to believe that such licensee is in fact an employee or representative of the department; (5) The licensee or any employee or agent of the licensee directly or indirectly solicits business by personal solicitation on public property or in any department, agency, or office of the state which involves the administration of any law relating to motor vehicles, whether by telephone, mail, or electronic communications. A violation of this paragraph shall be a misdemeanor. Advertising in any mass media, including, but not limited to, newspapers, radio, television, magazines, or telephone directories, by a provider center shall not be considered a violation of this paragraph; or (6) The drivers license of the licensee has been canceled, suspended, or revoked.
43-12A-9. (a) The commissioner of motor vehicle safety is authorized to prescribe, by rule, standards for the eligibility, conduct, and equipment required for a person to be licensed to operate a provider center and to adopt other reasonable rules and regulations to carry

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out this chapter. Notwithstanding the foregoing, violations that are minor in nature and committed by a person, firm, or corporation shall be punished only by a written reprimand unless the person, firm, or corporation fails to remedy the violation within 30 days, in which case an administrative fine, not to exceed $250.00, may be issued. (b) The commissioner of motor vehicle safety shall have the authority to assess, after a hearing, an administrative fine not to exceed $1,000.00 per violation against any provider center, agent, or employee that fails to comply with any requirement imposed by or pursuant to this chapter. (c) The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner of motor vehicle safety shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner of motor vehicle safety may file in the superior court:
(1) Wherein the person under order resides; (2) If such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) In the county wherein the violation occurred a certified copy of a final order of the commissioner of motor vehicle safety, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment, and any proceeding in relation thereto, shall have the same effect as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner of motor vehicle safety with respect to any violation of this chapter or any order, rules, or regulations promulgated pursuant to this chapter.
SECTION 13. Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors in driver training and operators of driver training schools, is amended by striking Code Section 43-13-2, relating to definitions applicable to driver training schools, and inserting in its place the following:
43-13-2. (a) As used in this chapter, the term:
(1) 'Certificate of completion' means a certificate prescribed by the department issued for the successful completion of an approved 30 hours of classroom instruction and six hours of behind-the-wheel training by a licensed driver training school. (3)(2) 'Commercial driver training school' means any person, partnership, limited liability company, or corporation giving driving instruction to ten or more persons per calendar year for hire for the purpose of assisting such persons to meet the

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requirements for licensed driving of Class A or Class B motor vehicles in this state. (1)(3) 'Department' means the Department of Motor Vehicle Safety acting directly or through its duly authorized officers and agents. (2)(4) 'Driver training schools school' means any person, partnership, limited liability company, or corporation giving driving instruction to ten or more persons per calendar year for hire for the purpose of assisting such persons to meet the requirements for licensed driving of Class C or Class M motor vehicles in this state, except for motorcycle operator safety training programs conducted by or on behalf of the Department of Motor Vehicle Safety pursuant to Chapter 15 of Title 40. The term shall also include any public school system offering a driver training course during the regular school day as part of a student curriculum at no cost to the student. (4)(5) 'Drivers license examiners' means examiners appointed by the Department of Motor Vehicle Safety for the purpose of giving drivers license examinations. (5)(6) 'Motor vehicle' means every vehicle which is self-propelled upon, or by which any person or property is or may be transported or drawn upon, a public highway except devices used exclusively upon stationary rails or tracks. (6)(7) 'Person' means every natural person, firm, partnership, limited liability company, association, corporation, or school. (b)(1) Except as otherwise provided in this subsection, the terms 'driver training school' and 'commercial driver training school' shall not include hospitals and state licensed rehabilitation centers offering a driver training course for the purpose of rehabilitating persons to maintain or obtain a Class C license; except that such facilities shall be required to file a memorandum of understanding with the commissioner of motor vehicle safety in the prescribed format of the department. (2) Any person offering a for hire defensive driving safety course for the purpose of providing training to assist persons to obtain a Class C or Class M license through means of behind-the-wheel training, simulator training, or a defensive driving safety course consisting of less than 30 hours of classroom instruction and six hours of behind-the-wheel training shall be required to obtain a limited license as a driver training school, register and identify all of its vehicles, and become subject to the same insurance requirements for a driver training school as outlined in Code Section 43-13-4. The commissioner of motor vehicle safety shall promulgate and adopt rules and regulations for the qualifications for the driver training school limited license. The commissioner shall issue the driver training school limited license if the application is complete and the applicant demonstrates compliance with the laws of this state and the rules and regulations of the commissioner regarding insurance and safety. The driver training school limited license shall be valid for a period of four years. (3) Any person may obtain a temporary driver training permit for a period of seven consecutive days beginning and ending on the dates specified on the face of the permit. Temporary driver training permits shall be obtained by schools, individuals, or other entities which offer occasional driver training instruction and which do not maintain a permanent classroom located within the state. The fee for each temporary

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driver training permit shall be $100.00 per week and $25.00 for each vehicle. No temporary driver training permit shall be issued without the commissioner having first received satisfactory proof that the applicant meets the insurance requirements as defined in Code Section 43-13-4 and the vehicle and safety requirements of the rules and regulations of the commissioner. A temporary driver training permit shall be displayed in a conspicuous location during all times instruction is being given and a copy of such permit shall be located in each vehicle that is registered for the purpose of providing instruction.
SECTION 14. Said chapter is further amended by striking Code Section 43-13-3, relating to licensing of driver training schools, and inserting in its place the following:
43-13-3. No person shall operate a driver training school, operate a commercial driver training school, or engage in the business of giving instruction to ten or more persons per calendar year for hire in the driving of motor vehicles or in the preparation of an applicant for examination given by drivers license examiners for a drivers license or permit unless a license, a limited license, or temporary driver training permit therefor has been secured from the department. Separate licenses shall be required for the operation of a driver training school and a commercial driver training school. A driver training school shall offer a minimum of 30 hours of classroom instruction and six hours of behind-the-wheel instruction for the purpose of assisting persons to obtain a Class C license; however, a public or private school system may contract with a licensed driver training school to provide the six hours of behind-the-wheel instruction. A driver training school shall offer a minimum of 15 hours of instruction for the purpose of assisting persons to obtain a Class M license.
SECTION 15. Said chapter is further amended by striking paragraphs (3), (4), and (6) of Code Section 43-13-4, relating to qualification of driver training school operators, and inserting in their place the following:
(3) Maintain bodily injury and property damage liability insurance on motor vehicles while used in driver training instruction, insuring the liability of the driver training school, the driving instructors, and any person taking instruction, in at least the following amounts: $100,000.00 for bodily injury to or death of one person in any one accident and, subject to such limit for one person, $200,000.00 $300,000.00 for bodily injury to or death of two or more persons in any one accident and the amount of $20,000.00 $50,000.00 for damage to property of others in any one accident. Evidence of such insurance coverage, in the form of a certificate from the insurance carrier, shall be filed with the department; and such certificate shall stipulate that the insurance shall not be canceled except upon ten days prior written notice to the department. Such insurance shall be written by a company authorized to do business in this state;

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(4) Provide a continuous surety company bond in the principal sum of $2,500.00 $10,000.00 for the protection of the contractual rights of students in such form as will meet with the approval of the department and written by a company authorized to do business in this state; provided, however, that the aggregate liability of the surety for all breaches of the condition of the bond in no event shall exceed the principal sum of $2,500.00 $10,000.00 per location, and a single bond at such rate for all schools operated by the same person may be provided in satisfaction of this paragraph. The surety on any such bond may cancel such bond on giving 30 days notice thereof in writing to the department and shall be relieved of liability for any breach of any condition of the bond which occurs after the effective date of cancellation. If at any time said bond is not valid and in force, the license of the school or program shall be deemed suspended by operation of law until a valid surety company bond is again in force;
(6) Pay to the department an application fee of $25.00 for the approval of driver training schools and instructors, commercial driver training schools and instructors, and driver training schools limited license and instructors. These licenses and each renewal thereof shall be valid for a period of four years unless suspended or revoked prior to the expiration of that time period.
SECTION 16. Said chapter is further amended by striking Code Section 43-13-4.1, relating to business names of driver training schools, and inserting in its place the following:
43-13-4.1. (a) No driver training school or commercial driver training school shall be permitted to use, adopt, or conduct any business under any name that is like or deceptively similar to any name of a Georgia corporation registered with the Secretary of State. (b) This Code section shall not prohibit the franchising or licensing of any part or all of the name of a driver training school or commercial driver training school by the owner of the rights therein to another licensed driver training school or commercial driver training school.
SECTION 17. Said chapter is further amended by striking subsection (a) of Code Section 43-13-10, relating to exceptions to the driver training school law, and inserting in its place the following:
(a) This chapter shall not apply to a college conducting a driver or commercial driver training course; nor shall it apply to driver improvement schools operated by the state or by a county or municipality; nor shall it apply to any entity conducting a driver safety course on private property when the vehicles used in the training are licensed by the vehicle owner and are not owned, leased, or under the control of the entity conducting or sponsoring the training. Such entity shall notify the department of the dates and location of the scheduled training and provide a certificate of liability insurance in the form established by the department.

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SECTION 18. This Act shall become effective on July 1, 2005, except for Section 12, which shall become effective on January 1, 2006.
SECTION 19. 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
Bulloch Butler Y Cagle 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
Hooks Y Hudgens Y Johnson Y Jones Y Kemp E 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

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

On the passage of the bill, the yeas were 44, nays 0.

HB 367, having received the requisite constitutional majority, was passed by substitute.

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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.

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 24, 2005

Honorable Larry O'Neal, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334

Dear Chairman O'Neal:

SUBJECT: Revised Fiscal Note House Bill 306 (LC 18 4096)

This bill would exempt from state use tax purchases of tangible personal property by a government or bona fide department thereof which is furnished to a contractor for incorporation into a construction, renovation or repair project pursuant to a contract with the government or department.

The Georgia State University Fiscal Research Center estimated the revenue impact for this proposed legislation as an annual decrease in state tax revenue of $127 million. Local sales taxes would be reduced by approximately $95 million per year. The combined impact on state and local revenues would be approximately $222 million. The Center provided the following narrative regarding these estimates:

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Potentially, this legislation could exempt from use tax all purchases of materials, supplies and other tangible items that are used in government funded construction projects. The U.S. Census Bureau survey of state and local government finance lists contract expenditures for fiscal year 2001 of $4,315 million for Georgia local governments and $2,387 million for Georgia state government. In addition, U.S. federal contract expenditures totaled $84,760 million. Assuming that Georgia's share of this federal activity is equal to Georgia's share of total U.S. personal income of 2.78%, this equates to an additional $2,357 million in contract expenditures.
Adding these three categories together yields an estimate of total government contract expenditures of approximately $9.1 billion per year. The U.S. Census Bureau estimated the cost of materials, components, supplies and fuels to represent 32.7% per dollar of construction work for Heavy Construction Contractors and to represent 37.1% per dollar of construction work for Highway & Street contractors. An estimate of 35% was used to calculate the dollar value of tangible property based on the $9.1 billion in total contract expenditures. This equals just under $3.2 billion in expenditures on tangible property that could be exempt under the proposed legislation.
Applying the state sales and use tax rate of 4% to this estimate yields the estimate of a decrease in state revenues of approximately $127 million per year.
Applying a local sales tax rate of 3% yields an estimate of approximately $95 million in reduced local tax revenue per year.
Sincerely,
/s/ Russell W. Hinton State Auditor
/s/ Timothy A. Connell, Director Office of Planning and Budget
The Senate Finance Committee offered the following amendment:
Amend HB 306 by striking "written" on lines 20 and 21 of page 1 and inserting in its place "advance written".
On the adoption of the amendment, the yeas were 29, nays 0, and the Committee amendment was adopted.

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Senator Cagle of the 49th offered the following amendment #1:

Amend HB 306 by striking on line 22 on page 1 the following word: (any) and inserting the word (such)

On the adoption of the amendment, the yeas were 32, nays 0, and the Cagle amendment #1 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
Brown 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 E 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 Y Starr Y Staton Y Stephens E 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 47, nays 2.

HB 306, having received the requisite constitutional majority, was passed as amended.

Senator Stephens of the 27th asked unanimous consent that the Secretary of the Senate be directed to cast the vote of the Senate to adhere to the Senate Amendments to HB 282 and appoint a Conference Committee.

The consent was granted and the Secretary of the Senate was directed to cast the vote of the Senate.

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The President announced that the Conference Committee would be Senators Cagle of the 49th, Wiles of the 37th and Harp of the 29th.

Senator Stephens of the 27th moved that the Senate stand in recess until 6:00 p.m. today and then pursuant to HR 605 stand adjourned until 9:00 a.m. Thursday, March 24, 2005.

At 3:34 p.m. the President announced the motion prevailed.

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 amendments, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House:

HB 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.

The Speaker has appointed on the part of the House, Representatives Roberts of the 154th, Golick of the 34th and O'Neal of the 146th.

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

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.

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Pursuant to a previously adopted motion, the Senate adhered to its amendments to HB 282 and appointed as a Conference Committee the following Senators: Cagle of the 49th, Wiles of the 37th and Harp of the 29th.
The Senate adjourned at 6:00 p.m.

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2055

Senate Chamber, Atlanta, Georgia Thursday, March 24, 2005
Thirty-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.

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 Senate:

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.

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

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subdivisions; to amend Code Section 35-3-34 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.

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 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.

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.

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.

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

SB 19. SB 133. SB 140.
SB 167.

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2057

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.
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.
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 49-4156, 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.
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

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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.

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.

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.

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.

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

SB 144.

By Senators Mullis of the 53rd, Whitehead, Sr. of the 24th, Schaefer of the 50th and Pearson of the 51st:

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

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

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.

The Speaker has appointed on part of the House, Representatives Willard of the 49th, Jones of the 46th and Wilkinson of the 52nd.

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The following Senate legislation was introduced, read the first time and referred to committee:
SR 520. By Senator Jones of the 10th:
A RESOLUTION creating the Senate City of Fairview Incorporation Study Committee; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
The following House legislation was read the first time and referred to committee:
HB 816. By Representatives Maddox of the 172nd and Keown of the 173rd:
A BILL to be entitled an Act to reincorporate and provide a new charter for the City of Cairo in Grady County, Georgia; to provide for 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, 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 boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city manager, and other personnel; 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.
HB 826. By Representative Lord of the 142nd:
A BILL to be entitled an Act to amend an Act providing for a board of commissioners of Jefferson County, approved February 23, 1984 (Ga. L. 1984, p. 3627), as amended, so as to provide conditions for the board of commissioners to convey title to or lease county-owned real property which is being used as a solid waste landfill; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the State and Local Governmental Operations Committee.
Senator Smith of the 52nd asked unanimous consent to suspend Senate Rule 2-1.7(a) to approve the Senate Judiciary Committee meeting held on March 22, 2005. The meeting

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did not meet the 24 hour posting requirement. Senator Smith of the 52nd also requested that the resulting Senate Judiciary Committee report from that meeting be read.

The consent was granted.

The following committee reports were read by the Secretary:

Mr. President:

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

HB 48 HB 665

Do Pass by substitute Do Pass

Respectfully submitted, Senator Unterman of the 45th 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 194 HB 488

Do Pass by substitute Do Pass by substitute

HR 113 SR 302

Do Pass Do Pass

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

Mr. President:

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

HB 106 HB 236 HB 268

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

HB 334 HB 378

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:

SR 457 SR 458

Do Pass Do Pass

SR 469 SR 499

Do Pass Do Pass

Respectfully submitted, Senator Tolleson of the 20th District, Chairman

Mr. President:

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

HB 459 HB 495

Do Pass Do Pass by substitute

Respectfully submitted, Senator Heath of the 31st 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:

HB 559

Pursuant to Senate Rule 2-1.10(b), referred by the Senate Rules Committee to the Senate Finance 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 610 HB 617 HB 703

Do Pass Do Pass Do Pass

HB 820 HB 822 HB 823

Do Pass Do Pass Do Pass

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2063

HB 788 HB 811 HB 819

Do Pass as amended Do Pass Do Pass

SB 295 SR 497

Do Pass Do Pass

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

The following legislation was read the second time:

HB 48 HB 106 HB 194

HB 236 HB 268 HB 334

HB 378 HB 459 HB 495

HB 665 HR 113 SR 302

SR 457 SR 458 SR 469

SR 497 SR 499

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 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 Brown Bulloch Butler Cagle Carter Chance Chapman Douglas Goggans Grant Hamrick Heath Henson

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

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

Not answering were Senators:

Fort Harp Shafer, D Walker (Excused)

Golden Johnson Starr (Excused) Williams

Harbison Reed 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

Shafer

Tate

The members pledged allegiance to the flag.

Senator Hill of the 4th introduced the chaplain of the day, Reverend John Donaldson of Reidsville, Georgia, who offered scripture reading and prayer.

Senator Zamarripa of the 36th recognized the Henry W. Grady High School Mock Trial Team, commended by SR 505, adopted previously.

Senator Thompson of the 33rd recognized GBI forensic artist Marla Lawson, commended by SR 507, adopted previously.

The following resolutions on the Consent Calendar for Privileged Resolutions were read and adopted:

SR 509. By Senator Rogers of the 21st:

A RESOLUTION commending the Etowah High School Lady Eagles basketball team, 2004-2005 Class AAAA State Champions; and for other purposes.

Senator Rogers of the 21st recognized the Etowah High School Lady Eagles Basketball Team, commended by SR 509.

SR 510. By Senator Hill of the 4th:
A RESOLUTION commending the Claxton Rotary Club; and for other purposes.

SR 511. By Senators Stephens of the 27th and Cagle of the 49th:
A RESOLUTION commending the North Hall High School Trojans football team; and for other purposes.
Senators Cagle of the 49th and Stephens of the 27th recognized the North Hall High School Trojans football team, commended by SR 511.

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SR 512. By Senators Carter of the 13th and Pearson of the 51st:
A RESOLUTION recognizing Miss Erin Grizzle, Miss Heart of Georgia 2005; and for other purposes.
SR 513. By Senator Hooks of the 14th:
A RESOLUTION honoring Bethlehem Baptist Church on its 141st anniversary; and for other purposes.
SR 514. By Senator Harbison of the 15th:
A RESOLUTION commending and congratulating Mr. Isaiah Hugley on his appointment as City Manager of the Columbus Consolidated Government; and for other purposes.
SR 515. By Senators Heath of the 31st, Pearson of the 51st, Schaefer of the 50th, Hill of the 32nd, Hamrick of the 30th and others:
A RESOLUTION congratulating and commending Comer B. Yates; and for other purposes.
SR 516. By Senator Williams of the 19th:
A RESOLUTION honoring Mr. and Mrs. Carlton Cranford on the occasion of their 50th wedding anniversary; and for other purposes.
SR 517. By Senator Rogers of the 21st:
A RESOLUTION commending Zachary Joseph Okerblad on becoming an Eagle Scout; and for other purposes.
SR 518. By Senator Williams of the 19th:
A RESOLUTION honoring Mr. and Mrs. Simon Wooten on the occasion of their 50th wedding anniversary; and for other purposes.
SR 519. By Senators Thomas of the 54th, Mullis of the 53rd and Smith of the 52nd:
A RESOLUTION commending Dr. John Antalis; and for other purposes.

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SR 521. By Senator Hill of the 32nd:
A RESOLUTION encouraging all Georgians to learn about congenital heart disease and cardiovascular disease and to have regular and frequent health exams; and for other purposes.
SR 522. By Senators Johnson of the 1st, Stephens of the 27th and Brown of the 26th:
A RESOLUTION commending the 2005 Senate aides for their service; and for other purposes.
SR 523. By Senators Johnson of the 1st and Stephens of the 27th:
A RESOLUTION commending the Senate interns for the 2005 regular session; and for other purposes.
SR 524. By Senator Hill of the 4th:
A RESOLUTION honoring the memory of S. Dan Waller, Sr., and expressing regret at his passing; and for other purposes.
SR 525. By Senator Hill of the 4th:
A RESOLUTION recognizing and commending Portal High School, winner of the 2004 Class A Governor's Cup; and for other purposes.
SR 526. By Senator Hill of the 4th:
A RESOLUTION commending Dr. Greg Maybin; and for other purposes.
SR 527. By Senator Hill of the 4th:
A RESOLUTION recognizing Kyle and Cathy Sapp on their induction into the Collins Lions Club; and for other purposes.
SR 528. By Senator Wiles of the 37th:
A RESOLUTION commending Thomas Fuller Chandler; and for other purposes.
The following legislation, favorably reported by the committees, as listed on the Consent Calendar for Commemorative Resolutions, was put upon its adoption.

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CONSENT CALENDAR FOR COMMEMORATIVE RESOLUTIONS
THURSDAY, MARCH 24, 2005 THIRTY-SEVENTH LEGISLATIVE DAY

HR 48

Martha K. Glaze Regional Youth Detention Center; designate (SI&P-34th) Dodson-75th

HR 91

DeWayne King, USMC, Memorial Bridge; designate (TRANS-19th) Sims-169th

HR 94

Jack Shearouse Bridge; designate (TRANS-19th) Carter-159th

HR 173

Blue Star Memorial Highway in Pembroke; designate (TRANS-19th) Lane-158th

HR 201

Wendell W. Thigpen Memorial Bridge; designate (TRANS-19th) Roberts-154th

HR 231

A. L. Stepp Interchange; designate (TRANS-19th) Ralston-7th

HR 269

Disabled American Veterans Intersection; designate (Substitute) (TRANS-19th) Graves-12th

HR 295

Byron Herbert Reese Memorial Highway; dedicate portion of U. S. Highway 129 (Substitute)(TRANS-19th) Jenkins-8th

Senator Jones of the 10th asked unanimous consent that HR 269 be removed from the Consent Calendar for Commemorative Resolutions and placed at the foot of today's Senate Rules Calendar.

The consent was granted and HR 269 was placed at the foot of today's Senate Rules Calendar.

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

*HR 295:

The Senate Transportation Committee offered the following substitute to HR 295:

A RESOLUTION

Honoring poet and novelist Byron Herbert Reece by dedicating a portion of U.S.

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Highway 129 as the "Byron Herbert Reese Memorial Highway" and by naming him "Georgia's Appalachian Poet/Novelist"; and for other purposes.
WHEREAS, Byron Herbert Reece produced an enduring body of poetry and fiction from the sounds and spirits of his North Georgia homeland; and
WHEREAS, his five volumes of verse draw deeply from the lyrical wellsprings of nature and the Bible, twin legacies of an upbringing in the agricultural uplands of Union County near Blairsville; and
WHEREAS, his two novels are remarkable regional portraits, one a mountain family drama of overland journey to Old Testament rhythms and the other a morality play of a small town lynching; and
WHEREAS, Reece was a bright and solitary schoolboy who graduated from Blairsville High School and grew up in such rural isolation that he never saw a car until he was over eight years old; and
WHEREAS, he attended Young Harris College and taught school intermittently between 1935 and 1942 producing poem after poem while caring for his ill parents and managing the family farm; and
WHEREAS, he won the American Poet magazine's annual poetry award in 1943 and by 1952 had received a Pulitzer Prize nomination for his poetry, had been profiled in Newsweek magazine, and had been tendered a poet-in-residence position at UCLA; and
WHEREAS, he received the Georgia Writers Association literary achievement award five times and served as the poet-in-residence at both Young Harris College and Emory University; and
WHEREAS, a play inspired by his writings, "The Reach of Song," was declared the official drama of the State of Georgia in 1990; and
WHEREAS, despite enduring hardships, this remarkable man created a literary oeuvre which has reflected great honor on his beloved mountain community and the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body recognize the tremendous literary contributions to this state made by Byron Herbert Reece.
BE IT FURTHER RESOLVED that the portion of U.S. Highway 129 lying between the historic courthouse of Union County in Blairsville, Georgia, southward to the Union

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County line located at Neel's Gap on Blood Mountain shall be dedicated the "Byron Herbert Reece Memorial Highway," and the Department of Transportation is authorized and directed to place and maintain appropriate signs so dedicating the highway.

BE IT FURTHER RESOLVED that Byron Herbert Reece is hereby named "Georgia's Appalachian Poet/Novelist."

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of Byron Herbert Reece, the Byron Herbert Reece Society, and the Department of Transportation.

On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.

The reports of the committees, which were favorable to the adoption of the legislation as reported, were 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 Y Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas
Fort Y Goggans
Golden Y Grant
Hamrick Y Harbison Y Harp Y Heath
Henson

Y 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
Powell Reed 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 Y Thompson,C Y Thompson,S Y Tolleson Y Unterman E Walker Y Weber Y Whitehead Y Wiles
Williams Y Zamarripa

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

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The legislation on the General Consent Calendar for Commemorative Resolutions except HR 295, having received the requisite constitutional majority, was adopted.
HR 295, having received the requisite constitutional majority, was adopted by substitute.
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.
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 24, 2005 Thirty-seventh Legislative Day
(The names listed are the Senators whose districts are affected by the legislation.)

SB 295

Williams of the 19th JEFF DAVIS COUNTY
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 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.

HB 610

Goggans of the 7th Golden of the 8th Bulloch of the 11th SOUTHERN JUDICIAL CIRCUIT
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

HB 617 HB 788 HB 811

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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.
Pearson of the 51st CITY OF DAHLONEGA
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.
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
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. (AMENDMENT)
Pearson of the 51st UNION COUNTY
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

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governments; to provide for liberal construction; to provide for severability and an effective date; 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 establishing a board of education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended, particularly by an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 755), so as to provide that the members of the board of education shall be elected in nonpartisan elections; to provide for related matters; to provide for preclearance of this Act pursuant to the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Hill of the 4th TREUTLEN COUNTY
A BILL to be entitled an Act to amend an Act providing for the election of the members of the Treutlen County Board of Education, approved March 23, 1972 (Ga. L. 1972, p. 2340), as amended, particularly by an Act approved March 29, 1994 (Ga. L. 1994, p. 4414), so as to provide for the compensation of the members of the Treutlen County Board of Education; 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 three local bills relating to homestead exemptions require a two-thirds roll-call vote for passage:

HB 703

Henson of the 41st CITY OF STONE MOUNTAIN

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

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homestead; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

HB 819

Pearson of the 51st GILMER COUNTY

A BILL to be entitled an Act to provide for a homestead exemption from Gilmer County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for certain residents of that school district who are 70 years of age or older; 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 820

Pearson of the 51st GILMER COUNTY

A BILL to be entitled an Act to provide for a homestead exemption from certain Gilmer 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.

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

*HB 788:

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

Amend HB 788 by striking line 14 of page 1 and inserting in its place "This Act shall become effective on July 1, 2005, notwithstanding the provisions of Code Section 1-34.1.".

On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.

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

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

On the passage of the local legislation, the yeas were 43, nays 0.

The legislation on the Local Consent Calendar except HB 788, having received the requisite constitutional majority, was passed.

HB 788, having received the requisite constitutional majority, was passed as amended.

Senator Henson of the 41st asked unanimous consent that SB 295 and HB 788 be immediately transmitted to the House.

The consent was granted and SB 295 and HB 788 were immediately transmitted.

The following legislation, favorably reported by the committee, as listed on the Consent Calendar for Property Conveyances, was put upon its passage.

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CONSENT CALENDAR FOR PROPERTY CONVEYANCES THURSDAY, MARCH 24, 2005
THIRTY-SEVENTH LEGISLATIVE DAY

HR 193

Hamilton County, Tennessee; convey property (SI&P-4th) Barnard-166th

HR 166

Public property; conveyances (Substitute)(SI&P-2nd) Barnard-166th

HR 239

Cobb County; convey property (SI&P-37th) Manning-32nd

HB 420

National Infantry Museum property; Columbus-Muscogee County; cession of concurrent jurisdiction to the United States (SI&P-15th) Smyre-132nd

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

*HR 166:

The Senate State Institutions and Property Committee offered the following substitute to HR 166:
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; authorizing the conveyance of certain state owned real property located in Taliaferro County, Georgia; authorizing the conveyance of certain state owned property interest in Troup County, Georgia; authorizing the conveyance of certain state owned real property located in Union County, Georgia; authorizing the conveyance of certain state owned property located in Hamilton County, Tennessee; authorizing the conveyance of certain state owned property in Bartow County, Georgia; authorizing the conveyance of certain state owned property in Carroll County, Georgia; authorizing the conveyance of certain state owned property in Clarke County, Georgia; authorizing the conveyance of certain state owned property in Irwin County, Georgia; authorizing the leasing of certain state owned property in Rabun County, Georgia; authorizing the conveyance of certain state owned property in Chatham County, Georgia; authorizing the conveyance of certain state owned property in DeKalb County, Georgia; authorizing the conveyance of certain state owned property in Habersham County, Georgia; authorizing the conveyance of certain

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state owned property in Putnam County, Georgia; authorizing the conveyance of certain state owned property in Seminole County, Georgia; to repeal conflicting laws; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of two certain parcels of real property located in Brantley County, Georgia; (2) Said real property are all those tracts or parcels of land lying and being in land lots 127 and 128 of the 9th district of Brantley County and containing a total of approximately 137.08 acres as shown on a plat of survey prepared by Everett Tomberlin, Georgia Registered Land Surveyor #2922, dated February 20, 2004, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said parcels are a portion of Dixon Memorial State Forest, now under the custody of the Georgia Forestry Commission; (4) The Axson Timber Company has agreed to convey five parcels containing a total of approximately 102.8 acres constituting inholdings within Dixon Memorial State Forest in exchange for the above-described state owned parcels; (5) It has been determined that the value of the property to be conveyed to Axson Timber Company is greater than the value of the property to be acquired by the state and Axson Timber Company has agreed to compensate the state for the difference in values; (6) The Georgia Forestry Commission by Resolution dated August 11, 2004, recommended the exchange of the above-described properties; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Chatham County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 8th GMD of Chatham County consisting of 1.619 acres as shown on a plat of survey dated March 7, 1997, and prepared by Lamar O. Reddick, Georgia Registered Land Surveyor #1387, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Technical and Adult Education and has been the location of the Quick Start program; (4) The Department of Technical and Adult Education has relocated its Savannah Quick Start program to the Savannah Tech Crossroads Building and no longer has a need for the above-described property; (5) It would be in the best interest of the State of Georgia to sell the above-described property by competitive bid; and

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WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Cherokee County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in land lot 159 of the 14th district, 2nd section of Cherokee County, containing approximately 1.50 acres as described on that certain deed of conveyance to the State of Georgia being recorded as real property record number 004616 and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Public Safety and was used as a state patrol post; (4) The Department of Public Safety has relocated the activities performed on the above-described property and has declared the property surplus; (5) The above-described property was conveyed to the state in 1962 by Cherokee County for the consideration of $10.00 with the provision that if the property ever ceased being used as a state patrol post the property would revert; (6) Cherokee County is desirous of having the state convey its interest in the property back to the county; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Fulton County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in land lot 22 of the 14th district of Fulton County, Georgia and containing 0.51 of one acre and is more particularly described on a plat of survey identified as tract "B" dated September 13, 2004, and prepared by Scott L. Reece, Georgia, registered land surveyor #2648 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Defense and is a portion of the parking lot of the National Guard Armory located at Charlie Brown Airport; (4) Brown Jet Center, Inc., a subsidiary of Home Depot, Inc., is located adjacent to the above-mentioned National Guard Armory; (5) Brown Jet Center, Inc. is desirous of leasing the above-described 0.51 of one acre parcel of property or of effectuating the exchange of the above-described property for certain property owned by Fulton County adjoining the above mentioned National Guard Armory site in order to expand its facilities and in order to expand its facilities; (6) The Department of Defense has reviewed the proposal by Brown Jet Center, Inc., and has declared the above-described property surplus to the needs of the department; and

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WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Fulton County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in land lot 75 of the 14th District of Fulton County, Georgia containing 0.354 of one acre and being more particularly described on a plat of survey prepared by Perry E. McClung, Georgia Registered Land Surveyor #1541 dated June 1, 2000, and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property was conveyed in error to the State of Georgia rather than the Georgia Department of Transportation by the City of Atlanta in 1982 for use in a highway project; (4) Said property was sold by the Department of Transportation in 1993 to Habitat for Humanity for a consideration of $7,000.00; (5) Habitat for Humanity is desirous of acquiring the State of Georgias interest in the above-described property in order to remove the cloud from the title; (6) The Department of Transportation endorses the conveyance of the State of Georgias interest in the above-described property to Habitat for Humanity; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Jackson County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 245th GMD of Jackson County, Georgia and containing approximately 1 acre as described on that certain deed of conveyance from Jackson County to the State of Georgia being real property record #004448, and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is the former location of the Georgia Forestry Commission Jackson County unit office; (4) The Georgia Forestry Commission has consolidated the activities of the above mentioned Jackson County unit office with the Barrow, Clarke, and Oconee County units and has declared the above-described property surplus to the needs of the commission; (5) The above-described property was conveyed to the state in 1956 by Jackson County for a consideration of $1.00; (6) The above-described property is surrounded on three sides by property owned by the Jackson County Board of Education and said Board of Education is desirous of acquiring the above-described property for public purpose; and

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WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Meriwether County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in land lot 243 of the 2nd district of Meriwether County and containing approximately 1.39 acres as shown on a plat of survey prepared by J. H. Smith, Georgia Registered Land Surveyor #777, dated June 2, 1955, and also containing approximately 1 acre as shown on a plat of survey prepared by Clarence O. Kilby, Georgia Registered Land Surveyor #1472, dated July 20, 1978, all being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is the former location of the Department of Natural Resources Meriwether County regional office; (4) The Department of Natural Resources has consolidated certain of its locations and activities and has now closed the Meriwether County site and has declared the property surplus to the needs of the department; (5) The City of Manchester conveyed the above-described property to the state in 1973 for a consideration of $1.00; (6) The City of Manchester is desirous of acquiring the above-described property for public purposes; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Taliaferro County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 601st GMD of Taliaferro County and containing approximately 1.15 acres as shown on a plat of survey entitled "Georgia Forestry Commission" as prepared by T. Larry Rachels, Georgia Registered Land Surveyor #1730, dated April 9, 1981, and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is the location of the Georgia Forestry Commission Taliaferro County unit; (4) The Georgia Forestry Commission no longer has a need for the office unit at this location but will still require a tower site; (5) The Georgia Forestry Commission acquired the above-described property in 1982 from Melissa G. Walker and Lucy G. Hughes for a consideration of $1.00; (6) Taliaferro County is desirous of acquiring the above-described property for public purpose; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in

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Troup County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in land lots 201 and 202 of the 6th district of Troup County and containing approximately 2.62 acres as shown on a plat of survey prepared by J. Hugh Camp, Georgia Registered Land Surveyor # 939, and dated December 27, 2004, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is a portion of Georgia State Patrol Post 2 located in the City of LaGrange which was acquired in 1973 from Troup County for a consideration of $1.00; (4) Said property contains a partially developed firing range which is currently unusable and abandoned; (5) Troup County is desirous of acquiring the above-described property in order to construct a firing range and training area to be used by both local and state law enforcement officers; (6) The Board of Public Safety at its December 9, 2004, meeting recommended the conveyance of the above-described property to Troup County for the construction of a firing range and training area; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Union County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in land lot 302 of the 9th district 1st section of Union County and containing approximately 0.114 acres as shown on a plat of survey prepared by James L. Alexander, Georgia Registered Land Surveyor #2653, dated February 16, 1999, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is a portion of the campus of the Union County Satellite Center of North Georgia Technical College; (4) The Department of Technical and Adult Education placed a 500 gallon, aboveground propane tank and pad at a location on the campus too close to the adjoining property owner, Union County, in violation of state code; (5) Union County has agreed to convey a 0.114 acre parcel adequate enough to bring the above-mentioned propane tank and pad within state code in exchange for the above-described state owned property; (6) The Department of Technical and Adult Education at its January 7, 1999, meeting approved the above-mentioned exchange; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in

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Hamilton County, Tennessee; (2) Said real property is all that tract or parcel of land lying and being in the City of Chattanooga, Tennessee, and being a portion the Western and Atlantic Railroad right of way and consists of parcel 1 and parcel 7 as shown on Western and Atlantic Railroad Valuation map V3/3 and V/4 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the State Properties Commission; (4) It has been determined that the above-described property is no longer needed for the operation of the Western and Atlantic Railroad and is therefore surplus to the needs of the State; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Bartow County, Georgia; (2) Said real property are all those tracts or parcels of land lying and being in land lots 604 and 605 of the 4th district, 3rd section of Bartow County and containing approximately 3.073 acres as shown on a plat of survey prepared by William C. Smith, Georgia Registered Land Surveyor #1803, dated October 17, 2001 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is a portion of the right of way of the Western and Atlantic Railroad; (4) Said property is not within the lease limits of the Western and Atlantic Railroad right of way currently leased to CSX Transportation; (5) Said property is currently leased by the State Properties Commission to United Minerals and Properties, Inc.; (6) United Minerals and Properties, Inc. is desirous of acquiring the property in order to make certain capital improvements; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Carroll County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in land lot 218 of the 10th district of Carroll County and containing approximately 3.673 acres as shown on a plat of survey prepared by Timothy L. McGukin, Georgia Registered Land Surveyor #2289, dated January 12, 1989 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is in the custody of the Department of Technical and Adult

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Education and is a portion of the Carrollton Campus of West Central Technical College; (4) The above-described property was valued at $75,000.00 in 1989 at which time the Carroll County Board of Education conveyed the property to the State of Georgia for a consideration of $1.00; (5) The above-described property has been appraised and a fair market value has been determined to be $1,150,000.00; (6) The Carroll County Judicial Complex adjoins the above-described property and the Carroll County Board of Commission is desirous of acquiring the property in order to expand their facilities; (7) The Department of Technical and Adult Education, by letter dated February 7, 2005 recommended the conveyance of said property to the Carroll County Board of Commissioners for a consideration of $1,075,000.00; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Clarke County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 216th Georgia Militia District of Clarke County and containing approximately 1.72 acres as shown highlighted in orange on a drawing prepared by W. N., Jr., W. E. Hudson Surveyors dated August 1948 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is in the custody of the Department of Agriculture and was formerly in use as a farmers market; (4) The above-described property has been declared surplus for the Department of Agriculture; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Irwin County, Georgia; (2) Said real property is all that tract or parcel of land containing 1.889 acres lying and being in original land lots 51 and/or 52 in the 5th land district of Irwin County, Georgia, described as BEGINNING at an established corner marked by an iron pen on the southwest right-of-way line of State Route No. 90 at or near the end of curve in said State Route 90, and running thence along said right of way line south 38 degrees east 266 feet; thence south 52 degrees west 273 feet; thence north 38 degrees west 300 feet; thence north 52 degrees east 273 feet to the point of beginning. All according to plat of survey of same made by Eddie L. Carter, Surveyor, dated February 15th 1960 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties

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Commission for approval; (3) Said property is in the custody of the Department of Agriculture and was formerly in use as a sweet potatoe curing house; (4) The above-described property was conveyed to the State of Georgia on May 17, 1960 by the Board of Commissioners of Roads and Revenues for Irwin County for a consideration of $1.00; (5) The above-described property is no longer needed by the Department of Agriculture and the Commissioner has declared the property surplus; (6) The Board of Commissioners of Irwin County is desirous of acquiring the abovedescribed property for the furtherance of public purpose; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Rabun County, Georgia; (2) Said real property is all that tract or parcel of land containing 0.0189 of one acre lying and being in land lot 66 of the 2nd district of Rabun County, Georgia, and is more particularly described highlighted in orange on a revised plat of survey dated April 29, 1995 prepared by William F. Rolader, Georgia Registered Land Surveyor # 2042 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is in the custody of the Department of Natural Resources and is a part of Black Rock Mountain State Park; (4) The above-described property has been leased by the State of Georgia to Currahee Paging since November 15, 1995 for a consideration of $650.00 annually; (5) Currahee Paging is desirous of leasing the above-described property for a term of 10 years; (6) The Department of Natural Resources has no objection to the leasing of the above-described property; and
WHEREAS: (1) The State of Georgia claims ownership of a certain parcel of real property located in Chatham County, Georgia; (2) Said real property is all that tract or parcel of land containing 5.278 acres lying and being a portion of Hutchinson Island in Chatham County, Georgia, and is more particularly described as Parcel 1A on a plat of survey prepared by Dale E. Yawn, Georgia Registered Land Surveyor #2510, dated January 2, 2002, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property was formerly marshlands of the Back River on the northern side of Hutchinson Island and in the custody of the Department of Natural Resources; (4) The above-described property was filled by the Corps of Engineers in a previous

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construction project creating uplands of the above-described 5.278 acres; (5) Chatham County owns 11.942 acres adjoining the above-described 5.278 acre parcel and is desirous of acquiring the State of Georgias interest in the abovedescribed property in order to develop the site in conjunction with the Countys property for public recreational or greenspace purposes; and
WHEREAS: (1) The State of Georgia claims ownership of a certain parcel of real property located in DeKalb County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 29 of the 16th District of DeKalb County, Georgia, being Lot 5 Block BB, Hidden Hills, Unit 9-A, as per plat recorded in Plat Book 71, Page 158, DeKalb County records, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said real property was inadvertently conveyed to "State of Georgia DOAS Risk Management Services Division" by warranty deed dated September 14, 2004, recorded at Deed Book 16766, Page 353, DeKalb County records, in conjunction with the resolution of a workers compensation claim (Claim No. 258-33-4975) by David Lee Smith, Jr., employee before the State Board of Workers Compensation; (4) In order to implement the terms and conditions of that certain November 22, 2004, Partial Stipulation and Agreement on Housing between David Lee Smith, Jr., employee and the Department of Administrative Services, Servicing Agent for Cobb County Department of Family and Child Services, approved and made the order of the Board of Workers Compensation on December 6, 2004, it is required that said real property be conveyed to David Lee Smith, Jr.; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Habersham County, Georgia; (2) Said real property is all that tract or parcel of land containing approximately 1 acre lying and being in Land Lot 83 of the 11th District of Habersham County, Georgia and being more particularly described on a plat of survey prepared by Kenyon L. Miller, Georgia Registered Land Surveyor #2595, dated February 16, 2005, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is a portion of the campus of North Georgia Technical College in the City of Clarksville; (4) The campus of North Georgia Technical College was conveyed to the State of Georgia in 1943 by the Habersham County Board of Education for a consideration of $1.00; (5) The City of Clarksville, Habersham County is desirous of acquiring the above-

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described 1 acre parcel in order to construct an elevated water storage tank to serve both the City of Clarksville and the campus of North Georgia Technical College; (6) The Department of Technical and Adult Education has no objection to the conveyance of the above-described property to the City of Clarksville; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Putnam County, Georgia; (2) Said real property is all that tract or parcel of land containing approximately 12.13 acres lying and being in the City of Eatonton, Putnam County, Georgia and being more particularly described on a plat of survey prepared by G. F. Ellis, Georgia Registered Land Surveyor #931, dated December 28, 1955 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is the site of Putnam State Prison and under the custody of the Department of Corrections; (4) The above-described property was conveyed to the State of Georgia in 1956 by Putnam County for a consideration of $60,000.00; (5) The Department of Corrections has ceased activities at the above-described prison site and has declared the property surplus; (6) Putnam County is desirous of acquiring the property; (7) The Department of Corrections has no objection to the above-described property being conveyed to Putnam County; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Seminole County, Georgia; (2) Said real property is all that tract or parcel of land containing approximately 4.67 acres lying and being in Land Lot 75 of the 14th District of Seminole County, Georgia and being more particularly described as that real property described in that certain deed dated December 15, 1949 and recorded as Secretary of State Deed Record Number 1170 less a parcel containing 2 acres and being described as Tract One and less a parcel containing 2.969 acres being described as Tract Two both tracts being more particularly described on a plat of survey prepared by Earl Thursby, Land Surveyor, dated February 9, 1974, all being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Agriculture and is operated as a State Farmers Market; (4) The above-described property was conveyed to the State of Georgia by the Board of Commissioners of Roads and Revenues of Seminole County, Georgia on December

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15, 1949 for a consideration of $1.00; (5) The Department of Agriculture is consolidating its Farmers Market activities and has declared the above-described property surplus to the needs of the department; (6) Seminole County is desirous of acquiring the above-described property for public purpose; (7) The Department of Agriculture has no objection to the conveyance of the abovedescribed property to Seminole County.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE 1. SECTION 1. That the State of Georgia is the owner of the above-described Brantley County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 2. That the above-described 137.08 acre tracts of real property may be conveyed to Axson Timber Company by the State of Georgia, acting by and through its State Properties Commission, in exchange for five parcels containing a total of 102.87 owned by Axson Timber Company with the difference in values of the respective properties to be paid to the state by Axson Timber Company and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 3. That the authorization in this resolution to exchange the above-described properties shall expire five years after the date that this resolution becomes effective.
SECTION 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.
SECTION 5. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Brantley County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 6. That custody of the above-described property shall remain in the Georgia Forestry Commission until the property is conveyed.
ARTICLE II SECTION 7. That the State of Georgia is the owner of the above-described Chatham County real

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property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 8. That the above-described real property may be sold by competitive bid by the State of Georgia, acting by and through its State Properties Commission, for a consideration of not less than the fair market value as determined by the State Properties Commission to be in the best interest of the state and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 9. That the authorization in this resolution to sell the above-described property by competitive bid shall expire five years after the date that this resolution becomes effective.
SECTION 10. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.
SECTION 11. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 12. That custody of the above-described property shall remain in the Department of Technical and Adult Education until the property is sold.
ARTICLE III SECTION 13. That the State of Georgia is the owner of the above-described Cherokee County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 14. That the above-described real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through the State Properties Commission, to Cherokee County for a consideration of $1.00, so long as the property is used for public purpose, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 15. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.

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SECTION 16. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 17. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Cherokee County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 18. That custody of the above-described property shall remain in the Department of Public Safety until the property is conveyed.
ARTICLE IV SECTION 19. That the State of Georgia is the owner of the above-described Fulton County real property and that in all matters relating to the leasing of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 20. That the above-described 0.51 of one acre parcel of property may be leased to Brown Jet Center, Inc. by the State of Georgia, acting by and through its State Properties Commission, for a consideration of the fair market value and for a term of ten years with four extensions of ten years each at lessees option or the above-described 0.51 of one acre parcel of property may be exchanged for a certain parcel of property containing approximately 0.772 of one acre owned by Fulton County adjoining the National Guard Armory located at Charlie Brown Airport in Fulton County, Georgia, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 21. That the authorization in this resolution to lease the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 22. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.
SECTION 23. That the leasing instrument shall be recorded by the grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 24. That custody of the above-described property shall remain in the Department of Defense

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until the property is leased.
ARTICLE V SECTION 25. That the State of Georgia is the owner of the above-described Fulton County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 26. That the above-described property may be conveyed to Habitat for Humanity by the State of Georgia, acting by and through its State Properties Commission, for a consideration of $1.00, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 27. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 28. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 29. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE VI SECTION 30. That the State of Georgia is the owner of the above-described Jackson County real property and that in all matters relating to the conveyance of the real property interest the State of Georgia is acting by and through its State Properties Commission.
SECTION 31. That the above-described real property may be conveyed by appropriate instrument to the Jackson County Board of Education by the State of Georgia, acting by and through the State Properties Commission, for a consideration $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 32. That the authorization in this resolution to convey the above-described property to the Jackson County Board of Education shall expire three years after the date that this resolution becomes effective.

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SECTION 33. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 34. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Jackson County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 35. That custody of the property will remain in the Georgia Forestry Commission until the property is conveyed.
ARTICLE VII SECTION 36. That the State of Georgia is the owner of the above-described Meriwether County real property and that in all matters relating to the conveyance of the real property interest the State of Georgia is acting by and through its State Properties Commission.
SECTION 37. That the above-described real property may be conveyed by appropriate instrument to the City of Manchester by the State of Georgia, acting by and through the State Properties Commission, for a consideration $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 38. That the authorization in this resolution to convey the above-described property to the City of Manchester shall expire three years after the date that this resolution becomes effective.
SECTION 39. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 40. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Meriwether County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 41. That custody of the above-described property shall remain in the Department of Natural Resources until the property is conveyed to the City of Manchester.
ARTICLE VIII SECTION 42.

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That the State of Georgia is the owner of the above-described Taliaferro County real property and that in all matters relating to the conveyance of the real property interest the State of Georgia is acting by and through its State Properties Commission.
SECTION 43. That the above-described real property may be conveyed by appropriate instrument to Taliaferro County by the State of Georgia, acting by and through the State Properties Commission, for a consideration $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 44. That the authorization in this resolution to convey the above-described property interest to Taliaferro County shall expire five years after the date that this resolution becomes effective.
SECTION 45. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 46. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Taliaferro County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 47. That custody of the above-described property shall remain in the Georgia Forestry Commission until the property is conveyed to Taliaferro County.
ARTICLE IX SECTION 48. That the State of Georgia is the owner of the above-described Troup County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 49. That the above-described real property may be conveyed by appropriate instrument to Troup County by the State of Georgia, acting by and through the State Properties Commission, for a consideration $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 50. That the authorization in this resolution to convey the above-described property to Troup County shall expire three years after the date that this resolution becomes effective.

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SECTION 51. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 52. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 53. That custody of the above-described property shall remain in the Georgia Forestry Commission until the property is conveyed.
ARTICLE X SECTION 54. That the State of Georgia is the owner of the above-described Union County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 55. That the above-described real property interest may be conveyed by appropriate instrument to Union County by the State of Georgia, acting by and through the State Properties Commission, for a consideration $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 56. That the authorization in this resolution to convey the above-described property interest to Union County shall expire three years after the date that this resolution becomes effective.
SECTION 57. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 58. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Union County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 59. That custody of the above-described property shall remain in the Department of Technical and Adult Education until the property is conveyed to Union County.
ARTICLE XI SECTION 60.

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That the State of Georgia is the owner of the above-described Hamilton County, Tennessee, real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 61. That the above-described real property may be sold by the State of Georgia, acting by and through the State Properties Commission, by competitive bid for a consideration of not less than the fair market value as determined by the State Properties Commission, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 62. That the authorization in this resolution to sell the above-described property shall expire five years after the date that this resolution becomes effective.
SECTION 63. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.
SECTION 64. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Hamilton County, Tennessee, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 65. That custody of the above-described property shall remain in the State Properties Commission until the property is conveyed.
ARTICLE XII SECTION 66. That the State of Georgia is the owner of the above-described Bartow County, real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 67. That the above-described real property may be sold by the State of Georgia, acting by and through the State Properties Commission to United Minerals and Properties, Inc. for a consideration of not less than the fair market value and determined by the State Properties Commission to be in the best interest of the State of Georgia, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 68. That the authorization in this resolution to sell the above-described property shall expire

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five years after the date that this resolution becomes effective.
SECTION 69. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 70. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bartow County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 71. That custody of the above-described property shall remain in the State Properties Commission until the property is conveyed.
ARTICLE XIII SECTION 72. That the State of Georgia is the owner of the above-described Carroll County, real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 73. That the above-described real property may be sold by the State of Georgia, acting by and through the State Properties Commission to the Carroll County Board of Commissioners for a consideration of $1,075,000.00, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 74. That the authorization in this resolution to sell the above-described property shall expire five years after the date that this resolution becomes effective.
SECTION 75. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 76. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Carroll County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 77. That custody of the above-described property shall remain in the Deprtment of Technical and Adult Education until the property is conveyed.

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ARTICLE XIV SECTION 78. That the State of Georgia is the owner of the above-described Clarke County, real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 79. That the above-described real property may be sold by the State of Georgia, acting by and through the State Properties Commission by competitive bid for a consideration of not less than the fair market value as determined by the State Properties Commission to be in the best interest of the State of Georgia, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 80. That the authorization in this resolution to sell the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 81. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 82. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Clarke County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 83. That custody of the above-described property shall remain in the Department of Agriculture until the property is conveyed.
ARTICLE XV SECTION 84. That the State of Georgia is the owner of the above-described Irwin County, real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 85. That the above-described real property may be conveyed by the State of Georgia, acting by and through the State Properties Commission to Irwin County for a consideration of $1.00, so long as the property is used for public purpose, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

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SECTION 86. That the authorization in this resolution to sell the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 87. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 88. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Irwin County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 89. That custody of the above-described property shall remain in the Department of Agriculture until the property is conveyed.
ARTICLE XVI SECTION 90. That the State of Georgia is the owner of the above-described Rabun County, real property and that in all matters relating to the leasing of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 91. That the above-described real property may be leased by the State of Georgia, acting by and through the State Properties Commission to Currahee Paging for a term of 10 years following the expiration of the lease entered into pursuant to said 1995 resolution, subject to the following conditions:
(1) The consideration for the lease shall be $650.00 per year payable in advance for the term of the lease; (2) Any sublease of said tower site or any sublease to locate additional equipment upon said tower or site shall first be approved by the State Properties Commission as to terms and conditions; and (3) Such other terms and conditions as determined by the State Properties Commission to be in the best interest of the State.
SECTION 92. That the authorization in this resolution to lease the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 93. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

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SECTION 94. That the lease of the property shall be recorded by the grantee in the Superior Court of Rabun County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE XVII SECTION 95. That the State of Georgia is the owner of the above-described Chatham County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 96. That the above-described real property may be conveyed by the State of Georgia, acting by and through the State Properties Commission to Chatham County for a consideration of $1.00, so long as the property is used for public purpose; provided, however, that if Chatham County should determine the need to convey all or a portion of the abovedescribed property to a public entity or to a private person, corporation or private entity, prior to such conveyance, the grantee and terms and conditions of said conveyance must first be approved by the State Properties Commission and all proceeds generated from the conveyance, less direct expenses incurred as a result of the conveyance, shall be remitted to the State Properties Commission and deposited in the treasury of the State of Georgia and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 97. That the authorization in this resolution to sell the above-described property shall expire five years after the date that this resolution becomes effective.
SECTION 98. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 99. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 100. That custody of the above-described property shall remain in the Department of Natural Resources until the property is conveyed.
ARTICLE XVIII SECTION 101. That the State of Georgia is the owner of the above-described DeKalb County real property and that in all matters relating to the conveyance of the real property the State of

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Georgia is acting by and through its State Properties Commission.
SECTION 102. That the above-described real property may be conveyed by the State of Georgia, acting by and through the State Properties Commission to David Lee Smith, Jr. for a consideration of $1.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 103. That the authorization in this resolution to sell the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 104. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 105. That the deed of conveyance shall be recorded by the grantee in the Superior Court of DeKalb County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE XIX SECTION 106. That the State of Georgia is the owner of the above-described Habersham County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 107. That the above-described real property may be conveyed by the State of Georgia, acting by and through the State Properties Commission to the City of Clarksville, Habersham County, for a consideration of $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 108. That the authorization in this resolution to sell the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 109. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 110. That the deed of conveyance shall be recorded by the grantee in the Superior Court of

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Habersham County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 111. That custody of the above-described property shall remain in the custody of the Department of Technical and Adult Education until the property is conveyed.
ARTICLE XX SECTION 112. That the State of Georgia is the owner of the above-described Putnam County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 113. That the above-described real property may be conveyed by the State of Georgia, acting by and through the State Properties Commission to Putnam County, Georgia for a consideration of the fair market value as determined by the State Properties Commission to be in the best interest of the State of Georgia and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 114. That the authorization in this resolution to sell the above-described property shall expire five years after the date that this resolution becomes effective.
SECTION 115. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 116. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Putnam County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 117. That custody of the above-described property shall remain in the custody of the Department of Corrections until the property is conveyed.
ARTICLE XXI SECTION 118. That the State of Georgia is the owner of the above-described Seminole County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

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SECTION 119. That the above-described real property may be conveyed by the State of Georgia, acting by and through the State Properties Commission to Seminole County, for a consideration of $1.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

SECTION 120. That the authorization in this resolution to sell the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 121. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 122. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Seminole County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 123. That custody of the above-described property shall remain in the custody of the Department of Agriculture until the property is conveyed.

ARTICLE XXII SECTION 124. That all laws and parts of laws in conflict with this resolution are repealed.

On the adoption of the substitute, the yeas were 49, 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 Property Conveyances, 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 Hill,Jack Y Hill,Judson Y Hooks Y Hudgens Y Johnson Y Jones Y Kemp

Y Smith E Starr Y Staton
Stephens Y Stoner Y Tate Y Thomas,D

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2101

Y Chance Y Chapman Y Douglas
Fort Y Goggans Y Golden Y Grant Y Hamrick Y Harbison Y Harp Y Heath Y Henson

Me V Bremen Y Miles Y Moody Y Mullis Y Pearson
Powell Reed Y Rogers Y Schaefer Y Seabaugh Y Seay Y Shafer,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 legislation, the yeas were 49, nays 0.

The legislation on the Consent Calendar for Property Conveyances except HR 166, having received the requisite constitutional majority, was passed. HR 166, having received the requisite constitutional majority, was adopted by substitute.

The following legislation, favorably reported by the committees, as listed on the Consent Calendar for General Legislation, was put upon its passage.

CONSENT CALENDAR FOR GENERAL LEGISLATION THURSDAY, MARCH 24, 2005
THIRTY-SEVENTH LEGISLATIVE DAY

HB 458

Commercial Transportation Advisory Committee; create (PS&HS-20th) Smith-129th

HR 50

Joint Agricultural Education Study Committee; create (ED&Y-11th) England-108th

HR 563

Dahlonega/Lumpkin County; establish as Georgia's Premier Sports Cycling Community (RULES-9th) Amerson-9th

HR 566

Prater's Mill; Legacy of Georgia Tradition; recognize (RULES-9th) Dickson-6th

Senator Brown of the 26th objected to all legislation on the Consent Calendar for General Legislation. The legislation was placed at the foot of today's Senate Rules Calendar in the order in which it appears above.

Senator Stoner of the 6th introduced the doctor of the day, Dr. Leon Hanley, Jr.

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Senator Goggans of the 7th asked unanimous consent that Senator Rogers of the 21st be excused. The consent was granted, and Senator Rogers 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.

SENATE RULES CALENDAR THURSDAY, MARCH 24, 2005 THIRTY-SEVENTH LEGISLATIVE DAY

HB 539

Georgia Entertainment Industry Investment Act; provisions (ECD-28th) O`Neal-146th

HB 501

Department of Driver Services; create as successor to Department of Motor Vehicle Safety (Substitute)(PS&HS-20th) Scott-153rd

HB 392

Health care management organizations; quality assessment fee; provisions (H&HS-19th) Brown-69th

HB 170

Criminal Justice Act of 2005; enact (Substitute)(JUDY-30th) Golick-34th

HB 172

Crime Victims Restitution Act of 2005; enact (Substitute) (JUDY-30th) Golick-34th

HB 509

Planning and Budget, Office of; program budgeting; revenue shortfall reserve (Substitute)(APPROP-4th) Harbin-118th

HB 437

Public disclosure; exempt certain personal information (SLGO(G)-24th) Scott-153rd

HB 340

Public disclosure of records; donors; postsecondary educational institutions (Substitute)(H ED-29th) Hembree-67th

SR 184

Georgia Capital Punishment Study Commission; creating (Substitute) (JUDY-36th)

HB 25

Board of regents; school or institution closing; repeal power of Governor (H ED-29th) Brooks-63rd

HB 26

Governor's authority to suspend compulsory attendance laws; repeal provisions (ED&Y-56th) Brooks-63rd

HB 27 HB 97 HB 307 HB 341 HB 373 HB 374 HB 431 HB 538 HB 553 HB 556 HB 557 HB 558 HB 577 HB 622 HB 221

THURSDAY, MARCH 24, 2005

2103

Elementary and secondary education; grants; repeal provisions (ED&Y-56th) Brooks-63rd
Appalachian Judicial Circuit; add judge (JUDY-52nd) Ralston-7th
Construction defect claim; fulfillment or settlement; provisions (JUDY-30th) Rogers-26th
Sales tax; exempt certain airline industry transactions (Substitute) (FIN-9th) Burkhalter-50th
Teachers Retirement System; members of local funds; nonsectarian schools (RET-26th) Brooks-63rd
Hotel-motel tax; used for certain trails and walkways; extend (Substitute) (ECD-50th) Geisinger-48th
Unclaimed property; certain abandoned dividends or credits; disposition (FIN-49th) Talton-145th
Income tax; military income exclusion; amend provisions (FIN-49th) O`Neal-146th
Education degree programs; professional associations not a condition of enrollment (H ED-29th) Hembree-67th
Georgia Public Revenue Code; repeal certain statutes and provisions (FIN-49th) Burkhalter-50th
County police; inspection of road and bridges; repeal (PS&HS-46th) Burkhalter-50th
Alcoholic beverages; counterfeiting, forging, or reuse of tax stamps; repeal provisions (FIN-49th) Burkhalter-50th
Drivers' licenses; provide for destruction of certain fingerprint records; prohibit requirement (PS&HS-21st) Loudermilk-14th
Telegraph companies; dispatch or message deliveries; repeal certain provision (RI&Util-32nd) Burkhalter-50th
Child support; guidelines; basic obligation amounts (JUDY-29th) Burmeister-119th

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2104 HB 240 HB 406 HB 180 HB 292 HB 309 SR 297 HB 5 HB 50 HB 530 HB 521 HB 418 HB 496 HB 183 HB 407

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Law enforcement officer or firefighter; temporary disability; filing claim (I&L-47th) Day-163rd
Trusts; allocation of principal and income; amend provisions (FIN-49th) Willard-49th
Human Resources; criminal history information; provisions (ED&Y-54th) Manning-32nd
Game and fish; deer hunting; amend provisions (NR&E-20th) Rogers-26th
Code Titles 31, 44, and 49; conform references to House and Senate committee names (Substitute)(H&HS-7th) Forster-3rd
Domestic Energy Policy; urge Congress to establish (Substitute) (RI&Util-53rd)
Sales tax exemption; certain school clothes, supplies, computer items; limited time (FIN-49th) Borders-175th
Criminal history background checks; authorize national exchange (S JUDY-6th) Teilhet-40th
Transportation, Department of; design-build contracts (Substitute) (TRANS-24th) Smith-129th
Sheriffs; qualifications; certified peace officers (PS&HS-46th) Crawford127th
Insurance; electronic notice of cancellation of policies to lienholders (I&L-21st) Maxwell-17th
Dams; locations and information; DNR provide to superior court clerks (NR&E-16th) Smith-70th
State employees; payroll deductions; certain non-profit organizations; include corrections officers (I&L-47th) Barnard-166th
Insurance; administrators; agents; insolvency pool; definitions and provisions (Substitute)(I&L-48th) Golick-34th

THURSDAY, MARCH 24, 2005

2105

HB 455

Motor vehicles; new and used dealers; temporary license plates; amend provisions (PS&HS-20th) Murphy-23rd

HB 364

Motor vehicles; certificate of title (Substitute)(PS&HS-53rd) Williams-4th

HR 108

Harrison, Clarence; compensate (Substitute)(APPROP-38th) Benfield85th

HB 608

License to practice medicine; certain graduates; change licensure requirement (Substitute)(Amendments) (H&HS-52nd) Reece-27th

HB 186

Counties and municipalities; expand purposes for using federal funds (Substitute)(SLGO(G)-37th) Mitchell-88th

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 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.

Senate Sponsor: Senator Seabaugh of the 28th.

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 24, 2005

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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 539 (Substitute) (LC 18 4279S)
Dear Chairman O'Neal:
The proposed bill strikes Code Section 48-7-40.13 thereby eliminating the current rapid growth tax credit. The bill also provides for a tradable tax credit for qualified production activities including films, videos, and commercials. The new tax credit is available under certain conditions to production companies whose base investment in the state meets or exceeds $500,000. Base investment includes funds invested and expended as production expenditures in Georgia, including salaries paid to non-Georgia labor. The credit is equal to 9 percent of base investment. If the production takes place in a tier 1 or tier 2 county, the credit is increased by 3 percentage points for a total credit of 12 percent. There is an additional 3 percent credit on the total aggregate payroll of Georgia residents and an additional 2 percentage point credit on base investment that exceeds $20 million on multiple television projects.
The Georgia State University Fiscal Research Center provided the following narrative on the provisions of this bill:
The revenue impact of the first part of the bill (elimination of the rapid growth credit) is estimated to yield a $5 million increase in annual tax revenue based on information from the Department of Revenue.
The revenue implications of the film credit portion of the bill are very difficult to determine with a high level of confidence due to the large number of possible options for types of productions, a lack of data on various production budgets, and the number of assumptions that must be made regarding where in the State the production will occur. Two types of estimates are provided: static and behavioral. The static estimate considers only the value of the credits provided. The behavioral estimate accounts for increases in tax revenue due to the increase in activity resulting from the credit. The static revenue estimate ranges from a revenue loss of $14.8 million if all production takes place in tier 1 or 2 counties, to a revenue loss of $12.3 million if most of the production takes place

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outside of tier 1 or 2 counties (as is suggested by the Georgia Department of Economic Development), to a revenue loss of $12.1 million if all activity takes place outside of tier 1 and 2 counties. The estimates including behavioral impacts of the increased economic activity range from a revenue loss of $2.7 million if all activity takes place in tier 1 or 2 counties, to a revenue loss of $140,000 if most of the production takes place outside of tier 1 and 2 counties, to an approximately revenue neutral impact if all production takes place outside of tier 1 or 2 counties.
The net revenue effect of the bill therefore ranges from a loss of $9.8 million to a gain of approximately $5 million depending on the location of the filming activity as noted in the paragraph above.
There are very little data from which to develop a reasonable revenue estimate of this bill. "Representative" production budgets for a low-budget film ($11.8 million budget), one commercial ($149,000 budget), and one music video ($195,000 budget) were provided by the Georgia Department of Economic Development as adequate representations of the mix of expenditures by type and by in-state versus out-of-state. The analysis used to develop this fiscal note assumes that these budgets are truly representative and represent the "average" budget for production companies. Since the representative budgets that were provided for the video and commercial would not be eligible for the credit, the values of those budgets were inflated to a total of $500,000, where all components retain their relative share to the total budget.
There are no data available to estimate which county the production would occur in, so the revenue impacts are presented for a number of scenarios. Also, there are no empirical estimates from other states and countries of the increase in the number of productions due to tax credits. The estimates below assume that in the first two years of the credit, the number of productions of films and commercials would increase to the 2002 levels, which is a recent "high" in terms of productions in Georgia for films and commercials and to the 2001 level for videos based on the same trend analysis. The expected increase in productions is assumed to equal the difference between the number of productions in 2002 and 2003 for films and commercials and between 2001 and 2003 for videos. For videos and commercials, it is assumed that half of the new productions would be eligible for the credit as they must reach a minimum base expenditure of $500,000; for films, it is assumed that 65 percent of new productions would be eligible. These assumptions lead to projected increases in credit-eligible productions of 16 for films (including feature films, television episodes, etc.), 2 for commercials, and 4 for videos. The analysis was made based on the three representative budgets. Note that if the representative budgets are not the average for the industry, these impacts may be overstated or understated based on the composition of actual budgets.
Static revenue impacts and those including behavioral changes are provided in the table on the following page for the three types of production: films, videos and commercials.

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For each type of production, the value of the credit and the net revenue impact including behavior responses are shown in the table on the following page for two extreme cases. In the first case, the production is assumed to be done in a tier 1 or 2 county, while in the second case, the production is assumed to be done in a non-tier 1 or 2 county. The true impact is probably some combination of those two extremes.

The static impacts (column 7 of the table) report only the cost of the credit, using the available representative budgets. It is expected that the infusion of productions will increase economic activity through standard behavioral response channels--local hires will increase the income and sales tax base and spending by the companies will increase the state and local tax base as well. This analysis was developed using the IMPLAN model. The revenue impacts considering these behavioral impacts are provided in the last column in the table below. The net revenue impact to the state is determined from the last column in the table below and depends on how many or how much of the productions occur in tier 1 and 2 counties versus other counties for each of the three types of production. The most costly credit is given if all production occurs in tier 1 or 2 counties. In this case, the static cost of the credit is the sum of the credits for film, commercial and video, i.e., the sum of $14.5 million, $73,000, and $104,000. The middle estimates presented above assume that 5 percent of the production occurs in tier 1 or 2 counties and the remaining 95 percent occurs in other counties.

Type of Production Tier

Feature film/

movie

1 OR 2

OR

Feature film/

movie

Other

Commercial 1 OR 2 OR
Commercial Other

Video Video

1 OR 2 OR Other

Total Base investment Credit
$653,000
$490,000 $27,000 $35,000 $13,000 $31,000

Georgia-labor Credit

Total credit per Increase in

production

eligible

productions

Static Revenue Impact

Net Revenue Impact with Behavioral Impacts (Loss or Gain)

$253,000

$906,000

16

-$14,500,000 -$2,500,000

$253,000

$743,000

16

$9,500

$36,500

2

$9,500

$44,500

2

$13,000

$26,000

4

$13,000

$44,000

4

-$11,800,000 $62,000

-$73,000

-$34,000

-$89,000

-$17,000

-$104,000

-$96,000

-$176,000

-$56,000

Sincerely,

/s/ Russell W. Hinton State Auditor

/s/ Timothy A. Connell, Director Office of Planning and Budget

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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 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 Y Jones Y Kemp Y Me V Bremen Y Miles Y Moody Y Mullis Y Pearson Y Powell Y Reed E 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 E Walker Y Weber Y Whitehead Y Wiles Y Williams Y Zamarripa

On the passage of the bill, the yeas were 50, nays 1.

HB 539, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

Senator Regina Thomas District 2 313-A Legislative Office Building Atlanta, GA 30334

Committees: State Institutions and Property Appropriations Education and Youth Reapportionment and Redistricting Regulated Industries and Utilities

The State Senate Atlanta, Georgia 30334

March 24, 2005

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Mr. Frank Eldridge Secretary of the Senate State Capitol 353 Atlanta, Georgia 30334
Dear Secretary Eldridge:
After having explained the Fiscal Note to House Bill 539, I request that my NO vote be changed to a YES vote. There was confusion on the Fiscal Note.
Thank you,
/s/ Senator Regina Thomas
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.
Senate Sponsor: Senator Tolleson of the 20th.
The Senate Public Safety and Homeland Security Committee offered the following substitute to HB 501:
A BILL TO BE ENTITLED AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, and numerous other provisions of the Official Code of Georgia Annotated, 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

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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, change fees therefor, change the duration thereof, change the requirements and procedure for issuance thereof, change provisions relating to suspension and renewal thereof, and make other related changes; to amend the Official Code of Georgia Annotated so as to transfer into other departments and agencies responsibility for administration of other laws relating to motor vehicles, including but not limited to titling, registration, and licensing of motor vehicles, insuring of motor vehicles and responsibility for accidents, regulation of vehicle sizes and weights, fuel tax enforcement, certification and permitting of carriers, handicapped parking permits, establishment of vehicle and vehicle component safety standards, and transportation of hazardous materials; to provide for the revision and amendment of certain laws relating to transferred functions, both in connection with and in addition to the transfer of functions; to provide for other matters related to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I Amendments to Chapter 40-16. Department of Motor Vehicle Safety.
SECTION 1-1. Chapter 16 of Title 40 of the Official Code of Georgia Annotated, relating to the Department of Motor Vehicle Safety, is amended by striking said chapter in its entirety and inserting in its place a new chapter to read as follows:
CHAPTER 16
40-16-1. As used in this chapter, the term:
(1) 'Board' means the Board of Motor Vehicle Safety Driver Services. (2) 'Commissioner' means the commissioner of motor vehicle safety driver services. (3) 'Department' means the Department of Motor Vehicle Safety Driver Services.
40-16-2. (a) There is created the Department of Motor Vehicle Safety Driver Services. The Department of Driver Services shall be a successor agency to and continuation of the former Department of Motor Vehicle Safety. The department shall be the agency primarily responsible for:
(1) Administration of the laws and regulations relating to registration and titling of motor vehicles, as provided for in Chapters 2 and 3 of Title 40;

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(2)(1) Administration of the laws and regulations relating to drivers licenses, as provided for in Chapter 5 of Title 40 this title; (3)(2) Administration of the laws and regulations relating to proof of financial responsibility, as provided for in Chapter 9 of Title 40 this title; (3) Administration of laws relating to ignition interlock devices for use by driving under the influence offenders; (4) Administration of laws relating to driver training schools, driver improvement clinics, DUI Alcohol or Drug Use Risk Reduction Programs, and commercial driving schools; (5) Administration of laws relating to motorcycle safety programs; (6) Administration of laws and regulations relating to issuance of limousine chauffeur permits; and (7) Administration of any other laws specifically providing for their administration by the department. (b) Responsibility for the following functions formerly exercised by the Department of Motor Vehicle Safety is transferred as follows: (4)(1) Enforcement Promulgation of laws and regulations relating to the size and the weights of motor vehicles, trailers, and loads as provided for in Article 2 of Chapter 6 of Title 32 shall be vested in the Department of Transportation; and administrative enforcement of such regulations and the law enforcement function of apprehending and citing violators of such laws and regulations are transferred to the Department of Public Safety, as well as the function of promulgating regulations relative to its enforcement function; (5)(2) Enforcement of laws and regulations relating to licensing and fuel tax registration requirements and the reporting of violations of said requirements to the state revenue commissioner is transferred to the Department of Public Safety; (6)(3) Administration and enforcement anywhere in the state of laws and regulations relating to certification of motor carriers, limousine carriers, and hazardous material carriers as provided for in Chapters 7 and 11 of Title 46 and limousine carriers is transferred to the Public Service Commission and administration of laws and regulations relating to carrier registration and registration and titling of vehicles is transferred to the Department of Revenue; (4) Administration of laws relating to motor vehicle franchise practices is transferred to the Department of Revenue; (5) Administration of laws relating to handicapped parking permits is transferred to the Department of Revenue; (6) Responsibility for establishment of safety standards for motor vehicles and motor vehicle components is generally transferred to the Department of Public Safety except as may be specifically otherwise provided by law; (7) Administration of laws relating to hazardous materials carriers is transferred to the Department of Public Safety; (7)(8) Enforcement of all state laws but only on the following properties owned or controlled by the Department of Transportation or the State Road and Tollway

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Authority is transferred to the Department of Public Safety: rest areas, truck-weighing stations or checkpoints, wayside parks, parking facilities, toll facilities, and any buildings and grounds for public equipment and personnel used for or engaged in administration, construction, or maintenance of the public roads or research pertaining thereto; (8)(9) Enforcement of Code Section 16-10-24, relating to obstructing or hindering law enforcement officers, but only in those situations involving the obstruction or hindrance of enforcement officers designated by the department in their official duties is transferred to the Department of Public Safety; (9) Directing and controlling traffic on any public road which is part of the state highway system but only in areas where maintenance and construction activities are being performed and at scenes of accidents and emergencies until local police officers or Georgia State Patrol officers arrive and have the situation under control; (10) Enforcement of Code Sections 32-9-4 and 40-6-54, relating to designation of restricted travel lanes is transferred to the Department of Public Safety; (11) Enforcement of Code Section 16-11-43, relating to obstructing highways, streets, sidewalks, or other public passages, on any public road which is part of the state highway system is transferred to the Department of Public Safety; (12) Enforcement of Code Section 16-7-43, relating to littering public or private property or waters, on any public road which is part of the state highway system is transferred to the Department of Public Safety; and (13) Enforcement of Code Section 16-7-24, relating to interference with government property, on any public road which is part of the state highway system is transferred to the Department of Public Safety; and. (14) Enforcement of any state law when ordered to do so by the Governor. (b) In performance of the duties specified in subsection (a) of this Code section, certified law enforcement officers employed by the department or designated by the commissioner shall: (1) Be authorized to carry firearms; (2) Exercise arrest powers; (3) Have the power to stop, enter upon, and inspect all motor vehicles using the public highways for purposes of determining whether such vehicles have complied with and are complying with this chapter and other laws the administration or enforcement of which is the responsibility of the department; (4) Have the power to examine the facilities where motor vehicles are housed or maintained and the books and records of motor carriers for purposes of determining compliance with this chapter and other laws the administration or enforcement of which is the responsibility of the department; and (5) Exercise the powers generally authorized for law enforcement officers in the performance of the duties specified by this chapter or otherwise to the extent needed to protect any life or property when the circumstances demand action. (c)(b) In the performance of its duties, the department shall be required to comply with all applicable federal laws and rules and regulations and shall certify that the state is in

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compliance with all provisions and requirements of all applicable federal-aid acts and programs. (d) The commissioner shall authorize enforcement officers of the department to make use of dogs trained for the purpose of detection of drugs and controlled substances while such officers are engaged in the performance of their authorized duties. If such authorized use of such a dog indicates probable cause to indicate the presence of contraband, the officer or officers shall in those circumstances have the full authority of peace officers to enforce the provisions of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' and Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug Act'; provided, however, that the department must immediately notify the local law enforcement agency and district attorney of the jurisdiction where a seizure is made.
40-16-2.1. Annual reports shall be provided to the General Assembly by the affected departments with respect to the reorganization provided for in Code Section 40-16-2 and with respect to other activities of the departments as follows:
(1) The Department of Driver Services shall provide an annual report which shall include, together with other information deemed pertinent by the department, service metrics clearly indicating the departments ability to meet public demand for its services; and (2) The Department of Public Safety shall provide an annual report which shall include, together with other information deemed pertinent by the department, the records of the department with respect to safety inspections and citations issued.
40-16-3. (a) The department shall be under the direction, control, and management of the Board of Motor Vehicle Safety Driver Services and the commissioner of motor vehicle safety driver services. The commissioner shall be appointed by and serve at the pleasure of the board.
(b)(1) The Board of Driver Services shall be a successor to and continuation of the Board of Motor Vehicle Safety and shall consist of nine members. Five members shall be appointed by the Governor and their terms shall expire as follows: two members on June 30, 2003, and June 30 of each sixth year thereafter; two members on June 30, 2005, and June 30 of each sixth year thereafter; and one member on June 30, 2007, and June 30 of each sixth year thereafter. Two members shall be appointed by the Lieutenant Governor and their terms shall expire as follows: one member on June 30, 2003, and June 30 of each sixth year thereafter and one member on June 30, 2006, and June 30 of each sixth year thereafter. Two members shall be appointed by the Speaker of the House and their terms shall expire as follows: one member on June 30, 2003, and June 30 of each sixth year thereafter and one member on June 30, 2006, and June 30 of each sixth year thereafter. All members except for the initial appointees shall serve for terms of six years and until their successors are appointed

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and qualified. (2) All members serving on the Board of Motor Vehicle Safety as of the time the 2005 amendment of this Code section becomes law shall continue to serve as members of the Board of Driver Services for the remainder of their original terms of office and shall if necessary hold over beyond the end of those terms until successors are appointed and qualified. (c) The Governor shall designate a member to serve as chairperson of the board. The chairpersons term as chairperson shall expire on June 30, 2003, and June 30 of each second year thereafter. The board may elect other officers from among its membership and may establish bylaws for the conduct of its business. (d) The members of the board shall receive no salary for their service on the board but any member who is not otherwise a state officer or employee shall receive a per diem expense allowance as provided in subsection (b) of Code Section 45-7-21. (e) The board shall be the general policy-making body for the Department of Motor Vehicle Safety Driver Services; and the commissioner shall be the chief executive officer of the department, subject to the policies established by the board. All rules and regulations promulgated by the commissioner must be approved by the board before they take effect. (f) The commissioner shall receive an annual salary to be set by the board which shall be his or her total compensation for services as commissioner. The commissioner shall be reimbursed for all actual and necessary expenses incurred by him or her in carrying out his or her official duties. (g) The commissioner shall take and subscribe before the board 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.
40-16-4. (a) The commissioner shall establish such units within the department 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 commissioner shall have the authority to employ as many persons as he or she deems necessary for the administration of the department and for the discharge of the duties of his or her office. He or she 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 department within the limitations of the departments appropriation and the restrictions set forth by law. (c) All employees of the department shall be compensated upon a fixed salary basis and no person shall be compensated for services to the department on a commission or contingent fee basis. (d) Neither the commissioner nor any officer or employee of the department shall be given or receive any fee, compensation, loan, gift, or other thing of value in addition to

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the compensation and expense allowance provided by law for any service or pretended service either rendered or to be rendered as commissioner or as an officer or employee of the department. (e) The commissioner shall delegate to such officers and employees of the department as he or she may designate the law enforcement powers and duties of the department as set out in Code Section 40-16-2. All officers and employees to whom such law enforcement powers and duties are delegated must be certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.' have the authority to appoint and employ 15 nonuniformed investigators who shall be certified peace officers pursuant to the provisions of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.' The investigators shall have full arrest powers in cases involving internal affairs of the department and in cases involving fraud in applications for or the issuance of any license, permit, certificate, or other credential within the jurisdiction of the department. In such cases, the investigators shall be authorized:
(1) To investigate Department of Driver Services related crimes committed anywhere in the state; (2) To arrest any person violating the criminal laws of this state; (3) To serve and execute warrants after notifying the law enforcement agency of the local jurisdiction of the intent to serve such warrant or warrants; (4) To enforce in general the criminal laws of this state; and (5) To carry firearms while performing their duties.
40-16-5. (a) Subject to approval by the board, the commissioner shall have the power to make and publish reasonable rules and regulations not inconsistent with this title or other laws or with the Constitution of this state or of the United States for the administration of this chapter or any law which it is his or her duty to administer. (b) The commissioner may prescribe forms as he or she deems necessary for the administration and enforcement of this chapter or any law which it is his or her duty to administer. (c) The authority granted to the commissioner pursuant to this Code section shall be exercised at all times in conformity with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; provided, however, that regulations governing motor common carrier and motor contract carrier safety, commercial driver licensing, and hazardous materials may be adopted by administrative order referencing compatible federal regulations or standards without compliance with the procedural requirements of Chapter 13 of Title 50; provided, further, that such compatible federal regulations or standards shall be maintained on file by the department and made available for inspection and copying by the public, by means including but limited to posting on the departments computer Internet site. (d) Rules and regulations previously adopted which relate to functions performed by

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the Department of Driver Services shall remain of full force and effect as rules and regulations of the Department of Driver Services until amended, repealed, or superseded by rules or regulations adopted by the commissioner of driver services. The following rules and regulations shall remain of full force and effect as rules and regulations of the Department of Motor Vehicle Safety referenced department until amended, repealed, or superseded by rules or regulations adopted by the commissioner of motor vehicle safety referenced department:
(1) All rules and regulations previously adopted by the Department of Transportation or the State Transportation Board or the commissioner of transportation which relate to functions transferred under this chapter from to the Department of Transportation to from the Department of Motor Vehicle Safety; (2) All rules and regulations previously adopted by the Public Service Commission which relate to functions transferred under this chapter from to the Public Service Commission to from the Department of Motor Vehicle Safety; (3) All rules and regulations previously adopted by the Department of Public Safety or the commissioner of public safety which relate to functions transferred under this chapter from to the Department of Public Safety to from the Department of Motor Vehicle Safety; and (4) All rules and regulations previously adopted by the Department of Revenue or the state revenue commissioner which relate to functions transferred under this chapter from to the Department of Revenue to from the Department of Motor Vehicle Safety; and (5) All rules and regulations previously adopted which relate to functions transferred under this chapter from the Department of Human Resources to the Department of Driver Services. (e) All valid licenses, permits, certificates, and similar authorizations previously issued by the Department of Transportation, the Public Service Commission, the Department of Public Safety, and the Department of Revenue under laws to be administered by the Department of Motor Vehicle Safety any department or agency with respect to any function transferred as provided in this chapter shall continue in effect until the same expire by their terms unless they are suspended, revoked, or otherwise made ineffective as provided by law.
40-16-5.1. (a) Except as otherwise provided in subsection (b) of this Code section, no department motor vehicles shall be used by any certified law enforcement officers investigators employed by the department except in the discharge of official duties. Any other equipment shall be used only with the express written approval of the commissioner. (b) The commissioner shall may adopt rules and regulations governing the use of equipment. The commissioner may adopt rules and regulations pursuant to which investigators (b)(1) Certified law enforcement officers employed by the department may use a department motor vehicle while working an approved off-duty job, provided that: any such use shall comply with such conditions as may be imposed by the

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commissioner, which conditions shall include but shall not be limited to a finding of public benefit and reimbursement to the department by the employer or employee for use of the vehicle.
(A) The off-duty employment is of a general nature that is the subject of a contract between the off-duty employer and the department and is service in which the use of the department motor vehicle is a benefit to the department or is in furtherance of the departments mission; (B) The off-duty employer agrees to pay and does pay to the department an amount determined by the commissioner to be sufficient to reimburse the department for the use of the vehicle and to pay the off-duty employee sufficient compensation. Pursuant to such contract, the department shall pay the employee of the department the compensation earned on off-duty employment whenever such employee performs such service in a department motor vehicle; and (C) The commissioner has specifically approved, in writing, the individual use of the vehicle by the employee. (2)(c) At no time will an off-duty employee be allowed use of a department motor vehicle at any political function of any kind.
40-16-6. (a) The To the extent specifically authorized by law, the commissioner may pursuant to rule or regulation specify and impose civil monetary penalties for violations of laws, rules, and regulations administered by the commissioner. Except as may be hereafter authorized by law, the maximum amount of any such monetary penalty shall not exceed the maximum penalty authorized by law or rule or regulation for the same violation immediately prior to July 1, 2001 2005. (b) All proceedings for the imposition of civil monetary penalties by the commissioner and other contested cases to be decided by or under authority of the commissioner shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' All such administrative proceedings which are pending on July 1, 2001 2005, under laws the administration of which is transferred to from the commissioner of motor vehicle safety to another enforcement agency shall be transferred to the jurisdiction of the commissioner such other enforcement agency as of July 1, 2001 2005. (c) The enactment amendment of this chapter and the Act by which it is enacted amended shall not affect or abate the status as a crime of any act or omission which occurred prior to July 1, 2001 2005, nor shall the prosecution of such crime be abated as a result of such enactment amendment.
(d)(1) As used in this subsection, the term 'anhydrous ammonia' means any substance identified to contain the compound ammonia which is capable of being utilized in the production of methamphetamine or any other controlled substance. (2) Any person, firm, or corporation transporting methamphetamine, amphetamine, any mixture containing either methamphetamine or amphetamine, anhydrous ammonia, or any mixture containing anhydrous ammonia shall be subject to all rules and regulations promulgated by the commissioner pursuant to Code Section 46-7-26

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governing the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials. (3) Notwithstanding the provisions of subsection (a) of this Code section, the commissioner may impose civil monetary penalties in an amount not to exceed $25,000.00 for each violation of any rules and regulations promulgated pursuant to Code Section 46-7-26 with respect to persons transporting methamphetamine, amphetamine, any mixture containing either methamphetamine or amphetamine, anhydrous ammonia, or any mixture containing anhydrous ammonia.
40-16-7. (a) The department shall be a budget unit to which funds may be appropriated as provided in the 'Budget Act,' Part 1 of Article 4 of Chapter 12 of Title 45. The department shall be an independent and distinct department of state government. The duties of the department shall be performed by that department and not by any other agency of state government, and the department shall not perform the duties of any other agency of state government. The position of commissioner of motor vehicle safety driver services shall be a separate and distinct position from any other position in state government. The duties of the commissioner shall be performed by the commissioner and not by any other officer of state government, and the commissioner shall not perform the duties of any other officer of state government. (b) Appropriations to the Department of Revenue, the Department of Public Safety, the Department of Transportation, and the Public Service Commission for functions transferred to and from the Department of Motor Vehicle Safety pursuant to this chapter and other departments may be transferred to the Department of Motor Vehicle Safety and from such departments as provided for in Code Section 45-12-90, relating to disposition of appropriations for duties, purposes, and objects which have been transferred. Personnel, equipment, and facilities previously employed by the Department of Revenue, the Department of Public Safety, the Department of Transportation, and the Public Service Commission for such transferred functions shall likewise be transferred to the Department of Motor Vehicle Safety appropriate departments. Contracts relating to functions transferred to and from the Department of Motor Vehicle Safety and other departments, and any rights of renewal under such contracts, shall also be transferred to the appropriate departments. Any disagreement between such departments as to any such transfers shall be determined by the Governor. (c) Except as specifically provided otherwise by law, all fines and forfeitures collected for criminal violations cited by the departments enforcement officers investigators shall, after deduction from the total fine or forfeiture of the amounts due the Peace Officers Annuity and Benefit Fund and the Sheriffs Retirement Fund of Georgia and any other deductions specified by law, be paid by the clerk of the court into the fine and forfeiture fund of the county treasurer in the same manner and subject to the same rules of distribution as other fines and forfeitures.

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PART II Amendments to Code Section 3-3-23.1.
Alcoholic beverage offenses.
SECTION 2-1. Code Section 3-3-23.1, relating to punishment for offenses involving furnishing alcoholic beverages to, and purchasing, attempting to purchase, and possession of alcoholic beverages by, a person under 21 years of age, is amended by striking subsection (f) and inserting in its place a new subsection to read as follows:
(f) In addition to any other punishment or sentence, the court may order all persons convicted under subsection (b) of this Code section or sentenced under subsection (c) of this Code section to complete a DUI Alcohol or Drug Use Risk Reduction Program prescribed by the Department of Human Resources Driver Services within 120 days of such conviction or sentence. Failure to complete such program within 120 days shall be contempt of court and shall be punished by a fine of not more than $300.00 or 20 days imprisonment, or both. If the conviction or sentence results from a charge of unlawful possession of alcoholic beverages while operating a motor vehicle, the court shall report such conviction or sentence to the Department of Motor Vehicle Safety Driver Services within ten days after conviction or sentencing.
PART III Amendments to Article 2 of Chapter 8-2. Factory built buildings and dwelling units.
SECTION 3-1. Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, is amended by striking Part 4, relating to manufactured or mobile homes, and inserting in its place a new part to read as follows:
Part 4 Subpart 1
8-2-180. 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' means the state revenue commissioner and includes any county tax commissioner when so authorized by the state revenue 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.

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(5) 'Mobile home' has the meaning specified in paragraph (6) of Code Section 8-2160.
8-2-181. (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. (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 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. The clerk shall provide the owner with a certified copy of the certificate, 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 together with all other prior title records related to the home. When a properly executed certificate 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.

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(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 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 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 2 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; (4) A description of the real estate on which the home was previously located,

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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; 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 containing thereon confirmation by the commissioner of motor vehicle safety that the certificate 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 contains thereon the confirmation by the commissioner of motor vehicle safety that the certificate 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 other instruments affecting the real property described in the certificate 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; (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

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recording of the former 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 containing thereon confirmation by the commissioner of motor vehicle safety that the certificate 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 contains thereon the confirmation by the commissioner of motor vehicle safety that the certificate 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 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 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.
PART IV Amendments to Title 10.
Commerce and trade.
SECTION 4-1. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended in Code Section 10-1-350, relating to definitions applicable to secondary metals recyclers, by striking paragraph (5) and inserting in its place a new paragraph to read as follows:

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(5) 'Personal identification card' means a drivers license or identification card issued by the Department of Motor Vehicle Safety Driver Services or a similar card issued by another state, a military identification card, a passport, or an appropriate work authorization issued by the United States Immigration and Naturalization Service U.S. Citizenship and Immigration Services of the Department of Homeland Security.
SECTION 4-2. Said Title 10 is further amended in Code Section 10-1-393, relating to prohibited unfair or deceptive practices in consumer transactions, by striking paragraph (28) of subsection (b) and inserting in its place a new paragraph to read as follows:
(28) Any violation of the rules and regulations promulgated by the Department of Human Resources Driver Services pursuant to subsection (e) of Code Section 40-5-83 which relates to the consumer transactions and business practices of DUI Alcohol or Drug Use Risk Reduction Programs, except that the Department of Human Resources Driver Services shall retain primary jurisdiction over such complaints;.
SECTION 4-3. Said Title 10 is further amended in Code Section 10-1-645, relating to warranty reimbursement policies under the "Georgia Motor Vehicle Franchise Practices Act," by striking subsection (d) and inserting in its place a new subsection to read as follows:
(d) If a franchisor contracts with its dealers, the franchisor shall certify under oath to the Department of Motor Vehicle Safety Revenue that a majority of the dealers of that line make did agree to such an agreement and file a sample copy of the agreement. On an annual basis, each dealer shall certify under oath to the department that the reimbursement costs it recovers under subparagraph (c)(2)(A) of this Code section do not exceed the amounts authorized by subparagraph (c)(2)(A) of this Code section. The franchisor shall maintain for a period of three years a file that contains the information upon which its certification is based.
SECTION 4-4. Said Title 10 is further amended by striking Code Sections 10-1-665, 10-1-666, and 10-1667, relating to respectively to definitions, enforcement, and administrative review under the "Georgia Motor Vehicle Franchise Practices Act," and inserting in their place new Code sections to read as follows:
10-1-665. As used in this part, the term:
(1) 'Commissioner' means the state revenue commissioner of motor vehicle safety. (2) 'Department' means the Department of Motor Vehicle Safety Revenue.
10-1-666. As an alternative to and in addition to any civil or criminal enforcement of this article, the state revenue commissioner of motor vehicle safety by and through the Department of Motor Vehicle Safety Revenue is authorized to enforce the provisions of this article

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and any order issued pursuant to the enforcement of this article.
10-1-667. Any dealer, distributor, or manufacturer who is aggrieved by a violation of any provision of this article may file a petition with the Department of Motor Vehicle Safety Revenue setting forth the facts supporting the allegation of such violation. The commissioner shall issue an administrative order, whenever the commissioner, after notice to all parties and after a hearing, determines that a violation of this article or any order issued under this article has occurred. The notice and the hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any party who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The commissioner or the prevailing party may file, in the superior court in the county wherein the party under order resides or, if such party is a corporation, in the county wherein the corporation maintains its established place of business or its agent for service of process is located, or in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The remedy prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available under the laws of this state.
PART V Amendments to Title 15.
Courts.
SECTION 5-1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code Section 15-11-66, relating to disposition of delinquent children in juvenile court proceedings, by striking subsection (b) and inserting in its place a new subsection to read as follows:
(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

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suspension and return it to the offender at the end of such period. The court shall notify the Department of Motor Vehicle Safety Driver Services 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 addition to any other treatment or rehabilitation, order the child to serve up to a maximum of 90 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.
SECTION 5-2. Said Title 15 is further amended in Code Section 15-11-73, relating to juvenile traffic offenses, by striking subsections (g) and (j) and inserting in their respective places new subsections to read as follows:
(g) Disposition. If the court finds on the admission of the child or upon the evidence that the child committed the offense charged, it may make one or more of the following orders:
(1) Reprimand, counsel, or warn the child and the childs parents; provided, however, that this dispositional order is not available for any offense listed in subsection (c) of this Code section; (2) As a matter of probation or if the child is committed to the custody of the state, order the Department of Motor Vehicle Safety Driver Services to suspend the childs privilege to drive under stated conditions and limitations for a period not to exceed 12 months; (3) Require the child to attend a traffic school conducted approved by the Department of Motor Vehicle Safety Driver Services or a substance abuse clinic or program approved by either the Department of Human Resources or the Council of Juvenile Court Judges for a reasonable period of time; (4) Order the child to remit to the general fund of the county a sum not exceeding the maximum applicable to an adult for a like offense; (5) Require the child to participate in a program of community service as specified by the court; (6) Impose any sanction authorized by Code Section 15-11-66, 15-11-67, or 15-1168; or (7) Place the child on probation subject to the conditions and limitations imposed by Title 40 on probation granted to adults for like offenses, but such probation shall be supervised by the court as provided in Code Section 15-11-66. (j) Reporting procedure. Upon finding that the child has committed a juvenile traffic offense or a delinquent offense which would be a violation of Title 40 if committed by an adult, the court shall forward, within ten days, a report of the final adjudication and disposition of the charge to the Department of Motor Vehicle Safety Driver Services; provided, however, that this procedure shall not be applicable to those cases which have been dismissed or in which the child and the childs parents have been reprimanded, counseled, or warned by the court pursuant to paragraph (1) of subsection (g) of this Code section. The Department of Motor Vehicle Safety Driver Services shall record the

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adjudication and disposition of the offense on the childs permanent record and such adjudication and disposition shall be deemed a conviction for the purpose of suspending or revoking the individuals drivers license. Such record shall also be available to law enforcement agencies and courts as are the permanent traffic records of adults.
SECTION 5-3. Said Title 15 is further amended Code Section 15-12-40, relating to compilation, maintenance, and revision of jury lists, by striking paragraph (1) of subsection (a) and inserting in its place a new paragraph to read as follows:
(1) At least biennially, unless otherwise directed by the chief judge of the superior court, the board of jury commissioners shall compile, maintain, and revise a trial jury list of upright and intelligent citizens of the county to serve as trial jurors and a grand jury list of the most experienced, intelligent, and upright citizens of the county to serve as grand jurors. In composing the trial jury list, the board of jury commissioners shall select a fairly representative cross section of the intelligent and upright citizens of the county. In composing the grand jury list, the board of jury commissioners shall select a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county. In carrying out revisions of the trial jury list and grand jury list on or after July 1, 2002, the board of jury commissioners shall make use of all of the following:
(A) A list of all residents of the county who are the holders of drivers licenses or personal identification cards issued by the Department of Motor Vehicle Safety Driver Services pursuant to the provisions of Chapter 5 of Title 40; and the Department of Motor Vehicle Safety Driver Services shall periodically make such a list available to the board of jury commissioners of each county; (B) The registered voters list in the county; and (C) Any other list of persons resident in the county as may be deemed appropriate by the board of jury commissioners. The Department of Motor Vehicle Safety Driver Services shall provide a list, which includes the name, address, date of birth, gender, drivers license or personal identification card number issued pursuant to the provisions of Chapter 5 of Title 40, and, whenever racial and ethnic information is collected by the Department of Motor Vehicle Safety Driver Services for purposes of voter registration pursuant to Code Section 21-2-221, racial and ethnic information, to the board of jury commissioners of each county. No jury list compiled prior to July 1, 2002, shall be rendered invalid by the use of or a failure to make use of the sources specified in this Code section; but each revision of the jury list on or after that date shall make use of all such sources to the extent actually available to the board of jury commissioners.
PART VI Amendments to Article 4 of Chapter 16-8.
Motor vehicle chop shops.

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SECTION 6-1. Article 4 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to motor vehicle chop shops, is amended in Code Section 16-8-82, relating to definitions applicable to said article, by striking paragraph (5) and inserting in its place a new paragraph to read as follows:
(5) 'Vehicle identification number' includes, but is not limited to, a number or numbers, a letter or letters, a character or characters, a datum or data, a derivative or derivatives, or a combination or combinations thereof, used by the manufacturer or the Department of Motor Vehicle Safety Revenue for the purpose of uniquely identifying a motor vehicle or motor vehicle part.
SECTION 6-2. Said Article 4 of Chapter 8 of Title 16 is further amended in Code Section 16-8-85, relating to forfeiture of seized property, by striking paragraph (2) of subsection (f) and subsections (k), (l), and (r) and inserting in their respective places a new paragraph and subsections to read as follows:
(2) The prosecutor shall give notice of the forfeiture proceeding by mailing a copy of the complaint in the forfeiture proceeding to each person whose right, title, or interest is of record in the Department of Motor Vehicle Safety Revenue, the Department of Transportation, the Federal Aviation Agency, or any other department or agency of this state, any other state or territory of the United States, or of the federal government if such property is required to be registered with any such department or agency. (k) No motor vehicle or motor vehicle part shall be forfeited under this Code section solely on the basis that it is unidentifiable. Instead of forfeiture, any seized motor vehicle or motor vehicle part which is unidentifiable shall be the subject of a written report sent by the seizing agency to the Department of Motor Vehicle Safety Revenue, which report shall include a description of the motor vehicle or motor vehicle part, including its color, if any; the date, time, and place of its seizure; the name of the person from whose possession or control it was seized; the grounds for its seizure; and the location where the same is held or stored. (l) When a seized unidentifiable motor vehicle or motor vehicle part has been held for 60 days or more after the notice to the Department of Motor Vehicle Safety Revenue specified in subsection (k) of this Code section has been given, the seizing agency, or its agent, shall cause the motor vehicle or motor vehicle part to be sold at a public sale to the highest bidder. Notice of the time and place of sale shall be posted in a conspicuous place for at least 30 days prior to the sale on the premises where the motor vehicle or motor vehicle part has been stored. (r) When an applicant for a certificate of title or salvage certificate of title presents to the Department of Motor Vehicle Safety Revenue proof that the applicant purchased or acquired a motor vehicle at public sale conducted pursuant to this Code section and such fact is attested to by the seizing agency, the Department of Motor Vehicle Safety Revenue shall issue a certificate of title or a salvage certificate of title, as determined by the state revenue commissioner of motor vehicle safety, for such motor vehicle upon

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receipt of the statutory fee, a properly executed application for a certificate of title or other certificate of ownership, and the affidavit of the seizing agency that a state assigned number was applied for and affixed to the motor vehicle prior to the time that the motor vehicle was released by the seizing agency to the purchaser.
PART VII Amendments to Title 17.
Criminal procedure.
SECTION 7-1. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in Code Section 17-5-50, relating to handling and disposition of seized property, by striking paragraph (2) of subsection (b) and inserting in its place a new paragraph to read as follows:
(2) If the person from whom custody of the property was taken fails to assert a claim to such property, upon any applicant furnishing satisfactory proof of ownership of such property and presentation of proper personal identification, the person in charge of the property section may deliver such property to the applicant. The person to whom property is delivered shall sign, under penalty of false swearing, a declaration of ownership, which shall be retained by the person in charge of the property section. Such declaration, absent any other proof of ownership, shall be deemed satisfactory proof of ownership for the purposes of this Code section; provided, however, that, in the case of motor vehicles, trailers, tractors, or motorcycles which are required to be registered with the state revenue commissioner of motor vehicle safety, any such stolen vehicle shall be returned to the person evidencing ownership of such vehicle through a certificate of title, tag receipt, bill of sale, or other such evidence. The stolen vehicle shall be returned to the person evidencing ownership within two days after such person makes application for the return of such vehicle unless a hearing on the ownership of such vehicle is required under this Code section or unless law enforcement needs the stolen vehicle for further criminal investigation purposes. Prior to such delivery, such person in charge of the property section shall make and retain a complete photographic record of such property. Such delivery shall be without prejudice to the state or to the person from whom custody of the property was taken or to any other person who may have a claim against the property.
SECTION 7-2. Said Title 17 is further amended in Code Section 17-6-2, relating to bail in misdemeanor cases, by striking paragraphs (3) and (4) of subsection (a) and inserting in their place new paragraphs to read as follows:
(3) A failure to appear by the individual who has been charged with a misdemeanor offense and who posted that individuals license as bail pursuant to this subsection shall, by operation of law, cause that individuals license to be suspended by the Department of Motor Vehicle Safety Driver Services effective immediately, and the

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clerk of the court within five days after that failure to appear shall forward a copy of the agreement to the Department of Motor Vehicle Safety Driver Services which shall enter the suspension upon the individuals driver history record. The posting of a license as provided in this subsection shall also be considered as bail for the purposes of Code Section 16-10-51. Where the original court date has been continued by the judge, clerk, or other officer of the court and there has been actual notice given to the defendant in open court or in writing by a court official or officer of the court or by mailing such notice to the defendants last known address, then the provisions of this paragraph shall apply to the new court appearance date. (4) A license suspended pursuant to this subsection shall only be reinstated when the individual shall pay to the Department of Motor Vehicle Safety Driver Services a restoration fee of $25.00 together with a certified notice from the clerk of the originating court that the case has either been disposed of or has been rescheduled and a deposit of sufficient collateral approved by the sheriff of the county wherein the charges were made in an amount to satisfy the original bail amount has been paid. The court wherein the charges are pending shall be authorized to require payment of costs by the defendant in an amount not to exceed $100.00 to reschedule the case.
SECTION 7-3. Said Title 17 is further amended by striking Code Section 17-6-11, relating to display of drivers license in lieu of bail, and inserting in its place a new Code section to read as follows:
17-6-11. (a) Any other laws to the contrary notwithstanding, any person who is apprehended by an officer for the violation of the laws of this state or ordinances relating to: (1) traffic, including any offense under Code Section 40-5-72 or 40-6-10, but excepting any other offense for which a license may be suspended for a first offense by the commissioner of motor vehicle safety driver services, any offense covered under Code Section 40-5-54, or any offense covered under Article 15 of Chapter 6 of Title 40; (2) the licensing and registration of motor vehicles and operators; (3) the width, height, and length of vehicles and loads; (4) motor common carriers and motor contract carriers; or (5) road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48 upon being served with the official summons issued by such apprehending officer, in lieu of being immediately brought before the proper magistrate, recorder, or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance ordering incarceration, may display his or her drivers license to the apprehending officer in lieu of bail, in lieu of entering into a recognizance for his or her appearance for trial as set in the aforesaid summons, or in lieu of being incarcerated by the apprehending officer and held for further action by the appropriate judicial officer. The apprehending officer shall note the drivers license number on the official summons. The summons duly served as provided in this Code section shall give the judicial officer jurisdiction to dispose of the matter. (b) Upon display of the drivers license, the apprehending officer shall release the

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person so charged for his or her further appearance before the proper judicial officer as required by the summons. The court in which the charges are lodged shall immediately forward to the Department of Motor Vehicle Safety Driver Services of this state the drivers license number if the person fails to appear and answer to the charge against him or her. The commissioner of motor vehicle safety driver services shall, upon receipt of a license number forwarded by the court, suspend the drivers license and driving privilege of the defaulting person until notified by the court that the charge against the person has been finally adjudicated. Such persons license shall be reinstated if the person submits proof of payment of the fine from the court of jurisdiction and pays to the Department of Motor Vehicle Safety Driver Services a restoration fee of $35.00 $50.00 or $25.00 when such reinstatement is processed by mail. (b.1) It shall be the duty of a law enforcement officer or emergency medical technician responding to the scene of any motor vehicle accident or other accident involving a fatal injury to examine immediately the drivers license of the victim to determine the victims wishes concerning organ donation. If the victim has indicated that he or she wishes to be an organ donor, it shall be the duty of such law enforcement officer or emergency medical technician to take appropriate action to ensure, if possible, that the victims organs shall not be imperiled by delay in verification by the donors next of kin. (c) Nothing in this Code section bars any law enforcement officer from arresting or from seizing the drivers license of any individual possessing a fraudulent license or a suspended license or operating a motor vehicle while his or her license is suspended, outside the scope of a driving permit, or without a license. (d) The commissioner of motor vehicle safety driver services shall be authorized to promulgate reasonable rules and regulations to carry out the purposes of this Code section and to establish agreements with other states whereby a valid license from that state may be accepted for purposes of this Code section.
SECTION 7-4. Said Title 17 is further amended in Code Section 17-10-3, relating to punishment for misdemeanors, by striking subsections (d) and (e) and inserting in their place new subsections to read as follows:
(d) In addition to or instead of any other penalty provided for the punishment of a misdemeanor involving a traffic offense, or punishment of a municipal ordinance involving a traffic offense, with the exception of habitual offenders sentenced under Code Section 17-10-7, a judge may impose any one or more of the following sentences:
(1) Reexamination by the Department of Motor Vehicle Safety Driver Services when the judge has good cause to believe that the convicted licensed driver is incompetent or otherwise not qualified to be licensed; (2) Attendance at, and satisfactory completion of, a driver improvement course meeting standards approved by the court; (3) Within the limits of the authority of the charter powers of a municipality or the

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punishment prescribed by law in other courts, imprisonment at times specified by the court or release from imprisonment upon such conditions and at such times as may be specified; or (4) Probation or suspension of all or any part of a penalty upon such terms and conditions as may be prescribed by the judge. The conditions may include driving with no further motor vehicle violations during a specified time unless the driving privileges have been or will be otherwise suspended or revoked by law; reporting periodically to the court or a specified agency; and performing, or refraining from performing, such acts as may be ordered by the judge. (e) Any sentence imposed under subsection (d) of this Code section shall be reported to the Department of Motor Vehicle Safety Driver Services as prescribed by law.
PART VIII Amendments to Chapter 19-11.
Child support enforcement.
SECTION 8-1. Chapter 11 of Title 19, relating enforcement of duty of support, is amended in Code Section 19-11-9.1, relating to information used for support enforcement purposes, by striking subsection (a.1) and inserting in its place a new subsection to read as follows:
(a.1)(1) In accordance with the mandate contained in 42 U.S.C. Section 666(a)(13)(A) and notwithstanding any provision of Title 40 relating to motor vehicles as now existing or hereafter amended, the Department of Motor Vehicle Safety Driver Services shall require an applicant for a drivers license, a commercial drivers license, a learners permit, or an identification card to provide to the Department of Motor Vehicle Safety Driver Services the applicants social security number or certification from the Social Security Administration that the applicant is not eligible for issuance of a social security number because he or she is an alien not authorized to work in the United States as part of the application. Notwithstanding the foregoing, nothing in this Code section shall be construed so as to authorize the issuance of any drivers license, permit, or identification card to any person who is not either a United States citizen or an alien with legal authorization from the United States Immigration and Naturalization Service a resident as defined in Code Section 40-5-1. If the Immigration and Naturalization Service status legal authorization of such person is terminated or expired, any Georgia drivers license issued to such person shall be revoked. The Department of Motor Vehicle Safety Driver Services shall provide to the Department of Human Resources, in addition to other information required to be provided to the Department of Human Resources, such social security numbers of individuals who have been issued a drivers license, a commercial drivers license, a learners permit, or an identification card. The Department of Human Resources shall use the information provided by the Department of Motor Vehicle Safety Driver Services pursuant to this Code section for the purpose of complying with the requirements of law concerning the enforcement of child support.

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(2) In accordance with the mandate contained in 42 U.S.C. Section 666(a)(13)(A) and notwithstanding any provision of Chapter 2 of Title 27 relating to licenses and permits as now existing or hereafter amended, the Department of Natural Resources shall require an applicant for a license or permit pursuant to Chapter 2 of Title 27 to provide to the Department of Natural Resources the applicants social security number as a part of the license or permit application. The Department of Natural Resources shall provide to the Department of Human Resources, along with other information required to be provided to the Department of Human Resources, the social security numbers of individuals who have been issued a license or permit pursuant to Chapter 2 of Title 27. The Department of Human Resources shall use the information provided by the Department of Natural Resources pursuant to this Code section for the purpose of complying with the requirements of law concerning the enforcement of child support. (3) The information collected by the Department of Motor Vehicle Safety Driver Services and the Department of Natural Resources and transmitted to the Department of Human Resources pursuant to paragraphs (1) and (2) of this subsection shall be deemed confidential and not subject to public disclosure but may be shared with other state agencies as needed to comply with federal law.

SECTION 8-2. Said Chapter 11 of Title 19 is further amended in Code Section 19-11-18, relating to collection procedures, notice, and judicial review by striking subparagraph (b)(3)(C) and inserting in its place a new subparagraph to read as follows:
(C) With respect to motor vehicles for which a certificate of title is required pursuant to Chapter 3 of Title 40, the IV-D agency may file notice of a child support lien with the social security number of the obligor noted thereon with the Department of Motor Vehicle Safety Revenue. A child support lien shall become perfected as of the date a certificate of title showing the child support lien is issued by the department and the permanent records of the department are changed to reflect such lien. A filed or recorded but unperfected child support lien shall be valid against the obligor. A filed or recorded but unperfected child support lien shall not constitute actual or constructive notice to and shall not be valid against owners of the motor vehicle who are not the obligor and shall not constitute actual or constructive notice to and shall not be valid against individuals or entities which become transferees of the motor vehicle prior to perfection, creditors of the obligor, or holders of security interests or liens in the motor vehicle which have been perfected in accordance with Chapter 3 of Title 40 prior to perfection of the child support lien. A child support lien perfected as provided in this subparagraph shall be subordinate to any security interest or lien which has been perfected prior to the perfection of the child support lien and shall be subordinate to mechanics liens regardless of when perfected.

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PART IX Amendments to Title 20.
Education.
SECTION 9-1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Code Section 20-2-142, relating to prescribed courses of education in public elementary and secondary schools, by striking subsection (b) and inserting in its place a new subsection to read as follows:
(b)(1) The State Board of Education and the Board of Public Safety Driver Services shall jointly establish an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consuming alcohol or certain drugs in connection with the operation of a motor vehicle. The course shall be designed to generate greater interest in highway safety and accident prevention. The state board and the Board of Public Safety Driver Services shall jointly, by rules or regulations, determine the contents of the course and its duration. The commissioner of public safety driver services shall make available officers, employees, officials, agents, contractors, or other appropriate representatives as determined by the commissioner of the Department of Public Safety driver services to teach the alcohol and drug course. The alcohol and drug course shall be offered periodically but not less than once annually in the public schools of this state to students in grades nine and above in the manner prescribed by the state board. (2) All schools with grade nine or above which receive funds in any manner from the state shall make available to eligible students the alcohol and drug course provided in paragraph (1) of this subsection. (3) The commissioner of public safety driver services shall make the alcohol and drug course, and instructors where necessary, available to the private schools in this state. In addition, the commissioner of public safety driver services shall offer the alcohol and drug course periodically at various locations in the state in the manner provided by the Board of Public Safety Driver Services.
SECTION 9-2. (a) Said Title 20 is further amended in Code Section 20-2-701, relating to enforcement of required school attendance, by striking subsection (c) of the Code section, as amended by Section 11B of Ga. L. 2004, p. 107, and inserting in its place a new subsection to read as follows:
(c) Local school superintendents or visiting teachers and attendance officers shall report to the State Board of Education, which shall, in turn, report to the Department of Motor Vehicle Safety Driver Services any child 14 years of age or older who does not meet the attendance requirements contained in subsection (a.1) of Code Section 40-522. Such report shall include the childs name, current address, and social security number, if known. (b) This section of this Act shall become effective only when subsection (c) of Code

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Section 20-2-701 becomes effective as provided in subsection (d) of that Code section, as amended by Section 11B of Ga. L. 2004, p. 107.
PART X Amendments to Chapter 21-2. The "Georgia Election Code."
SECTION 10-1. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code" is amended in Code Section 21-2-220, relating to application for voter registration, by striking subsection (a) and inserting in its place a new subsection to read as follows:
(a) Any person desiring to register as an elector shall apply to do so by making application to a registrar or deputy registrar of such persons county of residence in person, by submission of the federal post card application form as authorized under Code Section 21-2-219, by making application through the Department of Motor Vehicle Safety Driver Services as provided in Code Section 21-2-221, by making application through the Department of Natural Resources as provided in Code Section 21-2-221.1, by making application through designated offices as provided in Code Section 21-2-222, or by making application by mail as provided in Code Section 21-2223.
SECTION 10-2. Said Chapter 2 of Title 21 is further amended by striking Code Section 21-2-221, relating to drivers license or identification card application as application for voter registration, and inserting in its place a new Code section to read as follows:
21-2-221. (a) Each application to obtain, renew, or change the name or address on a drivers license or identification card issued by the Department of Motor Vehicle Safety Driver Services pursuant to Chapter 5 of Title 40 made by an applicant who is within six months of such applicants eighteenth birthday or older shall also serve as an application for voter registration unless the applicant declines to register to vote through specific declination or by failing to sign the voter registration application. (b) The commissioner of motor vehicle safety driver services and the Secretary of State shall agree upon and design such procedures and forms as will be necessary to comply with this Code section. (c) The forms designed by the commissioner of motor vehicle safety driver services and the Secretary of State:
(1) Shall not require the applicant to duplicate any information required in the drivers license portion of the application with the exception of a second signature; (2) Shall include such information as required on other voter registration cards issued by the Secretary of State; (3) Shall contain a statement that states each eligibility requirement contained in Code Section 21-2-216, that contains an attestation that the applicant meets each such

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requirement, and that requires the signature of the applicant under penalty of perjury; and (4) Shall include, in print that is identical to that used in the attestation, the penalties provided by law for submission of a false voter registration application; and a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes. (d) Any change of address submitted to the Department of Motor Vehicle Safety Driver Services for the purpose of changing the information contained on a drivers license or identification card issued by the Department of Motor Vehicle Safety Driver Services shall serve as a notification of change of address for voter registration unless the registrant states that at the time of submitting the change of address that the change of address is not for voter registration purposes. (e) The Department of Motor Vehicle Safety Driver Services shall transmit the completed applications for voter registration to the Secretary of State at the conclusion of each business day. The Secretary of State shall forward the applications to the appropriate county board of registrars to determine the eligibility of the applicant and, if found eligible, to add the applicants name to the list of electors and to place the applicant in the correct precinct and voting districts. (f) The Department of Motor Vehicle Safety Driver Services shall maintain such statistical records on the number of registrations and declinations as requested by the Secretary of State. (g) No information relating to the failure of an applicant for a drivers license or identification card issued by the Department of Motor Vehicle Safety Driver Services to sign a voter registration application may be used for any purpose other than voter registration. (h) The Secretary of State and the commissioner of motor vehicle safety driver services shall have the authority to promulgate rules and regulations to provide for the transmission of voter registration applications and signatures electronically. Such electronically transmitted signatures shall be valid as signatures on the voter registration application and shall be treated in all respects as a manually written original signature and shall be recognized as such in any matter concerning the voter registration application.
PART XA Amendment to Code Section 24-3-17.
Evidentiary use of records.
SECTION 10A-1. Code Section 24-3-17, relating to evidentiary use of certain departmental records, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
24-3-17.

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(a) A certified copy of any record of the Department of Public Safety or the Department of Driver Services or comparable agency in any other state is admissible in any judicial proceedings or administrative hearing in the same manner as the original of the record. (b) Any court may receive and use as evidence in any case information otherwise admissible from the records of the Department of Public Safety or the Department of Driver Services obtained from any terminal lawfully connected to the Georgia Crime Information Center without the need for additional certification of those records. (c) Any court may receive and use as evidence for the purpose of imposing a sentence in any criminal case information otherwise admissible from the records of the Department of Driver Services obtained from a request made in accordance with a contract with the Georgia Technology Authority for immediate on-line electronic furnishing of information.
PART XI Amendment to Code Section 27-2-3.1. Hunting licenses and sportsmans licenses.
SECTION 11-1. Code Section 27-2-3.1, relating to hunting licenses and sportsmans licenses, is amended by striking subsection (e) and inserting in its place a new subsection to read as follows:
(e) The requirements in this title for procuring any license, stamp, or permit for noncommercial hunting and fishing privileges shall be satisfied by a resident or nonresident who procures a lifetime sportsmans license. An applicant for such license who is a resident shall, prior to the issuance of the license, provide satisfactory evidence of residency. An applicant for such license who is a nonresident shall not be eligible for issuance of such license unless he or she is under 16 years of age and is the grandchild of a resident who holds a valid paid lifetime sportsmans license. The resident grandparent who holds such a lifetime sportsmans license and who is the sponsor of a nonresident applicant for a lifetime sportsmans license must certify the nonresident applicants relationship to him or her in writing to the department. For purposes of procuring a lifetime sportsmans license, the term 'residency' means a domicile within Georgia for a minimum of 12 consecutive months immediately prior to procuring such license. Satisfactory evidence of residency shall consist of a current Georgia drivers license or official Georgia identification card issued by the Department of Motor Vehicle Safety Driver Services and at least one of the following:
(1) A voter registration card; (2) A copy of the prior years Georgia income tax return; (3) A current Georgia automobile registration; or (4) A warranty deed to property at the same address as is displayed on the Georgia drivers license. Minors under 18 years of age shall be presumed to be residents upon proof of parents residency as provided for in this Code section. For purposes of procuring the Type I

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(Infant) lifetime license, a certified copy of the birth certificate of the licensee shall be required.
PART XII Amendments to Chapter 32-6. Regulation of maintenance and use of public roads generally.
SECTION 12-1. Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads generally, is amended in Code Section 32-6-2, relating to regulation of parking, by striking paragraph (1) and inserting in its place a new paragraph to read as follows:
(1) The department may regulate and prohibit the parking of any type of vehicle on any public road on the state highway system, including extensions thereof into or through municipalities. Whenever any state or local law enforcement officer or employee of the Department of Motor Vehicle Safety to whom law enforcement authority has been designated finds a vehicle parked in violation of law or the departments regulations, such officer or employee is authorized to move such vehicle or require the driver or other person in charge of the vehicle to move the same. If the vehicle is unattended, such officer or employee is authorized to remove or provide for the removal of such vehicle to the nearest garage or other place of safety at the owners expense. State or local law enforcement officers and the department are further authorized, with or without the consent of the owner, to remove or have removed any obstruction, cargo, or personal property which is abandoned, unattended, or damaged as a result of a vehicle accident which the department determines to be a threat to public health or safety or to mitigate traffic congestion.;
SECTION 12-2. Said Chapter 6 of Title 32 is further amended by striking Code Section 32-6-27, relating to enforcement of load limitations, and inserting in its place a new Code section to read as follows:
32-6-27. (a) Any person who violates the load limitation provisions of Code Section 32-6-26 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; (2) Where a vehicle is authorized to exceed the weight limitations of Code Section 32-6-26 by a permit issued pursuant to Code Section 32-6-28, the term 'excess weight' means that weight which exceeds the weight allowed by such permit. For such

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vehicles, damages for excess weight shall be assessed according to the following schedule: 125 percent times, in each category of excess weights, the rate imposed on offending vehicles operating without a permit.
(a.1)(1)(A) The Department of Motor Vehicle Safety Public Safety is authorized to issue a citation to the owner or operator of any vehicle in violation of a maximum weight limit on a county road which is a designated local truck route under subsection (f) of Code Section 32-6-26 and for which signs have been placed and maintained as required under paragraph (2) of subsection (c) of Code Section 32-650. (B) The Department of Motor Vehicle Safety Public Safety is authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a county road which is a designated local truck route under subsection (f) of Code Section 32-6-26 but for which signs have not been placed or maintained as required under paragraph (2) of subsection (c) of Code Section 32-6-50 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation. (2)(A) The Department of Motor Vehicle Safety Public Safety is authorized to issue a citation to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge for which signs have been placed and maintained as required under paragraph (3) of Code Section 32-4-41 or subsection (a.1) of Code Section 32-4-91. (B) The Department of Motor Vehicle Safety Public Safety is authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge but for which signs have not been placed or maintained as required under paragraph (3) of Code Section 32-4-41 or subsection (a.1) of Code Section 32-4-91 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation. (b) The schedules listed in paragraphs (1) and (2) of subsection (a) of this Code section shall apply separately to (1) the excess weight of the gross load and (2) the sum of the excess weight or weights of any axle or axles, provided that where both gross load and axle weight limits are exceeded, the owner or operator shall be required to recompense the state only for the largest of the money damages imposed under items (1) and (2) of this subsection. (c)(1) Within 30 days after the issuance of the citation, the owner or operator of any offending vehicle shall pay the amount of the assessment to the Department of Motor Vehicle Safety Public Safety or request an administrative determination of the amount and validity of the assessment. (2) The right to an administrative determination of the amount and validity of the assessment shall be granted only to the owner or operator of an offending vehicle. (3) The party requesting an administrative determination of the amount and validity of the assessment shall deposit the amount of the assessment with the Department of Motor Vehicle Safety Public Safety, within the time permitted to request such determination, before the determination will be granted. In the event the assessment is determined to be erroneous, the Department of Motor Vehicle Safety Public Safety

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shall make prompt refund of any overpayment after receipt of a final decision making such determination. (4) If an administrative hearing is requested, it shall be held in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations of the Department of Motor Vehicle Safety Public Safety. The scope of any such hearing shall be limited to a determination of:
(A) The weight of the offending vehicle; (B) The maximum weight allowed by law on the roadway upon which the offending vehicle was operated; and (C) Whether the operator had in his or her actual possession a valid oversize or overweight permit issued by the Department of Transportation allowing the vehicle to operate in excess of the maximum weight otherwise allowed by law on the roadway upon which the offending vehicle was operated. (5) Any person who has exhausted all administrative remedies available within the Department of Motor Vehicle Safety Public Safety and who is aggrieved by a final order of the Department of Motor Vehicle Safety Public Safety is entitled to judicial review in accordance with Chapter 13 of Title 50. (6) If a party requests an administrative determination of the amount and validity of the assessment and fails to appear without first obtaining permission from the administrative law judge or does not withdraw the request in writing no less than five days in advance of a scheduled hearing, the party shall be deemed in default and the citation shall be affirmed by operation of law. The party shall be deemed to owe the sum of $75.00 in addition to the amount due on the citation, which sum shall represent hearing costs. (d) All moneys collected in accordance with this Code section shall be transmitted to the Department of Motor Vehicle Safety, thereafter to be disposed of as follows: (1) All moneys collected for violations of the weight limitations imposed by this article shall be remitted to the general fund of the state treasury; (2) All moneys collected for violations of the height, width, or length limitations imposed by this article, after the appropriate statutory deductions, shall be retained by the governing authority of the county wherein the violation occurred for deposit in the general treasury of said county; (3) Hearing costs imposed pursuant to paragraph (6) of subsection (c) of this Code section shall be retained by the Department of Motor Vehicle Safety Public Safety; (4) Reissuance fees imposed pursuant to paragraph (4) of subsection (g) of this Code section shall be retained by the Department of Motor Vehicle Safety Revenue; and (5) Restoration fees imposed pursuant to paragraph (1) of subsection (i) of this Code section shall be retained by the Department of Motor Vehicle Safety Revenue. (e) Any owner or operator of a vehicle which is operated on the public roads of this state in violation of the weight limitations provided in this article shall be required, in addition to paying the moneys provided in subsection (a) of this Code section, to unload all gross weight in excess of 6,000 pounds over the legal weight limit before being allowed to move the vehicle.

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(f) Any person authorized by law to enforce this article may seize the offending vehicle of an owner who fails or whose operator fails to pay the moneys prescribed in subsection (a) of this Code section and hold such vehicle until the prescribed moneys are paid. If the offending vehicle is not registered in this state, any person authorized by law to enforce this article may seize any vehicle owned or operated by an owner who fails or whose operator fails to pay the moneys prescribed in subsection (a) of this Code section and hold such vehicle until the prescribed moneys are paid. Any person seizing a vehicle under this subsection or subsection (e) of this Code section may, when necessary, store the vehicle; and the owner thereof shall be responsible for all reasonable storage charges thereon. When any vehicle is seized, held, unloaded, or partially unloaded under these subsections, the load or any part thereof shall be removed or cared for by the owner or operator of the vehicle without any liability on the part of the authorized person or of the state or any political subdivision because of damage to or loss of such load or any part thereof.
(g)(1) Whenever any person, firm, or corporation violates this article and becomes indebted to the Department of Motor Vehicle Safety Public Safety because of such violations and fails within 30 days of the date of issuance of the overweight assessment citation either to pay the assessment or appeal to the Department of Motor Vehicle Safety Public Safety for administrative review, as provided for in subsection (c) of this Code section, such assessment shall become a lien upon the overweight motor vehicle so found to be in violation, which lien shall be superior to all liens except liens for taxes or perfected security interests established before the debt to the Department of Motor Vehicle Safety Public Safety was created. (2) Whenever any person, firm, or corporation requests an administrative review, it shall be held in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' In the event that the administrative law judge finds in favor of the Department of Motor Vehicle Safety Public Safety, the person, firm, or corporation shall pay the assessment within 30 days after that decision becomes final or, if judicial review is had in accordance with Chapter 13 of Title 50, then within 30 days after final judicial review is terminated. If the person, firm, or corporation fails to pay the assessment within 30 days, such assessment shall become a lien as provided for under paragraph (1) of this subsection. (3) The Department of Motor Vehicle Safety Public Safety shall perfect the lien created under this subsection by sending notice thereof on a notice designated by the commissioner of motor vehicle safety public safety, by first-class mail or by statutory overnight delivery, to the owner and all holders of liens and security interests shown on the records of the Department of Motor Vehicle Safety Revenue maintained pursuant to Chapter 3 of Title 40. Upon receipt of notice from the Department of Motor Vehicle Safety Public Safety, the holder of the certificate of title shall surrender same to the state revenue commissioner of motor vehicle safety for issuance of a replacement certificate of title bearing the lien of the department unless the assessment is paid within 30 days of the receipt of notice. The Department of Motor Vehicle Safety Revenue may append its the lien to its records, notwithstanding the

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failure of the holder of the certificate of title to surrender said certificate as required by this paragraph. (4) Upon issuance of a title bearing the lien of the Department of Motor Vehicle Safety Public Safety, or the appending of the lien to the records of the Department of Motor Vehicle Safety Revenue, the owner of the vehicle or the holder of any security interest or lien shown in the records of the department Department of Revenue may satisfy such lien by payment of the amount of the assessment, including hearing costs, if any, and payment of a reissuance fee of $100.00. Upon receipt of such amount, the Department of Motor Vehicle Safety Public Safety shall release its lien and the Department of Revenue shall issue a new title without the lien. (h)(1) The Department of Motor Vehicle Safety Public Safety, in seeking to foreclose its lien on the motor vehicle arising out of an overweight motor vehicle citation assessed under this article, may seek an immediate writ of possession from the court before whom the petition is filed, if the petition contains a statement of facts, under oath, by the Department of Motor Vehicle Safety Public Safety, its agents, its officers, or attorney setting forth the basis of the petitioners claim and sufficient grounds for issuance of an immediate writ of possession. (2) The Department of Motor Vehicle Safety Public Safety shall allege under oath specific facts sufficient to show that it is within the power of the defendant to conceal, encumber, convert, convey, or remove from the jurisdiction of the court the property which is the subject matter of the petition. (3) The court before whom the petition is pending shall issue a writ for immediate possession, upon finding that the petitioner has complied with paragraphs (1) and (2) of this subsection. If the petitioner is found not to have made sufficient showing to obtain an immediate writ of possession, the court may, nevertheless, treat the petition as one being filed under Code Section 44-14-231 and proceed accordingly. (4) When an immediate writ of possession has been granted, the Department of Motor Vehicle Safety Public Safety shall proceed against the defendant in the same manner as provided for in Code Sections 44-14-265 through 44-14-269. (i)(1) Whenever any person, firm, or corporation violates this article and fails within 30 days of the date of issuance of the overweight assessment citation either to pay the assessment or appeal to the Department of Motor Vehicle Safety Public Safety for an administrative review as provided for under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the Department of Motor Vehicle Safety Revenue may act to suspend the motor vehicle registration of the vehicle involved. However, if the person, firm, or corporation requests an administrative review, the Department of Motor Vehicle Safety Revenue shall act to suspend the registration only after the issuance of a final decision favorable to the Department of Motor Vehicle Safety Public Safety and the requisite failure of the person, firm, or corporation to pay the assessment. Upon such failure to pay the assessment, the Department of Motor Vehicle Safety Revenue shall send a letter to the owner of such motor vehicle notifying the owner of the suspension of the motor vehicle registration issued to the motor vehicle involved in the overweight assessment citation. Upon complying with

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this subsection by paying the overdue assessment and upon submitting proof of compliance and paying a $10.00 restoration fee to the Department of Motor Vehicle Safety Revenue, the state revenue commissioner of motor vehicle safety shall reinstate any motor vehicle registration suspended under this subsection. In cases where the motor vehicle registration has been suspended under this subsection for a second or subsequent time during any two-year period, the Department of Motor Vehicle Safety Revenue shall suspend the motor vehicle registration for a period of 60 days and thereafter until the owner submits proof of compliance with this subsection and pays the $150.00 restoration fee to the Department of Motor Vehicle Safety Revenue. (2) Unless otherwise provided for in this Code section, notice of the effective date of the suspension of a motor vehicle registration occurs when the owner has actual knowledge or legal notice thereof, whichever first occurs. For the purposes of making any determination relating to the restoration of a suspended motor vehicle registration, no period of suspension shall be deemed to have begun until ten days after the mailing of the notice required in paragraph (1) of this subsection. (3) For the purposes of this subsection, except where otherwise provided, the mailing of a notice to a person at the name and address shown in records of the Department of Motor Vehicle Safety Revenue maintained under Chapter 3 of Title 40 shall, with respect to the holders of liens and security interests, be presumptive evidence that such person received the required notice. (4) For the purposes of this subsection, except where otherwise provided, the mailing of a notice to a person or firm at the name and address shown on the overweight assessment citation shall, with respect to owners and operators of vehicles involved in an overweight assessment, be presumptive evidence that such person received the required notice. (5) The state revenue commissioner of motor vehicle safety may suspend the motor vehicle registration of any offending vehicle for which payment of an overweight assessment is made by a check that is returned for any reason. (6) For the purposes of this subsection, where any provisions require the Department of Public Safety or the Department of Motor Vehicle Safety Revenue to give notice to a person, which notice affects such persons motor vehicle license plate, the mailing of such notice and the name and address shown on the notice of overdue assessment citation supplied by the Department of Motor Vehicle Safety Public Safety, as required by this subsection, shall be presumptive evidence that such person received the required notice.
SECTION 12-3. Said Chapter 6 of Title 32 is further amended by striking Code Section 32-6-29, relating to regulations and enforcement, and inserting in its place a new Code section to read as follows:
32-6-29. (a) The Department of Transportation shall be responsible for rules and regulations

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relating to size and weight limits and issuance of permits under this article. (b) The Department of Transportation shall not, however, employ any law enforcement officers or agents except as may be specifically authorized by other laws. Responsibility Law enforcement responsibility for enforcement of this article shall be in the Department of Motor Vehicle Public Safety.
SECTION 12-4. Said Chapter 6 of Title 32 is further amended by striking Code Section 32-6-30, relating to stopping vehicles for purposes of weighing, measuring, or inspecting, and inserting in its place a new Code section to read as follows:
32-6-30. (a) Any law enforcement officer or employee of the Department of Motor Vehicle Safety Public Safety to whom law enforcement authority has been designated who observes a motor vehicle being operated upon a public road of the state and who has reason to believe that: (1) Any provision of this article is being violated; (2) The vehicle is improperly licensed in violation of Code Sections 40-2-150 through 40-2162; or (3) A fuel tax registration card is not being carried or that a proper distinguishing identification marker is not affixed to the vehicle in violation of Code Sections 48-9-39 and 48-11-14 is authorized to stop such vehicle and weigh, measure, or inspect the same. Violations of such licensing or fuel tax registration and identification requirements shall be reported to the Department of Motor Vehicle Safety or the Department of Revenue as appropriate.
(b)(1) If the operator of the vehicle shall refuse to stop upon proper order as directed by a person authorized by subsection (a) of this Code section to stop, weigh, measure, or inspect the vehicle or its load, the operator shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $200.00. The operator shall have the right to post an appropriate bond, which shall not exceed $400.00, when any law enforcement officer or employee of the Department of Motor Vehicle Safety Public Safety authorized to enforce this article apprehends said operator for any violation of this article. (2) In addition, the operators drivers license or nonresidents driving privilege may be suspended for a period of not more than 90 days by the Department of Motor Vehicle Safety Driver Services upon satisfactory proof of said refusal to stop or drive the vehicle upon the scales. Each person who shall apply for a Georgia drivers license, or for nonresident driving privileges, or for a renewal of same thereby consents to stop such vehicle for inspection or to drive such vehicle upon scales whenever so ordered by a law enforcement official or authorized employee of the Department of Motor Vehicle Safety Public Safety.
PART XIII Amendments to Title 33.
Insurance.

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SECTION 13-1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in Code Section 33-9-42, relating to reduction in premiums for motor vehicle liability, firstparty medical, and collision coverages for certain named drivers, by striking subsections (b) through (g) and inserting in their place new subsections to read as follows:
(b) Reductions in premiums shall be available if all named drivers who are 25 years of age or older:
(1) Have committed no traffic offenses for the prior three years or since the date of licensure, whichever is shorter; (2) Have had no claims based on fault against an insurer for the prior three years; and (3) Complete one of the following types of driving courses:
(A) A course in defensive driving of not less than six hours from a driver improvement clinic or commercial or noncommercial driving school approved by and under the jurisdiction of the Department of Motor Vehicle Safety Driver Services; (B) An emergency vehicles operations course at the Georgia Public Safety Training Center; (C) A course in defensive driving of not less than six hours from a driver improvement program which is administered by a nonprofit organization such as the American Association of Retired People, the American Automobile Association, the National Safety Council, or a comparable organization and which meets the standards promulgated by the Department of Motor Vehicle Safety Driver Services pursuant to subsection (f) of this Code section; or (D) A course in defensive driving of not less than six hours offered by an employer to its employees and their immediate families, which course has been approved by the Department of Motor Vehicle Safety Driver Services. (c) Reductions in premiums shall be available if all named drivers who are under 25 years of age: (1) Have committed no traffic offenses for the prior three years or since the date of licensure, whichever is shorter; (2) Have had no claims based on fault against an insurer for the prior three years; and (3) Complete a preparatory course offered to new drivers of not less than 30 hours of classroom training and not less than six hours of practical training by a drivers training school approved by and under the jurisdiction of the Department of Motor Vehicle Safety Driver Services or by an accredited secondary school, junior college, or college. (d) Upon completion of one of the driving courses specified in paragraph (3) of subsection (b) or paragraph (3) of subsection (c), as applicable, of this Code section by each named driver, eligibility for reductions in premiums for such policy shall continue for a period of three years, provided any named driver under such policy does not commit a traffic offense or have a claim against the policy based on any such drivers fault. (e) The Department of Motor Vehicle Safety Driver Services shall assure through the

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supervision of driver improvement clinics, emergency vehicles operations courses, driver improvement programs administered by nonprofit organizations, and commercial or noncommercial driving schools approved by the Department of Motor Vehicle Safety Driver Services that defensive driving courses shall be available and accessible wherever practicable as determined by the department to licensed drivers throughout the state. (f) Each insurer providing premium discounts under this Code section shall provide, upon the request of the Commissioner, information regarding the amount of such discounts in a form acceptable to the Commissioner. (g) The power of supervision granted to the Department of Motor Vehicle Safety Driver Services over driver improvement programs administered by nonprofit organizations under this Code section shall be limited to the establishment of minimum standards and requirements relative to the content of specific courses offered by such programs and relative to investigation and resolution of any complaints directed towards the content or operation of any course by a person enrolled in such course. The Department of Motor Vehicle Safety Driver Services may adopt rules and regulations necessary to carry out the provisions of this subsection. The Department of Motor Vehicle Safety Driver Services shall not require a nonprofit organization to obtain a license or permit or to pay a fee in order to administer a driver improvement program in the state. The Department of Motor Vehicle Safety Driver Services shall not require a commercial driving school licensed by such department to obtain an additional license to teach a defensive driving course, as described in subparagraph (b)(3)(A) or paragraph (3) of subsection (c) of this Code section, at any location in this state.
SECTION 13-2. Said Title 33 is further amended in Code Section 33-34-9, relating to payment of insurance for total loss motor vehicles, by striking subsection (b) and inserting in its place a new subsection to read as follows:
(b) For the purpose of implementing this Code section, at the discretion of the Commissioner of the Department of Motor Vehicle Safety state revenue commissioner, an insurer may be granted access via electronic means to individual motor vehicle records. Any such access shall be in accordance with Code Section 40-3-23, and the Department of Motor Vehicle Safety Revenue shall establish the application and approval process before allowing any such access. The information provided to an insurer pursuant to this Code section shall be limited to the verification of the vehicle owners name, vehicle information, and any recorded security interests or liens as shown on the records of the Department of Motor Vehicle Safety Revenue.
PART XIIIA Amendment to Chapter 35-2. Department of Public Safety.
SECTION 13A-1.

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Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, is amended in Code Section 35-2-33, relating to additional duties of the Georgia State Patrol, by striking paragraph (1) of subsection (a) and inserting in its place a new paragraph to read as follows:
(1) To enforce the laws of this state relating to the use, ownership, control, licensing, and registration of motor vehicles and Code Sections 32-9-4 and 40-6-54, relating to designation of restricted travel lanes;
SECTION 13A-2. Said Chapter 2 of Title 35 is further amended by adding at its end a new Article 5 to read as follows:
ARTICLE 5
35-2-100. There is created and established a division of the Department of Public Safety to be known as the Motor Carrier Compliance Division, the members of which shall be known and designated as 'law enforcement officers.'
35-2-101. (a) The Motor Carrier Compliance Division of the department shall have jurisdiction throughout this state with such duties and powers as are prescribed by law. (b) The primary duties of the Motor Carrier Compliance Division shall be as follows:
(1) Enforcement of laws and regulations relating to the size and the weights of motor vehicles, trailers, and loads as provided for in Article 2 of Chapter 6 of Title 32; (2) Enforcement of laws and regulations relating to licensing and fuel tax registration requirements and the reporting of violations thereof to the Department of Revenue; (3) Enforcement of safety standards for motor vehicles and motor vehicle components; (4) Enforcement of laws relating to hazardous materials carriers; (5) Enforcement of all state laws on the following properties owned or controlled by the Department of Transportation or the State Road and Tollway Authority: rest areas, truck-weighing stations or checkpoints, wayside parks, parking facilities, toll facilities, and any buildings and grounds for public equipment and personnel used for or engaged in administration, construction, or maintenance of the public roads or research pertaining thereto; (6) Enforcement of Code Section 16-10-24, relating to obstructing or hindering law enforcement officers; (7) Directing and controlling traffic on any public road which is part of the state highway system but only in areas where maintenance and construction activities are being performed and at scenes of accidents and emergencies until local police officers or Georgia State Patrol officers arrive and have the situation under control; (8) Enforcement of Code Sections 32-9-4 and 40-6-54, relating to designation of

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restricted travel lanes; (9) Enforcement of Code Section 16-11-43, relating to obstructing highways, streets, sidewalks, or other public passages, on any public road which is part of the state highway system; (10) Enforcement of Code Section 16-7-43, relating to littering public or private property or waters, on any public road which is part of the state highway system; (11) Enforcement of Code Section 16-7-24, relating to interference with government property, on any public road which is part of the state highway system; and (12) Enforcement of any state law when ordered to do so by the commissioner. (c) In performance of the duties specified in subsection (b) of this Code section, certified law enforcement officers employed by the department or designated by the commissioner shall: (1) Be authorized to carry firearms; (2) Exercise arrest powers; (3) Have the power to stop, enter upon, and inspect all motor vehicles using the public highways for purposes of determining whether such vehicles have complied with and are complying with laws, the administration or enforcement of which is the responsibility of the department; (4) Have the power to examine the facilities where motor vehicles are housed or maintained and the books and records of motor carriers for purposes of determining compliance with laws, the administration or enforcement of which is the responsibility of the department; and (5) Exercise the powers generally authorized for law enforcement officers in the performance of their duties or otherwise to the extent needed to protect any life or property when the circumstances demand action. (d) The commissioner shall authorize law enforcement officers of the Motor Carrier Compliance Division to make use of dogs trained for the purpose of detection of drugs and controlled substances while such officers are engaged in the performance of their authorized duties. If such authorized use of such a dog indicates probable cause to indicate the presence of contraband, the officer or officers shall in those circumstances have the full authority of peace officers to enforce the provisions of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' and Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug Act'; provided, however, that the department must immediately notify the local law enforcement agency and district attorney of the jurisdiction where a seizure is made. (e)(1) Certified law enforcement officers employed by the Motor Carrier Compliance Division may use a department motor vehicle while working an approved off-duty job, provided that:
(A) The off-duty employment is of a general nature that is the subject of a contract between the off-duty employer and the department and is service in which the use of the department motor vehicle is a benefit to the department or is in furtherance of the departments mission; (B) The off-duty employer agrees to pay and does pay to the department an amount

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determined by the commissioner to be sufficient to reimburse the department for the use of the vehicle and to pay the off-duty employee sufficient compensation. Pursuant to such contract, the department shall pay the employee of the department the compensation earned on off-duty employment whenever such employee performs such service in a department motor vehicle; and (C) The commissioner has specifically approved, in writing, the individual use of the vehicle by the employee. (2) At no time will an off-duty employee be allowed use of a department motor vehicle at any political function of any kind.
PART XIV Amendments to Chapter 40-2. Registration and licensing of motor vehicles.
SECTION 14-1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking paragraphs (2) and (3) of Code Section 40-2-1, relating to definitions, and inserting in their place new paragraphs to read as follows:
(2) 'Commissioner' means the commissioner of motor vehicle safety state revenue commissioner. (3) 'Department' means the Department of Motor Vehicle Safety Revenue.
SECTION 14-2. Said Chapter 2 of Title 40 is further amended in Code Section 40-2-8. relating to license plates, temporary plates, and unregistered vehicles, by striking division (b)(2)(B)(ii) and inserting in its place a new division to read as follows:
(ii) All temporary plates issued by dealers to purchasers of vehicles on or after January 1, 2001, shall be of a standard design prescribed by regulation promulgated by the Department of Motor Vehicle Safety department in accordance with the requirements of this subparagraph. Temporary plates issued by dealers to purchasers prior to such date may be of any design if such plates meet the requirements of this subparagraph.
SECTION 14-3. Said Chapter 2 of Title 40 is further amended by striking Code Section 40-2-24, relating to bonding of tag agents, and inserting in its place a new Code section to read as follows:
40-2-24. Each tag agent shall give bond conditioned as the commissioner may require, and in such amount as the commissioner may deem necessary and proper, not exceeding $250,000.00, to protect the state adequately. Such bond shall be executed by a surety corporation licensed to do business in the State of Georgia, as surety, and the premiums shall be paid by the Department of Motor Vehicle Safety department. The bond shall

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run to the Governor and his or her successors in office and shall be approved as to conditions, form, and sufficiency by the commissioner.
SECTION 14-3.1. Said Chapter 2 of Title 40 is further amended by striking subsections (b) and (d) of Code Section 40-2-40, relating to registration of delinquent vehicles, and inserting in their respective places new subsections to read as follows:
(b) All applications for the registration of a delinquent vehicle shall, before being accepted by a tag agent, be first endorsed by a sheriff or a deputy sheriff, a chief of police or his or her designated representative, a state patrolman, a state revenue special agent or enforcement officer, a Department of Transportation law enforcement officer, a tax commissioner, or a tax collector. The officer endorsing the delinquent application shall indicate, with his or her endorsement on the application, the total amount of the prescribed registration fee together with the 25 percent penalty provided in this Code section, and the full total of such amount shall be paid to the tag agent before any license plate or revalidation decal as provided for in this chapter shall be assigned to the applicant. (d) Between the first and fifth days of each calendar month, the tag agent shall remit to the respective fiscal authorities of the counties or cities employing the endorsing officers the full amount of such penalties accredited to such officers during and for the preceding calendar month. All sums accredited to state patrolmen, state revenue special agents or enforcement officers, or Department of Transportation law enforcement officers shall be paid to the fiscal authorities of the county where the vehicle is registered.
SECTION 14-4. Said Chapter 2 of Title 40 is further amended by adding after Code Section 40-2-64 a new Code Section 40-2-64.1 to read as follows:
40-2-64.1. (a) In accordance with the Taiwan Relations Act as provided for in Code Section 50-12, the commissioner shall design a distinctive Foreign Organization license plate. (b) Upon application and compliance with the state motor vehicle laws relating to the registration and licensing of motor vehicles and the payment of the regular license fee, official representatives of the Taipei Economic and Cultural Representatives Office in the United States who maintain a presence in Georgia shall be issued Foreign Organization license plates as prescribed in Code Section 40-2-31 in duplicate. Such license plates shall be fastened to both the front and the rear of the vehicle. (c) Official representatives of the Taipei Economic and Cultural Representatives Office in Atlanta accredited by the Georgia Department of Economic Development shall be entitled to Foreign Organization license plates for the representatives privately owned motor vehicle. Such license plates shall not be used by any representative after his or her presence in Georgia has terminated. (d) License plates issued under this Code section shall not be transferred so as to be

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used by any person other than the person to whom such plates were originally issued but shall be transferred to another vehicle as provided in Code Section 40-2-80. (e) The commissioner is authorized to establish procedures and promulgate rules and regulations for implementing this Code section.
SECTION 14-5. Said Chapter 2 of Title 40 is further amended by striking Code Section 40-2-70, relating to special license plates for certain disabled veterans, and inserting in its place a new Code section to read as follows:
40-2-70. Any citizen and resident of the State of Georgia who has been discharged from the armed forces under conditions other than dishonorable, who is disabled to any degree specified and enumerated in Code Section 40-2-69, and who is the owner of a private passenger motor vehicle, but who cannot qualify under Code Section 40-2-69, shall be entitled to a special and distinctive automobile license plate. Such license plate shall be transferred to another vehicle acquired by such veteran or jointly by such veteran and his or her spouse as provided in Code Section 40-2-80. Such veteran shall be entitled to such plate regardless of whether he or she is suffering from a service connected or nonservice connected disability. Such veteran must apply for such license plate and, upon compliance with the state motor vehicle laws for licensing of motor vehicles and payment of the regular license fee for plates as prescribed under Article 7 of this chapter, such veteran shall be issued similar license plates as prescribed in Code Section 40-2-71 for private passenger cars. There shall be no charge for the additional plate issued such veteran under this Code section. If a veteran has not been certified as disabled by the United States Department of Veterans Affairs, such veteran may submit to the Department of Veterans Service such veterans discharge papers and a certified statement from a physician, licensed under Chapter 34 of Title 43, certifying that in the opinion of such physician such veteran is disabled to a degree enumerated in Code Section 40-2-69. If the certificate from the physician indicates the qualifying disabilities which meet the standards of the United States Department of Veterans Affairs, the commissioner of veterans service shall submit a letter to the state revenue commissioner of motor vehicle safety indicating that the veteran meets the requirements of this Code section and qualifies for a special license plate as provided in this Code section.
SECTION 14-6. Said Chapter 2 of Title 40 is further amended by striking Code Section 40-2-82, relating to special license plates for Georgia State Patrol vehicles, and inserting in its place a new Code section to read as follows:
40-2-82. The commissioner of public safety shall be issued distinctive license plates to be used on motor vehicles assigned to the Department of Public Safety and operated by troopers of the Georgia State Patrol or law enforcement officers of the Motor Carrier

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Compliance Division. The distinctive plates shall be issued free of charge in accordance with procedures agreed upon by the commissioner of public safety and the state revenue commissioner of motor vehicle safety. License plates issued pursuant to this Code section need not contain a place for the county name decal and no county name decal need be affixed to a license plate issued pursuant to this Code section.
SECTION 14-7. Said Chapter 2 of Title 40 is further amended in Code Section 40-2-87, relating to definitions applicable to reciprocal agreements for registration of commercial vehicles, by striking paragraph (9) and inserting in its place a new paragraph to read as follows:
(9) 'Commissioner' means the jurisdiction official in charge of registration of vehicles and means, for the State of Georgia, the state revenue commissioner of motor vehicle safety.
SECTION 14-8. Said Chapter 2 of Title 40 is further amended by striking 40-2-89, relating to ineligibility for registration for vehicles prohibited by federal agencies, and inserting in its place a new Code section to read as follows:
40-2-89. Any vehicle which is prohibited by any federal agency acting pursuant to federal law, rule, or regulation from being operated in interstate commerce shall not be eligible for registration under this article, and the commissioner shall refuse to issue, refuse to renew, suspend or revoke such registration for any vehicle so prohibited from operating.
SECTION 14-9. Said Chapter 2 of Title 40 is further amended by striking Code Section 40-2-135, relating to revocation of license plates, and inserting in its place a new Code section to read as follows:
40-2-135. (a) The commissioner shall revoke any regular, prestige, special, or distinctive license plate which the commissioner determines was issued in error and shall revoke the special and distinctive license plate issued to a member of the General Assembly at such time as the holder ceases to hold such public office. The commissioner shall or his or her designated agent may revoke any license plate purchased with a personal check which was returned for any reason. The commissioner shall notify the holder of such regular, prestige, special, or distinctive license plate or of such other license plate of such revocation. The holder of such revoked license plate shall return the license plate to the commissioner or the commissioners designated agent and register his or her vehicle as otherwise required by this chapter. (b) The commissioner shall suspend or revoke any permanent registration and license plate issued in accordance with Code Section 40-2-47 when the owner has not complied with the annual requirement of the payment of ad valorem taxes and is delinquent for

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more than 12 months from the last date of ad valorem tax payment. (b)(c) Any state or county law enforcement officer or any special agent or enforcement officer appointed under Code Section 40-2-134 may, upon the direction or request of the commissioner, go upon public or private property to seize a license plate or renewal decal which has been revoked as provided in subsection (a) of this Code section.
SECTION 14-10. Said Chapter 2 of Title 40 is further amended in Code Section 40-2-137, relating to the suspension of motor vehicle registration for failure to obtain minimum insurance coverage, by striking paragraph (1) of subsection (c) and inserting in lieu thereof a new paragraph (1) to read as follows:
(c)(1) When proof of minimum motor vehicle insurance coverage is provided within the time period specified in this Code section, but there has been a lapse of coverage for a period of more than ten days, the owner shall remit a $25.00 lapse fee to the department. Failure to remit the lapse fee to the department within 30 days of the date on which the notification was mailed by the department will result in the suspension of the owners motor vehicle registration by operation of law as if the proof had not been provided in a timely manner as provided in paragraph (2) of this subsection. If any lapse fee provided for in this Code section is paid to the county tax commissioner, the county shall retain $5.00 thereof as a collection fee.
SECTION 14-11. Said Chapter 2 of Title 40 is further amended in Code Section 40-2-150, relating to definitions applicable to annual license fees for operation of vehicles, by repealing paragraph (.2) which reads as follows:
(.2) 'Commissioner' means the commissioner of motor vehicle safety.
PART XV Amendments to Chapter 40-3. Motor vehicle certificates of title, security interests, and liens.
SECTION 15-1. Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title, security interests, and liens, is amended in Code Section 40-3-2, relating to definitions applicable to said chapter, by striking paragraphs (2) and (2.1) and inserting in their place new paragraphs to read as follows:
(2) 'Commissioner' means the state revenue commissioner of motor vehicle safety. (2.1) 'Department' means the Department of Motor Vehicle Safety Revenue.
SECTION 15-2. Said Chapter 3 of Title 40 is further amended in Code Section 40-3-40, relating to reports and remittances by county tag agents, by striking subsection (a) and inserting in its place a new subsection to read as follows:

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(a) All county tag agents accepting and handling title applications shall endeavor to submit such applications and related sums of money to which the Department of Revenue department is entitled to the commissioner on a daily basis. All reports of title applications handled and related sums of money collected to which the Department of Revenue department is entitled must be submitted to the commissioner within seven calendar days from the close of the business day during which such applications were handled and related sums of money collected.
PART XVI Amendments to Chapter 40-4. Identification of and purchase and resale of motor vehicles and parts.
SECTION 16-1. Chapter 4 of Title 40 of the Official Code of Georgia Annotated, relating to identification of and purchase and resale of motor vehicles and parts, is amended by striking Code Section 40-4-5, relating to identification of truck chassis, and inserting in its place a new Code section to read as follows:
40-4-5. Truck chassis with features designed for specialized requirements of a wrecker manufactured after January 1, 1967, but before January 1, 1997, shall, at the time the vehicle is first registered on or after January 1, 1997, pursuant to Code Section 40-2-21, be issued by the Department of Motor Vehicle Safety Revenue a unique vehicle identification number which shall be affixed to and maintained upon the chassis by the owner in a manner consistent with the requirements of subsections (b) and (e) of Code Section 40-4-4.
PART XVII Amendments to Chapter 40-5.
Drivers licenses.
SECTION 17-1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, is amended in Code Section 40-5-1, relating to definitions applicable to said chapter, by striking paragraphs (1), (3), (5), (7), (9), and (10) and inserting in their respective places new paragraphs to read as follows:
(1) 'Assessment component' means the standard screening instrument or instruments designated by the Department of Human Resources Driver Services which are used to screen for the extent of an individuals alcohol or drug use and its impact on driving. (3) 'Cancellation of drivers license' means the annulment or termination by formal action of the Department of Motor Vehicle Safety department of a persons license because of some error or defect in the license or because the licensee is no longer entitled to such license. The cancellation of a license is without prejudice, and application for a new license may be made at any time after such cancellation.

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(5) 'Commissioner' means the commissioner of motor vehicle safety driver services. (7) 'Department' means the Department of Motor Vehicle Safety Driver Services. (9) 'DUI Alcohol or Drug Use Risk Reduction Program' means a program certified by the Department of Human Resources Driver Services which consists of two components: assessment and intervention. In the case of a conviction or plea of nolo contendere to a violation of Code Section 40-6-391 or in any other instance in which a person may be referred to a DUI Alcohol or Drug Use Risk Reduction Program, the program administers the assessment component and refers such offender to the intervention component. (10) 'Intervention component' means a program which delivers therapeutic education about alcohol and drug use and driving and peer group counseling concerning alcohol and drug use over a period of 20 hours utilizing a methodology and curriculum approved and certified by the Department of Human Resources Driver Services for the DUI Alcohol or Drug Use Risk Reduction Programs under subsection (e) of Code Section 40-5-83.
SECTION 17-2. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-2, relating to drivers records, by striking and replacing subsection (j) and adding a new subsection (l) so that subsections (j) and (l) shall read, respectively, as follows:
(j) The commissioner is authorized to promulgate any rules, regulations, or policies as are necessary to carry out the provisions of this Code section. The department and the Georgia Technology Authority are each authorized to charge In accordance with paragraph (6) of subsection (a) of Code Section 50-25-4, reasonable fees to defray costs incurred in affording access to or disseminating shall be assessed for furnishing information from records or data bases pursuant to provisions of this Code section; provided, however, that the fee for furnishing an abstract of a drivers record shall not exceed $10.00; and provided, further, that the fee for furnishing the limited information provided for purposes of insurance rating pursuant to division (c)(1)(B)(ii) of this Code section shall not exceed 20 percent of the fee for furnishing the abstract of a drivers record. (l) In any case in which the release or transmittal of one or more drivers records is authorized under this Code section or any other provision of law, the commissioner may determine the method of release or transmittal of the record or records, including without limitation release or transmittal by mail or by means of the Internet or other electronic means.
SECTION 17-3. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-21, relating to exemptions from licensing, by striking paragraph (11) of subsection (a) and inserting in its place a new paragraph to read as follows:
(11) Any resident who is 15 years of age or over while taking actual in-car training in a training vehicle other than a commercial motor vehicle under the direct personal

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supervision of a driving instructor when such driving instructor and training vehicle are licensed by the department in accordance with the provisions of Chapter 13 of Title 43, 'The Driver Training School License Act.' As used in the previous sentence, the term 'commercial motor vehicle' shall have the meaning specified in Code Section 40-5-142. All vehicles utilized for the in-car training authorized under this paragraph shall be equipped with dual controlled brakes and shall be marked with signs in accordance with the Department of Motor Vehicle Safety rules of the department clearly identifying such vehicles as training cars belonging to a licensed driving school. A driving instructor shall test the eyesight of any unlicensed person who will be receiving actual in-car training prior to commencement of such training, and no unlicensed driver shall receive in-car training unless such person has at least the visual acuity and horizontal field of vision as is required for issuance of a drivers license in subsection (c) of Code Section 40-5-27; and.
SECTION 17-4. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-22, relating to requirements for licensure, by striking paragraph (3) of subsection (a.1) and inserting in its place a new paragraph to read as follows:
(3) The State Board of Education and the commissioner of motor vehicle safety driver services are authorized to promulgate rules and regulations to implement the provisions of this subsection.
SECTION 17-5. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-22.1, relating to reinstatement of license of child under 16 years convicted of driving under influence of alcohol or drugs, and inserting in its place a new Code section to read as follows:
40-5-22.1. Notwithstanding any other provision of law, if a child under 16 years of age is adjudicated delinquent of driving under the influence of alcohol or drugs or of possession of marijuana or a controlled substance in violation of Code Section 16-13-30 or of the unlawful possession of a dangerous drug in violation of Code Section 16-1372 or convicted in any other court of such offenses, the court shall order that the privilege of such child to apply for and be issued a drivers license or learners permit shall be suspended and delayed until such child is 17 years of age for a first conviction and until such child is 18 years of age for a second or subsequent such conviction. Upon reaching the required age, such license privilege shall be reinstated if the child submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources or an assessment and intervention program approved by the juvenile court and pays a fee of $210.00 to the Department of Motor Vehicle Safety Driver Services or $200.00 when such application is processed by mail. The court shall notify the Department of Motor Vehicle Safety department of its order delaying the issuance of such childs license within 15 days of the date of such

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order. The Department of Motor Vehicle Safety department shall not issue a drivers license or learners permit to any person contrary to a court order issued pursuant to this Code section.
SECTION 17-6. Said Chapter 5 of Title 40 is further amended by striking subsections (a) through (d) of Code Section 40-5-25, relating to drivers license applications, and inserting in their respective places new subsections to read as follows:
(a) Every application for an instruction permit or for a drivers license shall be made upon a form furnished by the department. Every application shall be accompanied by the proper license fee. The fees shall be as established by the commissioner, not to exceed:

(1) For instruction permits for Classes A, B, C, and M drivers licenses and for Class D drivers licenses ............................................................................. $ 10.00

(2) For five-year Classes A, B, C, and M noncommercial drivers

15.00

licenses.................................................................................................................. 20.00

(2.1) For ten-year Classes A, B, C, and M noncommercial drivers licenses .................................................................................................................. 35.00

(3) For Classes A, and B, C, and M commercial drivers licenses ...................... 15.00 20.00
(4) For application for Classes A, B, C, and M commercial drivers licenses or a Class P commercial drivers instruction permit ............................... 35.00

(5) For Class P commercial drivers instruction permits for Classes A, B,

C, and M commercial drivers licenses................................................................. 10.00

(6) For Classes A, B, C, and M commercial drivers licenses, initial

issuance requiring a road test ................................................................................ 65.00

70.00

(7) For Classes A, B, C, and M commercial drivers licenses, initial issuance not requiring a road test............................................................................................... 15.00

20.00

(8) For renewal of Classes A, B, C, and M commercial drivers licenses........... 15.00

20.00

(8.1) For renewal of five-year Classes A, B, C, and M noncommercial drivers licenses .................................................................................................................. 20.00
(8.2) For renewal of ten-year Classes A, B, C, and M noncommercial drivers licenses .................................................................................................................. 35.00 (9) Initial issuance of Classes A, B, C, and M commercial drivers licenses and Class

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P commercial drivers instruction permits shall include all endorsement fees within the license fee. Each endorsement added after initial licensing ........................... 5.00 The commissioner may by rule provide incentive discounts in otherwise applicable fees reflecting cost savings to the department where a license is renewed by means other than personal appearance. The discount for renewal of a Class C or Class M license shall be $5.00 and any other discounts shall be as determined by the commissioner. Except as provided in Code Section 40-5-36, relating to veterans licenses, and Code Section 40-5-149, relating to application fees for public school bus drivers, there shall be no exceptions to the fee requirements for a commercial drivers license or a commercial drivers license permit. Notwithstanding any other provision of this Code section, there shall be no fee whatsoever for replacement of any drivers license solely due to a change of the licensees name or address, provided that such replacement license shall be valid only for the remaining period of such original license; and provided, further, that only one such free replacement license may be obtained within any four-year the period for which the license was originally issued. Any application for the replacement of a lost license pursuant to Code Section 40-5-31 or due to a change in the licensees name or address submitted within 150 days of the expiration of said license shall be treated as an application for renewal subject to the applicable license fees as set forth in this subsection. (b) Notwithstanding the provisions of subsection (a) of this Code section, any Class 1 or 2 license issued prior to April 3, 1989, shall remain valid until its expiration unless otherwise lost, destroyed, suspended, or revoked prior to its expiration. A Class 3, 4, or 5 license shall remain valid unless lost, destroyed, suspended, revoked, or canceled, until its expiration or its earlier replacement under Article 7 of this chapter, the 'Uniform Commercial Drivers License Act.' Reserved. (c) Every such application shall state the full legal name, date of birth, sex, and residence address of the applicant; shall briefly describe the applicant; and shall state whether the applicant has theretofore been licensed as a driver and, if so, when and by what state or country, and whether any such license has ever been suspended, revoked, or refused, and, if so, the date of and reason for such suspension, revocation, or refusal; and shall state such other information as the commissioner may require to determine the applicants identity, competence, and eligibility. The application shall include any other information as required by paragraph (1) of subsection (a.1) of Code Section 19-11-9.1. The department shall not issue a license until a complete examination of the applicants record has been completed. The commissioner may issue such rules and regulations as shall be necessary for the orderly processing of license applications. (d)(1) The General Assembly finds that it is in the best interest of the state to encourage improved public education and awareness regarding anatomical gifts of human organs and tissues and to address the ever increasing need for donations of anatomical gifts for the benefit of the citizens of Georgia. (2) Notwithstanding the provisions of paragraph (2) or (3) of subsection (a) of this Code section, each applicant for the issuance, reissuance, or renewal of a Class C, M, A, or B drivers license under paragraph (2) or (3) of subsection (a) of this Code

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section shall accompany such application with a license fee as established by the commissioner, not to exceed $8.00, if such applicant executes an anatomical gift pursuant to Code Section 40-5-6. (3)(2) The department shall make available to those federally designated organ procurement organizations the name, license number, date of birth, and most recent address of any person who obtains a an organ donor drivers license with the reduced fee provided for in paragraph (2) of this subsection. Information so obtained by such organizations shall be used for the purpose of establishing a state-wide organ donor registry accessible to organ tissue and eye banks authorized to function as such in this state and shall not be further disseminated.
SECTION 17-7. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-27, relating to examination of applicants, by striking subsections (a), (d), and (e) and inserting in their respective places new subsections to read as follows:
(a) The department shall examine every applicant for a drivers license, except as otherwise provided by subsection (d) of this Code section. Such examination shall include a test of the applicants eyesight, his or her ability to understand official trafficcontrol devices, and his or her knowledge of safe driving practices and the traffic laws of this state and shall also include a comprehensive on-the-road driving test during which the applicant shall be required to fully demonstrate his or her ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or general class of vehicles he or she desires a license to drive; provided, however, that the on-the-road driving test requirement shall not apply to any applicant for a Class C drivers license who holds a Class D drivers license issued on or after January 1, 2002. Applicants An applicant 18 years of age and older with a valid and current licenses license, or a license that has been expired for less than two years, issued by another state of the United States or the District of Columbia who surrender their previous licenses surrenders his or her previous license to obtain a Georgia license shall be exempt from taking such tests other than tests of eyesight. The examination may also include such further physical and mental examination as the department finds necessary to determine the applicants fitness to operate a motor vehicle safely upon the highways. The commissioner may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any class of license. (d) The department shall implement a six-month pilot program to determine licensing requirements for licensed driver training schools to conduct on-the-road driving tests as provided in subsection (e) of this Code section. The department shall report the results of such pilot program to the House Committee on Motor Vehicles. (e) If the department determines that the pilot program provided for in subsection (d) of this Code section is successful, it shall authorize licensed driver training schools to conduct on-the-road driving tests and other tests required for issuance of a drivers license as provided in this subsection. The department may authorize licensed driver training schools to issue drivers licenses to successful applicants as provided in this subsection.

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The department shall, prior to approving a licensed driver training school to conduct on-the-road driving tests or issue licenses or both as provided in this subsection, make a determination that the school has been licensed for a minimum of one year two years and has conducted driver education and adult education courses on a full-time basis for such one-year two-year period and that such school meets all other standards which the department may establish as a condition for approval to conduct such tests or issue licenses or both. The department shall authorize a driver training school licensed pursuant to Chapter 13 of Title 43 and approved by the department to administer the testing provided for in this Code section, provided that the applicant has successfully completed a driver training course which includes a minimum of 30 class hours of instruction and six hours of private in-car training. The department may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any Class C or Class D drivers license under this Code section.
SECTION 17-8. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-28, relating to issuance of drivers licenses, and inserting in its place a new Code section to read as follows:
40-5-28. (a) The department shall, upon payment of the required fee, issue to every applicant qualifying therefor a drivers license indicating the type or general class of vehicles the licensee may drive, which license shall be upon a form prescribed by the department and which shall bear thereon a distinguishing number assigned to the licensee, a color photograph of the licensee, the licensees full name, either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with a pen and ink immediately upon receipt of the license, and such other information or identification as is required by the department. No license shall be valid until it has been so signed by the licensee. Specifically but without limitation, the department may require applicants to submit fingerprints by means of an inkless fingerprint scanning device upon application. (b) The commissioner may determine the location and manner of issuance of drivers licenses. Without limiting the generality of the foregoing, it is specifically provided that the commissioner may designate county tag agents, if they so agree, as agents of the department for this purpose and may authorize the issuance of drivers licenses by county tag agents. No county tag agent shall be required to issue or renew drivers licenses unless such county tag agent agrees in writing to perform such functions. No county tag agent shall be required to issue or renew drivers licenses for residents of any county other than the residents of the county for which he or she serves as tax commissioner.
SECTION 17-9. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-31, relating to replacement permits or licenses, by striking subsection (b) and inserting in its place a new subsection to read as follows:

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(b) The department shall issue a temporary permit or drivers license to each individual who has lost by misplacement, and not by revocation or suspension, his or her instruction permit or drivers license and who has made application under oath on a form furnished by the department which states that the applicant presently has a valid permit or license which has been lost or misplaced. In lieu of the applicants signature on a form, any application for the issuance of a replacement license submitted electronically shall contain an acknowledgment and attestation under penalty of perjury that he or she meets each requirement of this Code section.
SECTION 17-10. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-32, relating to drivers license renewal, and inserting in its place a new Code section to read as follows:
40-5-32. (a)(1) Every Except as otherwise provided in this Code section, every drivers license shall expire on the licensees birthday in the fourth fifth year following the issuance of such license. Notwithstanding the foregoing, any commercial license that contains an H or X endorsement as defined in subsection (c) of Code Section 40-5-150 shall expire on the date of expiration of the licensees security threat assessment conducted by the Transportation Security Administration of the United States Department of Homeland Security. An applicant for a Class A, B, C, or M noncommercial drivers license who is under age 60 shall at the applicants option apply for a license which shall expire on the licensees birthday in the fifth or tenth year following the issuance of such license. Every such license shall be renewed on or before its expiration upon application, payment of the required fee, and, if applicable, satisfactory completion of the examination required or authorized by subsection (c) of this Code section. (2) Except as otherwise provided by subsection (c) of this Code section, every holder of a veterans or honorary license shall meet the requirements of subsection (c) of this Code section be valid until the holder reaches age 65 and shall thereafter be subject to renewal pursuant to paragraph (1) of this subsection on or before his or her birthday every four five years, beginning from the date on which the holder was last required to take an examination under former Ga. L. 1972, p. 1076, as amended by Ga. L. 1973, pp. 916, 917. The department may allow a veteran or honorary license holder to retain his or her expired veterans or honorary license as a souvenir. (3) The commissioner shall issue such rules and regulations as are required to enforce this subsection.
(b) An application for drivers license renewal may be submitted by means of: (1) Personal appearance before the department; or (2) Subject to rules or regulations of the department which shall be consistent with considerations of public safety and efficiency of service to licensees, means other than such personal appearance which may include without limitation by mail or electronically. The department may by such rules or regulations exempt persons renewing drivers licenses under this paragraph from the license surrender

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requirement of subsection (c) of Code Section 40-5-20. (c)(1) The department shall require every person who is age 64 or older applying for renewal of a drivers license to take and pass successfully such test of his or her eyesight as the department shall prescribe, unless otherwise provided by rule or regulation for purposes of paragraph (2) of subsection (b) of this Code section. (2) The commissioner may issue such rules and regulations as are necessary to implement this subsection.
SECTION 17-11. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-33, relating to change of address of a licensed driver, and inserting in its place a new Code section to read as follows:
40-5-33. Whenever any person, after applying for or receiving a drivers license, shall move from the address named in such application or in the license issued to him or her or when the name of a licensee is changed by marriage or otherwise, such person shall apply to the department for a license showing the correct name or address within 60 days. Failure to change the name or address shall not deem the license invalid. The commissioner may determine the locations at which applications shall be accepted for applications due to change of name or address. Without limiting the generality of the foregoing, it is specifically provided that the commissioner may designate county tag agents, if they so agree, as agents of the department for this purpose.
SECTION 17-12. Said Chapter 5 of Title 40 is further amended by striking subsection (b) of Code Section 40-5-53, relating to reports of convictions and forwarding of licenses by courts, and inserting in its place a new subsection to read as follows:
(b) Every court in each county of this state having jurisdiction over offenses committed under this chapter and Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing speeding in a noncommercial motor vehicle for which no points are assigned under Code Section 40-5-57, standing, or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. Notwithstanding any other provision of this title, in satisfaction of the reporting requirement of this subsection, the courts of this state may shall transmit the information contained on the uniform citation form by electronic means, provided that the department has first given approval to the reporting court for using the electronic reporting method utilized approved by the department. The department shall pay to the clerk of the court forwarding the required report 40 for each report transmitted electronically in a timely manner as required in this subsection and 10 for each report transmitted otherwise; and notwithstanding any general or local law to the contrary, the clerk shall pay such fees over to the general fund of the city or county

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operating the court. Where a court has not implemented transmittal by electronic means, the commissioner may require such court or courts to submit by electronic means no later than a future date to be determined by the commissioner.
SECTION 17-13. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-57.1, relating to suspension of licenses of young drivers, by striking subsection (b) and inserting in its place a new subsection to read as follows:
(b) A person whose drivers license has been suspended under subsection (a) of this Code section shall:
(1) Subject to the requirements of subsection (c) of this Code section and except as otherwise provided by paragraph (2) of this subsection:
(A) Upon a first such suspension, be eligible to apply for license reinstatement and, subject to successful recompletion of the examination requirements of Code Section 40-5-27 and payment of required fees, have his or her drivers license reinstated after six months; and (B) Upon a second or subsequent such suspension, be eligible to apply for license reinstatement and, subject to successful recompletion of the examination requirements of Code Section 40-5-27 and payment of required fees, have his or her drivers license reinstated after 12 months; or (2)(A) If the drivers license was suspended upon conviction for violation of Code Section 40-6-391, be subject to the provisions of Code Section 40-5-63. (B) If such driver was convicted of driving under the influence of alcohol or of having an unlawful alcohol concentration and is otherwise subject to the provisions of paragraph (1) of subsection (a) of Code Section 40-5-63, then such person shall not be eligible for a limited driving permit under Code Section 40-5-64, and:
(i) If the drivers alcohol concentration at the time of the offense was less than 0.08 grams, he or she shall not be eligible for license reinstatement until the end of six months; or (ii) If the drivers alcohol concentration at the time of the offense was 0.08 grams or more, he or she shall not be eligible for license reinstatement until the end of 12 months. (C) Any driver subject to the provisions of this paragraph shall, as an additional prerequisite for license reinstatement, be required to successfully recomplete the examination requirements of Code Section 40-5-27.
SECTION 17-14. Said Chapter 5 of Title 40 is further amended in said Code Section 40-5-57.1 by adding at the end of the Code section a new subsection (d) to read as follows:
(d) A suspension provided for in this Code section shall be imposed based on the persons age on the date of the conviction giving rise to the suspension.

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SECTION 17-15. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-63, relating to certain license suspension periods, and inserting in its place a new Code section to read as follows:
40-5-63. (a) The drivers license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391, unless the drivers license has been previously suspended pursuant to Code Sections 40-5-67.1 and 40-5-67.2, shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions; provided, however, that any person convicted of a drug related offense pursuant to Code Section 40-6-391 shall be governed by the suspension requirements of Code Section 40-5-75:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, 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 period of suspension shall be for 12 months. At the end of 120 days, the person may apply to the department for reinstatement of said drivers license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the Department of Motor Vehicle Safety department or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. A drivers license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes of this paragraph only, an accepted plea of nolo contendere by a person 21 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered a conviction, and the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the department and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under paragraphs (2) and (3) of this subsection;

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(2) Upon the second conviction of any such offense within five years, 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 period of suspension shall be for three years. At the end of 120 days, the person may apply to the department for reinstatement of said drivers license; except that if such license was suspended as a result of a second conviction of a violation of Code Section 40-6-391 within five years, the person shall not be eligible to apply for license reinstatement until the end of 18 months. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the department or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. A drivers license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or (3) Upon the third conviction of any such offense within five years, 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, such person shall be considered a habitual violator, and said license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere to a charge of violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions. (b) The periods of suspension provided for in this Code section shall begin on the date the person is convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391.

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(c) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the departments discretion shall be guided by the drivers past driving record and performance, and the driver shall pay the applicable restoration fee. In addition to any other requirement the department may impose, a drivers license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid, shall remain suspended, and shall not be returned to such driver or otherwise reinstated until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. (d) Any person convicted of violating subsection (a) of Code Section 40-6-393, relating to homicide by vehicle, or Code Section 40-6-394, relating to serious injury by vehicle, shall have his or her license suspended for a period of three years. Such person shall not be eligible for early reinstatement of said drivers license as provided in this Code section or in Article 4 of this chapter and shall not be eligible for a limited driving permit as provided in Code Section 40-5-64. For purposes of this subsection, an accepted plea of nolo contendere to homicide by vehicle in the first degree or serious injury by vehicle shall constitute a conviction. (e) The drivers license of any person under 21 years of age who is convicted of unlawful possession of alcoholic beverages in violation of Code Section 3-3-23 while operating a motor vehicle may be suspended for a period of not less than 120 days. At the end of 120 days, the person may apply to the department for reinstatement of said drivers license. Such license shall be reinstated only if the person submits proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program prescribed by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when processed by mail. For purposes of this subsection, a sentence under subsection (c) of Code Section 3-3-23.1 shall not be considered a conviction, and the drivers license of such person shall not be suspended, provided that such person completes a DUI Alcohol or Drug Use Risk Reduction Program within 120 days after sentencing. (f) The drivers license of any person who is convicted of attempting to purchase an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-323 upon the first conviction shall be suspended for a period of six months and upon the second or subsequent conviction shall be suspended for a period of one year. At the end of the period of suspension, the person may apply to the department for reinstatement of his or her drivers license. Such license shall be reinstated upon payment of a restoration fee of $35.00 or $25.00 when processed by mail. For purposes of this subsection, a sentence under subsection (c) of Code Section 3-3-23.1 shall not be considered a conviction, and the drivers license of such person shall not be suspended.
SECTION 17-15.1. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-67.2, relating to terms and conditions applicable to certain license suspensions, by striking subsection (a)

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and inserting in its place a new subsection to read as follows: (a) Any drivers license required to be suspended under subsection (c) of Code Section 40-5-67.1 shall be suspended subject to the following terms and conditions: (1) Upon the first suspension pursuant to subsection (c) of Code Section 40-5-67.1 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for one year. Not sooner than 30 days following the effective date of suspension, the person may apply to the department for reinstatement of his or her drivers license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail. A drivers license suspended pursuant to Code Section 40-5-67.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. (2) Upon the second suspension pursuant to subsection (c) of Code Section 40-5-67.1 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. The person shall be eligible to apply to the department for license reinstatement not sooner than 18 months following the effective date of suspension. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail. A drivers license suspended pursuant to Code Section 40-5-67.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. (3) Upon the third or subsequent suspension pursuant to subsection (c) of Code Section 40-5-67.1 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for five years. A drivers license suspended pursuant to Code Section 40-5-67.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. The driver may apply for a probationary license pursuant to Code Section 40-5-58 after the expiration of two years from the effective date of suspension.
SECTION 17-16. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-75, relating to suspension of licenses by operation of law, by striking paragraphs (1) and (2) of

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subsection (a) and subsection (h) and inserting in their respective places new paragraphs and a new subsection to read as follows:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, 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 period of suspension shall be for not less than 180 days. At the end of 180 days, the person may apply to the department for reinstatement of his or her drivers license. Such license shall be reinstated only if the person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays to the Department of Motor Vehicle Safety Driver Services a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere by a person to a charge of any drug related offense listed in this subsection shall, except as provided in subsection (c) of this Code section, constitute a conviction; (2) Upon the second conviction of any such offense within five years, 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 period of suspension shall be for three years, provided that after one year from the date of the conviction the person may apply to the department for reinstatement of his or her drivers license by submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and paying to the Department of Motor Vehicle Safety Driver Services a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction; and (h) Notwithstanding the provisions of subsection (a) of this Code section, licensed drivers who are 16 years of age who are adjudicated in a juvenile court pursuant to this Code section may, at their option, complete a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources or an assessment and intervention program approved by the juvenile court.
SECTION 17-17. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-80, relating to the purpose of the 'Georgia Driver Improvement Act,' and inserting in its place a new Code section to read as follows:
40-5-80. The purpose of this article, the 'Georgia Driver Improvement Act,' is to improve and promote greater safety upon the highways and streets of this state; to improve the attitude and driving habits of drivers who accumulate traffic accident and motor vehicle conviction records; and to provide uniform DUI Alcohol or Drug Use Risk Reduction Programs for the rehabilitation of persons identified as reckless or negligent drivers and frequent violators. In carrying out this purpose, the Department of Motor Vehicle

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Safety and the Department of Human Resources, as applicable, Driver Services shall: (1) Charge a fee for the consideration of applications for approval of driver improvement clinics and instructors. The amount of this fee shall be established by the commissioner of motor vehicle safety and shall, as best as the commissioner shall determine, approximate the expense incurred by the Department of Motor Vehicle Safety department in consideration of an application. These licenses and each renewal thereof shall be valid for a period of four years unless suspended or revoked prior to the expiration of that time period; and (2) Require, in addition to the criteria established by the commissioner for approval of driver improvement clinics established by the commissioner of motor vehicle safety and DUI Alcohol or Drug Use Risk Reduction Programs established by the Department of Human Resources, as provided in subsections (a) and (e) of Code Section 40-5-83, respectively, that every driver improvement clinic and DUI Alcohol or Drug Use Risk Reduction Program shall, as a condition of approval, provide a continuous surety company bond for the protection of the contractual rights of students in such form as will meet with the approval of the Department of Motor Vehicle Safety or the Department of Human Resources, as applicable department, and written by a company authorized to do business in this state. The principal sum of the bond shall be established by the commissioner of motor vehicle safety or the Board of Human Resources, as applicable; however, in no event shall this amount be less than $2,500.00 $10,000.00 per location, and a single bond at such rate may be submitted for all locations under the same ownership. If at any time said bond is not valid and in force, the license of the clinic or program shall be deemed suspended by operation of law until a valid surety company bond is again in force.
SECTION 17-18. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-81, relating to selection of driver improvement programs, by striking subsection (c) and inserting in its place a new subsection to read as follows:
(c) It shall be unlawful for the owner, agent, servant, or employee of any driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program licensed by the Department of Motor Vehicle Safety or the Department of Human Resources department to directly or indirectly solicit business by personal solicitation on public property, by phone, or by mail. A violation of this subsection shall be a misdemeanor. Advertising in any mass media, including, but not limited to, newspapers, radio, television, magazines, or telephone directories by a driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program shall not be considered a violation of this subsection.
SECTION 17-19. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-82, relating to administration of the Driver Improvement Program, and inserting in its place a new Code section to read as follows:

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40-5-82. (a) The Driver Improvement Program created by this article shall be administered by the commissioner of motor vehicle safety. The commissioner is authorized to promulgate and adopt rules and regulations necessary to carry out this article. (b) For the purpose of generating greater interest in highway safety, the commissioner may solicit the assistance of local governmental authorities, associations, societies, clubs, schools, colleges, and other organizations or persons knowledgeable in highway safety driving standards to participate in conjunction with the department in the development of local driver improvement programs and in conducting driver improvement classes. (c) The Department of Human Resources department is designated as the agency responsible for the approval and certification of DUI Alcohol or Drug Use Risk Reduction Programs and staff. This responsibility includes selection of the assessment instrument, development of the intervention curricula, training of program staff, and monitoring of all DUI Alcohol or Drug Use Risk Reduction Programs under this article. (d) All DUI Alcohol or Drug Use Risk Reduction Program records including, but not limited to, assessment results and other components attended shall be confidential and shall not be released without the written consent of the DUI offender, except that such records shall be made available to the Department of Human Resources and the Department of Motor Vehicle Safety. Driver Services. The provision of assessments to the Department of Human Resources shall be according to an interagency agreement between the Department of Driver Services and the Department of Human Resources, and the agreement may provide for assessment fees to be transmitted to the Department of Human Resources. (e) The Department of Human Resources department shall conduct a records check for any applicant for certification as an operator or instructor of a DUI Alcohol or Drug Use Risk Reduction Program. Each applicant shall submit two sets of classifiable fingerprints to the department. The department shall transmit both sets of fingerprints to the Georgia Crime Information Center, which shall submit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain one set and promptly conduct a search of state records. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified. No applicant shall be certified who has previously been convicted of a felony. The department shall promulgate rules and regulations regarding certification requirements, including restrictions regarding misdemeanor convictions.
SECTION 17-20. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-83, relating to establishment, approval, and operation of clinics, by striking paragraph (1) of subsection (a), paragraph (3) of subsection (b), and subsection (e) and inserting in their respective places new paragraphs and a new subsection to read as follows:
(a)(1) The commissioner of motor vehicle safety shall establish criteria for the

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approval of driver improvement clinics. To be approved, a clinic shall provide and operate either a defensive driving course, an advanced defensive driving course, or a professional defensive driving course or any combination thereof. Clinics shall be composed of uniform education and training programs consisting of six hours of instruction designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, qualifications of instructors, attendance requirements for students, and examinations. Approved clinics shall charge a fee of $75.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course; except that such clinics may charge different fees of their own choosing if the person is not enrolling in such course pursuant to court order or department requirement. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college. (3) Driving under the influence and alcohol and drug programs, clinics, and courses outside of the State of Georgia shall not be required to comply with the provisions of subsection (e) of this Code section; provided, however, that the department shall not accept certificates of completion from any such program, clinic, or course unless said program, clinic, or course has been certified by the Department of Human Resources department as substantially conforming, with respect to course content, with the standards and requirements promulgated by the Department of Human Resources department under subsection (e) of this Code section. Certificates of completion from an out-of-state program, clinic, or course not so certified by the Department of Human Resources department may be accepted only for the purpose of permitting persons who are not residents of the State of Georgia to reinstate nonresident operating privileges. (e) The Department of Human Resources department is designated as the agency responsible for establishing criteria for the approval of DUI Alcohol or Drug Use Risk Reduction Programs. An applicant must meet the certification criteria promulgated by the Department of Human Resources department through its standards and must provide the following services: (1) the assessment component and (2) the intervention component. The Department of Human Resources department is designated as the agency responsible for establishing rules and regulations concerning the contents and duration of the components of DUI Alcohol or Drug Use Risk Reduction Programs, qualifications of instructors, attendance requirements for students, examinations, and program evaluations. Qualified instructors shall be certified for periods of four years each, which may be renewed. Approved DUI Alcohol or Drug Use Risk Reduction Programs shall charge a fee of $75.00 for the assessment component and $190.00 for the intervention component. An additional fee for required student program materials shall be established by the Department of Human Resources department in such an amount as is reasonable and necessary to cover the cost of such materials. No DUI Alcohol or Drug Use Risk Reduction Program shall be approved unless such clinic

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agrees in writing to submit reports as required in the rules and regulations of the Department of Human Resources department and to allow the examination and audit of the books, records, and financial statements of such DUI Alcohol or Drug Use Risk Reduction Program by the Department of Human Resources department or its authorized agent. DUI Alcohol or Drug Use Risk Reduction Programs may be operated by any public, private, or governmental entity; provided, however, that, except as otherwise provided in this subsection, in any political subdivision in which a DUI Alcohol or Drug Use Risk Reduction Program is operated by a private entity, whether for profit or nonprofit, neither the local county board of health nor any other governmental entity shall fund any new programs in that area. Programs currently in existence which are operated by local county boards of health or any other governmental entities shall be authorized to continue operation. New programs may be started in areas where no private DUI Alcohol or Drug Use Risk Reduction Programs have been made available to said community. The Department of Corrections is authorized to operate DUI Alcohol or Drug Use Risk Reduction Programs in its facilities where offenders are not authorized to participate in such programs in the community, provided that such programs meet the certification criteria promulgated by the Department of Human Resources Driver Services. All such programs operated by the Department of Corrections shall be exempt from all fee provisions established in this subsection specifically including the rebate of any fee for the costs of administration. No DUI Alcohol or Drug Use Risk Reduction Program will be approved unless such clinic agrees in writing to pay to the state, for the costs of administration, a fee of $15.00, for each offender assessed or each offender attending for points reduction, provided that nothing in this Code section shall be construed so as to allow the Department of Human Resources department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the Department of Human Resources department 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 miscellaneous funds.
SECTION 17-21. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-88, relating to administrative penalties, and inserting in its place a new Code section to read as follows:
40-5-88. (a) As an alternative to criminal or other civil enforcement, the commissioner of motor vehicle safety or the commissioner of human resources, whichever is applicable, driver services in order to enforce this article or any orders, rules, or regulations promulgated pursuant to this article, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever that the commissioner, after a hearing, determines that any person, firm, or corporation has violated any provisions of this article or any regulations or orders promulgated under this article. Notwithstanding the foregoing, violations that are minor in nature and committed by a person, firm, or corporation shall be punished

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only by a written reprimand unless the person, firm, or corporation fails to remedy the violation within 30 days, in which case an administrative fine, not to exceed $250.00, may be issued. (b) The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of either the commissioner of motor vehicle safety or the commissioner of human resources driver services shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner of motor vehicle safety or the commissioner of human resources, as appropriate, driver services may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of such the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to such commissioner with respect to any violation of this article or any order, rules, or regulations promulgated pursuant to this article.
SECTION 17-22. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-142, relating to definitions applicable to the 'Uniform Commercial Drivers License Act,' by striking paragraph (7) and inserting in its place a new paragraph to read as follows:
(7) 'Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property:
(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

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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 motor carrier. 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 Driver Services to exempt said classes.
SECTION 17-23. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-100, relating to issuance of identification cards, by striking subsection (b) and inserting in its place a new subsection to read as follows:
(b) The identification card shall be valid for four a period of five or ten years, at the option of the applicant, and shall bear the signatures of the commissioner and the Governor and shall bear an identification card number which shall not be the same as the social security number, unless the person specifically requests that the social security number be used, or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section.
SECTION 17-24. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-103, relating to fees for issuance of identification cards, and inserting in its place a new Code section to read as follows:
40-5-103. (a) Except as provided in subsections (b) and (c) of this Code section, the department shall collect a fee of $10.00 for the identification card $20.00 for a five-year card and a fee of $35.00 for a ten-year card, which fee shall be deposited in the state treasury in the same manner as other motor vehicle drivers license fees. (b) The department shall collect a fee of $5.00 for the identification card for all persons who are referred by a nonprofit organization which organization has entered into an agreement with the department whereby such organization verifies that the individual applying for such identification card is indigent. The department shall enter into such agreements and shall adopt rules and regulations to govern such agreements. (c) The department shall not be authorized to collect a fee for an identification card from those persons who are entitled to a free veterans drivers license under the provisions of Code Section 40-5-36. (d) The commissioner may by rule authorize incentive discounts where identification cards are renewed by Internet, telephone, or mail.
PART XVIII Amendments to Chapter 40-6.
Uniform rules of the road.

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SECTION 18-1. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended in Code Section 40-6-10, relating to insurance requirements for operation of motor vehicles generally, by striking paragraph (3) of subsection (a) and inserting in its place a new paragraph to read as follows:
(3) On and after January 1, 2004 July 1, 2005, the requirement under this Code section that proof or evidence of minimum liability insurance be maintained in a motor vehicle at all times during the operation of the vehicle shall not apply to the owner or operator of any vehicle for which the records or data base of the Department of Motor Vehicle Safety Revenue indicates that required minimum insurance coverage is currently effective.
SECTION 18-2. Said Chapter 6 of Title 40 is further amended by striking Code Section 40-6-12, relating to proof of financial responsibility after failure to maintain insurance, and inserting in its place a new Code section to read as follows:
40-6-12. (a) Any person convicted of a second or subsequent violation of Code Section 40-6-10 within a five-year period, as measured from date of arrest to date of arrest, shall be required to file with the Department of Motor Vehicle Safety Driver Services and maintain for a period of three years from the date of conviction proof of financial responsibility, as such term is defined in paragraph (5) of Code Section 40-9-2, in addition to any other punishment. (b) If the proof of financial responsibility filed in accordance with subsection (a) of this Code section is based upon a policy issued by an insurance company, such insurer may not cancel the policy until the Department of Motor Vehicle Safety Driver Services is given at least 30 days prior written notice of such cancellation.
SECTION 18-3. Said Chapter 6 of Title 40 is further amended in Code Section 40-6-142, relating to vehicles required to stop at railroad crossings, by striking subsection (a) and inserting in its place a new subsection to read as follows:
(a) Except as provided in subsection (b) of this Code section, the driver of any motor vehicle carrying passengers for hire, any bus, whether or not operated for hire, or of any school bus, whether carrying any school children or empty, or of any vehicle carrying any hazardous material listed in Section 392.10 of Title 49 of the Code of Federal Regulations as those regulations currently exist or as they may in the future be amended or in regulations adopted by the commissioner of motor vehicle safety public safety, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train and shall not proceed until he or she can do so safely. After stopping as required in this Code section and upon

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proceeding when it is safe to do so, the driver of any such vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing, and the driver shall not shift gears while crossing the track or tracks.
SECTION 18-4. Said Chapter 6 of Title 40 is further amended in Code Section 40-6-221, relating to definitions applicable to handicapped parking, by striking paragraph (1) and inserting in its place a new paragraph to read as follows:
(1) 'Counterfeit' means any copy of any kind of parking permit for persons with disabilities which is not authorized by and does not carry the official seal of the Department of Motor Vehicle Safety Revenue.
SECTION 18-5. Said Chapter 6 of Title 40 is further amended in Code Section 40-6-222, relating to handicapped parking permits, by striking subsection (a) and inserting in its place a new subsection to read as follows:
(a) The Department of Motor Vehicle Safety Revenue shall issue parking permits for persons with disabilities at every place where it issues drivers licenses and may delegate to county tag agents responsibility for issuance of such permits to residents of the county served by the tag agent. 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. 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.
SECTION 18-6. Said Chapter 6 of Title 40 is further amended by striking Code Section 40-6-223, relating to absence of fees for handicapped parking permits, and inserting in its place a new Code section to read as follows:
40-6-223. The Department of Motor Vehicle Safety Revenue and county tag agents shall not

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charge or collect any fee for issuing parking permits for persons with disabilities under this part.
SECTION 18-7. Said Chapter 6 of Title 40 is further amended in Code Section 40-6-253.1, relating to transportation of etiologic agents, by striking subsections (b) and (c) and inserting in their place new subsections to read as follows:
(b) The transportation of infectious substances and regulated medical waste, including but not limited to the marking of packages and marking or placarding of vehicles with appropriate warnings, shall comply with the requirements of the federal Hazardous Material Regulations published in Title 49 of the Code of Federal Regulations as those regulations currently exist or may in the future be amended and with compatible regulations adopted or promulgated by the commissioner of motor vehicle safety public safety. (c) Nurses, physicians, and other health care professionals may utilize all applicable exceptions contained in federal regulations and in the regulations of the Department of Motor Vehicle Safety Public Safety when transporting infectious substances.
SECTION 18-8. Said Chapter 6 of Title 40 is further amended by striking Code Section 40-6-277, relating to reporting of fatal accidents, and inserting in its place a new Code section to read as follows:
40-6-277. Every sheriff and chief executive officer of a law enforcement agency other than a sheriff shall, on or before the tenth day of each month, report in writing to the Department of Motor Vehicle Safety Transportation the death of any person within their jurisdiction during the preceding calendar month as the result of a traffic accident known to them, giving the time and place of the accident and the circumstances relating thereto, in the manner specified by the commissioner of motor vehicle safety transportation.
SECTION 18-9. Said Chapter 6 of Title 40 is further amended by striking Code Section 40-6-278, relating to reporting of motor vehicle accidents, and inserting in its place a new Code section to read as follows:
40-6-278. The commissioner of motor vehicle safety transportation shall prescribe, by rule, uniform motor vehicle accident reports and reporting procedures which shall be used by all police officers, whether state, county, or municipal. The rules shall be adopted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The rules may require one type of report and reporting procedure for motor vehicle accidents in which property damage alone is involved and another type of report and reporting procedure for motor vehicle accidents involving personal injury or death. The commissioner may, by rule, require additional investigation or reports in case of serious bodily injury or death.

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SECTION 18-10. Said Chapter 6 of Title 40 is further amended in Code Section 40-6-296, relating to bicycle safety standards, by striking subsection (a) and inserting in its place a new subsection to read as follows:
(a) Every bicycle when in use at nighttime shall be equipped with a light on the front which shall emit a white light visible from a distance of 300 feet to the front and with a red reflector on the rear of a type approved by the Department of Motor Vehicle Public Safety which shall be visible from a distance of 300 feet to the rear when directly in front of lawful upper beams of headlights on a motor vehicle. A light emitting a red light visible from a distance of 300 feet to the rear may be used in addition to the red reflector.
SECTION 18-11. Said Chapter 6 of Title 40 is further amended by striking Code Section 40-6-315, relating to motorcycle safety standards, and inserting in its place a new Code section to read as follows:
40-6-315. (a) No person shall operate or ride upon a motorcycle unless he or she is wearing protective headgear which complies with standards established by the commissioner of motor vehicle public safety. (b) No person shall operate or ride upon a motorcycle if the motorcycle is not equipped with a windshield unless he or she is wearing an eye-protective device of a type approved by the commissioner of motor vehicle public safety. (c) This Code section shall not apply to persons riding within an enclosed cab or motorized cart. This Code section shall not apply to a person operating a three-wheeled motorcycle used only for agricultural purposes. (d) The commissioner of motor vehicle public safety is authorized to approve or disapprove protective headgear and eye-protective devices required in this Code section and to issue and enforce regulations establishing standards and specifications for the approval thereof. The commissioner shall publish lists of all protective headgear and eye-protective devices by name and type which have been approved by it.
SECTION 18-12. Said Chapter 6 of Title 40 is further amended by striking Code Section 40-6-316, relating to promulgation of motorcycle safety rules, and inserting in its place a new Code section to read as follows:
40-6-316. The commissioner of motor vehicle public safety is authorized to promulgate rules and regulations to carry this part into effect and to establish regulations for safety standards for the operation of motorcycles.
SECTION 18-13. Said Chapter 6 of Title 40 is further amended by striking Code Section 40-6-330, relating to motorized cart equipment regulations, and inserting in its place a new Code section to

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read as follows: 40-6-330. Motorized carts may be operated on streets only during daylight hours unless they comply with the equipment regulations promulgated by the commissioner of motor vehicle public safety.
SECTION 18-14. Said Chapter 6 of Title 40 is further amended by striking Code Section 40-6-352, relating to moped safety standards, and inserting in its place a new Code section to read as follows:
40-6-352. (a) No person shall operate or ride as a passenger upon a moped unless he or she is wearing protective headgear which complies with standards established by the commissioner of motor vehicle public safety. The commissioner in determining such standards shall consider the size, speed, and operational characteristics of the moped. Such standards need not necessarily be the same as for motorcyclists; however, any moped operator wearing an approved motorcycle helmet shall be deemed in compliance with this subsection. Operators of electric assisted bicycles may wear a properly fitted and fastened bicycle helmet which meets the standards of the American National Standards Institute or the Snell Memorial Foundations Standards for Protective Headgear for Use in Bicycling, rather than a motorcycle helmet. (b) The commissioner of motor vehicle public safety is authorized to approve or disapprove protective headgear for moped operators and to issue and enforce regulations establishing standards and specifications for the approval thereof. He or she shall publish lists by name and type of all protective headgear which have been approved by him or her.
SECTION 18-15. Said Chapter 6 of Title 40 is further amended by striking Code Section 40-6-354, relating to promulgation of moped safety rules, and inserting in its place a new Code section to read as follows:
40-6-354. The commissioner of motor vehicle public safety is authorized to promulgate rules and regulations to carry this part into effect and is authorized to establish regulations for safety equipment or standards for the operation of mopeds.
SECTION 18-15.1. Said Chapter 6 of Title 40 is further amended in Code Section 40-6-391, relating to driving under the influence, by striking subparagraphs (c)(1)(D), (c)(2)(D), and (c)(3)(D) and inserting in their respective places new subparagraphs to read as follows:
(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources Driver Services. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment

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in the program; and (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources Driver Services. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program; and (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources Driver Services. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program; and
SECTION 18-16. Said Chapter 6 of Title 40 is further amended in Code Section 40-6-391.1, relating to nolo contendere pleas in driving under the influence cases, by striking subsections (b) through (e) and inserting in their place new subsections to read as follows:
(b) If the defendant has not been convicted of or had a plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years and if the plea of nolo contendere shall be used as provided in paragraph (1) of subsection (a) of Code Section 40-5-63, no such plea shall be accepted unless, at a minimum, the following conditions are met:
(1) The defendant has filed a verified petition with the court requesting that such plea be accepted and setting forth the facts and special circumstances necessary to enable the judge to determine that accepting such plea is in the best interest of justice; and (2) The judge has reviewed the defendants driving records that are on file with the Department of Motor Vehicle Safety Driver Services. (c) The judge, as part of the record of the disposition of the charge, shall set forth, under seal of the court, his or her reasons for accepting the plea of nolo contendere. (d) The record of the disposition of the case, including the ruling required in subsection (c) of this Code section, shall be forwarded to the Department of Motor Vehicle Safety Driver Services within ten days after disposition. (e) If a plea of nolo contendere is accepted under the conditions set forth in subsection (b) of this Code section, the defendants drivers license shall be forwarded to the Department of Motor Vehicle Safety Driver Services as provided in subsection (c) of Code Section 40-5-67.
PART XIX Amendments to Chapter 40-8. Equipment and inspection of motor vehicles.
SECTION 19-1. Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, is amended by striking Code Section 40-8-2, relating to motor vehicle safety standards, and inserting in its place a new Code section to read as follows:
40-8-2.

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In addition to the requirements of this article, the commissioner of motor vehicle public safety, as to the motor vehicles within the jurisdiction of the Department of Motor Vehicle Public Safety, shall have the authority to promulgate rules designed to promote safety pursuant to the provisions of Chapter 16 of this title and Chapter 7 of Title 46. Any such rules promulgated or deemed necessary by the commissioner shall include the following: every motor unit and all parts thereof shall be maintained in a safe condition at all times. The lights, brakes, and equipment shall meet such safety requirements as the commissioner shall promulgate from time to time.
SECTION 19-2. Said Chapter 8 of Title 40 is further amended in Code Section 40-8-50, relating to safety standards for brakes, by striking paragraph (8) of subsection (e) and inserting in its place a new paragraph to read as follows:
(8) For vehicles used for commercial purposes, the vehicle or combination of vehicles is used only in intrastate commerce and complies in all other respects with licensing, insurance, registration, identification, driver and vehicle safety, and hazardous materials regulations of the Department of Motor Vehicle Safety Public Safety and United States Department of Transportation applicable to such vehicles or combination of vehicles.
SECTION 19-3. Said Chapter 8 of Title 40 is further amended in Code Section 40-8-73.1, relating to affixing of materials which reduce light transmission through windows or windshields, by striking subsection (d) and inserting in its place a new subsection to read as follows:
(d) The Department of Motor Vehicle Public Safety may, upon application from a person required for medical reasons to be shielded from the direct rays of the sun and only if such application is supported by written attestation of such fact from a person licensed to practice medicine under Chapter 34 of Title 43, issue an exemption from the provisions of this Code section for any motor vehicle owned by such person or in which such person is a habitual passenger. The exemption shall be issued with such conditions and limitations as may be prescribed by the Department of Motor Vehicle Public Safety.
SECTION 19-4. Said Chapter 8 of Title 40 is further amended in Code Section 40-8-76.1, relating to use of safety belts in passenger vehicles, by striking paragraphs (2) and (3) of subsection (e) and inserting in their place new paragraphs to read as follows:
(2) A person failing to comply with the requirements of subsection (b) of this Code section shall be guilty of the offense of failure to wear a seat safety belt and, upon conviction thereof, may be fined not more than $15.00; but, the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. The court imposing such fine shall forward a record of the disposition of the case of failure to wear a seat safety belt to the Department of Motor Vehicle Safety

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Driver Services. (3) Each minor six years of age or older who is an occupant of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208. In any case where a minor passenger six years of age or older fails to comply with the requirements of this paragraph, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a seat safety belt on a minor and, upon conviction thereof, may be fined not more than $25.00. The court imposing such a fine shall forward a record of the court disposition of the case of failure to secure a seat safety belt on a minor to the Department of Motor Vehicle Safety Driver Services.
SECTION 19-5. Said Chapter 8 of Title 40 is further amended in Code Section 40-8-78, relating to motor vehicle safety glazing, by striking subsections (a) and (d) and inserting in their respective places new subsections to read as follows:
(a) No person shall sell any motor vehicle manufactured after January 1, 1954, nor shall any such motor vehicle be registered unless such vehicle is equipped with safety glazing materials of a type approved by the commissioner of motor vehicle public safety wherever glazing materials are used in doors, windows, and windshields. The provisions of this Code section shall apply to all passenger-type motor vehicles, including passenger buses and school buses, but in respect to trucks, including truck tractors, the requirements as to safety glazing materials shall apply to all glazing materials used in doors, windows, and windshields in the drivers compartments of such vehicles. (d) The commissioner of motor vehicle public safety shall compile and publish a list of types of glazing materials by name approved by him or her as meeting the requirements of this Code section and the commissioner shall not register any motor vehicle which is subject to the provisions of this Code section unless it is equipped with an approved type of safety glazing materials, and he or she shall thereafter suspend the registration of any motor vehicle so subject to this Code section which he or she finds is not so equipped until it is made to conform to the requirements of this Code section.
SECTION 19-6. Said Chapter 8 of Title 40 is further amended in Code Section 40-8-92, relating to designation of emergency vehicles and use of flashing or revolving lights, by striking subsection (a) and inserting in its place a new subsection to read as follows:
(a) All emergency vehicles shall be designated as such by the commissioner of motor vehicle public safety. The commissioner shall so designate each vehicle by issuing to such vehicle a permit to operate flashing or revolving emergency lights of the appropriate color. Such permit shall be valid for one year from the date of issuance; provided, however, that permits for vehicles belonging to federal, state, county, or municipal governmental agencies shall be valid for five years from the date of issuance. Any and all officially marked law enforcement vehicles as specified in Code Section

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40-8-91 shall not be required to have a permit for the use of a blue light. Any and all fire department vehicles which are distinctly marked on each side shall not be required to have a permit for the use of a red light.
SECTION 19-7. Said Chapter 8 of Title 40 is further amended by striking Code Section 40-8-95, relating to promulgation of certain safety standards, and inserting in its place a new Code section to read as follows:
40-8-95. The commissioner of motor vehicle public safety shall implement any and all provisions of Code Sections 40-8-90, 40-8-92, and 40-8-93 by the promulgation of necessary rules and regulations.
SECTION 19-8. Said Chapter 8 of Title 40 is further amended in Code Section 40-8-220, relating to inspection of public school buses, by striking subsections (a) and (f) and inserting in their respective places new subsections to read as follows:
(a) Every school bus which is defined by paragraph (55) of Code Section 40-1-1 which is owned or operated by a state, county, or municipal government or under contract by any independent school system shall be inspected annually, or more frequently at the discretion of the commissioner of motor vehicle public safety, under the supervision of an employee of the Department of Motor Vehicle Public Safety. (f) The commissioner of motor vehicle public safety is authorized to implement any and all provisions of this Code section by the promulgation of necessary rules and regulations. When duly promulgated and adopted, all rules and regulations issued pursuant to this Code section shall have the force of law.
PART XX Amendments to Chapter 40-9. The "Motor Vehicle Safety Responsibility Act."
SECTION 20-1. Chapter 9 of Title 40 of the Official Code of Georgia Annotated, the "Motor Vehicle Safety Responsibility Act," is amended by striking in its entirety Article 1, relating to general provisions of the Act, and inserting in its place a new article to read as follows:
ARTICLE 1 40-9-1. This chapter shall be known and may be cited as the 'Motor Vehicle Safety Responsibility Act.'
40-9-2. As used in this chapter, the term:

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(1) 'Accident' means the collision of any motor vehicle with another vehicle or with any object or fixture, or involvement of a motor vehicle in any manner in which any person is killed or injured or in which damage to the property of any one person to an extent of $500.00 or more is sustained. (2) 'Commissioner' means the commissioner of motor vehicle safety driver services. (3) 'Department' means the Department of Motor Vehicle Safety Driver Services. (4) 'Operator' means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. (5) 'Proof of financial responsibility' means proof of ability to respond in damages for liability on account of accidents occurring subsequent to the effective date of said proof in the amounts specified in subparagraph (a)(1)(A) of Code Section 33-7-11. (6) 'Registration' means the registration certificates and registration plates issued under the laws of this state pertaining to the registration of vehicles. (7) 'Suspension of drivers license' means the temporary withdrawal by formal action of the department of a residents license or nonresidents privilege to operate a motor vehicle on the public highways.
40-9-3. (a) The commissioner shall administer and enforce this chapter and is authorized to adopt and enforce rules and regulations necessary for its administration. The commissioner shall prescribe suitable forms requisite or deemed necessary for the purposes of this chapter. (b) The commissioner shall provide for hearings upon request of persons aggrieved by orders or acts of the commissioner under this chapter. Such hearings shall not be subject to the procedural provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c) The commissioner is authorized to adopt and enforce rules and regulations necessary for the administration of such hearings, including but not limited to, hearings provided in Code Section 40-9-32. Except as provided in Code Section 40-9-32, a request for a hearing under this chapter shall not operate as a stay of any order or act of the commissioner. (d) The commissioners decision as rendered at such hearing shall be final unless the aggrieved person shall desire an appeal, in which case he or she shall have the right to enter an appeal to the superior court of the county of his or her residence or the Superior Court of Fulton County by filing a complaint in the superior court, naming the commissioner as defendant, within 30 days from the date the commissioner enters his or her decision or order. The appellant shall not be required to post any bond nor pay the costs in advance. If the aggrieved person desires, the appeal may be heard by the judge at term or in chambers or before a jury at the first term. The hearing on the appeal shall be de novo. However, such appeal shall not act as a supersedeas of any order or acts of the commissioner, nor shall the appellant be allowed to operate or permit a motor vehicle to be operated in violation of any suspension or revocation by the

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commissioner while such appeal is pending.
40-9-4. This chapter shall not apply with respect to any motor vehicle owned by the United States, the State of Georgia, any political subdivision of this state, or any municipality therein, or any motor carrier required by any other law to file evidence of insurance or other surety. Code Sections 40-9-81, 40-9-7, 40-9-6 through 40-9-8, and 40-9-12 shall apply as to the operator of such motor vehicles. All provisions of this chapter shall apply to the operator of such motor vehicles while on unofficial business.
40-9-5. (a) If the operator or the owner of a vehicle involved in an accident in this state has no license or registration, such operator shall not be allowed a license nor shall such owner be allowed to register any vehicle until he or she has complied with the requirements of this chapter to the same extent that would be necessary if, at the time of the accident, he or she had held a license or been the owner of a vehicle registered in this state. (b) When a nonresidents operating privilege is suspended pursuant to Code Section 40-9-33 or 40-9-61, the department shall transmit a certified copy of the record of such action to the official in charge of the issuance of licenses and registration certificates in the state in which such nonresident resides, if the law of such other state provides for action in relation thereto similar to that provided for in subsection (c) of this Code section. (c) Upon receipt of a certification that the operating privilege of a resident of this state has been suspended in another state pursuant to a law providing for its suspension for failure to deposit security for the payment of judgments arising out of a motor vehicle accident, under circumstances which would require the department to suspend a nonresidents operating privilege had the accident occurred in this state, the department shall suspend the license of such resident and such residents vehicle registration if he was the owner or operator of a motor vehicle involved in the accident. Such suspension shall continue until such resident furnishes evidence of his or her compliance with the laws of such other state relating to the showing of proof of financial responsibility, or reinstatement of operating or registration privilege.
40-9-6. Reserved. (a) If an owners vehicle registration has been suspended under this chapter, such registration shall not be transferred nor shall the vehicle in respect to which such registration was issued be registered in any other name until the department is satisfied that such transfer of registration is proposed in good faith and not for the purpose or with the effect of defeating the purposes of this chapter. (b) Nothing in this Code section shall in any way affect the rights of any conditional vendor, chattel mortgagee, or lessor of a vehicle registered in the name of another as owner who becomes subject to this chapter.

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40-9-7. (a) Any person whose drivers license or vehicle registration shall have been suspended under any provision of this chapter shall immediately return his or her license and registration to the department. If any person shall fail to return such license or registration to the department, the department shall direct any peace officer to secure possession thereof and to return it to the department. (b) Any person willfully failing to return his or her drivers license or registration as required in subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00 or by imprisonment for not more than 30 days, or by both such fine and imprisonment.
40-9-8. Any person whose drivers license, vehicle registration, or nonresidents operating privilege has been suspended under this chapter and who, during such suspension, drives any motor vehicle upon any highway or knowingly permits any motor vehicle owned by such person to be operated by another upon any highway, except where permitted under this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not less than five days nor more than six months and there may be imposed in addition thereto a fine of not more than $500.00.
40-9-9. Whenever a drivers license or vehicle registration is suspended under any provisions of this chapter and the filing of proof of financial responsibility is made a prerequisite to reinstatement of such license or registration or both, no such license or registration shall be reinstated unless the driver or owner, in addition to complying with the other provisions of this chapter, pays to the department a fee of $25.00. Only one such fee shall be paid by any one person irrespective of the number of licenses and registrations to be reinstated. The fees paid pursuant to this Code section shall be expendable receipts to be used only by the department toward the cost of administration of this chapter.
40-9-10. This chapter shall in no respect be considered as a repeal of the state motor vehicle laws but shall be construed as supplemental thereto.
40-9-11. Nothing in this chapter shall be construed as preventing the plaintiff in any action at law from relying for relief upon the other processes provided by law.
40-9-12. Any person who shall violate any provision of this chapter for which no penalty is otherwise provided shall be guilty of a misdemeanor.

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SECTION 20-2. Said Chapter 9 of Title 40 is further amended by striking Code Sections 40-9-30, relating to fees for accident reports, 40-9-31, relating to submitting accident reports, 40-9-32, relating to determination of requirement of security, and 40-9-33, relating to suspension of license and registration for noncompliance, and inserting in their place new Code sections to read as follows:
40-9-30. The department Department of Transportation shall charge a fee of $5.00 for each copy of any accident report received and maintained by the that department pursuant to Code Section 40-6-273.
40-9-31. Each state and local law enforcement agency shall submit to the Department of Motor Vehicle Safety Transportation the original document of any accident report prepared by such law enforcement agency or submitted to such agency by a member of the public. If the Department of Driver Services receives a claim requesting determination of security, the Department of Transportation shall provide a copy or an electronic copy of any relevant accident reports to the Department of Driver Services. A law enforcement agency may transmit the information contained on the accident report form by electronic means, provided that the department Department of Transportation has first given approval to the reporting agency for the electronic reporting method utilized. The law enforcement agency shall retain a copy of each accident report. All such reports shall be submitted to the department Department of Transportation not more than 15 days following the end of the month in which such report was prepared or received by such law enforcement agency.
40-9-32. (a) The department, not less than 30 days after receipt of an accident report or notice of an accident with respect to which a person claims under oath to have suffered damages and requests determination of security, shall determine the amount of security sufficient in its judgment to satisfy any judgment or judgments for damages resulting from such accident that may be recovered against each operator and owner. Such determination shall be made on the basis of the reports or other information submitted. Notwithstanding any other provisions of this chapter, the department shall not consider or take any action with respect to an accident report, notice of accident, or any claim filed under this Code section which is received more than six months after the date of the accident. (b) The department, upon determining the amount of security required, shall give written notice to each operator and owner of the amount of security required to be deposited by him or her. Such notice shall state that each operators and owners license and vehicle registration shall be suspended on the thirtieth day from the date of mailing of notice unless within that time the required security is deposited and such owner or operator shall give proof of financial responsibility for the future. The license of the one

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depositing the security will not then be suspended. (c)(1) Any person so notified may, within ten days after receipt of such notification, make a written request to the department for a hearing. Such request shall operate as a stay of any suspension pending the outcome of such hearing. The scope of such hearing, for the purposes of this Code section, shall cover the issues of whether there is a reasonable possibility that a judgment could be rendered against such person in an action arising out of the accident and whether such person is exempt from the requirement of depositing security under Code Section 40-9-34. The department may also consider at such hearing the amount of security required. The requirements of depositing security under this Code section shall not apply to any person against whom the department has found that there is not a reasonable possibility of a judgment being rendered. (2) For the purposes of this Code section, a hearing may consist of a department determination of such issues, such determination to be based solely on written reports submitted by the operator or owner and by investigatory officers, provided that the owner or operator in his or her request to the department for a hearing has expressly consented to this type of hearing and that the department has also consented thereto.
(d) Any person required to give security after a hearing as provided in subsection (c) of this Code section may petition for judicial review of the decision of the department, but suspension of such persons drivers license, or operating privilege, or vehicle registration shall not be stayed while such appeal is pending. The superior court upon such appeal may consider the written reports considered by the department at the hearing as authorized by subsection (c) of this Code section.
40-9-33. (a) In the event that any person required to deposit security fails to deposit such security within 30 days from the date of mailing of notice as provided in Code Section 40-9-32 and such person does not make a timely request for a hearing, or in the event any person fails to deposit security after the department has determined that there exists a reasonable possibility of a judgment being rendered against such person, the department shall thereupon suspend:
(1) The drivers license of such person; and (2) The registration of all vehicles owned by such person which are subject to registration under the laws of this state; and (3)(2) If such person is a nonresident, the privilege of operating or permitting the operation of a vehicle within this state. (b) The license and registration or nonresidents operating privilege shall remain so suspended and shall not be restored, nor shall any such license and registration be issued to such person, nor shall such nonresidents operating privilege be restored, until: (1) Such person shall deposit or there shall be deposited on his or her behalf the security and proof of financial responsibility for the future as required by this chapter; (2) One year shall have elapsed following the date of such suspension and evidence

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satisfactory to the department has been filed with it that during the period of suspension no action for damages arising out of the accident has been instituted; or (3) Evidence satisfactory to the commissioner has been filed with him or her of a release from liability or a final adjudication of nonliability.
SECTION 20-3. Said Chapter 9 of Title 40 is further amended by striking Code Section 40-9-41, relating to inadmissibility of proceedings as evidence, and inserting in its place a new Code section to read as follows:
40-9-41. Neither any accident report filed with the department Department of Transportation, the action taken by the department Department of Driver Services pursuant to this chapter, the findings, if any, of the department upon which such action is based, nor the security filed as provided in this chapter shall be referred to in any way, nor shall they be any evidence of the negligence or due care of either party, at the trial of any action at law to recover damages.
SECTION 20-4. Said Chapter 9 of Title 40 is further amended by striking Code Sections 40-9-61 relating to suspension of driving privileges and registrations for violations, 40-9-62 relating to duration of suspensions, and 40-9-63 relating to installment payment of judgments, and inserting in their place new Code sections to read as follows:
40-9-61. (a) The department, upon receipt of a certified copy of an unsatisfied judgment, shall suspend the drivers license and vehicle registration or nonresidents operating privilege of the person against whom such judgment was rendered except as provided in subsections (b) and (c) of this Code section. (b) If the judgment creditor consents, in writing, in such form as the department may prescribe, the department, in its discretion, may allow the judgment debtor to retain his or her license and registration or nonresidents operating privilege for six months from the date of such consent and thereafter until such consent is revoked in writing, notwithstanding default in the payment of such judgment or of any installments as provided in Code Section 40-9-63. (c) The department shall take no action pursuant to subsection (a) of this Code section if it shall find that an insurer was obligated to pay the judgment upon which suspension is based, at least to the extent and for the amounts required in this article, but has not paid such judgment for any reason. Such finding shall not be binding upon such insurer and shall have no legal effect whatever except for the purposes of administering this Code section. Whenever, in any judicial proceedings, it shall be determined by any final judgment, decree, or order that an insurer is not obligated to pay any such judgment, the department, notwithstanding any contrary finding theretofore made by it, shall forthwith suspend the license and registration and any or nonresidents operating privilege of any person against whom such judgment was rendered.

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40-9-62. (a) A drivers license, vehicle registration, or nonresidents operating privilege suspended pursuant to Code Section 40-9-61 shall remain so suspended and shall not be renewed, nor shall any such license or registration be thereafter issued in the name of the judgment debtor, whether or not he or she was previously licensed, unless and until every such judgment is stayed, or satisfied in full or to the extent provided in subsection (b) of this Code section, subject to the exceptions provided in this article. (b) Judgment referred to in this article, which is based upon an accident which occurred on or after January 1, 2001, shall, for the purpose of this chapter only, be deemed satisfied:
(1) When $25,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one person as the result of any one accident; (2) When, subject to such limit of $25,000.00 because of bodily injury to or death of one person, $50,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two or more persons as the result of any one accident; or (3) When $25,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or destruction of property of others as a result of any one accident. (c) Reserved. (d) Payments made in settlement of any claims because of bodily injury, death, or property damage arising from the accident shall be credited in reduction of the amounts provided for in this Code section.
40-9-63. (a) A judgment debtor, upon due notice to the judgment creditor, may apply to the court in which such judgment was rendered for the privilege of paying such judgment in installments, and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of payment of the installments. (b) The department shall not suspend a license, registration, or nonresidents operating privilege and shall restore any license, registration, or nonresidents operating privilege suspended following nonpayment of a judgment, when the judgment debtor obtains such an order permitting the payment of any such judgment in installments, and while the payment of any such installments is not in default.
PART XXI Amendments to Chapter 40-11.
Abandoned Motor Vehicles.
SECTION 21-1. Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned

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motor vehicles, is amended by striking Code Section 40-11-1, relating to definitions applicable to abandoned motor vehicles in general, and inserting in its place a new Code section to read as follows:
40-11-1. As used in this article, the term:
(1) 'Abandoned motor vehicle' means a motor vehicle or trailer: (A) Which has been left by the owner or some person acting for the owner with an automobile dealer, repairman, or wrecker service for repair or for some other reason and has not been called for by such owner or other person within a period of 30 days after the time agreed upon; or within 30 days after such vehicle is turned over to such dealer, repairman, or wrecker service when no time is agreed upon; or within 30 days after the completion of necessary repairs; (B) Which is left unattended on a public street, road, or highway or other public property for a period of at least five days and when it reasonably appears to a law enforcement officer that the individual who left such motor vehicle unattended does not intend to return and remove such motor vehicle. However, on the state highway system, any law enforcement officer or employee of the Department of Motor Vehicle Safety to whom enforcement authority has been designated pursuant to Code Section 40-16-4 may authorize the immediate removal of vehicles posing a threat to public health or safety or to mitigate congestion; (C) Which has been lawfully towed onto the property of another at the request of a law enforcement officer and left there for a period of not less than 30 days without anyone having paid all reasonable current charges for such towing and storage; (D) Which has been lawfully towed onto the property of another at the request of a property owner on whose property the vehicle was abandoned and left there for a period of not less than 30 days without anyone having paid all reasonable current charges for such towing and storage; or (E) Which has been left unattended on private property for a period of not less than 30 days.
(2) 'Motor vehicle' or 'vehicle' means motor vehicle or trailer. (3) 'Owner' or 'owners' means the registered owner, the owner as recorded on the title, lessor, lessee, security interest holders, and all lienholders as shown on the records of the Department of Motor Vehicle Safety Revenue.
SECTION 21-2. Said Chapter 11 of Title 40 is further amended in Code Section 40-11-2, relating to duty of person removing or storing motor vehicle, by striking subsections (e), (h), (i), and (j) and inserting in their respective places new subsections to read as follows:
(e) If none of the owners redeems such motor vehicle as described in subsection (d) of this Code section, or if a vehicle being repaired by a repair facility or being stored by an insurance company providing insurance to cover damages to the vehicle becomes abandoned, the person removing or storing such motor vehicle shall, within seven calendar days of the day such vehicle became an abandoned motor vehicle, give notice

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in writing, by sworn statement, on the form prescribed by the state revenue commissioner, to the Department of Motor Vehicle Safety Revenue with a research fee of $2.00 as fixed by rule or regulation payable to the Department of Motor Vehicle Safety Revenue, stating the manufacturers vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, the model, year, and make of the vehicle, the date the vehicle became an abandoned motor vehicle, the date the vehicle was removed, and the present location of such vehicle and requesting the name and address of all owners of such vehicle. If the form submitted is rejected because of inaccurate or missing information, the person removing or storing the vehicle shall resubmit, within seven calendar days of the date of the rejection, a corrected notice form together with an additional research fee of $2.00 as fixed by rule or regulation payable to the Department of Motor Vehicle Safety Revenue. Each subsequent corrected notice, if required, shall be submitted with an additional research fee of $2.00 as fixed by rule or regulation payable to the Department of Motor Vehicle Safety Revenue. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, such person shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle. Research requests may be submitted and research fees made payable to the office of the tax commissioner and deposited in the general fund for the county in which the removers or storers place of business is located in lieu of the Department of Motor Vehicle Safety Revenue, but in like manner, if such office processes motor vehicle records of the Department of Motor Vehicle Safety Revenue. (h) The Department of Motor Vehicle Safety Revenue shall provide to the Georgia Crime Information Center all relevant information from sworn statements described in subsection (e) of this Code section for a determination of whether the vehicles removed have been entered into the criminal justice information system as stolen vehicles. The results of the determination shall be provided electronically to the Department of Motor Vehicle Safety Revenue. (i) Any person storing a vehicle under the provisions of this Code section shall notify the Department of Motor Vehicle Safety Revenue if the vehicle is recovered, is claimed by the owner, is determined to be stolen, or for any reason is no longer an abandoned motor vehicle. Such notice shall be provided within seven calendar days of such event. (j) If vehicle information on the abandoned motor vehicle is not in the files of the Department of Motor Vehicle Safety Revenue, the department may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vehicle.
SECTION 21-3 Said Chapter 11 of Title 40 is further amended in Code Section 40-11-3, relating to removal of vehicles from public property, by striking subsection (b) and paragraph (1) of subsection (d) and inserting in their respective places a new subsection and paragraph to read as follows:

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(b) Any law enforcement officer or employee of the Department of Motor Vehicle Safety to whom law enforcement authority has been designated pursuant to Code Section 40-16-4 who finds a motor vehicle which has been left unattended on the state highway system shall be authorized to cause such motor vehicle to be removed immediately to a garage or other place of safety when such motor vehicle poses a threat to public health or safety or to mitigate congestion. Any peace officer who finds a motor vehicle which has been left unattended on a public street, road, or highway or other public property, other than the state highway system, shall be authorized immediately to cause such motor vehicle to be removed immediately to a garage or other place of safety when such motor vehicle poses a threat to public health or safety or to mitigate congestion.
(d)(1) Any peace officer or the law enforcement agency which causes a motor vehicle to be removed to a garage or other place of safety or which is notified of the removal of a motor vehicle from private property shall within 72 hours from the time of removal or notice and if the owner is unknown attempt to determine vehicle ownership through official inquiries to the Department of Motor Vehicle Safety Revenue vehicle registration and vehicle title files. These inquiries shall be made from authorized criminal justice information system network terminals.
SECTION 21-4. Said Chapter 11 of Title 40 is further amended in Code Section 40-11-5, relating to foreclosure of liens, by striking paragraphs (2) and (3) and inserting in their place new paragraphs to read as follows:
(2) The person desiring to foreclose a lien on an abandoned motor vehicle shall, by certified or registered mail or statutory overnight delivery, make a demand upon the owners for the payment of the reasonable fees for removal and storage plus the costs of any notification or advertisement. Such written demand shall include an itemized statement of all charges and may be made concurrent with the notice required by subsection (f) of Code Section 40-11-2. Such demand shall be made on a form prescribed by rule or regulation of the Department of Motor Vehicle Safety Revenue and shall notify the owner of his or her right to a judicial hearing to determine the validity of the lien. The demand shall further state that failure to return the written demand to the lien claimant, file with a court of competent jurisdiction a petition for a judicial hearing, and provide the lien claimant with a copy of such petition, all within ten days of delivery of the lien claimants written demand, shall effect a waiver of the owners right to such a hearing prior to sale. The form shall also provide the suspected owner with the option of disclaiming any ownership of the vehicle, and his or her affidavit to that effect shall control over anything contrary in the records of the Department of Motor Vehicle Safety Revenue. No such written demand shall be required if the identity of the owner cannot be ascertained and the notice requirements of subsection (g) of Code Section 40-11-2 have been complied with;
(3)(A) If, within ten days of delivery to the appropriate address of the written demand required by paragraph (2) of this Code section, the owner of the abandoned

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motor vehicle fails to pay or file with the court a petition for a judicial hearing with a copy to the lien claimant in accordance with the notice provided pursuant to paragraph (2) of this Code section, or if the owner of the abandoned motor vehicle cannot be ascertained, the person removing or storing the abandoned motor vehicle may foreclose such lien. The person asserting such lien may move to foreclose by making an affidavit to a court of competent jurisdiction, on a form prescribed by rule or regulation of the Department of Motor Vehicle Safety Revenue, showing all facts necessary to constitute such lien and the amount claimed to be due. Such affidavit shall aver that the notice requirements of Code Section 40-11-2 have been complied with, and such affidavit shall also aver that a demand for payment in accordance with paragraph (2) of this Code section has been made without satisfaction or without a timely filing of a petition for a judicial hearing or that the identity of the owner cannot be ascertained. The person foreclosing shall verify the statement by oath or affirmation and shall affix his or her signature thereto. (B) Regardless of the court in which the affidavit required by this paragraph is filed, the fee for filing such affidavit shall be $10.00 per motor vehicle upon which a lien is asserted;.
SECTION 21-5. Said Chapter 11 of Title 40 is further amended by striking Code Section 40-11-7, relating to purchasers of abandoned motor vehicles, and inserting in its place a new Code section to read as follows:
40-11-7. The purchaser at a sale as authorized in this article shall receive a certified copy of the court order authorizing such sale. Any such purchaser may obtain a certificate of title to such motor vehicle by filing the required application, paying the required fees, and filing a certified copy of the order of the court with the Department of Motor Vehicle Safety Revenue. The Department of Motor Vehicle Safety Revenue shall then issue a certificate of title, which shall be free and clear of all liens and encumbrances.
SECTION 21-6. Said Chapter 11 of Title 40 is further amended in Code Section 40-11-9, relating to derelict motor vehicles, by striking subsections (a) and (b) and inserting in their place new subsections to read as follows:
(a) If a motor vehicle has been left unattended on private property for not less than two days or on public property for not less than three days without the owner or driver making any attempt to recover such vehicle or to leave a conspicuously placed note that such owner or driver intends to return for such vehicle; or, if a conspicuous note was left, if the motor vehicle has been left unattended for not less than five days and if because of damage, vandalism, theft, or fire the vehicle is damaged to the extent that its restoration to an operable condition would require the replacement of one or more major component parts or involves any structural damage that would affect the safety of the vehicle; or if there is evidence that the vehicle was inoperable due to major mechanical breakdown at the time it was left on the property, such as the engine,

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transmission, or wheels missing, no coolant in the cooling system, no oil in the engine, or burned fluid in the transmission; or if the vehicle is seven or more years old; or if the vehicle is not currently tagged or is not verifiable by the state as to who is the current owner or lienholder of the vehicle; or if the vehicle has been abandoned to a wrecker service by an insurance company and the owner following the insurance companys making a total loss payment, then any person removing such vehicle shall within 72 hours of removing such vehicle obtain the identity of and address of the last known registered owner of the vehicle, the owner of the vehicle as recorded on the certificate of title of such vehicle, and any security interest holder or lienholder on such vehicle from the local law enforcement agency of the jurisdiction in which the vehicle was located. If the law enforcement agency shows no information on the vehicle, then a request for such information shall be sent to the Department of Motor Vehicle Safety Revenue. Within 72 hours after obtaining such information, the person removing such vehicle shall, by certified mail or statutory overnight delivery, return receipt requested, notify the registered owner, title owner, and security interest holder or lienholder of the vehicle that such vehicle will be declared a derelict vehicle and the title to such vehicle will be canceled by the Department of Motor Vehicle Safety Revenue if such person or persons fail to respond within ten days of receipt of such notice. The state revenue commissioner of motor vehicle safety shall prescribe the form and content of such notice. If the registered owner, title owner, or security interest holder or lienholder fails to respond within 30 days from the date of such notice by certified mail or statutory overnight delivery, and if the vehicle is appraised as having a total value of less than $300.00, the vehicle shall be considered to be a derelict vehicle. The value of the vehicle shall be determined as 50 percent of the wholesale value of a similar car in the rough section of the National Auto Research Black Book, Georgia Edition, or if a similar vehicle is not listed in such book or, regardless of the model year or book value of the vehicle, if the vehicle is completely destroyed by fire, flood, or vandalism or is otherwise damaged to the extent that restoration of the vehicle to a safe operable condition would require replacement of more than 50 percent of its major component parts, the person shall obtain an appraisal of the motor vehicle from the local law enforcement agencys auto theft section with jurisdiction in the county or municipality where such vehicle is located. Any person removing a vehicle shall complete a form, to be provided by the Department of Motor Vehicle Safety Revenue, indicating that the vehicle meets at least four of the above-stated eight conditions for being a derelict vehicle and shall file such form with the Department of Motor Vehicle Safety Revenue and the law enforcement agency with jurisdiction from which such vehicle was removed. (b) Upon determination that a vehicle is a derelict motor vehicle as provided in subsection (a) of this Code section, it may be disposed of by sale to a person who scraps, dismantles, or demolishes motor vehicles, provided that such vehicle may be sold for scrap or parts only and shall in no event be rebuilt or sold to the general public. Any person disposing of a derelict motor vehicle shall, prior to disposing of such vehicle, photograph such vehicle and retain with such photograph the appraisal required

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in subsection (a) of this Code section and the notice to the Department of Motor Vehicle Safety Revenue required in this subsection for a period of three years after its disposition. Such person shall also notify the Department of Motor Vehicle Safety Revenue of the disposition of such vehicle in such manner as may be prescribed by the state revenue commissioner of motor vehicle safety. The Department of Motor Vehicle Safety Revenue shall cancel the certificate of title for such vehicle and shall not issue a rebuilt or salvage title for such vehicle.
SECTION 21-7. Said Chapter 11 of Title 40 is further amended by striking Code Section 40-11-24, relating to identification numbers of forfeited motor vehicles and components, and inserting in its place a new Code section to read as follows:
40-11-24. Prior to the propertys being sold or returned to the owner or otherwise disposed of, the Department of Motor Vehicle Safety Revenue shall assign it a new identification number.
PART XXII Amendments to Chapter 40-13. Prosecution of traffic offenses.
SECTION 22-1. Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to prosecution of traffic offenses, is amended by striking Code Section 40-13-1, relating to uniform traffic citation forms, and inserting in its place a new Code section to read as follows:
40-13-1. The commissioner of public safety driver services shall develop a uniform traffic citation and complaint form for use by all law enforcement officers who are empowered to enforce the traffic laws and ordinances in effect in this state. Such form shall serve as the citation, summons, accusation, or other instrument of prosecution of the offense or offenses for which the accused is charged, and as the record of the disposition of the matter by the court before which the accused is brought, and shall contain such other matter as the commissioner shall provide. Each such form shall have a unique identifying number which shall serve as the docket number for the court having jurisdiction of the accused.
SECTION 22-2. Said Chapter 13 of Title 40 is further amended by striking Code Section 40-13-3, relating to reports of disposition of traffic citations, and inserting in it place a new Code section to read as follows:
40-13-3. Except for offenses tried in the superior courts, all other courts having jurisdiction of the offense may proceed with the adjudication of the offenses contained within the complaint without the necessity of filing an indictment or other accusation in order to bring the accused to trial. The judge or clerk of each court before whom a person

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accused of such an offense is brought shall promptly report the final disposition of the case to the Department of Motor Vehicle Safety Driver Services. Notwithstanding the reporting requirements of this Code section, the Department of Motor Vehicle Safety Driver Services may by rule or regulation relieve the judge or clerk of each such court of the responsibility of reporting those offenses which do not result in convictions or adjudications of guilt or pleas of nolo contendere.
SECTION 22-3. Said Chapter 13 of Title 40 is further amended in Code Section 40-13-32, relating to change of sentences in traffic cases, by striking subsections (b) and (c) and inserting in their place new subsections to read as follows:
(b) If the original judgment is changed or modified pursuant to this Code section, the judge shall certify to the Department of Motor Vehicle Safety Driver Services that such change or modification is a true and correct copy of the change or modification and that the requirements set forth in paragraphs (1) through (3) of subsection (a) of this Code section have been met. (c) Except for orders correcting clerical errors, the Department of Motor Vehicle Safety Driver Services shall not recognize as valid any change or modification order nor make any changes to a drivers history unless such change or modification as submitted to the department is in strict compliance with the requirements set forth in subsections (a) and (b) of this Code section.
SECTION 22-4. Said Chapter 13 of Title 40 is further amended in Code Section 40-13-33, relating to habeas corpus challenges to traffic convictions, by striking subsection (c) and inserting in its place a new subsection to read as follows:
(c) When the commissioner of motor vehicle safety driver services is named as the respondent, all such petitions must be brought in the Superior Court of Fulton County.
SECTION 22-5. Said Chapter 13 of Title 40 is further amended in Code Section 40-13-53, relating to procedure in traffic violation bureau cases, by striking subsection (b) and inserting in its place a new subsection to read as follows:
(b) The following offenses shall not be handled or disposed of by a traffic violations bureau:
(1) Any offense for which a drivers license may be suspended by the commissioner of motor vehicle safety driver services; (2) Any motor vehicle registration violation; (3) A violation of Code Section 40-5-20; (4) Speeding in excess of 30 miles per hour over the posted speed limit; or (5) Any offense which would otherwise be a traffic violations bureau offense but which arose out of the same conduct or occurred in conjunction with an offense which is excluded from the jurisdiction of the traffic violations bureau. Any such offense

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shall be subject to the maximum punishment set by law.
SECTION 22-6. Said Chapter 13 of Title 40 is further amended by striking Code Section 40-13-54, relating to processing of citations by traffic violations bureaus, and inserting in its place a new Code section to read as follows:
40-13-54. The original citation and complaint shall be sent by the officer issuing it to the traffic violations bureau of the court within 24 hours of the arrest. The defendant named in the citation shall be given the second copy. The officer issuing the citation and complaint shall retain one copy for himself or herself, and the court may, by order, provide that an additional copy shall be made for the use of any municipality in the county or the Department of Motor Vehicle Safety Driver Services.
PART XXIII Amendments to Chapters 40-14 and 40-15. Traffic enforcement devices and motorcycle safety programs.
SECTION 23-1. Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to traffic enforcement devices, is amended by striking Code Section 40-14-16, relating to effect of certain speeding violations on driver licensing, and inserting in its place a new Code section to read as follows:
40-14-16. No speeding violation of less than ten miles per hour above the legal speed limit in the county or municipality or on a college or university campus in which a person is given a speeding ticket shall be used by the Department of Motor Vehicle Safety Driver Services for the purpose of suspending or revoking the drivers license of the violator. No speeding violation report by a county, municipality, or college or university campus to the Department of Motor Vehicle Safety Driver Services which fails to specify the speed of the violator shall be used by the Department of Motor Vehicle Safety Driver Services to revoke the drivers license of a violator.
SECTION 23-2. Chapter 15 of Title 40, relating to motorcycle safety programs, is amended by in Code Section 40-15-1, relating to definitions applicable to said chapter, by striking paragraphs (1) through (4) and inserting in their place new paragraphs to read as follows:
(1) 'Board' means the Board of Motor Vehicle Safety Driver Services. (2) 'Commissioner' means the commissioner of motor vehicle safety driver services. (3) 'Coordinator' means the state-wide motorcycle safety coordinator provided for in Code Section 40-15-4. (4) 'Department' means the Department of Motor Vehicle Safety Driver Services.

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PART XXIV Amendments to Chapter 8 of Title 42.
Probation.
SECTION 24-1. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended in Code Section 42-8-26, relating to probation supervisors, by striking paragraph (2) of subsection (c) and inserting in its place a new paragraph to read as follows:
(2) No supervisor shall own, operate, have any financial interest in, be an instructor at, or be employed by any private entity which provides drug or alcohol education services or offers a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Human Resources Driver Services.
SECTION 24-2. Said Chapter 8 of Title 42 is further amended in Code Section 42-8-104, relating to prohibited conflicts of interest relative to agreements for probation services, by striking paragraph (1) of subsection (c) and inserting in its place a new paragraph to read as follows:
(c)(1) No private corporation, enterprise, or agency contracting to provide probation services under the provisions of this article on or after January 1, 1997, nor any employees of such entities, shall own, operate, have any financial interest in, be an instructor at, or be employed by any private entity which provides drug or alcohol education services or offers a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Human Resources Driver Services.
SECTION 24-3. Said Chapter 8 of Title 42 is further amended by striking subsections (a) and (d) of Code Section 42-8-110, relating to ignition interlock devices in general, and inserting in their respective places new subsections to read as follows:
(a) As used in this article, the term 'ignition interlock device' means a constant monitoring device certified by the commissioner of motor vehicle safety driver services which prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol concentration of the operator through the taking of a deep lung breath sample. The system shall be calibrated so that the motor vehicle may not be started if the blood alcohol concentration of the operator, as measured by the device, exceeds 0.02 grams or if the sample is not a sample of human breath. (d) A provider center shall be authorized to charge the person whose vehicle is to be equipped with an ignition interlock device such installation, deinstallation, and user fees as are approved by the Department of Motor Vehicle Safety Driver Services. A provider center may also require such person to make a security deposit for the safe return of the ignition interlock device. Payment of any or all of such fees and deposits may be made a condition of probation under this order.

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SECTION 24-4. Said Chapter 8 of Title 42 is further amended by striking subsection (c) of Code Section 42-8-111, relating to court ordered installation of ignition interlock devices, and inserting in its place a new subsection to read as follows:
(c) In the case of any person subject to the provisions of subsection (a) of this Code section, the court shall include in the record of conviction or violation submitted to the Department of Motor Vehicle Safety Driver Services notice of the requirement for, and the period of the requirement for, the use of a certified ignition interlock device. Such notice shall specify any exemption from the installation requirements of paragraph (1) of subsection (a) of this Code section and any vehicles subject to the installation requirements of paragraph (2) of said subsection. The records of the Department of Motor Vehicle Safety Driver Services shall contain a record reflecting mandatory use of such device and the persons drivers license or limited driving permit shall contain a notation that the person may only operate a motor vehicle equipped with a functioning, certified ignition interlock device.
SECTION 24-5. Said Chapter 8 of Title 42 is further amended by striking Code Section 42-8-112, relating to required proof of compliance for reinstatement of certain licenses and for probationary licenses, and inserting in its place a new Code section to read as follows:
42-8-112. (a) In any case where the court imposes the use of an ignition interlock device as a condition of probation on a resident of this state whose driving privilege is not suspended or revoked, the court shall require the person to surrender his or her drivers license to the court immediately and provide proof of compliance with such order to the court or the probation officer and obtain an ignition interlock device restricted driving license within 30 days. Upon expiration of the period of time for which such person is required to use an ignition interlock device, the person may apply for and receive a regular drivers license upon payment of the fee provided for in Code Section 40-5-25. If such person fails to provide proof of installation to the extent required by subsection (a) of Code Section 42-8-111 and receipt of the restricted driving license within such period, absent a finding by the court of good cause for that failure, which finding is entered in the courts record, the court shall revoke or terminate the probation.
(b)(1) In any case where the court imposes the use of an ignition interlock device as a condition of probation on a resident of this state whose driving privilege is suspended or revoked, the court shall require the person to provide proof of compliance with such order to the court or the probation officer and the Department of Motor Vehicle Safety Driver Services not later than ten days after the date on which such person first becomes eligible to apply for an ignition interlock device limited driving permit in accordance with paragraph (2) of this subsection or a habitual violators probationary license in accordance with paragraph (3) of this subsection, whichever is applicable. If such person fails to provide proof of installation to the extent required by subsection (a) of Code Section 42-8-111 within the period required by this subsection, absent a

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finding by the court of good cause for that failure, which finding is entered on the courts record, the court shall revoke or terminate the probation if such is still applicable. (2) If the person subject to court ordered use of an ignition interlock device as a condition of probation is authorized under Code Section 40-5-63 or 40-5-67.2 to apply for reinstatement of his or her drivers license during the period of suspension, such person shall, prior to applying for reinstatement of the license, have an ignition interlock device installed and shall maintain such ignition interlock device in a motor vehicle or vehicles to the extent required by subsection (a) of Code Section 42-8-111 for a period of six months running concurrently with that of an ignition interlock device limited driving permit, which permit shall not be issued until such person submits to the department proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program, proof of having undergone any clinical evaluation and of having enrolled in any substance abuse treatment program required by Code Section 40-563.1, and proof of installation of an ignition interlock device on a vehicle or vehicles to the extent required by subsection (a) of Code Section 42-8-111. Such a person may apply for and be issued an ignition interlock device limited driving permit at the end of 12 months after the suspension of the drivers license. At the expiration of such sixmonth ignition interlock device limited driving permit, the driver may, if otherwise qualified, apply for reinstatement of a regular drivers license upon payment of the fee provided in Code Section 40-5-25. (3) If the person subject to court ordered use of an ignition interlock device as a condition of probation is authorized under Code Section 40-5-58 or under Code Section 40-5-67.2 to obtain a habitual violators probationary license, such person shall, if such person is a habitual violator as a result of two or more convictions for driving under the influence of alcohol or drugs, have an ignition interlock device installed and maintained in a motor vehicle or vehicles to the extent required by subsection (a) of Code Section 42-8-111 for a period of six months following issuance of the probationary license, and such person shall not during such six-month period drive any motor vehicle that is not so equipped, all as conditions of such probationary license. Following expiration of such six-month period with no violation of the conditions of the probationary license, the person may apply for a habitual violator probationary license without such ignition interlock device condition. (4) In any case where installation of an ignition interlock device is required, failure to show proof of such device shall be grounds for refusal of reinstatement of such license or issuance of such habitual violators probationary license or the immediate suspension or revocation of such license. (c) Each resident of this state who is required to have an ignition interlock device installed pursuant to this article shall report to the provider center every 30 days for the purpose of monitoring the operation of each required ignition interlock device. If at any time it is determined that a person has tampered with the device, the Department of Motor Vehicle Safety Driver Services shall be given written notice within five days by the probation officer, the court ordering the use of such device, or the interlock

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provider. If an ignition interlock device is found to be malfunctioning, it shall be replaced or repaired, as ordered by the court or the Department of Motor Vehicle Safety Driver Services, at the expense of the provider.
(d)(1) If a person required to report to an ignition interlock provider as required by subsection (c) of this Code section fails to report to the provider as required or receives an unsatisfactory report from the provider at any time during the six-month period, the Department of Motor Vehicle Safety Driver Services shall revoke such persons ignition interlock device limited driving permit immediately upon notification from the provider of the failure to report or failure to receive a satisfactory report. Except as provided in paragraph (2) of this subsection, within 30 days after such revocation, the person may make a written request for a hearing and remit to the department a payment of $250.00 for the cost of the hearing. Within 30 days after receiving a written request for a hearing and a payment of $250.00, the Department of Motor Vehicle Safety Driver Services shall hold a hearing as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded. (2) Any person whose ignition interlock device limited driving permit was revoked on or before July 1, 2004, for failure to report or failure to receive a satisfactory report may make a written request for a hearing and remit to the department a payment of $250.00 for the cost of the hearing. Within 30 days after receiving a written request for a hearing and a payment of $250.00, the Department of Motor Vehicle Safety Driver Services shall hold a hearing as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded. (3) If the hearing officer determines that the person failed to report to the ignition interlock provider for any of the reasons specified below, the Department of Motor Vehicle Safety Driver Services shall issue a new ignition interlock device limited driving permit that shall be valid for a period of six months to such person. Such reasons shall be for providential cause and include, but not be limited to, the following:
(A) Medical necessity, as evidenced by a written statement from a medical doctor; (B) The person was incarcerated; (C) The person was required to be on the job at his or her place of employment, with proof that the person would be terminated if he or she was not at work; or (D) The vehicle with the installed interlock device was rendered inoperable by reason of collision, fire, or a major mechanical failure. (4) If the hearing officer determines that the person failed to report to the ignition interlock provider for any reason other than those specified in paragraph (3) of this subsection, or if the person received an unsatisfactory report from the provider, after the expiration of 120 days the person may apply to the department and the department shall issue a new ignition interlock device limited driving permit to such person. (5) This subsection shall not apply to any person convicted of violating Code Section 42-8-118.

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SECTION 24-6. Said Chapter 8 of Title 42 is further amended by striking Code Section 42-8-115, relating to certification of ignition interlock devices, and inserting in its place a new Code section to read as follows:
42-8-115. (a) The commissioner of motor vehicle safety driver services or the commissioners designee shall certify ignition interlock devices required by this article and the providers of such devices and shall promulgate rules and regulations for the certification of said devices and providers. The standards for certification of such devices shall include, but not be limited to, those standards for such devices promulgated by the National Highway Traffic Safety Administration and adopted by rule or regulation of the Department of Motor Vehicle Safety Driver Services. (b) The commissioner of motor vehicle safety driver services may utilize information from an independent agency to certify ignition interlock devices on or off the premises of the manufacturer in accordance with rules and regulations promulgated pursuant to this article. The cost of certification shall be borne by the manufacturers of ignition interlock devices. (c) The commissioner of motor vehicle safety driver services shall adopt rules and regulations for determining the accuracy of and proper use of the ignition interlock devices in full compliance with this article. No model of ignition interlock device shall be certified unless it meets the accuracy requirements specified by such rules and regulations.
SECTION 24-7. Said Chapter 8 of Title 42 is further amended by striking Code Section 42-8-116, relating to warning labels affixed to ignition interlock devices, and inserting in its place a new Code section to read as follows:
42-8-116. The providers certified by the Department of Motor Vehicle Safety Driver Services shall design and adopt pursuant to regulations of the department a warning label which shall be affixed to each ignition interlock device upon installation. The label shall contain a warning that any person tampering, circumventing, or otherwise misusing the device is guilty of a misdemeanor and may be subject to civil liability.
SECTION 24-8. Said Chapter 8 of Title 42 is further amended by striking Code Section 42-8-117, relating to revocation of driving privilege upon violation of probation, and inserting in its place a new Code section to read as follows:
42-8-117. (a)(1) In the event the sentencing court finds that a person has violated the terms of probation imposed pursuant to subsection (a) of Code Section 42-8-111, the Department of Motor Vehicle Safety Driver Services shall revoke that persons driving privilege for one year from the date the court revokes that persons probation. The court shall report such probation revocation to the Department of Motor Vehicle

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Safety Driver Services by court order. (2) This subsection shall not apply to any person whose limited driving permit has been revoked under subsection (d) of Code Section 42-8-112. (b) In the event the sentencing court finds that a person has twice violated the terms of probation imposed pursuant to subsection (a) of Code Section 42-8-111 during the same period of probation, the Department of Motor Vehicle Safety Driver Services shall revoke that persons driving privilege for five years from the date the court revokes that persons probation for a second time. The court shall report such probation revocation to the Department of Motor Vehicle Safety Driver Services by court order.
PART XXV Amendments to Title 43. Professions and businesses.
SECTION 25-1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in Code Section 43-13-2, relating to definitions applicable to driver training instructors and schools, by striking paragraphs (1) through (4) and inserting in their place new paragraphs to read as follows:
(1)(2) 'Department' means the Department of Motor Vehicle Safety Driver Services acting directly or through its duly authorized officers and agents. (2)(3) 'Driver training schools' means any person, partnership, limited liability company, or corporation giving driving instruction for hire to ten or more persons per calendar year for the purpose of assisting such persons to meet the requirements for licensed driving of Class C or Class M motor vehicles in this state, except for motorcycle operator safety training programs conducted by or on behalf of the Department of Motor Vehicle Safety Driver Services pursuant to Chapter 15 of Title 40. (3)(1) 'Commercial driver training school' means any person, partnership, limited liability company, or corporation giving driving instruction for hire to ten or more persons per calendar year for the purpose of assisting such persons to meet the requirements for licensed driving of Class A or Class B motor vehicles in this state. (4) 'Drivers license examiners' means examiners appointed by the Department of Motor Vehicle Safety Driver Services for the purpose of giving drivers license examinations.
SECTION 25-2. Said Title 43 is further amended in Code Section 43-13-8, relating to rules, regulations, and penalties applicable to driver training instructors and schools, by striking subsection (a) and inserting in its place a new subsection to read as follows:
(a) The commissioner of motor vehicle safety driver services is authorized to prescribe, by rule, standards for the eligibility, conduct, equipment, and operation of driver training schools and instructors and commercial driver training schools and instructors and to adopt other reasonable rules and regulations to carry out this chapter.

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Notwithstanding the foregoing, violations that are minor in nature and committed by a person, firm, or corporation shall be punished only by a written reprimand unless the person, firm, or corporation fails to remedy the violation within 30 days, in which case an administrative fine, not to exceed $250.00, may be issued.
SECTION 25-3. Said Title 43 is further amended by striking Code Section 43-43-3, relating to duties of scrap metal processors with respect to motor vehicle titles and license plates, and inserting in its place a new Code section to read as follows:
43-43-3. Should a scrap metal processor be presented the certificate of title or vehicle license plate for any vehicle or scrap vehicle purchased, that scrap metal processor shall mail or deliver the same to the Department of Motor Vehicle Safety Revenue as required by law.
SECTION 25-4. Said Title 43 is further amended in Code Section 43-47-3, relating to the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, by striking paragraph (3) of subsection (a) and paragraphs (2) and (3) of subsection (d) and inserting in their respective places new paragraphs to read as follows:
(3) The state revenue commissioner of motor vehicle safety, or a designated agent, shall be a permanent ex officio member and shall be authorized to vote on all matters before the board; (2) The members of the used car division shall be the three independent used car dealers, two of the members from the public at large, the state revenue commissioner of motor vehicle safety or a designated agent, the administrator of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975,' or a designated agent, the representative of the automobile auction industry, and the pawnbroker. All powers and duties relating to used car dealers which are not specifically reserved to the board shall be assigned to the used car division. The used car division shall elect one of its members to serve as chairperson of the division for a period of one year. (3) The members of the used parts division shall be the third member from the public at large, the state revenue commissioner of motor vehicle safety or a designated agent, the auto salvage pool operator, the two used motor vehicle parts dealers who are not rebuilders, the rebuilder, and the representative of the automobile insurance industry. All powers and duties relating to used parts dealers which are not specifically reserved to the board shall be assigned to the used parts division. The used parts division shall elect one of its members to serve as chairperson of the division for a period of one year.
SECTION 25-5. Said Title 43 is further amended in Code Section 43-47-8, relating to licensing of used motor vehicle and used motor vehicle parts dealers, by striking subsection (d) and inserting in its place a new subsection to read as follows:
(d) Each division may require either that within the preceding year the applicant has

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attended a training and information seminar approved by the division or that the applicant has passed a test approved by the division and administered by the division director. Such seminar or test, if required, shall include, but shall not be limited to, dealer requirements of this chapter, including books and records to be kept; requirements of the Department of Motor Vehicle Safety and the Sales and Use Tax Division of the Department of Revenue; and such other information as in the opinion of the division will promote good business practices. No seminar shall exceed one day in length.
SECTION 25-6. Said Title 43 is further amended by striking Code Section 43-47-11.1, relating to dealer registration plates for used motor vehicle and used motor vehicle parts dealers, and inserting in its place a new Code section to read as follows:
43-47-11.1. As provided by law, every licensee who transfers a used motor vehicle title within this state shall register with the state revenue commissioner of motor vehicle safety, making application for a dealers registration plate. No person not licensed in accordance with this chapter shall be entitled to receive or use any dealers registration plates for motor vehicles under the motor vehicle laws of this state providing for the issuance of such plates.
SECTION 25-7. Said Title 43 is further amended by striking Code Section 43-47-15, relating to compliance with rules and regulations relating to wrecked and salvage motor vehicles, and inserting in its place a new Code section to read as follows:
43-47-15. Any licensee who purchases a wrecked or salvage motor vehicle or rebuilds a wrecked or salvage motor vehicle shall fully comply with Chapter 3 of Title 40, the 'Motor Vehicle Certificate of Title Act,' regarding titling and inspection of salvage and rebuilt vehicles, and shall comply with any rules and regulations adopted by the state revenue commissioner of motor vehicle safety pursuant to this chapter.
PART XXVI Amendments to Code Section 44-1-13. Removal of improperly parked cars or trespassing personal property.
SECTION 26-1. Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars or trespassing personal property, is amended by striking subsections (a) and (b) and inserting in their place new subsections to read as follows:
(a) As used in this Code section, the term: (1) 'Commission' means the Public Service Commission. (2) 'Private property' means any parcel or space of private real property.
(a.1) 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

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the right to remove or cause to be removed from the property any vehicle or trespassing personal property thereon which is not authorized to be at the place where it is found and to store or cause to be stored such vehicle or trespassing personal property, provided that there shall have been conspicuously posted on the private real property notice that any vehicle or trespassing personal property which is not authorized to be at the place where it is found may be removed at the expense of the owner of the vehicle or trespassing personal property. Such notice shall also include information as to the location where the vehicle or personal property can be recovered, the cost of said recovery, and information as to the form of payment; provided, however, that the owner of private residential private property containing not more than four residential units shall not be required to comply with the posting requirements of this subsection. Only towing and storage firms issued permits or licenses by the local governing authority of the jurisdiction in which they operate or by the Department of Motor Vehicle Safety commission, 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. (b) Except as provided in subsection (d) of this Code section, the Department of Motor Vehicle Safety, hereinafter referred to as the department, commission shall have the authorization to regulate and control the towing of trespassing vehicles on private property if such towing is performed without the prior consent or authorization of the owner or operator of the vehicle, including the authority to set just and reasonable rates, fares, and charges for services related to the removal, storage, and required notification to owners of such towed vehicles. No storage fees shall be charged for the first 24 hour period which begins at the time the vehicle is removed from the property, and no such fees shall be allowed for the removal and storage of vehicles removed by towing and storage firms found to be in violation of this Code section. The Department of Motor Vehicle Safety commission is authorized to impose a civil penalty for any violation of this Code section in an amount not to exceed $2,500.00.
PART XXVII Amendments to Chapter 45-9. Insuring and indemnification of public officers and employees.
SECTION 27-1. Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, is amended in Code Section 45-9-81, relating to definitions applicable to the indemnification fund for certain state employees, by striking paragraph (6) and inserting in its place a new paragraph to read as follows:
(6) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention,

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detection, or investigation of crime. Such term also includes the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have broken the conditions of supervision. Such term also includes law enforcement officers of the Department of Motor Vehicle Safety. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-2-3, who have been called into active state service by the Governor.
SECTION 27-2. Said Chapter 9 of Title 45 is further amended in Code Section 45-9-102, relating to definitions applicable to a temporary disability compensation program for certain state employees, by striking paragraph (6) and inserting in its place a new paragraph to read as follows:
(6) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes prison guards as defined under Code Section 45-9-81 and the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have broken the conditions of supervision and employees designated and delegated law enforcement powers by the commissioner of motor vehicle safety, which personnel have the duty to enforce the laws relating to motor carriers and the transportation of hazardous materials.
PART XXVIII Amendments to Title 46. Public utilities and public transportation.
SECTION 28-1. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended in Code Section 46-1-1, relating to definitions applicable to said title, by striking the following: paragraph (7); division (9)(C)(ii); divisions (9)(C)(x) through (9)(C)(xiii); paragraph (11); and paragraph (18) and inserting in their respective places new paragraphs and divisions to read as follows:
(7) 'Household goods' means any personal effects and property used or to be used in a dwelling when a part of the equipment or supplies of such dwelling and such other similar property as the commissioner of motor vehicle safety commission may

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provide for by regulation; provided, however, that such term shall not include property being moved from a factory or store except when such property has been purchased by a householder with the intent to use such property in a dwelling and such property is transported at the request of, and with transportation charges paid by, the householder.
(ii) Taxicabs, drays, trucks, buses, and other motor vehicles which operate within the corporate limits of municipalities and are subject to regulation by the governing authorities of such municipalities. This exception shall apply to taxicabs and buses even though such vehicles may, in the prosecution of their regular business, occasionally go beyond the corporate limits of such municipalities, provided that they do not operate to or from fixed termini outside of such limits and to any dray or truck which operates within the corporate limits of a city and is subject to regulation by the governing authority of such city or by the commissioner of motor vehicle safety and which goes beyond the corporate limits only for the purpose of hauling chattels which have been seized under any court process; (x) Motor vehicles engaged exclusively in the transportation of agricultural or dairy products, or both, between farm, market, gin, warehouse, or mill, whether such motor vehicle is owned by the owner or producer of such agricultural or dairy products or not, so long as the title remains in the producer. For the purposes of this division, the term 'producer' includes a landlord where the relations of landlord and tenant or landlord and cropper are involved. As used in this division, the term 'agricultural products' includes fruit, livestock, meats, fertilizer, wood, lumber, cotton, and naval stores; household goods and supplies transported to farms for farm purposes; or other usual farm and dairy supplies, including products of grove or orchard; poultry and eggs; fish and oysters; and timber or logs being hauled by the owner thereof or the owners agents or employees between forest and mill or primary place of manufacture; provided, however, motor vehicles with a manufacturers gross weight rated capacity of 44,000 pounds or more engaged solely in the transportation of unmanufactured forest products shall be subject to the Georgia Forest Products Trucking Rules which shall be adopted and promulgated by the commissioner of motor vehicle public safety only for application to such vehicles and vehicles defined in subparagraph (A) of paragraph (13) of this Code section; provided, further, that pulpwood trailers and pole trailers with a manufacturers gross weight rated capacity of 10,001 pounds or more engaged solely in the transportation of unmanufactured forest products shall have two amber side marker reflectors on each side of the trailer chassis between the rear of the tractor cab and the rearmost support for the load. All such reflectors shall be not less than four inches in diameter. Such rules and any amendments thereto adopted by the commissioner of motor vehicle public safety shall be subject to legislative review in accordance with the provisions of Code Section 46-2-30, and, for the purposes of such rules and any amendments thereto, the Senate Natural Resources and the Environment Committee and the

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House Committee on Natural Resources and Environment shall be the appropriate committees within the meaning of said Code Section 46-2-30. The first such rules adopted by the commissioner of motor vehicle public safety shall be effective July 1, 1991; (xi) Reserved; (xii) Reserved; Motor vehicles engaged in compensated intercorporate hauling whereby transportation of property is provided by a person who is a member of a corporate family for other members of such corporate family, provided:
(I) The parent corporation notifies the commissioner of motor vehicle safety of its intent or the intent of one of the subsidiaries to provide the transportation; (II) The notice contains a list of participating subsidiaries and an affidavit that the parent corporation owns directly or indirectly a 100 percent interest in each of the subsidiaries; (III) A copy of the notice is carried in the cab of all vehicles conducting the transportation; and (IV) The transportation entity of the corporate family registers the compensated intercorporate hauling operation with the commissioner of motor vehicle safety, registers and identifies any of its vehicles, and becomes subject to the commissioners liability insurance and motor common carrier and motor contract carrier and hazardous materials transportation rules. For the purpose of this division, the term 'corporate family' means a group of corporations consisting of a parent corporation and all subsidiaries in which the parent corporation owns directly or indirectly a 100 percent interest; (xiii) Vehicles, except limousines, transporting not more than ten persons for hire, except that any operator of such a vehicle is required to register the exempt operation with the state revenue commissioner of motor vehicle safety, register and identify any of its vehicles, and become subject to the state revenue commissioners liability insurance and vehicle safety rules; (11) 'Permit' means a registration permit issued by the commissioner of motor vehicle safety state revenue commissioner authorizing interstate transportation for hire exempt from the jurisdiction of the United States Department of Transportation or intrastate passenger transportation for hire exempt from the jurisdiction of the state revenue commissioner of motor vehicle safety or intrastate transportation by a motor carrier of property. (18) 'Vehicle' or 'motor vehicle' means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof, determined by the Department of Motor Vehicle Safety state revenue commissioner.
SECTION 28-2. (a) Said Title 46 is further amended by striking Code Section 46-7-1, relating to definitions applicable to motor carriers, and inserting in its place a new Code section to read as follows:

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46-7-1. As used in this chapter, the term:(1) 'Commissioner' means the commissioner of motor vehicle safety 'commission' means the Public Service Commission.
(2) 'Department' means the Department of Motor Vehicle Safety. (b) Said Title 46 is further amended throughout Chapter 7, relating to motor carriers and limousine carriers, by striking the term "commissioner" each place it appears in said chapter in a Code section not otherwise amended by this Act and inserting in each such place the term "commission". (c) Said Title 46 is further amended in said Chapter 7 by striking the terms "his or her" and "he or she" and inserting respectively "its" and "it" in the following Code sections:
(1) Code Section 46-7-4, relating to issuance of certificates of authority; (2) Code Section 46-7-7, relating to determination of issuance of certificates; (3) Code Section 46-7-13, relating to temporary emergency operating authority; and (4) Code Section 46-7-33, relating to administrative proceedings.
SECTION 28-2.1. Said Title 46 is further amended by striking Code Section 46-7-12, relating to bond and insurance requirements, and inserting in its place new Code Sections 46-7-12 and 46-712.1 to read as follows:
46-7-12. (a) No certificate or permit motor carrier of household goods or passengers shall be issued or continued in operation a certificate unless there is filed with the commissioner commission a certificate of insurance for such applicant or holder on forms prescribed by the commissioner commission evidencing a policy of indemnity insurance in some indemnity by an insurance company authorized licensed to do business in this state, which policy must provide for the protection, in case of passenger vehicles, of passengers and baggage carried and of the public against injury proximately caused by the negligence of such motor common carrier or motor contract carrier, its servants, or its agents; and, in the case of vehicles transporting freight household goods, to secure the owner or person entitled to recover therefor against loss or damage to such freight household goods for which the motor common carrier or motor contract carrier may be legally liable and for the protection of the public against injuries proximately caused by the negligence of such motor common carrier or motor contract carrier, its servants, or its agents. The commissioner. The commission shall determine and fix the amounts of such indemnity insurance and shall prescribe the provisions and limitations thereof; and such insurance shall be for the benefit of and subject to action by any person who shall sustain injury or loss protected thereby. Such certificate shall be filed by the insurer. The insurer shall file such certificate. The failure to file any form required by the commissioner commission shall not diminish the rights of any person to pursue an action directly against a motor common carriers or motor contract carriers insurer. (b) The commissioner commission shall have power to permit self-insurance, in lieu of a policy of indemnity insurance, whenever in his or her its opinion the financial ability of the motor common carrier or motor contract carrier so warrants.

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(c) It shall be permissible under this article for any person having a cause of action arising under this article to join in the same action the motor common carrier or motor contract carrier and the insurance carrier, whether arising in tort or contract.
46-7-12.1. (a) No motor common carrier or motor contract carrier shall be issued a permit unless there is filed with the state revenue commissioner a certificate of insurance for such applicant or holder on forms prescribed by the commissioner evidencing a policy of indemnity insurance by an insurance company licensed to do business in this state, which policy must provide for the protection of passengers in the case of passenger vehicles and for protection of the public against injury proximately caused by the negligence of such motor common or motor contract carrier, its servants, or its agents. The state revenue commissioner shall determine and fix the amounts of such indemnity insurance and shall prescribe the provisions and limitations thereof. The insurer shall file such certificate. The failure to file any form required by the state revenue commissioner shall not diminish the rights of any person to pursue an action directly against a motor common or motor contract carriers insurer. (b) The state revenue commissioner shall have power to permit self-insurance, in lieu of a policy of indemnity insurance, whenever in his or her opinion the financial ability of the motor common or motor contract carrier so warrants. (c) It shall be permissible under this article for any person having a cause of action arising under this article to join in the same action the motor common or motor contract carrier and the insurance carrier, whether arising in tort or contract.
SECTION 28-3. Said Title 46 is further amended by striking Code Section 46-7-15, relating to registration and licensing of carriers, Code Section 46-7-15.1, relating to permits for carriers of property, Code Section 46-7-16, relating to certain permitting and registration of certain types of carriers, and 46-7-17, relating to designation and maintenance of agents for service on nonresident carriers, and inserting in their place new Code sections to read as follows:
46-7-15. (a) Except as otherwise provided in this Code section, before any motor common or contract carrier engaged in exempt passenger intrastate commerce as provided for in subparagraph (C) of paragraph (9) of Code Section 46-1-1 shall operate any motor vehicle on or over any public highway of this state, it shall first secure a registration permit from the state revenue commissioner by making application therefor on forms supplied by the state revenue commissioner and paying a $25.00 filing fee. The application shall show the operations claimed to be exempt. A carriers registration permit shall be valid so long as there is no change in its operating authority but may be amended to reflect any changes by application to the state revenue commissioner on a form provided by the state revenue commissioner and payment of a $5.00 filing fee. (b) Every motor common or contract carrier operating pursuant to a certificate or

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permit shall annually on or before the thirty-first day of December of each calendar year, but not earlier than the preceding first day of October or, as to a vehicle put into use during the course of the year, before the vehicle is put into use, make application to the state revenue commissioner for the issuance of an annual identification and registration stamp or stamps, make application for the registration of all motor vehicles to be operated under such certificate or permit, in such manner and form as the state revenue commissioner may by rule or regulation prescribe, and shall pay to the state revenue commissioner a fee of $5.00 for the registration of each vehicle and issuance of identification and registration stamp to operate same. Each annual identification and registration stamp shall be valid for a period of 16 months extending from the first day of October of any year through the thirty-first day of January of the next succeeding year. (c) Motor carriers operating pursuant to a certificate or permit as provided for in this article may, in lieu of other vehicle registration provisions contained in this Code section, register vehicles operated as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the state revenue commissioner of a fee of $8.00 for each vehicle so registered. Upon such registration, the state revenue commissioner shall issue an emergency, temporary, or trip-lease vehicle registration permit. (d) Whenever any motor vehicle is operated on or over any public highway of this state without the motor common or contract carrier operating such vehicle first having obtained the annual registration and license or temporary vehicle registration permit provided for in this Code section, the motor common or contract carrier operating such vehicle shall be required to pay a fee of $25.00 for the late registration of such vehicle. (e) No subdivision of this state, including cities, townships, or counties, shall levy any excise, license, or occupation tax of any nature on a motor common or contract carrier, or on the equipment of a motor common or contract carrier, or on the right of a motor common or contract carrier to operate such equipment, or on any incidents of the business of a motor common or contract carrier.
46-7-15.1. (a) Before any motor carrier of property shall operate any motor vehicle on or over any public highway of this state, it shall first secure a motor carrier of property permit from the state revenue commissioner by making application therefor on forms supplied by the state revenue commissioner and paying the required a $50.00 filing fee. The application shall be in writing and under oath and shall include such information as the state revenue commissioner may require including, but not limited to:
(1) Whether hazardous commodities materials will be transported; (2) The number and type of vehicles to be utilized; (3) The carriers safety record and safety rating; and (4) Proof of compliance with applicable insurance or self-insurance requirements; and (5) Evidence that the carriers representative or representatives have completed an

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educational seminar on motor carrier operations and applicable safety regulations which has been certified by the state revenue commissioner. (b) The state revenue commissioner shall issue the motor carrier of property permit if the application is complete and the applicant demonstrates compliance with the laws of this state and the rules and regulations of the commissioner regarding insurance and safety, including the handling of hazardous materials. The state revenue commissioner may refuse to issue a permit where the applicant has failed to show compliance with the applicable laws of this state and the rules and regulations of the commissioner. In any such instance where a permit is denied, the applicant shall, upon request made within 30 days of the date of denial, be entitled to a hearing to contest such denial of a permit. (c) The state revenue commissioner may, at any time after notice and a hearing, suspend, revoke, alter, or amend any permit issued under this title if it shall appear that the holder of the permit has violated or refused to observe any of the lawful and reasonable orders, rules, or regulations prescribed by the state revenue commissioner, any provisions of this title, or any other law of this state regulating or providing for the taxation of motor vehicles.
46-7-16. (a) Before any motor carrier engaged solely in interstate commerce under authority issued by the Interstate Commerce Commission or any successor agency shall operate any motor vehicle on or over any public highway of this state, it shall obtain from the state revenue commissioner or the carriers designated base state a registration receipt issued pursuant to rules adopted by the Interstate Commerce Commission or any successor agency as determined by federal law. (b) Before any motor carrier engaged solely in interstate operations exempt from regulation by the Interstate Commerce Commission or any successor agency shall operate any motor vehicle on or over any public highway of this state, it shall first:
(1) Secure a registration permit from the state revenue commissioner by making application therefor on forms supplied by the state revenue commissioner and paying a $25.00 filing fee. A carriers registration shall be valid so long as there is no change in its operating authority with regard to its operations in this state, but the registration may be amended to reflect such changes by application to the state revenue commissioner on forms supplied by the state revenue commissioner and payment of a $5.00 filing fee; (2) Annually on or before the thirty-first day of December of each calendar year, but not earlier than the preceding first day of October or, as to a vehicle put into use during the course of the year, before the vehicle is put into use, make application to the state revenue commissioner for the issuance of an annual identification and registration stamp or stamps, make application for the registration of all motor vehicles to be operated under such permit, in such manner and form as the state revenue commissioner may by rule or regulation prescribe, and shall pay to the state revenue commissioner a fee of $5.00 for the registration of each vehicle and issuance of identification and registration stamp to operate same. Each annual identification

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and registration stamp shall be valid for a period of 16 months extending from the first day of October of any year through the thirty-first day of January of the next succeeding year. Notwithstanding any other provision of this Code section, the state revenue commissioner is authorized to impose a vehicle identification and registration fee equal to the identification and registration fee charged by any other state, up to a maximum of $25.00, upon vehicles licensed in that state if such state charges equipment licensed in Georgia a vehicle identification and registration fee in excess of $5.00; and (3) Give the bond or indemnity insurance prescribed by this article, omitting the protection in respect to their own passengers and cargoes. (c) Motor carriers operating pursuant to a registration permit as provided for in this Code section may, in lieu of all other registration and identification requirements contained in subsection (b) of this Code section, register vehicles operated in Georgia as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the state revenue commissioner of a fee of $8.00 for each vehicle so registered; and upon such payment, the state revenue commissioner shall issue an emergency, temporary, or trip-lease vehicle registration permit. (d) Where a carrier has not previously qualified with the state revenue commissioner to operate in interstate exempt or intrastate commerce in Georgia pursuant to this Code section and thus has not secured a registration permit pursuant to this Code section, the emergency, temporary, or trip-lease vehicle registration permit provided for in subsection (c) of this Code section will also include the authority to operate in Georgia during the 15 day or less period covered by the emergency, temporary, or trip-lease vehicle registration permit, provided that the carrier has otherwise qualified its operations with the state revenue commissioner as provided for in this Code section; provided, however, that whenever any motor vehicle is operated on or over any public highway of this state without the motor carrier operating such vehicle first having obtained the annual registration and identification stamp or license or the emergency, temporary, or trip-lease vehicle registration permit provided for in this Code section, the motor carrier operating such vehicle shall be required to pay a fee of $25.00 for the late registration and identification of such vehicle. (e) Reserved. (f) It shall not be necessary for any motor carrier to obtain a certificate permit from the state revenue commissioner when such carrier is engaged solely in interstate commerce over the public highways of this state.
46-7-17. (a) Each nonresident motor common or contract carrier shall, before any certificate or permit is issued to it under this article or at the time of registering as required by Code Section 46-7-16, designate and maintain in this state an agent or agents upon whom may be served all summonses or other lawful processes in any action or proceeding against such motor carrier growing out of its carrier operations; and service of process upon or acceptance or acknowledgment of such service by any such agent shall have

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the same legal force and validity as if duly served upon such nonresident carrier personally. Such designation shall be in writing, shall give the name and address of such agent or agents, and shall be filed in the office of the state revenue commissioner. Upon failure of any nonresident motor carrier to file such designation with the state revenue commissioner or to maintain such an agent in this state at the address given, such nonresident carrier shall be conclusively deemed to have designated the Secretary of State and his or her successors in office as such agent; and service of process upon or acceptance or acknowledgment of such service by the Secretary of State shall have the same legal force and validity as if duly served upon such nonresident carrier personally, provided that notice of such service and a copy of the process are immediately sent by registered or certified mail or statutory overnight delivery by the Secretary of State or his or her successor in office to such nonresident carrier, if its address be known. Service of such process upon the Secretary of State shall be made by delivering to his or her office two copies of such process with a fee of $10.00. (b) Except in those cases where the Constitution of Georgia requires otherwise, any action against any resident or nonresident motor common or contract carrier for damages by reason of any breach of duty, whether contractual or otherwise, or for any violation of this article or of any order, decision, rule, regulation, direction, demand, or other requirement established by the state revenue commissioner, may be brought in the county where the cause of action or some part thereof arose; and if the motor common or contract carrier or its agent shall not be found for service in the county where the action is instituted, a second original may issue and service be made in any other county where the service can be made upon the motor common or contract carrier or its agent. The venue prescribed by this Code section shall be cumulative of any other venue provided by law.
SECTION 28-4. Said Title 46 is further amended by striking Code Section 46-7-23, relating to examination of records of carriers, and inserting in its place a new Code section to read as follows:
46-7-23. The commissioner commission shall prescribe the books and the forms of accounts to be kept by the holders of certificates under this article, which books and accounts shall be preserved for such reasonable time as may be prescribed by the commissioner commission. The books and records of every certificate holder shall be at all times open to the inspection of the commissioner or any agent of the department commission for such purpose. The commissioner commission shall have the power to examine the books and records of all motor carriers to whom he or she it has granted certificates or permits to operate under this article and to examine under oath the officers and agents of any motor carrier with respect thereto.
SECTION 28-5. Said Title 46 is further amended by striking Code Section 46-7-26, relating to rules and

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regulations for the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials, and inserting in its place a new Code section to read as follows:
46-7-26. (a) The commissioner of public safety shall have the authority to promulgate rules and regulations for the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials. Any such rules and regulations promulgated or deemed necessary by the commissioner of public safety shall include the following:
(1) Every motor vehicle and all parts thereof shall be maintained in a safe condition at all times; and the lights, brakes, and equipment shall meet such safety requirements as the commissioner of public safety shall from time to time promulgate. Specifically but without limitation, the commissioner shall promulgate rules or regulations for the safe operation of trailers or semitrailers effective on and after July 1, 2000, consistent with the applicable provisions of Code Section 40-8-50; (2) Every driver employed to operate a motor vehicle for a motor common or contract carrier shall be at least 18 years of age, of temperate habits and good moral character, possess a valid drivers license, not use or possess prohibited drugs or alcohol while on duty, and shall be fully competent to operate the motor vehicle under his or her charge; (3) Accidents arising from or in connection with the operation of motor common or contract carriers shall be reported to the commissioner of transportation in such detail and in such manner as the commissioner of transportation may require; and (4) The commissioner of public safety shall require every motor common and contract carrier to have attached to each unit or vehicle such distinctive markings or tags as shall be adopted by the commissioner of public safety. (b) Regulations governing the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials may be adopted by administrative order referencing compatible federal regulations or standards without compliance with the procedural requirements of Chapter 13 of Title 50, provided that such compatible federal regulations or standards shall be maintained on file by the Department of Public Safety and made available for inspection and copying by the public, by means including but not limited to posting on the departments computer Internet site. (c) The commissioner of public safety may pursuant to rule or regulation specify and impose civil monetary penalties for violations of laws, rules, and regulations relating to driver and motor carrier safety and transportation of hazardous materials. Except as may be hereafter authorized by law, the maximum amount of any such monetary penalty shall not exceed the maximum penalty authorized by law or rule or regulation for the same violation immediately prior to July 1, 2005.
SECTION 28-5.1. Said Title 46 is further amended by striking Code Section 46-7-27, relating to adoption of regulations, and inserting in its place a new Code section to read as follows:
46-7-27.

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The commissioner is Public Service Commission, Department of Public Safety, and Department of Revenue are authorized to adopt such rules and orders as he or she they may deem necessary in the enforcement of this article chapter. Such rules and orders so approved by the commissioner shall have the same dignity and standing as if such rules and orders were specifically provided in this article chapter.
SECTION 28-5.2. Said Title 46 is further amended by striking Code Section 46-7-39, relating to criminal penalties, and inserting in its place a new Code section to read as follows:
46-7-39. Every officer, agent, or employee of any corporation and every person who violates or fails to comply with this article chapter relating to the regulation of motor carriers, or any order, rule, or regulation of the commissioner Public Service Commission, Department of Public Safety, or Department of Revenue, or who procures, aids, or abets therein, shall be guilty of a misdemeanor.
SECTION 28-6. Said Title 46 is further amended by striking Article 3 of Chapter 7, relating to limousine carriers, and inserting in its place a new article to read as follows:
ARTICLE 3 46-7-85.1. As used in this article, the term:
(1) 'Certificate' means a certificate issued by the commissioner commission. (2) 'Chauffeur' means any person with a Georgia state drivers license who meets the qualifications as prescribed in Code Section 46-7-85.10 and who is authorized by the commissioner of driver services to drive a limousine under this article. (3) 'Commissioner' means the commissioner of motor vehicle safety. 'Commission' means the Public Service Commission. (3.1) 'Department' means the Department of Motor Vehicle Safety. (4) 'Limousine' means any motor vehicle that meets the manufacturers specifications for a luxury limousine with a designed seating capacity for no more than ten passengers and with a minimum of five seats located behind the operator of the vehicle, and which does not have a door at the rear of the vehicle designed to allow passenger entry or exit; further, no vehicle shall be permitted to be operated both as a taxicab and a limousine. (5) 'Limousine carrier' means any person operating a service regularly rendered to the public by furnishing transportation as a motor common carrier for hire, not over fixed routes, by means of limousines, or extended limousines, on the basis of telephone contract or written contract. (6) 'Person' means any individual, firm, partnership, corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof.

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(7) 'Public highway' means every public street, road, or highway in this state.
46-7-85.2. No limousine carrier shall operate any limousine for the transportation of passengers for compensation on any public highway in this state except in accordance with the provisions of this article.
46-7-85.3. No person may engage in the business of a limousine carrier over any public highway in this state without first having obtained from the commissioner commission a certificate to do so.
46-7-85.4. (a) The commissioner commission shall prescribe the form of the application for the certificate and shall prescribe such reasonable requirements as to notice, publication, proof of service, maintenance of adequate liability insurance coverage, and information as may, in his or her its judgment, be necessary and may establish fees as part of such certificate process. (b) A certificate shall be issued to any qualified applicant, provided that such applicant is a limousine carrier business domiciled in this state, authorizing the operations covered by the application if it is found that the applicant is fit, willing, and able to perform properly the service and conform to the provisions of this article and the rules and regulations of the commissioner commission and has not been convicted of any felony as such violation or violations are related to the operation of a motor vehicle.
46-7-85.5. (a) It shall be the duty of the commissioner commission to regulate limousine carriers with respect to the safety of equipment. (b) The department commission shall require safety and mechanical inspections at least on an annual basis for each vehicle owned and operated by a limousine carrier. The commissioner commission shall provide, by rule or regulation, for the scope of such inspections, the qualifications of persons who may conduct such inspections, and the manner by which the results of such inspections shall be reported to the department commission.
46-7-85.6. No certificate issued under this article may be leased, assigned, or otherwise transferred or encumbered unless authorized by the commissioner commission.
46-7-85.7. The commissioner commission may cancel, revoke, or suspend any certificate issued under this article on any of the following grounds:
(1) The violation of any of the provisions of this article;

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(2) The violation of an order, decision, rule, regulation, or requirement established by the commissioner commission pursuant to this article; (3) Failure of a limousine carrier to pay a fee imposed on the carrier within the time required by law or by the commissioner commission; (4) Failure of a limousine carrier to maintain required insurance in full force and effect; and (5) Failure of a limousine carrier to operate and perform reasonable services.
46-7-85.8. After the cancellation or revocation of a certificate or during the period of its suspension, it is unlawful for a limousine carrier to conduct any operations as such a carrier.
46-7-85.9. Pursuant to rules and regulations prescribed by the commissioner of driver services, each chauffeur employed by a limousine carrier shall register with the commissioner and secure from the Department of Driver Services a permit as a limousine chauffeur. A chauffeurs permit issued under this subsection Code section shall be upon a form prescribed by the commissioner of driver services and shall bear thereon a distinguishing number assigned to the permittee, the full name and a photograph of the permittee, and such other information or identification as is required by the commissioner of driver services. Every chauffeur employed by a limousine carrier shall have his or her chauffeurs permit in his or her immediate possession at all times while operating a limousine. All applications for a chauffeurs permit shall be accompanied by such fee as the commissioner of driver services shall prescribe. The chauffeurs permit shall be valid for four calendar years. The commissioner Department of Driver Services may issue a chauffeurs permit by mail.
46-7-85.10. In order to secure a chauffeurs permit, an applicant must provide the following information on a form provided by the commissioner of driver services. The applicant must:
(1) Be at least 18 years of age; (2) Possess a valid Georgia drivers license which is not limited as defined in Code Section 40-5-64; and
(3)(A) Not have been convicted, been on probation or parole, or served time on a sentence for a period of five years previous to the date of application for the violation of any of the following criminal offenses of this state or any other state or of the United States: criminal homicide, rape, aggravated battery, mayhem, burglary, aggravated assault, kidnapping, robbery, driving a motor vehicle while under the influence of intoxicating beverages or drugs, child molestation, any sex related offense, leaving the scene of an accident, criminal solicitation to commit any of the above, any felony in the commission of which a motor vehicle was used,

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perjury or false swearing in making any statement under oath in connection with the application for a chauffeurs permit, any law involving violence or theft, or possession, sale, or distribution of narcotic drugs, barbituric acid derivatives, or central nervous system stimulants; provided, however, that all applicants shall be entitled to the full benefits of Article 3 of Chapter 8 of Title 42, relating to first offender probation. (B) If at the time of application the applicant is charged with any of the offenses described in subparagraph (A) of this paragraph, consideration of the application shall be suspended until entry of a plea or verdict or dismissal. (C) If after the issuance of a permit a person is charged with any of the offenses described in subparagraph (A) of this paragraph, the permit shall be suspended pending disposition of such charge. If the person is convicted of such charge, the permit shall be revoked. (D) For purposes of this paragraph, a plea of nolo contendere to any of the offenses set out in this paragraph shall constitute a conviction.
46-7-85.11. The State of Georgia fully occupies and preempts the entire field of regulation over limousine carriers as regulated by this article; provided, however, that the governing authority of any county or municipal airport shall be authorized to permit any limousine carrier doing business at any such airport and may establish fees as part of such permitting process; provided, further, that counties and municipalities may enact ordinances and regulations which require limousine carriers which are domiciled within their boundaries to pay business license fees.
46-7-85.12. A limousine carrier operating under a certificate issued by the commissioner commission shall be required to file with the commissioner commission a tariff of rates and charges.
46-7-85.13. Before the commissioner commission shall enter any order, regulation, or requirement directed against any limousine carrier, such carrier shall first be given reasonable notice and an opportunity to be heard on the matter.
46-7-85.14. Reserved. A limousine carrier may obtain a temporary permit for a period of 21 consecutive days beginning and ending on the dates specified on the face of the permit. Temporary permits shall be obtained by limousine carriers which make only infrequent trips within and through this state. The fee for each temporary certificate shall be $100.00 per week and $20.00 for each vehicle. No temporary permit shall be issued without the commissioner having first received satisfactory proof that the carrier meets the insurance requirements of the rules and regulations of the commissioner. A

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temporary permit shall be carried in the motor vehicle for which it was issued at all times such vehicle is in this state. The commissioner may issue a temporary permit by facsimile message or letter. Any chauffeur operating a limousine under a temporary permit issued pursuant to this Code section shall be required to obtain a chauffeurs permit.
46-7-85.15. Each limousine carrier which registers any vehicle under this article shall, for each such certificated vehicle, affix to the center of the front bumper of each such certificated vehicle a standard size license plate bearing the following information: (1) limousine company name, (2) city and state of principal domicile, (3) company telephone number, and (4) the vehicle classification, IE-1. The cost for such license plate shall be the sole responsibility of the limousine carrier and must be placed on each certificated vehicle prior to said vehicle being placed in service and no later than May 1, 1994, for all such vehicles currently owned and to be registered and operated by a limousine carrier.
46-7-85.16. Reserved.
46-7-85.17. The commissioner commission shall promulgate such rules and regulations as are necessary to effectuate and administer the provisions of this article.
SECTION 28-7. Said Title 46 is further amended by striking Code Section 46-11-2, relating to purpose of the law relating to transportation of hazardous materials, and inserting in its place a new Code Section to read as follows:
46-11-2. The General Assembly finds that the transportation of hazardous materials on the public roads of this state presents a unique and potentially catastrophic hazard to the public health, safety, and welfare of the people of Georgia and that the protection of the public health, safety, and welfare requires control and regulation of such transportation to minimize that hazard; to that end this chapter is enacted. The Department of Motor Vehicle Public Safety is designated as the agency to implement this chapter.
SECTION 28-8. Said Title 46 is further amended in Code Section 46-11-3, relating to definitions applicable to transportation of hazardous materials, by striking paragraph (2) and inserting in its place a new paragraph to read as follows:
(2) 'Commissioner' means the commissioner of motor vehicle safety public safety.
SECTION 28-9. Said Title 46 is further amended in Code Section 46-11-4, relating to regulation of

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transportation of hazardous materials, by striking subsection (f) and inserting in its place a new subsection to read as follows:
(f) Every such permit shall be carried in the vehicles or combination of vehicles to which it refers and shall be open to inspection by any law enforcement officer or employee of the Department of Motor Vehicle Safety who has been given enforcement authority by the commissioner.
SECTION 28-10. Said Title 46 is further amended by striking Code Section 46-11-5, relating to rules for the transportation of hazardous materials, and inserting in its place a new Code section to read as follows:
46-11-5. (a) The commissioner is authorized and empowered to adopt, promulgate, amend, repeal, or modify such standards, rules, and regulations and to issue such orders, authorizations, or amendments or modifications thereof as are necessary to implement this chapter. Any standards, rules, or regulations adopted pursuant to this chapter, if consistent with the applicable laws relating to adoption of such standards, rules, or regulations, shall have the force and effect of law.
(b)(1) As used in this subsection, the term 'anhydrous ammonia' means any substance identified to contain the compound ammonia which is capable of being utilized in the production of methamphetamine or any other controlled substance. (2) Any person, firm, or corporation transporting methamphetamine, amphetamine, any mixture containing either methamphetamine or amphetamine, anhydrous ammonia, or any mixture containing anhydrous ammonia shall be subject to all rules and regulations promulgated by the commissioner pursuant to this chapter governing the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials. (3) Notwithstanding any other provision of law, the commissioner may impose civil monetary penalties in an amount not to exceed $25,000.00 for each violation of any rules and regulations promulgated pursuant to this chapter or Code Section 46-7-26 with respect to persons transporting methamphetamine, amphetamine, any mixture containing either methamphetamine or amphetamine, anhydrous ammonia, or any mixture containing anhydrous ammonia.
SECTION 28-11. Said Title 46 is further amended by striking Code Section 46-11-6, relating to enforcement concerning hazardous materials transportation, and inserting in its place a new Code section to read as follows:
46-11-6. (a) The commissioner is authorized to employ such persons as may be necessary, in the discretion of the commissioner, for the proper enforcement of this chapter, the salaries for such employees to be fixed by the commissioner. (b) The commissioner is vested with police powers and authority to designate, deputize, and delegate to employees of the Department of Motor Vehicle Public Safety

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the necessary authority to enforce this chapter, including the power to stop and inspect all motor vehicles using the public highways for purposes of determining whether such vehicles have complied with and are complying with the provisions of this chapter and all other laws regulating the use of the public highways by motor vehicles, and to arrest all persons found in violation thereof.
PART XXIX Amendments to Title 48.
Revenue and taxation.
SECTION 29-1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-5-126.1, relating to training classes for county tax collectors and tax commissioners, by striking subsections (b) through (g) and inserting in their place new subsections to read as follows:
(b) In the event a county tax collector or tax commissioner who has never served in such office prior to January 1, 1982, assumes the office during a regular term of office, such local tax official shall be required to obtain special training and instruction from the Department of Motor Vehicle Safety and the Property Tax Division of the Department of Revenue in lieu of the training requirements of subsection (a) of this Code section. (c) Beginning January 1, 2005, each county tax collector or tax commissioner shall be required to attend 15 hours of training classes on county tax administration, property taxation, motor vehicle titling and registration, or related matters during each year of service as a county tax collector or tax commissioner. For the purposes of satisfying the requirements of this subsection, credit will be given for attendance of the county taxation seminar conducted by the University of Georgia under the supervision of the Georgia Center for Continuing Education or any seminar conducted by the Department of Revenue, the Department of Motor Vehicle Safety, the Georgia Association of Tax Officials, or other similarly qualified organization of affiliated tax officials, or certain management, supervisory, leadership, or accounting seminars that qualify for continuing education credits. This training shall be generally devoted to contemporary business and taxation practices and shall be germane to the duties and operational functions of the office of county tax collector or tax commissioner. This subsection shall not apply to a county tax collector or tax commissioner who is serving the first year of such officials initial term of office. (d) The costs of attending the training classes required by this Code section shall be met by the payment of registration fees by each local tax official attending such classes. Each local tax official shall be reimbursed by such officials county for the amount of such fees and related travel expenses. (e) The instructors for the training classes required by this Code section shall consist of representatives of the Department of Revenue, the Department of Motor Vehicle Safety, the Georgia Association of Tax Officials or other similarly qualified

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organization of affiliated tax officials, the Georgia Center for Continuing Education, or any other qualified persons with expertise in the field of county tax administration, property taxation, motor vehicle titling and registration, or related matters. (f) The commissioners of the Department of Revenue and the Department of Motor Vehicle Safety state revenue commissioner may adopt and enforce reasonable rules and regulations governing the establishment and administration of the training classes provided for by this Code section. (g) The commissioners of the Department of Revenue and the Department of Motor Vehicle Safety are state revenue commissioner is authorized to work with officials and personnel of the Georgia Center for Continuing Education in establishing the training classes to be held at that institution."
SECTION 29-2. Said Title 48 is further amended by striking Code Section 48-5-474, relating to return of motor vehicles for ad valorem taxation, and inserting in its place a new Code section to read as follows:
48-5-474. The application for registration of a motor vehicle and for the purchase of a license plate for the motor vehicle shall constitute the return of that motor vehicle for ad valorem taxation but only if ad valorem taxes are due at the time of registration. The state revenue commissioner and the commissioner of motor vehicle safety are is directed to jointly prescribe a form for the application for registration which shall provide the information needed by the tax commissioner or tax collector in determining the amount of taxes due under this article.
SECTION 29-3. Said Title 48 is further amended by striking Code Section 48-5-475, relating to sale of motor vehicle license plates, and inserting in its place a new Code section to read as follows:
48-5-475. All original motor vehicle license plates shall be sold by the tax collector or tax commissioner of the several counties. Such officials are designated as agents of the state revenue commissioner of motor vehicle safety for the purpose of accepting applications for the registration of motor vehicles and as agents of the state revenue commissioner for purposes of collecting ad valorem taxes in connection with the registration of motor vehicles. The duties and responsibilities incident to the exercise of this designation shall be a part of the official duties and responsibilities of the various tax collectors and tax commissioners.
SECTION 29-4. Said Title 48 is further amended in Code Section 48-7-29.5, relating to income tax credits for driver education expenditures, by striking subsection (a) and inserting in its place a new subsection to read as follows:

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(a) A taxpayer shall be allowed a credit against the tax imposed by Code Section 48-720 with respect to the amount expended by such taxpayer for a completed course of driver education for a dependent minor child of such taxpayer at a private driver training school licensed by the Department of Motor Vehicle Safety Driver Services under Chapter 13 of Title 43, 'The Driver Training School License Act,' except as otherwise provided by this Code section. The amount of such tax credit per dependent minor child of a taxpayer shall be the actual amount expended for such course, or $150.00, whichever is less.
SECTION 29-5. Said Title 48 is further amended in Code Section 48-7-40.16, relating to income tax credits for low-emission vehicles, by striking paragraph (6) of subsection (a) and inserting in its place a new paragraph to read as follows:
(6) 'Motor vehicle' means any self-propelled vehicle designed for transporting persons or property on a street or highway that is registered by the Department of Motor Vehicle Safety Revenue, except vehicles that are defined as 'low-speed vehicles' in paragraph (25.1) of Code Section 40-1-1.
SECTION 29-6. Said Title 48 is further amended in Code Section 48-8-3, relating to exemptions from sales and use taxation, by striking paragraph (5) and inserting in its place a new paragraph to read as follows:
(5)(A) Fares and charges, except charges for charter and sightseeing service, collected by an urban transit system for the transportation of passengers. (B) As used in this paragraph, the term:
(i) 'Public transit system primarily urban in character' shall include a transit system operated by any entity which provides passenger transportation services by means of motor vehicles having passenger-carrying capacity within or between standard metropolitan areas and urban areas, as those terms are defined in Code Section 32-2-3, of this state. (ii) 'Urban transit system' means a public transit system primarily urban in character which is operated by a street railroad company or a motor common carrier, is subject to the jurisdiction of the Department of Motor Vehicle Safety Public Service Commission, and whose fares and charges are regulated by the Department of Motor Vehicle Safety Public Service Commission, or is operated pursuant to a franchise contract with a municipality of this state so that its fares and charges are regulated by or are subject to the approval of the municipality. An urban transit system certificate shall be issued by the Department of Motor Vehicle Safety Public Service Commission, or by the municipality which has regulatory authority, upon an affirmative showing that the applicant operates an urban transit system. The certificate shall be obtained and filed with the commissioner and shall continue in effect so long as the holder of such certificate qualifies as an urban transit system. Any urban transit system certificate granted by the Department of Motor Vehicle Safety prior to January 1, 2002, shall be

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deemed valid as of the date it was issued;.
PART XXX Amendments to Title 50.
State government.
SECTION 30-1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking Code Section 50-1-2, relating to the Coordination Council for North American Affairs of the Republic of China, and inserting in its place a new Code Section 50-1-2 to read as follows:
50-1-2. The Atlanta office of the Coordination Council for North American Affairs of the Republic of China Taipei Economic and Cultural Representatives Office in the United States, while it maintains an office in Atlanta the State of Georgia, shall be accorded the same privileges and exemptions concerning taxation, automobile license plates the operation of motor vehicles, education, diplomatic immunity, and any other privileges and exemptions, except that the automobile license plate shall state 'foreign government' or similar words as the commissioner of motor vehicle safety shall deem appropriate in lieu of the words 'consular corps,' as were formerly enjoyed by the Consulate General of the Republic of China and which are extended to consulates general of foreign countries generally as provided by the Taiwan Relations Act, 22 U.S.C. Section 3301, et seq.
SECTION 30-2. Said Title 50 is further amended in Code Section 50-18-72, relating to government records for which public disclosure is not required, by striking paragraph (4.1) of subsection (a) and inserting in its place a new paragraph to read as follows:
(4.1) Individual Georgia Uniform Motor Vehicle Accident Reports, except upon the submission of a written statement of need by the requesting party, such statement to be provided to the custodian of records and to set forth the need for the report pursuant to this Code section; provided, however, that any person or entity whose name or identifying information is contained in a Georgia Uniform Motor Vehicle Accident Report shall be entitled, either personally or through a lawyer or other representative, to receive a copy of such report; and provided, further, that Georgia Uniform Motor Vehicle Accident Reports shall not be available in bulk for inspection or copying by any person absent a written statement showing the need for each such report pursuant to the requirements of this Code section. For the purposes of this subsection, the term 'need' means that the natural person or legal entity who is requesting in person or by representative to inspect or copy the Georgia Uniform Motor Vehicle Accident Report:
(A) Has a personal, professional, or business connection with a party to the accident;

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(B) Owns or leases an interest in property allegedly or actually damaged in the accident; (C) Was allegedly or actually injured by the accident; (D) Was a witness to the accident; (E) Is the actual or alleged insurer of a party to the accident or of property actually or allegedly damaged by the accident; (F) Is a prosecutor or a publicly employed law enforcement officer; (G) Is alleged to be liable to another party as a result of the accident; (H) Is an attorney stating that he or she needs the requested reports as part of a criminal case, or an investigation of a potential claim involving contentions that a roadway, railroad crossing, or intersection is unsafe; (I) Is gathering information as a representative of a news media organization; or (J) Is conducting research in the public interest for such purposes as accident prevention, prevention of injuries or damages in accidents, determination of fault in an accident or accidents, or other similar purposes; provided, however, this subparagraph will apply only to accident reports on accidents that occurred more than 30 days prior to the request and which shall have the name, street address, telephone number, and drivers license number redacted; or (K) Is a governmental official, entity, or agency, or an authorized agent thereof, requesting reports for the purpose of carrying out governmental functions or legitimate governmental duties;
PART XXXI Amendment to Title 52. Waters of the state, ports, and watercraft.
SECTION 31-1. Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, is amended in Code Section 52-7-12.6, relating to boating privileges , by striking subsection (a) and inserting in its place a new subsection to read as follows:
(a) Any operators privilege to operate a vessel on the waters of this state required to be suspended under subsection (d) of Code Section 52-7-12.5 shall be suspended subject to the following terms and conditions:
(1) Upon the first suspension pursuant to subsection (d) of Code Section 52-7-12.5 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for one year. Not sooner than 30 days following the effective date of suspension, the person may apply to the department for reinstatement of his or her operators privilege. Such privilege shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources Driver Services. An operators privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or

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Drug Use Risk Reduction Program approved by the Department of Human Resources Driver Services; (2) Upon the second suspension pursuant to subsection (d) of Code Section 52-7-12.5 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. Not sooner than 120 days following the effective date of suspension, the person may apply to the department for reinstatement of the persons operators privilege. Such privilege shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources Driver Services. An operators privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources Driver Services; and (3) Upon the third or subsequent suspension pursuant to subsection (d) of Code Section 52-7-12.5 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for not less than five years and until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources Driver Services.
PART XXXII Effective dates and repealer.
SECTION 32-1. This Act shall become effective July 1, 2005, except that the provisions of subsection (b) of Code Section 40-16-3.1 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval.
SECTION 32-2. All laws and parts of laws in conflict with this Act are repealed.

Senator Stoner of the 6th asked for a ruling of the Chair on the need for a fiscal note for HB 501.
The President ruled that HB 501 had a significant fiscal impact and was in need of a fiscal note, and therefore was out of order.
Senator Balfour of the 9th objected and appealed the ruling of the President.
Senator Smith of the 52nd asked for a ruling of the President Pro Tempore.

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2231

The Senate Parliamentarian, President Pro Tempore Johnson of the 1st, ruled that HB 501 did not have a significant fiscal impact and therefore no fiscal note was needed.

Senator Adleman of the 42nd appealed the ruling of the Senate Parliamentarian.

Senator Stephens of the 27th moved the previous question.

On the motion to sustain the ruling of the President Pro Tempore, a roll call was taken, and the vote was as follows:

N Adelman Y Balfour N 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 E Rogers Y Schaefer Y Seabaugh N Seay Y Shafer,D

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

On the motion, the yeas were 33, nays 19. The motion prevailed and the ruling of the President Pro Tempore was sustained; therefore, a fiscal note on HB 501 was not required.

The following communication was received by the Secretary:

Senator Horacena Tate District 38 110 State Capitol Atlanta, GA 30334 Operations

Committees: Appropriations Health and Human Services Retirement State and Local Governmental

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The State Senate Atlanta, Georgia 30334

MEMORANDUM

TO:

Mr. Frank Eldridge

Secretary of the Senate

FROM: Senator Horacena Tate 38th District

SUBJECT: REGISTER MISSED VOTE

DATE: March 24, 2005

Please enter my vote into the record to reflect a "NO" vote on the position regarding the judgment on a fiscal note, to agree with the position of the President Pro Tem vs. the position of the President of the Senate.

Thank you in advance for your consideration.

/s/ Horacena Tate

Senators Tolleson of the 20th and Kemp of the 46th offered the following amendment #1:

Amend the Senate Public Safety and Homeland Security Committee substitute to HB 501 by striking "subsection (b) of Code Section 40-16-3.1" on lines 6 and 7 of page 138 and inserting in lieu thereof "paragraph (2) of subsection (b) of Code Section 40-16-3".

On the adoption of the amendment, the yeas were 37, nays 0, and the Tolleson, Kemp amendment #1 was adopted.

Senators Thomas of the 2nd, Brown of the 26th and Miles of the 43rd offered the following amendment #2:

Amend the Senate Public Safety and Homeland Security Committee substitute (LC 14 9228S) to HB 501 by striking the phrase `210.00 or 200.00' on lines 16 and 17 of page 63 and replacing it with `510.00 or 500.00'.

By striking the phrase `210.00 or 200.00' on line 12 of page 64 and replacing it with `510.00 or 500.00'.

By striking the phrase `210.00 or 200.00' on lines 23 and 24 of page 66 and replacing it

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2233

with `510.00 or 500.00'. By striking the phrase `210.00 or 200.00' on line 35 of page 66 and replacing it with `510.00 or 500.00'.

By striking the phrase `210.00 or 200.00' on lines 27 and 28 of page 67 and replacing it with `510.00 or 500.00'.

By striking the phrase `210.00 or 200.00' on line 3 of page 68 and replacing it with `510.00 or 500.00'.

Senator Smith of the 52nd offered the following amendment #2a:

Amend amendment # 2 to the Committee substitute to HB 501 by inserting prior to the phrase "510 or 500" at each place where such phrase is located the following: "210 or 200 when such reinstatement is processed by mail unless such conviction was a recidivist conviction in which case the restoration fee shall be"

On the adoption of the amendment, the yeas were 36, nays 3, and the Smith amendment #2a to amendment #2 was adopted.

Senator Adelman of the 42nd objected to the adoption of the Smith amendment #2a because the amendment was not placed upon his desk at the time the vote was called.

The President ruled that the vote was invalid because the amendment was not fully distributed and ordered another vote be taken.

Senator Smith of the 52nd appealed the ruling of the President.

The Senate Parliamentarian, President Pro Tempore Johnson of the 1st, ruled that the previous vote would not be annulled, but that a motion to reconsider was in order.

Senator Meyer von Bremen of the 12th moved that the Senate reconsider its action in adopting the Smith amendment #2a.

Senator Seabaugh of the 28th objected.

On the motion to reconsider Senator Stephens of the 27th called for yeas and nays. The call was sustained, a roll call was taken, and the vote was as follows:

Y Adelman N Balfour Y Brown N Bulloch

N Hill,Jack N Hill,Judson Y Hooks N Hudgens

N Smith E Starr N Staton N Stephens

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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 Y Henson

N Johnson Y Jones N Kemp Y 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

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

On the motion, the yeas were 15, nays 34. The motion lost and the Smith amendment #2a was not reconsidered.

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 Seay of the 34th asked unanimous consent that Senator Reed of the 35th be excused. The consent was granted, and Senator Reed was excused.

Senator Tate of the 38th asked unanimous consent that Senator Fort of the 39th be excused. The consent was granted, and Senator Fort was excused.

On the adoption of the amendment, the President ordered a roll call, 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 N 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 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

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

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

E Walker Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the adoption of the amendment, the yeas were 48, nays 1, and the Thomas of the 2nd et al. amendment #2 was adopted as amended.

The following communication was received by the Secretary:

Senator Greg Goggans District 7 324-B Legislative Office Building Atlanta, GA 30334

Committees: Agriculture and Consumer Affairs Finance Health and Human Services Transportation

The State Senate Atlanta, Georgia 30334

March 24, 2005

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

Dear Mr. Eldridge:

I would like it to be known that on March 24, 2005, that a malfunction in my voting machine occurred while voting on amendment #2 to HB 501. I would like the record to show that I voted "yea" on this bill.

Thank you.

Sincerely,

/s/ Greg Goggans

Senators Stoner of the 6th, Adelman of the 42nd and Jones of the 10th offered the following amendment #3:

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Amend the Senate Public Safety and Homeland Security Committee substitute to HB 501 by deleting Section 17-13 in its entirety and by renumbering Sections 17-14 through 1724 as Sections 17-13 through 17-23, respectively.

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 E Fort N Goggans Y Golden N Grant N Hamrick
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 E 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 E Walker N Weber N Whitehead N Wiles N Williams
Zamarripa

On the adoption of the amendment, the yeas were 15, nays 34, and the Stoner et al. amendment #3 was lost.

On the adoption of the substitute, the President ordered a roll call, 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 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 E Starr Y Staton Y Stephens N Stoner N Tate Y Thomas,D Y Thomas,R N Thompson,C E Thompson,S

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

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

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

On the adoption of the substitute, the yeas were 35, nays 15, and the committee substitute was adopted as amended.

Senator Stoner of the 6th offered the following substitute to HB 501:

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 revise and modernize drivers licensure practices; to change provisions relating to fees for issuance of drivers record information and the manner of issuance of such information; to change provisions relating to the period of time for which licenses shall be issued and the fees for licenses; to change provisions relating to the types of examinations required for issuance of a license under certain circumstances; to provide for the Department of Motor Vehicle Safety to contract with driver training schools for certain examination and license issuance functions; to provide for the locations at which the department may perform certain functions; to provide for electronic signatures of license applications under certain circumstances; to require courts having jurisdiction over traffic offenses to transmit conviction information to the department electronically; to eliminate reexamination for reinstatement of suspended young drivers licenses under certain circumstances; to provide for the method of determination of the age of young drivers for certain license suspension purposes; to provide for other related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, is amended in Code Section 40-5-2, relating to drivers records, by striking and replacing subsection (j) and adding a new subsection (l) so that subsections (j) and (l) shall read, respectively, as follows:
(j) The commissioner is authorized to promulgate any rules, regulations, or policies as are necessary to carry out the provisions of this Code section. The department and the

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Georgia Technology Authority are each authorized to charge In accordance with paragraph (6) of subsection (a) of Code Section 50-25-4, reasonable fees to defray costs incurred in affording access to or disseminating shall be assessed for furnishing information from records or data bases pursuant to provisions of this Code section; provided, however, that the fee for furnishing an abstract of a drivers record shall not exceed $10.00; and provided, further, that the fee for furnishing the limited information provided for purposes of insurance rating pursuant to division (c)(1)(B)(ii) of this Code section shall not exceed 20 percent of the fee for furnishing the abstract of a drivers record. (l) In any case in which the release or transmittal of one or more drivers records is authorized under this Code section or any other provision of law, the commissioner may determine the method of release or transmittal of the record or records, including without limitation release or transmittal by mail or by means of the Internet or other electronic means.

SECTION 2. Said Chapter 5 of Title 40 is further amended by striking subsections (a) through (d) of Code Section 40-5-25, relating to drivers license applications, and inserting in their respective places new subsections to read as follows:
(a) Every application for an instruction permit or for a drivers license shall be made upon a form furnished by the department. Every application shall be accompanied by the proper license fee. The fees shall be as established by the commissioner, not to exceed:
(1) For instruction permits for Classes A, B, C, and M drivers licenses and for Class D drivers licenses .................................................................... $ 10.00

(2) For five-year Classes A, B, C, and M noncommercial drivers

15.00

licenses ............................................................................................................. 20.00

(2.1) For ten-year Classes A, B, C, and M noncommercial drivers licenses ............................................................................................................. 35.00

(3) For Classes A, and B, C, and M commercial drivers licenses ................. 15.00 20.00

(4) For application for Classes A, B, C, and M commercial drivers licenses or a Class P commercial drivers instruction permit .......................... 35.00

(5) For Class P commercial drivers instruction permits for Classes A, B, C, and M commercial drivers licenses............................................................ 10.00

(6) For Classes A, B, C, and M commercial drivers licenses, initial issuance requiring a road test ...........................................................................

65.00 70.00

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(7) For Classes A, B, C, and M commercial drivers licenses, initial issuance not requiring a road test.....................................................................

15.00 20.00

(8) For renewal of Classes A, B, C, and M commercial drivers licenses...... 15.00 20.00

(8.1) For renewal of five-year Classes A, B, C, and M noncommercial drivers licenses................................................................................................ 20.00

(8.2) For renewal of ten-year Classes A, B, C, and M noncommercial drivers licenses................................................................................................ 35.00

(9) Initial issuance of Classes A, B, C, and M commercial drivers licenses and Class P commercial drivers instruction permits shall include all endorsement fees within the license fee. Each endorsement added after initial licensing ................................................................................................. 5.00
The commissioner may by rule provide incentive discounts in otherwise applicable fees reflecting cost savings to the department where a license is renewed by means other than personal appearance. The discount for renewal of a Class C or Class M license shall be $5.00 and any other discounts shall be as determined by the commissioner. Except as provided in Code Section 40-5-36, relating to veterans licenses, and Code Section 40-5-149, relating to application fees for public school bus drivers, there shall be no exceptions to the fee requirements for a commercial drivers license or a commercial drivers license permit. Notwithstanding any other provision of this Code section, there shall be no fee whatsoever for replacement of any drivers license solely due to a change of the licensees name or address, provided that such replacement license shall be valid only for the remaining period of such original license; and provided, further, that only one such free replacement license may be obtained within any four-year the period for which the license was originally issued. Any application for the replacement of a lost license pursuant to Code Section 40-5-31 or due to a change in the licensees name or address submitted within 150 days of the expiration of said license shall be treated as an application for renewal subject to the applicable license fees as set forth in this subsection. (b) Notwithstanding the provisions of subsection (a) of this Code section, any Class 1 or 2 license issued prior to April 3, 1989, shall remain valid until its expiration unless otherwise lost, destroyed, suspended, or revoked prior to its expiration. A Class 3, 4, or 5 license shall remain valid unless lost, destroyed, suspended, revoked, or canceled, until its expiration or its earlier replacement under Article 7 of this chapter, the 'Uniform Commercial Drivers License Act.' Reserved. (c) Every such application shall state the full legal name, date of birth, sex, and residence address of the applicant; shall briefly describe the applicant; and shall state whether the applicant has theretofore been licensed as a driver and, if so, when and by what state or country, and whether any such license has ever been suspended, revoked,

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or refused, and, if so, the date of and reason for such suspension, revocation, or refusal; and shall state such other information as the commissioner may require to determine the applicants identity, competence, and eligibility. The application shall include any other information as required by paragraph (1) of subsection (a.1) of Code Section 19-11-9.1. The department shall not issue a license until a complete examination of the applicants record has been completed. The commissioner may issue such rules and regulations as shall be necessary for the orderly processing of license applications.
(d)(1) The General Assembly finds that it is in the best interest of the state to encourage improved public education and awareness regarding anatomical gifts of human organs and tissues and to address the ever increasing need for donations of anatomical gifts for the benefit of the citizens of Georgia. (2) Notwithstanding the provisions of paragraph (2) or (3) of subsection (a) of this Code section, each applicant for the issuance, reissuance, or renewal of a Class C, M, A, or B drivers license under paragraph (2) or (3) of subsection (a) of this Code section shall accompany such application with a license fee as established by the commissioner, not to exceed $8.00, if such applicant executes an anatomical gift pursuant to Code Section 40-5-6. (3) The department shall make available to those federally designated organ procurement organizations the name, license number, date of birth, and most recent address of any person who obtains a an organ donor drivers license with the reduced fee provided for in paragraph (2) of this subsection. Information so obtained by such organizations shall be used for the purpose of establishing a state-wide organ donor registry accessible to organ tissue and eye banks authorized to function as such in this state and shall not be further disseminated.
SECTION 3. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-27, relating to examination of applicants, by striking subsections (a), (d), and (e) and inserting in their respective places new subsections to read as follows:
(a) The department shall examine every applicant for a drivers license, except as otherwise provided by subsection (d) of this Code section. Such examination shall include a test of the applicants eyesight, his or her ability to understand official trafficcontrol devices, and his or her knowledge of safe driving practices and the traffic laws of this state and shall also include a comprehensive on-the-road driving test during which the applicant shall be required to fully demonstrate his or her ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or general class of vehicles he or she desires a license to drive; provided, however, that the on-the-road driving test requirement shall not apply to any applicant for a Class C drivers license who holds a Class D drivers license issued on or after January 1, 2002. Applicants An applicant 18 years of age and older with a valid and current licenses license issued by another state of the United States or the District of Columbia who surrender their previous licenses surrenders his or her previous license to obtain a Georgia license shall be exempt from taking such tests other than tests of eyesight. The

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examination may also include such further physical and mental examination as the department finds necessary to determine the applicants fitness to operate a motor vehicle safely upon the highways. The commissioner may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any class of license. (d) The department shall implement a six-month pilot program to determine licensing requirements for licensed driver training schools to conduct on-the-road driving tests as provided in subsection (e) of this Code section. The department shall report the results of such pilot program to the House Committee on Motor Vehicles. (e) If the department determines that the pilot program provided for in subsection (d) of this Code section is successful, it shall authorize licensed driver training schools to conduct on-the-road driving tests and other tests required for issuance of a drivers license as provided in this subsection. The department may authorize licensed driver training schools to issue drivers licenses to successful applicants as provided in this subsection. The department shall, prior to approving a licensed driver training school to conduct on-the-road driving tests or issue licenses or both as provided in this subsection, make a determination that the school has been licensed for a minimum of one year two years and has conducted driver education and adult education courses on a full-time basis for such one-year two-year period and that such school meets all other standards which the department may establish as a condition for approval to conduct such tests or issue licenses or both. The department shall authorize a driver training school licensed pursuant to Chapter 13 of Title 43 and approved by the department to administer the testing provided for in this Code section, provided that the applicant has successfully completed a driver training course which includes a minimum of 30 class hours of instruction and six hours of private in-car training. The department may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any Class C or Class D drivers license under this Code section.
SECTION 4. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-28, relating to issuance of drivers licenses, and inserting in its place a new Code section to read as follows:
40-5-28. (a) The department shall, upon payment of the required fee, issue to every applicant qualifying therefor a drivers license indicating the type or general class of vehicles the licensee may drive, which license shall be upon a form prescribed by the department and which shall bear thereon a distinguishing number assigned to the licensee, a color photograph of the licensee, the licensees full name, either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with a pen and ink immediately upon receipt of the license, and such other information or identification as is required by the department. No license shall be valid until it has been so signed by the licensee. Specifically but without limitation, the department may require applicants to submit fingerprints by means of an inkless fingerprint scanning

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device upon application. (b) The commissioner shall determine the location and manner of issuance of drivers licenses. Without limiting the generality of the foregoing, it is specifically provided that the commissioner may designate county tag agents as agents of the department for this purpose and may authorize the issuance of drivers licenses by county tag agents.
SECTION 5. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-31, relating to replacement permits or licenses, by striking subsection (b) and inserting in its place a new subsection to read as follows:
(b) The department shall issue a temporary permit or drivers license to each individual who has lost by misplacement, and not by revocation or suspension, his or her instruction permit or drivers license and who has made application under oath on a form furnished by the department which states that the applicant presently has a valid permit or license which has been lost or misplaced. In lieu of the applicants signature on a form, any application for the issuance of a replacement license submitted electronically shall contain an acknowledgment and attestation under penalty of perjury that he or she meets each requirement of this Code section.
SECTION 6. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-32, relating to drivers license renewal, and inserting in its place a new Code section to read as follows:
40-5-32. (a)(1) Every Except as otherwise provided in this Code section, every drivers license shall expire on the licensees birthday in the fourth fifth year following the issuance of such license. Notwithstanding the foregoing, any commercial license that contains an H or X endorsement as defined in subsection (c) of Code Section 40-5-150 shall expire on the date of expiration of the licensees security threat assessment conducted by the Transportation Security Administration of the United States Department of Homeland Security. An applicant for a Class A, B, C, or M noncommercial drivers license who is under age 60 shall at the applicants option apply for a license which shall expire on the licensees birthday in the fifth or tenth year following the issuance of such license. Every such license shall be renewed on or before its expiration upon application, payment of the required fee, and, if applicable, satisfactory completion of the examination required or authorized by subsection (c) of this Code section. (2) Except as otherwise provided by subsection (c) of this Code section, every holder of a veterans or honorary license shall meet the requirements of subsection (c) of this Code section be valid until the holder reaches age 65 and shall thereafter be subject to renewal pursuant to paragraph (1) of this subsection on or before his or her birthday every four five years, beginning from the date on which the holder was last required to take an examination under former Ga. L. 1972, p. 1076, as amended by Ga. L. 1973, pp. 916, 917. The department may allow a veteran or honorary license

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holder to retain his or her expired veterans or honorary license as a souvenir. (3) The commissioner shall issue such rules and regulations as are required to enforce this subsection. (b) An application for drivers license renewal may be submitted by means of: (1) Personal appearance before the department; or (2) Subject to rules or regulations of the department which shall be consistent with considerations of public safety and efficiency of service to licensees, means other than such personal appearance which may include without limitation by mail or electronically. The department may by such rules or regulations exempt persons renewing drivers licenses under this paragraph from the license surrender requirement of subsection (c) of Code Section 40-5-20. (c)(1) The department shall require every person applying for renewal of a drivers license to take and pass successfully such test of his or her eyesight as the department shall prescribe, unless otherwise provided by rule or regulation for purposes of paragraph (2) of subsection (b) of this Code section. (2) The commissioner may issue such rules and regulations as are necessary to implement this subsection.
SECTION 7. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-33, relating to change of address of a licensed driver, and inserting in its place a new Code section to read as follows:
40-5-33. Whenever any person, after applying for or receiving a drivers license, shall move from the address named in such application or in the license issued to him or her or when the name of a licensee is changed by marriage or otherwise, such person shall apply to the department for a license showing the correct name or address within 60 days. Failure to change the name or address shall not deem the license invalid. The commissioner shall designate the locations at which applications shall be accepted for applications due to change of name and shall designate the locations at which applications shall be accepted for applications due to change of address and may designate any locations for such purposes.
SECTION 8. Said Chapter 5 of Title 40 is further amended by striking subsection (b) of Code Section 40-5-53, relating to reports of convictions and forwarding of licenses by courts, and inserting in its place a new subsection to read as follows:
(b) Every court in each county of this state having jurisdiction over offenses committed under this chapter and Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing speeding in a noncommercial motor vehicle for which no points are assigned under Code Section 40-5-57, standing, or parking, a uniform citation form authorized by Article 1 of

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Chapter 13 of this title. Notwithstanding any other provision of this title, in satisfaction of the reporting requirement of this subsection, the courts of this state may shall transmit the information contained on the uniform citation form by electronic means, provided that the department has first given approval to the reporting court for using the electronic reporting method utilized approved by the department. The department shall pay to the clerk of the court forwarding the required report 40 for each report transmitted electronically in a timely manner as required in this subsection and 10 for each report transmitted otherwise; and notwithstanding any general or local law to the contrary, the clerk shall pay such fees over to the general fund of the city or county operating the court. Where a court has not implemented transmittal by electronic means, the commissioner may require such court or courts to submit by electronic means no later than a future date to be determined by the commissioner.

SECTION 9. Said Chapter 5 of Title 40 is further amended in said Code Section 40-5-57.1 by adding at the end of the Code section a new subsection (d) to read as follows:
(d) A suspension provided for in this Code section shall be imposed based on the persons age on the date of the conviction giving rise to the suspension.

SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

Pursuant to the adoption of the committee substitute to HB 501 the Stoner floor substitute was moot.

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

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

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

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

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 E Walker

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

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

Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 35, nays 15.

HB 501, having received the requisite constitutional majority, was passed by substitute.

Senator Tolleson of the 20th asked unanimous consent that HB 501 be immediately transmitted to the House.

The consent was granted and HB 501 was immediately transmitted.

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

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

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

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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.

Mr. President:

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

HB 846.

By Representatives Benfield of the 85th, Watson of the 91st, Mitchell of the 88th, Stephenson of the 92nd, Mosby of the 90th and others:

A BILL to be entitled an Act to provide a homestead exemption from DeKalb County ad valorem taxes for county purposes for the full value of the homestead for residents of that county who are disabled or are 62 years of age or over and whose household gross income does not exceed $25,000.00; 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 the specific repeal of a certain prior homestead exemption; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

HB 852. By Representatives Crawford of the 127th and Cole of the 125th:

A BILL to be entitled an Act to amend an Act providing a new charter for the City of Barnesville, approved March 11, 1987 (Ga. L. 1987, p. 3865), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4957), so as to provide new districts for councilmembers; to provide for definitions and inclusions; to provide for continuation in office of current members of the council; to change provisions relating to wards; to provide for submission of this Act for preclearance under the federal Voting Rights

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HB 853. HB 854. HB 855. HB 857.

Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
By Representatives Harbin of the 118th, Fleming of the 117th and Burmeister of the 119th:
A BILL to be entitled an Act to authorize the governing authority of Columbia County 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.
By Representatives Harbin of the 118th, Fleming of the 117th and Burmeister of the 119th:
A BILL to be entitled an Act to amend an Act to provide that certain officials of Columbia County who have served at least 15 years in office may, upon leaving office, continue to participate in the county health insurance program by paying the total cost of such participation, approved May 17, 2004 (Ga. L. 2004, p. 4472), so as to clarify that such Act applies to health insurance coverage for the officials as well as their spouses and dependents; to provide for related matters; to provide for intent; to repeal conflicting laws; and for other purposes.
By Representatives Harbin of the 118th, Fleming of the 117th and Burmeister of the 119th:
A BILL to be entitled an Act to amend an Act to create a board of elections for Columbia County and provide for its powers and duties, approved March 23, 1993 (Ga. L. 1993, p. 4180), so as to revise certain term limitations on members of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representative Cole of the 125th:
A BILL to be entitled an Act to repeal an Act entitled "Jasper County Economic Development Authority Act" approved April 4, 1991 (Ga.L. 1991, p. 4524); to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 858. HB 859. HB 860. HB 861.

By Representatives Scott of the 2nd and Neal of the 1st:
A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Walker County and provide for its powers and duties, approved April 4, 1997 (Ga. L. 1997, p. 3657), so as to revise the manner of appointing members of the board; to revise the manner of filling vacancies; to revise the qualifications of members of the board; to provide for related matters; to provide for the 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 Lane of the 167th, Keen of the 179th and Hill of the 180th:
A BILL to be entitled an Act to amend an Act relating to the Glynn County Board of Elections and Registration, approved March 24, 1994 (Ga. L. 1994, p. 3977), so as to change provisions relating to the selection of members of the board; to provide for one member to be appointed by the board of commissioners of Glynn County rather than the grand jury; to provide for the current member in that position to complete his or her current term of office; to provide for related matters; to provide for submission under the federal Voting Rights Act; to repeal conflicting laws; and for other purposes.
By Representatives Henson of the 87th, Watson of the 91st, Drenner of the 86th, Williams of the 89th, Sinkfield of the 60th and others:
A BILL to be entitled an Act to amend an Act establishing the DeKalb County districts from which the members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4538), so as to change the compensation of the members of the board of education; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representative Ralston of the 7th:
A BILL to be entitled an Act to amend an Act providing for a Board of Commissioners of Fannin County, approved August 10, 1920 (Ga. L. 1920, p. 519), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3939), so as to change the provision relating to the compensation of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 862. HB 863. HB 866. HB 867.

By Representative Hatfield of the 177th:
A BILL to be entitled an Act to amend an Act creating the State Court of Ware County, formerly the City Court of Waycross, approved December 11, 1897 (Ga. L. 1897, p. 510), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4082), so as to provide for the compensation of the solicitor-general and the judge of said court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
By Representatives Scott of the 153rd and Roberts of the 154th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 4015), and an Act approved March 28, 1985 (Ga. L. 1985, p. 4875), so as to repeal a requirement that certain commissioners must resign on or before a certain date in order to run for chairperson of the board of commissioners; provide that the board of commissioners of Tift County may establish procedures relative to competitive bids on county purchases of new material, supplies, and equipment and contracts for county work; to provide for public inspection; to repeal conflicting laws; and for other purposes.
By Representatives Forster of the 3rd and Dickson of the 6th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Catoosa County, Georgia, approved March 30, 1993 (Ga. L. 1993, p. 4258), as amended, so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
By Representatives Forster of the 3rd and Dickson of the 6th:
A BILL to be entitled an Act to amend an Act creating the office of commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights

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HB 870. HB 872. SB 300. SB 333.

Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representative Freeman of the 140th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Twiggs County, approved March 26, 1982 (Ga. L. 1982, p. 3627), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 4048), so as to provide for monthly meetings of the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.
By Representatives Heard of the 104th, Mumford of the 95th, Rice of the 51st, Floyd of the 99th, Marin of the 96th and others:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4658), so as to provide for the compensation of the chairperson and the members of the board of commissioners; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
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.
By Senators Douglas of the 17th and Hudgens of the 47th:
A BILL to be entitled an Act to amend an Act creating the WalnutgroveYouth 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

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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 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.

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

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 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.
Mr. President:
The House has disagreed to the Senate substitute to the following Bill of the House:

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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.

Senator Eric Johnson, President Pro Tempore, assumed the Chair.

The Calendar was resumed.

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.

Senate Sponsor: Senator Williams of the 19th.

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

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

Y Adelman Y Balfour Y Brown Y Bulloch Y Butler Y Cagle Y Carter

Y Hill,Jack Y Hill,Judson Y Hooks Y Hudgens
Johnson (PRS) Jones Y Kemp

Y Smith E Starr Y Staton Y Stephens
Stoner Tate Y Thomas,D

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Y Chance Y Chapman Y Douglas E Fort Y Goggans Y Golden Y Grant
Hamrick Y Harbison Y Harp Y Heath
Henson

Y Me V Bremen N Miles Y Moody Y Mullis Y Pearson Y Powell E Reed Y Rogers Y Schaefer Y Seabaugh
Seay Y Shafer,D

N Thomas,R Y Thompson,C E Thompson,S Y Tolleson Y Unterman E Walker Y Weber Y Whitehead Y Wiles Y Williams
Zamarripa

On the passage of the bill, the yeas were 41, nays 2.

HB 392, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

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 Balfour of the 9th asked unanimous consent that Senator Johnson of the 1st be excused. The consent was granted, and Senator Johnson was excused.

Senator Balfour of the 9th asked unanimous consent that Senator Stephens of the 27th be excused. The consent was granted, and Senator Stephens was excused.

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.

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 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

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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.
Senate Sponsor: Senator Hamrick of the 30th.
The Senate Judiciary Committee offered the following substitute to HB 170:
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 Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to specifically provide that the denial of a defendants motion to recuse may be subject to interlocutory appeal; 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 for excuses for cause under certain circumstances; 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 for additional peremptory challenges in trials for jointly indicted defendants; to provide that the prosecuting attorney shall always conclude the argument to the jury; to provide that provisions relating to discovery apply to

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sentencing proceedings; to change certain provisions relating to discovery; 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 the defendant; to change provisions relating to when a witness has been impeached; to provide for the impeachment of witnesses through evidence of conviction of a crime and bad character; 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 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 "Criminal Justice Act of 2005."
SECTION 2. Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by striking subsection (b) of Code Section 5-6-34, relating to direct appeal and other review, and inserting in its place a new subsection (b) to read as follows:
(b) Where the trial judge in rendering an order, decision, or judgment, not otherwise subject to direct appeal, including but not limited to the denial of a defendants motion to recuse in a criminal case, certifies within ten days of entry thereof that the order, decision, or judgment is of such importance to the case that immediate review should be had, the Supreme Court or the Court of Appeals may thereupon, in their respective discretions, permit an appeal to be taken from the order, decision, or judgment if application is made thereto within ten days after such certificate is granted. The application shall be in the nature of a petition and shall set forth the need for such an appeal and the issue or issues involved therein. The applicant may, at his or her election, include copies of such parts of the record as he or she deems appropriate, but no certification of such copies by the clerk of the trial court shall be necessary. The application shall be filed with the clerk of the Supreme Court or the Court of Appeals and a copy of the application, together with a list of those parts of the record included with the application, shall be served upon the opposing party or parties in the case in the manner prescribed by Code Section 5-6-32, except that such service shall be perfected at or before the filing of the application. The opposing party or parties shall have ten days from the date on which the application is filed in which to file a response. The response may be accompanied by copies of the record in the same manner as is allowed with the application. The Supreme Court or the Court of Appeals shall issue an order granting or denying such an appeal within 45 days of the date on which the application was filed. Within ten days after an order is issued granting the appeal, the applicant, to secure a review of the issues, may file a notice of appeal as provided in Code Section 5-6-37. The notice of appeal shall act as a supersedeas as provided in Code Section 5-6-46 and the procedure thereafter shall be the same as in an appeal from a final judgment.

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SECTION 3. Said title is further amended by striking subsection (a) of Code Section 5-7-1, relating to orders, decisions, or judgments appealable by state, and inserting in lieu thereof a new subsection (a) to read as follows:
(a) An appeal may be taken by and on behalf of the State of Georgia from the superior courts, state courts, City Court of Atlanta, and juvenile courts and such other courts from which a direct appeal is authorized to the Court of Appeals of Georgia and the Supreme Court of Georgia in criminal cases and adjudication of delinquency cases in the following instances:
(1) From an order, decision, or judgment setting aside or dismissing any indictment, accusation, or petition alleging that a child has committed a delinquent act or any count thereof; (2) From an order, decision, or judgment arresting judgment of conviction or adjudication of delinquency upon legal grounds; (3) From an order, decision, or judgment sustaining a plea or motion in bar, when the defendant has not been put in jeopardy; (4) From an order, decision, or judgment suppressing or excluding evidence illegally seized or excluding the results of any test for alcohol or drugs in the case of motions made and ruled upon prior to the impaneling of a jury or the defendant being put in jeopardy, whichever occurs first; (5) From an order, decision, or judgment of a court where the court does not have jurisdiction or the order is otherwise void under the Constitution or laws of this state; (6) From an order, decision, or judgment of a superior court transferring a case to the juvenile court pursuant to subparagraph (b)(2)(B) of Code Section 15-11-28; or (7) From an order, decision, or judgment of a superior court granting a motion for new trial or an extraordinary motion for new trial; or (8) From an order, decision, or judgment denying a motion by the state to recuse or disqualify a judge made and ruled upon prior to the defendant being put in jeopardy.
SECTION 4. Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, is amended by striking Code Section 15-12-125, relating to demand of jury panels for misdemeanor trials, and inserting in lieu thereof a new Code Section 15-12125 to read as follows:
15-12-125. For the trial of misdemeanors in all courts, each party may demand a full panel of 12 competent and impartial jurors from which to select a jury. When one or more of the regular panel of trial jurors is absent or for any reason disqualified, the judge, at the request of counsel for either party, shall cause the panel to be filled by additional competent and impartial jurors to the number of 12 before requiring the parties or their counsel to strike a jury. From this panel, the accused shall have the right to challenge four peremptorily, defendant and the state two shall each have the right to challenge three jurors peremptorily. The defendant and the state shall exercise their challenges as

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provided in Code Section 15-12-166. The remaining six jurors shall constitute the jury.
SECTION 5. Said article is further amended by striking Code Section 15-12-160, relating to required panel of jurors in felony trial, and inserting in lieu thereof a new Code Section 15-12-160 to read as follows:
15-12-160. When any person stands indicted for a felony, the court shall have impaneled 30 24 jurors from which the defense and prosecution may strike jurors; provided, however, that in any case in which the state announces its intention to seek the death penalty, the court shall have impaneled 42 jurors from which the defense and state may strike jurors. If, for any reason, after striking from the panel there remain less than 12 qualified jurors to try the case, the presiding judge shall summon such numbers of persons who are competent jurors as may be necessary to provide a full panel. In making up the panel or successive panels, the presiding judge shall draw the tales jurors from the jury box of the county and shall order the sheriff to summon them.
SECTION 6. Said article is further amended by adding at the end of Code Section 15-12-164, relating to challenges to jurors in a felony trial, a new subsection (d) to read as follows:
(d) The court shall also excuse for cause any juror who from the totality of the jurors answers on voir dire is determined by the court to be substantially impaired in the jurors ability to be fair and impartial. The jurors own representation that the juror would be fair and impartial is to be considered by the court but is not determinative.
SECTION 7. Said article is further amended by striking Code Section 15-12-165, relating to number of peremptory challenges, and inserting in lieu thereof a new Code Section 15-12-165 to read as follows:
15-12-165. Every person indicted for a crime or offense accused of a felony may peremptorily challenge 12 six of the jurors impaneled to try him or her. The state shall be allowed one-half the same number of peremptory challenges allowed to the accused defendant; provided, however, that in any case in which the state announces its intention to seek the death penalty, the person indicted for the crime defendant may peremptorily challenge 20 15 jurors and the state shall be allowed one-half the same number of peremptory challenges allowed to the accused.
SECTION 8. Said article is further amended by striking Code Section 15-12-169, relating to manner of selecting alternate jurors, and inserting in lieu thereof a new Code Section 15-12-169 to read as follows:
15-12-169.

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Alternate jurors must be drawn from the same source and in the same manner and have the same qualifications as the jurors already sworn. They shall be subject to the same examination and challenges. The number of alternate jurors shall be determined by the court. The state and the defendant shall be entitled to as many peremptory challenges to alternate jurors as there are alternate jurors called. The defendant shall be entitled to additional peremptory challenges in an amount twice greater than the additional peremptory challenges of the state. The peremptory challenges allowed to the state and to the defendant in such event shall be in addition to the regular number of peremptory challenges allowed in criminal cases to the defendant and to the state as provided by law. When two or more defendants are tried jointly, each defendant shall be entitled to as many peremptory challenges to alternate jurors as there are alternate jurors called the number and manner of exercising peremptory challenges shall be determined as provided in Code Section 17-8-4.
SECTION 9. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking Code Section 17-8-4, relating to procedure for trial of jointly indicted defendants, and inserting in lieu thereof a new Code Section 17-8-4 to read as follows:
17-8-4. (a) When two or more defendants are jointly indicted for a capital offense, any defendant so electing shall be separately tried unless the state shall waive the death penalty. When indicted for a capital felony when the death penalty is waived, or for a felony less than capital, or for a misdemeanor, such defendants may be tried jointly or separately in the discretion of the trial court. In any event, a jointly indicted defendant may testify for another jointly indicted defendant or on behalf of the state. When separate trials are ordered in any case, the defendants shall be tried in the order requested by the state. If the offense requires joint action and concurrence of two or more persons, acquittal or conviction of one defendant shall not operate as acquittal or conviction of others not tried. (b) When two or more defendants are tried jointly for a crime or offense, such defendants shall be entitled to the same number of strikes as a single defendant if tried separately. The strikes shall be exercised jointly by the defendants or shall be apportioned among the defendants in the manner the court shall direct. In the event two or more defendants are tried jointly, the court, upon request of the defendants, acting in its sole discretion, may shall allow an equal number of additional strikes to the defendants, not to exceed five each, as the court shall deem necessary, to the ends that justice may prevail. The court may allow the state additional strikes not to exceed the number of additional strikes as are allowed to the defendants.
SECTION 10. Said title is further amended by striking Code Section 17-8-71, relating to order of argument after evidence presented, and inserting in lieu thereof a new Code Section 17-8-

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71 to read as follows: 17-8-71. After the evidence is closed on both sides, the prosecuting attorney shall open and conclude the argument to the jury. If the defendant introduces no evidence, his counsel shall open and conclude the argument to the jury after the evidence on the part of the state is closed The defendant shall be entitled to make a closing argument prior to the concluding argument of the prosecuting attorney.
SECTION 11. Said title is further amended by striking subsection (a) of Code Section 17-10-2, relating to conduct of presentence hearings in felony cases, and inserting in lieu thereof a new subsection (a) to read as follows:
(a)(1) Except in cases in which the death penalty or life without parole may be imposed, upon the return of a verdict of 'guilty' by the jury in any felony case, the judge shall dismiss the jury and shall conduct a presentence hearing at which the only issue shall be the determination of punishment to be imposed. In the hearing the judge shall hear additional evidence in extenuation, mitigation, and aggravation of punishment, including the record of any prior criminal convictions and pleas of guilty or nolo contendere of the defendant, or the absence of any prior conviction and pleas, provided that only such evidence in aggravation as the state has made known to the defendant prior to the defendants trial shall be admissible. (2) The judge shall also hear argument by the defendant or the defendants counsel and the district prosecuting attorney, as provided by law, regarding the punishment to be imposed. The district Except in cases where the death penalty may be imposed, the prosecuting attorney shall open and the defendant or the defendants counsel shall conclude the argument. In cases where the death penalty may be imposed, the prosecuting attorney shall open and the defendant or the defendants counsel shall conclude the argument. (3) Upon the conclusion of the evidence and arguments, the judge shall impose the sentence or shall recess the trial for the purpose of taking the sentence to be imposed under advisement. The judge shall fix a sentence within the limits prescribed by law.
SECTION 12. Said title is further amended by adding a new subsection (e) to Code Section 17-16-2, relating to applicability of discovery in criminal cases, to read as follows:
(e) Except as provided in paragraph (3) of subsection (b) of Code Section 17-16-4, if a defendant has elected to have the provisions of this article apply, the provisions of this article shall also apply to sentencing hearings and the sentencing phase of a death penalty trial.
SECTION 13. Said title is further amended in Code Section 17-16-4, relating to discovery disclosure required by the prosecuting attorney and defendant, by adding a new paragraph (5) at the end of subsection (a) and a new paragraph (3) at the end of subsection (b) to read as

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follows: (5) The prosecuting attorney shall, no later than ten days prior to trial, or at such time as the court orders but in no event later than the beginning of the trial, provide the defendant with notice of any evidence in aggravation of punishment that the state intends to introduce in sentencing. (3)(A) The defendant shall, no later than the announcement of the verdict of the jury or if the defendant has waived a jury trial at the time the verdict is published by the court, serve upon the prosecuting attorney all books, papers, documents, photographs, tangible objects, audio and visual tapes, films and recordings, or copies or portions thereof and to inspect and photograph buildings or places which are within the possession, custody, or control of the defendant and which the defendant intends to introduce as evidence in the presentence hearing. (B) The defendant shall, no later than the announcement of the verdict of the jury or if the defendant has waived a jury trial at the time the verdict is published by the court, serve upon the prosecuting attorney all reports of any physical or mental examinations and scientific tests or experiments, including a summary of the basis for the expert opinions rendered in the reports, or copies thereof, if the defendant intends to introduce in evidence in the presentence hearing the results of the physical or mental examination or scientific test or experiment. If the report is oral or partially oral, the defendant shall reduce all relevant and material oral portions of such report to writing and shall serve opposing counsel with such portions. (C) The defendant shall, no later than five days before the trial commences, serve upon the prosecuting attorney a list of witnesses that the defendant intends to call as a witness in the presentence hearing. No later than the announcement of the verdict of the jury or if the defendant has waived a jury trial at the time the verdict is published by the court, the defendant shall produce for the opposing party any statement of such witnesses that is in the possession, custody, or control of the defendants or the defendants counsel that relates to the subject matter of the testimony of such witnesses unless such statement is protected from disclosure by the privilege contained in paragraph (5), (6), (7), or (8) of Code Section 24-9-21.
SECTION 14. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by striking subsections (b) and (c) of Code Section 24-9-20, relating to testimony of criminal defendant, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
(b) If a defendant in a criminal case wishes to testify and announces in open court his or her intention to do so, he the defendant may so testify in his or her own behalf. If a defendant testifies, he or she shall be sworn as any other witness and may be examined and cross-examined as any other witness, except that no evidence of general bad character or prior convictions shall be admissible unless and until the defendant shall have first put his character in issue. Evidence of prior felony convictions may be admitted in those cases where the prior felony convictions are alleged in the indictment, as provided by law. The failure of a defendant to testify shall create no presumption

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against him or her, and no comment shall be made because of such failure. (c) In the event that a defendant elects to be sworn and examined, he shall not lose his right to open and conclude the argument to the jury, if he has not introduced other evidence in the trial.
SECTION 15. Said title is further amended by striking Code Section 24-9-81, relating to when own witness may be impeached, and inserting in lieu thereof a new Code Section 24-9-81 to read as follows:
24-9-81. A party may not impeach a witness voluntarily called by him, except where he can show to the court that he has been entrapped by said witness by a previous contradictory statement. Any party, including the party calling the witness, may attack the credibility of a witness. However, in In the trial of all civil cases, either plaintiff or defendant shall be permitted to make the opposite party, or anyone for whose immediate benefit the action is prosecuted or defended, or any agent of said party, or agent of any person for whose immediate benefit such action is prosecuted or defended, or officer or agent of a corporation when a corporation is such party or for whose benefit such action is prosecuted or defended a witness, with the privilege of subjecting such witness to a thorough and sifting examination and with the further privilege of impeachment, as if the witness had testified in his or her own behalf and were being cross-examined.
SECTION 16. Said title is further amended by striking Code Section 24-9-84, relating to how witnesses are impeached by proof of general bad character, and inserting in lieu thereof new Code Sections 24-9-84 and 24-9-84.1 to read as follows:
24-9-84. A witness may be impeached by evidence as to his general bad character. Any party may impeach the credibility of a witness by offering evidence of the witnesss bad character in the form of reputation, but subject to the following limitations: (a) The evidence may refer only to character for truthfulness or untruthfulness; (b) Evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked by reputation evidence or otherwise; (c) In a criminal case, the character for untruthfulness of the defendant may be introduced in evidence only if the defendant testifies and offers evidence of his or her truthful character; and (d) The impeaching character witness should first be questioned as to his or her knowledge of the general character of the witness, next as to what that character is, and lastly he the character witness may be asked if from that character he or she would believe him or her on his or her oath. The witness may be sustained by similar proof of character. The particular transactions or the opinions of single individuals shall not be inquired of on either side, except upon cross-examination in seeking for the extent and foundation of the witnesss knowledge.

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24-9-84.1. (a) General rule. For the purpose of attacking the credibility of a witness, or of the defendant, if the defendant testifies:
(1) Evidence that a witness has been convicted of a crime shall be admitted if the crime was punishable by death or imprisonment of one year or more under the law under which the witness was convicted if the court determines that the probative value of admitting the evidence outweighs its prejudicial effect to the witness; and (2) Evidence that the defendant has been convicted of a crime shall be admitted if the crime was punishable by death or imprisonment of one year or more under the law under which the defendant was convicted if the court determines that the probative value of admitting the evidence substantially outweighs its prejudicial effect to the defendant; and (3) Evidence that any witness or the defendant has been convicted of a crime shall be admitted if it involved dishonesty or making a false statement, regardless of the punishment that could be imposed for such offense. (b) Time limit. Evidence of a conviction under subsection (a) of this Code section is not admissible if a period of more than ten years has elapsed since the date of the conviction or of the release of the witness or the defendant from the confinement imposed for that conviction, whichever is the later date, unless the court determines, in the interest of justice, that the probative value of the conviction supported by specific facts and circumstances substantially outweighs its prejudicial effect. However, evidence of a conviction more than ten years old, as calculated herein, is not admissible unless the proponent gives to the adverse party sufficient advance written notice of intent to use such evidence to provide the adverse party with a fair opportunity to contest the use of such evidence. (c) Effect of pardon or annulment. Evidence of a conviction is not admissible under this Code section if: (1) The conviction has been the subject of a pardon or annulment based on a finding of the rehabilitation of the person convicted and such person has not been convicted of a subsequent crime that was punishable by death or imprisonment for one year or more; or (2) The conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. (d) Juvenile adjudications. An adjudication of delinquency in juvenile court shall be inadmissible against a defendant in a criminal case. An adjudication of delinquency in juvenile court shall be presumed to be inadmissible against a witness in a criminal case; however, this presumption may be rebutted only if it is shown that: (1) The factual basis for the proven allegations of delinquency would have constituted a crime under the laws of the state of the juvenile court if committed by an adult at the time they were committed by the juvenile: (2) The probative value of the evidence substantially outweighs the prejudicial effect of its admission; and (3) The court finds that admission of the adjudication into evidence is necessary for a

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fair determination of the issue of guilt or innocence of the defendant. (e) Pendency of appeal. The pendency of an appeal from a conviction does not render evidence of a conviction inadmissible. Evidence of the pendency of an appeal shall be admissible.
SECTION 17. This Act shall apply to all trials which commence on or after July 1, 2005.
SECTION 18. All laws and parts of laws in conflict with this Act are repealed.

Senator Butler of the 55th offered the following amendment #1 to the committee substitute to HB 170:
By inserting immediately following line 12 of page 8 a new section:
"SECTION 13.1. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by striking subsections (a) and (b) of Code Section 24-2-3, relating to direct evidence or cross-examination of a complaining witness or other witnesses, and inserting in lieu thereof new subsections (a) and (b) to read as follows: 24-2-3. (a) In any prosecution for a sexually violent offense as defined in Code Section 42-1-12 rape, evidence relating to the past sexual behavior of the complaining witness shall not be admissible, either as direct evidence or on cross-examination of the complaining witness or other witnesses, except as provided in this Code section. For the purposes of this Code section, evidence of past sexual behavior includes, but is not limited to, evidence of the complaining witness's marital history, mode of dress, general reputation for promiscuity, nonchastity, or sexual mores contrary to the community standards. (b) In any prosecution for a sexually violent offense as defined in Code Section 42-1-12 rape, evidence relating to the past sexual behavior of the complaining witness may be introduced if the court, following the procedure described in subsection (c) of this Code section, finds that the past sexual behavior directly involved the participation of the accused and finds that the evidence expected to be introduced supports an inference that the accused could have reasonably believed that the complaining witness consented to the conduct complained of in the prosecution."
Senators Smith of the 52nd and Butler of the 55th offered the following amendment #1a:
Amend Amendment #1 to the Committee Substitute to HB 170 by striking on page 1, in both paragraphs (a) and (b) the words, "a sexually violent offense as defined in Code Section 42-1-12" and inserting in lieu thereof the following:

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"a violation of Code Section 16-6-1, relating to rape; Code Section 16-6-2, relating to aggravated sodomy; Code Section 16-6-4, relating to aggravated child molestation; or Code Section 16-6-22.2, relating to aggravated sexual battery

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

On the adoption of the amendment, the yeas were 33, nays 0, and the Butler amendment #1 to the committee substitute was adopted as amended.

On the adoption of the substitute, the yeas were 33, 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 N Butler Y Cagle Y Carter Y Chance Y Chapman Y Douglas E 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 E Starr Y Staton E Stephens E Stoner Y Tate Y Thomas,D N Thomas,R Y Thompson,C E 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 44, nays 3. HB 170, having received the requisite constitutional majority, was passed by substitute.

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Senator Johnson of the 1st recognized the 2005 Senate Aides and Interns, commended by SR 522 and SR 523, adopted previously.
The following bill was taken up to consider House action thereto:
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.
Senator Bulloch of the 11th asked unanimous consent that the Senate insist on its substitute to HB 487.
The consent was granted, and the Senate insisted on its substitute to HB 487.
The following bill was taken up to consider House action thereto:
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.
Senator Moody of the 56th asked unanimous consent that the Senate adhere to its substitute to HB 36 and that a Conference Committee be appointed.
The consent was granted, and the President appointed as a Conference Committee the following Senators: Moody of the 56th, Wiles of the 37th and Shafer of the 48th.

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The following bill was taken up to consider House action thereto:
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.
The House substitute was as follows:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 33-20A-5 of the Official Code of Georgia Annotated, relating to standards for certification of qualified managed care plans, so as to change certain provisions relating to standards for certification of qualified managed care plans; to amend Article 2 of Chapter 20A of Title 33 of the Official Code of Georgia Annotated, 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 Official Code of Georgia Annotated, 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 Official Code of Georgia Annotated, relating to PeachCare for Kids, so as to provide for a definition; to change certain provisions relating to the creation of PeachCare, availability, eligibility, payment of premiums, and enrollment; 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.

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Code Section 33-20A-5 of the Official Code of Georgia Annotated, relating to standards for certification of qualified managed care plans, is amended by striking division (1)(A)(ix) and inserting in lieu thereof the following:
(ix)(I) Except as provided for in subdivision (II) of this division, the The existence of restrictive formularies or prior approval requirements for prescription drugs. An enrollee or a prospective enrollee shall be entitled, upon request, to a description of specific drug and therapeutic class restrictions; (II) For a managed care plan offered pursuant to Article 1 of Chapter 18 of Title 45, a statement that the managed care entity shall not utilize restrictive formularies or prior approval requirements for prescription drugs and that the managed care entity shall provide coverage for any drug legally prescribed pursuant to the laws of this state;
SECTION 2. Article 2 of Chapter 20A of Title 33 of the Official Code of Georgia Annotated, relating to the patients right to independent review, is amended by striking such article in its entirety and inserting in lieu thereof a new Article 2 to read as follows:
ARTICLE 2 33-20A-30. This article shall be known and may be cited as the 'Patients Right to Independent Review Act.' 33-20A-31. As used in this article:
(1) 'Department' means the Department of Community Health established under Chapter 5A of Title 31. (2) 'Eligible enrollee' means a person who:
(A) Is an enrollee or an eligible dependent of an enrollee of a managed care plan or was an enrollee or an eligible dependent of an enrollee of such plan at the time of the request for treatment; and (B) Seeks a treatment which reasonably appears to be a covered service or benefit under the enrollees evidence of coverage; provided, however, that this subparagraph shall not apply if the notice from a managed care plan of the outcome of the grievance procedure was that a treatment is experimental.; and (C) Is not a Medicaid care management member. (2)(3) 'Grievance procedure' means the grievance procedure established pursuant to Code Section 33-20A-5. (3)(4) 'Independent review organization' means any organization certified as such by the planning agency department under Code Section 33-20A-39. (5) 'Medicaid care management member' means a recipient of medical assistance, as that term is defined in paragraph (7) of Code Section 49-4-141, and shall also include a child receiving health care benefits pursuant to Article 13 of Chapter 5 of Title 49. (4)(6) 'Medical and scientific evidence' means:

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(A) Peer reviewed scientific studies published in or accepted for publication by medical journals that meet nationally recognized requirements for scientific manuscripts and that submit most of their published articles for review by experts who are not part of the editorial staff; (B) Peer reviewed literature, biomedical compendia, and other medical literature that meet the criteria of the National Institutes of Healths National Library of Medicine for indexing in Index Medicus, Excerpta Medicus (EMBASE), Medline, and MEDLARS data base or Health Services Technology Assessment Research (HSTAR); (C) Medical journals recognized by the United States secretary of health and human services, under Section 1861(t)(2) of the Social Security Act; (D) The following standard reference compendia: the American Hospital Formulary Service-Drug Information, the American Medical Association Drug Evaluation, the American Dental Association Accepted Dental Therapeutics, and the United States Pharmacopoeia-Drug Information; or (E) Findings, studies, or research conducted by or under the auspices of federal government agencies and nationally recognized federal research institutes including the Federal Agency for Health Care Policy and Research, National Institutes of Health, National Cancer Institute, National Academy of Sciences, the Centers for Medicare and Medicaid Services, and any national board recognized by the National Institutes of Health for the purpose of evaluating the medical value of health services. (5)(7) 'Medical necessity,' 'medically necessary care,' or 'medically necessary and appropriate' means care based upon generally accepted medical practices in light of conditions at the time of treatment which is: (A) Appropriate and consistent with the diagnosis and the omission of which could adversely affect or fail to improve the eligible enrollees condition; (B) Compatible with the standards of acceptable medical practice in the United States; (C) Provided in a safe and appropriate setting given the nature of the diagnosis and the severity of the symptoms; (D) Not provided solely for the convenience of the eligible enrollee or the convenience of the health care provider or hospital; and (E) Not primarily custodial care, unless custodial care is a covered service or benefit under the eligible enrollees evidence of coverage. (6) 'Planning agency' means the Health Planning Agency established under Chapter 6 of Title 31 or its successor agency. (7)(8) 'Treatment' means a medical service, diagnosis, procedure, therapy, drug, or device. (8)(9) Any term defined in Code Section 33-20A-3 shall have the meaning provided for that term in Code Section 33-20A-3 except that 'enrollee' shall include the enrollees eligible dependents.

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33-20A-32. An eligible enrollee shall be entitled to appeal to an independent review organization when:
(1) The eligible enrollee has received notice of an adverse outcome pursuant to a grievance procedure or the managed care entity has not complied with the requirements of Code Section 33-20A-5 with regard to such procedure; or (2) A managed care entity determines that a proposed treatment is excluded as experimental under the managed care plan, and all of the following criteria are met:
(A) The eligible enrollee has a terminal condition that, according to the treating physician, has a substantial probability of causing death within two years from the date of the request for independent review or the eligible enrollees ability to regain or maintain maximum function, as determined by the treating physician, would be impaired by withholding the experimental treatment; (B) After exhaustion of standard treatment as provided by the evidence of coverage or a finding that such treatment would be of substantially lesser or of no benefit, the eligible enrollees treating physician certifies that the eligible enrollee has a condition for which standard treatment would not be medically indicated for the eligible enrollee or for which there is no standard treatment available under the evidence of coverage of the eligible enrollee more beneficial than the treatment proposed; (C) The eligible enrollees treating physician has recommended and certified in writing treatment which is likely to be more beneficial to the eligible enrollee than any available standard treatment; (D) The eligible enrollee has requested a treatment as to which the eligible enrollees treating physician, who is a licensed, board certified or board eligible physician qualified to practice in the area of medicine appropriate to treat the eligible enrollees condition, has certified in writing that scientifically valid studies using accepted protocols, such as control group or double-blind testing, published in peer reviewed literature, demonstrate that the proposed treatment is likely to be more beneficial for the eligible enrollee than available standard treatment; and (E) A specific treatment recommended would otherwise be included within the eligible enrollees certificate of coverage, except for the determination by the managed care entity that such treatment is experimental for a particular condition.
33-20A-33. Except where required pursuant to Code Section 51-1-49, a proposed treatment must require the expenditure of a minimum of $500.00 to qualify for independent review.
33-20A-34. (a) The parent or guardian of a minor who is an eligible enrollee may act on behalf of the minor in requesting independent review. The legal guardian or representative of an incapacitated eligible enrollee shall be authorized to act on behalf of the eligible enrollee in requesting independent review. Except as provided in Code Section 51-1-49,

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independent review may not be requested by persons other than the eligible enrollee or a person acting on behalf of the eligible enrollee as provided in this Code section. (b) A managed care entity shall be required to pay the full cost of applying for and obtaining the independent review. (c) The eligible enrollee and the managed care entity shall cooperate with the independent review organization to provide the information and documentation, including executing necessary releases for medical records, which are necessary for the independent review organization to make a determination of the claim.
33-20A-35. (a) In the event that the outcome of the grievance procedure under Code Section 3320A-5 is adverse to the eligible enrollee, the managed care entity shall include with the written notice of the outcome of the grievance procedure a statement specifying that any request for independent review must be made to the planning agency department on forms developed by the planning agency department, and such forms shall be included with the notification. Such statement shall be in simple, clear language in boldface type which is larger and bolder than any other typeface which is in the notice and in at least 14 point typeface. (b) An eligible enrollee must submit the written request for independent review to the planning agency department. Instructions on how to request independent review shall be given to all eligible enrollees with the written notice required under this Code section together with instructions in simple, clear language as to what information, documentation, and procedure are required for independent review. (c) Upon receipt of a completed form requesting independent review as required by subsection (a) of this Code section, the planning agency department shall notify the eligible enrollee of receipt and assign the request to an independent review organization on a rotating basis according to the date the request is received. (d) Upon assigning a request for independent review to an independent review organization, the planning agency department shall provide written notification of the name and address of the assigned organization to both the requesting eligible enrollee and the managed care entity. (e) No managed care entity may be certified by the Commissioner under Article 1 of this chapter unless the entity agrees to pay the costs of independent review to the independent review organization assigned by the planning agency department to conduct each review involving such entitys eligible enrollees.
33-20A-36. (a) Within three business days of receipt of notice from the planning agency department of assignment of the application for determination to an independent review organization, the managed care entity shall submit to that organization the following:
(1) Any information submitted to the managed care entity by the eligible enrollee in support of the eligible enrollees grievance procedure filing; (2) A copy of the contract provisions or evidence of coverage of the managed care

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plan; and (3) Any other relevant documents or information used by the managed care entity in determining the outcome of the eligible enrollees grievance. Upon request, the managed care entity shall provide a copy of all documents required by this subsection, except for any proprietary or privileged information, to the eligible enrollee. The eligible enrollee may provide the independent review organization with any additional information the eligible enrollee deems relevant. (b) The independent review organization shall request any additional information required for the review from the managed care entity and the eligible enrollee within five business days of receipt of the documentation required under this Code section. Any additional information requested by the independent review organization shall be submitted within five business days of receipt of the request, or an explanation of why the additional information is not being submitted shall be provided. (c) Additional information obtained from the eligible enrollee shall be transmitted to the managed care entity, which may determine that such additional information justifies a reconsideration of the outcome of the grievance procedure. A decision by the managed care entity to cover fully the treatment in question upon reconsideration using such additional information shall terminate independent review. (d) The expert reviewer of the independent review organization shall make a determination within 15 business days after expiration of all time limits set forth in this Code section, but such time limits may be extended or shortened by mutual agreement between the eligible enrollee and the managed care entity. The determination shall be in writing and state the basis of the reviewers decision. A copy of the decision shall be delivered to the managed care entity, the eligible enrollee, and the planning agency department by at least first-class mail. (e) The independent review organizations decision shall be based upon a review of the information and documentation submitted to it. (f) Information required or authorized to be provided pursuant to this Code section may be provided by facsimile transmission or other electronic transmission.
33-20A-37. (a) A decision of the independent review organization in favor of the eligible enrollee shall be final and binding on the managed care entity and the appropriate relief shall be provided without delay. A managed care entity bound by such decision of an independent review organization shall not be liable pursuant to Code Section 51-1-48 for abiding by such decision. Nothing in this Code section shall relieve the managed care entity from liability for damages proximately caused by its determination of the proposed treatment prior to such decision. (b) A determination by the independent review organization in favor of a managed care entity shall create a rebuttable presumption in any subsequent action that the managed care entitys prior determination was appropriate and shall constitute a medical record for purposes of Code Section 24-7-8. (c) In the event that, in the judgment of the treating health care provider, the health

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condition of the enrollee is such that following the provisions of Code Section 33-20A36 would jeopardize the life or health of the eligible enrollee or the eligible enrollees ability to regain maximum function, as determined by the treating health care provider, an expedited review shall be available. The expedited review process shall encompass all elements enumerated in Code Sections 33-20A-36 and 33-20A-40; provided, however, that a decision by the expert reviewer shall be rendered within 72 hours after the expert reviewers receipt of all available requested documents.
33-20A-38. Neither an independent review organization nor its employees, agents, or contractors shall be liable for damages arising from determinations made pursuant to this article, unless an act or omission thereof is made in bad faith or through gross negligence, constitutes fraud or willful misconduct, or demonstrates malice, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to the consequences.
33-20A-39. (a) The planning agency department shall certify independent review organizations that meet the requirements of this Code section and any regulations promulgated by the planning agency department consistent with this article. The planning agency department shall deem certified any independent review organization meeting standards developed for this purpose by an independent national accrediting organization. To qualify for certification, an independent review organization must show the following:
(1) Expert reviewers assigned by the independent review organization must be physicians or other appropriate providers who meet the following minimum requirements:
(A) Are expert in the treatment of the medical condition at issue and are knowledgeable about the recommended treatment through actual clinical experience; (B) Hold a nonrestricted license issued by a state of the United States and, for physicians, a current certification by a recognized American medical specialty board in the area or areas appropriate to the subject of review; and (C) Have no history of disciplinary action or sanctions, including, but not limited to, loss of staff privileges or participation restriction, taken or pending by any hospital, government, or regulatory body; (2) The independent review organization shall not be a subsidiary of, nor in any way owned or controlled by, a health plan, a trade association of health plans, a managed care entity, or a professional association of health care providers; and (3) The independent review organization shall submit to the planning agency department the following information upon initial application for certification, and thereafter within 30 days of any change to any of the following information: (A) The names of all owners of more than 5 percent of any stock or options, if a publicly held organization;

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(B) The names of all holders of bonds or notes in excess of $100,000.00, if any; (C) The names of all corporations and organizations that the independent review organization controls or is affiliated with, and the nature and extent of any ownership or control, including the affiliated organizations type of business; and (D) The names of all directors, officers, and executives of the independent review organization, as well as a statement regarding any relationships the directors, officers, and executives may have with any health care service plan, disability insurer, managed care entity or organization, provider group, or board or committee. (b) Neither the independent review organization nor any expert reviewer of the independent review organization may have any material professional, familial, or financial conflict of interest with any of the following: (1) A managed care plan or entity being reviewed; (2) Any officer, director, or management employee of a managed care plan which is being reviewed; (3) The physician, the physicians medical group, health care provider, or the independent practice association proposing a treatment under review; (4) The institution at which a proposed treatment would be provided; (5) The eligible enrollee or the eligible enrollees representative; or (6) The development or manufacture of the treatment proposed for the eligible enrollee whose treatment is under review. (c) As used in subsection (b) of this Code section, the term 'conflict of interest' shall not be interpreted to include a contract under which an academic medical center or other similar medical research center provides health care services to eligible enrollees of a managed care plan, except as subject to the requirement of paragraph (4) of subsection (b) of this Code section; affiliations which are limited to staff privileges at a health care facility; or an expert reviewers participation as a contracting plan provider where the expert is affiliated with an academic medical center or other similar medical research center that is acting as an independent review organization under this article. An agreement to provide independent review for an eligible enrollee or managed care entity is not a conflict of interest under subsection (b) of this Code section. (d) The independent review organization shall have a quality assurance mechanism in place that ensures the timeliness and quality of the reviews, the qualifications and independence of the experts, and the confidentiality of medical records and review materials. (e) The planning agency department shall provide upon the request of any interested person a copy of all nonproprietary information filed with it pursuant to this article. The planning agency department shall provide at least quarterly a current list of certified independent review organizations to all managed care entities and to any interested persons.
33-20A-40. (a) For the purposes of this article, in making a determination as to whether a treatment is medically necessary and appropriate, the expert reviewer shall use the definition

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provided in paragraph (5)(7) of Code Section 33-20A-31. (b) For the purposes of this article, in making a determination as to whether a treatment is experimental, the expert reviewer shall determine:
(1) Whether such treatment has been approved by the federal Food and Drug Administration; or (2) Whether medical and scientific evidence demonstrates that the expected benefits of the proposed treatment would be greater than the benefits of any available standard treatment and that the adverse risks of the proposed treatment will not be substantially increased over those of standard treatments. For either determination, the expert reviewer shall apply prudent professional practices and shall assure that at least two documents of medical and scientific evidence support the decision.
33-20A-41. The planning agency department shall provide necessary rules and regulations for the implementation and operation of this article.
33-20A-42. Medicaid care management members shall, after first exhausting the grievance procedure of the managed care plan providing health care benefits pursuant to Article 7 of Chapter 4 of Title 49 or Article 13 of Chapter 5 of Title 49, be afforded the fair hearing rights provided pursuant to Code Section 49-4-153 or the state plan provided for in Article 13 of Chapter 5 of Title 49.
SECTION 3. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, is amended by striking Code Section 49-4-156, which is reserved, and inserting in lieu thereof a new Code Section 49-4-156 to read as follows: 49-4-156. Reserved. The provisions of Code Section 33-21-16 shall not apply to health maintenance organizations with respect to contracts entered into with the department for the furnishing of health care services to persons pursuant to this article.
SECTION 4. Article 13 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to PeachCare for Kids, is amended by striking Code Section 49-5-272, relating to definitions, and inserting in lieu thereof the following:
49-5-272. As used in this article, the term:
(1) 'Board' means the Board of Community Health. (2) 'Department' means the Department of Community Health. (2)(3) 'Federal law' means Title XXI of the federal Social Security Act. (3)(4) 'Medicaid' means medical assistance provided under Article 7 of Chapter 4 of

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this title, the 'Georgia Medical Assistance Act of 1977.' (4)(5) 'PeachCare' or 'program' means the PeachCare for Kids Program created by Code Section 49-5-273.
SECTION 5. Said article is further amended by striking subsections (g) through (o) of Code Section 49-5-273, relating to the creation of PeachCare, availability, eligibility, payment of premiums, and enrollment, and inserting in lieu thereof the following:
"(g) The department shall provide for outreach for the purpose of enrolling children in the program. Applications shall be accepted by mail or in person. All necessary and appropriate steps shall be taken to achieve administrative cost efficiency, reduce administrative barriers to application for and receipt of services under the program, verify eligibility for the program and enforce eligibility standards, and ensure that enrollment in the program does not substitute for coverage under a group health insurance plan. (h) Any health care provider who is enrolled in the Medicaid program shall be deemed to be enrolled in the program. (i) The department shall file a Title XXI plan to carry out the program with the United States Department of Health and Human Services Centers for Medicare and Medicaid Services by June 1, 1998. The department shall have the authority and flexibility to make such decisions as are necessary to secure approval of that plan consistent with this article. The department shall provide a copy of the plan to the General Assembly. The department shall operate this program consistent with federal law. (j) The department shall publish an annual report, copies of which shall be provided to the Governor and the General Assembly, setting forth the number of participants in the program, the health services provided, the amount of money paid to providers, and other pertinent information with respect to the administration of the program. (k) All state agencies shall cooperate with the department and its designated agents by providing requested information to assist in the administration of the program. (l) The department, through the Department of Administrative Services or any other appropriate entity, may contract for any or all of the following: the collection of premiums, processing of applications, verification of eligibility, outreach, data services, and evaluation, if such contracting achieves administrative or service cost efficiency. The department, and other state agencies as appropriate, shall provide necessary information to any entity which has contracted with the department for services related to the administration of the program upon request. For purposes of compliance with Code Section 34-8-125, a request by any entity which has contracted with the department for services related to the administration of the program shall be deemed to be a request by a responsible official of the department and considered to be a request by the department. (m) Nothing in this article shall be interpreted in a manner so as to preclude the department from contracting with licensed health maintenance organizations (HMO) or provider sponsored health care corporations (PSHCC) for coverage of program services and eligible children in a metropolitan statistical area; provided, however, that such

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contracts shall require payment of premiums and copayments in a manner consistent with this article. The department may not require enrollment in a health maintenance organization (HMO) or provider sponsored health care corporation (PSHCC) as a condition of receiving coverage under the program. (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 provide assistance to the department and its designated agents for the purposes of identifying and enrolling eligible children in the program.
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.
Senator Williams of the 19th asked unanimous consent that the Senate disagree to the House substitute to SB 140.
The consent was granted, and the Senate disagreed to the House substitute to SB 140.
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.
The Calendar was resumed.
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.
Senate Sponsor: Senator Hamrick of the 30th.

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The Senate Judiciary Committee offered the following substitute to HB 172:
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 Official Code of Georgia Annotated, 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 Official Code of Georgia Annotated, relating to criminal procedure, so as to change the provisions relating to victim impact statements; to codify certain common law procedures relating to the collection of fines and restitution in criminal cases which authorize a fine to be reduced to a judgment and recorded on the general execution docket; to provide that actions to collect fines and restitution may be instituted; to substantially revise the procedures for the award of restitution to victims of crime; to provide for definitions; to provide for a hearing and burden of proof; to provide procedures for certain transfers of property to be set aside; to provide for a statute of limitations on a cause of action based upon a fraudulent transfer; to amend Code Section 48-7-161 of the Official Code of Georgia Annotated, 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 other matters relative to the foregoing; 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. This Act shall be known and may be cited as the "Crime Victims Restitution Act of 2005."
SECTION 2. Article 5 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to tolling of limitations of actions, is amended by inserting a new Code Section 9-3-99 to read as follows:
9-3-99. The running of the period of limitations with respect to any cause of action in tort that may be brought by the victim of an alleged crime which arises out of the facts and circumstances relating to the commission of such alleged crime committed in this state shall be tolled from the date of the commission of the alleged crime or the act giving rise to such action in tort until the prosecution of such crime or act has become final or otherwise terminated, provided that such time does not exceed six years.

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SECTION 3. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking in its entirety Code Section 17-10-1.1, relating to judicial consideration of victim impact statements, and inserting in lieu thereof the following:
17-10-1.1. (a)(1) A prosecuting attorney bringing charges against a defendant shall notify, where practical, the alleged victim or, when the victim is no longer living, a member of the victims family of his or her right under certain circumstances to submit a victim impact statement:
(A)(1) Where the charge is a felony, if the defendant allegedly caused physical, psychological, or, if restitution is sought, economic injury to the victim; or (B)(2) Where the charge is a misdemeanor, if the defendant allegedly caused serious physical injury or death to the victim. (2) A victim impact statement submitted by a victim shall be attached to the case file and may be used by the prosecuting attorney or the judge during any stage of the proceedings against the defendant involving predisposition, plea bargaining, sentencing, or determination of restitution. (b) A victim impact statement shall: (1) Identify the victim of the offense and the perpetrator; (2) Itemize any economic loss suffered by the victim as a result of the offense; (3) Identify any physical injury suffered by the victim as a result of the offense along with its seriousness and permanence; (4) Describe any change in the victims personal welfare or familial relationships as a result of the offense; (5) Identify any request for psychological services initiated by the victim or the victims family as a result of the offense; and (6) Contain any other information related to the impact of the offense upon the victim that the court requires. (c) The State Board of Pardons and Paroles shall establish a form document which shall include the elements set forth in subsection (b) of this Code section and shall make copies of such form available to prosecuting attorneys in the state. When requested by the victim, the victim impact statement form document shall be provided to the victim by the prosecuting attorney. The form shall include the address of the State Board of Pardons and Paroles and contain a statement that the victim must maintain a copy of his or her address with the State Board of Pardons and Paroles and must notify the board of any change of address. (d) The victim may complete the victim impact statement form and submit such form to the appropriate prosecuting attorney charged with the prosecution of the case. If the victim is unable to do so because of such victims mental, emotional, or physical incapacity, or because of such victims age, the victims attorney or a family member may complete the victim impact statement form on behalf of the victim. The prosecuting attorney shall file any such written victim impact statement, if in existence at that time, with the court.

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(e)(1) The court prosecuting attorney shall, in the manner prescribed by rule of court, provide the defendant with a copy of the victim impact statement within a reasonable period of time prior to any stage of the proceedings against the defendant involving predisposition or plea bargaining, and within a reasonable period of time, but not less than ten days, prior to any hearing at which it is to be considered and sentencing or determination of restitution is being considered so as to allow the defendant to have the opportunity to respond to and rebut the victims written statements victim impact statement. (2) The court shall consider the victim impact statement prior to sentencing or any determination of restitution. (f) If for any reason a victim was not allowed an opportunity to make a written victim impact statement, the victim may submit a victim impact statement to the State Board of Pardons and Paroles in any case prior to consideration of parole. (g) No sentence shall be invalidated because of failure to comply with the provisions of this Code section. This Code section shall not be construed to create any cause of action or any right of appeal on behalf of any person.
SECTION 4. Said title is further amended by adding a new Code Section 17-10-20 at the end of Article 1, to read as follows:
17-10-20. (a) In any case in which a fine or restitution is imposed as part of the sentence, such fine and restitution shall constitute a judgment against the defendant. Upon the request of the prosecuting attorney, it shall be the duty of the clerk of the sentencing court to issue a writ of fieri facias thereon and enter it on the general execution docket of the superior court of the county in which such sentence was imposed. Such fieri facias may also be entered on the general execution docket in any county in which the defendant owns real property. (b) If, in imposing sentence, the court sets a time certain for such fine or restitution to be paid in full, no execution shall issue upon the writ of fieri facias against the property of the defendant until such time as the time set by the court for payment of the fine or restitution shall have expired. (c) If the fine or restitution is not paid in full, such judgment may be enforced by instituting any procedure for execution upon the writ of fieri facias through levy, foreclosure, garnishment, and all other actions provided for the enforcement of judgments in the State of Georgia and in other states and foreign nations where such judgment is afforded full faith and credit under the Uniform Foreign Money Judgments Act or domestication thereof. (d) If the fine is not paid in full by the expiration of the time set by the court for payment of the fine, the governing authority of the county or municipality entitled to such fine may institute procedures to enforce such judgment as provided by subsection (c) of this Code section. (e) If the restitution is not paid in full by the expiration of the time set by the court for

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payment of the restitution, the prosecuting attorney or the victim entitled to receive such restitution may institute procedures to enforce such judgment as provided by subsection (c) of this Code section. (f) Notwithstanding the provisions of Code Section 9-12-60, a judgment entered on the general execution docket pursuant to this Code section shall not become dormant during any period when the defendant is incarcerated and for seven years thereafter. Such judgment shall be subject to revival in the same manner as provided for dormant judgments under Code Section 9-12-60. (g) No fees, costs, or other charges authorized by law in civil cases shall be charged by a clerk of superior court for entering a judgment arising out of a criminal case on the general execution docket or for any action brought by the state to enforce such judgment. (h) The provisions of this Code section shall be supplemental to any other provision of law applicable to the collection of fines or restitution in criminal cases.
SECTION 5. Said title is further amended by striking Article 1 of Chapter 14, relating to restitution, in its entirety and inserting in lieu thereof a new Article 1 to read as follows:
ARTICLE 1
17-14-1. It is declared to be the policy of this state that restitution to their victims by those found guilty of crimes or adjudicated as having committed delinquent acts is a primary concern of the criminal justice system and the juvenile justice system.
17-14-2. As used in this article, the term:
(1) 'Board' means the State Board of Pardons and Paroles. 'Conviction' means an adjudication of guilt of or a plea of guilty or nolo contendere to the commission of an offense against the laws of this state. Such term includes any such conviction or plea, notwithstanding the fact that sentence was imposed pursuant to Article 3 of Chapter 8 of Title 42. Such term also includes the adjudication or plea of a juvenile to the commission of an act which, if committed by an adult, would constitute a crime under the laws of this state. (2) 'Damages' means all special damages which a victim could recover against an offender in a civil action, including a wrongful death action, based on the same act or acts for which the offender is sentenced, except punitive damages and damages for pain and suffering, mental anguish, or loss of consortium. Such special damages shall not be limited by any law which may cap economic damages. Special damages may include the reasonably determined costs of transportation to and from court proceedings related to the prosecution of the crime. (3) 'Department' means the Department of Corrections.

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(4)(3) 'Offender' means any natural person, firm, partnership, association, public or private corporation, or other legal entity who that has been placed on probation under Article 3 of Chapter 8 of Title 42 or sentenced for any crime or any juvenile who has been adjudged delinquent or unruly. (5)(4) 'Ordering authority' means the:
(A) A court of competent jurisdiction,; (B) The the State Board of Pardons and Paroles,; (C) The the Department of Corrections, or; (D) The Department of Juvenile Justice; or (E) Any any combination thereof, as is required by the context. (5) 'Parent' means a person who is the legal mother as defined in paragraph (10.2) of Code Section 15-11-2, the legal father as defined in paragraph (10.1) of Code Section 15-11-2, or the legal guardian. Such term shall not include a foster parent. (6) 'Relief' means any suspended or probated sentence, including probation imposed under Article 3 of Chapter 8 of Title 42; any parole or other conditional release from incarceration; the awarding of earned time allowances; reduction in security status; or placement in prison rehabilitation programs, including, but not limited to, those in which the offender receives monetary compensation. (7) 'Restitution' means any property, lump sum, or periodic payment ordered to be made by any offender or other person to any victim by any ordering authority. Where the victim is a public corporation or governmental entity or where the offender is a juvenile, restitution may also be in the form of services ordered to be performed by the offender. (8) 'Restitution order' means any order, decree, or judgment of an ordering authority which requires an offender to make restitution as a condition or term of any relief granted to an offender. (9) 'Victim' means any: (A) Natural natural person or his or her personal representative or, if the victim is deceased, his or her estate; or (B) Any any firm, partnership, association, public or private corporation, or governmental entity suffering damages caused by an offenders unlawful act; provided, however, that the term 'victim' shall not include any person who is concerned in the commission of such unlawful act as defined in Code Section 16-2-20.
17-14-3. (a) Subject to the provisions of Code Section 17-14-10, notwithstanding the provisions contained in Chapter 11 of Title 15, and in addition to any other penalty imposed by law, a The judge of any court of competent jurisdiction may shall order that an adult offender to make full restitution as a condition of any relief ordered by the court. The board may order that an adult offender make restitution as a condition of any relief ordered by the board. The department may order that an adult offender make restitution as a condition of any relief ordered by the department to any victim.

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(b) If the offender is placed on probation, including probation imposed pursuant to Chapter 11 of Title 15 or Article 3 of Chapter 8 of Title 42, or sentence is suspended, deferred, or withheld, restitution ordered under this Code section shall be a condition of that probation, sentence, or order. (c) If the offender is granted relief by the Department of Juvenile Justice, Department of Corrections, or the State Board of Pardons and Paroles, the terms of any court order requiring the offender to make restitution to a victim shall be a condition of such relief in addition to any other terms or conditions which may apply to such relief.
17-14-4. Notwithstanding any provision of Code Section 42-9-45 to the contrary, the board State Board of Pardons and Paroles may grant parole prior to the completion of one-third of the sentence if restitution is ordered as a condition of the parole.
17-14-5. (a) The juvenile courts are expressly directed to consider the strong policy of this state in favor of restitution but are not required to place the goal of restitution by juveniles above the goal of rehabilitation or treatment of delinquent or unruly juveniles. It is, however, declared to be the policy of this state to recognize that the goal of restitution is consistent with the goal of rehabilitation of delinquent or unruly juveniles and to seek to provide restitution in such cases. (b) Notwithstanding any provision of Chapter 11 of Title 15, the The juvenile courts are expressly authorized to order restitution as a condition or limitation of the probation of shall order restitution in any case involving delinquent or unruly juveniles in the same manner as is authorized by this article for adult offenders. (c) For purposes of ensuring compliance with the restitution order, the juvenile courts are authorized to retain jurisdiction over a juvenile subject to a to such restitution order for a reasonable period after the juvenile reaches the age of majority until the juvenile reaches 21 years of age. If the juvenile court retains jurisdiction of such offender as provided in this Code section and the terms of the restitution order are not completed before the offenders twenty-first birthday, the juvenile court shall transfer the restitution order to the superior court. (d) As an alternative to subsection (c) of this Code section, the juvenile courts are authorized to transfer to the superior courts, and the superior courts are authorized to accept, jurisdiction over enforcement of restitution orders against juveniles who, since entry of the order, have attained the age of majority 18 years of age. (e) If the court determines that a juvenile is or will be unable to pay all of the restitution ordered, after notice to the juveniles parent or parents and an opportunity for the parent or parents to be heard, the court may order the parent or parents to pay any portion of the restitution ordered that is outstanding where the court or a jury finds by clear and convincing evidence that the parent or parents knew or should have known of the juveniles propensity to commit such acts and the acts are due to the parents or parents negligence or reckless disregard for the juveniles propensity to commit such

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acts. Upon the eighteenth birthday of the juvenile, the parental obligation to pay restitution shall be terminated. (f) If the court orders a parent to pay restitution under subsection (e) of this Code section, the court shall take into account the considerations identified in Code Section 17-14-10. If the parent or parents are required to pay restitution under subsection (e) of this Code section, the court shall provide for payment to be made in specified installments and within a specified period of time.
17-14-6. (a) Where an offender has made total or partial restitution to a victim, the ordering authority shall consider the fact of such restitution in considering any case within its power set off any such amounts and reduce the amount payable to the victim. (b) The ordering authority shall not order restitution to be paid to a victim or victims estate if the victim or victims estate has received or is to receive full compensation for that loss from the offender as a result of a civil proceeding. (c) Any amount paid to a victim or victims estate under a restitution order shall reduce the amount payable to a victim or a victims estate by an award from the Georgia Crime Victims Compensation Board made prior to or after a restitution order under this article. (d) The ordering authority shall order restitution be paid to the Georgia Crime Victims Compensation Board, other governmental entities, or to any individuals, partnerships, corporations, associations, or other legal entities acting on behalf of a governmental entity that have compensated the victim or the victims estate for a loss incurred by the victim to the extent of the compensation paid for that loss. The ordering authority shall also order restitution for the costs of services provided to persons or entities that have provided services to the victim as a result of the crime. Services that are subject to restitution under this subsection include, but are not limited to, shelter, food, clothing, and transportation. However, a restitution order shall require that all restitution to a victim or victims estate under the restitution order be made before any restitution to any other person or entity under that restitution order is made. (e) In the event the ordering authority provides for a setoff or priority in terms of payment of restitution, the ordering authority shall state on the record with specificity the reasons for its action.
17-14-7. (a) Any offender may offer a restitution plan to the ordering authority. If a plan is offered, it shall be the duty of the ordering authority to consider the factors stated in Code Section 17-14-10 and to make the plan part of a restitution order if acceptable to the ordering authority. (b) If the parties have not agreed on the amount of restitution prior to sentencing, the ordering authority shall set a date for a hearing to determine restitution. Any dispute as to the proper amount or type of restitution shall be resolved by the ordering authority by the preponderance of the evidence. The burden of demonstrating the amount of the loss sustained by a victim as a result of the offense shall be on the state. The burden of

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demonstrating the financial resources of the offender or person being ordered to pay restitution and the financial needs of his or her dependents shall be on the offender or person being ordered to pay restitution. The burden of demonstrating such other matters as the ordering authority deems appropriate shall be upon the party designated by the ordering authority as justice requires. (c) If the ordering authority finds that more than one offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount of restitution or may apportion liability among the offenders to reflect the level of contribution to the victims loss and economic circumstances of each offender. (d) If the ordering authority finds that more than one victim has sustained a loss requiring restitution by an offender, the court may provide for a different payment schedule for each victim based on the type and amount of each victims loss and accounting for the economic circumstances of each victim. In any case in which the state or any of its political subdivisions is a victim and thus is due restitution, the ordering authority shall ensure that any other victim receives full restitution before the state or a political subdivision receives restitution. (e) A victim may waive his or her right to obtain restitution pursuant to this chapter. Any such waiver shall be made in writing and filed with the court or ordering authority having jurisdiction over the criminal case. Such waiver shall not affect any other rights or remedies that the victim may have against the offender under the laws of this state or the United States or any of the several states.
17-14-8. (a) In deciding any case subject to this article, before granting any relief the ordering authority shall make a written finding either:
(1) That there are no victims to whom restitution should be made under the policy of this state; (2) That the circumstances of the case are such that no restitution order or plan is reasonably possible; (3) That the offender, in cooperation with the ordering authority, has developed and consented to a plan of restitution, which plan shall be made a part of a restitution order; or (4) That restitution will be ordered as a condition of the relief. (b) The failure to make a finding as required by this Code section, however, shall not invalidate any order or other action of the ordering authority. (a) In any case in which a court sentences an offender to pay restitution and a fine, if the court permits the offender to pay such restitution and fine in other than a lump sum, the clerk of any superior court of this state, probation officer or parole officer, or other official who receives such partial payments shall apply not less than one-half of each payment to the restitution before paying any portion of such fine or any forfeitures, costs, fees, or surcharges provided for by law to any agency, department, commission, committee, authority, board, or bureau of state or local government. (b) The clerk of any court of this state, probation officer or parole officer, or other

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official who receives partial payments for restitution shall pay the restitution amount to the victim as provided in the restitution ord